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Terms of Use

Welcome to the GeneType website. The aim of the GeneType website is to introduce you to the GeneType products owned by Genetic Technologies, and facilitate the ordering and processing of GeneType patient samples. Access to and use of the information presented on this website is subject to the following Terms of Use, as may be amended from time to time, without notice. The materials on this website are provided by Genetic Technologies as a service to its customers and the general public and shall be used for informational purposes only. By accessing this site and/or downloading information and/or other materials from this site, you agree to these terms. If you do not agree to these terms, then do not use this site or download any information and/or other materials from it.

These terms and condition are complemented by our privacy policy and also by our informed consent form.

Content

The content on the GeneType website is designed to provide a general overview of our products and facilitate the ordering of GeneType tests and processing through a telehealth service if requested. You may still choose to complete your appointments in person with your healthcare provider. The website may contain general information relating to various medical conditions and their treatment. Such information is provided for informational purposes and is not meant to be a substitute for advice provided by qualified healthcare professionals. You should consult a qualified healthcare provider if you have or suspect you have any health problems. Genetic Technologies reserves its right to alter, modify, substitute or delete any content of, or may restrict access to, or discontinue distribution of, this site at any time and at its sole discretion.

No Warranties

The information on this site is provided “as is” and Genetic Technologies makes no representations or warranties either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose or non infringement. Genetic Technologies makes no representations or warranties or any kind as to the completeness, accuracy, timeliness, availability, functionality and compliance with applicable laws, as it relates to the information contained in this website.

Disclaimed Liability

Neither Genetic Technologies nor any of its agents or affiliates shall be liable for any loss, damages or injury arising out of your access to, or inability to access, this site or from your reliance on any information provided herein. Genetic Technologies disclaims any and all liability for direct, indirect, incidental, consequential, punitive, and special or other damages, lost opportunities, lost profit or any other loss or damage of any kind. This limitation includes damages or any viruses, which may affect your computer equipment. In addition, we may not update our website on a regular basis. As such, the information and materials contained on our website may be out of date or include omissions or other errors. We may change the information provided on our website at any time without notice.

Third-Party Links to Other Websites

Any links to other Internet sites are provided as a convenience. Genetic Technologies has no responsibility or control over the content or operation of such sites, does not review such sites or their contents, and shall not be liable for any damages or injuries arising from that content or its operation. Inclusion of a third-party link does not imply an endorsement or recommendation by Genetic Technologies.

Neither Genetic Technologies nor any of its agents or affiliates shall be liable for the accuracy, content, copyright compliance, or availability of information found on third party sites that may link to the GeneType site or on third party sites to which GeneType site provides a link.

In addition, Genetic Technologies does not guarantee that use of this site will be free from technological difficulties including, but not limited to, unavailability of information, downtime, service disruptions, viruses or worms.

Account Information

You are responsible for maintaining the confidentiality of your password and registration and are fully responsible for all activities that occur under your password and registration. You must safeguard your account login information and not share it with anyone else. You are responsible for any actions taken on your account by yourself or someone else who has access to your account while logged in including credit card charges, clinical information modifications or access to your test report. You agree to immediately notify us of any unauthorised use of your password or account or any other breach of security. Genetic Technologies will not be responsible for any unauthorised use of your account login information any actions taken through such unauthorised use.

Order Acceptance Policy

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Genetic Technologies reserves the right at any time after receipt of your order to accept or decline your order for any reason. We may require additional verification or information before accepting any order. As your GeneType test is classified as a level 2 genetic test, your request must also be approved by your selected healthcare provider during the ordering process.

Payment Methods

The GeneType portal uses Stripe as payment gateway using credit card. No credit card information is retained by Genetic Technologies. By purchasing via the GeneType portal you are also accepting Stripes‘ terms of use.

Sample Collection Kit

Your GeneType test requires a sample collection kit which will be sent to you at no additional cost. Kits will be sent to the postal address supplied in the ordering process. Genetic Technologies is not liable to you for any failure to provide or delay in providing the collection kits or results if that failure or delay results from a cause beyond Genetic Technologies’ reasonable control (e.g. if you forget to post the collection kit back to the laboratory).

Electronic Communications

By placing an order online, you consent to receiving emails from us to complete the testing process. You consent to receive communications from us electronically including marketing communications.

Privacy & Security

Access to the site may be monitored and tracked by Genetic Technologies. Genetic Technologies does not sell, rent or give away user information. It is only used to assist Genetic Technologies in providing its services. Reasonable and appropriate efforts have been made to eliminate any privacy and confidentiality risks associated with the use of the GeneType website and any telehealth appointments. All existing privacy and confidentiality protections under federal and state law apply to information disclosed during any telehealth appointments. Your healthcare provider will receive health information which will include information you provide in the clinical information questionnaire, and the information you disclose in your appointment with them.

Intellectual Property and Use of Content

Genetic Technologies will enforce its intellectual property rights to the fullest extent permitted under law. The content of this website is the property of Genetic Technologies and is protected by copyright laws. The trademarks, service marks, trade names, logos and products displayed on this site are protected worldwide, and no use of any of these may be made without the prior written consent of Genetic Technologies. You are welcome to download the content of this website, however, only for your personal and non-commercial use. No modification or further reproduction of the contents is permitted. The entire content of this website, including images and text, may not be copied, distributed, downloaded, modified, reused, reported or used in any other manner without written consent of Genetic Technologies. Nothing contained in these terms shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark or copyright of Genetic Technologies. Any copy of this material or information you make must retain all copyright and other proprietary notices in the same form and manner as on the original. The use or misuse of these trademarks, copyrights or other materials, except as permitted herein, is expressly prohibited.

Governing Law

This website is managed by Genetic Technologies. Your access and use of this website and the contents hereof shall be governed by and interpreted in accordance with the laws of the state of Victoria. Genetic Technologies makes no representation that the information contained in this website is appropriate or available in other locations where the content and access thereto may be illegal. Any legal action or proceeding related to this website shall be brought exclusively in a federal or state court of competent jurisdiction situated in Melbourne, Australia.

Termination

Genetic Technologies reserves the right to limit, terminate or suspend access to your account without a refund if you breach or act inconsistently with the letter or spirit of these Terms without notice. In such a case, you will not be entitled to a refund of the purchase price of your GeneType kit. Further, you agree that Genetic Technologies shall not be liable to you or any third-party for any termination of your access to the Site.

 

Disclaimer

This Disclaimer applies to the activities of Genetic Technologies Limited (ABN 17 009 212 328) and its related entities (“Genetic Technologies”, “we”, “us” or “our”) in relation to your use of this website.

Application of the terms of this Disclaimer

This Disclaimer applies to your use of this website, including the use of the information and services offered on or through this website.  In using this website, you agree to be bound by terms of this Disclaimer. If you do not accept the terms of this Disclaimer, you must refrain from using this website.  This Disclaimer must be read in conjunction with any other applicable terms and conditions governing the use of this website.  This Disclaimer supersedes all prior agreements in relation to use of this website and we reserve the right to revise this Disclaimer from time to time without notice.  Any such changes will be posted on this website.  Your continued use of this website will constitute your acceptance of the variation of this Disclaimer.

These terms and conditions must be read in conjunction with the Privacy Statement.

Your use of this website

You agree that you must use this website in accordance with the terms of this Disclaimer and that you will not use this website for any unlawful purpose or to facilitate any such unlawful purpose.

You must not violate, attempt to violate, degrade the security systems of or “hack” this website.  “Hack” means gaining control of, denying access to or unauthorised access to this website (including using another member’s username and password), causing malicious damage or interference with this website’s operations and includes: mail bombing; propagating viruses, worms or other types of malicious code; deliberate attempts to overload a computer system; broadcast attacks or any other method designed to damage, degrade or interfere with the operation of a computer system or website.

Content and services available on this website

In compiling this website we have endeavoured to take reasonable steps to ensure the accuracy of the information at the time of publication.

We take no responsibility for any error or defect within the website or that all of the content provided on the website will be current, complete and accurate and we are not liable to you to the extent that the content on the website is not current, is incorrect or incomplete.

The information contained on this website serves as a guide only.  We shall not be liable for any accidents, injury, irregularity, loss or damage caused by or arising as a result of your reliance on information contained on this website.   Furthermore, the information on this website must not be relied on as a prospectus or a formal support to any capital raising activities and Genetic Technologies shall not be liable to you to the extent of any such reliance.

We reserve the right to add, modify or discontinue any of the services offered by us at any time without notice.  We will not be held liable for any decision to modify or discontinue a service.

Links to third party websites and content are provided for convenience only and are not under our direct control. We are not responsible for, and make no representations in relation to the content of a third party website nor can we guarantee or accept responsibility for their privacy practices.  Any links provided on this website to third party websites and content in no way indicates, whether expressly or impliedly, that we endorse that  third party website and content.

Website availability

We neither warrant nor represent that this website will be continuously available and you acknowledge that this website may experience down-time, either scheduled or unscheduled, from time to time.  We will endeavour to take reasonable steps to ensure that this website’s downtime is limited to a reasonable period of time.

We will not be held liable for any loss or damage suffered by you arising (whether directly or indirectly) from this website’s down-time.

Intellectual Property

Other than for your own individual use, reproduction (whether part or all) of the content on this website in any form is prohibited other than for individual use only, and the content of this website may not be copied or otherwise shared with any third parties.

Without limitation, you agree that you will not print, distribute, display, sell, publish, broadcast, circulate, disseminate or commercially exploit, in any form or by any method whatsoever, part or all of the contents of the website, or incorporate the website material, or any part of it, in any work or publication, whether in hard copy, electronic, or any other form.

Unless otherwise noted, all content on this website is protected as the copyright, trade dress, trademarks and/or other intellectual properties owned by Genetic Technologies or by other parties that have licensed their material to Genetic Technologies.

All rights not expressly granted are reserved.

Liability

To the extent permitted by law, Genetic Technologies excludes all liability for loss or damage suffered by you, (including but not limited to direct, indirect, incidental, special, consequential or exemplary damages, loss of profits or revenue, business interruption, loss of data or failure to realise anticipated savings or benefits or business opportunities) that you may suffer as a result of:

Genetic Technologies’ exclusion of liability applies whether the claim is in contract, tort (including without limitation, negligence) or equity and even if Genetic Technologies has been notified of the possibility of such loss or damage.

You agree that our liability to you at law (if any) will be reduced by the extent to which you contributed to the loss.  You acknowledge that you are obliged to take all reasonable steps to mitigate such loss.

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