Welcome to https://fulgentgenetics.com.au/ (the “Website”). These Website Terms of Use (the "Terms") are between you and Fulgent Australia Pty Ltd ("Company" or "we" or "us") concerning your use of and access to the Company's Website. By accessing or using the Website, you agree to be bound by these Terms, so please read these Terms carefully before using the site. By using the Website, you accept and agree to be bound and abide by these Terms. The Website is offered and available to users who are 18 years of age or older. By using the Website, you represent and warrant that you meet the foregoing eligibility requirements. If you do not accept these Terms, please do not access or view the Website.
Our goal is to make your website experience simple and transparent. Because we offer diverse products and services, different terms may apply. These Terms apply only to your use of the Website. Additional terms and conditions may apply to your relationship with us and supplement these Terms. In the event of any inconsistency between these Terms and any service-specific terms and conditions, the service-specific terms conditions shall govern with respect to your access to and use of such services.
IF YOU ARE AN INDIVIDUAL ACCESSING THIS WEBSITE ON BEHALF OF, OR FOR THE BENEFIT OF AN ORGANIZATION WITH WHICH YOU ARE ASSOCIATED, THEN YOU ARE AGREEING TO THESE TERMS ON BEHALF OF YOURSELF AND SUCH ORGANIZATION, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND SUCH ORGANIZATION TO THESE TERMS. BY USING THE WEBSITE, YOU ALSO AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT.
1. Scope of Terms.
These Terms apply to your use of this Website. We have other websites that may be covered by different terms of use.
2. Right to Make Changes.
We may change these Terms from time to time for business reasons by notifying you of such changes by any reasonable means, including by posting revised Terms through the Website with an updated date. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms incorporating such changes, or otherwise notified you of such changes. Your use of the Website following any changes to these Terms will constitute your acceptance of such changes. If you do not agree to the modified terms for this Website, you should discontinue your use of the Website. The "Last Updated" legend above indicates when these Terms were last changed.
3. Governing Law; Mediation.
Any disputes arising under or in connection with these Terms shall first be subject to good-faith negotiation between the parties. If the dispute cannot be resolved through negotiation, the parties agree to attempt resolution through mediation conducted by a mutually agreed mediator. Only if mediation fails to resolve the matter may the dispute proceed to litigation. Any legal proceedings must be brought exclusively in the courts of Adelaide, South Australia, and will be governed by the laws of South Australia.
Prior to initiating litigation, the initiating party will give written notice to the other party of its claim, and the parties will have 60 days to negotiate and attempt to resolve the dispute, after which time unresolved claims may proceed to mediation, followed by litigation if mediation does not resolve all claims.
Notwithstanding any of the foregoing, nothing in these Terms will preclude us from seeking any injunctive relief or other provisional remedy in courts for protection of its intellectual property rights (including the rights of its licensors), and you agree to non-exclusive jurisdiction of the state and federal courts located in Dallas, Texas for such claims.
4. Disclaimers of Warranty.
The services provided through the Website come with guarantees that cannot be excluded under the Australian Consumer Law (set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth)) ("Australian Consumer Law"). For major failures with the service, you are entitled (a) to cancel your service contract with us (if any); and (b) to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.
The Company provides the Website using a commercially reasonable level of skill and care and hopes that you will enjoy using it. That said, there are certain things that the Company does not promise about the Website and your use of this Website is at your own risk. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW AND SUBJECT TO THE CONSUMER GUARANTEES PROVIDED FOR IN CONSUMER PROTECTION LEGISLATION (INCLUDING THE AUSTRALIAN CONSUMER LAW) -EXCEPT FOR FRAUD, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT OF THE COMPANY, OR IN THE EVENT OF A SERIOUS PERSONAL INJURY OR DEATH DUE TO THE COMPANY'S GROSS NEGLIGENCE, (A) THE WEBSITE IS MADE AVAILABLE TO YOU ON AN "AS IS," "WHERE IS," AND "WHERE AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY; AND (B) THE COMPANY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE WEBSITE, PRODUCTS, AND ANY SERVICES, INCLUDING THE WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THESE TERMS) ARE MADE FOR THE BENEFIT OF BOTH THE COMPANY AND ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS, CONSULTANTS, AND SERVICE PROVIDERS (COLLECTIVELY, THE "AFFILIATED ENTITIES"), AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.
5. Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW AND SUBJECT TO THE CONSUMER GUARANTEES PROVIDED FOR IN CONSUMER PROTECTION LEGISLATION (INCLUDING THE AUSTRALIAN CONSUMER LAW), EXCEPT FOR FRAUD, GROSS NEGLIGENCE, WILLFUL MISCONDUCT, SERIOUS PERSONAL INJURY, OR DEATH DIRECTLY CAUSED BY THE COMPANY: (A) THE COMPANY WILL NOT BE LIABLE: FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND; UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHER THEORY, OR FOR DAMAGES FOR LOSS OF PROFITS, USE OR DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF SUBMISSIONS (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF ANY SUBMISSIONS), EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES; (B) WITHOUT LIMITING THE FOREGOING, THE COMPANY WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE OR THE SERVICES, INCLUDING FROM ANY VIRUS THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH; AND (C) YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE; AND (D) THE MAXIMUM AGGREGATE LIABILITY OF THE COMPANY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL BE THE GREATER OF THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO THE COMPANY TO USE THE WEBSITE AND $10.00. ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF THE COMPANY, ITS AFFILIATED ENTITIES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS. You acknowledge and agree that the limitations set forth above are fundamental elements of these Terms, and the website and services would not be provided to you absent such limitations.
6. Disclaimers of Contents.
This Website provides information about the Company's products and services. We try to keep this Website up-to-date, but medical knowledge and treatment options change quickly. This Website should not be considered error-free or as the best source of information on a particular topic. Subject to the consumer guarantees provided for in consumer protection legislation (including the Australian Consumer Law), we make no warranties or representations as to the accuracy of the content of the Website. Our Website content is provided for informational purposes only. It should not be used during a medical emergency or for the diagnosis or treatment of any medical condition. We do not provide medical advice, services, diagnosis, treatment, or advice via the Website. This Website is not, and is not intended in any way to be, or a substitute for, advice (such as professional medical advice) and should not replace a qualified health practitioner's independent judgement about the appropriateness or risks of treatment or use of a particular product or service. You should seek the professional advice of a qualified health practitioner with any questions you have regarding any medical conditions and / or the suitability of any products or services, including any products or services offered by the Company through the Website. Never disregard professional advice given by a qualified health practitioner or delay in seeking it because of the general information you have read on the Website. Nothing contained on this Website is intended to create a patient-healthcare provider relationship between the Company and you. You and your health practitioners are exclusively responsible for any patient management and care decisions made with respect to using any product or service offered by the Company, and any consequences of such decisions. Certain information accessible via this site is intended for healthcare professionals, who must exercise their own clinical judgment at all times. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS, OR ANY OTHER INFORMATION, SERVICES, OR PRODUCTS THAT YOU MAY OBTAIN IN CONNECTION WITH OUR WEBSITE.
7. Appropriate use of the Website.
You must only use the Website, including any third party platforms contained therein, for purposes described in these Terms. You must not use, or attempt to use, the Website (a) for any unlawful purpose, in any way that may breach any law or regulation or to solicit others to perform or participate in unlawful acts; (b) to submit, provide or upload false or misleading information or information that may be false or misleading; (c) to corrupt, damage or interfere with the Website or any third party data, software, hardware, website or information technology systems; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (e) to send, provide or upload any offensive, inflammatory, defamatory, fraudulent or otherwise unlawful information or information that infringes the Company's right or third party rights; (f) to adversely affect the reputation or public image of the Company or any third party; or (g) to cause annoyance or inconvenience to the Company or any third party.
8. Information Submitted Through the Website.
Your submission of personal (including sensitive or health) information through the Website is governed by the Company's Privacy Policy (the “Privacy Policy”).
You represent and warrant that any information you provide in connection with the Website is and will remain accurate and complete, and that you will maintain and update such information as needed. To the extent that there is any contradiction between the provisions of these Terms and the Privacy Policy, the provisions of the Privacy Policy will prevail.
You grant to the Company a non-exclusive license to copy, use, display, reproduce, adapt, modify, re-arrange and distribute any and all data, information, or communications (excluding personal sensitive or health information) sent to us or entered by you, or on your behalf, while accessing the Website (your “Information”) to the extent necessary for us to operate the Website, its business, and/or to facilitate interactions or transactions with you. You acknowledge that we exercise no control whatsoever over the content of your Information and it is your sole responsibility, at your own expense, to provide the Information, and to ensure that the Information you transmit or receive complies with all applicable laws and regulations now in place or enacted in the future. We are under no obligation to review your Information for accuracy, potential liability or for any other reason.
You are solely responsible and liable for your Information. You represent, warrant, and covenant to us that you own your Information or that you otherwise have sufficient rights to provide your Information to us, and to grant us the necessary licenses and rights set forth below without violating, infringing, or misappropriating the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any third party. You agree to pay all royalties, fees, and any other monies owed to any person because of your Information provided by you. You understand that your Information may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices, or to create, develop or otherwise provide the Website. You represent, warrant, and covenant that your providing of your Information to the Website or to us will not violate any law, regulation, the rights of any third party, or these Terms.
Without limitation of the above, if you are a health care provider or a health fund, you represent and warrant that you will comply with all applicable laws, rules, and regulations in connection with your use of the Website, and that you will not provide any information, including personal (including sensitive or health) information, to us for which you do not have all required authorizations or consents.
9. Jurisdictional Issues.
The Website and our services are hosted and performed (or both) from the United States and may be subject to applicable United States laws, rules, and regulations. If you choose to use the Website or our services from regions outside the United States (including in Australia), then by your use of the Website and/or our services, you acknowledge and agree that: (a) you may be transferring your personal (including sensitive or health) information outside of those regions to the United States for genetic analysis, storage, and processing, to the extent as required for the Company and its contracts to perform the services; (b) certain laws and regulations of the United States may apply and govern your use of the Website and/or our services and provision of your information, which may differ from those of your country of residence; and (c) the Company may collect, process, use, store, transfer, and disclose your personal (including sensitive or health) information as set forth in the applicable Informed Consent Form and Privacy Policy, which you should carefully review as you understand and agree to all the applicable ways in which the Company handles your information.
Any provision of these Terms which is invalid in any jurisdiction must, in relation to that jurisdiction, be (a) read down to the minimum extent necessary to achieve its validity, if applicable; and (b) severed from these Terms in any other case, in each case, without invalidating or affecting the remaining provisions of these Terms or the validity of that provision in any other jurisdiction.
10. Healthcare Providers Acting on Behalf of their Patients.
If you are a healthcare provider accessing this Website in connection with obtaining a patient sample or ordering a test for a patient, you represent and warrant that (a) you are authorized in your jurisdiction to order the test on behalf of your patient; (b) you have advised your patient of the benefits, risks, capabilities, and limitations of the test(s) and services; (c) you have obtained consent from your patient to share their personal (including sensitive or health) information the with Company as required under applicable privacy laws; (d) you have confirmed that your patient has signed or will sign the applicable Informed Consent Form; and (e) you will notify the Company of any changes in patient information and consent status, including changes to consent to store samples.
11. Feedback.
If you provide to us any ideas, proposals, suggestions, or other materials ("Feedback"), whether related to the Website or otherwise, you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited, and without restriction; and it does not place Company under any fiduciary or other obligation.
12. Intellectual Property.
As between you and us, we own the Website, which is protected by proprietary rights and laws. All trade names, trademarks, service marks, and logos on the Website, to the extent not owned by us, are the property of their respective owners. You may not use our trade names, trademarks, service marks, logos, or any other intellectual property of ours in connection with any product or service that is not ours, or in any manner that is likely to cause confusion or that amounts to unauthorized use. Nothing contained on the Website should be construed as granting any right to use any trade names, trademarks, service marks, or logos without the express prior written consent of the owner. We may incorporate third party software as part of the Website, and any such third-party software may be subject to additional terms provided by a third-party licensor to our Company.
Subject to your acceptance of these Terms, the Company authorizes you to view, download and/or print a small number of copies of the content on the Website for your personal, non-commercial use. Otherwise, no content on the Website may be reproduced, modified, republished, transmitted, displayed, performed, or distributed in any way without the express prior written consent of the Company or as permitted by law. You may not modify, sell, assign, or transfer the content of the Website or reproduce, display, distribute or otherwise use the content of the Website in any way for any public or commercial purpose or otherwise except as expressly permitted in these Terms.
13. Third Party Materials; Links.
Certain Website functionality may make available access to information, products, services, and other materials made available by third parties ("Third Party Materials") or allow for the routing or transmission of such Third Party Materials, including via links. By using such functionality, you are directing us to access, route, and transmit to you the applicable Third Party Materials. We do not control or endorse and are not responsible for any Third Party Materials, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness, or safety of Third Party Materials, or any related intellectual property rights. Certain Third Party Materials may, among other things, be inaccurate, misleading, or deceptive. Nothing in these Terms will be deemed to be a representation or warranty by the Company with respect to any Third Party Materials. We have no obligation to monitor Third Party Materials, and we may block or disable access to any Third Party Materials (in whole or part) through the Website at any time. In addition, the availability of any Third Party Materials through the Website does not imply our endorsement of, or our affiliation with, any provider or owner of such Third Party Materials; nor does such availability create any legal relationship between you, us, and any such provider. The Company recommends that before you access any Third Party Materials via a link, you check that your computer is running up-to-date virus checking software. YOUR USE OF THIRD PARTY MATERIALS IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS, AND POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD PARTY MATERIALS).
14. Bots and AI Technology.
At times, we may use chatbot technology to help interact with our Website visitors (“the Bot”). We may offer the Bot as a convenience to you. The Bot is not a substitute for direct communication with the Company, and all of the information available to you through the Bot is also available to you directly through the Company. Because the Bot uses artificial intelligence to communicate with you, the Bot may provide inaccurate information in response to your requests. Subject to the consumer guarantees provided for in consumer protection legislation (including the Australian Consumer Law), you agree that the Company shall not be liable to you or any third party for the Bot providing inaccurate information to you. Please do not share personal (including sensitive or health) information via the Bot. YOUR USE OF THE BOT IS AT YOUR OWN RISK AND IS SUBJECT TO THESE TERMS AND TO ANY ADDITIONAL TERMS, CONDITIONS AND THIRD-PARTY POLICIES APPLICABLE TO THE BOT (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDER OF THE BOT).
15. Cookies.
If your web browser is set up to accept cookies, a cookie may be stored on your hard drive when you visit the Website. Cookies allow the Company to collect information about your computer, which may include your IP address (a number assigned to your computer when you register with an internet service provider), type of browser, operating system, domain name, location data, and the details of any Website which has referred you to the Website. The Company uses cookies to track and collect information about which parts of the Website (including links to other websites) are being visited by you. Cookies also allow the Company to recognize your computer while you are on the Website. This information is used to maintain the quality of our service and to provide tracking and statistics regarding the use of the Website. If you would rather not have this information stored on your computer, you can configure your browser so it does not accept cookies. However, if you disable cookies, you may not be able to access all parts of the Website.
16. No Agency or Other Relationship.
These Terms do not, and will not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and the Company. If any provision of these Terms is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction.
17. Miscellaneous.
(a) No waiver by either party of any breach or default under these Terms will be deemed to be a waiver of any preceding or subsequent breach or default.
(b) Any heading, caption, or section title contained herein is for convenience only, and in no way defines or explains any section or provision.
(c) These Terms are the entire agreement between you and the Company relating to the subject matter hereof, and they supersede any and all prior or contemporaneous written or oral agreements or understandings between you and the Company relating to such subject matter.
(d) You may have entered into other agreements (e.g., business associate agreements and services agreements) with us. To the extent that there is any contradiction between the provisions of these Terms and any written agreement between you and us, that written agreement will control with respect to the subject matter of that document.
(e) Notices to you (including notices of changes to these Terms) may be made via posting to the Website or by e-mail (including, in each case, via links), or by regular mail. Without limitation, a printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
(f) The Company will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.
18. Indemnity.
To the fullest extent permitted under applicable law, you agree to defend, indemnify, and hold harmless the Company and the Affiliated Entities, and their respective successors and assigns, from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys' fees) arising out of or relating to (a) your use of the Website (including any Feedback provided by you); and (b) any violation or alleged violation of these Terms by you, except, in each case, to the extent that the loss or liability arises due to fraud, gross negligence or willful misconduct of the Company.
19. Termination.
These Terms shall continue to have full force and effect unless and until terminated by the Company. The Company may terminate, suspend, or restrict any of the Website at any time in its sole discretion and without notice. We may, at any time, due to business reasons and without liability, modify or discontinue all or part of the Website (including access to the Website via any third-party links); charge, modify, or waive any fees required to use the Website; or offer certain opportunities to some or all Website users.
20. Questions or Complaints.
If you have a question or complaint regarding the Website, please send an e-mail to clientservices@fulgentgenetics.com. You may also contact us by writing to Fulgent Australia, Level 1, 182 Fullarton Road, Dulwich, South Australia, 5065. Please note that e-mail communications will not necessarily be secure. Accordingly, you should not include credit card information or personal (including sensitive or health) information in your e-mail correspondence with us.