AccountThank you for choosing Lumi Health to order your Carrier Screening genetic test. This document contains the terms and conditions that will apply to a patient (You) ordering a genetic test online. Please take a few minutes to review them.
These terms and conditions apply to the use of this Site and the Lumi Health Patient Portal accessible via this Site (“the Program”). The Site, 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.
1. Definitions
“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.
“DNA Laboratory” means specialised DNA lab (LUMI owned, Gene by Gene and Genseq laboratories located in Texas, USA and Melbourne Australia respectively or the Victorian Genetic Screen Service VCGS laboratory located in Melbourne Australia) to process, extract and store DNA samples. Where a third party is nominated they are only given access to the minimal information needed to perform their auxiliary functions and are prohibited from using it for other purposes.
“Lumi” means Lumi Health Pty Ltd (including its subsidiaries and affiliates) with a principal place of business at L20, 627 Chapel St, South Yarra 3141, Australia.
“Personal Information” is information that can be used to identify you, either alone or in combination with other information. Lumi 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 Lumi 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; and 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, Medicare number, password, and payment information).
“Service” or “Services” means Lumi Health Carrier Screening Test, products, software, services, consultation and website as accessed from time to time by the user.
2. Acceptance of Terms
Your use of Lumi’s Services is subject to the terms of the legal agreement between you and Lumi set forth in these Terms of Service (“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 Lumi for any Service; or by (2) actually using the Services. In this case, you acknowledge and agree that Lumi 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
Lumi analysis is performed at accredited genetic laboratories adhering to international and local 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 specific professional medical advice.
Lumi’s analysis is based solely on the sample and information provided by you to Lumi and does not take all factors related to your health into account. Therefore, Lumi employees and its DNA laboratory shall have no liability to any person or entity with regard 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 Lumi’s Services
Our DNA Laboratory may not be able to process your sample, and our laboratory process may result in errors. While our DNA 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 you.
6. User Representations
By accessing Lumi Services, you agree to, acknowledge, and represent as follows:
- You give permission to Lumi, its DNA Laboratory, its contractors and assignees to perform DNA processing services on the DNA extracted from your DNA sample and you specifically request Lumi 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.
- You are guaranteeing that any sample you provide is your DNA or the DNA of your reproductive partner.
- 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. Sample Registration
You may be prompted to register for access to the Services on this Site and to submit certain information in order to fully utilise the Program provided. The relevant information may include, but is not limited to, your name, contact details, medical history and credit card details.
Upon becoming a Lumi customer, 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 which occur under your login and password.
You are responsible for the content of all Information entered on this Site. All information you enter must be accurate, complete and not misleading.
8. Provider Relationship
Lumi has partnered with Medmate Australia (ABN 88628471509) to complete medical telehealth services for patients. Medmate is an independent contractor and not an employee, agent, or affiliate of Lumi.
When you access Lumi Services, you will be asked to book a medical telehealth consultation for the approval of the genetic test. Medmate is solely responsible for the provision of telehealth services. Lumi is not responsible for and does not guarantee the quality or outcome of Medmate services.
When you use the telehealth service offered through Lumi, you establish a direct relationship with Medmate for the specific telehealth consultation. Medmate is responsible for all aspects of customer care related to the telehealth service, including scheduling, consultation delivery and approval of genetic tests.
9. Lumi 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 Lumi for any Service; or by (2) actually using the Services.
10. 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 Lumi, are entirely responsible for all User Content that you upload, post, email, or otherwise transmit via the Service.
11. 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 Lumi and its DNA Laboratory, its employees, contractors, successors, and assigns from any liability arising out of the use or disclosure of any information obtained from analysing your DNA sample and/or analysing your Genetic Information, which is disclosed to you consistent with our Privacy Statement or results from any third-party tools we provide.
12. 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 notice. You acknowledge and agree that (i) modifications may result in a delay in computations for some of the Lumi features or Services, and (ii) Lumi shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.
13. Disclaimer of Warranties
You expressly acknowledge and agree that: (1) Your use of the Services is 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) 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. (4) 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.
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
Lumi may make changes to the TOS from time to time. When these changes are made, Lumi 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, Lumi will treat your use as acceptance of the updated TOS.
16. Website Terms
Users acknowledge that their access to the Site may be monitored and tracked by Lumi by the use of cookies and/or retailer IDs. Lumi 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 Lumi in providing you with valued services. Any information provided by users or their browsers (including cookies) will be for the use of Lumi, the operator of this Site. Lumi will not disclose personal information about users or their browsing habits to any other third party, unless users give Lumi express permission to do so, or unless required to do so by law. Notwithstanding the above, users acknowledge that transmissions to and from this Site may be monitored, intercepted or modified by other parties.
Lumi 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 Lumi’s control, and shall hold Lumi harmless in respect of any claims arising therefrom. Lumi 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 Lumi does not endorse or make any warranty with respect to such external Sites.
Lumi may choose to run promotions, discounts or offers with respect to the products available for sale on the Lumi site. Lumi reserves the right, at any time, to end promotions without notice, including where specific campaign dates had previously been listed.
17. Shipping Policy
Lumi uses Australia Post 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 Australia Post may leave parcels unattended.
We work hard to ensure that your order is delivered as soon as possible with over 90 per cent of orders picked, packed and dispatched within 24 to 48 hours of the order being placed.
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.
It is important to note that orders can only be dispatched Monday to Friday.
18. Returns Policy
Lumi 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 Lumi customer support at support@lumihealth.com.au, together with proof of damage, a police report (in the case of theft or foul play) and proof of purchase. Lumi will then provide you with a replacement product.
Lumi 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 Lumi customer support at support@lumihealth.com.au if you require any assistance.
In the event that 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 Lumi test kit for sample recollection.
Please refer to our shipping policy for delivery times and details.
