Terms of Use

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Introduction

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The terms of use which govern your use of the ClearLabs.com.au platform, including the www.clearlabs.com.au website, mobile services, and any direct interactions (together the “Platform”) are set out below. If you browse or otherwise access any content or information on the Platform, you agree to be bound by these Terms of Use and our Privacy Policy

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The Platform is provided by ClearLabs Pty Ltd (ACN [insert number]) (“ClearLabs”, “we”, “us” and “our”) to users of the Platform (“you” and “your”).

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Through the Platform, we provide services for purchasing private pathology testing and health screening services (“Services”).

These Terms of Use and our Privacy Policy form the basis on which you may access and use the Platform.

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About Our Services and Your Health

Our Services are designed to support wellness and health optimisation and are not suitable for people with complex or urgent medical conditions.

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‍ClearLabs is not a substitute for clinical care. You should continue seeing your regular GP or specialist for medical advice.

Test results and any associated comments are intended solely for informational purposes and are not a clinical diagnosis. Our service is not a replacement for traditional medical advice, investigation, or treatment.

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‍If you have concerns about your health or results, please consult a licensed medical professional.

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Test results may vary depending on factors such as age, sex, sample timing, biological variability, and testing methods. Some results may fall near reference ranges without indicating illness. Interpretation should always be done in the context of your overall health and in consultation with your doctor.

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Access to the Platform and Acceptance of Terms

We grant you access to the Platform on the basis that you will comply with our Terms of Use at all times. By using the Platform, you are accepting our Terms of Use, and by accepting our Terms of Use, we grant you a limited, non-exclusive and revocable licence to access and use the Platform.

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You accept these Terms by:

• Remaining on or interacting with the Website.
• Registering for an Account.
• Placing an order for Services.
• Clicking “Accept” during checkout or account creation.

If you do not agree with these Terms, you must stop using the Platform immediately.

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ClearLabs may amend these Terms at any time by updating this page. Updates take effect on publication. You should review these Terms periodically so that you are updated on any changes.

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The Terms of Use that apply to your use of the Services are the Terms of Use in effect at the time of your use of the Services. By accessing or using the Services after we have posted any such changes, you accept the amended Terms of Use. If you do not agree to the updated terms of use, you must cease using the Services.

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User Account Registration

To access the Services, you must register and create an Account. During registration, you must provide:

• Full name
• Email address
• Phone number
• Date of birth and gender
• Mailing address
• A secure password

You agree to keep your information accurate and current.

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You must be at least 18 years old and legally capable of entering a binding contract. Use of the Services by those under 18 is not permitted.

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Your Responsibilities

As an Account holder, you agree to:

• Use the Services only for lawful, personal purposes.
• Keep your login credentials confidential.
• Notify us immediately of any unauthorised access to your Account.
• Not use your pathology form at unauthorised collection centres or outside its intended scope.
• Avoid scraping, copying, or commercialising our platform without permission.

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ClearLabs reserves the right to suspend or terminate your Account without notice for any of the following:

• Misuse of pathology forms.
• Attempted fraud or impersonation.
• Abuse of refunds or chargebacks.
• Any breach of these Terms.

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Service Availability

ClearLabs makes reasonable efforts to keep the Website and Services available. However, we do not guarantee uninterrupted access. Temporary disruptions may occur due to maintenance, technical issues, or third-party outages.

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We are not liable for any damages or loss incurred from the unavailability of the Website or delays in delivering Services.

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Payments

All purchases must be paid in full at the time of order via our secure payment system. By completing payment, you agree to the terms of our payment provider.

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Prices are listed in AUD and include GST. ClearLabs may revise prices at any time.

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Upon ordering, you will receive a pathology request form or home test kit. All pathology request forms are valid for 120 days from the issue date and may only be used at approved collection centres listed on our Website.

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Additional charges may apply if:

• You use a collection centre not listed on our Website.
• You reuse or split a pathology form.
• You exceed the 120-day validity period.
• You request unauthorised tests.

You are responsible for any transaction failures or bank charges related to failed payments.

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Cancellation & Refunds

You may cancel an order within 30 days of purchase and receive a refund, minus a $10 administrative fee for referral processing.

Refund conditions:

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• If your sample has already been collected and tested but results are not yet released: 10% refund.
• No refund is available after results are uploaded to your Account.
• Refunds will be processed to your original payment method within 7 business days.

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All refunds are processed in line with your rights under the Australian Consumer Law.

Contact: support@clearlabs.com.au. Please include your name, order reference, and purchase date.

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Samples and Test Results

Your biological sample will be tested only for the specific Services ordered. We do not store or re-test samples unless required by law or with your consent.

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You are responsible for following sample collection instructions (e.g., fasting, timing, hydration). Failure to comply may impact result accuracy.

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Test results are typically available within 2–3 business days, but this may vary by test type. Abnormal results may trigger a clinical review, but this does not create a doctor–patient relationship.

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Intellectual Property

All content and materials on the Website are protected by copyright and intellectual property laws. You are granted a limited licence to:

• View, print, and download content for personal use only.
• Use the Website solely in accordance with these Terms.

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You may not:

• Reproduce or distribute any Website content for commercial purposes.
• Modify, adapt, or create derivative works from the Website.
• Infringe on our trademarks, trade dress, or branding.

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All rights not expressly granted are reserved.

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“ClearLabs” and all related graphics, photographs, images, logos and product and service names are trademarks (including unregistered trademarks) and the exclusive property of ClearLabs Pty Ltd. These trademarks, logos and other proprietary graphics may not be used in connection with any other product or service without our express written consent. Unauthorised use of these elements is strictly prohibited and may result in legal action.

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You acknowledge that any intellectual property rights (including graphics, logos, design, or icons) relating to or appearing on the Platform remain the property of us and/or our licensors.

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Privacy

All personal and health data collected is handled in accordance with our [Privacy Policy](link to privacy policy page). By using the Website or purchasing Services, you consent to the collection, use, and disclosure of your data as described in that policy.

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Disclaimers

To the extent permitted by law:

• The Services are provided “as is” and “as available”.
• ClearLabs makes no warranty as to the accuracy, completeness, or reliability of test results.
• We do not guarantee the prevention, diagnosis, or treatment of disease.
• Use of the Services is at your own risk.

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You agree to consult a medical professional for clinical advice or follow-up.

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Limitation of Liability

ClearLabs’ total liability under these Terms is limited to the resupply of the Services or a refund.

We are not liable for:

• Loss of profits, goodwill, or business opportunity.
• Any indirect, incidental, or consequential damages.
• Delays or disruptions outside our control.

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You acknowledge and agree that ClearLabs disclaims all and any guarantees, undertakings, and warranties, expressed or implied, in the provision of the Services, 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 arises out of, or in connection with the Services, or the use of the Platform to the fullest extent permitted by law.

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Where we cannot exclude such liability under the Competition and Consumer Act 2010 (Cth), our liability to you will be limited to: (i) if the breach relates to goods, the replacement or repair the goods or (ii) if the breach relates to services, the supply of those services or the payment of the cost of those services supplied again.

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

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Competitor Use

ClearLabs’ Website, branding, content, and test structure may not be used or accessed by any individual or entity offering similar services for commercial gain. Breach of this clause may result in legal action and damages.

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Termination

You may terminate your Account at any time by written request to support@clearlabs.com.au and by ceasing use of our Services.

We may terminate or suspend your access without notice if:

• You breach these Terms.
• Continued provision becomes commercially unviable.
• We are required to do so by law.

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ClearLabs reserves the right to retain any data or information you have provided on your Platform account to the extent necessary to comply with applicable laws and regulations. Such retention of data will be conducted in accordance with the Privacy Policy, as amended from time to time, to ensure compliance with legal obligations.

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Indemnity

You agree to indemnify ClearLabs against all losses, claims, costs, or liabilities arising from:

• Your breach of these Terms.
• Your failure to follow collection instructions.
• Your use of unauthorised collection centres.
• Delays or failures in acting on test results.
• Any damage caused by sharing inaccurate or misleading information.

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Dispute Resolution

Before pursuing formal action, both parties agree to:

• Attempt to resolve disputes through good-faith negotiation within 28 days.
• If unresolved, engage a mediator appointed by the Australian Mediation Association.
• Share mediation costs equally and hold the process in Sydney, NSW.

Discussions during mediation are confidential and without prejudice.

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Governing Law

These Terms are governed by the laws of New South Wales, Australia. You agree that any disputes will be resolved in the courts of NSW.

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Severability

If any provision of these Terms is found to be invalid or unenforceable, the remainder will remain in full force and effect.

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Entire Agreement

These Terms, along with our [Privacy Policy](link to privacy policy page), constitute the entire agreement between you and ClearLabs regarding your use of the Website and Services, superseding any prior agreements or communications.

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Notices

Any notice we send to you will be emailed to the email address that you provide to us if you create an account on the Platform.

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This Terms of Use was last updated July 2025.