Last updated: May, 2023
Eugene Labs Pty Ltd, including its subsidiaries (referred to collectively as “Eugene” “we” or “us”), maintains websites, including without limitation www.eugenelabs.com. Our Website has been designed to provide general information about Eugene and our products, services and research and to allow individuals, families and medical and research providers to register certain information which is stored within our compliant patient management software.
Please read these terms and conditions (“Terms”) carefully before accessing, using or browsing our Websites or any of our content, or purchasing products via our Websites, or using our services. By accessing, browsing or using our Websites or any of our content, purchasing products via our Websites or services, you acknowledge that:
By using and/or visiting our Websites, purchasing our products or using our services, you confirm your agreement to both these Terms and the Eugene Privacy Policy, which forms part of these Terms and is available here: https://eugenelabs.com/privacy/
Eugene may revise or modify these Terms from time to time. You are responsible for reviewing our Websites periodically to check for any amendment or update of the Terms if/when applicable. You are bound by any such new Terms where you continue to use the Websites or purchase our products or use our services after any such revision or modification of the Terms.
If you choose not to proceed with testing after you have been provided with your testing kit and/or have discussed the process with the genetic counsellor, you must communicate this to Eugene and you may be entitled to a refund, subject to our refund policy (detailed below)
The refund policy applies to the following purchases ; tests or services purchased from Eugene Labs.
Under the Australian Consumer Law: Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the goods you are entitled
If the failure with the service does not amount to a major failure you are entitled to a re-supply of the goods with a reasonable time, or to cancel the purchase and be provided with a refund of any price paid
We offer refunds and replacements in accordance with the Australian Consumer Law.
In the event that you receive the products and services you have purchased, as stated, but that you simply change your mind, we may, at our discretion, offer you a refund or exchange, provided that:
In the event that the product you ordered has been damaged during delivery:
Notwithstanding the other provisions in this policy, we may refuse to provide a replacement or refund for a product or service purchased by you if:
In the event that the product you have purchased fails to meet one or more Consumer guarantees under the Australian Consumer Law, we shall bear any cost of shipping a replacement of the said product (“The Returned Product”) to you.
We aim to process any requests for returns or refunds (if applicable) within 5 business days of receipt.
Eugene will use reasonable efforts to include accurate and up-to-date information on our Websites; however, any information presented on our Websites as of a particular date may only be accurate as of such date, and Eugene disclaims any responsibility to update such information.
You must exercise caution, good sense and sound judgment in using our Websites. You are prohibited from violating or attempting to violate the security of our Websites. Any such violations may result in criminal and/or civil penalties against you. Eugene will investigate any alleged or suspected violations, and if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations.
You are not obliged to register with Eugene to access our Websites. However, Eugene may offer certain features and services for which registration is necessary. You can contact us for more information regarding registration.
Send or otherwise transmit to or through our Websites, or to us through email:
Access to certain areas of our Websites limited by a user identifier (“User ID”) and password, which are selected and/or supplied as part of registering for a service account with Eugene.
By registering, you warrant that:
Your User ID and password are unique to you, and you agree not to disclose or share your User ID and password with any third-party.
By logging onto our Websites using a password, you warrant that you are authorised to use the password and to access and use the account. You agree that you will be solely responsible for the maintenance and security of your User ID and password. You also agree that you will take sole responsibility for any activities conducted by you on or through our Websites.
Eugene reserves the right to deny or revoke access to our Websites, or any part thereof, at any time in our sole discretion, with or without cause.
To the extent permitted by law, we are not responsible for and you release us from all liability (including in negligence) in respect of any losses, damages, injury to property or person, and costs incurred or suffered directly or indirectly in connection with:
To the extent permitted by law, you agree to indemnify, defend and hold Eugene and its directors, officers, employees, agents and contractors harmless from and against any and all claims, damages, losses, injury to property or person and costs incurred or suffered directly or indirectly in connection with:
We do not make any warranties or representations regarding the quality or accuracy of the general information provided through the Websites. Eugene makes no representations or warranties that use of our Websites will be uninterrupted or error-free.
You are responsible for taking all necessary precautions to ensure that any content you obtain from our Websites is free of viruses.
We may provide links to or information from third party applications or websites through our Websites (“Third Party Information”) including about other companies, clinical trials and treatment. We do not endorse, and we are in no way responsible nor liable for the content of any Third Party Information. Further, we do not claim that any Third Party Information is accurate. You are responsible for assessing the relevance and accuracy of the Third Party Information. Linked third party applications or websites may have their own terms and conditions of use and privacy policies, and you should familiarise yourself with those terms and conditions and privacy policies when using such third party applications or websites.
You understand and acknowledge that you are responsible for your own medical care, treatment, and oversight. All content provided on our Websites, are for informational purposes only and are not intended to be a substitute for independent professional medical judgment, advice, diagnosis, or treatment. You understand and acknowledge that you should always seek the advice of your medical practitioner or another appropriately qualified healthcare provider with any questions or concerns you may have regarding your health.
You also understand and acknowledge that you should never disregard or delay seeking medical advice because of information featured on or transmitted through our Websites or any test results obtained through Eugene.
Unless expressly stated otherwise, Eugene is the sole owner of all the copyright, trade marks, trade names, patents and other intellectual property rights created, developed, subsisting or used in or in connection with the Websites, whether or not you contribute to such material.
Except to the extent permitted by the “Limited Licence” referred to in these Terms below, or as required under law, the Websites must not be accessed, used, republished, reproduced, copied, sold, modified, or otherwise exploited (in full or in part), without our express prior written consent.
We grant you a limited, revocable, and non-exclusive licence to access and use the Websites (“Limited Licence”) to access information regarding genetic testing, consultation by genetic counsellors, and to purchase testing kits. You must not access or use the Websites for any other purpose, including commercial purposes. The rights granted to you by the Limited Licence must not be transferred, assigned or sublicensed to any other person. Notwithstanding the remainder of this clause, we in our absolute discretion may refuse to allow you access to use the Websites or our services where we consider this is not safe or otherwise appropriate for your circumstances.
As a user of our Websites, you may be able to enter, upload or otherwise provide health information, images, and other information through the Websites (“User Data”).
You warrant, in respect of any User Data that you provide through the Websites, that you have the right to provide such User Data, and the provision or use of such User Data does not breach these Terms, applicable privacy laws or other applicable laws, or the intellectual property rights of any third party. Without limiting the remainder of this clause, you also warrant that where you enter, upload or otherwise provide health information, images or other information into or via the Websites, including in your role as a health practitioner if applicable, you will only do so where all necessary consents have been obtained and this is otherwise in accordance with applicable privacy laws.
You agree that you are solely responsible for all User Data that you provide through the Websites.
We do not endorse any User Data, nor do we claim that any User Data is accurate. We are in no way responsible nor liable for User Data.
We are not responsible for providing any supervision or monitoring of User Data available through the Websites. However, we reserve the right to restrict or remove access to any User Data at our absolute discretion, including but not limited to circumstances in which the User Data is in breach of these Terms.
We will handle your personal information in accordance with:
applicable privacy laws, including the Privacy Act 1988 (Cth) and the Australian Privacy Principles contained in that Act, and the Health Records Act 2001 (Vic) and the Health Privacy Principles contained in that Act; and
our Privacy Policy found here: https://eugenelabs.com/privacy/
You agree to us collecting and handling your personal information in accordance the applicable privacy laws and our Privacy Policy, and also for the purposes described in these Terms. Without limiting the remainder of this clause for the purposes of ensuring appropriate testing, genetic counselling, and your and ability to access our products and services and the functionality and services of the Websites, you agree that we may:
In respect of any person/s other than you whose personal information (including health information and images) you access or share using the Websites, you warrant that you have obtained all necessary consents to access or share this information under applicable privacy laws and this is otherwise in accordance with applicable privacy laws. You also agree to direct any such persons to our Privacy Policy found here.
Our Websites are controlled and operated by Eugene. Eugene makes no representation that materials in our Websites are appropriate or available for use in all locations worldwide. If you are accessing the Website from outside Australia, you are solely responsible for compliance with any local laws, if and to the extent local laws are applicable. Access to our Websites from jurisdictions where the contents of our Websites are illegal or penalised is prohibited.
If you are a non-Australian user, you acknowledge and agree that Eugene may collect and use your information and disclose it to other entities outside your resident jurisdiction. In addition, such information may be stored on servers located outside your resident jurisdiction. Australian law may not provide the degree of protection for information that is available in other countries. By providing us with your information, you acknowledge that you consent to the transfer of such information to Australia or other jurisdictions with different, and in some cases, lower levels of protection for your information. If you do not consent to such transfer, please do not use our Websites.
If any provision of these Terms is unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Eugene may restrict access or terminate your use of our Websites or any of our features or services at any time and without notice for contravention of these Terms. Upon any such termination, you must destroy all content obtained from our Websites and all copies thereof. The provisions of these Terms concerning website security, prohibited activities, intellectual property, user data, disclaimer, limitation of liability, indemnity and jurisdictional issues shall survive any such termination. You agree that if your use of our Websites is terminated or restricted pursuant to these Terms, you will not attempt to use our Websites under any name, real or assumed. Termination of your User ID or access to the Websites does not affect any accrued rights of either party.
These Terms are governed by the laws of the State of Victoria, Australia, and each party submits to the exclusive jurisdiction of the courts of the State of Victoria, Australia. You also agree to attempt to mediate any dispute.
If you have an enquiry about these Terms of Service, please contact us at: hello@eugenelabs.com
We will treat your enquiry or complaint confidentially. Our team will contact you within a reasonable time after you have made contact with us to discuss your enquiry or complaint and outline options regarding how it may be dealt with. We will aim to ensure that any complaint is resolved in a timely and appropriate manner.