Terms and Conditions:

These Terms and Conditions do not affect your rights or guarantees under Australian Consumer Law.

1. Definitions
   1. “ABTG” means ABTG Pty Ltd (trading as Paternity Testing Australia) (ACN 166 324 554, ABN 699 453 946 43) or any of its directors, officers, employees, shareholders, agents, the laboratory, contractors, affiliates or representatives.
   2. “Purchaser” is the person who orders the test or service.
   3. “Nominated Person” is the person nominated by the Purchaser to receive the results and the report.
   4. “Order” means an order by the Purchaser for one or more of ABTG’s services in accordance with these Terms and Conditions.
   5.  “Sample” is a DNA Sample, such as a mouth swab, or any other type of biological Sample. A sample may be:
      1. a "Standard Sample" which is a sample collected on the swabs and FTA cards provided by ABTG in accordance with the instructions, or
      2. a "Non-standard Sample" which is a sample collected in a non-standard manner, e.g. plucked hairs or fingernail clippings.
   6.  “Sampler” means whoever takes the Sample.
2. Application of Terms and Conditions
   1. The Order is an agreement between the Purchaser and ABTG. If a Nominated Person is included in the transaction the consumer warranties and exclusions are taken to bind that person. In other words that person becomes a Third Party to the Agreement, which is governed by these Terms and Conditions, subject always to the control of the Purchaser in relation to the dissemination and or use of the information provided. All other people who were involved in the test must look to the Purchaser for a copy of the information.
   2. These Terms and Conditions are to be read in conjunction with our Website Disclaimer and Privacy Policy.
   3. An order by the Purchaser shall constitute an offer for the test or service ordered. The offer is accepted when the purchaser signifies acceptance by activating the above “I Agree” button and then proceeds to make payment for the test or service. Or, in the case of phone orders, when the Purchaser verbally accepts the Terms and Conditions and then pays for the test or service. Only then is there a binding agreement between the Purchaser and ABTG.
   4. Acceptance of an order is at the discretion of ABTG. An offer will be deemed to have been accepted when ABTG commences work on the test or service ordered. However, in cases where full payment has not yet been received, ABTG will not be obligated to complete the test or service or provide results or a report until full payment has been received.
3. Price
   1. Prices for standard services which are not listed on this website are listed in ABTG’s price list. Prices are available upon request.
   2. For more complex tests and services the price will be determined based on the extent of testing required, the level of complexity and the amount of work required. Please contact us to discuss your case and request a quote.
4. Payment
   1. In cases where payment for a test or service is not required to be made upfront, a deposit shall be required to commence the test or service, and the remainder shall be payable within 30 days.
   2. Results and reports will not be released until full payment has been received. Late payments will delay the delivery of the service. Title in the results and reports of the test or service ordered remains with ABTG until full payment has been received.
   3. The Purchaser shall pay any costs incurred by ABTG due to late payment or failure to pay, including costs associated with the recovery of unpaid amounts due.
5. Delivery and Turnaround Time
   1. ABTG provides the results/report of the test to the Purchaser and/or the Nominated Person. Written permission from the Purchaser is required in order to provide the results/report to other parties to the test, or their legal guardian if they are under 18.
   2. All standard shipping costs, including delivery of Sample kits, application forms and reports, are included in the price paid for the test or service.
   3. The majority of paternity test results will be ready within 5-9 business days from the time that we receive your Sample. However, ABTG will not be held liable for longer turnaround times and delays shall not be considered a breach of contract.
   4. The turnaround times for other tests and services vary according to the complexity of the case and level of work required. ABTG endeavours to provide all test results within a reasonable time frame. Please contact ABTG to enquire about the turnaround time for other tests or services.
   5. ABTG accepts no liability for delays in delivering the test or service caused by third parties or circumstances beyond our control.
   6. ABTG accepts no liability for Samples, forms, documents or results which are delayed, mislaid or damaged by third parties or by other circumstances beyond our control.
6. Purchaser's responsibilities
   1. The Purchaser confirms that the Purchaser and the Nominated Person are of legal age (of at least 18 years).
   2. ABTG has no control over the process of sampling. It is the Purchaser’s responsibility:
      1. to control the sampling, and secure the necessary Samples;
      2. to ensure that all Samples are obtained legally, ABTG accepts no responsibility for illegally obtained Samples, and
      3. The Purchaser assumes all risk in respect of any such conduct, and
      4. Indemnifies and holds harmless ABTG against all claims made against it in respect of such conduct.
   3. The Purchaser is responsible for promptly supplying any required Samples, completed forms or documentation. Delays in supplying these will delay the delivery of the test or service ordered. ABTG will not be held liable for such delays.
   4. The Purchaser agrees that testing and analysis shall be carried out using sufficient genetic material and  testing as deemed necessary by ABTG in order to obtain a reliable result for the ordered test.
   5. The Purchaser agrees to provide ABTG with all requested information. If the Purchaser fails to provide all requested information, they accept that this could result in a delay in the test or service, or inaccurate results. ABTG does not accept liability for the consequences of a failure to provide ABTG with all requested information. In particular, if the possible fathers may be related to each other you must inform ABTG.
   6. The accuracy of each paternity test is reflected by the stated percentage range in almost all cases. However, the Purchaser and Nominated Person accept that the stated figures are based on the typical paternity index, and that the percentage accuracy of individual results may occasionally fall outside of this range.
   7. Whilst every reasonable endeavour is made to provide the most accurate results possible, ABTG will not be liable for Samples failing to produce a DNA profile, or results producing a low level of accuracy, due to sampling errors, degradation of the Sample, or due to contamination errors caused by the Sampler.
   8. If the first set of DNA Samples do not provide sufficient DNA, or if there is a contamination issue that cannot be rectified, ABTG will send out an additional testing kit and re-perform testing and analysis. This may incur a fee. In the very rare cases where this still results in a low level of accuracy the Purchaser and Nominated Person shall accept this lower level of accuracy reported. ABTG will not be held liable for any delay in the delivery of the test or service due to retesting.
   9. In the case of certain rare DNA mutations it may not be possible to obtain results at an extremely high level of accuracy, in such cases the Purchaser and Nominated Person shall accept a test result of lower accuracy.
   10. The Purchaser accepts that all tests and test results are subject to the scientific limitations of the test used. ABTG shall not be liable due to further knowledge gained within the genetic testing industry.
   11. The Purchaser agrees to notify ABTG of the purpose of the test or service ordered in writing on the application form. ABTG accepts no liability for the test or service failing to meet the Purchaser’s intended purpose if the Purchaser fails to inform us of this purpose. In such cases ABTG shall be under no obligation to refund the Purchaser on the grounds of fitness for purpose.
   12. ABTG is not providing medical advice and is not a health service provider. 
   13. The Purchaser acknowledges that ABTG’s home kinship and home parentage (paternity and maternity) tests are for personal information and peace of mind only and are not legal tests. They are not intended for use in a Court of Law.
   14. All other tests and services offered by ABTG can be used in legal proceedings. However, ABTG requires prior notification if a particular test or service will be used in any legal proceedings / in a Court of Law.
   15. In the event that ABTG is required to provide an affidavit, or expert evidence in a Court of Law, an hourly rate plus expenses shall apply.
   16. It is the Purchaser’s responsibility to ensure that all local laws and regulations are complied with at their cost. Unless otherwise agreed in writing by ABTG. The tests and services may be suitable for utilisation out of the jurisdiction of Australia, but ABTG is unable to provide any warranty of any kind which may be imposed in countries other than Australia.
   17. Purchasers agree to apply for, provide Samples, supply all requested information, and use the test or service ordered as well as any results or reports, in a legal and ethical manner. ABTG shall not be liable for any such failure by the Purchaser or any other person.
   18. The Purchaser accepts that DNA profiles may be used anonymously for statistical purposes.
   19. When completing our application form you will be asked to provide a password, which is to be used if you call us about your test. The Purchaser or Nominated Person agrees to ensure the security and confidentiality of their Password. The Purchaser and/or Nominated Person will be responsible for any activities conducted using the password. ABTG accepts no liability for such activities including any breach of privacy. You must inform ABTG immediately if you suspect that your password’s security or confidentiality has been breached.
   20. The Purchaser agrees to pay a fee of $25 for dishonoured cheques.
7. Guarantee and Refund Policy
   1. ABTG guarantees a minimum paternity test accuracy of 99.9999% for both father and child paternity tests, and father, mother and child paternity tests. This guarantee applies to Standard Samples, which are samples collected on the swabs and FTA cards supplied by ABTG and collected in accordance with our instructions.
   2. Except as outlined in our guarantee, tests and services will not be refunded except as required by law.
   3. In the extremely unlikely case of a fault, inaccuracy, error or omission, ABTG shall offer retesting or a refund of the price paid for the test or service, provided that the error or omission is notified to ABTG within 90 days of delivery of the test kit.
   4. The Purchaser accepts that due to the indirect nature of broader relationship testing (e.g. aunt to nephew testing), a conclusive result is not always possible. An inconclusive test result will not be grounds for a refund.
8. Suspension or Termination
   1. ABTG reserves the right to suspend the order, with no further obligation by ABTG to the Purchaser, if the Purchaser fails to provide Samples, completed forms, required documentation or any information required to perform the test or service, within 3 months. However, the order may be reinstated by ABTG upon receipt of a reactivation fee of $50. The Purchaser accepts that new Samples may be required in some instances.
   2. ABTG reserves the right to terminate the contract, and cancel the test or service, if the Purchaser has not paid for the test or service in full within 3 months of the order.
   3. ABTG reserves the right to cancel the test or service, at our discretion, if we have reason to believe:
      1. that the Purchaser has breached these Terms and Conditions, or
      2. that it is not in the best interests of ABTG to complete the test or service.
9. Limitation of Liability
   1. To the fullest extent allowed by law, all implied conditions or warranties shall be excluded from these Terms and Conditions.
   2. To the fullest extent allowed by law, the liability for consumer guarantees that cannot be excluded, shall be limited, at ABTG’s option, to the price paid for the test or service, re-performing the test or service or the cost of having the test or service supplied again.
   3. To the fullest extent allowed by law, ABTG will not be liable to you or anyone else for any loss or damage, whether direct or indirect, as a result of:
      1. providing a test or service
      2. your use of the results or report
      3. the operations of the company
      4. any act, or failure to act, by ABTG, or
      5. caused by ABTG in any other way

      In cases where liability cannot be excluded, liability shall be limited to the price paid for the test or service.

   4. ABTG will not be held liable for any errors or omissions due to:
      1. any breach of these Terms and Conditions
      2. sampling and Sample submission errors including a failure to:
         1. collect sufficient DNA
         2. correctly label the Samples
         3. prevent Sample contamination
         4. store the Samples as instructed, or
         5. correctly and promptly send the Samples to ABTG
      3. incomplete or incorrect information supplied to ABTG by the Purchaser or any other party, or
      4. the Purchaser, or any other party, failing to follow any of our instructions.
   5. ABTG shall not be liable for any loss or damage, or, for late delivery or for failure to deliver, due to acts of God or other circumstances beyond our control.
10. Disposal of Samples

    Any Samples received for testing, being on swabs other than those supplied by ABTG, or any Samples deemed by ABTG to have been damaged, or where the Sample integrity has been potentially compromised, may be destroyed by ABTG without reservation. Once the test report has been supplied ABTG reserves the right to destroy all Samples after a period of three months.

11. Copyright and Intellectual Property

    The copyright to all content on this website and all of ABTG’s documents is owned by ABTG or other (third) parties. ABTG reserves all rights. The contents of the website and ABTG’s documents are for personal use only and may not be altered, or fully or partially reproduced, transmitted or redistributed.

12. Governing Law

    These Terms and Conditions are governed by and construed according to the laws of the State of Victoria, Australia. You agree to the exclusive jurisdiction of the courts of the State of Victoria, Australia. In the event that a term or condition is fully or partially void or unenforceable, the validity and enforceability of the remainder of the Terms and Conditions shall not be affected.