Terms of Service

TERMS OF SERVICE

GENERAL TERMS

Introduction

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).

Our products and services may include consultations with GPs and allied health professionals (Consultations), personalised DNA Health Reports (DNA Reports), provision of recommendations, advice, suggestions or proposed actions, both in general and specific to your personal information, and other associated products and services that we may provide online via our website www.idnahealth.com.au (Site) or at our clinics from time to time (together referred to as ‘Services’).

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.

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 of 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.

Fees and Payments

Fees: We will inform you of our fees upon request. By continuing to engage us to provide the Services, you agree to pay the required fees, including any cancellation or failure to attend fees as set out in these Terms. We will provide you with an invoice for fees charged by us for the Services.

Prices: 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.

Payments: 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.

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).

Disclaimer and Limitation of Liability

Services: 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.

Disclaimer: 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 made by iDNA before undertaking any such recommendations. You are at all times solely responsible for any actions you take or do not take, as a 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.

General: Except as set out in these Terms, to the fullest extent permitted by law, we exclude express or implied representations, conditions, warranties, guarantees, terms and similar, relating to these Terms, and any goods or services supplied by us. No Guarantee of Outcomes: We do not make any guarantees or representations as to results or outcomes (including, for example, cure of a particular disease or resolution of any condition) as a result of using our Services and/or following our advice or recommendations.

ACL: Certain provisions of the Australian Consumer Law (ACL) and other statutes, rules and regulations may imply certain non-excludable terms, warranties or conditions for consumers (Non-Excludable Conditions). To the extent such conditions cannot be excluded, they are included in these Terms. Where iDNA is permitted to limit its liability for a breach of a Non-Excludable Condition, iDNA’s liability will be limited (at its option) to (a) resupplying the Services to the client or (b) paying the client the cost of having the Services supplied to it or (c) refunding the amount paid to iDNA for the Services.

Limitation of liability: 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.

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.

Disputes

You agree to co-operate 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 the incorrect information you have given us. The obligations under this clause will survive termination of these Terms.

Intellectual Property Rights

Unless otherwise indicated, iDNA owns or licenses all rights, title and interest (including intellectual property rights) in our Site and the Services including without limitation, the DNA Reports. Your use of our Services, and your submission of personal information to us, including your genetic and health information, does not grant or transfer to you any rights, title or interest in relation to our Site or the Services whatsoever.

Confidential Information

Your use of the Services is for personal purposes only. 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 also 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.

General

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.

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.

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.

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.

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.

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.

Restricting Access: We reserve the right to restrict or terminate your access to any of our Services at any time without notice.

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.

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.

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.

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

Last update: September 2018

 

Annexure 1

Terms specific to Consultations

  1. Bookings: You can book a consultation with one of our practitioners by calling or emailing our clinic, booking via our website or booking in person while attending our clinic. Consultations are available in person at our clinics (see our Site for locations) or by phone or FaceTime, and any other means agreed by us and you.
  2. 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.
  3. Reminders: Once you have booked an appointment with us, you will receive SMS and email reminders at least 48 hours before your appointment. We provide these reminders as a courtesy. You are responsible for remembering scheduled appointments.
  4. 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.
  5. Questionnaires: After booking your initial consultation, our staff will email you a link to a comprehensive health questionnaire for your completion. We require this information in order to understand your health history and provide our Services to you. We require you to complete this Questionnaire prior to attending your first appointment. If you have any questions or concerns regarding the questionnaire, please contact us at reception@idnahealth.com.au
  6. Your obligations: We require you to:
    a. attend all scheduled appointments and be on time for your appointments;
    b. cancel your appointment in accordance with our cancellation policy, as set out above;
    c. pay the required fees in accordance with these Terms;
    d. be courteous and respectful to our practitioners and staff at all times;
    e. provide accurate and complete information about yourself and update that information as required;
    f. provide personal information to us as required to enable us to provide the Services to you (which we will collect, use and store according to our Privacy Policy);
    g. 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, cease providing Services to you.

Annexure 2

Terms specific to DNA Reports

  1. Ordering and paying for your DNA Reports
    a. You may order 1 or more DNA Reports from us. We will require you to sign an Authorisation Form and agree to and accept our Terms and Documents. If you do not agree, we cannot proceed with your order.
    b. Payment for the DNA reports will be processed at the time they are generated by us, unless agreed otherwise.
  2. Cancellation policy: If you provide us with written notice of cancellation of your order before we have generated your DNA Report(s), we will cancel your order and not charge you for the DNA Report(s). If we have already processed any of the DNA Report(s) for you, the full fee for the DNA Reports already generated will be payable and we will invoice you for payment and/or charge your credit card accordingly per our payment terms. Given the complex nature of the information contained in the DNA Reports, we will require you to attend a minimum 30-minute consultation with one of our practitioners, who will explain your results to you. If you fail to book a consult, we may choose not to release the DNA Report to you.
  3. Refund policy: Subject to our refund policy contained in our General Terms, and any applicable laws, including Consumer Laws, we do not offer refunds once a DNA Report has been generated, including if you are unhappy with the results or information contained in your DNA Report. If however, we generated the wrong DNA Report (i.e. the DNA Report does not match your order) or we generated the DNA Report without your authorisation, please notify us and follow our standard refund procedure set out in our General Terms and we will consider your request.
  4. Providing your raw genetic data to us
    a. 
    In order to prepare DNA Reports for you, and to otherwise provide our Services, we require access to your raw genetic data (Genetic Data).
    b. You can purchase your Genetic Data from third-party genetic profiling companies including without limitation, 23andme (Genetic Profiling Companies), upon submission of a DNA sample (usually saliva) in accordance with their terms and processes.
    c. 23andMe testing: If requested, we can collect your saliva sample during your consultation and send it to 23andme on your behalf. We will assist you to open an online account with 23andMe so that you can access your Genetic Data once it is provided by 23andMe. You agree to provide us with your login details (username, email, and password) so that we may access your Genetic Data for the purpose of analysing that 
    data and generating DNA Reports for you and otherwise providing our Services to you. Alternatively, you can email us a copy of your Genetic Data once provided by 23andMe.
    d. Acceptance of third-party terms and conditions: By agreeing to submit your DNA sample to Genetic Profiling Companies (including 23adnme) you may be required to agree to their terms and conditions, privacy policy and associated legal documentation, usually available on their website, or by request. Please note iDNA has no formal affiliation with these Genetic Profiling Companies, nor any control over their terms of service or other legal documentation or processes. We recommend you read such documents carefully prior to submitting your DNA sample and any other personal information, and if you do not agree to them, then you should not submit a DNA sample for processing or you should cancel your order.
    e. If you have already purchased or have access to your Genetic Data prior to your dealings with us, then you may send it to us via email so that we may provide the DNA Reports and other Services to you. Please note if you email your Genetic Data to us, you do so at your own risk.
    f. If you refuse or are otherwise unable to provide us with your Genetic Data, then we will be unable to provide the DNA Reports to you and it may limit our ability to provide other Services to you.
  5. Results of your DNA Reports and other important considerations
    a. 
    Once we generate your DNA Reports based upon your Genetic Data, and we communicate the results to you, the knowledge is irrevocable.
    b. You should not assume that any information we provide to you, whether now or as genetic-based research advances, will be welcome or positive. You may learn information about yourself that you do not anticipate. This information may evoke strong emotions and has the potential to alter your life and worldview. You may discover things about yourself that trouble you and that you may not have the ability to control. These outcomes could have social, legal, medical or economic implications.
    c. By the process of ordering your Genetic Data and/or your DNA reports, you are acknowledging the above and agree that you cannot hold iDNA or its officers, employees or contractors responsible for any of these consequences should they arise.
  6. Accuracy and completeness of information in the DNA Reports
    a. 
    Our DNA Reports are prepared by us with due care and skill and are based on your Genetic Data and current genetic research available at the time.
    b. Whilst we make reasonable efforts to ensure the accuracy of the information provided in the DNA Reports, we do not under any circumstances warrant that the information will be accurate, complete or inclusive of all available research.
    c. iDNA can only report on the information contained in a client’s Genetic Data, which is prepared and provided by Genetic Profiling Companies of which iDNA has no control over. As such, we cannot guarantee that this Genetic Data will be accurate, complete or inclusive of all relevant genetic information.
    d. iDNA reports to you information relevant to single nucleotide polymorphisms (snps) in your Genetic Data. This Genetic Data, and the snps tested, varies amongst Genetic Profiling Companies and even amongst versions from the same company. There may be relevant snps not included in your Genetic Data, or other relevant snps not researched by us, that have not been reported on.
    e. We note, that genetics is a relatively new and evolving area of science. Thus, future research may render information contained in a DNA Report to be incorrect, incomplete or redundant. iDNA will update its template reports accordingly as new research it deems relevant becomes available. If we become aware of changes in research that materially affect the results contained in one of your DNA Reports, we may at our discretion, contact you to discuss the updated results with you; however we are under no obligation to do so. We encourage you to stay in touch with our clinic and ask us if any updated reports are available.
    f. As research advances, in order for you to assess the meaning of your Genetic Data in the context of such advances, you may need to obtain further services from iDNA, purchase updated versions of your DNA Reports, or seek further services from your physician or other health care providers.
  7. Changes in rules and regulations regarding genetics
    a. 
    We note that rules, laws and regulations regarding genetic data are likely to change over time. As such, we cannot be held responsible for any legal, medical or insurance issues that may arise in the future in regard to you having your Genetic Data, or the information contained in the DNA Reports.
  8. Intellectual Property in DNA Reports
    a. 
    iDNA own all rights, title, and interest (including copyright and all other intellectual property rights) in the DNA Reports. You may only use the information contained in the DNA Reports for your own personal information and not for any commercial purpose or financial gain.
    b. Waiver of Property Rights. You acknowledge that by providing your DNA sample, having your Genetic Data analyzed, accessing your Genetic Data, or sharing self-reported information, you have NO RIGHTS WHATSOEVER IN THE DNA REPORTS OR ANY PRODUCTS OR SERVICES THAT MIGHT BE DEVELOPED BY iDNA OR ANY THIRD PARTY. You acknowledge that you will not receive any compensation for research or commercial products that result from your Genetic Data or self-reported information.
  9. No access to certain information: iDNA reports to you information relevant to snps in your Genetic Data. We take your snp data and report on the clinical relevance. We do not provide snp data or rs numbers in our DNA-based reports and do not release this information to you. Disclosing this information to you or any other third party, would potentially allow our competitors access to our research, and insight into our clinical application of data and could potentially cause irreparable harm to iDNA. By ordering DNA Reports from us, you acknowledge and agree that you will not be given access to this information at any time.
  10. Disclaimer and Limitation of liability: By purchasing the DNA Reports from us, you acknowledge and agree to the above and agree that you order and receive your DNA Reports entirely at your own risk. You agree not to hold us liable for any loss or damage you suffer or incur as a result of the information contained in your DNA Report, except to the extent such loss or damage is caused by our fraudulent misrepresentation or gross negligence.