Terms and Conditions
1.Terms and Conditions
1 ABOUT THESE TERMS AND CONDITIONS
1.1 By opening the Product and the subsequent delivery of the Product containing the Subject's specimen to Us, You agree to be bound by these terms and conditions.
1.2 If you do not agree to these terms and conditions, you should immediately return the Product to Us at your expense.
1.3 You also agree to bear the cost of any opened or used Product at cost of $50.00 (AUD) plus GST per unit of Product.
You should carefully read these terms and conditions before You use the Product.
For the purposes of these Terms and Conditions, unless the context otherwise indicates:
2.1 “Failed Sample” is a Sample which for any reason whatsoever does not enable Us to obtain the sufficient microbiome diversity profiling required to prepare a Report;
2.2 “GST” means goods and services tax or similar value added tax levied or imposed in Australia under A New Tax System (Goods and Services Tax) Act 1999 (Cth) or otherwise on a supply;
2.3 “Subject or You” means person providing stool sample ;
2.4 “Product” means stool collection kit and testing ;
2.5 “Report” means the microbiome diversity profiling report provided by Us to You based on the Product provided by You to Us;
2.6 “Request Form” means the request form properly completed by You and provided to Us together with the Sample;
2.7 “Sample” means the stool sample provided by You as collected in accordance with the directions set out in the instruction sheet contained in the Product;
2.8 “Terms and Conditions” means the terms and conditions for the use of the website set out in this document as amended from time to time;
2.9 “We”, “Us” and “Our” means Allele Pty Ltd of 12 Yarra, Links Way, Bentleigh East VIC 3165, and its employees, officers, agents and contractors; and
2.10 “You” and “Your” means the person/s using this website and/or their principal/s.
3 PRIVACY STATEMENT
3.1 We are committed to protecting Your privacy in accordance with Privacy Act 1988 (Cth) .
3.2 All Reports and any personal information are maintained under a strict policy of confidentiality as set out in clause 4 hereof.
3.3 All Reports are released from Us directly to You.
4 SUBJECT CONFIDENTIALITY
4.1 Personal information will not be disclosed to any person except as required by Our staff or agents in using the Product for the specific purpose of producing the Report.
4.2 When You purchase the Product, there is a set of terms and conditions which are designed to ensure that you receive the best possible service.
4.3 After the provision of the Report set out in Clause 5, the Subjects name will be De-identified.
5.1 The Report is intended for You only
5.2 You agree to indemnify Us from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with the Report whatsoever, including but not limited to any action taken by You.
6 QUALITY CONTROL
6.1 Any Sample which does not for any reason whatsoever provide Us with sufficient data to enable Us to prepare a Report will be deemed by Us to be a Failed Sample.
6.2 Subject to the nature of the Failed Sample We may request another Sample from the Subject
6.3 Notwithstanding anything We reserve the unfettered right to reject a Sample for any reason whatsoever in which case We will provide You with a full refund for the cost of the Product.
7 USE AND DISPOSAL OF THE SUBJECT'S SAMPLE
7.1 A Sample will be used solely for the purpose of producing the Report as requested by You.
7.2 Once We have completed the testing required to produce the Report We will destroy the Sample.
7.3 You acknowledge and agree that once You provide the Sample to Us it becomes Our property and You may not request the return of the Sample for any reason whatsoever.
8 PERFORMANCE OF SERVICE
8.1 In order for Us to perform the testing, You must provide Us with the Sample together with a properly completed Request Form which includes the Subject's acknowledgement.
8.2 Subject to clause 7.3 hereof, upon receipt of the Sample and accompanying properly completed Request Form We agree to perform the specified microbiome analysis testing service on that Sample as required by Us for the specific purpose of preparing the Report.
8.3 Any failure by You to provide the Sample together with the correctly completed Request Form will be considered by Us to be a Failed Sample and either returned to You or destroyed by Us at Our sole discretion.
9 SAMPLE COLLECTION
9.1 Each Product has a unique identifier. This unique identifier must be transcribed on to the Request Form and verified by the Subject
9.2 In addition, the Subject’s name and date of birth must be transcribed onto the side of the collection device.
9.3 We take no responsibility for the misuse of the Product or an inadequate Sample quality.
9.4 We will notify You if a Sample does not yield an adequate result as determined by Our quality control procedures.
9.5 Once the Sample has been collected and the Request Form completed, they should be forwarded to Us by post as instructed.
9.6 It is Your responsibility to ensure that the Product is used in accordance with the instructions contained both in the Product and on Our website www.allele.com.au and agree to bear the costs of any subsequent recollections that are required as a Result of a Failed Sample.
10 NO MEDICAL ADVICE OR GUARANTEES
By You accepting these terms and conditions you acknowledge and agree that:
10.1 This testing is non-medical and cannot diagnose disease and the information provided to You in the Report does not confirm or replace any medical diagnosis.
10.2 The information contained in the Report relating to the Sample will provide an assessment of the Subjects predisposition required for the testing provided by Us.
10.3 This is based on a particular gut diversity profiling and underlying statistical analyses as assessed by us.
10.4 This information is not a confirmation that the Subject will or will not develop a particular medical condition, nor does it provide any indication of the timing at which this may occur (if at all).
10.5 The information provided to You in the Report is not a diagnosis of disease, nor does it identify existing medical conditions.
10.6 We do not measure every possible microbiome variation. The Subject may have additional risk factors that are not measured by the testing. Negative findings do not imply that the Subject is risk free.
10.7 This testing does not provide evidence of food allergies and it does not test for specific food allergies.
10.8 Supplementary reports will not be issued if new information becomes available.
11.1 We warrant that We will use all due care and skill, and comply with all applicable laws and regulations when performing the microbiome testing service and all other warranties are excluded.
12 LIMIT OF LIABILITY
12.1 We are not liable to You for any loss or damage of any kind, arising out of the microbiome testing service, which is either directly or indirectly caused by or results from any reason whatsoever, including but not limited to:
(a) Contamination in any way of the Sample;
(b) Failure by You to comply with the specimen collection requirements;
(c) Failure by You to properly complete the Request Form as set out in clauses 10.1 and 10.2 herein;
(d) The failure by You to provide accurate information by way of negligent act or omission; or
12.2 Notwithstanding clause 13.1, Our liability, if any, under this Agreement for direct, indirect, special, incidental or consequential damages will not exceed the cost of the Product paid by You to Us.
13 GOVERNING LAW
13.1 This agreement is governed by the laws of Victoria, Australia.
13.2 If any part of this agreement is found to be invalid or unenforceable, it shall be severed to the extent possible without affecting the remainder.
13.3 This agreement and any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to this agreement and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. This agreement shall be binding to the benefit of the parties hereto and their successors and assigns.
14 VENUE AND JURISDICTION
14.1 The services offered by Us are intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.
14.2 Any claim may be adjudicated by a court of competent jurisdiction located in Victoria, Australia. The parties agree to submit personal jurisdiction to the courts located within Victoria, Australia, and you hereby waive all defences of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state of Victoria and the Federal Courts of Australia.