Genetic Carrier Screening Terms and Conditions

These terms and condition govern your use of Monash IVF’s genetic carrier screening tests and associated services

By ordering a genetic carrier screening test (“carrier screening”) you confirm that you have read, understood and agree to the following terms and conditions:

Purchasing carrier screening services (including the genetic carrier screening test)

When you order a genetic carrier screening test, you agree to pay the purchase price (“purchase price”). The purchase price is the price listed on Monash IVF’s website at the time you purchase the carrier screening test. All amounts are shown in Australian dollars.

The purchase price for the genetic carrier screening test includes:

• the test kit (which comes with the consent form, information sheet and access to the instructional video);
• shipping costs (in Australia);
• processing and analysing your sample; and
• delivery of your results and information regarding your results, including, where applicable, an overlay of the test results of both members of a couple (or donor) to give the couple’s (or donor) risk profile in relation to the genetic disorders including in the carrier screening.

Consent

Each person who wishes to return a sample for analysis must complete and return the Monash IVF carrier screening consent form with their sample. Samples returned without a completed Monash IVF consent form will not be processed.

Testing

The science behind carrier screening, and our understanding of genetic variants which contribute to genetic disorders is evolving. The screening service is based on the technology presently available and your sample will not be re-analysed.

In addition, you acknowledge and agree that:

• the test screens approximately 400 genes; it does not cover all genes and genetic variations;
• in some instances, there may be errors in the test results;
• as explained in the consent form, the carrier screening does not provide a complete assurance that your offspring will be free from genetic disorders due to testing error, variants that emerge after testing or variants which are not included in the screening;
• while Monash IVF aims to provide test results within 6 weeks it makes no guarantees regarding the turnaround time for test results; and
• your information will be used and disclosed within the Monash IVF Group, and with our carrier screening service provider, in providing the carrier screening services to you.

Genetic counselling

Where your results indicate a “high risk” of being a carrier for one of the genetic disorders for which you have been screened, you will be contacted by a genetic counsellor to discuss your results.

Any medical treatment, or further genetic counselling, is not included as part of the purchase price.

Medical advice

You are responsible for obtaining your own medical advice. You acknowledge that any information sheets, test results and/or genetic counselling are not a substitute for medical advice and you should consult with your doctor if you have any concerns.

The results of the carrier screening may have implications for your health and for the health of your genetic relatives.

Refunds

You may request a refund of the purchase price prior to returning your test kit to Monash IVF. To request a refund, you must do so to Monash IVF in writing via the following email: geneticsadmin@monashivf.com. Your request for a refund must be received within 30 days of placing an order for the test kit.

Monash IVF’s refunds policy operates subject to the Australian Consumer Law.

Further samples

Where your sample cannot be analysed (due to insufficient or degraded DNA) Monash IVF will issue you with a further test kit without charge.

Privacy

Your information will be handled in accordance with Monash IVF’s privacy policy. Monash IVF’s privacy policy forms part of these terms and conditions: https://assets.monashivf.com/a...

Where a sample is submitted by both members of a couple, and both members nominate each other, the results of the carrier screening will be shared with both members of the couple.

If you provide a donor reference number in the consent form, the results of the carrier screening in relation to yourself and the donor will be provided to you.

If you consent, Monash IVF may contact you with further information about other services provided by Monash IVF. You can change your mind at any time.

You agree that for the purpose of processing your carrier screening test, your personal information will be handled and retained by the Monash IVF Group and service providers located in the USA responsible for undertaking analysis of the sample (currently Sonic Healthcare and Fulgent, each a “Service Provider”, and any replacement).

Disclosure of your information to the Service Provider

The genetic sample you return to Monash IVF and the information you provide to Monash IVF for the purposes of the carrier screening will be provided to the Service Providers. You understand and agree that the Service Providers are located outside Australia and are therefore not subject to Australian privacy laws (including under the Privacy Act 1988) and you will not be able to seek redress under the Privacy Act (or under any other Australian law) for a breach of your privacy. The Service Provider is subject to its own privacy law regime according to which your information may be used and disclosed by the Service Provider. The Service Provider may be compelled to disclose your information without redress or notification to you.

Limitation of Liability

The results of the carrier screening may be incomplete or inaccurate for the reasons explained in these terms. Your reliance on the results of the carrier screening is at your own risk. You agree that Monash IVF will not be liable to you for any costs or loss you incur, including in relation to genetic variants expressed or carried by your children.

Monash IVF will facilitate your access to carrier screening services, however, the transport, processing and analysis of your sample will be undertaken by 3rd parties including Service Providers. Monash IVF does not conduct these activities and cannot therefore be responsible for the analysis of your sample or for the loss of your sample.

To the extent permitted by law (including under the Australian Consumer Law), you release Monash IVF from all liability (including in negligence, in contract or under any statutory cause of action) in respect of any losses, damages, injury to property or person, and costs incurred or suffered directly or indirectly in connection with:

• the carrier screening services,
• the provision of any services by 3rd parties (including a Service Provider) and including the conduct of health practitioners or other persons in respect of the carrier screening services and your healthcare related to the screening services; and
• any non-compliance by you with any instructions or directions provided by Monash IVF.

Monash IVF’s liability will be limited to the cost of resupplying the carrier screening services to the extent required by these terms and conditions or the Australian Consumer Law.

Indemnity

You agree to indemnify Monash IVF and hold Monash IVF harmless against any losses, damages, injury to property or person, and costs incurred or suffered directly or indirectly in connection with any breach by you of these terms and conditions.

In this document, Monash IVF refers any member within the Monash IVF Group and its staff and contractors, as applicable.

Payment

In submitting the payment details to complete the purchase of carrier screening services according to these terms and conditions you warrant that:

• you are 18 years of age or older,
• you are legally entitled to use the payment method submitted for the purchase price which may be by credit card or 3rd party payment provider (such as Zip Pay or similar),
• You agree that you are liable to pay the purchase price in full.

Your payment will be processed by Monash IVF’s payment processing partner and you agree to pay any fees and taxes incurred in processing your payment.

Confirmation of payment will be sent by email to the email provided upon registration for the carrier testing service.

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