TERMS AND CONDITIONS

 

INFORMED CONSENT

Fitgenes provides DNA-based, personalised health and wellbeing reports.

Before submitting your DNA sample for testing you agree and consent to the following:

I am 18 years of age or older, and any sample I provide is either my DNA, or the DNA of a person for whom I am a parent or legal guardian, or have obtained legal authorisation to provide their DNA to Fitgenes Australia Limited.
  • Fitgenes Australia Limited will extract my DNA from the sample (a cheek swab) provided to perform genetic testing. In some cases, an additional sample may be required if the volume or quality of the sample is not adequate.
  • Fitgenes Australia Limited will securely store my DNA sample indefinitely. I can formally request for my sample to be destroyed at any time.
  • Fitgenes will initially interpret and provide a personalised report only for the Fitgenes test(s) requested by me and/or my healthcare professional.
  • Data collected will be held by Fitgenes and will be known by those participating in providing my personalised intervention strategy.
  • Fitgenes Australia Limited will not reveal my identity or data to a 3rd party without my written consent.
  • I understand that if I provide consent, the data will be included anonymously (or de-identified) as part of research into “Nutrigenomics and Personalised Intervention Based in Genetic Profiling”.
  • In the future, when new genetic testing or reporting is available, Fitgenes may perform additional testing on my sample. Fitgenes Australia Limited may communicate with me about new genetic findings and offer me the opportunity for further testing and analysis. I will be able to opt out of receiving further genetic information at any time.
  • My reports and genetic data will be treated as my property and will never be disclosed or shared with third parties including my insurance company and employer.
  • Life insurance companies may request that I provide them with copies of any genetic test results known to me. Fitgenes Australia Limited focuses on lifestyle genetics and the majority of the genes analysed are unrelated to disease risk and should not have implications for life insurance. A small number of the genes analysed for health and wellness may be associated with disease risk. I understand that if I am concerned about this, I may want to consider my life insurance situation before having the Fitgenes test.
  • Fitgenes Australia Limited may analyse my deidentified results for evaluation, research and marketing purposes.
  • Fitgenes Australia Limited will make my results available to me on a secure online portal.
  • Fitgenes Australia Limited will only report on actionable genetic findings that have a high degree of scientific credibility which have been reviewed and signed off by the Fitgenes scientific team. Anything that falls out of this scope will not be reviewed or reported.
  • All data and any results generated are held confidentially within a secure data protection protocol.
  • My information and results will be kept in strict accordance with the Fitgenes Australia Limited Privacy Policy.
  • I have been offered the opportunity to ask questions and am aware I can contact Fitgenes on 1300 348 436.

TERMS OF USE

Thank you for visiting the mycarbchoice.com and Fitgenes.com web site (the “Site”). Fitgenes.com is a leading provider of genetic services in Australia: a retail store and information Site for genetic testing. Accessible 24 hours a day, 7 days a week, (notwithstanding downtime due to site maintenance) the mycarbchoice.com online store offers an easy and convenient method of purchasing the CarbChoice test kit online, along with related scientific information.

By using the Site you agree to be bound by the following terms and conditions. Please read them carefully. Your usage of the Site indicates your acceptance of these terms and conditions. Your placement of an order also indicates your acceptance of these terms and conditions.

INFORMATION DISCLAIMER

Information and statements are not intended to diagnose, treat, cure, or prevent any disease or condition.¬ No warranty is made that any information on or linked to this Site is complete and/or accurate. All information contained on the Site, including information relating to medical and health conditions, products and treatments, is for informational purposes only. It is often presented in summary or aggregate form.

The information contained in this Site is not intended nor is it implied to be a substitute for professional medical advice. Always seek the advice of your Pharmacist, General Practitioner, other medical practitioner or qualified health provider when starting any new medical treatment, continuing with medical treatment or with any questions you may have regarding yours or any other party’s medical condition. NOTHING CONTAINED IN THE SERVICE IS INTENDED TO BE OR SHOULD BE TAKEN FOR MEDICAL DIAGNOSIS OR TREATMENT.

Option to Exit

“Fitgenes includes an Option to Exit for CarbChoice purchases under promotional offers.  If you have purchased a CarbChoice kit online, have not received or opened the kit but have changed your mind, then a full or partial refund may be applicable.  Please email enquiries@fitgenes.com and if we have not yet shipped your kit to you then we will offer you a full refund.  If we have shipped the kit to you already we will offer you a refund less $9 shipping and handling – just ensure you email us in advance and return to sender in the same envelope, the refund will be processed once we receive the kit back unopened.  If you have used the kit then unfortunately no refund is available unless a refund is applicable under Australian law (e.g. if the product is faulty, of course we would refund or replace.).”

COPYRIGHT AND TRADEMARK NOTICE

This Site is owned and operated by Fitgenes Australia Limited. Unless otherwise specified, all material appearing on this Site, including the text, Site design, logos, graphics, icons and images, photographs, graphics, typefaces and other material (collectively “Content”) as well as the selection, assembly and arrangement thereof is subject to applicable copyright laws. Copyright ©Fitgenes Australia Limited, ALL RIGHTS RESERVED. All audio and video clips are the sole property of Fitgenes Australia Limited or their respective Content providers. All software used on the Site is the sole property of Fitgenes Australia Limited or those supplying the software. You acknowledge that the Site contains Content, audio and video clips and software that are protected by copyrights, trademarks, or other intellectual property rights, and that these rights are valid and maybe protected in all forms, media and technologies which exist now or are developed in the future. You may use the Content of this Site only for the purpose of shopping on this Site or placing an order on this Site and for no other purpose. No materials from this Site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without Fitgenes prior written permission. All rights not expressly granted herein are reserved. Any unauthorised use of the materials appearing on this Site may violate copyright, trade mark and other applicable laws and could result in criminal or civil penalties.

DISCLAIMER & LIMITATION OF LIABILITY FOR PRODUCTS SOLD

Except as expressly stated herein, Fitgenes Australia Limited makes no representations or warranties, either express or implied, of any kind with respect to products sold on the site. Except as expressly stated herein, Fitgenes Australia Limited expressly disclaims all warranties, express or implied, of any kind with respect to products sold on this site, including but not limited to merchantability and fitness for a particular purpose. You agree that the sole and exclusive maximum liability to Fitgenes Australia Limited arising from any product sold on the site shall be the price of the product ordered. In no event shall Fitgenes its directors, officers, employees and representatives be liable for special, indirect, consequential or punitive damages related to product sold.

DISCLAIMER FOR USE OF SITE

You expressly agree that use of the site is at your sole risk. in no event will Fitgenes, it’s directors, officers, employees and representatives, third-party content providers or the like warrant that the site will be uninterrupted or error-free. In addition Fitgenes, does not make any warranty as to the results that may be obtained from the use of the site, or use of the information, content, service, or products provided through the site.

Further, Fitgenes explicitly disclaims any responsibility for the accuracy, content, or availability of information found on sites that link to or from the site from third parties. We cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party sites, and you hereby irrevocably waive any claim against us with respect to such sites. In addition, Fitgenes does not guarantee that use of this site will be free from technological difficulties including, but not limited to, unavailability of information, downtime, service disruptions, viruses or worms.

Under no circumstances shall we or any other party involved in creating, producing, or distributing the site be liable for any direct, indirect, incidental, special, or consequential damages for loss of profits, good will, use, data or other intangible losses (even if we have been advised of the possibility of such damages) that result from (i) the use of or inability to use the site, (ii) the cost of procurement of substitute goods and services resulting from any data, information or services purchased or obtained or messages received or transactions entered into through or from the site; (iii) unauthorized access to or alteration of your registration information, transmissions or data; (iv) statements or conduct of any third party on the site; (v) negligent or wilful acts of Fitgenes, its directors, officers, employees and representatives or (vi) any other matter relating to the site.

You agree to indemnify and hold Fitgenes, and our related bodies corporate, directors, officers, employees and representatives harmless from any claim or demand, including reasonable legal fees, made by any you or any third party due to or arising out of the Content you submit, post to or transmit through the Site, your use of the Site, your connection to the Site, your violation of the Terms of Use, or your violation of any rights of another.

INTENDED FOR PERSONS 18 OR OLDER

The Site is intended for use by persons aged 18 or older. Users under the age of 18 should be assisted by a parent or guardian.

PORTAL REGISTRATION

YOUR ACCOUNT OBLIGATIONS

In consideration of your use of the Site, you agree to:

(a) Provide true, accurate, current and complete information about yourself as prompted by any forms featured on or off the Site (the “Activation”) and;

(b) Maintain and promptly update the Registration Information to keep it true, accurate, current and complete.

If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your registration and refuse any and all current and future use of the Site.

You are responsible for maintaining the confidentiality of your password and registration and are fully responsible for all activities that occur under your password and registration. You agree to immediately notify us of any unauthorised use of your password or account or any other breach of security. Fitgenes considers this Registration Information private. The information is kept on a secure server to protect it from outside parties. We use the information only for the limited purposes of processing your orders, for statistical purposes to improve our Site and services to you, to administer our Site, and to notify you of products or special offers that may be of interest to you.

 ORDER ACCEPTANCE POLICY

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Fitgenes reserves the right at any time after receipt of your order to accept or decline your order for any reason. Fitgenes reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verifications or information before accepting any order.

YOUR CONDUCT

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site. You agree not to access the Site by any means other than through the interface that is provided by us for use in accessing the Site.

OUR RIGHTS

Fitgenes may elect to electronically monitor areas of the Site and may disclose any Content, records, or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect our rights or property or the rights of the users, our directors, employees, representatives, sponsors, third party providers or licensors. We are not responsible for screening, policing, editing, or monitoring such Content.

Fitgenes Australia Limited may terminate your access, or suspend your access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, a third-party Provider, Merchant, Sponsor, Licensor, service provider, or us.

TYPOGRAPHICAL ERRORS

In the event a product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, Fitgenes shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Fitgenes shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your bank or credit card account charged. If your bank or credit card account has already been charged for the purchase and your order is cancelled Fitgenes shall immediately issue a credit to your credit card account in the amount of the incorrect price.

TERMINATION

These terms are effective even if this Agreement is terminated by either party. Subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Site with or without notice. You agree that any termination of your access to the Site may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your registration and all related information and files under your registration and bar any further access to such files or the Site. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Site.

 

GENERAL INFORMATION

These Terms of Use constitute the entire Agreement between Fitgenes Australia Limited and you and govern the use of the Site. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third-party Content or third-party software. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.

ELECTRONIC COMMUNICATIONS

By placing an order online, you consent to receiving emails from us to complete the ordering process, e.g. to confirm your order and to provide fulfillment and delivery updates.

You consent to receive communications from us electronically including marketing communications . We will communicate with you by email or by posting notices on this site.

SECURITY AND PRIVACY

Fitgenes takes seriously the privacy of those that visit our web site. We have established this Privacy Policy to communicate what information we collect and how that information is used and safeguarded.

By accessing this website (www.fitgenes.com), you acknowledge the terms and conditions expressed herein. We reserve the right to change this policy at our sole discretion and without notice.

Users acknowledge that their access to the Site may be monitored and tracked by Fitgenes by the use of cookies and/or retailer IDs. Fitgenes does not sell, rent or give away user information (including phone numbers and e-mail addresses). This information is highly respected and is only used to assist Fitgenes in providing you with valued services. Any information provided by users or their browsers (including cookies) will be for the use of Fitgenes Australia Limited, the operator of this Site. Fitgenes Australia Limited will not disclose personal information about users or their browsing habits to any other third party, unless users give Fitgenes express permission to do so, or unless required to do so by law. Fitgenes may disclose aggregated information about users in general and statistics related to this Site to others, but in doing so, will not disclose information about any particular individual. Notwithstanding the above, users acknowledge that transmissions to and from this Site may be monitored, intercepted or modified by other parties.

 WEBSITE AVAILABILITY

Fitgenes Australia Limited does not warrant that the Site will be available at any time. Users acknowledge that the Site may be unavailable for a number of reasons, including due to matters beyond Fitgenes Australia Limited control, and shall hold mycarbchoice.com harmless in respect of any claims arising there from. Fitgenes Australia Limited does not warrant that users’ access to the Site will meet any particular performance criteria.


RETURNS POLICY

Fitgenes Australia accepts returns in accordance with the Australian Consumer Law. If you receive a product that is faulty, not fit for purpose, or otherwise can be returned in accordance with the Australian Consumer Law please contact us at enquiries@fitgenes.com together with proof of damage and proof of purchase. Fitgenes Australia will provide you with a replacement product. In the event where a sample was not adequately collected, damaged upon arrival to the lab or forms were not filled in their entirety you will be resupplied with a new Fitgenes test kit for sample recollection.




Contact Us

Contact Fitgenes Australia Pty Ltd

PO Box 3120 Mentone East VIC 3194

1300 348 436

enquiries@fitgenes.com

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