Terms and conditions
Terms and conditions
What to know before buying
Informed Consent
1. Introduction
This Informed Consent sets out the benefits, risks and limitations of undergoing a genetic test, and analysis of the results thereof (collectively “Test”) provided through myDNA Life Australia Pty Ltd ACN 125 639 394 (“myDNA”, “we”).
In this Informed Consent, “you”, “your”, “refer to the person whose information and DNA sample is being provided for the purpose of taking a 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 registering for a Test, you confirm and acknowledge that you have read, understood, and agree to the terms of this Informed Consent. You understand that the Test is entirely voluntary.
2. What we collect and how it is used
If you request a Test you will be asked to provide your identification details (ID). In order for the Test to perform as intended, you must provide accurate and correct information (including personal information). If a person other than you is submitting your ID or related information on your behalf, by agreeing to this Informed Consent, you represent and warrant that such person is authorised to provide such information to us, and that all such information is accurate and correct.
You will be asked to provide a DNA sample in accordance with the collection procedures of the laboratory operated by (i) an Australian entity related to myDNA Life Pty Ltd or (ii) our US laboratory, Gene by Gene Ltd, located in Texas, USA (“DNA Laboratory”). Once collected from you, your DNA sample and ID will be transferred to the DNA Laboratory. DNA will be extracted from the submitted sample and then analysed.
Genetic data includes information about genes and regions relevant to the ordered Test. We will not test and report on genes and regions beyond those relevant to the Test you have ordered, unless you consent in future to additional tests. Test results will be securely and confidentially transferred to myDNA by the DNA Laboratory.
3. Benefits of the Test and related services
If you are having a personalised medication Test ordered by yourself or your health professional, these results may give you insights to help you and your health professional select the medication(s) and dose(s) that are best suited for your genetic makeup. These Test results will be sent directly to your nominated health professional (which in addition may be required by law in many countries). Your health professional can explain what these results mean to you.
If you are having a personalised wellness test, the results may give you further understanding of (a) your own nutrient needs; (b) your response exercise, and sports injury risk, and (c) other general health and wellness insights and information including but not limited to in relation to supplements, sleep, caffeine and skin. Such insights may allow you to use your genetic information to explore personalised solutions to reach your fitness, nutritional 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. The personalised wellness Test results will be sent to you directly.
If you are having a clinical exome screening test, the results may give you insights into certain genes that are associated with hereditary conditions such as cancer, cardiac disease, and neurological disorders. These Test results will be sent to your nominated health professional. Your health professional can explain what these results mean to you.
4. Limitations of the Services
The interpretation of Tests and results is based on currently available information obtained from medical literature and scientific databases, as well as informatics and algorithms, each of which may be subject to change. New information may replace or add to the information that was used to analyse your Tests and provide results. Based on this new information and/or modifications to our laboratory informatics and algorithms, you understand and agree that we may (but are not obliged to) amend or modify your myDNA insights, recommendations and personalised plans.
In providing the Test and results myDNA does not provide a diagnosis, or recommend a treatment. The Test report and any associated comments are for informational purposes only and should not be interpreted as the provision of specific professional medical advice. You must consult with your healthcare provider for further advice and before making any changes to your diet or lifestyle or before starting and stopping any treatment that has been prescribed for you. Our report, following your Test, is based solely on the DNA sample and information provided to myDNA and does not take all factors related to your health into account. Therefore, to the extent permissible at law, myDNA and its 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 any outcome of a Test, a Test report or any recommendations or information provided in connection therewith.
5. Privacy and data security
Your privacy is important to us. We comply with all applicable privacy legislation and all laws and regulations having a bearing on the provision of our services to you regarding the collection, use, processing, and storage of personal information (including health information).
Your genetic data and any reports generated will be treated as your property and will not be disclosed or shared with third parties without your explicit consent.
While we cannot guarantee that unauthorised access, disclosure, misuse or loss of information can never occur, we implement and frequently review physical and technical safeguards that are designed to protect the confidentiality, integrity and availability of your personal 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.
6. Use of your personal information
By requesting a Test, you acknowledge that your results will be made available to you in accordance with the details as specified in your account. By providing this Informed Consent, you also agree that we can share your genetic information and results with any healthcare provider that you designate. You also agree that we may communicate with you about your collection kit, your 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 analyse your deidentified results for evaluation, research and marketing purposes.
7. Consent
You confirm that the sample being provided is yours, that you are at least 18 years of age, or if you are consenting for someone else, you 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, you represent that you are the parent or legal guardian of the person whose sample is to be tested.
You acknowledge that your sample will be analysed for the genes and regions identified in the Test and service(s) that you have selected. You acknowledge that your genetic information, personal information and results may be stored, used and disclosed by myDNA, and the DNA Laboratory for regulatory compliance purposes. Additional analysis and reporting of genes and regions beyond those relevant to the ordered Test will not occur, unless you consent to future products or services, being provided by us in the future.
You agree and acknowledge that your sample and all your related personal information will be transferred to the DNA Laboratory for analysis, use, processing, and storage. Thereafter myDNA will conduct testing, analysis and interpretation of your genetic information and provide you with personalised insights, recommendations and plans. You acknowledge that in some cases, an additional DNA sample may be required of you if the volume or quality of the initial sample is not adequate.
myDNA will confidentially disclose the results of the Test(s) you have requested to you and /or your authorised health and wellness providers. Your reports and genetic data will be treated as your property and will not be disclosed or shared with third parties without your explicit consent. You can formally request for your sample to be destroyed at any time by contacting myDNA.
You agree to the myDNA Terms of Use and Privacy Policy which are available at www.mydna.life, or upon request.
You confirm that all information you provide to us will be true and accurate. You warrant that you have the authority to provide this consent. You understand that if you wish to withdraw consent (with prospective effect), you may do so by contacting myDNA.
8. DNA sample retention
Subject to any legislative change requiring any different treatment, all DNA samples will be stored at our DNA Laboratory. A DNA sample shall be kept by us unless or until circumstances require us to destroy the DNA sample or if the sample is no longer suitable for testing purposes, You can request destruction of your DNA sample(s) at any time by contacting us using the contact details below. We may store the DNA samples for a period of ten years for additional genetic testing, always subject to obtaining your explicit approval in advance for such additional testing.
Your genetic data will be treated as your property and will not be disclosed or shared with third parties without your explicit consent.
You understand that legal requirements regarding the collection, handling, storage and retention of DNA samples may change at any time. We may update the myDNA Terms of Use and/or Privacy Policy from time to time on www.mydna.life. Upon a written request we may send you such changed terms by email or other method we mutually agree. You agree and acknowledge that the legal and regulatory framework relating to DNA samples is complex and that if you wish to know more you should consult your own legal counsel.
These terms and conditions form a binding agreement between myDNA Life Australia Pty Ltd ACN 125 639 394 (“myDNA”, “we”) and you and apply to the Services, including the use of the Site, the App, and the Web Portal as defined below. In using the Services, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must not use the Services.
1. Definitions
“App” means the mobile application accessed and downloaded through a Participating App Store, and unless the context requires otherwise includes any content made available or accessible therethrough.
“DNA Laboratory” means a specialised DNA laboratory that is operated by My DNA Life Australia Pty Ltd, an Australian entity or Gene by Gene Ltd, located in Texas, USA; both are related entities to myDNA Life Pty Ltd.
“Genetic Information” means information regarding your genotype (e.g., the As, Ts, Cs, and Gs in your genome), generated through processing of your DNA sample pursuant to a Test.
“Participating App Store” means the Apple App Store for iOS, the Google Play store for Android and any other mobile device application store that may be authorised by myDNA to distribute the App, as a third-party distributor.
“Personal Information” has the same meaning as in the Privacy Act 1988 (Cth) and is information that can be used to identify an individual, either alone or in combination with other information.
“Services” means each aspect of the service offering provided by myDNA, including the conduct of Tests (and services and goods provided in relation to obtaining and dealing with DNA samples), the operation of and provision of access to the Site, the App, the provision of any reports and information (including personalised health and wellness information) and any other products or related goods and services.
“Site” means myDNA’s website at www.mydna.life and unless the context requires otherwise includes any content made available or accessible therethrough.
“Test” means a genetic test (and unless the context requires otherwise, includes any associated reporting) provided by myDNA hereunder.
“Web Portal” means the myDNA online portal accessed through a web browser, and unless the context requires otherwise includes any content, features, or services made available or accessible therethrough.
2. Acceptance of Terms
Your use of the Services is subject to the terms of the legal agreement between you and myDNA set out in these Terms of Use (“Terms”). In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms . You can accept the Terms by; (1) clicking to accept or agree to the Terms, where this option is made available to you by myDNA for any aspect of the Services; or by (2) commencing use of the Services. In this latter case, you acknowledge and agree that myDNA will treat your commencement of use of the Services as acceptance of the Terms from that point onwards.
3. Prerequisites
You must be eighteen (18) years of age or older to agree to these Terms, and in doing so you must act on either on your own behalf or on behalf any person for whom you have the legal authority to act (such as your child or a person for whom you are a guardian). If you are under 18 years of age, by continuing you agree that a person who is over 18 years old has consented for you to continue with the Services.
4. Description of the Services
MyDNA’s genetic analysis is performed at accredited genetic laboratories adhering to international and local standards. The interpretation of Tests and results is based on currently available information in medical literature and scientific databases, as well as informatics and algorithms that may be subject to change. New information may replace or add to the information that was used to analyse your Tests and provide results. Based on this new information and/or modifications to our laboratory informatics and algorithms, you understand and agree that we may (but are not obliged to) amend or modify your myDNA insights, recommendations and personalised plans.
In providing the Test and results, myDNA does not provide a diagnosis, or recommend a treatment. The Test report and any associated comments are for informational purposes only and should not be interpreted as the provision of professional medical advice. MyDNA’s analysis is based solely on the sample and information provided by you to myDNA and does not take all factors related to your health into account. You acknowledge that in addition to genetic influences, environmental and lifestyle factors also play a large role in health and wellness insights and recommendations. You must consult with your healthcare provider for further advice and before making any changes to your diet or lifestyle or before starting and stopping any treatment that has been prescribed for you, following the conduct of any Test.
MyDNA employees and its DNA laboratory shall to the extent permissible at law 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 any outcome of a Test, a Test report or any recommendations or information provided in connection therewith.
5. Risks and Considerations Regarding myDNA’s Services
You agree and acknowledge that due to circumstances beyond our reasonable control, occasionally our DNA Laboratory may not be able to process your Test sample, and/or the laboratory process may result in errors. Without limiting the foregoing, we may not be able to process your DNA sample if it does not contain a sufficient volume of DNA, if 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 provide you with a new kit to obtain from you a new sample at no charge to you and will proceed to repeat the analysis following its receipt.
You agree and acknowledge that genetic research is not comprehensive and is evolving. 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 and age groups are not included in genetic studies. Because interpretations provided through the Services 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.
You agree and acknowledge that we provide our Services (including, without limitation, any Genetic Information) for research, informational, and educational use only. We do not provide medical advice and/or diagnostic services and our Services are not intended to be a substitute for obtaining personalised, professional medical services.
6. Your Representations
By accessing / obtaining the Services, you agree, acknowledge, and represent as follows:
- You give permission to myDNA, and the operators of the DNA Laboratory, to perform DNA processing services on the DNA extracted from your DNA sample and you specifically request myDNA to disclose the results of analyses performed on your DNA to you and to others you specifically authorise myDNA to disclose to.
- 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. If you are under 18 years of age you are proceeding with the consent of a person over the age of 18.
- You guarantee that any sample that you provide to myDNA is of your own DNA; or, if you are agreeing to these Terms 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 agree that your Personal Information will be collected, stored, used, disclosed and processed in accordance with our Privacy Policy.
7. myDNA Privacy Policy and Disclosure of Information
In order to use the Services, you must first acknowledge and agree to the Privacy Policy. You may not use the Services if you do not accept the Privacy Policy. You can acknowledge and agree to the full Privacy Policy, which is incorporated by reference into these Terms, by (1) clicking to accept or agree to our Privacy Policy, where this option is made available to you by myDNA for any Services; or by (2) proceeding to use the Services.
8. Limited Licence
We grant you a limited, non-exclusive, royalty-free licence to use any content made available to you through the Service for non-commercial purposes only, and you must not reproduce the whole or any substantial part of such content for any purpose other than if and to the extent necessary for your use of the Services.
9. Modifications to Service
We reserve the right at any time and from time to time to modify or discontinue the Services (or any part thereof) with or without prior notice. You acknowledge and agree that (i) modifications may result in a delay in computations for some myDNA features or Services, and (ii) to the extent permissible at law, myDNA shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.
10. Warranties, disclaimers
If you are an Australian based consumer the following applies:
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel your service contract with us and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or services.
Without limiting and subject to the above italicised terms, you acknowledge and agree that to the extent permissible at law:
(1) Your use of the Services is at your risk. The Services are provided on an “as is” and “as available” basis, and we expressly disclaim all warranties of any kind that are not required by law, 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;
(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 device or hardware 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 these Terms;
(5) You should always use caution when giving out any personally identifying information about yourself or those for whom you have legal authority;
(6) We disclaim any liability arising as a result of any actions you may take following your use of the Services;
(7) myDNA does not warrant or represent that the online personalised insights and plans will be free from human or mechanical error, technical inaccuracies or other typographical errors or defects;
(8) myDNA shall not be responsible for examining or evaluating the content or accuracy of the material from third party authors or suppliers over whom we have no control whose content may be included or referenced in personalised insights and plans. myDNA does not warrant and, to the fullest extent permitted by law, will not have any liability or responsibility for any such third party material;
(9) myDNA, its authors or its suppliers may make changes to personalised plans at any time in their sole discretion without notice or liability.
11. Limitation of Liability
To the extent permissible at law, and without limiting the previous clause, neither party will be liable to the other 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 advised of the possibility of such damages); (a) resulting from the use or the inability to use the Services; (b) resulting from any action taken based on the information received through or from the Services, (c) otherwise arising under these Terms or in connection with the Services.
12. Site limitations
myDNA does not warrant that the Site will be available at all times. You acknowledge that the Site may be unavailable for a number of reasons, including due to matters beyond myDNA’s control, and to the extent permissible at law, shall hold myDNA harmless in respect of any claims arising there from. myDNA does not warrant that users’ access to the Site will meet any particular performance criteria.
Links to external websites from the Site are provided for convenience only and myDNA does not endorse or make any warranty with respect to such external sites.
13. Shipping Policy
myDNA uses Australia Post for shipping. Your testing kit (and any other goods you order from us, if applicable) 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 Australia Post may otherwise leave parcels unattended.
Delivery times are reliant upon normal Australia Post working hours and vary depending on where you live. Please allow up to 7 days for delivery.
Orders will only be dispatched Monday to Friday (Victoria, Australia time).
14. Returns Policy
myDNA accepts returns of goods it supplies in accordance with Australian Consumer Law and any other mandatory applicable to the supply of goods if you are in another territory.
We refer to paragraph 10 above, which deals with mandatory warranties provided under the Australian Consumer Law.
If you receive from us a product that is faulty, not fit for purpose, or damaged it can be returned in accordance with the Australian Consumer Law by contacting myDNA customer support at help@mydna.life, together with information relating to the defect, and proof of purchase. myDNA will then provide you with a replacement product at no charge.
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 myDNA test kit for sample recollection.
15. Promotions, Coupons & Offers
myDNA may choose to run promotions, discounts or offers with respect to the products available for sale on the Site.
Unless otherwise stated, all times and dates listed in association with any promotion are intended to be Australian Eastern Standard Time (AEST).
myDNA reserves the right, at any time, to end promotions without notice, including where specific campaign dates had previously been listed.
16. Changes to the Terms of Use
myDNA may make changes to the Terms from time to time. When these changes are made, myDNA will notify revised Terms available on its Site and will take reasonable efforts to notify you of any significant amendments.
You acknowledge and agree that if you use the Services after the date on which the Terms have changed, myDNA will be entitled to treat your use as acceptance of the updated Terms.