Terms and Conditions

Introduction

Clear Labs Pty Ltd ACN 687 553 653 (“Clear Labs”, “us”, “ours”) provides a healthcare coordination and facilitation pathology platform designed to improve access to pathology for Australians available at https://clearlabs.com.au/ (“Platform”) and as well as a bundled diagnostic workflow service (“Services”). The Platform and Services will be referred to herein as the Services. The Services may include pathology test coordination, sample collection access, laboratory processing and analysis, clinical review and oversight, results coordination and delivery and other administrative and operational services relating to services.

An allied health or health care provider such as a naturopath, dietitian and/or nutritionist is referred to herein as a “Provider”.

By engaging us, accessing or benefiting from our Services or accessing the Platform you hereby accept these Terms and Conditions.

These Terms and Conditions may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms and Conditions.

Services

We provide the Services.

Certain Services may involve review or oversight by an appropriately qualified Australian medical practitioner or healthcare professional, who may assess the information provided and determine the appropriate pathology requests, clinical requirements, or services in accordance with applicable professional standards, Clear Labs' clinical governance framework, patient safety and quality assurance obligations, and all applicable regulatory requirements. These processes are undertaken under the oversight and clinical direction of Clear Labs' Chief Medical Officer.

You may be granted access to the Platform as part of our provision of the Services to you. We are not a healthcare provider. Our services are limited to providing assistance as the coordinating entity across this workflow, managing test requests, payments, clinical review, and results distribution.

Access to the Services is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We may, at any time, enhance and/or alter the features of the Services at our sole discretion and without notice to you. We will not be liable if for any reason the Services and/or Platform is unavailable at any time or for any period.

We reserve the right to monitor your use of the Platform, through cookies and other means, for the purpose of obtaining insights about how users use the Platform and ensuring you are complying with these Terms and Conditions.

Your Obligations

You permit us to share information you submit to Clear Labs (via the Platform, a Clear Labs representative, or otherwise) with a Provider as part of us providing the Services to you.

You must:

• warrant that you are at least 18 years old;
• ensure that the details you provide to us about yourself are true, accurate and complete;
• comply with any terms, conditions and policies published by us on the Platform or notified to you in connection with the Services;
• promptly follow all directions from us in respect to your conduct in connection with the Services;
• familiarise and follow any of the policies published by us at all times in connection with provision of the Services;
• at all times in dealings with us, clients of ours, partners, sponsors, suppliers and contractors conduct yourself in a manner that protects and enhances our reputation;
• comply with all applicable laws and regulations when using the Platform and/or receiving the Services; and
• bear all costs and expenses related to your use of the Platform and the Services.

You must not:

• impersonate others;
• misrepresent your affiliation with others;
• post reviews or commentary to promulgate deceptive or offensive or extreme opinions or any other illegal, malicious or deceptive activities;
• use any automated device, software or process to access, retrieve, scrape or index our platform or any content on our Platform;
• interrupt or attempt to negatively impact, interfere or alter the operation or security of the Platform in any way;
• use the Platform in a way that violates applicable laws, that violates the intellectual property rights or other rights of us or others, or that is fraudulent, obscene, unprofessional, offensive, misleading or defamatory;
• licence, sell, rent, lease, transfer, assign or otherwise commercially exploit, or otherwise make the Platform available to any third party;
• reverse engineer, decompile or disassemble the Platform or use the Platform to develop a solution that is the same or substantially similar to the Platform;
• undertake any action that will impose a burden or make excessive traffic demands on our infrastructure that we deem, in our sole discretion, to be unreasonable or disproportionate site usage; and
• attempt to gain unauthorised access to any part of the Services or Platform, other accounts, computer systems, or networks connected with our Services.

Fees and Payment

The fees payable by you are determined in consideration of the provision of the Services as a bundled diagnostic workflow and healthcare coordination service. Accordingly, in consideration for the provision of the Services you must pay us the fees, as notified to you in our invoice and/or payment order. Following notice from your Provider, we will send you an SMS to your mobile phone with a payment link for the fees payable.

You must pay the total fees to us before we may process your order.

You acknowledge and agree that the fees relate to the provision of the Services as a whole and are not determined by the funding status, reimbursement status or billing arrangements applicable to any individual pathology service. Any fees paid are strictly nonrefundable. We retain the right to vary our fees from time to time.

We engage a third-party online payment facilitator to enable the payment of fees from you without us collecting or storing your financial information or payment details. In order to receive payment, you may be required to set up an account with the third-party online payment facilitator as it will be through this account that we pay amounts owed to you. We are not responsible for and make no promise about the quality of the payment facilitator or the benefit to be derived from use of the payment facilitator's services.

Unless stated otherwise, all fees are exclusive of GST and any other similar taxes or levies. All fees are inclusive of GST.

We will send you an invoice or payment confirmation when you pay the fees to the email address or mobile phone number specified by you or provided to us by your Provider.

If you do not pay the fees on the due date, we reserve the right to charge you a late fee or refuse to provide the Services to you. This will also be considered a late payment and deemed a breach of these Terms and Conditions and we have the right to suspend or terminate your use of the Services.

Intellectual property

You acknowledge that we retain exclusive ownership and control of the intellectual property rights in all software and content (including photographic images) made available to you by us or in connection with our Services.

You hereby grant to us a royalty-free, worldwide, irrevocable, perpetual license to use and incorporate into the Services any general suggestions, enhancement requests, recommendations or other feedback provided by you.

You may store, print and display the content supplied solely for your own personal use.

Disclaimers

While we take all due care in providing the Services, we do not make any representation and do not provide any specific warranty, either express or implied, including without limitation warranties of merchantability or fitness for a particular purpose except as we are required to by the Australian Consumer Law. We make no representation nor warranty, and assume no legal liability or responsibility, that of the outcome of the Services or a specific outcomes in relation to the Services. We do not provide any medical or health related services and are not responsible for any diagnostics or pathology outcomes or errors in respect of such.

You acknowledge and agree that Clear Labs disclaims all and any guarantees, undertakings and warranties, expressed or implied, in the provision of the Services by any Practice or practitioner and is not liable for any loss or damage whatsoever (including personal injury or property damage caused by act, omission, negligence or otherwise, arising in any direct, incidental or consequential loss or damage) that arising out of, or in connection with the Services, or the use of the Platform to the fullest extent permitted by law.

You hereby release, discharge and hold harmless Clear Labs from all actions, proceedings, claims or liabilities brought against or made upon Clear Labs by you arising directly or indirectly with the provision of the Services whether in contract, tort (including negligence), breach of statutory duty or otherwise, on the part of Clear Labs. For the avoidance of doubt, this release extends to all directors, officers, employees, contractors, agents, representatives, licensees or permitted assigns of Clear Labs.

You acknowledge and agree that our obligations are limited to providing the Services to you. We are not responsible for undertaking the pathology testing or the clinical, medical or health related advice or services. You should always consult a qualified healthcare provider in connection with the Services and you agree to hold us harmless in relation to any loss or claim you may have in connection with the pathology related services and/or medical or healthcare advice.

We do not warrant that content, links or functionality on the Services will be available and accessible to you at all times. We will, to the best of our ability, ensure the our Services are available for access at reasonable times but are not responsible if you are not able to access the Services as a result of: (i) us undertaking preventative or remedial maintenance, or (ii) as a result of any circumstances beyond our control.

You acknowledge and agree that we may use artificial intelligence to provide personalised guidance, suggestions and assist us in providing the Services to you. The responses of the artificial intelligence are based on the information you provide and general knowledge and it is not a complete understanding of your unique circumstances. Artificial intelligence may occasionally make mistakes and it does not replace human judgment or professional advice.

Linking and Third Party Content

The Platform contains content provided to us by third parties and contains links to third party websites. Those third party websites do not form part of the Platform. We are not responsible for, and make no representations, either expressly or impliedly, concerning third party content contained on our platform or any linked third party website, and the conduct and privacy practices of the third parties. It is your responsibility to review the terms and conditions and privacy policies of any third-party websites before using them.

We have no control over or responsibility for anything on those websites, including medical or clinical information.

Any link to another website or information provided on the Platform about that website or services and products they offer, does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products or services which they provide.

Privacy and Data

We will handle any Personal Information (as defined in the Privacy Act 1988 Cth) in accordance with the Privacy Act 1988 (Cth), as amended from time-to-time and our Privacy Policy located at https://clearlabs.com.au/privacy-policy. By using or accessing our Services, you consent to the processing described the Privacy Policy and warrant that all data provided by you is accurate and current.

Using our Services will require you to provide us with information about yourself, your location, circumstances and other information which is not personal information (“Data”). Please note, you are not required or obliged to share any information with us that you are not comfortable in sharing. If you have any questions or concerns about what information you should be sharing with us you may contact us by email at support@clearlabs.com.au.

We use the Data you provide us to offer you a better experience using the Platform and enhance the Services.

You agree that you have obtained all necessary rights, releases, and permission to submit the Data and you hereby grant to us a perpetual, worldwide, non-exclusive, transferable licence to enable us to use the Data to provide the Services, improve the Services and share the Data with third-parties and for our own records.

Please note we may make the Data available to other companies, organisations, or individuals to use on a de-identifiable basis for research purposes and to enhance the provision of the Services to you and improve our Services. Please note that no compensation will be paid to you with respect to the Data that you submit on the Platform. You should only submit Data that you are comfortable sharing with others in accordance with these Terms and Conditions.

We have no obligation to monitor any content or Data uploaded by you. Nonetheless, if we deem that you have violated these Terms and Conditions, then we may exercise our right to terminate or suspend your access to the Services as set out in these Terms and Conditions.

Liability

We exclude liability for any of these things incurred (directly or indirectly) by you: loss of revenue, loss of earnings, loss of goodwill, loss of customers, loss of capital, damage to reputation, loss in connection with any other contract, loss of data, or indirect, Consequential Loss or special loss, cost, damage or expense of whatever nature (whether direct, indirect, incidental, consequential or otherwise).

You acknowledge that our obligations are limited to provision of the Services. We are not responsible for any medical, health or pathology related services.

To the maximum extent permitted by the law, our liability to you for any cause of action whatsoever and regardless of the form of the action, will at all times be limited to fees paid by you to us for the Services or the cost of having the Services supplied to you again, whichever is greater.

For the purposes of this section “Consequential Loss” means loss of revenue, loss of earnings, loss of anticipated savings or business, pure economic loss, loss of data, loss of value of equipment (other than the cost of repair), loss of opportunity or expectation loss and any other form of consequential, special, indirect, punitive or exemplary loss or damages.

Updates to the Terms and Conditions

We may modify these Terms and Conditions periodically by posting updated terms or conditions on our website. The Terms and Conditions that apply to your use of the Platform, including any appointments you make with a Provider, are the Terms and Conditions in effect at the time of your use of the Platform or registration for an appointment with a Provider. By accessing or using the Platform after we have posted any such changes, you accept the amended Terms and Conditions. If you do not agree to the updated Terms and Conditions, you must cease using our Services.

General

We reserve the right to suspend or terminate provision of the Services, or any part of them, to you at any time if you breach these Terms and Conditions.

These Terms and Conditions prevail in the event that anything in, or associated with, the provision of the Services is inconsistent with these Terms and Conditions.

Any notice we send to you will be emailed to the email address or mobile phone number that you provide to us or provided to us by your Provider.

All or any part of these Terms and Conditions that is illegal or unenforceable will be severed and will not affect the continued operation of the remaining provisions.

Any failure by Clear Labs to enforce any provision of these Terms and Conditions shall not be treated as a waiver of that provision, nor will it affect our right to subsequently enforce that provision.

These Terms and Conditions, together with the Privacy Policy https://clearlabs.com.au/privacy-policy constitute the entire agreement between you and Clear Labs and supersede any prior versions of these Terms and Conditions and all other communications whether oral or written, express or implied.

These Terms and Conditions and any contract to which they apply will be governed by the laws of New South Wales and are subject to the jurisdiction of the courts of New South Wales.