These Terms of Use only apply to Australia and New Zealand. Our Terms of Use for the United States can be found here.

Please read these terms and conditions carefully before accessing, using or browsing our websites or any of our content.

Last updated: February, 2025

Acceptance

These legal terms and conditions (the “Terms”) govern your use of www.seonixbio.com and its subdomains operated by Seonix Pty Ltd (“Seonix”), which includes access to, and services available on, our Clinician, Patient Registration and Payment Portals (cumulatively, “Portals”), as well as websites, online services, and applications provided on behalf of Seonix (collectively “Sites” and each a “Site”).

Please read these terms and conditions (“Terms”) carefully before accessing, using or browsing our Sites or any of our content, or purchasing products via our Sites, or using our services. By accessing, browsing or using our Sites or any of our content, purchasing products via our Websites or services, you acknowledge that:

• You have read and understand these Terms.
• You agree to be bound by these Terms.
• When you pay for a Test through our Website, your payment is an offer to purchase the Test. Nothing that is said, written or done by us is an acceptance of an offer until we perform the Test.
• The acknowledgement of a referral through our Site does not constitute a contract to undertake services; it indicates a willingness and capability to enter service agreements to perform the requested services.
• At any time before the Test is performed, we may decline (without providing reasons) to perform the Test. If we do so, we will cancel your Test and refund your payment. For the avoidance of doubt, our cancellation of your Test does not affect the ongoing application of these terms and conditions, which will remain in force between you and us.
• We may vary the Test and/or these terms and conditions in whole or in part, at any time and for any reason. You are responsible for reviewing our Sites periodically to check for any amendment or update of the Terms if/when applicable. You are bound by any such new Terms where you continue to use our Sites and/or do not cancel your test where you do not agree with the changes we have made. If you do not cancel your test, you will be deemed to have accepted the test and/or the terms and conditions as varied.
• Results from your test will only be provided through a healthcare professional. You agree that we are under no obligation to provide those results to you directly or any other person.
• If accessing, browsing or using our Sites, purchasing products or using our services on behalf of an entity, you have full authority to bind your entity to all of these terms and conditions.

By using and/or visiting our Sites, you confirm your agreement to both these Terms and the Seonix Privacy Policy, which forms part of these Terms and is available here.

Products and Services

Fees for the genetic testing process may be revised from time to time. You acknowledge that your payment of fees for the testing service you have selected covers the test, test processing and analysis, and postage.

You acknowledge that you must return your test sample within 6 months of your payment of fees. A failure to return the test result within this period will result in forfeiture of the fees paid. Seonix will not process or analyse test samples received more than 6 months after the purchase and you will not be entitled to a refund.

You agree that in providing your sample you must follow any directions communicated to you by Seonix and that a failure to comply with these directions may mean the test cannot be processed and analysed.

When you register your test with us using our Sites, you agree that the information you provide is true, accurate and complete.

You may choose to pay for services using a credit card. If you choose to do so, you represent and warrant that you are authorised to use such credit card, and you agree to pay all charges incurred under your user account. You agree that we may provide your credit card information and related personally identifiable information to our designated service provider(s) for their use in charging you for the services ordered by you.

You acknowledge that we cannot process your test unless we have obtained your consent.

You acknowledge that you are aware that Seonix has international subsidiaries and may due to causes, such as equipment failure or unexpected increases volume, need to process your sample overseas.

Cancellation and refund policy

You may cancel your test at any time before it is performed. If your test has already been performed, you may request that we withhold the results.

To cancel your Test (or request that results be withheld), please email support@seonixbio.com or call +61 8 6256 0759.

If you have purchased your test directly from us and validly cancel your test prior to commencement of testing, we may elect to refund some or all of the price. We will not provide any refund if testing has commenced.

If you have purchased your test via your health practitioner and validly cancel your Test, then you should seek a refund for the test from them. They will not be able to refund you if testing has commenced.

For the avoidance of doubt, the cancellation of your Test does not affect the ongoing application of these terms and conditions, which will remain in force between us.

Sites

Seonix will use reasonable efforts to include accurate and up-to-date information on our Sites; however, any information presented on our Sites as of a particular date may only be accurate as of such date, and Seonix disclaims any responsibility to update such information.

You must exercise caution, good sense and sound judgement in using our Sites. You are prohibited from violating or attempting to violate the security of our Sites. Any such violations may result in criminal and/or civil penalties against you. Seonix will investigate any alleged or suspected violations, and if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations.

You are not obliged to register with Seonix to access our Sites. However, Seonix may offer certain features and services for which registration is necessary. You can contact us for more information regarding registration.

Portals

In using Seonix’s Portals, you represent and warrant that you are accessing these Portals in your capacity as a provider or patient (as applicable) or, where applicable, you are a personal representative legally authorized to act on behalf of the patient. You understand that much of the information available via our Portals is protected under Commonwealth privacy laws.

Health Practitioners use of the Seonix Clinician Portal

If you are an appropriately qualified health practitioner, you will be required to create a user account with us in order to access certain portions of our Sites, refer patients and obtain results. You represent and warrant that the information you provide is true, accurate and complete. If you provide any information that is untrue or inaccurate, we reserve the right to suspend or terminate your user account.

Your User ID and password are unique to you, and you agree not to disclose or share your User ID and password with any third-party.

By logging onto our Portal using a password, you warrant that you are authorised to use the password and to access and use the account. You agree that you will be solely responsible for the maintenance and security of your User ID and password. You also agree that you will take sole responsibility for any activities conducted by you on or through our Portal.

It is through the user account that Seonix can authenticate the identity of the referrer, or those authorised to refer on behalf of a health practitioner and the recipient of a patient referral entered through the Portal.   Download of a patient report by a user associated with the clinic account that the patient has been referred from constitutes a clinical level acknowledgement of receipt of a patient report.

You understand and agree that user access to the Clinician Portal user account is captured in an audit trail and may be used by Seonix ensure traceability of requests, technical procedures, results and reports.

You further agree not to:

• gain or attempt to gain unauthorised access to any parts of our Sites where access is restricted to registered users or to information contained in such sections of our Sites;
• obtain or attempt to obtain confidential, proprietary and/or personal information stored on our Sites;
• distribute passwords to unregistered or unauthorised users; or
• use our Websites or information accessible on our Websites for an unauthorised or unlawful purpose.

Seonix reserves the right to deny or revoke access to our Sites, or any part thereof, at any time in our sole discretion, with or without cause.

Clinic Requirements

Payment: You agree that you will explain to the patient the cost of the test.

Testing Kits: You will make best efforts to use Testing Kits with the closest expiration date.  You agree to store the SightScore testing kits in a dry place at a temperature of between 15C and 25C (59-77F).

Advertising Guidelines and Regulations: The Clinic acknowledges that the Therapeutics Goods Administration oversees the advertising of testing services and products and agree that any advertising of the SightScore testing service will be restricted to “Genetic risk assessment service” and will not refer to SightScore or include pictures of the SightScore kit. Patient information leaflets within the practice may use the SightScore name.

Other Terms and Conditions

Any additional terms and conditions that apply to purchases of goods or services available on or through any Site are incorporated as a part of these Terms by reference. If there is a conflict between these Terms and the terms posted for or applicable to a specific good or service offered on or through our Sites, the latter terms shall control with respect to the specific good or service so offered.

Intellectual Property

Unless expressly stated otherwise, Seonix is the sole owner of all the copyright, trade marks, trade names, patents and other intellectual property rights created, developed, subsisting or used in or in connection with the Websites, whether or not you contribute to such material.

Except to the extent permitted by the “Limited Licence” referred to in these Terms above, or as required under law, the Websites must not be accessed, used, republished, reproduced, copied, sold, modified or otherwise exploited (in full or in part), without our express prior written consent.

We grant you a limited, revocable, and non-exclusive licence to access and use the Websites (“Limited Licence”) to access information regarding genetic testing, consultation by genetic counsellors and to purchase testing kits. You must not access or use the Websites for any other purpose, including commercial purposes. The rights granted to you by the Limited Licence must not be transferred, assigned or sublicensed to any other person. Notwithstanding the remainder of this clause, we, in our absolute discretion, may refuse to allow you access to use the Websites or our services where we consider this is not safe or otherwise appropriate for your circumstances.

No Medical Advice

This Site provides information about our company and its wholly owned subsidiaries, and the products and services offered by each of them, including, but not limited to diagnostic health testing and services and/or data analysis. Healthcare professionals should exercise their own clinical judgment when using our content, tools or databases. If you are a patient or healthcare consumer, you should not use information found on this Site to replace a relationship with your doctor or other healthcare professional and should not rely on that information as professional medical advice. Always seek the advice of your doctor or other qualified healthcare provider concerning questions you have regarding a medical condition, and before starting, stopping or modifying any treatment or medication. The information (including, without limitation, advice, and recommendations) and services on this Site are intended solely as a general educational aid and are neither medical nor health care advice. Nothing contained in this Site is intended to be used for medical diagnosis or treatment or should be considered medical advice, services, diagnosis, or treatment by Seonix.

You also understand and acknowledge that you should never disregard or delay seeking medical advice because of information featured on or transmitted through our Sites or any test results obtained through Seonix.

Disclaimers

Limitation of liability

To the extent permitted by law, we are not responsible for and you release us from all liability (including in negligence) in respect of any losses, damages, injury to property or person, and costs incurred or suffered directly or indirectly in connection with:

• the provision of any services by or any other conduct of health practitioners or other persons in respect of your health care who are external to Seonix;
• any non-compliance by you with any instructions or directions provided by Seonix; and
• your use of the general information provided by the Sites.

Indemnity

You will indemnify, defend and hold harmless Seonix from and against any and all claims, demands, causes of action, losses, expenses, damages and costs, including without limitation any reasonable legal fees, resulting from, arising out of or relating to your use of our Sites, any activity, information, or material that you submit or transmit to our Sites, or your violation or breach of these Terms.

Sites

Given the unpredictability of technology and the online environment, Seonix does not warrant that the functions or operations of our Sites will be uninterrupted or error-free, that defects will be corrected, or that our Sites or the server that makes it available will be free of viruses or other harmful elements. As a visitor to and user of any of our Sites, you must assume full responsibility for any costs associated with servicing of equipment used in connection with your use of our Sites.

While efforts have been made to ensure the accuracy of the information on our Sites, Seonix does not represent or warrant that the information accessible via our Sites is accurate, complete, or current. Our Sites could contain typographical errors, technical inaccuracies, or other incorrect information. Seonix reserves the right to add to, change, or delete its content or any part thereof without notice. Any price or availability information is subject to change without notice. Additionally, our Sites may contain information provided by third-parties. Seonix makes no representation or warranty regarding the accuracy, truth, quality, suitability or reliability of such information. Seonix is not responsible for any errors, omissions or inaccuracies contained in any information provided by such third-parties.

THE CONTENTS OF OUR SITES ARE PROVIDED “AS IS” AND SEONIX MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE OR ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, COMPATIBILITY OF SOFTWARE PROGRAMS OR NON-INFRINGEMENT. SEONIX SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. SEONIX DOES NOT WARRANT THAT OUR SITES OR SEONIX’S SERVICES WILL SATISFY ANY REQUIREMENTS OR NEEDS THAT YOU MAY HAVE.

Seonix has no responsibility or liability for, and does not insure, guarantee or otherwise protect you with regard to, third-party goods or services that you purchase and that are advertised on, linked to, linked from or mentioned on our Sites. You should conduct whatever investigation you believe is necessary and appropriate before proceeding with any business transaction with third-parties.

User Data

As a user of our Sites, you may be able to enter, upload or otherwise provide health information and other information through the Sites (“User Data”).

You warrant, in respect of any User Data that you provide through the Sites, that you have the right to provide such User Data and the provision or use of such User Data does not breach these Terms, applicable privacy laws or other applicable laws or the intellectual property rights of any third party. Without limiting the remainder of this clause, you also warrant that where you enter, upload or otherwise provide health information, images or other information into or via the Sites, including in your role as a health practitioner if applicable, you will only do so where all necessary consents have been obtained and this is otherwise in accordance with applicable privacy laws.

You agree that you are solely responsible for all User Data that you provide through the Sites.

We do not endorse any User Data, nor do we claim that any User Data is accurate. We are in no way responsible nor liable for User Data.

We are not responsible for providing any supervision or monitoring of User Data available through the Websites. However, we reserve the right to restrict or remove access to any User Data at our absolute discretion, including but not limited to circumstances in which the User Data is in breach of these Terms.

Privacy

We will handle your personal information in accordance with:

• applicable privacy laws, including the Privacy Act 1988 (Cth) and the Australian Privacy Principles contained in that Act, and the Health Records Act 2001 (Vic) and the Health Privacy Principles contained in that Act; and
• our Privacy Policy found here

You agree to us collecting and handling your personal information in accordance with the applicable privacy laws and our Privacy Policy, and also for the purposes described in these Terms. Without limiting the remainder of this clause for the purposes of ensuring appropriate testing, and your ability to access our products and services, and the functionality and services of the Sites, you agree that we may:

• collect your personal information (including health information) via the Sites, and via your referring health practitioner or other health practitioner/s (if any) where you have consented;
• allow that information be accessed and shared by internal Seonix staff;
• allow that information be accessed and used by our third party partner testing laboratories. The details and privacy policies of whom are available in Seonix’s Privacy Policy: here.

In respect of any person/s other than you whose personal information (including health information) you access or share using the Sites, you warrant that you have obtained all necessary consents to access or share this information under applicable privacy laws and this is otherwise in accordance with applicable privacy laws. You also agree to direct any such persons to our Privacy Policy found here.

International users

Our Sites are controlled and operated by Seonix. Seonix makes no representation that materials in our Sites are appropriate or available for use in all locations worldwide. If you are accessing the Website from outside Australia, you are solely responsible for compliance with any local laws, if and to the extent local laws are applicable. Access to our Websites from jurisdictions where the contents of our Sites are illegal or penalised is prohibited.

If you are a non-Australian user, you acknowledge and agree that Seonix may collect and use your information and disclose it to other entities outside your resident jurisdiction. In addition, such information may be stored on servers located outside your resident jurisdiction. Australian law may not provide the degree of protection for information that is available in other countries. By providing us with your information, you acknowledge that you consent to the transfer of such information to Australia or other jurisdictions with different, and in some cases, lower levels of protection for your information. If you do not consent to such transfer, please do not use our Sites.

If you are a US user, please refer to our US Terms of Use and Privacy Policy.

Severability

If any provision of these Terms is declared by a court of competent jurisdiction to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. In that event, Terms will be construed as if such invalid, illegal or unenforceable provisions had never been part of the Terms, with the remainder being in full force and effect.

General Terms

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Seonix regarding your use of the Site. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to”.

When the Terms come to an end, all of the legal rights, obligations, and liabilities that you and Seonix have benefited from, been subject to (or which have accrued over time while the Terms have been in force or which are expressed to continue indefinitely, shall be unaffected by this cessation.

Jurisdiction and disputes

These Terms are governed by the laws of the State of South Australia, Australia, and each party submits to the exclusive jurisdiction of the courts of the State of South Australia, Australia. You also agree to attempt to mediate any dispute.

Contact us

If you have any enquiries about these Terms of Service, please contact us at:support@seonixbio.com

We will treat your enquiry or complaint confidentially. Our team will contact you within a reasonable time after you have made contact with us to discuss your enquiry or complaint and outline options regarding how it may be dealt with. We will aim to ensure that any complaint is resolved in a timely and appropriate manner.

These Terms of Use only apply to Australia and New Zealand. Our Terms of Use for the United States can be found here.

Please read these terms and conditions carefully before accessing, using or browsing our websites or any of our content.

Last updated: February, 2025

Acceptance

These legal terms and conditions (the “Terms”) govern your use of www.seonixbio.com and its subdomains operated by Seonix Pty Ltd (“Seonix”), which includes access to, and services available on, our Clinician, Patient Registration and Payment Portals (cumulatively, “Portals”), as well as websites, online services, and applications provided on behalf of Seonix (collectively “Sites” and each a “Site”).

Please read these terms and conditions (“Terms”) carefully before accessing, using or browsing our Sites or any of our content, or purchasing products via our Sites, or using our services. By accessing, browsing or using our Sites or any of our content, purchasing products via our Websites or services, you acknowledge that:

• You have read and understand these Terms.
• You agree to be bound by these Terms.
• When you pay for a Test through our Website, your payment is an offer to purchase the Test. Nothing that is said, written or done by us is an acceptance of an offer until we perform the Test.
• The acknowledgement of a referral through our Site does not constitute a contract to undertake services; it indicates a willingness and capability to enter service agreements to perform the requested services.
• At any time before the Test is performed, we may decline (without providing reasons) to perform the Test. If we do so, we will cancel your Test and refund your payment. For the avoidance of doubt, our cancellation of your Test does not affect the ongoing application of these terms and conditions, which will remain in force between you and us.
• We may vary the Test and/or these terms and conditions in whole or in part, at any time and for any reason. You are responsible for reviewing our Sites periodically to check for any amendment or update of the Terms if/when applicable. You are bound by any such new Terms where you continue to use our Sites and/or do not cancel your test where you do not agree with the changes we have made. If you do not cancel your test, you will be deemed to have accepted the test and/or the terms and conditions as varied.
• Results from your test will only be provided through a healthcare professional. You agree that we are under no obligation to provide those results to you directly or any other person.
• If accessing, browsing or using our Sites, purchasing products or using our services on behalf of an entity, you have full authority to bind your entity to all of these terms and conditions.

By using and/or visiting our Sites, you confirm your agreement to both these Terms and the Seonix Privacy Policy, which forms part of these Terms and is available here.

Products and Services

Fees for the genetic testing process may be revised from time to time. You acknowledge that your payment of fees for the testing service you have selected covers the test, test processing and analysis, and postage.

You acknowledge that you must return your test sample within 6 months of your payment of fees. A failure to return the test result within this period will result in forfeiture of the fees paid. Seonix will not process or analyse test samples received more than 6 months after the purchase and you will not be entitled to a refund.

You agree that in providing your sample you must follow any directions communicated to you by Seonix and that a failure to comply with these directions may mean the test cannot be processed and analysed.

When you register your test with us using our Sites, you agree that the information you provide is true, accurate and complete.

You may choose to pay for services using a credit card. If you choose to do so, you represent and warrant that you are authorised to use such credit card, and you agree to pay all charges incurred under your user account. You agree that we may provide your credit card information and related personally identifiable information to our designated service provider(s) for their use in charging you for the services ordered by you.

You acknowledge that we cannot process your test unless we have obtained your consent.

You acknowledge that you are aware that Seonix has international subsidiaries and may due to causes, such as equipment failure or unexpected increases volume, need to process your sample overseas.

Cancellation and refund policy

You may cancel your test at any time before it is performed. If your test has already been performed, you may request that we withhold the results.

To cancel your Test (or request that results be withheld), please email support@seonixbio.com or call +61 8 6256 0759.

If you have purchased your test directly from us and validly cancel your test prior to commencement of testing, we may elect to refund some or all of the price. We will not provide any refund if testing has commenced.

If you have purchased your test via your health practitioner and validly cancel your Test, then you should seek a refund for the test from them. They will not be able to refund you if testing has commenced.

For the avoidance of doubt, the cancellation of your Test does not affect the ongoing application of these terms and conditions, which will remain in force between us.

Sites

Seonix will use reasonable efforts to include accurate and up-to-date information on our Sites; however, any information presented on our Sites as of a particular date may only be accurate as of such date, and Seonix disclaims any responsibility to update such information.

You must exercise caution, good sense and sound judgement in using our Sites. You are prohibited from violating or attempting to violate the security of our Sites. Any such violations may result in criminal and/or civil penalties against you. Seonix will investigate any alleged or suspected violations, and if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations.

You are not obliged to register with Seonix to access our Sites. However, Seonix may offer certain features and services for which registration is necessary. You can contact us for more information regarding registration.

Portals

In using Seonix’s Portals, you represent and warrant that you are accessing these Portals in your capacity as a provider or patient (as applicable) or, where applicable, you are a personal representative legally authorized to act on behalf of the patient. You understand that much of the information available via our Portals is protected under Commonwealth privacy laws.

Health Practitioners use of the Seonix Clinician Portal

If you are an appropriately qualified health practitioner, you will be required to create a user account with us in order to access certain portions of our Sites, refer patients and obtain results. You represent and warrant that the information you provide is true, accurate and complete. If you provide any information that is untrue or inaccurate, we reserve the right to suspend or terminate your user account.

Your User ID and password are unique to you, and you agree not to disclose or share your User ID and password with any third-party.

By logging onto our Portal using a password, you warrant that you are authorised to use the password and to access and use the account. You agree that you will be solely responsible for the maintenance and security of your User ID and password. You also agree that you will take sole responsibility for any activities conducted by you on or through our Portal.

It is through the user account that Seonix can authenticate the identity of the referrer, or those authorised to refer on behalf of a health practitioner and the recipient of a patient referral entered through the Portal.   Download of a patient report by a user associated with the clinic account that the patient has been referred from constitutes a clinical level acknowledgement of receipt of a patient report.

You understand and agree that user access to the Clinician Portal user account is captured in an audit trail and may be used by Seonix ensure traceability of requests, technical procedures, results and reports.

You further agree not to:

• gain or attempt to gain unauthorised access to any parts of our Sites where access is restricted to registered users or to information contained in such sections of our Sites;
• obtain or attempt to obtain confidential, proprietary and/or personal information stored on our Sites;
• distribute passwords to unregistered or unauthorised users; or
• use our Websites or information accessible on our Websites for an unauthorised or unlawful purpose.

Seonix reserves the right to deny or revoke access to our Sites, or any part thereof, at any time in our sole discretion, with or without cause.

Clinic Requirements

Payment: You agree that you will explain to the patient the cost of the test.

Testing Kits: You will make best efforts to use Testing Kits with the closest expiration date.  You agree to store the SightScore testing kits in a dry place at a temperature of between 15C and 25C (59-77F).

Advertising Guidelines and Regulations: The Clinic acknowledges that the Therapeutics Goods Administration oversees the advertising of testing services and products and agree that any advertising of the SightScore testing service will be restricted to “Genetic risk assessment service” and will not refer to SightScore or include pictures of the SightScore kit. Patient information leaflets within the practice may use the SightScore name.

Other Terms and Conditions

Any additional terms and conditions that apply to purchases of goods or services available on or through any Site are incorporated as a part of these Terms by reference. If there is a conflict between these Terms and the terms posted for or applicable to a specific good or service offered on or through our Sites, the latter terms shall control with respect to the specific good or service so offered.

Intellectual Property

Unless expressly stated otherwise, Seonix is the sole owner of all the copyright, trade marks, trade names, patents and other intellectual property rights created, developed, subsisting or used in or in connection with the Websites, whether or not you contribute to such material.

Except to the extent permitted by the “Limited Licence” referred to in these Terms above, or as required under law, the Websites must not be accessed, used, republished, reproduced, copied, sold, modified or otherwise exploited (in full or in part), without our express prior written consent.

We grant you a limited, revocable, and non-exclusive licence to access and use the Websites (“Limited Licence”) to access information regarding genetic testing, consultation by genetic counsellors and to purchase testing kits. You must not access or use the Websites for any other purpose, including commercial purposes. The rights granted to you by the Limited Licence must not be transferred, assigned or sublicensed to any other person. Notwithstanding the remainder of this clause, we, in our absolute discretion, may refuse to allow you access to use the Websites or our services where we consider this is not safe or otherwise appropriate for your circumstances.

No Medical Advice

This Site provides information about our company and its wholly owned subsidiaries, and the products and services offered by each of them, including, but not limited to diagnostic health testing and services and/or data analysis. Healthcare professionals should exercise their own clinical judgment when using our content, tools or databases. If you are a patient or healthcare consumer, you should not use information found on this Site to replace a relationship with your doctor or other healthcare professional and should not rely on that information as professional medical advice. Always seek the advice of your doctor or other qualified healthcare provider concerning questions you have regarding a medical condition, and before starting, stopping or modifying any treatment or medication. The information (including, without limitation, advice, and recommendations) and services on this Site are intended solely as a general educational aid and are neither medical nor health care advice. Nothing contained in this Site is intended to be used for medical diagnosis or treatment or should be considered medical advice, services, diagnosis, or treatment by Seonix.

You also understand and acknowledge that you should never disregard or delay seeking medical advice because of information featured on or transmitted through our Sites or any test results obtained through Seonix.

Disclaimers

Limitation of liability

To the extent permitted by law, we are not responsible for and you release us from all liability (including in negligence) in respect of any losses, damages, injury to property or person, and costs incurred or suffered directly or indirectly in connection with:

• the provision of any services by or any other conduct of health practitioners or other persons in respect of your health care who are external to Seonix;
• any non-compliance by you with any instructions or directions provided by Seonix; and
• your use of the general information provided by the Sites.

Indemnity

You will indemnify, defend and hold harmless Seonix from and against any and all claims, demands, causes of action, losses, expenses, damages and costs, including without limitation any reasonable legal fees, resulting from, arising out of or relating to your use of our Sites, any activity, information, or material that you submit or transmit to our Sites, or your violation or breach of these Terms.

Sites

Given the unpredictability of technology and the online environment, Seonix does not warrant that the functions or operations of our Sites will be uninterrupted or error-free, that defects will be corrected, or that our Sites or the server that makes it available will be free of viruses or other harmful elements. As a visitor to and user of any of our Sites, you must assume full responsibility for any costs associated with servicing of equipment used in connection with your use of our Sites.

While efforts have been made to ensure the accuracy of the information on our Sites, Seonix does not represent or warrant that the information accessible via our Sites is accurate, complete, or current. Our Sites could contain typographical errors, technical inaccuracies, or other incorrect information. Seonix reserves the right to add to, change, or delete its content or any part thereof without notice. Any price or availability information is subject to change without notice. Additionally, our Sites may contain information provided by third-parties. Seonix makes no representation or warranty regarding the accuracy, truth, quality, suitability or reliability of such information. Seonix is not responsible for any errors, omissions or inaccuracies contained in any information provided by such third-parties.

THE CONTENTS OF OUR SITES ARE PROVIDED “AS IS” AND SEONIX MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE OR ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, COMPATIBILITY OF SOFTWARE PROGRAMS OR NON-INFRINGEMENT. SEONIX SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. SEONIX DOES NOT WARRANT THAT OUR SITES OR SEONIX’S SERVICES WILL SATISFY ANY REQUIREMENTS OR NEEDS THAT YOU MAY HAVE.

Seonix has no responsibility or liability for, and does not insure, guarantee or otherwise protect you with regard to, third-party goods or services that you purchase and that are advertised on, linked to, linked from or mentioned on our Sites. You should conduct whatever investigation you believe is necessary and appropriate before proceeding with any business transaction with third-parties.

User Data

As a user of our Sites, you may be able to enter, upload or otherwise provide health information and other information through the Sites (“User Data”).

You warrant, in respect of any User Data that you provide through the Sites, that you have the right to provide such User Data and the provision or use of such User Data does not breach these Terms, applicable privacy laws or other applicable laws or the intellectual property rights of any third party. Without limiting the remainder of this clause, you also warrant that where you enter, upload or otherwise provide health information, images or other information into or via the Sites, including in your role as a health practitioner if applicable, you will only do so where all necessary consents have been obtained and this is otherwise in accordance with applicable privacy laws.

You agree that you are solely responsible for all User Data that you provide through the Sites.

We do not endorse any User Data, nor do we claim that any User Data is accurate. We are in no way responsible nor liable for User Data.

We are not responsible for providing any supervision or monitoring of User Data available through the Websites. However, we reserve the right to restrict or remove access to any User Data at our absolute discretion, including but not limited to circumstances in which the User Data is in breach of these Terms.

Privacy

We will handle your personal information in accordance with:

• applicable privacy laws, including the Privacy Act 1988 (Cth) and the Australian Privacy Principles contained in that Act, and the Health Records Act 2001 (Vic) and the Health Privacy Principles contained in that Act; and
• our Privacy Policy found here

You agree to us collecting and handling your personal information in accordance with the applicable privacy laws and our Privacy Policy, and also for the purposes described in these Terms. Without limiting the remainder of this clause for the purposes of ensuring appropriate testing, and your ability to access our products and services, and the functionality and services of the Sites, you agree that we may:

• collect your personal information (including health information) via the Sites, and via your referring health practitioner or other health practitioner/s (if any) where you have consented;
• allow that information be accessed and shared by internal Seonix staff;
• allow that information be accessed and used by our third party partner testing laboratories. The details and privacy policies of whom are available in Seonix’s Privacy Policy: here.

In respect of any person/s other than you whose personal information (including health information) you access or share using the Sites, you warrant that you have obtained all necessary consents to access or share this information under applicable privacy laws and this is otherwise in accordance with applicable privacy laws. You also agree to direct any such persons to our Privacy Policy found here.

International users

Our Sites are controlled and operated by Seonix. Seonix makes no representation that materials in our Sites are appropriate or available for use in all locations worldwide. If you are accessing the Website from outside Australia, you are solely responsible for compliance with any local laws, if and to the extent local laws are applicable. Access to our Websites from jurisdictions where the contents of our Sites are illegal or penalised is prohibited.

If you are a non-Australian user, you acknowledge and agree that Seonix may collect and use your information and disclose it to other entities outside your resident jurisdiction. In addition, such information may be stored on servers located outside your resident jurisdiction. Australian law may not provide the degree of protection for information that is available in other countries. By providing us with your information, you acknowledge that you consent to the transfer of such information to Australia or other jurisdictions with different, and in some cases, lower levels of protection for your information. If you do not consent to such transfer, please do not use our Sites.

If you are a US user, please refer to our US Terms of Use and Privacy Policy.

Severability

If any provision of these Terms is declared by a court of competent jurisdiction to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. In that event, Terms will be construed as if such invalid, illegal or unenforceable provisions had never been part of the Terms, with the remainder being in full force and effect.

General Terms

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Seonix regarding your use of the Site. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to”.

When the Terms come to an end, all of the legal rights, obligations, and liabilities that you and Seonix have benefited from, been subject to (or which have accrued over time while the Terms have been in force or which are expressed to continue indefinitely, shall be unaffected by this cessation.

Jurisdiction and disputes

These Terms are governed by the laws of the State of South Australia, Australia, and each party submits to the exclusive jurisdiction of the courts of the State of South Australia, Australia. You also agree to attempt to mediate any dispute.

Contact us

If you have any enquiries about these Terms of Service, please contact us at:support@seonixbio.com

We will treat your enquiry or complaint confidentially. Our team will contact you within a reasonable time after you have made contact with us to discuss your enquiry or complaint and outline options regarding how it may be dealt with. We will aim to ensure that any complaint is resolved in a timely and appropriate manner.