Terms of Service

Agency Health Labs Pty Ltd (ABN 84 686 846 604) (Agency Health, we, us or our) provides preventative health services and operates a platform through which those services are provided (Platform). Collectively, our preventative health services and the Platform are 'the Services'.

User of the Services (Users) can engage with our Australian medical staff and access pathology tests to help identify and manage health risks before disease onset.

Please read through the following terms of use (Terms). The Terms will form an agreement between you and us which will govern your use of the Services.

Our Privacy Policy and any Privacy Consent Form which you have submitted to us forms part of these Terms. Our Privacy Policy is found here: agencyhealth.com.au, and we will provide you with a copy of our Privacy Policy on request.

By agreeing to these Terms below, or by otherwise accessing and using the Services after these Terms have been made available to you, you acknowledge and confirm that you have read and understood these Terms, and you agree to comply with these Terms.

If you disagree with any of these Terms, please do not use the Services.

Registration

Users will be authorised to use the Platform only after registering for an account (Account).

You acknowledge and agree that:

registration may also be subject to further eligibility criteria published on our website or within the Platform, from time to time; and
we reserve the right to accept or reject any person's application for Account registration in our absolute discretion.

If you submit an application to register an Account on behalf of another person, you warrant that you have the authority and consent of that person to bind it or them to these Terms, and you warrant that you have each such person's consent to share their personal information via the Platform for this purpose.

Once registered for an Account, you agree to the following terms:

you must provide a valid contact details at the time of your application for an Account, and we may use those details to contact you regarding the administration of your Account (including for security and identity verification purposes);
if any of the details you provided when you registered your Account change, you must promptly update your Account details using the Account settings provided in the Platform, or by otherwise contacting us using the contact details on our website;
you are responsible for the security of your Account details and password, and you must not provide your Account details or password to any other person; and
you must notify us immediately if you suspect or become aware of any unauthorised access to your Account or if your Account details or password have become compromised.

Intellectual property

Unless expressly stated otherwise, we are the sole owner of all the copyright, trade marks, trade names, patents and other intellectual property rights created, developed, subsisting or used in or in connection with the Services, whether or not you contribute to such material.

Except to the extent permitted by the 'Limited Licence' referred to in these Terms below, or as required under law, the Services must not be accessed, used, republished, reproduced, copied, sold, modified, or otherwise exploited (in full or in part), without our express prior written consent.

Limited licence

We grant you a limited, revocable, and non-exclusive licence to access and use the Services (Limited Licence) for the purposes of seeking and receiving preventative health services from us. You must not access or use the Platform for any other purpose, including commercial purposes. The rights granted to you by the Limited Licence are personal, and are not transferrable.

Use of the Services

You acknowledge and agree that:

the Services are intended to help identify and manage health risks before disease onset;
the Services must not be used as the sole means of assessment, diagnosis and/or treatment in respect of any health condition or issue you may have;
the Services must not be used as a substitute for assessment, diagnosis and/or treatment by your treating medical practitioner in respect of any health condition or issue you may have;
if you have been referred for the Services by a medical practitioner or other health practitioner, you are responsible for attending any follow up appointments with this practitioner and adhering to their advice as they have directed;
you must provide true and correct responses to any questions or questionnaires we provide you, and during any consultations we have with you, in connection with the Services;
if you provide false or misleading responses to us in connection with the Services, this may affect you meeting any health goals you have and/or may result in injury and loss to you;
you are responsible for obtaining appropriate professional medical advice in relation to your health, should you have any concerns regarding your health, whether during or after your use of the Services;
there are limitations to health services delivered via telehealth, for example, where it may be necessary for the patient and practitioner to be in each other’s physical presence for provision of health service. If, because of the limits of technology, you are advised to seek alternative consultation arrangements (e.g., a face-to-face consultation), you are responsible for arranging and attending such consultation; and
we are not an emergency service, and we are not equipped to deal with medical or other health emergencies. If you require urgent medical attention, you must call 000 or immediately attend the emergency department of your nearest hospital.

You must not make any part of the Services and information provided through the Services available as part of another application or website or system in any manner without our express written consent.

You must not use any device, application, software, item or equipment, or take any action, which does or may affect the operation of the Services.

We may provide links to or information from third party applications or websites through the Platform and other Services we provide (Third Party Information). We do not endorse, and we are in no way responsible nor liable for the content of any Third Party Information. Further, we do not claim that any Third Party Information is accurate. You are responsible for assessing the relevance and accuracy of the Third Party Information. Linked third party applications or websites may have their own terms and conditions of use, and you should familiarise yourself with those terms and conditions when using such third party applications or websites.

Subscription fees

The terms used in the clauses under this 'Subscription Fees' heading have the same meaning as those terms in A New Tax System (Goods and Services) Act 1999 (Cth) (GST Act).

If GST is payable on any supply made by us when delivering the Services to you, you must pay us an additional amount equal to the GST payable on the supply, subject to us providing you with a valid tax invoice in respect of the supply in accordance with the GST Act, which will set out the amount of the GST payable.

You agree to pay the subscription fees and any other fees applicable to your Services in accordance with these Terms and the applicable fees/fee schedule published by us or made available to you from time to time, including via the Platform.

All applicable fees must be paid in advance. The applicable fees will be billed automatically at the start of the relevant billing period. These fees will automatically renew until you cancel your subscription by contacting us, as detailed in these Terms below.

We reserve the right to change the applicable fees for the Services at any time by providing you with reasonable advance notice of any such change (but in any case, no less than 28 days' notice). Subject to applicable law, you agree to accept any changes to the applicable fees for the Services by continuing to use the Services after the price change takes effect. If you do not agree with the changes to the fees, you may reject the change by cancelling your subscription prior to the change taking effect. If you cancel your subscription you will be entitled to use the Services for which you have already paid for the remainder of that paid subscription, and you will not be charged any further subscription fees after the expiry of that paid subscription term.

Payments of the subscription fees will be processed via Stripe, a third party payment provider (see stripe.com/au), or another third party payment provider notified to you at the time of transaction. (See also, these Terms below under the 'Third-party software and systems' heading). By submitting your information for the purposes of paying for your Services, you consent to us providing the information to these third parties subject to our Privacy Policy.

Other than as expressly stated in these Terms, to the extent permitted by law (including the Australian Consumer Law), refunds for any Services will be at our discretion.

Australian Consumer Law

Our Services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Services, you are entitled:

to cancel your service contract (i.e., the Services) with us; and
to a refund for the unused portion (i.e., get a refund for the parts of the Services not already consumed), or to compensation for its reduced value.

You are also entitled to be compensated for any other reasonably foreseeable loss or damage where there is a major failure.

A 'major failure' includes where a reasonable consumer would not have acquired the Services if they had known the nature and extent of the problem, or the Services are substantially unfit for their normal purpose and cannot easily be made fit for such a purpose, within a reasonable time.

Where there is not a major failure with the Services, our liability for breach of any implied warranty or condition that cannot be excluded under the Australian Consumer Law is limited, at our option to:

the re-supply of the relevant Services; or
the payment of the cost of re-supply of the relevant Services.

If the failure does not amount to a major failure, you are entitled to have problems with the Services rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.

To claim against us for breach of a consumer guarantee under the Australian Consumer Law, or under an express warranty provided by us, you must provide us with written notice with documentary evidence substantiating the claim. Where we have assessed that you have a valid claim under the Australian Consumer Law, we will contact you and arrange a remedy.

Third-party software and systems

You acknowledge that the Platform may use and integrate with software and systems provided by third-parties (third-party providers) to enable functionality such as:

maintaining clinical records;
billing and payments and Medicare claims;
communicating with you about your care; and
secure cloud storage of information in Australia.

You acknowledge and agree that:

your personal information may be provided to these third-party providers in accordance with our Privacy Policy and to the limited extent necessary for third-party providers to provide such functionality, and for us to provide Services to you; and
you should familiarise yourself with the terms and conditions of use and privacy policies of these third-party vendors.

User Data

As a User of the Platform, you may be able to enter, upload or otherwise provide information through the Platform (User Data).

You warrant, in respect of any User Data that you provide through the Platform, that you have the right to provide such User Data, and the provision or use of such User Data does not breach these Terms, applicable privacy laws or other applicable laws, or the intellectual property rights of any third party, including that you have obtained all necessary consents in accordance with applicable privacy laws.

You agree that you are solely responsible for all User Data that you provide through the Platform.

We do not endorse any User Data, nor do we claim that any User Data is accurate. We are in no way responsible nor liable for User Data.

We are not responsible for providing any supervision or monitoring of User Data available through the Platform. However, we reserve the right to restrict or remove access to any User Data at our absolute discretion, including but not limited to circumstances in which the User Data is in breach of these Terms.

Limitation of liability and indemnity

To the extent permitted by law, we are not responsible for and you release us from all liability (including in negligence) in respect of any losses, damages, injury to property or person, and costs incurred or suffered directly or indirectly in connection with:

any failure by you to follow any advice, recommendation or referral we provide as part of the Services; and
the provision of services by or any other conduct of third party health service providers (including pathology service providers and their personnel) in connection with the Services;
any User Data that you provide through the Platform; and
any breach by you of any applicable law or the rights of a third party (including any third party intellectual property rights).

We are not responsible for the deletion or otherwise unavailability of information or functionality contained in or accessed through the Platform.

To the extent permitted by law, you agree to indemnify us and hold us harmless against any claims, losses, damages, injury to property or person, and costs incurred or suffered directly or indirectly in connection with any breach by you of these Terms.

Privacy

We will handle your personal information in accordance with:

applicable privacy and health records laws, including the Privacy Act 1988 (Cth) and its Australian Privacy Principles (APPs), the Health Records Act 2001 (Vic) and its Health Privacy Principles, the Health Records and Information Privacy Act 2002 (NSW) and its Health Privacy Principles, and the Health Records (Privacy and Access) Act 1997 (ACT) and its Privacy Principles (these state and territory Health Privacy Principles and Privacy Principles are referred to in these Terms as the 'HPPs'); and
our Privacy Policy and any Privacy Consent Form which you have submitted to us.

You agree to comply with all applicable privacy laws when collecting and handling any personal information in connection with the Services.

In respect of any person/s other than you whose personal information you access or share using the Platform, you warrant that you have obtained all necessary consents to access or share this information under applicable privacy laws and this is otherwise in accordance with applicable privacy laws.

You must not share with any third party, copy or export any other person’s personal information externally from the Platform unless this is in accordance with applicable privacy laws, and you have obtained all necessary consents from each such person.

We keep your personal information for the time periods required by law. When your personal information is no longer required (and in the case of your health information, the information has been retained for the required periods under the HPPs or otherwise under law) we will take steps to securely destroy the information or to ensure that the information is permanently de-identified.

Platform updates

We may from time to time amend or update the content or functionality of the Platform. We may do so at any time in our absolute discretion and without prior written notice to you.

Updates to these Terms

We may from time to time amend or update these Terms. You are bound by any such new Terms where you continue to use the Services after any such amendment or update of these Terms, where we have provided you with prior notice of the updated or amended terms.

Miscellaneous

Any provision of these Terms which is found to be invalid or unenforceable must be read down, if possible, so far as to be valid and enforceable, and if that is not possible, the provision must, to the extent that it is capable, be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of these Terms.

These Terms are governed by the laws of the State of Victoria, Australia, and each party submits to the exclusive jurisdiction of the courts of the State of Victoria, Australia.

If you access or use the Services in the capacity of an authorised representative of another person or entity, you acknowledge and agree that you are legally authorised to bind that other person or entity to these Terms.