1.1 These terms and conditions, including these General Terms and the Specific Terms in the Annexures (together “the Terms”) apply to every client (client, you or your) who uses our information or purchases or uses products and/or services from iDNA Health Pty Ltd and its related entities, successors and assigns (iDNA, we, us, our).
1.2 iDNA products and services include the following categories (together referred to as “Services”):
|Consultations||An appointment with a General Practitioner or an allied health professional||Annexure 1|
|DNA Reports||The preparation of a personalised DNA Health Report||Annexure 2|
|DNA Testing||Use of a DNA test kit & the preparation of a DNA Genetic Data file||Annexure 3|
1.3 iDNA provides its products and services via our website www.idnahealth.com.au
(“Site”) or at our clinics depending on your requests and circumstances.
1.5 In using our Services, you warrant that you have had sufficient opportunity to access these Terms and contact us, and that you have read, accepted and will comply with our Terms and that you are 18 years or older. If you are under 18 years old, you must get your parent or legal guardian to read these terms and agree to them for you. If you (or your parent/guardian) do not agree to these Terms, you must stop using our Site and/or our Services.
2 Engagement For Services (Patient Direct)
2.1 iDNA will only be engaged to provide a product or service if:
(a) in the case of a Consultation, iDNA has sent you confirmation of your appointment with one of our practitioners;
(b) in the case of a DNA Report, iDNA has received a signed Authorisation Form from you;
(c) in the case of DNA Testing, iDNA has received a signed acceptance of its Quote from you.
2.2 Please read the Specific Terms for more details on how iDNA accepts engagements from you to provide Services.
3 Engagement For Services (Medical Practitioner)
3.1 If you are a medical practitioner or allied health professional ordering a Service on behalf of your own patient, you can engage our Services as a service offering to your own patients and:
(a) the terms of clause 2 above will apply where applicable;
(b) you will be iDNA’s client and solely responsible for payment of our fees and charges; and
(c) iDNA’s duties to maintain confidentiality and privacy over your patient’s information and genetic material will apply to them as if they were parties to the contract for Services.
3.2 Additionally, iDNA will only accept an engagement from you if:
(a) you have signed consents from your patients to engage iDNA for those Services; and
(b) if you are ordering a DNA Test from iDNA (see Annexure 3), you have obtained the genetic material from your patient consensually.
3.3 iDNA reserves the right to request copies of the signed consents and if a request is made, these must be supplied within 2 business days.
3.4 iDNA reserves the right to refuse or suspend a Service if you do not provide copies of these requests when requested.
4 Fees & Payment
4.1 Fees & Prices
(a) The setting of our fees and prices are set out in the Annexures based on the Service that you are ordering. If the Annexure does not prescribe how iDNA will set its fees and prices, then iDNA will inform you of our fees upon request.
(b) Once iDNA has set out its fees and prices, you are deemed to have engaged iDNA to provide those Services if you continue to engage us to provide the Services and you will be liable to pay the required fees, including any cancellation or failure to attend fees as set out in these Terms.
(c) iDNA’s payment terms are set out in the Annexures based on the Service that you are ordering. We will provide you with an invoice for fees charged by us for the Services.
(d) All prices for our Services are in Australian dollars unless stated otherwise. All prices are subject to change with notice. Except as otherwise provided in these Terms, prices for items in an order are fixed once your order has been confirmed.
(e) iDNA does not warrant that the fees for the Services can be claimed through Medicare or from your private health insurance. It is your own responsibility to process those claims yourself to seek reimbursement directly from Medicare or from your private health insurance provider.
(b) iDNA reserves the right to withhold the provision of Services until you have paid for the Services in full.
4.3 Interest On Late Payments
If you do not pay our invoice within 7 days of the due date for payment, iDNA will charge you interest on the outstanding amount at a rate of 12% per annum (compounded daily).
4.4 Refund Policy
If you request a refund for any Service, we request you write or email us a request for refund outlining the amount to be refunded and the reason why you are requesting a refund. iDNA will consider your request and will notify you of the outcome of your request within 30 days. Please note that we may refuse to give a refund for any of our Services if you simply change your mind, or, in the absence of our default, you do not like the outcome of your Genetic Data and resulting information contained in the DNA Report(s).
5.1 Selection of Services
(a) It is your responsibility to ensure that any Services meet your specific and individual requirements. Before engaging us to provide the Services, we recommend that you consider whether it is appropriate for your circumstances, carry out your own research and seek professional advice, including from your primary care physician, counsellor or other healthcare providers where necessary or desirable.
(b) When making your decision to order DNA Report, you should not assume that the information that we supply to you will be welcome or positive. Once we generate your DNA Report based on your Genetic Data and communicate the results to you, the knowledge is irrevocable. As such, by ordering the DNA Report you acknowledge this and agree that you cannot hold iDNA or its officers, employees or contractors responsible for any mental distress that you may experience by reason of that knowledge.
5.2 Advice Based On Health Information
During the course of providing Services to you, iDNA may give you personalised health advice based on your genetics, health goals, and health history. We recommend that you share your genetic based information and DNA Reports with your primary care physician or other relevant healthcare providers and discuss the recommendations. You are at all times solely responsible for any actions you take, or do not take, as consequence of the assertions or recommendation we make to you, and you will hold iDNA, its officers, employees, contractors and representatives, harmless against all losses, costs and expenses in this regard, subject to what is set out below.
5.3 No Guaranteed Health Outcomes
(a) iDNA does not make any guarantees or representations as to the outcomes (including, for example, cure of a particular disease or resolution of any condition) as a result of using a Service and/or following our advice or recommendations.
(b) Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
• to cancel your service contract with us; and
• to a refund for the unused portion, or to compensation for its reduced value.
You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
6 Limitation Of Liability
6.1 General Limitation
To the maximum extent permitted by law, in no event will iDNA be liable for any indirect, incidental, special, consequential or exemplary damages including but not limited to damages for loss of profits, use, goodwill, data or other intangible losses, cost of procurement of substitute goods or services, or any other special, indirect, or consequential damages (even if iDNA has been advised of the possibility of such damages) resulting from the Services or any other matter relating to the Services or these Terms.
You are liable for and agree to indemnify, defend and hold us harmless for and against any and all claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs, resulting directly or indirectly from: (i) any information that is not accurate, up to date or complete or is misleading or a misrepresentation; (ii) any breach of these Terms; (iii) and any misuse of the Services; (iv) or breach of other laws; from or by you, your employees, contractors or agents.
7 Dispute Resolution
You agree to cooperate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of our Services including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given us. The obligations under this clause will survive termination of these Terms.
8 iDNA’s Proprietary & Confidential Information
iDNA’s ability to provide the Services is based on the proprietary and confidential information, processes and techniques that it has developed in the field of genetic research.
You acknowledge that the information that iDNA produces in the course of providing you with the Services belongs to iDNA even if some of that information contains your personal information.
You agree that you will only use the Services and the information provided to you by iDNA for the purposes of your personal health care or, in the case of the medical practitioner, for the purposes of your patent’s health care.
You agree not to distribute, publish, duplicate, copy, create, sell or share portions or all of the Services, the use of the Services or access to the Services for any commercial purposes or for your own financial gain.
You understand that the Services may contain information deemed as confidential by iDNA and you agree not to disclose this information without iDNA’s permission and written consent (which may be withheld in its absolute discretion). We note, this limitation does not include sharing your genetic based information and DNA Reports with your primary care physician or other relevant healthcare providers, which we recommend that you do.
We reserve the right to amend in any way we see fit our Services and the Terms under which the Services are offered, including but not limited to the costs associated with the use our Services and our refund policy, without prior notice to you. You agree that by continuing to use our Services after the date of any amendment to the Terms you are agreeing to the relevant amendments.
You acknowledge and agree that we are excused from supplying our Services, and other obligations and will not be responsible for any delays where, and so long, as we are prevented from performing our obligations under these Terms by events or causes beyond our reasonable control. We will endeavour to notify you of any delay and its expected duration.
If any provision of these Terms is held by a competent authority to be invalid or unenforceable or otherwise becomes illegal, in whole or in part, the validity of the other provisions of these Terms and the remainder of the provisions in question shall not be affected.
9.4 No Waiver
Neither the failure by us nor your failure to enforce any part of these Terms constitutes a waiver of such Terms. Such failure will in no way affect the right to later enforce a part of these Terms.
9.5 Notices to you
We may notify you by email, a general notice on our website www.idnahealth.com.au or by another reliable method to an address or using contact information previously provided by you.
These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.
9.7 Restricting access
We reserve the right to restrict or terminate your access to any of our Services at any time without notice.
You acknowledge that we are able to send electronic mail to you and receive electronic mail from you. You release us from any claim you may have as a result of any unauthorised copying, recording, reading or interference with that document or information after transmission, for any delay or non-delivery of any document or information and for any damage caused to your system or any files by a transfer.
If and when applicable, Australian Goods and Services Tax (GST) is payable on our Services and will be set out on our invoices. By accepting these Terms you agree to pay us an amount equivalent to the GST imposed on these charges.
Your use of our Services and these Terms are governed by the laws of Western Australia. Any dispute arising out of your use of our Services shall be subject to the exclusive jurisdiction of the courts of that jurisdiction. Our Services may be accessed by clients throughout Australia and overseas. We make no representation that our Services comply with the laws (including intellectual property laws) of any country outside Australia. If you purchase or otherwise use our information or Services from outside Australia, you do so at your own risk and are responsible for complying with the laws of that jurisdiction.
For any questions about these Terms, please contact us at:
iDNA Health Pty Ltd
4/40 Cedric Street, STIRLING WA 6021
Email: [email protected]