Terms of service

Last updated: 22nd December, 2022

Please read these terms and conditions carefully before accessing, using or browsing our websites or any of our content. by accessing, browsing or using our websites or any of our content, you, on behalf of yourself or your entity, as applicable, acknowledge that:

1. You have read and understand all of these terms and conditions;
2. You agree to be bound by all of these terms and conditions;
3. These terms and conditions are the legal equivalent of a signed, written contract between you and Eugene labs; and
4. If accessing, browsing or using our websites or any of the content available on our websites on behalf of an entity, you have full authority to bind your entity to all of these terms and conditions. If you are not willing to be or cannot be bound by all of these terms and conditions, including without limitation the preceding agreement and acknowledgement, then do not access, browse or use our websites or any of the content available on our websites. Moreover, Eugene does not and will not grant you any right or license to access, browse or use our websites or the content available on our websites without your willingness and ability to be bound by all of the terms and conditions of this agreement.

Eugene Labs PTY LTD, including its subsidiaries (referred to collectively as “Eugene” “we” or “us”), maintains websites, including without limitation www.eugenelabs.com and the Eugene app (referred to as our “Websites”) as a service to the Internet community. Our Websites have 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 Compliant Patient Management Software.

Please read these Terms and Conditions of Use (these “Terms”) carefully before using our Websites. By using and or visiting our Websites, you signify your assent to both these Terms and the terms and conditions of the Eugene Privacy Policy, which is published and incorporated herein by reference. If you do not agree to these terms, do not use our Websites.

The information on our Websites is provided solely on an “AS IS” and “AS AVAILABLE” basis. Eugene is not engaged in rendering investment or medical advice via our Websites, nor do we provide instruction on the appropriate use of products produced, supplied or under development by Eugene, its affiliates, related companies or its licensors or joint venture partners. Access and use of our Websites are subject to the terms and conditions set forth herein and all applicable laws, statutes and/or regulations. Tests available can only be ordered by an authorised healthcare provider and or genetic counsellor.

Eugene may revise or modify these Terms from time to time. Such changes, revisions or modifications shall be effective immediately upon notice to you, which may be given by any means, including, without limitation, posting on our Websites. If you disagree with these Terms, your sole remedy is to discontinue your use of our Websites. Any use of our Websites by you after such notice shall be deemed to constitute acceptance of the changes.

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. Information about companies other than Eugene contained in news, press releases or otherwise that are posted on our Websites should not be relied upon as being provided or endorsed by Eugene.

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 obligated to register with Eugene in order 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 registering your institution.

We explicitly disclaim liability for any and all losses and damages arising from your failure to comply with this section.

In using our Websites, you agree not to:

• Send or otherwise transmit to or through our Websites or to us through email any unlawful, infringing, 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, and any unsolicited advertising, solicitation or promotional materials;
• 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 personal information of any individual 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 personally identifiable 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,” that access our Websites in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser;
• Send or otherwise transmit to or through our Websites or to us through email chain letters, unsolicited messages, so-called “spamming” or “phishing” messages, 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 or 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 the registering for a service account with Eugene.

By registering, you represent, warrant and covenant that:

1. You are at least 18 years of age;
2. You are using your actual identity;
3. You have provided only true, accurate, current and complete information about yourself during the registration process;
4. You will maintain and promptly update the information that you provide to keep it true, accurate, current and complete; and
5. You will have obtained registration and will use our Websites only for the activities permitted by such registration.

By logging onto our Websites using any password, you represent, warrant and covenant that you are authorised to use such password and to engage in the activities that you conduct thereunder. 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 be solely responsible for any activities conducted on or through our Websites. 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.

You further agree not to:

1. Gain or attempt to gain unauthorised access to any portions of our Websites where access is restricted to registered users or to information contained in such sections of our Websites;
2. Obtain or attempt to obtain confidential, proprietary and/or personal information stored on our Websites;
3. Distribute passwords to unregistered or unauthorised users; or
4. Make any unauthorised use of our Websites or information accessible on 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. If you wish to cancel a password, or if you become aware of any loss, theft or unauthorised use of a password, please notify Eugene immediately.

Disclaimers

All content on our websites is provided to you on an “as is” and “as available” basis without warranty of any kind either express or implied. to the fullest extent permissible pursuant to applicable law, Eugene disclaims all warranties, express or implied, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, accuracy and non-infringement.

Eugene makes no warranty as to the accuracy, completeness, currency or reliability of any content available through our Websites. You are responsible for verifying any information before relying on it. Use of our Websites and the content available on our Websites is at your sole risk. 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.

Disclaimer of Medical Advice: You understand and acknowledge that you are responsible for your own medical care, treatment, and oversight. All of the content provided on our Websites, including text, treatments, dosages, outcomes, charts, profiles, graphics, photographs, images, advice, messages, forum postings, are for informational purposes only and are not intended to be a substitute for independent professional medical judgment, advice, diagnosis, or treatment. Our content is not intended to establish a standard of care to be followed by a user of our Websites. You understand and acknowledge that you should always seek the advice of your physician or other 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 relating to treatment or standard of care because of information featured on or transmitted through our Websites.

Our Websites may contain information regarding research studies, clinical trials, and clinical treatments. This is informational only and does not constitute an endorsement of any kind by Eugene of the study, trial, or treatment. Eugene assumes no responsibility for informing users regarding any such studies, trials, and treatments and makes no guarantee as to the completeness or accuracy of such information. Eugene also assumes no responsibility for connecting any user with the provider of a research study, clinical trial or clinical treatment. Furthermore, Eugene assumes no responsibility for ensuring the qualification of a user or participation of any user in any such study, trial or treatment. It is the responsibility of each user to contact the relevant investigators and pursue participation in a study, trial or treatment.

Eugene shall not be held responsible for any action taken that is based on the information presented on our websites. Eugene expressly disclaims any liability, whether based in contract, tort, strict liability or otherwise, for any direct, indirect, incidental, consequential or special damages arising out of or in any way connected with access to or use of our websites, even if Eugene has been advised of the possibility of such damages, including but not limited to reliance by any party on any content obtained through the use of our websites, the inability to use our websites or any errors of omissions in the content of our websites.

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, costs (including without limitation reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from (i) your breach of any provision of these Terms; or (ii) your activities in connection with our Websites.

Refund policy

The Refund Policy (“Policy”) applies to the following purchases: 

• Tests or Services purchased from Eugene Labs

1. General

a. We offer refunds and replacements in order with the Australian Consumer Lawand on the terms and conditions set out in this Refund Policy 

b. Any benefits set out in this policy may apply in addition to the consumers rights under the Australian Consumer Law 

c. 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

a. Under theAustralian Consumer Law

i. 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

b. We offer refunds and replacements in accordance with theAustralian Consumer Law.

c. The Australian Consumer Law provides a set of consumer guarantees that protect consumers when they buy products or services. 

d. 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.

e. Further information about theAustralian Consumer Lawand these Consumer Guarantees is available from the website of theAustralian Competition and Consumer Commission. 

f. 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. 

g. If a product or service which you purchased from us has a failure which does not amount to a major failure (as defined by theAustralian Consumer Law) then you may still be entitled to have the goods replaced.

3. Cancellation and Change of Mind Policy

Intellectual Property

By submitting any communication or material to Eugene, you agree that:

1. if you are a healthcare professional you will not submit any information that would directly identify a patient or any information for which you do not have all necessary consents or authorisations to disclose;
2. you will only submit content that complies with applicable law and will not submit content that is abusive, defamatory, obscene, infringing, threatening, repetitive or otherwise inappropriate or that contains any viruses or other software that may adversely affect the operation of another’s computer;
3. such content will be deemed non-confidential; and
4. you grant to Eugene a perpetual, worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, publish, perform, transmit, distribute, prepare derivative works of and display such content via any media in accordance with the Eugene Privacy Policy, and waive any moral rights you may have in such content. Subject to the Eugene Privacy Policy, Eugene shall be free to use such content, including any ideas, concepts, know-how or techniques contained in such content, for any reason.

By submitting any information to the Eugene App, you acknowledge and agree that such submitted content (each submission individually, and all submissions, collectively, referred to herein as the “App Submission”) may be available for viewing by other registered users or to affiliates, service providers or other business partners of Eugene, AS DE-IDENTIFIABLE DATA ONLY, for research, statistical, study, and evaluation purposes. Notwithstanding the foregoing, however, Eugene makes no representation or guarantee that your profile or provider information will be reviewed. You grant to Eugene a perpetual, worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, modify, publish, perform, transmit, distribute, prepare derivative works of and display such de-Identified information via any media in accordance with the Eugene Privacy Policy, and waive any moral rights you may have in such de-Identified information (in whole or in part) worldwide, in accordance with the Eugene Privacy Policy.

It is the policy of Eugene to enforce its intellectual property rights to the fullest extent permitted by law. All product names, regardless of whether or not they appear in large print or with a trademark symbol, are the trademarks and service marks of Eugene, our affiliates, related companies or our licensors or joint venture partners, unless otherwise noted. All content of our Websites, including any images or text, is protected by the Australian and foreign copyright laws and may not be distributed, downloaded, modified, reused, reposted or otherwise used except that you may view, use and download a single copy of our Websites for your informational, non-commercial use. Except as provided herein, no part of any content or software on our Websites may be copied, downloaded or stored in a retrieval system for any other purpose, nor may it be redistributed for any purpose, without the express written permission of Eugene. The use or misuse of Eugene’s trademarks, service marks copyrights or other materials, except as permitted herein, is expressly prohibited and may be a violation of copyright law, trademark law, communications regulations and statutes and other laws, statutes and/or regulations.

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. You are solely responsible for compliance with 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 outside your resident jurisdiction 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, you may not use our Websites.

General

Eugene may terminate your use of our Websites or any of our features or services at any time and for any reason without notice for conduct violating 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, copyrights, trademarks, user submissions, disclaimer, limitation of liability, indemnity and jurisdictional issues shall survive any such termination. You agree that if your use of our Websites is terminated pursuant to these Terms, you will not attempt to use our Websites under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you indemnify and hold us harmless from any and all liability that we may incur therefore.

Eugene reserves the right to seek all remedies available at law and in equity for violations of these terms and conditions for using our Websites, including the right to block access from a particular Internet address to our Websites.

By choosing to visit our Websites or otherwise provide information to Eugene, you agree that any dispute over your use of our Websites or these Terms will be governed by the laws Australia. You also consent to the adjudication of any disputes arising in connection with our Websites in the federal and state courts of Victoria, Australia. You also agree to attempt to mediate any such dispute and to abide by all limitations of liability contained herein.

You agree that any cause of action you may have with respect to use of our Websites must be commenced within one (1) year after the claim or cause of action arises.

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.

Our Websites may contain forward-looking information. Such information is subject to a variety of significant uncertainties, including scientific, business, economic and financial factors, and therefore actual results may differ significantly from those presented.

Links to third-party websites or pages are provided for convenience only. We do not express any opinion on the content of any third-party pages and expressly disclaim liability for all third-party information and the use of it.

The Eugene Privacy Policy, as it may change from time to time, is a part of these terms and conditions for using our Websites and is incorporated herein by this reference. Eugene reserves the right, and you authorise Eugene, to the use and assignment of all information regarding your use of our Websites and all information provided by you in any manner consistent with the Eugene Privacy Policy.

Copyright Complaints

It is the sole responsibility of the user to secure all necessary rights and permissions before downloading, reproducing, modifying, distributing, or otherwise using user-submitted content. If a user or any other party feels that its work has been copied in a way that constitutes copyright infringement, that person should provide Eugene with the following information:

1. a physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online Website are covered by a single notification, a representative list of such works at that Website;
3. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
4. information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and
6. a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.

Users may contact Eugene for notice of claims of infringement on our Websites or if you have any questions about these Terms, please let us know by calling (03) 9015 4363, emailing legal@eugenelabs.com.