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:

• You have read and understand these Terms;
• You agree to be bound by these Terms; and 
• If accessing, browsing or using our Websites, purchasing products or using our services on behalf of  an entity, you have full authority to bind your entity to all of these terms and conditions. 

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. 

Our Products and Services

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) 

• Fees for the genetic testing process are provided on the Websites, and may be revised from time to time. You acknowledge that your payment of fees for the testing process you have selected covers the test, test processing and analysis, postage and genetic counselling services 
• You acknowledge that you must return your test sample within 6 months of your payment of fees. A failure to return the test result within this period will result in forfeiture of the fees paid. Eugene will not process or analyse test samples received more than 6 months after the purchase and you will not be entitled to a refund.
• You agree that in providing your sample you must follow any directions communicated to you by Eugene and that a failure to comply with these directions may mean the test cannot be processed and analysed. 
• You acknowledge that we cannot process your test unless we have obtained your consent. 

Refund Policy

The refund policy applies to the following purchases ; tests or services purchased from Eugene Labs.

1. General

• We offer refunds and replacements in order with the Australian Consumer Law and on the terms and conditions set out in this Refund Policy 
• Any benefits set out in this policy may apply in addition to the consumers rights under the Australian Consumer Law 
• Before making this purchase, please read this Policy so you can understand your rights and what you can expect from us if you are not satisfied with your order.
  
  

2. Australian Consumer Law

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

• To cancel the purchase; and 
• To a refund for the price of goods; and 
• Compensation for any damage or loss (whether direct or consequential) that was, or reasonably ought to have been foreseen by us. 

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.

• The Australian Consumer Law provides a set of consumer guarantees that protect consumers when they buy products or services. 
• Under the Australian Consumer Law, we are required to adhere to certain consumer guarantees. If there is any inconsistency between this policy and the Australian Consumer Law, the provisions of the Australian Consumer Law will take precedence. 
• We are committed to upholding our obligations under the Australian Consumer Law and ensuring that our customers are protected by these guarantees.
• Further information about the Australian Consumer Lawand these Consumer Guarantees is available from the website of the Australian Competition and Consumer Commission. 
• If a product or service which you purchased from us has a major failure (as defined in the Australian Consumer Law) then you may be entitled to a replacement or refund. You may also be entitled for compensation for any reasonably foreseeable loss or damage resulting from that major failure. 
• If a product or service which you purchased from us has a failure which does not amount to a major failure (as defined by the Australian Consumer Law) then you may still be entitled to have the goods replaced.
  

3. Cancellation and Change of Mind Policy

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: 

• You notify us within 7 days of the purchase date 
•  In case of services, that the services have not already been performed
• One of the following conditions are satisfied: 
• The Product has not been used 
• The product has not been shipped to the Lab

4. Products Damaged During Delivery

In the event that the product you ordered has been damaged during delivery:

• Please contact us within 3 days of receipt 
• We will arrange to replace it with an equivalent product, or to refund it, provided that you have contacted us within 3 days from the date of receiving the product.

5. Exceptions

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:

• You misused the product in a way which caused the problem
• You knew or were made aware of the problem(s) in the product or service before you purchased it
• You asked for a service to be done in a certain manner, or you asked for alterations, to a product, against our advice, or you were unclear about what you wanted
• Any other exceptions that apply under the Australian Consumer Law

6. Shipping cost for Returns

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.

7. Response time

We aim to process any requests for returns or refunds (if applicable) within 5 business days of receipt. 

Websites

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.

In using our Websites, you agree not to:

Send or otherwise transmit to or through our Websites, or to us through email:

• any unlawful, harmful, harassing, defamatory, threatening, hateful or otherwise objectionable material of any kind; 
• any material that can cause harm or delay to our Websites or computers of any kind, misrepresent your identity or affiliation in any way;
• use our Websites to disclose or obtain another’s personal information, or collect information about users of our Websites;
• transmit or otherwise make available on our Websites any other person’s personal information or any  material protected by copyright, trademark, publicity, privacy or other proprietary rights without the express permission of such individual or the owner of such rights, respectively;
• gain unauthorised access to our Websites, or assist others to gain unauthorised access, or to disclose users’ names or personal information, or to gain or provide unauthorised access to other computers or websites connected or linked to our Websites;
•  launch or use any automated system, including without limitation, “robots”,  “spiders”, or “offline readers”;
• send or otherwise transmit to or through our Websites, or to us through email, chain letters, unsolicited messages, so-called “spamming” or “phishing” messages, or any other messages marketing or advertising goods and  services;
• transmit or otherwise make available any virus, worm, spyware or any other computer code, file or  program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment; violate any applicable laws, regulations or these Terms; or assist or permit any persons in engaging in any of the activities described above.

User IDs and Passwords

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: 

• you are at least 18 years of age;
• you are using your actual identity;
• you have provided only true, accurate, current and complete information about yourself during the registration process;
• you will maintain and promptly update the information that you provide to keep it true, accurate, current, and complete;
• you have obtained registration and will use our Websites only for the activities permitted by such registration; and
• if you are registering on behalf of another person (including a natural person and an organisation), you warrant that you have the authority and consent of that person to bind it or them to these Terms, and you warrant that you have each such person’s consent to share their personal information via the Websites for this purpose.

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.

You further agree not to:

• gain or attempt to gain unauthorised access to any parts of our Websites where access is restricted to registered users or to information contained in such sections of our Websites;
• obtain or attempt to obtain confidential, proprietary and/or personal information stored on our Websites;
• distribute passwords to unregistered or unauthorised users; or
• use our Websites or information accessible on our Websites for an unauthorised or unlawful purpose.

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.

Disclaimers

Limitation of liability

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:

•  the provision of any services by or any other conduct of health practitioners or other persons in respect of your health care who are external to the Eugene;
• any non-compliance by you with any instructions or directions provided by Eugene; and
• your use of the general information provided by the Websites. 

Indemnity

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: 

• your breach of any provision of these Terms; or 
• your activities in connection with our Websites, including information provided by you through the Website; or 
• any breach by you of any applicable law or the rights of a third party (including any third party intellectual property rights).

Website

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.

Medical Advice

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.

Intellectual Property

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.

User Data

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. 

Privacy

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:

• collect your personal information (including health information) via the Websites, and via your nominated general practitioner or other health practitioner/s (if any) where you have consented;
• allow that information be accessed and shared by internal Eugene staff;
• allow that information be accessed and used by our third party partner testing laboratories. The details and privacy policies of whom are available in Eugene’s Privacy Policy: here.

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.

International users

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.

General

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.

Termination

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.

Jurisdiction and disputes

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.

Contacting us 

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.