Terms of Service

GENERAL TERMS

1 Introduction

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”):

Category Description Specific Terms
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.

1.4 Please read these Terms carefully.  By using our Services, you agree to be bound by these Terms, as well as our Privacy Policy and our Website Terms of use (both available on our Site and upon request (“Documents”).  These Documents govern the legal relationship between you and us in connection with your use of our Services.

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.

4.2 Payments

(a) All fees must be paid on or before the day you receive our Services unless otherwise indicated on the invoice or agreed by us.  We accept payments via cash and EFTPOS.  We accept all credit cards other than American Express or other cards as advised to you from time to time.  With your permission and for your convenience, we may keep your credit card details on file to charge you for certain Services you request from us from time to time, including DNA Reports.  These details will be stored securely and in accordance with our Privacy Policy.

(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 Disclaimer

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.

6.2 Indemnity

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.

9 General

9.1 Modifications

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.

9.2 Delays

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.

9.3 Severance

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.

9.6 Termination

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.

9.8 Privacy

We agree to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth).  Our Privacy Policy sets out the manner in which we treat your personal information.

9.9 Email

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.

9.10 GST

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.

9.11 Jurisdiction

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: reception@idnahealth.com.au

Annexure 1

Specific Terms & Conditions For Consultations

1 Introduction

1.1 Consultation services involve a meeting with one of iDNA’s General Practitioners or allied health professionals where that consultant will provide advice and recommendations based on your genetics, health goals and health history.  This includes helping you decide on the DNA profiling that you engage iDNA to perform when preparing a DNA Report and providing advice and recommendations based on the results of your DNA Report.

1.2 Consultations will be conducted in person at the relevant iDNA clinic (see our Site for locations) or by phone or Zoom and/or any other means agreed by us and you.

1.3 The Consultation services provided by iDNA are not intended to replace your primary care physician and we recommend that you share your genetic based information, DNA reports and our recommendations with them and any other relevant health care provider.

2 Engagement For Consultation Services

2.1 You can make an inquiry for a booking for a Consultation:

(a) in person at the relevant iDNA clinic;

(b) by phone to the relevant iDNA clinic;

(c) by e-mailing the relevant iDNA clinic (see the Site for the relevant contact address);

(d) using the booking function in the Site.

2.2 A booking is not valid unless we confirm the booking with you in writing by automated text or email.  This confirmation will normally be done by e-mail and, if it is your first booking with us, will include a Comprehensive Health Questionnaire that you are required to complete before your appointment.

2.3 iDNA will send a reminder of your appointment by SMS and e-mail at least 48 hours before your appointment.  These reminders are provided as a courtesy only.  You are responsible for remembering your scheduled appointments.

3 Fees & Payment

3.1 Consultation Fees

We will inform you of our consultation fees upon request.  By continuing with your booking, you agree to pay the fees, including any cancellation or failure to attend fees as set out below.

You are required to pay our consultation fee in full immediately after your appointment.

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.

3.2 Cancellation or Failure to Attend

If you need to reschedule or cancel, we require a minimum of 24 hours’ notice.  This enables us to allocate the time to another client.  Cancellations made with less than 24 hrs notice, or failure to attend a scheduled appointment, will result in a charge of 50% of the consultation fee.  You will be invoiced for this amount.  We appreciate your consideration of our time and will express the same consideration for yours.

If you attend your appointment without bringing your completed Comprehensive Health Questionnaire, you will be deemed to have cancelled your appointment and you will be invoiced for a charge of 50% of the consultation fee.

4 Your Obligations

4.1 Before Appointment

You are required to complete your Comprehensive Health Questionnaire before your appointment and promptly supply us with any other personal information requested by us.  The personal information that you provide to us will be collected, used and stored according to our Privacy Policy (see our website www.idnahealth.com.au).

You must answer the Comprehensive Health Questionnaire and any other queries for information that we submit to you as completely as possible and ensure that your answers do not include any information which is incorrect or misleading.  iDNA cannot provide its Services if it is supplied with inaccurate or incomplete information.

If you are having difficulty in completing your Comprehensive Health Questionnaire, the onus is on you to cancel your appointment.  As noted above, iDNA requires a minimum of 24 hours’ notice for appointment cancellations. 

4.2 At Appointment

You are required to attend all scheduled appointments and be on time for your appointments and be courteous and respectful to our practitioners and staff at all times.

4.3 General Obligations

You are required to deal with us in good faith and in compliance with all applicable laws and these Terms and our Documents.

If you fail to comply with your obligations or these Terms or the Documents, we may at our discretion cancel your appointment and cease providing Services to you.

5 Patient Records

5.1 iDNA will keep and maintain patient records from your appointments with us.  These records, and the information within them, is and will remain the property of iDNA.  

5.2 Your patient record will be treated confidentially pursuant to the terms of our Privacy Policy.  iDNA will not release or disclose your patient record to any third party without your prior written approval except in the case when your information is used for research purposes where your personal information will be redacted so that you cannot be identified.

5.3 A full copy of iDNA’s Privacy Policy can be found at our website www.idnahealth.com.au.

5.4 You may, at any time, request access to and/or copies of the medical information in your patient record.  If iDNA provides you with copies of your patient records, you agree that you will these items are the confidential information of iDNA which you are only authorised to use for the sole purpose of obtaining healthcare services from you primary care physician or other relevant healthcare providers.

Annexure 2

Specific Terms & Conditions for DNA Reports

1 Introduction

1.1 iDNA’s DNA Report Service involves the profiling of your Genetic Data to identify the presence or absence of a particular single nucleotide polymorphism (snp). The DNA Report will only provide information on the genetic traits that you ask to be tested on.  It is not a generalised report to detect every genetic trait or abnormality in your Genetic Data.

1.2 iDNA will provide you with a list of the genetic traits which the DNA Report can identify.  It is your choice as to which genetic traits you seek to be tested on.  

1.3 The science and technology for the DNA Report is evolving and iDNA can only provide testing within the limits of its current technology.  iDNA cannot test for genetic traits which it is not currently able to test for.  As research advances, you may need to order further DNA Reports to assess the meaning of your Genetic Data in the context of such advances.

1.4 iDNA is not responsible for any loss or harm that you suffer if you are subsequently found to have a genetic defect which you could have sought to be tested on but did not choose to do so or which was not available at the time that your test was conducted.

1.5 iDNA cannot prepare a DNA Report for you unless you have already had a DNA test done to obtain your Genetic Data.  You can engage iDNA to perform a DNA test for your (see Annexure 3 for our DNA Testing services).  Otherwise, you will need to make your own arrangements to provide iDNA with your Genetic Data.

1.6 The DNA Report which iDNA provides are focus on health related issues.  iDNA does not provide services in the area of ancestry profiling or forensics.

2 Engagement for DNA Report Services

2.1 You may order one or more DNA Reports from us by submitting a signed Authorisation Form which identifies the specific genetic traits you wish to be tested for.  Each test constitutes its own DNA report even though we may publish the results from all of the tests in a single document.

2.2 You cannot order a test for a genetic trait which is not listed as an available option on the Authorisation Form.

2.3 Upon our receipt of your signed Authorisation Form, you will be deemed to have entered into a contract to engage iDNA to prepare those DNA Reports which you may only cancel if you provide us with written notice before we have generated your DNA Reports.  

2.4 If you cancel your order for the DNA Reports, any DNA Reports which we have generated up to the date that we receive notification of your cancellation will be charged in full even if you choose not to collect those DNA Reports from us.

3 Fees & Payment

3.1 Pricing

iDNA charges fees for each DNA Report that you order from us.  The price payable for the DNA Report will be set out on the Authorisation Form or, if not disclosed there, will be provided to you upon request.

3.2 Payment

You are required to pay iDNA for each DNA Report when the DNA Report is generated by us, unless agreed otherwise.  

3.3 Cancellation Policy

You may cancel your order for a DNA Report at any time before we have generated that DNA Report and we will not charge you for those cancelled DNA Reports.  

If we have already generated your DNA Report, then you will be charged the full fee for that DNA Report which we will invoice you for and which you must pay according to our payment terms.

Cancellations are dealt with on a per report basis.  If you have ordered multiple DNA Reports in the one order, you must specify which DNA Reports you wish to cancel.  If you give iDNA a blanket instruction to cancel all Reports in that order, only those DNA Reports which have not been generated will be subject to cancellation.  You will be invoiced for the DNA Reports which have been generated.

3.4 Refund Policy

iDNA’s general refund policy is set out in the main body of these Terms and Conditions.  You are also entitled to refunds under any rights that you have under an applicable law, including the Australian Consumer Law.

Additionally, you are entitled to a refund if we prepare the wrong DNA Report (i.e. the DNA Report does not test for the condition that you requested in your Authorisation Form).

Your eligibility for a refund is dealt with on a per report basis.  If you have ordered multiple DNA Reports in the one order, your eligibility to receive a refund for one DNA Report does not entitle you to a refund on any other DNA Report.

4 Handover of DNA Reports

4.1 Given the complex nature of the information contained in the DNA Reports, iDNA requires that you book and attend a minimum 30 minute consultation with one of iDNA’s practitioners (see Annexure 1 for our Consultation Services).

4.2 If you fail to book a Consultation, iDNA may choose not to release the DNA Reports to you.  iDNA reserves this right as a matter of patient care since the information in the DNA Report can be misconstrued and cause you unnecessary stress and anxiety.

4.3 The DNA Reports that iDNA prepares for you will only report whether the genetic trait that you have requested is present or absent from your Genetic Data.  You agree that iDNA is not required to provide you with any information about the processes that iDNA has used to process your Genetic Data or the “rs numbers” (being the scientific reference numbers which identify a single nucleotide polymorphism) which have been used to test for the specific genetic traits as these are all the confidential proprietary information of iDNA.

5 Intellectual Property Rights In DNA Reports

5.1 The copyright and intellectual property in the DNA Reports generated by iDNA belong to iDNA and shall remain the property of iDNA.  

5.2 iDNA will treat the information in the DNA Reports confidentially pursuant to the terms of our Privacy Policy.  iDNA will not release or disclose your DNA Report or the information in your DNA Report to any third party without your prior written approval except in the case when your information is used for research purposes where your personal information will be redacted so that you cannot be identified.

5.3 A full copy of iDNA’s Privacy Policy can be found at our website www.idnahealth.com.au.

5.4 You agree that any copies of the DNA Report which iDNA releases to you are the confidential information of iDNA which you are only authorised to use for the sole purpose of obtaining healthcare services from you primary care physician or other relevant healthcare providers.

5.5 You agree that any commercial gains or profits that iDNA realises from any research and development that iDNA conducts using your genetic material or your Genetic Data belong to iDNA.  You acknowledge that you will not be entitled to receive any compensation for iDNA’s use and commercial exploitation of your genetic material or your Genetic Data.

6 Disclaimer For Genetic Data Provided By Patient

6.1 If you do not engage iDNA to conduct a DNA Test to obtain your genetic data, then you must supply your own Genetic Data to submit for analysis for the DNA Report and you use that Genetic Data at your own risk.  

6.2 This means that:

(a) iDNA will be entitled to charge you its fee; and

(b) iDNA will not be liable to you for any loss, injury or damage that you suffer,

if iDNA is unable to produce a DNA Report or produces an incorrect result because of a defect in the Genetic Data or if the format of the Genetic Data is incompatible with iDNA’s processes.

7 General Disclaimer For Developments In Science

7.1 Genetics is a relatively new and evolving area of science.  Future research may render information in your DNA report to be incorrect, incomplete or redundant.  Therefore, iDNA’s only warrants that your DNA Report will be accurate based on the science that exists at the time that iDNA generates your DNA Report.

7.2 iDNA will update its template reports accordingly as new research it deems relevant becomes available.  However, iDNA’s Service does not include an obligation to keep you informed of changes in science that may materially affect the results in your DNA Report.  It is your own obligation to stay in touch with iDNA to inquire whether there are any updated reports available which might be relevant to you.

Annexure 3

Specific Terms & Conditions For DNA Testing

1 Introduction

1.1 iDNA’s DNA testing services involve the taking of a genetic sample from you (e.g. saliva) and using that sample in a DNA testing kit.  The DNA testing kit will then be processed in order to obtain your personalised Genetic Data.

1.2 The Genetic Data obtained from the DNA testing kit does not provide any specific information about your genetic conditions.  It is raw data that must be profiled against specific “rs numbers” (being the scientific reference numbers which identify a single nucleotide polymorphism) in order to identify your specific genetic traits.  The profiling of your Genetic Data to identify your specific genetic traits requires iDNA’s DNA Report Service. 

1.3 Except for the DNA Report Services offered by iDNA (see Annexure 2 for our DNA Report services), iDNA does not make any warranties or representations about how the Genetic Data obtained from your DNA Test can be used or whether the Genetic Data will be fit for that purpose.  For example, iDNA does not warrant whether the Genetic Data provided by iDNA will be suitable for use for ancestry profiling.  You may require different DNA test kits (which are not supplied by iDNA) for those purposes.

2 Engagement For DNA Testing Services

2.1 You may order a DNA Test from iDNA by submitting to iDNA a signed Authorisation Form and a sample of your genetic material.  The Authorisation Form must either be in hard copy or submitted as an electronic form through iDNA’s website or the iDNA software platform that iDNA makes available to you for this purpose.

2.2 If you order a DNA Test from iDNA, you must use the testing kit supplied to you by iDNA.  iDNA will not process any testing kit that is supplied by you or third party sources.

2.3 iDNA is not obliged to accept your order and reserves the right to refuse your order at its sole discretion.

2.4 If you are ordering a DNA Test for genetic material that is not your own, you warrant to iDNA that:

(a) you have the legal authority to obtain a sample of genetic material from that person;

(b) you have the legal authority to order a DNA Test on behalf of that person; and

(c) you have the legal authority to make medical and care decision for that person.

3 Fees & Payment

3.1 Pricing

iDNA will charge you a fee for the DNA Test which will be quoted to you at the time that you place your order.  Those quotes will remain valid for 21 days.  After that period, you will have to submit a new Authorisation Form and ask for a new quote.

3.2 Payment

iDNA will issue an invoice for its fee when you notify iDNA that you have accepted the quote.  You must pay this invoice before iDNA will submit your DNA Test for processing.

3.3 Cancellation

You cannot cancel your order for a DNA Test after your genetic material has been used in a DNA test kit.

If iDNA cancels your order after your genetic material has been used in a DNA test kit, then iDNA will refund your fee in full.

3.4 Refund Policy

iDNA’s general refund policy is set out in the main body of these Terms and Conditions.  You are also entitled to refunds under any rights that you have under an applicable law, including the Australian Consumer Law.

You will also be entitled to a have a further sample taken if your genetic material or your DNA test kit are lost during transport or processing.

4 Test Failure Due To Inadequate Sample Of Genetic Material

4.1 A DNA Test requires a minimum amount of genetic material.  There is a variance in the amount of genetic material contained in a swab sample which cannot be predicted by iDNA.  Therefore, iDNA is not liable and will be entitled to charge for its fee in full if the DNA test kit that you use cannot produce your Genetic Data because it does not have the requisite amount of genetic material.

5 Accidental Loss Genetic Material 

5.1 iDNA may conduct some or all of the processing of your DNA test kit off-site.  While iDNA will take every reasonable effort to ensure the safe handling of your DNA test kit, there is always a risk that some or all of your genetic material will be lost or damaged in transit and that your DNA test kit will not be viable for processing.  If that should occur, iDNA’s liability will be limited to providing you with the opportunity to have another genetic sample taken, at no additional cost, and resubmit this sample for testing.

5.2 There is a risk that some or all of the genetic material could be accidentally lost, damaged or contaminated during processing which would mean that your DNA test kit will not be capable of being processed to provide your Genetic Data.  If that should occur, iDNA’s liability will be limited to providing you with the opportunity to have another genetic sample taken, at no additional cost, and resubmit this sample for testing.

6 Intellectual Property Rights & Privacy Over DNA Data

6.1 iDNA acknowledges that the genetic sample that you provide in your DNA test kit is your property and shall remain your property at all times.  iDNA will only use your genetic sample for the sole purpose of processing your DNA test kit to obtain your Genetic Data.  iDNA will not release your genetic material to any other person or disclose to any person that iDNA has your genetic material in its possession except where it is necessary for the purpose of processing your DNA test kit.

6.2 The information comprising your Genetic Data (both electronic and hardcopy versions) are the property of iDNA and shall remain iDNA’s property at all times.  iDNA will use your Genetic Data at your direction for the purposes of conducting the DNA Report Services which you order from iDNA (see Annexure 2 for terms and conditions for iDNA’s DNA Report Services).

6.3 iDNA will treat the information in your Genetic Data confidentially pursuant to the terms of our Privacy Policy.  iDNA will not release or disclose your Genetic Data or the information in your Genetic Data to any third party without your prior written approval except in the case when your information is used for research purposes where your personal information will be redacted so that you cannot be identified.

6.4 A full copy of iDNA’s Privacy Policy can be found at our website www.idnahealth.com.au.

6.5 iDNA will not release the raw data file for your Genetic Data to you unless you make a written request to iDNA.  The decision to release your Genetic Data is at iDNA’s sole discretion and, because the data file is very large, iDNA reserves the right to charge you an additional fee to do so.

6.6 You agree that any copies of your Genetic Data which iDNA releases to you are the confidential information of iDNA which you are only authorised to use for the sole purpose of obtaining healthcare services from your primary care physician or other relevant healthcare providers.

6.7 You agree that any commercial gains or profits that iDNA realises from any research and development that iDNA conducts using your genetic material or your Genetic Data belong to iDNA.  You acknowledge that you will not be entitled to receive any compensation for iDNA’s use and commercial exploitation of your genetic material or your Genetic Data.

7 Limitation of Liability

7.1 Genetics is a relatively new and evolving are of science.  As such, iDNA cannot give a 100% warranty of the accuracy and completeness of the Genetic Data obtained from your DNA test kit.

7.2 If iDNA has subcontracted the task of processing your DNA test kit to a third party contractor, then iDNA’s liability to compensate you for any loss or damage that you suffer by reason of any defect or inaccuracy in your Genetic Data is limited to the rights and remedies that iDNA is able to procure from that third party contractor.