Terms and Conditions

The following are our terms and conditions. Read more about our 100% risk free prenatal paternity test and order today. At just 10 weeks we can already provide a 99.9% accurate result.

1. DEFINITIONS:

1.1 The “Company” The Genetic Testing Laboratory Australia Pty Ltd Trading as homeDNAdirect Australia (ABN: 35 145 305 817).

1.2 The “Client” is a private client ordering the Company’s DNA profiling services, who neither enters into the Contract with the Company in the course of a business, trade, profession or public service etc, nor holds themselves out as doing so.

1.3 The “Testing Laboratory” is the laboratory operated by DNA Diagnostics Center (DDC).

1.4 The “Nominated Person” is the person named on the Submission Form to whom the test results will be given be given or posted unless otherwise advised in writing.

1.5 The “Sampler” is the person who takes the samples.

1.6 The “Service” is the non-invasive prenatal paternity test offered by the Company and performed by the Testing Laboratory.

1.7 The “Order for Services” is the placing of an order for the Company’s Services, whether the order is made in person, by telephone, letter, electronic mail or any other method.

1.8 The “Price” is the price as set out in the current price list for the Company’s Services.

1.9 The “Kits” are the collection kits provided to the Client.

1.10 All agreements on the part of the Client which comprise more than one person or entity shall be joint and several.

2. COMPANY’S RESPONSIBILITY:

2.1 We will make results available to the nominated person within the specified turnaround time commencing from the arrival of the samples at the Testing Laboratory.

2.2 Upon confirmation of the Order for Services the sample collection kit will be sent to the Client to the address provided at time of order. The kit will contain all the necessary items to complete the sample collection including blood collection tubes, instructions and the required submission forms.

2.3 If through no fault of the Client, the Kit sent to them or to their Sampler is damaged on arrival, a new one will be supplied by the Company free of charge.

2.4 The Company is not responsible for any delays in the arrival of the kit to the client due to the local postal or courier service.

2.5 The Company offers a Prenatal Paternity Test developed by the Testing Laboratory of which performance has been validated for single pregnancies only.

2.6 The report will be sent by email to the Nominated Person unless otherwise stipulated. If requested the Company will also send a hard copy of the results by mail for an additional fee.

2.7 The Company reserves the right to issue results to and/or to discuss results with all persons tested where the Nominated Person or other authorised person has failed without reasonable excuse to pass on the results to those tested.

2.8 The Company shall not be liable for any loss or damage suffered by the Client or any other person as a consequence of reporting the test results to the Nominated Person or other authorised persons, unless the Company has been negligent.

2.9 Any action taken by any parties concerned following the results are of no fault of the Company. The Company will not assume responsibility for any such actions.

2.10 Under the applicable data protection law, the Company will only obtain, use, process and disclose personal information about the Client in order that it may discharge its responsibilities in providing the Service contracted for, and for other related purposes including updating Client records, analysis for statutory returns, crime prevention and legal and regulatory compliance. The Client has a right to a copy of personal data held about them by the Company and such data can be obtained by them on payment of an administrative fee.

2.11 The Client accepts and understands that whilst the particular testing that the Testing Laboratory undertakes is highly accurate using specialised expertise, as with any testing there is a small possibility of inconclusive results. This is due to either insufficient fetal DNA being obtained, or situations in which it is not possible to determine paternity (see ‘exceptional cases’ under section 5).

2.12 The Client accepts and understands that the testing is being done by the Testing Laboratory and therefore the responsibility for the accurateness of the result lies with the Testing Laboratory. The Client therefore accepts that in the event of any potential error in the result issued by the Testing Laboratory, it will exempt the Company from any liability and will not seek remedy from it unless there has been any material negligence by the Company.

3. CLIENT’S RESPONSIBILITY:

3.1 The Client is responsible to ensure they are eligible to take the test and that they are on or past the 10th week of pregnancy. Pregnancy begins on the first day of your last menstrual period.

3.2 The Client is responsible to ensure that in the case where the alleged fathers are potentially relatives in that they are either members of a small tribe or minor ethnic group, then both alleged fathers are submitted for testing. The Client is also responsible to advise the Company accordingly.

3.3 The Client is responsible for collecting and returning the samples in the manner described in the sample collection instructions. Any incomplete or non-compliant samples will be subject to retesting fees (see point 4).

3.4 The Client is responsible for returning the blood samples as early as possible after collection, preferably the same day as the appointment and NO LATER than the day following the appointment for blood collection. The Client must liaise with the courier company to collect their samples and preferably in advance of the collection date to avoid possible delays. The Client must use the pre-paid pouch for the return of the samples.

3.5 The Client is responsible for ensuring the return of the required documents provided in the sample collection kit. Where these documents are not returned duly completed, the Company will be unable to comply with its obligations under these terms and conditions and in this event the Company shall have no further liability to the Client until or unless the documents are provided.

3.6 If as a result of a failure on the part of the Client (or Sampler) to return the required documents, the Company is obliged to cancel the Order for Services, then no refund will be given.

3.7 Should the client request an additional kit to a different address then a fee will be applicable (refer to Appendix 1 for charges).

3.8 The Client is responsible for ensuring that the Nominated Person is aware of the need for confidentiality and should disclose contents only to persons authorised by the Client.

3.9 The Client understands that any costs incurred for the collection of the blood samples is at their expense.

3.10 All samples that are sent in by the Client that have signed consent will be immediately processed by the laboratory upon receipt. In the event additional payment is required for samples sent, over and above the original order, this will have to be settled prior to the release of the results.

3.11 The Client should only enter into contract with the Company if they are willing to be bound by these terms and conditions.

4. RETESTING AND ADDITIONAL TESTING

4.1 Taking Test too early: In order to increase the chance of conclusive results, customers must take the test on or after the 10th week of pregnancy (8 weeks post-conception). This ensures that enough of the cell-free fetal DNA is present in the expecting mother’s circulatory system to accurately determine paternity. In the event that the client provides false information regarding their gestational age, the Client will not be eligible for a refund.

4.2 Insufficient DNA: Should the sample provide insufficient fetal DNA for reliable analysis, then no conclusion regarding paternity will be possible. In such cases a second blood draw and analysis later in the pregnancy is recommended. The Company will perform the second test free of charge except for administration and new kit fee (refer to Appendix 2 for charges).

4.3 Non-compliant sample: If, for any reason, samples reach us but do not meet our requirements, clients will be advised accordingly and will be offered the option of receiving a new kit for re-sampling. Any samples which are received: a) without paperwork b) without the required amount of blood c) with the wrong number of tubes; will not be tested. If re-sampling is required, the client will incur a shipping and administrative fee (refer to Appendix 2 for charges).

4.4 Once results are issued, the case will be closed. The company is unable to use results from a previous prenatal test for additional testing once results are issued. If clients require additional testing after results have been issued (for example, testing a second alleged father), we will need fresh samples from the mother and the father. In such cases, clients will need to purchase a new prenatal test at the price stipulated on the website.

5. RESULTS

5.1 Results in most cases are conclusive and will confirm if an alleged father is the biological father of the child or not.

5.2 The Client understands and accepts that in some exceptional cases the laboratory may be unable to determine paternity and obtain a conclusive result. This happens when the statistical value obtained for the tested alleged father is indeterminate regarding paternity, meaning he can be neither included not excluded as the biological father of the child. In these cases the Company will provide a refund to the Client for the laboratory testing less an administrative and shipping fee (refer to Appendix 2 for charges).

5.3 The Client understands and accepts that if the alleged fathers are related, or from the same small ethnic minority group, then failure to supply the sample of both fathers may lead to an incorrect result.

6. PAYMENT, CANCELLATION AND REFUND POLICY

6.1 The Company will not commence testing until full payment has been received for the test.

6.2 If a Client wishes to cancel the Order for Services, BEFORE the kit has been dispatched and WITHIN the statutory seven day cooling off period from the confirmation of the Order of Services, they can request in writing a full refund. If the Kit has already been dispatched then the Client must return the unopened kit and the unused courier pre-paid pouch to the UK Kent office and the Company will refund the client the amount paid less an administrative fee (refer to Appendix 2 for charges). If the client has opened the kit then the Company will refund the amount paid less an administrative fee (refer to Appendix 3 for charges).

6.3 Once samples have been received back at the laboratory, no refund will be given.

6.4 In the event of a miscarriage, the company will refund 50% of the total test cost. If the client has only paid the deposit for the test, then no refund will be given. The request for a refund must be put in writing, supported by a medical report. Such refunds can only be considered PRIOR to samples arriving at the laboratory.

6.5 Should the client be unable to find a clinic, nurse, or doctor to collect the required blood samples, no refund will be given after the seven day cooling period. Any exceptional cases that are not listed in our refund policy will be considered on an individual basis and at management’s discretion.

6.6 The Client has 8 weeks from date of order to return their samples to the laboratory. After this period the case folder will be automatically archived and a re-activation fee will apply (refer to Appendix 2 for charges).

7. TIME AND DELIVERY

Dates given by the Company for the reporting of results are for guidance only and are not of the essence of the contract, and the Company shall not be liable to the Client for any loss or damage directly or indirectly caused by a delay. Third parties may delay delivery of products or services. The Company shall not be liable for any delay in the delivery of the Services and time shall not be of the essence.

8. CUSTOMER COMPLAINTS

8.1 The Company aims to provide a high quality service at all times. If the Client is not satisfied with the service they have received they should put their complaint in writing to the Company.

8.2 The Company will endeavour to look into any complaint promptly and to explain the position to the Client. The Company will do its best to resolve any complaints or concerns; however any decision by management is final.

9. JURISDICTION

9.1 The contract between the Company and the Client, as evidenced by these terms and conditions, is subject to the Laws and courts of the Australia, and shall have exclusive jurisdiction in relation to any claim or dispute arising from the contract.

APPENDIX

1. Additional Kits – Different Address

Australia                     AUD$ 85.00
New Zealand               NZD$110.00
Other                          USD$ 100.00 (subject to location)

2. Administration and kit fee / Reactivation fee

Australia                     AUD$200.00
New Zealand               NZD$250.00
Other                          USD$ 200.00 (subject to location)

3. Administration and kit fee – opened kit

Australia                     AUD$200.00
New Zealand               NZD$250.00
Other                          USD$ 250.00 (subject to location)

Reg. Office: Suite 21, Highpoint Business Centre, 3374 Pacific Highway, Springwood, QLD, 4127 – Tel: 07 3911-1259

Testing Laboratory: DNA Diagnostics Centre (DDC),

One DDC Wayfield, OH 45039, USA.

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