Terms of Service

1. General

1.1 These Terms of Service (the Terms) apply to your use of our Services (the Services) and form a binding contractual agreement between you, the user of the Services, and us, Identilab Pty Ltd ACN 656 736 168 (Identilab). For that reason, these Terms are important and you should ensure that you read them carefully and contact us with any questions.

1.2 By Engaging us to provide the Services, you acknowledge that you have read and understand these Terms, and that you agree to be bound by them.

1.3 We reserve the right to not provide the Services to you or to cease providing the Services to you at any time, in our sole discretion.

1.4 We reserve the right at any time to modify or discontinue the Service without notice to you at any time.

1.5 We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

2. Definitions

Agreement means these terms and conditions of use and the documents referred to in it;

At Home Service means a DNA profiling and identification service, which is completed from a Kit, the bodily samples for which are taken in the Donor’s home;

Donor is the person from whom the sample is collected;

Engaging means with respect to a request for a Service, by placing an order online, by telephone, letter, electronic mail, completion of an order form, or any other method;

Kits means the collection kits we send to you on receipt of an Order;

Order means an order you make for the Services;

Order Price means the price you must pay us for the provision of the Services;

Privacy Policy means our Privacy Policy that forms part of these Terms, which can be viewed at https://www.identilab.com.au/privacy-policy/;

Report means the report of the outcome of the testing of the sample(s) returned in the Kit(s);

Sampler is the medical professional who takes the bodily samples from the Donor for legally admissible testing;

Sample/s means the DNA sample/s collected from the donor/s and submitted for testing;

Services means DNA profiling and identification services. This includes any Services or products that we may choose to offer in the future;

Site means www.identilab.com.au;

Terms means these Terms of Service, which terms and conditions apply to all Services provided by us to you;

User means any person or entity who uses the Services offered by us;

You means you, the User; and

Us, We, Our means Identilab Pty Ltd ACN 656 736 168.

3. Scope of services

3.1 We provide the Services subject to these Terms. You acknowledge and agree that you will undertake your own due diligence and seek appropriate professional advice prior to ordering any of the Services.

3.2 We undertake no obligation to update, amend or clarify the Services, including without limitation, pricing information, except as required by law.

3.3 Users agree to provide all the information and materials as may reasonably be required by us to deliver the Services in relation to transactions conducted on, or through, or as a result of the use of the Site. We have the right to suspend or terminate any User account if you fail to provide the information and materials as required by us to deliver the Services. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

3.4 We may refuse to process a transaction for any reason or refuse to provide the Services to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of such a refusal or by reason of the unwinding or suspension of any transaction after processing has commenced. A full refund will only be made where:

• we decide, in our sole discretion, not to provide the Services; and
• the Order is cancelled immediately after it is placed, prior to any Kits being sent.

No refund, full or partial, will be issued once a Kit has been sent following the placing of an Order.

3.5 We reserve the right to refuse to provide the Services if:

• we have reasonable grounds for believing that the biological samples were or will be obtained illegally; or
• the Report will be used for an illegal, improper, or unethical purpose; or
• there is a conflict of interest with an existing client of ours; or
• the quality of our Services might otherwise be compromised; or
• we have other reasonable grounds for doing so.

3.6 You acknowledge and agree that:

• the provision of the Services to you does not include any medical or legal advice;
• we will not (nor are we under any obligation to do so) investigate and/or disclose any anomalies that might show in any results or Report provided as part of the Services; and
• our Services are to merely conduct scientific DNA tests to determine parentage or kinship, nothing more.

3.7 Any costs associated with the legally admissible collection of bodily samples by a medical practitioner are not included in the fee for Services.

3.8 Once the laboratory receives the Sample/s back from you for testing, we reserve the right to require further testing to obtain the most accurate result, so delays in standard turnaround times may occur.

3.9 In the event that the Sample/s returned by you has not/have not been collected in accordance with the provided instructions, you agree that a recollection fee applies. For At Home Services, this fee for recollection is $50 per kit (for up to three people at the same address). For Services intended to be admissible as legal evidence, this fee is $75 per kit (for up to three people at the same address).

3.10 In the event that the Sample/s returned by you fail to generate a DNA profile due to insufficient DNA or is a contaminated sample, you agree that the recollection fee outlined above in clause 3.9 applies in addition to a re-testing fee. For At Home Services, this fee for re-testing is $75 per person. For Services intended to be admissible as legal evidence, this fee is $125 per person.

3.11 We will only issue a Report once the Service(s) has been paid in full. If agreed by us with you in advance, we may agree that you make payment for the Service in instalments in an amount that we advise, however, we will not release the Report until the final payment has been received by us in cleared funds.

3.12 You agree that issuing a hard copy report will incur a $20 fee per delivery address.

3.13 You (whether in your own personal capacity or as a parent or guardian) warrant to us that you have the legal capacity and full power to engage us to provide the Services and that you are not breaching any laws or Court orders or undertakings by engaging us to provide the Services.

3.14 You agree to provide a signed Consent for DNA Testing and Release of Results form for each Donor who provides a DNA sample for testing, and agree that Identilab may, in its sole discretion, refuse to provide a Report to you without first receiving a signed Consent for DNA Testing and Release of Results form.

3.15 You agree that all people tested will have the right to a copy of the report and that written reports will be sent by email to the person who ordered the test and all participants who are aged 18 years and over. You agree that if the guardian of a minor child/incapacitated adult has not contributed his/her own DNA sample for testing, but has signed the consent for the testing procedure to be carried out on that minor child/incapacitated adult, the guardian will also have the results disclosed to him/her. Reports for Child Safety Services will only be issued to the commissioning case manager, or their delegate. Results for Immigration testing will be issued to both the User and the Department of Home Affairs (with your written consent). Results for Adoption Support will be issued only to the Adoption Support Officer assisting the client (with your written consent).

3.16 In providing your email address, you agree that no data transfer over the internet using unencrypted email is 100% secure and comes with the risk that it could be read by someone other than the intended recipient.

3.17 You are responsible for ensuring the return of all required documents, including consent forms and statements (where applicable). Where documents are not returned duly completed, we will be unable to comply with our obligations under these Terms and we shall have no further liability to you until or unless the required documents are submitted.

3.18 It is your responsibility to ensure that all forms and documents are correctly completed and that all required data is written clearly and legibly.

3.19 We will destroy all samples received from you or derived from these samples two weeks from the date of transmission of the Report. Any associated results or other documentation may be kept indefinitely.

4. Payment methods

4.1 You agree to provide current, complete, and accurate purchase and account information for the purchase of all Services you make. You agree that there are sufficient funds or credit facilities to cover the cost of the Service, so that we can complete your transactions and contact you as needed.

4.2 Any purchases may be paid for using debit or credit card through third party merchant facilities. We are not responsible for or have any control over any third party merchant facilities. You acknowledge and agree that we will not be liable for any loss or damage arising out of your use of a third party payment gateway. Payment by cheque, money order, and direct deposit is also accepted, but Kits will not be sent to You until funds have cleared.

4.3 All prices shall be shown in AUD including GST.

4.4 You understand that your personal information (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

4.5 Prices for our products are subject to change without notice. The price for our Service to you will only be fixed (for a period of 14 days) when an application is completed and returned to us.

5. Delivery arrangements

5.1 Delivery costs are not included in the Order Price and are charged separately.

5.2 The amount charged for delivery costs for each Order will be at the sole discretion of Identilab and may vary according to the delivery methods available for that particular product.

5.3 Any delivery times quoted are in Business Days.

5.4 You acknowledge and agree that we are not responsible for any delays caused by the postal system or delivery issues. It is up to you to notify us in the event that the Kit is not received within a reasonable time.

6. Returns and refunds

6.1 If through no fault of yours, the sampling Kits delivered to you or to your Sampler by us are damaged on arrival or the sealed packs have been compromised, new Kits will be supplied by us free of charge. The defective Kits should be returned by you with the return carriage at your expense and clearly marked as faulty, for disposal by us.

6.2 You may cancel an order for a Service within seven (7) days of purchase if testing has not yet commenced in the laboratory, in which case a non-refundable administration fee of $75 applies for at-home tests or $150 for legal tests. Where Kits have been sent to overseas participants via courier, a non-refundable administration fee of $400 applies. The balance of the Order Price (that is the Order Price less the administration fee) will be refunded to you. No refunds are issued for postage.

6.3 The Kits must be used and sent to the laboratory for processing within six (6) months of delivery. If six (6) months have lapsed since the Kits were sent to you and samples have not been received by the laboratory, the Order will be cancelled, and no refund issued. A reactivation fee of $50 will be applicable if processing is to proceed after this time.

6.4 If six (6) months have lapsed since the Kits were sent to you and some samples have been received by the laboratory, but not all, these samples will be destroyed, the Order will be cancelled, and no refund issued. A reactivation fee of $50 will be applicable if processing is to proceed after this time, and a recollection fee will be payable to replace the samples that have been destroyed (see clause 3.10).

6.5 You accept and understand that no refund applies if you cancel the service more than seven (7) days after placing the order or if you cancel the service within seven (7) days of placing the order and testing has commenced in the laboratory.

7. Disclaimer

7.1 You expressly agree that your use of, or inability to use, the Services is at your sole risk. The Services and all products and services delivered to you through the Services are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties, or conditions of any kind, either express or implied.

7.2 Any dates quoted by us to you for the provision of the Services are approximate and do not have any contractual effect, and shall not be treated as being of the essence of the Contract. Stated turnaround times commence after ALL samples have been received by the laboratory.

7.3 The sample DNA derived from the donor’s sample or any data derived will not be released to any third party other than in accordance with our Privacy Policy.

7.4 We will make reasonable efforts to ensure that the result of the analysis of biological samples provided to us by you is correct but, as with any testing, there is a possibility of error or omission. No further representation, warranty, or undertaking is given or made in relation to the result of analysis. This does not affect your statutory rights as a consumer. In the unlikely event that the result of analysis is found to be in error, we shall perform a further analysis for you free of charge or return your payment at our sole discretion.

7.5 The information contained in the analysis is solely for your use.

7.6 We shall not be liable for any loss or damage whatsoever (whether direct or indirect) suffered by you or any other person as a result of the provision to you of a result of analysis.

7.7 We make no representation, express or implied, that the result of analysis is fit for any particular purpose. We will endeavour to give as much information about the Services we provide, and the fullest picture of what the results do and do not show. If you wish to use the result of our analysis in any Court proceedings, then we recommend that you obtain independent legal advice.

7.8 You warrant that you are legally entitled to possession of the samples you have provided to us. You agree to indemnify us against all costs, claims, expenses, and any loss or damage that we may suffer as a result of you providing us with samples that have not been legally obtained. We strongly recommend that you obtain independent legal advice about your legal entitlement to take or obtain samples of biological material from persons other than yourself. You warrant that you are not a person suffering from a mental disorder (within the meaning of the Mental Health Act 1983) and therefore incapable of understanding the nature and purpose of the test. We make no representation that you are legally entitled to perform any particular act in order to obtain biological samples for analysis.

7.9 We shall exercise all reasonable skill and care in the performance of the Service, but do not represent, guarantee, or warrant that any particular result (whether expressly specified by you or not) will be achieved or reproduced. Except in the case of death or personal injury our total liability to you whether for negligence, breach of contract, or otherwise shall in no circumstances exceed the charges payable by you for the Service.

8. Data protection

8.1 We shall maintain reasonable administrative, physical, and technical safeguards for protection of the security, confidentiality, and integrity of all your data (User Data).

8.2 Your submission of personal information is governed by our Privacy Policy.

8.3 By engaging us to provide the Services, you consent to us and some other entities collecting, using, and disclosing personal information about you.

9. Intellectual property

9.1 Nothing in these Terms constitutes a transfer of any Intellectual Property rights from us to you.

9.2 Unless otherwise indicated, we own and retain all proprietary rights to the Site, and all associated Intellectual Property rights. The site may also include content whose copyright belongs to third parties and which has been lawfully included in this site by agreement or specific licence.

9.3 Our Intellectual Property must not be used in connection with a product or service that is not affiliated with us or in any way brings us into disrepute.

10. Limitation of liability and indemnity

10.1 You expressly agree that, to the full extent allowed by law, our liability for breach of any term implied into these terms of trade by any law is excluded. To the fullest extent permissible by law, we are not liable for any direct, indirect, punitive, special, incidental, or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill, or other economic advantage) arising out of or in any way connected with the provision of or failure to provide the Services, even if we have been previously advised of the possibility of such damage.

10.2 Any recommendation, information, or assistance given by us in relation to the Services, is given in good faith and is believed to be accurate, appropriate, and reliable at the time it is given. It is provided without any warranty or accuracy, appropriateness or reliability. We do not accept any liability or responsibility for any loss or damage suffered as a result of your reliance on such recommendation, information, or assistance.

10.3 Any opinions, advice, statements, services, offers, or other information expressed or made available by third parties, are those of the respective author(s) or distributor(s) and not of us. We do not act as agent for any third parties. We do not endorse any third parties, and expressly disclaim any and all liability in connection with them and recommend that prior to entering into any agreement, Users must obtain their own independent advice. In no event shall we be liable for any claims by a third party pursuant to any consumer and competition law, such as the Competition and Consumer Act 2010. It is your sole responsibility to ensure the accuracy of the data inputted for the use of the Services. You acknowledge that any reliance upon any opinion, advice, statement, or information is at your own risk.

10.4 The Australian Consumer Law may give to you certain guarantees. Where liability for breach of any such guarantee can be limited, our liability (if any) arising from any breach of those guarantees is limited with respect to Services to the supply of Services again or the cost of re-supplying the Services again.

10.5 As a condition of your access to and use of the Services, you agree to indemnify us and our successors and assigns for all damages, costs, expenses, and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to:

• Your access to and use of the Services; and
• Your violation of these Terms and any applicable law or the rights of another person or party.

10.6 You shall indemnify us on an indemnity basis howsoever arising in respect of any claims made by third parties against us arising out of the provision of the Service to you. This includes, but is not limited to, any legal costs incurred by us in relation to meeting any claim or demand or any legal costs for which we are liable in connection with any such claim or demand. This indemnity clause remains in force after the termination of these Terms.

11. Release

You agree to release us from all claims, liability, and damages arising from or in any way connected to the claim or action you may have against us in relation to the provision of the Services. In the event that a claim or action is brought against us from your activities or use of the Services, including any breach by you of these Terms or any charges or complaints made by the other parties against you, you agree to pay, hold harmless and defend us in such claim or action.

12. Termination

12.1 You agree that we may, at any time and at our sole discretion, with or without cause or any notice to you, terminate these Terms or suspend or block your access to the Services.

12.2 We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.

12.3 If any applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Site or by sending a communication to any address (email or otherwise) that we have for you in our records.

13. Notice

13.1 By using the Services, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Site.

13.2 You acknowledge that all contracts, notices, information, and other communication we may provide electronically comply with any legal requirements that such documents are in writing.

13.3 Notice will be deemed received and properly served immediately when posted on the Site, 24 hours after an email is sent, or 3 days after the date of posting any letter. As proof of service, it is sufficient that:

• for letters, the letter was properly addressed, stamped, and placed in the post; and
• for emails, the email was sent to the specified email address.

14. No waiver

14.1 If we fail, at any time, to insist upon strict performance of your obligations under these Terms, or if we fail to exercise any of the rights and remedies we are entitled to under these Terms, this will not constitute a waiver of such rights or remedies and it will not relieve you from compliance with your obligations.

14.2 If we waive a default, it does not constitute a waiver of any subsequent defaults.

14.3 No waiver is effective unless it is expressly stated by us to be a waiver and is communicated to you in writing as per clause 13.

15. Force majeure

If circumstances beyond our control prevent or hinder the provision of the Services, we are free from any obligation to provide the Services while those circumstances continue and will not be liable for any failure or delay in providing the Services. We may, in our sole discretion, elect to terminate this agreement or keep the agreement on foot until such circumstances have ceased.

Circumstances beyond our control include, but are not limited to, strikes, lockouts, riots, natural disasters, pandemics, fire, war, acts of God, Government decrees, proclamations or orders, transport difficulties and failures or malfunctions of computers or other information technology systems.

16. Severability

If any Court decides that any of the provisions of these Terms are invalid, unlawful, or unenforceable to any extent, that term will, to that extent only, be severed from the remaining terms. The rest of these Terms will continue to be valid.

17. Updates to these terms

17.1 We reserve the right, in our sole discretion, to correct any errors or omissions in any part of the Services. We may restrict access to parts or the Services at any time without notice or liability.

17.2 Any material on the Services may be out of date at any given time and we are under no obligation to update such material.

17.3 We reserve the right, in our sole discretion, to change, modify, add, or remove any part of these Terms, in whole or in part, at any time. Notification of the changes to these Terms will be posted on the Site and will be effective immediately, unless expressed otherwise.

17.4 It is your sole responsibility to periodically check these Terms for any changes. If you do not agree with any of the changes to these Terms, it is your sole responsibility to not use or cease using the Services. Your continued use of the Services will be deemed as your acceptance of these Terms.

17.5 We may assign or sublicense any of our rights or obligations under these Terms at any time, without obtaining your consent. We may sub-contract the performance of the Services in whole or in part.

18. General

18.1 These Terms are governed by the laws of the State of Queensland.

18.2 These Terms and any written variations agreed to in writing by us represent the whole agreement between the parties relating to the subject matter of these Terms.

18.3 In entering into these Terms, you have not relied on any warranty, representation, or statement, whether oral or written, made by us or any of our employees or agents relating to or in connection with the subject matter of these Terms.

Last updated on: 4th July 2024