Lumi Health Terms and Conditions

Effective date: 24 August 2026

1. Definitions

“Genetic Information” means information relating to your genetic characteristics which result from the analysis of your Sample, such as genotype, sequence, variant, and genetic test result information. Genetic Information is treated as Sensitive Information and, depending on the context, may also constitute health information.

“DNA Laboratory” means a laboratory, pathology provider or other service provider engaged by Lumi to collect, transport, process, analyse, store or report on a Sample or Genetic Information, including laboratories located in Australia and, where disclosed in the Privacy Policy or Product Terms, overseas. Lumi may change laboratories or service providers where reasonably required to provide the Services. Lumi will only disclose Personal Information and Genetic Information to DNA Laboratories to the extent reasonably necessary to provide the Services or otherwise permitted by applicable law, and as described in the Privacy Policy. 

“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.

“You” or “your” means the customer who accesses or uses the Services or orders a Service. Where a provision relates to a Sample, Genetic Information or a health service, it refers to the individual to whom that Sample, Genetic Information or health service relates, unless the context states otherwise. Where a Service involves more than one individual, each individual must separately provide any consent required for their information and Sample.

“Personal Information” means information or an opinion about an identified individual, or an individual who is reasonably identifiable either alone or in combination with other information. Lumi collects and holds the categories of Personal Information described in our Privacy Policy, which may include your name, date of birth, contact details, email address, Medicare information, payment and transaction information, and health information. Some of this information is Sensitive Information (including health information and Genetic Information), which Lumi collects only with your consent, unless collection is otherwise required or permitted by law.

“Sensitive Information” means Personal Information that receives additional protection under applicable privacy law, including health information and Genetic Information. 

“Privacy Policy” means Lumi’s privacy policy, as amended from time to time and available on the website here: https://www.lumihealth.com.au/privacy-policy 

“Product Development” means activities performed to develop or materially improve the Services. It does not include routine testing or quality assurance necessary to provide the Service you requested. Lumi will not use identifiable or reasonably identifiable health information or Genetic Information for Product Development, unless you have given separate consent or the use if otherwise required or permitted by law. 

“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).

“Sample” means any biological specimen supplied to Lumi or a DNA Laboratory, including a cheek-swab sample. 

“Service” or “Services” means Lumi Health Carrier Screening Test, Prenatal Wellness Test, products, software, services, consultation and website as accessed from time to time by you.

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 and Conditions. In order to use the Services, you must first agree to the Terms and Conditions. You may not use the Services if you do not accept the Terms and Conditions. You can accept the Terms and Conditions by (1) clicking to accept or agree to the Terms and Conditions, 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 Terms and Conditions from that point onwards.

3. Prerequisites

You must be eighteen (18) years of age or older to purchase, register for, access or use any Service, excluding general access to publicly available content on the website. 

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 our 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, its 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 it 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.

A negative or low chance result does not eliminate the possibility that you, your reproductive partner or a future child may have, develop or be affected by a genetic condition. A positive or increased chance result does not by itself diagnose a condition, predict all health outcomes, or determine the health of a future child.

Results may have medical, reproductive, emotional or family implications. You should consider obtaining advice from an appropriately qualified healthcare practitioner or genetic counsellor before making significant medical, reproductive or lifestyle decisions based on a report.

6. User Representations

By accessing Lumi Services, you agree to, acknowledge, and represent as follows:

1.     You authorise Lumi, its DNA Laboratory, and service providers it engages, to process your Sample and Genetic Information as necessary to perform your selected genetic test and provide the Service, subject to the separate consent you provide for genetic testing and the handling of your Genetic Information.  You also request that Lumi disclose the results of analyses performed on your Sample to you and, where you separately authorise us to do so, to your nominated healthcare professional or other authorised recipient.

2.     You represent that you are eighteen (18) years of age or older if you are purchasing, registering for, accessing or using any Service, excluding general access to publicly available content on the website.

3.     You represent that any sample you provide is your own or is provided with lawful authority. Where a Service involves a reproductive partner or another adult, that person must separately register with Lumi and provide any consent required before Lumi processes their Sample or Genetic Information. For couple-based testing, each member of the reproductive couple must also consent to the linking of their records and to the generation and disclosure of the combined couple report, as described in the applicable consent materials.

4.     You understand that all your Personal Information will be processed as described in our Privacy Policy.

7. Acceptable use and prohibited conduct

To access and fully utilise the Services, you may be prompted to register and provide your Personal Information.

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 website which occur under your login and password.

You are responsible for the content of all information entered on this website.

7.1 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.

7.2 Personal and Non-Commercial Use Only

The Services, including all content, genetic reports, data, and access to our online platform or website (collectively, the Services), are provided strictly for your personal, non-commercial, and informational use only. You must not exploit, reproduce, duplicate, copy, sell, resell, or commercialise any portion of the Services, access to the Services, or any content or data obtained through the Services without our prior written consent.

7.3 Prohibited Conduct

When accessing or using our Services, you agree that you will not, and will not permit or assist any third party to:

• Exploitation of Services: Use the Services for any commercial purpose, including resale, clinical trial recruitment, data scraping, market research, or training artificial intelligence or machine learning models, without our express written agreement.
• Infringement and Violation of Rights: Use the Services in a manner that infringes, misappropriates, or violates the intellectual property, privacy, confidentiality, or other legal rights of any individual, entity, or third party under Australian law or any other applicable jurisdiction.
• Impersonation and Misrepresentation: Impersonate any person or entity, misrepresent your identity, age, authority, or affiliation with any person or organisation, or submit genetic material, personal information, or medical history that belongs to another individual without their explicit, verifiable legal consent.
• Service Disruption and Technical Interference: Use the website or platform in any manner that could disable, overburden, damage, impair, or interfere with the proper working of our systems, networks, or servers, or disrupt another user’s enjoyment of the Services. This includes, without limitation: a) Uploading or transmitting viruses, trojan horses, malware, or other malicious code; b) Attempting to gain unauthorised access to any accounts, systems, databases, or networks connected to the Services; c) Using automated software, bots, spiders, scrapers, or other tools to collect, access, or extract data from the website or Services.
• Unlawful or Fraudulent Purpose: Use the Services for any fraudulent, unlawful, or unauthorised purpose, or in violation of any applicable Australian Commonwealth, State, or Territory laws or regulations.

7.4 Account Suspension and Termination

We reserve the right, acting reasonably, to investigate and take appropriate action against any suspected breach of this clause. This includes suspending or terminating your account, denying access to genetic testing or reports, and reporting unlawful conduct to relevant law enforcement or regulatory authorities without prior notice.

7.5 Australian Consumer Law Safeguards

Nothing in this clause excludes, restricts, or modifies any consumer guarantees, rights, or remedies to which you are entitled under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) that cannot be excluded, restricted, or modified by agreement.

8. Your Privacy and Personal Information

Lumi handles your Personal Information as described in the Privacy Policy. By registering for or using the Services, you acknowledge that you have had access to and the opportunity to read the Privacy Policy. Where separate consent is required, including for genetic testing or the collection and handling of Sensitive Information, Lumi will obtain that consent through the applicable consent materials.

9. Intellectual Property Rights

All intellectual property rights in the Services, Site, Lumi Health Patient Portal, software, content, logos, trademarks, report layouts, algorithms, and technical processes (collectively, the "Lumi IP") are owned by or licensed to Lumi Health. Except for the personal license granted to you under these Terms to view your results, nothing in these Terms transfers to you any right, title, or interest in or to the Lumi IP. You must not copy, modify, distribute, reverse engineer, or create derivative works from any part of the Services or Lumi IP without our express written consent.

10. 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 legal costs, made by any third party due to or arising out of User Content you submit, post to, or transmit through the Service; your violation of the Terms and Conditions; or your violation of any rights of another.

If you choose to disclose your genetic test results or Genetic Information to a third party that is not acting on Lumi’s behalf, Lumi, its DNA Laboratory, and their respective employees, contractors, successors, and assigns are not responsible for such third party’s subsequent use, handling, or disclosure of that information.

This clause does not apply to the extent that a loss arises from Lumi’s negligence, breach of these Terms, breach of law or failure to exercise due care and skill. 

11. 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 (1) modifications may result in a delay in computations for some of the Lumi features or Services, and (2) Lumi shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services. We will endeavour to provide advanced notice where possible of any modifications that may result in a delay, suspension or discontinuation of a service.

Lumi may change, suspend or discontinue a Service where reasonably required for clinical, scientific, legal, safety, technical or operational reasons.

If a material change affects a Service you have already purchased and the change materially reduces the Service before testing has commenced, Lumi will give you reasonable notice and offer an appropriate remedy, which may include a refund, credit, alternative service or the option to cancel.

If a change materially affects how Lumi handles Personal Information, the purposes for which it is handled, likely recipients or overseas processing, Lumi will provide updated privacy information and obtain any additional consent required before applying the change to that processing.

Nothing in this clause limits your rights under the Australian Consumer Law.

12. Statutory Consumer Guarantees

Nothing in these Terms excludes, restricts, or modifies any condition, warranty, guarantee, right, or remedy implied or imposed by law, including the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)), that cannot be lawfully excluded, restricted, or modified. Where our liability under any non-excludable statutory guarantee cannot be completely excluded but may be limited, our liability is limited (at our option and to the maximum extent permitted by law) to re-supplying the Services or paying the cost of having the Services re-supplied.

13. Disclaimer of Warranties

You expressly acknowledge and agree that:

1. Subject to clause 12, and except for any consumer guarantee or other right under the Australian Consumer Law that cannot lawfully be excluded (none of which is excluded, restricted or modified by this clause), 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, any warranties implied by law, except to the extent they cannot lawfully be excluded.
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 Terms and Conditions.
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

Subject to clause 12, and except for liability that cannot lawfully be excluded (including under the Australian Consumer Law), and to the maximum extent permitted by law, 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 and Conditions

Lumi may make changes to the Terms and Conditions from time to time. When these changes are made, Lumi will make a new copy of the Terms and Conditions 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 Terms and Conditions have changed, Lumi will treat your use as acceptance of the updated Terms and Conditions, to the extent permitted by law. Continued use will not be treated as consent where a separate privacy or genetic-testing consent is required. Lumi will provide updated privacy information and obtain any additional consent required for materially new handling of Personal Information, where required by applicable laws.

16. Website Terms

 Your use of the website and Patient Portal may involve cookies, analytics and similar technologies. Personal Information collected through these technologies, including device and usage information, is handled as described in the Privacy Policy and any applicable Cookie Policy. Some technologies may be provided by third-party service providers and may involve overseas processing or disclosure. Where consent is required for a particular technology or use, Lumi will obtain it before that processing. Available cookie or tracking choices are described in the applicable privacy or cookie settings.

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. Force Majeure

Neither party will be liable for any failure or delay in performing its obligations under these Terms (other than an obligation to pay money) if such failure or delay is caused by events, circumstances, or causes beyond its reasonable control. Such events include, but are not limited to, acts of God, natural disasters, epidemics or pandemics, government restrictions, industrial disputes, major failure of public utility or telecommunications services, third-party laboratory closures or delays, or postal and courier transport disruptions ("Force Majeure Event"). Lumi will use reasonable endeavours to notify you and minimise the impact of any Force Majeure Event on the delivery of your Services.

18. Severability & Entire Agreement

If any part of these Terms is found to be invalid, illegal, or unenforceable by a court, only that specific part will be removed. The rest of the Terms will remain in full force and effect.

These Terms and Conditions, along with our Privacy Policy and any product-specific terms and consent materials, make up the entire agreement between you and Lumi Health. They replace any previous agreements, promises, or communications (whether written or spoken) regarding your use of our Services.

19. Governing Law and Disputes

These Terms are governed by and construed in accordance with the laws of the State of Victoria, Australia, without regard to conflict-of-law principles. Before commencing formal legal proceedings, you and Lumi agree to attempt to resolve any dispute in good faith through mediation.

Service Specific Terms and Conditions

• Carrier Screening
• Prenatal Wellness
• Lumi Health Gift Cards