How these terms are structured 

Defined terms used throughout. “FxGroup”, “we”, “us” or “our” means the FxGroup company you are contracting with for a particular order or account (the “Contracting Entity”), as identified on the relevant website, application form, invoice or order confirmation. Each Contracting Entity contracts with you separately. The Contracting Entities are: 
RN Labs Pty Ltd, a company incorporated in Australia (ABN: 57 154 338 226), trading as RN Labs. 

Applicable law follows the Contracting Entity. Where the Contracting Entity is a New Zealand company, references to privacy, consumer and securities law are to New Zealand law (including the Privacy Act 2020, the Consumer Guarantees Act 1993, the Fair Trading Act 1986 and the Personal Property Securities Act 1999). Where the Contracting Entity is an Australian company, references are to Australian law (including the Privacy Act 1988 (Cth), the Australian Consumer Law, and the Personal Property Securities Act 2009 (Cth)). The governing law and jurisdiction clause sets this out in full. 

 RN Labs Terms and Conditions

These terms govern the supply of practitioner-only products, functional testing services and related platforms to qualified healthcare practitioners and, where applicable, to their patients.  

1. About these terms 

1.1 These terms apply to every account opened with us, and every order or sale made by us, in connection with our practitioner-only products, functional testing services, test result portals and related websites and platforms (the “Services”). 

1.2 By opening an account, registering, placing an order, submitting a sample, or otherwise using the Services, you agree to these terms. If you are accepting these terms on behalf of a clinic, practice or other organisation, you confirm that you are authorised to bind that organisation. 

1.3 These terms apply to the exclusion of any terms you seek to impose, and prevail over any inconsistent term in a purchase order or other document you provide. 

2. Definitions 

2.1 In these terms: “Practitioner” means a qualified and practising healthcare practitioner who holds an approved account; “Patient” means an individual to whom a Practitioner supplies products or testing services; “Goods” means products supplied by us; “Testing Services” means functional pathology and related testing we arrange or facilitate; “Personal Information” has the meaning given under applicable privacy law; “AI Tools” has the meaning given in clause 17; and “Schedule” means the Schedule of Account Terms at the end of these terms. 

3. Acceptance and changes to these terms 

3.1 We may amend these terms from time to time. We will publish the current version on our websites and, where the change is material, take reasonable steps to notify account holders. Changes apply to orders placed after the updated terms take effect, and your continued use of the Services after that time constitutes acceptance. 

4. Practitioner accounts and practitioner-only supply 

4.1 Our products and Testing Services are practitioner-only. They must be prescribed or recommended to a Patient by a fully qualified and practising healthcare practitioner in the context of a genuine consultation. 

4.2 To obtain and keep an account you must satisfy our eligibility criteria, including evidence of: tertiary-equivalent education in an ingestible clinical modality that includes training in clinical nutrition; and, for Australian accounts, current membership of an appropriate health professional association or a relevant TGA exemption. We may approve, decline or revoke account eligibility at our discretion. 

4.3 Practitioner-only products must not be displayed in a retail setting or sold online except as expressly permitted by us in writing and in accordance with our then-current internet and in-store policies. We may withdraw supply where products are stored, displayed or sold inappropriately. 

5. Orders, pricing and GST 

5.1 All orders are subject to acceptance and product availability. Prices are as shown at the time of order and are exclusive of GST unless stated otherwise. We may correct pricing errors and withdraw or change products at any time before acceptance. 

5.2 Order cut-off times and dispatch timeframes are set out in the Schedule. 

6. Payment and credit 

6.1 Payment terms, credit-card surcharges and late-payment interest are as set out in the Schedule. We may withdraw or vary credit facilities at our discretion. 

6.2 We may withhold Goods and/or test results until payment has been received in full in cleared funds. 

7. Title and risk 

7.1 Risk in Goods passes to you on delivery. Title in Goods does not pass to you until we have received payment in full, in cleared funds, of all amounts you owe us on any account. 

7.2 Until title passes, you hold the Goods as bailee, must store them so they are identifiable as ours, and we may enter premises where we reasonably believe the Goods are located to recover them. 

8. Personal Property Securities (PPSA) 

8.1 These terms create a security interest in the Goods and their proceeds in our favour under the Personal Property Securities Act 1999 (NZ) or the Personal Property Securities Act 2009 (Cth), as applicable. You agree to do anything reasonably required to enable us to register and perfect that security interest with priority. 

8.2 To the extent the law allows, you waive your right to receive a verification statement or financing statement, and you contract out of the enforcement and other provisions that may lawfully be excluded under the applicable PPSA. 

9. Default and debt recovery 

9.1 If you fail to pay on time we may suspend supply, charge late-payment interest as set out in the Schedule, and recover from you on a full-indemnity basis all costs of recovery, including legal costs (solicitor and own client), collection agency fees and dishonour fees. 

10. Personal guarantee 

10.1 Where required as a condition of credit, the individual(s) signing the account application personally and unconditionally guarantee payment of all amounts owing by the account holder. This is a continuing guarantee and survives changes to the account. We may pursue a guarantor independently of, or together with, action against the account holder. 

11. Credit reporting authorisation 

11.1 You and any guarantor authorise us to collect, hold, use and disclose information about you for the purposes of assessing creditworthiness, obtaining or providing a credit reference, debt collection, and notifying default, including to and from credit providers and credit reporting agencies. Where you are an individual, these are authorisations and consents for the purposes of applicable privacy law. 

12. Delivery, freight and dispatch 

12.1 Freight charges, free-freight thresholds and dispatch arrangements are set out in the Schedule. Delivery timeframes are estimates only and we are not liable for delays outside our reasonable control. Goods damaged in transit must be kept intact with their packaging and reported to us immediately. 

13. Functional testing and samples 

13.1 You acknowledge that sample collection, return logistics and laboratory processing (including by offshore laboratories) involve timeframes and risks outside our control, including delivery delays, customs inspections and extreme weather, which may affect sample viability. Where a sample is not viable for reasons within our responsibility, a recollection may be arranged at no additional cost. 

13.2 It is the responsibility of the Practitioner and (where applicable) the Patient to complete requisition forms in full and accurately, to follow test-kit instructions, and to ensure details match the sample. We are not liable for outcomes resulting from incorrect, missing or mismatched information, and a resubmission may incur additional cost. Refund windows and sample submission timeframes are set out in the Schedule. 

13.3 Test results are released only to the ordering Practitioner (or, with the Patient’s written authorisation, to an alternate practitioner). We do not provide results, clinical interpretation, or healthcare advice directly to Patients. 

14. Product returns, credits and faulty goods 

14.1 Refunds or credits for products are available only where the product is faulty, was supplied in error, or was damaged in transit. You must notify us, and return the product, within the windows set out in the Schedule. Products arriving back damaged due to improper return packing will not be credited. 

14.2 No change-of-mind or over-ordering refunds. We do not offer refunds, returns or exchanges for change of mind, or where products were over-ordered (including because of later changes a practitioner makes to a patient’s treatment plan or authorisation). 

14.3 Expiry dates. Product expiry dates are shown at the point of order; please check them when ordering. We do not offer refunds, returns or exchanges based on product expiry dates. 

14.4 This clause is subject to clause 22.1 — nothing in it limits any consumer guarantee or other right that cannot lawfully be excluded, including for products acquired for personal use. 

 15. Practitioner duty of care 

15.1 It remains the Practitioner’s professional duty of care to determine which tests and products are appropriate, to oversee testing, to interpret results, and to advise their Patient. All communication with a Patient required to facilitate the appropriate use of products and Testing Services remains the Practitioner’s professional responsibility. 

15.2 Information we make available is provided to educate and support Practitioners, not to diagnose or treat. We do not provide health or product advice to Patients and accept no liability for clinical decisions, which rest with the Practitioner. 

16. Patient orders and Practitioner warranties 

16.1 Where a Practitioner places an order, submits a sample, or uploads or provides information relating to a Patient, the Practitioner warrants to us that they have: 

(a) a genuine practitioner-patient relationship with the Patient and authority to act on the Patient’s behalf in dealing with us; 

(b) obtained all consents and authorisations necessary for the collection, use, disclosure, offshore transfer and AI-assisted processing of the Patient’s information as described in clause 17 and our Privacy Policy; and 

(c) informed the Patient of that processing. 

16.2 The Practitioner indemnifies us against any claim, loss, cost or liability arising from a breach of the warranties in clause 16.1, including any claim by a Patient. 

17. Use of data, analytics and artificial intelligence 

17.1 AI is integral to the Services. We use artificial intelligence, machine learning and automated data-analysis tools, including tools provided by third parties and offshore processing partners (“AI Tools”), as an integral part of how we deliver, support and improve the Services. This includes: supporting the analysis and interpretation of functional test results; preparing draft reports, summaries and recommendations for Practitioner review; customer support; order processing, logistics, demand forecasting and fraud prevention; quality assurance; and product, service and operational improvement. 

17.2 No separate non-AI service. The Services are provided on the basis that AI Tools form part of their delivery. We do not offer a version of the Services that excludes AI-assisted processing. By opening an account, placing an order, submitting a sample or otherwise using the Services, you accept the use of AI Tools as described in these terms and our Privacy Policy. 

17.3 Human oversight; not a medical device. AI Tools support decision-making; they do not replace it. We do not use AI Tools to make solely automated decisions that produce legal or similarly significant effects on an individual without human involvement. AI-generated outputs are not medical advice, are not a diagnosis, and are not a substitute for the professional judgement of the prescribing Practitioner, who remains solely responsible for all clinical decisions and for reviewing and verifying any AI-assisted output before relying on it. 

17.4 De-identification and security. Wherever practicable, Personal Information is de-identified or anonymised before being processed by an AI Tool. We do not input identifiable personal or sensitive information into publicly accessible AI systems (such as the public versions of consumer generative-AI tools). Where AI Tools are provided by third parties, we require by contract that they protect Personal Information and do not use it to train or improve their own underlying models. 

17.5 Offshore processing. You acknowledge and agree that AI processing and related data analysis may occur outside New Zealand and Australia, including in jurisdictions where our laboratories and technology providers are located. We take reasonable steps to ensure overseas recipients protect Personal Information to a standard consistent with applicable privacy law. 

17.6 Consent through the Practitioner. Consent to the processing described in this clause for Patient information is obtained and managed through the Practitioner under clause 16. The Services do not provide a separate Patient-facing opt-out from AI-assisted processing; a Patient who does not wish their information to be processed in this way should not proceed with the relevant product or Testing Service through their Practitioner. 

17.7 Statutory rights preserved. Nothing in these terms limits any right an individual has under applicable privacy law that cannot lawfully be excluded, including the right to request access to, or correction of, their Personal Information. Such requests may be made to [email protected]. 

18. Privacy 

18.1 We collect, use, hold and disclose Personal Information in accordance with our Privacy Policy and applicable privacy law. By using the Services you agree to our Privacy Policy, which forms part of these terms. 

19. Regulatory compliance 

19.1 You are responsible for ascertaining and complying with all regulatory requirements that apply to your receipt, possession, prescribing, use and supply of Goods and Testing Services, including (in Australia) Therapeutic Goods Administration requirements and (in New Zealand) Medsafe and related requirements. 

20. Resale and redistribution 

20.1 Goods supplied to a Patient on a Practitioner’s authorisation are for that Patient’s personal use and must not be on-sold, redistributed or supplied to third parties. Practitioner-only Goods must not be made available through unauthorised retail or online channels. 

21. Intellectual property 

21.1 All intellectual property in the Services, our websites, platforms, reports, templates and materials remains ours or our licensors’. You are granted a limited, revocable, non-transferable licence to use them solely for the purpose of using the Services. You must not copy, scrape, reverse engineer, or use them to develop a competing product or to train any machine-learning model. 

22. Limitation of liability and consumer law 

22.1 Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy that cannot lawfully be excluded, including under the Australian Consumer Law or the New Zealand Consumer Guarantees Act 1993 (the “non-excludable rights”). 

22.2 Business supply / contracting out. Where you acquire Goods or Services for the purposes of a business, you agree that: (a) under New Zealand law, the Consumer Guarantees Act 1993 and the relevant provisions of the Fair Trading Act 1986 do not apply, and it is fair and reasonable to contract out of them; and (b) under Australian law, to the extent permitted by section 64A of the Australian Consumer Law, our liability for failure to comply with a consumer guarantee is limited, at our option, to replacing or repairing the Goods, resupplying the Services, or paying the cost of doing so. 

22.3 Exclusion of indirect loss. To the maximum extent permitted by law, and other than for the non-excludable rights, we are not liable for any indirect, special or consequential loss, or for loss of profit, revenue, goodwill, data, or clinical or business opportunity, however arising. 

22.4 Liability cap. To the maximum extent permitted by law, and other than for the non-excludable rights, our total aggregate liability arising out of or in connection with the Services and these terms is limited to the amount you paid us for the relevant Goods or Services in the twelve (12) months before the event giving rise to the liability. 

22.5 AI outputs. To the maximum extent permitted by law, we are not liable for any loss arising from reliance on AI-assisted outputs, which are provided as support tools only and are subject to the Practitioner’s independent professional review under clauses 15 and 17. 

23. Indemnity 

23.1 You indemnify us against all claims, losses, costs and liabilities arising from: your breach of these terms; your or your Patients’ use of the Goods or Testing Services; any clinical decision or advice you give; your breach of any law or regulatory requirement; and any breach of the warranties in clause 16. 

24. Force majeure 

24.1 We are not liable for any failure or delay in performing our obligations caused by events beyond our reasonable control, including natural events, disease outbreaks, transport or supply-chain disruption, failure of laboratories or third-party providers, and changes in law. 

25. Suspension and termination 

25.1 We may suspend or close your account, or decline or cancel orders, where you breach these terms, fail to meet eligibility requirements, fail to pay, or provide false or misleading information. Accrued rights and clauses intended to survive termination (including clauses 7–11, 16–18 and 21–23) continue after termination. 

26. General 

26.1 Governing law. Where the Contracting Entity is a New Zealand company, these terms are governed by New Zealand law and the New Zealand courts have non-exclusive jurisdiction. Where the Contracting Entity is an Australian company, these terms are governed by the law of Queensland, Australia, and the courts of Queensland have non-exclusive jurisdiction. 

26.2 Severability. If any provision is or becomes unenforceable, it is severed to the minimum extent necessary and the remaining provisions continue in force. 

26.3 Waiver and assignment. A failure to enforce a right is not a waiver of it. You may not assign these terms without our consent; we may assign or novate to another FxGroup entity. 

26.4 Entire agreement. These terms, the Schedule and our Privacy Policy are the entire agreement between us and supersede prior discussions and terms. 

 

Schedule of Account Terms 

The commercial account terms below differ between companies. Where a clause in these terms refers to the Schedule, the applicable figures are those shown here. Student and other special accounts may vary by separate agreement. 

Account term	RN Labs
Payment (on account)	Due within 30 days of end of month of supply
Credit card surcharge	By arrangement
Late payment interest	2% per month
Free freight threshold	Orders over A$200 (ex GST)
Freight under threshold	$14.50 (+GST)
Order cut-off	12:00pm QLD time
Return request window	Within 2 days of receipt
Return delivery window	Returned within 7 days
Test refund (unsubmitted)	Within 30 days of kit order (handling fee non-refundable)
Sample submission window	Within 12 months of purchase date