Always consult a medical practitioner before making lifestyle changes.

While we believe anyone can shape their future, we also believe in regular medical check-ups and professional medical advice. Mygene provide information that you can use to live a healthier life, but your doctor may be able to provide additional information that will help you achieve the best results.

INFORMED CONSENT

Introduction

This Informed Consent reviews the benefits, risks and limitations of undergoing a genetic test provided through MyGene Pty Ltd (“MyGene”).

Throughout this Informed Consent, “you”, “your”, “me”, “my”, and “I” refer to the person whose information and sample is being provided for this Test. If you are a parent or guardian requesting a Test for a minor, “you” may also refer to “your child”, as contextually appropriate. By proceeding with the registration, you confirm and acknowledge that you have read, understood, and agree to this Informed Consent. You understand that the Service is voluntary and that you are not required to have the Service.

What we collect and how it is used

If you request a Service, you will be asked to provide your Personal Health Information (PHI). In order for the Service to perform as intended, you must provide accurate and correct information. If another person is submitting your PHI or related information on your behalf, by agreeing to this Informed Consent, you represent and warrant that such person is authorized to provide such information, and that all such information is accurate and correct.

You will also be asked to provide a DNA sample in accordance with our collection procedures. Your sample and PHI will be transferred to our laboratory. DNA will be extracted from the submitted sample and analyzed. Genetic data includes information about genes and regions relevant to the ordered MyGene Test. Reporting on genes and regions beyond those relevant to the ordered MyGene Test will not occur unless you consent to future products or services.

Benefits of the Services

Your personalized test results may give you further understanding of the genetic influence over (a) macro- and micronutrient needs, (b) response to power or endurance exercise and recovery speed and (c) other general health insights including but not limited to supplements, sleep and psychological wellness. Such insights may allow you to use your Genetic Information to explore personalised solutions to reach your personal performance and wellness goals. Genetics is only one part of the picture, and so the value comes from understanding your genetic profile so that you can make sustainable changes that support your own goals, lifestyle and environment.

Limitations of the Services

Analysis of results is based on currently available information in the medical literature and scientific databases, as well as laboratory informatics and algorithms that may be subject to change. New information may replace or add to the information that was used to analyze your results. Based on this new information and/or modifications to our laboratory informatics and algorithms, you understand and agree that we may amend or modify your MyGene insights, recommendations and personalized plans.

Please note that this test does not provide diagnosis, or treatment. The report and comments are for informational purposes only and should not be interpreted as specific professional medical advice. Please speak with your healthcare provider for further advice and before making any changes to your diet or lifestyle or before starting and stopping any treatment prescribed for you. This report is based solely on the sample and information provided to MyGene and does not take all factors related to your health into account. Therefore, MyGene employees shall have no liability to any person or entity with regards to claims, loss, or damage caused, or alleged to be caused, directly or indirectly, by the use of information contained herein.

Privacy and data security

Your privacy is important to us. We comply with the applicable Personal Data & Privacy Data Protection regulations including the EU General Data Protection Regulation (GDPR). By agreeing to this Informed Consent, you acknowledge that such laws and regulations regarding collection, use, processing, and storage of your Information shall govern our performance of the Service and handling of your sample and information.

Your data is encrypted to ensure confidentiality.  The genetic interpretations are kept in a separate datastore from the personal data. The personal identifying data and the clinical data are only recombined to generate the reports and this combined data is only visible to the authorised clinical team. All data is processed in accordance with our privacy statement and terms of service.

While we cannot guarantee that unauthorised access, disclosure, misuse or loss of Information will never occur, we implement and frequently review physical and technical safeguards that are designed to protect the confidentiality, integrity and availability of your Information and to prevent information security incidents. In the event of a security incident or data breach, we will follow internal procedures to investigate the matter as well as comply with all applicable regulatory requirements.

You are responsible for maintaining the confidentiality of your login credentials for your account and you are responsible for all the activities that happen under your password and account.

Consent

The sample being provided is mine and I am at least 18 years of age, or if consenting for someone else, I have the legal authority to consent for such person whose sample is being provided. If the sample being provided is from someone under the age of 18, I represent that I am the parent or legal guardian of the person being tested.

My sample will be analyzed for the genes and regions identified in the Service(s) selected. My genetic information, PHI, personal data and results may be stored and used by MyGene for regulatory compliance purposes. Additional analysis and reporting of genes and regions beyond those relevant to the ordered Test will not occur, unless I consent to future products or services.

My sample and all my related personal information will be transferred to MyGene for analysis, use, processing, and storage. MyGene will conduct testing, analysis and interpretation of my genetic information and provide me with personalized insights, recommendations and plans. In some cases, an additional DNA sample may be required if the volume or quality of the initial sample is not adequate.

MyGene will confidentially disclose the results of the test(s) I have requested to me and my authorised health and wellness providers. My reports and genetic data will be treated as my property and will never be disclosed or shared with third parties without my explicit consent.  I can formally request for my sample to be destroyed at any time by contacting MyGene.

I agree to the MyGene Terms of Use and Privacy Statement, which are available at www.mygene.com.au, or upon request.

I confirm that all information provided is true and accurate. I agree that I have the authority to provide this consent. I understand that if I wish to withdraw consent, I may do so by contacting MyGene.

Use of your information

Upon completion of a MyGene Test, you are requesting that your results be made available to you as and your specified healthcare provider specified in your account. By agreeing to this Informed Consent, you also agree that your genetic information, PHI, and results can be shared with any healthcare provider that you designate. You also agree that we may communicate with you about your collection kit, order, results, account details, and other Test logistics and procedures.

We store your genetic results and related data as required by applicable laws and regulations, and we may use this data to conduct subsequent testing or analysis in the event that you consent to any new product or service offering. We may analyze your deidentified results for evaluation, research and marketing purposes.

We will retain the DNA sample only for the maximum duration permitted under applicable law or regulation (“Retention Period”), after which point it will be destroyed.

GENERAL TERMS & CONDITIONS

These terms and conditions apply to the use of this Site, the MyGene mobile device application (“the App”), and the Online Personalized Health and Wellness Platform accessible via this Site and the App (“the Program”). The Site, App, Program and Online Content will be collectively referred to in these terms and conditions as “the Services”. In using the Services, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, please discontinue using the Services.

During your MyGene membership, subject to these Terms, MyGene grants you a limited, non-commercial, non-exclusive, non-transferable, revocable license to access the Services for your personal use, through a generally available web browser or through a mobile computing device (“Mobile Device”), to view information on those areas of the Services generally available to all users and those areas of the Services for which you have registered.

1. Definitions

“App” means that part of the Online Content delivered and made available via a mobile (eg smart phone) device, as contrasted to a laptop or personal computer device, and downloaded through a Participating App Store.

“Genetic Information” is information regarding your genotype (e.g. the As, Ts, Cs, and Gs in your genome), generated through processing of your DNA sample.

“MyGene” means MyGene Pty Ltd (including its subsidiaries and affiliates) with principal place of business at 283 Burke Rd, Glen Iris VIC 3146 Australia.

“Participating App Store” means the Apple App Store for iOS, the Google Play store for Android and any other mobile device application stores authorised by MyGene to distribute the App as a third party distributor.

“Personal Information” is information that can be used to identify you, either alone or in combination with other information. MyGene collects and stores the following types of Personal Information:

“Product Development” means research performed for the purpose of new product development and new product development activities performed by MyGene on anonymised user data. These activities may include, among other things, improving our Services and/or offering new products or services to you; performing quality control activities; conducting data analysis.

“Registration Information” is the information you provide about yourself when registering for and/or purchasing our Services (e.g. name, phone number, email, address, user ID and password, and payment information).

“Service” or “Services” means MyGene DNA test(s), products, mobile App, software, services, consultation and website as accessed from time to time by the user.

2. Acceptance of Terms

Your use of MyGene’s Services is subject to the terms of the legal agreement between you and MyGene set forth in these Terms of Use (“TOS”).  In order to use the Services, you must first agree to the TOS. You may not use the Services if you do not accept the TOS. You can accept the TOS by (1) clicking to accept or agree to the TOS, where this option is made available to you by MyGene for any Service; or by (2) actually using the Services. In this case, you acknowledge and agree that MyGene will treat your use of the Services as acceptance of the TOS from that point onwards.

3. Prerequisites

If you contribute or otherwise provide Genetic Information of your own, or of whom you have the legal authority to act on his or her behalf, you must be eighteen (18) years of age or older to agree to these TOS on behalf of yourself or those for whom you have the legal authority to agree to these TOS.

4. Description of the Services

MyGene analysis is performed at genetic laboratories adhering to international and local quality control standards. Analysis of results is based on currently available information in the medical literature and scientific databases, as well as laboratory informatics and algorithms that may be subject to change. New information may replace or add to the information that was used to analyse your results.

Please note that this test does not provide diagnosis, or treatment. The report and comments are for informational purposes only and should not be interpreted as professional medical advice.

Environmental and lifestyle factors also play a large role in health and wellness insights and recommendations. Please speak with your healthcare provider for further advice and before making any changes to your diet or lifestyle, before making decisions about medical conditions, or before starting and stopping any treatment prescribed for you.

 

MyGene’s analysis is based solely on the sample and information provided by you to MyGene and does not take all factors related to your health into account. Therefore, MyGene employees shall have no liability to any person or entity with regards to claims, loss, or damage caused, or alleged to be caused, directly or indirectly, by the use of information contained herein.

5. Risks and Considerations Regarding MyGene’s Services

Our laboratory may not be able to process your sample, and our laboratory process may result in errors. While our laboratory adheres to international quality standards, we may not be able to process your sample if your DNA sample does not contain a sufficient volume of DNA, you do not provide enough DNA sample, or the results from processing do not meet our standards for accuracy. If the initial processing fails for any of these reasons, we will reprocess the same sample at no charge to the user.

Genetic research is not comprehensive. Only a fraction of DNA variations are known to be related to health and wellness traits. The research community is rapidly learning more about genetics. In addition, many ethnic groups are not included in genetic studies. Because interpretations provided in our service rely on these published studies, some interpretations may not apply to you. Future scientific research may change the interpretation of your DNA. In the future, the scientific community may show previous research to be incomplete or inaccurate.

MyGene Services are for research, informational, and educational use only. We do not provide medical advice and/or diagnostic service. The Genetic Information provided by MyGene is for research, informational, and educational use only. If we provide to you on our website or App any recommendations that identify for you, based on your Genetic and Self-Reported Information and scientific literature or research, potentially actionable information, this information is intended for informational purposes only and for discussion with your healthcare provider.

6. User Representations

By accessing MyGene Services, you agree to, acknowledge, and represent as follows:

You give permission to MyGene, its contractors and assignees to perform DNA processing services on the DNA extracted from your DNA sample and you specifically request MyGene to disclose the results of analyses performed on your DNA to you and to others you specifically authorise.

You represent that you are eighteen (18) years of age or older if you are providing a DNA sample or accessing Genetic Information of yourself or in the capacity as parent or guardian of a child below 18 years of age.

You are guaranteeing that any sample you provide is your DNA; if you are agreeing to these TOS on behalf of a person for whom you have legal authorisation, you are confirming that the sample provided will be the sample of that person.

You understand that all your Personal Information will be securely stored in our databases and will be processed in accordance with our Privacy Statement.

7. Membership and Member Information

You may be prompted to register for access to the Services on this Site or the App and to submit certain information in order to fully utilise the Program provided. The Member Information may include, but is not limited to, your name, contact details and credit card details.

Upon becoming a member, you will create a login and password. You are responsible for maintaining the confidentiality and security of your login and password details. You are responsible for any and all activities on this Site or the App which occur under your login and password.

You are responsible for the content of all Member Information entered on this Site. All Member Information you enter must be accurate, complete and not misleading. You are responsible for maintaining and updating your Member Information.

8. MyGene Privacy Statement and Disclosure of Information

In order to use the Services, you must first acknowledge and agree to the Privacy Statement. You may not use the Services if you do not accept the Privacy Statement. You can acknowledge and agree to the full Privacy Statement, which is incorporated by reference into these Terms, by (1) clicking to accept or agree to our Privacy Statement, where this option is made available to you by MyGene for any Service; or by (2) actually using the Services.

Further, you acknowledge and agree that MyGene is free to preserve and disclose any and all Personal Information to law enforcement agencies or others if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process (such as a judicial proceeding, court order, or government inquiry).

9. Limited License

You acknowledge that all User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such User Content originated. This means that you, and not MyGene, are entirely responsible for all User Content that you upload, post, email, or otherwise transmit via the Service.

10. Indemnity

You agree to defend and hold us, and our subsidiaries, affiliates, officers, agents, contractors, partners, and employees harmless from any claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of User Content you submit, post to, or transmit through the Service; your use of the Service; your connection to the Service; your violation of the TOS; or your violation of any rights of another.

If you have submitted a DNA sample or otherwise provided your own Genetic Information, you will defend and hold harmless MyGene, its employees, contractors, successors, and assigns from any liability arising out of the use or disclosure of any information obtained from analyzing your DNA sample and/or analyzing your Genetic Information, which is disclosed to you consistent with our Privacy Statement or results from any third-party tools we provide.

11. Modifications to Service

We reserve the right at any time and from time to time to modify or discontinue, temporarily the Services (or any part thereof) with or without notice. You acknowledge and agree that (i) modifications may result in a delay in computations for some of the MyGene features or Services, and (ii) MyGene shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.

The Software that you use may from time to time automatically download and install updates from us. These updates are designed to improve, enhance, and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules, and completely new versions. You agree to receive such updates (and permit us to deliver these to you) as part of your use of the Services.

12. Disclaimer of Warranties

You expressly acknowledge and agree that: (1) Your use of the Services are at your sole risk. The Services are provided on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. (2) We make no warranty that (a) the Services will meet your requirements; (b) the Services will be uninterrupted, timely, unfailingly secure, or error-free; (c) the results that may be obtained from the use of the Services will be accurate or reliable; (d) the quality of any products, services, information, or other material purchased or obtained by you through the Services will meet your expectations and (e) any errors in the software will be corrected. (3) Any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and that you will be solely responsible for any damage to your smart phone or computer system or loss of data that results from the download of any such material. (4) No advice or information, whether oral or written, obtained by you from us or through or from the Services shall create any warranty not expressly stated in the TOS. (5) You should always use caution when giving out any personally identifying information about yourself or those for whom you have legal authority. We do not control or endorse any actions resulting from your participation in the Services and, therefore, we specifically disclaim any liability with regard to any actions resulting from your participation in the services.

13. Personal Injury Disclaimer

You expressly acknowledge and agree that: (1) MyGene does not warrant or represent that the online personalized insights and plans are free from human or mechanical error, technical inaccuracies or other typographical errors or defects. (2) the personalized plans provided may include material from third party authors or suppliers. (3) MyGene is not responsible for examining or evaluating the content or accuracy of the third party material and MyGene does not warrant and, to the fullest extent permitted by law, will not have any liability or responsibility for any third party material. (4) MyGene, its authors or its suppliers may make changes to the personalized plans at any time in their sole discretion without notice or liability.

14. Limitation of Liability

Within the limits allowed by applicable laws, you expressly acknowledge and agree that we shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the services; (b) any action you take based on the information you receive in through or from the services, (c) your failure to keep your password or account details secure and confidential, (d) the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the services; (e) unauthorised access to or alteration of your transmissions or data; (f) the improper authorisation for the services by someone claiming such authority; or (g) statements or conduct of any third party on the services.

15. Changes to the Terms of Use

MyGene may make changes to the TOS from time to time. When these changes are made, MyGene will make a new copy of the TOS available on its website and any new additional terms will be made available to you from within, or through, the affected Services.

You acknowledge and agree that if you use the Services after the date on which the TOS have changed, MyGene will treat your use as acceptance of the updated TOS.

16. Subscription Terms

You will pay the subscription fees, and other incurred costs, as set out in your agreement with MyGene.

Your subscription begins as soon as your initial payment is processed. Your subscription will automatically renew in accordance with your agreed billing period and without notice until you cancel. You authorize MyGene to store your payment method(s) and to automatically charge your payment method(s) every month until you cancel. MyGene will automatically charge you the then-current rate for your plan, plus applicable taxes, every billing period upon renewal until you cancel.

MyGene may change your plan’s rate during your billing period, and we will notify you of any rate change with the option to cancel.

If your chosen payment method fails, MyGene may suspend your subscription. You can manage your payment information anytime in your MyGene account.

Subscriptions are non-transferrable. You can cancel your subscription anytime via your MyGene account or by contacting MyGene customer support at help@mygene.com.au. Upon cancelation, your subscription fees are non-refundable and your service shall remain active until the end of the current billing period.

If your subscription is inactive you will retain limited access to your MyGene account.

Complimentary subscriptions (for MyGene team members and partners) will be reviewed periodically and may be subject to cancelation or suspension without notice.

17. Website Terms

Users acknowledge that their access to the Site may be monitored and tracked by MyGene by the use of cookies and/or retailer IDs. MyGene 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 MyGene in providing you with valued services. Any information provided by users or their browsers (including cookies) will be for the use of MyGene, the operator of this Site. MyGene will not disclose personal information about users or their browsing habits to any other third party, unless users give MyGene express permission to do so, or unless required to do so by law. MyGene 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.

MyGene 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 MyGene’s control, and shall hold MyGene harmless in respect of any claims arising thereof. MyGene does not warrant that users’ access to the Site will meet any particular performance criteria.

Links to external Sites from this Site are provided for convenience only and MyGene does not endorse or make any warranty with respect to such external Sites.

MyGene may choose to run promotions, discounts or offers with respect to the products available for sale on the MyGene.life site. MyGene reserves the right, at any time, to end promotions without notice, including where specific campaign dates had previously been listed.

MyGene may list products or services for sale on MyGene or make coupons available for exclusive use by third party partners. MyGene and their partners will ensure the exclusivity of these products to the best of their ability. Neither party shall be held responsible should the existence of these products be made aware to the general public, while both parties should work together to rectify and repair any associated damages.

18. Shipping Policy

MyGene uses Australia Post, TNT and Fedex ("Shipping Provider") for shipping. Your order will be delivered to your nominated address. If no one will be home during business hours, we suggest that you provide a work address, PO Box or locker bag for delivery, as our Shipping Provider may leave parcels unattended.

We work hard to ensure that your order is delivered as soon as possible with over 90 percent of orders picked, packed and dispatched within 24 to 48 hours of the order being placed.

Delivery times are reliant upon normal Shipping Provider working hours and vary depending on where you live. Please allow up to 7 days for delivery. Delivery times may be impacted by changes due to CODID19 restrictions.

It is important to note that orders can only be dispatched Monday to Friday.

19. Returns Policy

MyGene accepts returns in accordance with Australian Consumer Law. If you receive a product that is faulty, not fit for purpose, or otherwise, it can be returned in accordance with the Australian Consumer Law by contacting MyGene customer support at help@MyGene.life, together with proof of damage, a police report (in the case of theft or foul play) and proof of purchase. MyGene will then provide you with a replacement product.

MyGene is unable to accept returns or process refunds for tests purchased from a third party retailer or partner. Please take the matter up with the place of purchase in the first instance and contact MyGene customer support at help@mygene.com.au if you require any assistance.

Monthly subscription payments are non-refundable due to the nature of the service. All members will have a free period for them to decide if they wish to continue paying for the service once the free period ends. If you’re unsatisfied with the service provided please contact MyGene customer support at help@mygene.com.au to discuss further.

Unfortunately we’re unable to refund any costs incurred for shipping and freight.

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 MyGene test kit for sample recollection.

Please refer to our shipping policy for deliver times and details.

20. Promotions, Coupons & Offers

MyGene may choose to run promotions, discounts or offers with respect to the products available for sale on the MyGene.life site.

Unless otherwise stated, all times and dates listed in association with any promotion are intended to be Australian Eastern Standard Time (AEST).

Unless otherwise stated, all discounts are applied to the product(s) only and won’t impact any associated shipping charges.

MyGene reserves the right, at any time, to end promotions without notice, including where specific campaign dates had previously been listed.

MyGene may list products for sale on MyGene.com.au or make coupons available for exclusive use by third party partners. MyGene and their partners will ensure the exclusivity of these promotions to the best of their ability. Neither party shall be held responsible should the existence of these promotions be made aware to the general public, while both parties should work together to rectify and repair any associated damages.

21. Third Party Products

Third party products may be presented to MyGene members in relation to their genetic insights or genetic profiles.

Any suggested products are done so for illustrative purposes only and should be considered with respect to other similar products and your specific circumstances.

All products are reviewed and approved by members of the MyGene Scientific Team. Suggested products may be subject to availability.

As with all MyGene recommendations, please first consider if they’re right for you and consult a healthcare practitioner before making any changes to your health & wellness regime and/or lifestyle.

Please contact MyGene customer support at help@mygene.com.au if you come across any suggested products you believe to be incorrect or misleading.