Legal

Terms & Conditions

Effective date: 01/10/2025

Welcome to the website of Clarity Laboratories Pty Ltd (ACN 689 290 426) trading as Clarity Labs ("us", "we", "our", or "Clarity Labs"). We provide an online platform that enables Users to access pathology referrals directly through accredited pathology laboratories, select from a range of testing packages, and receive clear, comprehensible explanations of their results, all in compliance with applicable healthcare regulations ("Platform").

Our site is located on the web via the domain https://www.claritylabs.com.au and includes all the files located in that domain (the "Website").

1. Nature of Services

1.1 Clarity Labs provides access to health testing and wellness information services, comprising:

(a) Facilitation of pathology test referrals issued under standing protocols approved by our Medical Director. No doctor-patient relationship is created by referral issuance;

(b) Facilitation of pathology sample collection at accredited third-party Laboratory Partners;

(c) Delivery of laboratory test results via a secure digital dashboard, including enhanced visualisation, educational explanations, and trend analysis tools;

(d) Provision of general health education and informational content designed to support User understanding of test results; and

(e) Optional ongoing engagement features such as reminders, new test notifications, and educational content tailored to selected test categories; not clinical advice,

(collectively referred to as the "Services").

1.2 Our Services are intended solely for wellness, educational, and informational purposes. They are not a substitute for professional medical advice, diagnosis, or treatment, and are designed to complement, not replace, ongoing healthcare and medical supervision.

2. Acceptance of Terms of Use

2.1 These terms and conditions ("Terms") constitute a legally binding agreement between you and Clarity Labs. By accessing or using this Website or any of the Services provided through it, you acknowledge that you have read, understood, and agree to be bound by these Terms, including our Privacy Policy, Disclaimer, and any other policies or notices displayed on the Website, all of which form part of these Terms.

2.2 For the avoidance of doubt, your use of the Website and/or the Services includes, without limitation:

(a) accessing the Website and/or creating an Account;

(b) using any features, content, software, networks, or processes associated with the Website;

(d) engaging with any marketing, promotional, or other communications distributed by or on behalf of Clarity Labs.

2.3 If you do not agree to these Terms, you must not access or use the Website.

2.4 Any time you visit the Website or use any of the features on the Website, you are taken to accept these Terms.

Legal capacity to transact

2.5 The Services provided through this Website are available only to individuals who are eighteen (18) years of age or older. By using this Website or engaging with the Services, you represent and warrant to Clarity Labs that you are at least eighteen (18) years old.

3. Account Creation

Account Registration

3.1 In order to access and use the Services offered through this Website, you are required to create an Account. By registering an Account, you agree to:

(a) provide accurate, current, and complete information during the registration process;

(b) keep your Account information up to date at all times;

(d) accept full responsibility for all activities that occur under your Account; and

(e) immediately notify us of any unauthorised use of your Account or any other breach of security.

Account Termination

3.2 We reserve the right to suspend or terminate your Account at any time, without notice, if:

(a) you breach these Terms;

(b) you provide false, misleading, or incomplete information;

(d) continued provision of Services would expose us to legal or regulatory liability.

4. Disclaimer - No Medical Advice, Emergency Care, or Practitioner Relationship

THESE SERVICES PROVIDE EDUCATIONAL INFORMATION ONLY, AND ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF A QUALIFIED HEALTHCARE PROFESSIONAL WITH ANY QUESTIONS THAT YOU MAY HAVE REGARDING A MEDICAL CONDITION. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL 000 IMMEDIATELY.

No Medical or Healthcare Advice

4.1 All text, images, data, information and other materials displayed on the Website ("Content"), including pathology test information and results, are provided for informational and educational purposes only. While we facilitate and coordinate access to pathology testing Services, we do not provide medical advice, clinical diagnoses, treatment recommendations, prescriptions, or any form of clinical care.

4.2 You must consult a qualified healthcare professional in relation to all pathology test results, whether normal or abnormal. Delaying or avoiding medical consultation based on our Services may result in serious health risks and consequences. We accept no liability for any harm, loss, or injury resulting from your failure to seek or follow professional medical advice, including any emotional distress from viewing your test results.

4.3 Your reliance on the Content is at your own risk. To the maximum extent permitted by law, we disclaim all liability for any loss, damage, or injury, whether direct or indirect, arising from your use of, or reliance on the Website or its Content, except where such loss or injury is caused directly by our gross negligence or wilful misconduct.

4.4 Clarity Labs is NOT a healthcare provider, medical practitioner, or clinical service provider. Our role is limited to providing access to pathology testing, delivering results, and offering general wellness and educational tools. These are expressly not medical or clinical Services.

4.5 Any artificial intelligence ("AI") or automated systems used to provide educational content in relation to pathology test results are intended solely to assist in the understanding of information. They do not constitute a medical diagnosis, prognosis, or treatment recommendation.

4.6 By using our Services, you acknowledge and agree that all information provided by us, whether through the Website or otherwise, is for general informational and educational purposes only. You remain solely responsible for determining whether our Services are suitable for your needs. Our Services are not a substitute for professional medical advice, diagnosis, or treatment provided by a doctor, physician, or other qualified healthcare professional. You assume full responsibility for any decisions made in reliance on the Content.

Emergency Medical Situations

4.7 This Website and the Services offered by Clarity Labs are not designed for use in medical emergencies or urgent health situations. If you are experiencing a medical emergency or require immediate medical attention, you must contact emergency Services by calling 000 (or your local emergency number) without delay.

4.8 Clarity Labs does not provide crisis support, emergency diagnosis, or real-time clinical intervention. Do not use this Website or rely on any Content or test results in place of seeking timely medical care from a qualified healthcare professional or emergency service provider.

No Medical Practitioner Relationship

4.9 You acknowledge and agree that no medical practitioner—patient relationship is created between you and Clarity Labs through your use of this Website or the Services. Any involvement of partner medical practitioners, including the authorisation of pathology referrals, does not establish a clinical or therapeutic relationship with you. You remain solely responsible for seeking medical advice, diagnosis, and treatment from your own qualified healthcare provider. Clarity Labs does not, and cannot, provide medical consultations, second opinions, or treatment recommendations.

Anti-Inducement Policy

4.10 Clarity Labs operates strictly under fixed-fee arrangements. We do not offer, solicit, or accept any form of benefit, incentive, or inducement in exchange for referrals. Partnership fees are fixed, and are not contingent on the volume of referrals, orders, or other performance-based metrics. These Terms are maintained in compliance with section 133 of the Health Practitioner Regulation National Law and relevant AHPRA guidelines.

Acknowledgement of Disclaimer

4.11 Prior to accessing or using any Services, all Users are required to read, acknowledge, and agree to this Disclaimer, which forms part of the Terms governing your use of the Website and the Services. A separate copy of this Disclaimer will be provided to you during the Account registration process, and may also be presented during the ordering process. No Services will be provided until your acknowledgement is received.

5. Result Interpretation Process

AI-Assisted Educational Content

5.1 We use AI technologies to generate educational content that explains tests, biomarkers, and general next steps in a clear, easy-to-understand format. This content is for educational purposes only and is separate from your actual test results.

Display of Laboratory Results

5.2 All test results, including ranges, flags for normal or abnormal values, and any critical indicators, are provided exactly as supplied by the NATA-accredited Laboratory Partner. We do not modify, interpret, or review these results using AI or otherwise. No clinical review of individual results occurs.

AI-Limitations and "Hallucination" Risk

5.3 Whilst our AI systems aim to provide useful educational insights, they are not infallible. AI may sometimes produce inaccurate, incomplete, or misleading information, commonly known as "hallucinations" in AI terminology. These may include fabricated data, incorrect interpretations, or omissions that do not reflect the actual medical context. Consequently:

(a) AI-generated content does not constitute a medical diagnosis, prognosis, or treatment recommendation;

(b) AI outputs should never be solely relied upon for medical decision-making or clinical action; and

AI Regulation and Amendments

5.4 The field of AI is evolving rapidly, including applicable laws and regulations. Clarity Labs reserves the right to update or amend its use of AI technologies in response to changes in law, regulatory guidance, or ethical standards, without prior notice. Continued use of the Services after such amendments constitutes your acceptance of the revised terms.

6. Laboratory Partners and Third-Party Service Providers

Independent Laboratory Relationships

6.1 All pathology testing coordinated through Clarity Labs is carried out exclusively by our independent Laboratory Partners, which may be subject to change from time to time.

6.2 Clarity Labs does not own, manage, or operate any Laboratory Partner or Collection Centre and has no financial or operational control over such third-party service providers. Our role is limited to facilitating access to the Services, issuing referral forms, and delivering test results, while all testing, analysis, and clinical reporting is conducted by the relevant Laboratory Partner.

Laboratory Responsibilities and Standards

6.3 Each Laboratory Partner is independently responsible for its own accreditation, quality assurance, testing protocols, staffing, equipment maintenance, and compliance with applicable regulatory and professional standards. Clarity Labs does not monitor, control, or assume responsibility for the methods, processes, or performance of Laboratory Partners. Accuracy of results, integrity of testing, and adherence to clinical standards remain the sole responsibility of the Laboratory Partner conducting the test.

Laboratory Errors and Disputes

6.4 Any issues relating to Laboratory Partners, including testing errors, sample contamination, processing delays, equipment failure, or inaccurate results, are the responsibility of the relevant Laboratory Partner. While Clarity Labs may assist in facilitating communication with the Laboratory Partner, we are not in a position to investigate, resolve, or intervene in disputes relating to the performance of any Laboratory Partner. If you have a concern about a Laboratory Partner's service or the results provided, we will provide appropriate contact details for you to address the matter directly with the Laboratory Partner. Clarity Labs disclaims any and all liability for issues arising from Laboratory Partner errors or delays.

Turnaround Time Disclaimer

6.5 Processing and turnaround times for pathology testing are indicative only and are not guaranteed. Actual timeframes may vary depending on the capacity of the Laboratory Partner, the efficiency of sample collection and transport, and other technical or operational factors beyond the control of Clarity Labs. By using the Services, you acknowledge that delays may occur and agree that Clarity Labs is not liable for any loss, inconvenience, or damage resulting from such delays.

Use of Authorised Collection Centres

6.6 To ensure consistent service and pricing, all biological samples must be collected at the Collection Centres specifically listed on your pathology request form. These Collection Centres have formal arrangements with our Laboratory Partners regarding protocols, pricing, and service delivery. If you attend a Collection Centre not listed on your referral, you may incur additional charges, experience delays, or receive incomplete or failed results. In such cases, you accept full responsibility for any associated outcomes, including additional costs or disruptions to your testing process. Clarity Labs reserves the right to recover from you any expenses we incur due to the use of an unauthorised Collection Centre.

7. Restrictions on Use

Prohibited conduct

7.1 Your use of this Website is subject to the rules set out in Schedule 1 below.

Violations of these Terms

7.2 We may, at our reasonable discretion and upon providing you with reasonable notice (except in cases of emergency or immediate threat), suspend your Account or restrict your access to the Services (or any part thereof) where necessary for security, technical, maintenance, legal or regulatory reasons. During any such suspension or restriction, you may be unable to access all or parts of the Services, your Account details or any Content contained within your Account. We will only implement such suspension or restriction where reasonably necessary and will aim to restore access as soon as practicable.

7.3 If you fail to comply with these Terms, we may, at our reasonable discretion:

(a) immediately withdraw your right to access and use the Services and the Platform (including the deletion of your Account), either temporarily or permanently; and/or

(b) refer or report any suspected fraudulent, abusive or illegal activity to relevant law enforcement authorities.

8. Orders and Payments

Order Process

8.1 When you place an order, you are making an offer to purchase the Services. We reserve the right to accept or decline your order at our sole discretion. Acceptance of your order occurs when we issue your pathology referral. Please note that payment must be received in full before the referral is issued.

Referral Validity

8.2 All pathology referrals issued are valid for six (6) months from the date of issue and are strictly for single use only. Referrals must be presented and used at our designated partner Collection Centres. Additional fees will apply if a referral expires or is used in an unauthorised manner.

Refund and Rebate Policies

8.3 All Services are 100% direct-pay and are not eligible for Medicare rebates.

8.4 Refunds are subject to our Refunds Matrix (available at: https://www.claritylabs.com.au/refunds) and the requirements of Australian Consumer Law. Administrative fees may apply where required by law.

Recollection and Repeat Testing

8.5 In certain cases where a pathology test cannot be completed due to issues such as insufficient sample quality, collection failure, or other factors beyond the Customer's control, Clarity Labs may, at its sole discretion, offer a repeat test at no additional charge. This determination will be made on a case-by-case basis, taking into account the specific circumstances of the original test.

8.6 Clarity Labs may also, at its discretion, offer goodwill measures such as service credits, discounted future Services, or complimentary retesting in situations where we consider such responses appropriate. However, Customers have no automatic entitlement to any form of compensation, credit, or repeat service.

8.7 Where a test failure or issue arises due to Customer error, such as failing to follow pre-test instructions, submitting incorrect personal information, or using an unauthorised Collection Centre, Clarity Labs is not obligated to provide a complimentary retest. We may, however, consider individual circumstances and may offer limited support or options as part of our commitment to Customer service, without creating any precedent or ongoing obligation.

9. Pricing, Payment, and Security

9.1 All prices listed on the Website are in Australian Dollars (AUD), unless specified otherwise, and may change from time to time without notice to you.

9.2 Unless otherwise expressly stated, all amounts payable through your use of this Website are expressed to be inclusive of GST. For these purposes, the term "GST" has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

9.3 Clarity Labs conducts its payments and secure in-person payment transactions through a Payment Gateway and may elect to use any other Payment Gateway from time to time in its absolute discretion. All Customer data, including test results and personal health information, is stored securely within Australia. We may use encrypted data processing Services located overseas, including AI Services, but only where such processing maintains appropriate security standards and complies with Australian privacy laws. Payments made through any Payment Gateway are subject to the Payment Gateway's own terms and conditions and privacy policy in addition to these Terms.

9.4 Unless you expressly consent otherwise, we do not see or have access to any personal information that you may provide to the Payment Gateway, other than information that is required in order to process your booking (e.g., your name, email address and billing address.

9.5 Clarity Labs does not accept any responsibility for any errors made by the Payment Gateway. By providing your credit or debit card details, you confirm that you are authorised to use that payment method, and you authorise Clarity Labs, through the Payment Gateway to charge your payment method for the total amount of your booking.

Security

9.6 While our Payment Gateway and website hosting providers employ secure technology for transactions with our Customers, we will not be responsible for any damages, including Consequential Losses (whether direct or indirect), that may be suffered by a Customer whose credit or debit card or bank Account information is used in a fraudulent or unauthorised manner by any person other than Clarity Labs.

9.7 Clarity Labs may request further information from you, such as a copy of your credit card and/or other identification documentation, as part of our internal validation procedures. These procedures help protect bank and credit card Account holders from online fraud. If further information is requested and you do not provide the requested information within such time as Clarity Labs considers appropriate at its discretion, your subscription will be cancelled and, if your payment has been received, it will be refunded back to you.

10. Critical Value Protocol

Notification Process

10.1 Clarity Labs will make one (1) reasonable attempt to notify you of any lab-flagged critical values via email and SMS within eight (8) business hours of receipt. A persistent dashboard banner will also display these notifications to ensure visibility.

10.2 Delivery of notifications is not guaranteed due to factors beyond our control, including but not limited to network issues or outdated contact information.

10.3 It remains your sole responsibility to promptly respond to and act upon any critical value notifications by seeking immediate medical care from a qualified healthcare professional or emergency service.

10.4 You agree to provide and maintain accurate, complete, and up-to-date contact information, including email addresses and phone numbers, at all times. You further agree to:

(a) Regularly monitor your registered email inbox, SMS messages, and Account notifications for any communications from Clarity Labs;

(b) Promptly acknowledge receipt of any critical value notifications; and

10.5 Clarity Labs does not assume responsibility or liability for any failure to notify or delay in notification caused by incorrect, outdated, or inaccessible contact information provided by you, or any failure to respond promptly to such notifications.

In the event of a medical emergency, call 000 immediately.

11. Intellectual Property

Copyright

11.1 In these Terms, the term "Intellectual Property Rights" means:

(a) this Website;

(b) all of its content (including all of the Uploaded Content, text, graphics, designs, software, data, sound and video files and other information contained in this Website, and the selection and arrangement thereof);

(d) all software, systems and other information owned or used by Clarity Labs in connection with the Services offered through this Website (whether hosted on the same server as this Website or otherwise).

11.2 All Intellectual Property Rights are the property of Clarity Labs, or its licensors (as applicable) and is protected by Australian and international copyright laws. You must not distribute, reproduce, transmit, republish or prepare derivative works from any of the Intellectual Property Rights except as expressly authorised by these Terms or with the prior written consent of Clarity Labs.

11.3 You may download and print out content from this Website only for your own personal and non-commercial use and provided that you do not remove or modify any copyright, trade mark or other proprietary notices.

Trade marks

11.4 The look and feel of this Website (including all button icons, scripts, custom graphics and headers) are the trade marks, service marks and/or trade dress of Clarity Labs. These trade marks, service marks and trade dress may not be used, copied or imitated, in whole or in part, without the prior written consent of Clarity Labs.

Copyright claims

11.5 If you believe that our Website contains any material that infringes upon any copyright that you hold or control, or that Users are directed through a link on this Website to a third party Website that you believe is infringing upon any copyright that you hold or control, you may send a notification of such alleged infringement to us in writing. Such notification should identify the works that are allegedly being infringed upon and the allegedly infringing material and give particulars of the alleged infringement. In response to such a notification, we will give a written notice of a claim of copyright infringement to the provider of the allegedly infringing material. If the provider of that material does not respond to us in writing denying the alleged infringement within fourteen (14) days after receipt of that notice, we will remove or block the allegedly infringing material as soon as is reasonably practicable. If the provider of that material responds to us in writing denying the alleged infringement, we will, as soon as is reasonably practicable, send a copy of that response to the original notifying party. If the original notifying party does not, within a further fourteen (14) days, file an action seeking a court order against the provider of the allegedly infringing material, we may restore any removed or blocked material at our discretion. If the original notifying party files such a legal action, we will remove or block the allegedly infringing material pending resolution of that legal action.

12. Privacy and Data Handling

12.1 Clarity Labs is committed to protecting your privacy and handling your personal information in accordance with the Privacy Act 1988 (Cth), the Australian Privacy Principles, and all other applicable health and privacy legislation. By using our Website and the Services, you acknowledge and agree to the terms of our Privacy Policy, which forms part of these Terms and governs the collection, use, storage, disclosure, and international transfer of your personal information.

12.2 Your data may be processed or stored by trusted third-party providers, including offshore service providers, under strict confidentiality and security obligations. Where Personal Information is transferred outside Australia, we use all reasonable endeavours to ensure that the appropriate safeguards are in place to protect your privacy in line with Australian legal standards.

12.3 You have rights relating to your personal information, including rights to access, correction, and, in some cases, deletion or objection to certain processing activities. Further details on how we protect your data and how you can exercise your privacy rights are set out in our Privacy Policy.

13. Disclaimer of Warranties

13.1 To the maximum extent permitted by law, Clarity Labs and its Representatives, agents, consultants, licensors, partners and affiliates expressly disclaim all conditions, representations and warranties (whether express or implied, statutory or otherwise) in relation to this Website and any Services purchased or obtained through this Website, including any implied warranty/guarantee of merchantability, fitness for a particular purpose or non-infringement.

13.2 This Website and the Services are provided strictly on an "as is" basis. To the maximum extent permitted by law, Clarity Labs and its Representatives, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of this Website or any of its content, and in particular do not represent, warrant or guarantee that:

(a) the use of this Website will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;

(b) this Website will meet your requirements or expectations;

(c) anything on this Website, or on any third-party website referred or linked to in this Website, is reliable, accurate, complete or up-to-date;

(d) the quality of any Services, information or other material purchased or obtained through this Website will meet any particular requirements or expectations;

(e) errors or defects will be corrected; or

(f) this Website or the servers that make it available are free of viruses or other harmful components.

14. Indemnity

14.1 You agree to indemnify, defend, and hold harmless Clarity Labs, its Representatives, officers, directors, employees, agents, consultants, licensors, partners, and affiliates from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable legal fees and expenses) arising out of or in connection with:

(a) your breach of these Terms;

(b) your use of the Website, Services, and/or Platform;

(c) any content that you upload, post, transmit, or make available via the Services or Platform, including any claims of intellectual property infringement or violation of rights by third parties; and

(d) any unauthorised access to, or use of, your Account or information by third parties, except to the extent that such claims, losses, or damages are caused or contributed to by Clarity Labs' negligence or misconduct.

14.2 You acknowledge that Clarity Labs will not be liable for any loss or damage caused by your actions or omissions, and you agree to indemnify Clarity Labs for any claims made against it by other Users or third parties arising from your conduct.

15. Limitation of Liability

Exclusion of liability

15.1 To the maximum extent permitted by law, Clarity Labs and its Representatives, agents, consultants, licensors, partners and affiliates exclude all liability to you or any other person for any Loss, cost, expense, Claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any Loss, whether it be Consequential Loss, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill) arising directly or indirectly out of, or in connection with, these Terms or the use of this Website by you or any other person or arising directly or indirectly from your reliance upon any statement, recommendation, advice or assistance provided by us, our employees and any agents of ours, from time to time.

15.2 The information on this Website does not intend to provide advice and must not be construed as a substitute for advice from an appropriate health care professional and the Customer acknowledges that it is the Customer's responsibility to fully inform itself and understand the risks associated with the Services.

Remedies limited

15.3 To the maximum extent permitted by law, Clarity Labs and its Representatives, officers, employees, agents, consultants, licensors, partners and affiliates expressly limit their liability for breach of any non-excludable condition or warranty/guarantee implied by virtue of any legislation to the following remedies (the choice of which is to be at Clarity Labs's sole discretion):

(a) the supply of the Services again; or

(b) the payment of the cost of having the Services supplied again.

Release

15.4 You agree that your use of this Website and the Services is at your own discretion and risk. You agree that you will be personally responsible for your use of this Website and you agree to release Clarity Labs and its Representatives, officers, employees, agents, consultants, licensors, partners and affiliates from any Claim, demand or cause of action that you may have against any of them arising from these Terms or the use of this Website by you or any other person or entity. Clarity Labs may plead this release as a bar and complete defence to any Claims or proceedings.

Force majeure

15.5 To the maximum extent permitted by law, and without limiting any other provision of these Terms, Clarity Labs and its Representatives expressly exclude liability for any delay, cancellation and/or damage in performing any of its obligations under these Terms where such delay or cancellation is caused by circumstances beyond the reasonable control of Clarity Labs (including but not limited to any circumstances where there is Government enforced prohibition due to COVID-19 or any other pandemic or epidemic restricts Clarity Labs from providing the Customer with the Services), and Clarity Labs shall be entitled to a reasonable extension of time for the performance of such obligations. The Customer acknowledges and agrees that Clarity Labs holds the benefit of this clause 15.5 for itself and as agent and trustee for and on behalf of each of its Representatives.

What this means: If something goes wrong in relation to your use of this Website or the Services, our legal responsibility to you is very limited, particularly for issues outside of our control.

16. Website Access and Modifications

16.1 While we strive to provide continuous and uninterrupted access to the Website, Clarity Labs does not guarantee that access will be available twenty-four (24) hours a day, seven (7) days a week. You acknowledge and agree that the Website may be temporarily interrupted, suspended, or permanently terminated at any time, with or without prior notice.

16.2 Clarity Labs reserves the right to modify, restrict, or discontinue any part of the Website, including features, Content, or access requirements, at its sole discretion.

17. Insurance

17.1 Clarity Labs maintains professional indemnity, cyber liability, and public liability insurance appropriate to the nature of our technology and health information Services. We do not provide clinical services requiring medical practitioner indemnity cover.

17.2 You acknowledge that Clarity Labs' insurance coverage does not extend to any clinical consultations, diagnoses, or medical treatments that you may obtain from third-party healthcare providers. You remain solely responsible for obtaining your own insurance coverage as appropriate.

18. Corporate and Group Wellness Programs

18.1 Clarity Labs may offer Wellness Programs to corporate clients, educational institutions, or other group entities for use by their employees, members, or participants. Such Wellness Programs are designed for general informational and educational purposes only and do not constitute medical advice, diagnosis, or treatment.

18.2 Where Wellness Programs are provided to an organisation for the benefit of its employees, members, or participants, the organisation acknowledges that it remains solely responsible for obtaining necessary consents and ensuring the suitability of the Wellness Program for its intended purpose.

18.3 Clarity Labs shall have no liability for decisions made by corporate clients or individual participants based on information provided through any Wellness Program.

19. General

Notifications

19.1 Clarity Labs may provide any notification for the purposes of these Terms by email.

Email

19.2 You agree that you are responsible for ensuring that content provided to you Clarity Labs via email is not collected in your own junk or spam filters and Clarity Labs shall not be held liable or Accountable for any loss of communication if this is the case.

19.3 You have the option to discontinue receiving communication and/or emails Clarity Labs by unsubscribing from our email communications at any time.

Costs

19.4 Except as specifically provided in these Terms, each party must bear its own legal, Accounting and other costs associated with these Terms.

Assignment

19.5 You may not assign, transfer or sub-contract any of your rights or obligations under these Terms without Clarity Labs' prior written consent. Your registration with this Website is personal to you and may not be sold or otherwise transferred to any other person.

19.6 Clarity Labs may assign, transfer or sub-contract any of our rights or obligations under these Terms or any other policy on our Website at any time without your consent and without notice to you.

Third Party Rights

19.7 The agreement is between you and us and no other person shall have any rights to enforce any of its terms.

Set-off

19.8 The Customer shall not have the right to set-off any amounts owing for a default in payment in any Claim, suit or proceeding brought by Clarity Labs against the Customer Clarity Labs reserves the right to rely on this clause 19.8 in bar of any proceeding for set-off.

No waiver

19.9 Waiver of any power or right under these Terms must be in writing signed by the party entitled to the benefit of that power or right and is effective only to the extent set out in that written waiver. Any failure by Clarity Labs to act with respect to a breach by you or others does not waive Clarity Labs right to act with respect to that breach or any subsequent or similar breaches.

Severability

19.10 The provisions of these Terms are severable and, if any provision of these Terms is held to be illegal, invalid or unenforceable under present or future law, such provision may be removed and the remaining provisions shall be enforced.

19.11 Clarity Labs reserves the right to amend these Terms and any other policy on this Website at any time in its sole discretion and any such changes will, unless otherwise noted, be effective immediately. Your continued usage of this Website will mean you accept those amendments. We reserve the right, without notice and at our sole discretion, to change, suspend, discontinue or impose limits on any aspect or content of this Website or the Services offered through this Website.

Variation

19.12 Clarity Labs reserves the right to amend these Terms and any other policy on this Website at any time in its sole discretion and any such changes will, unless otherwise noted, be effective immediately. Your continued usage of this Website will mean you accept those amendments. We reserve the right, without notice and at our sole discretion, to change, suspend, discontinue or impose limits on any aspect or content of this Website or the Services offered through this Website.

Dispute Resolution

19.13 The parties (being Clarity Labs and any Customer or User) agree:

(a) to attempt in good faith to resolve any dispute between them in connection with any matter arising out of these Terms;

(b) any agreement reached between the parties must be reduced to writing and will be binding on the parties;

(c) where a dispute cannot be resolved informally as between the parties, and a period of ten (10) Business Days has elapsed, the parties must seek to agree on the procedural rules and timetable for resolving the dispute through mediation; and

(d) such mediation is to occur by the appointment of a suitable mediator appointed by the parties, or in the absence of agreement, a mediator appointed by the Resolution Institute, or any entity which replaces it.

19.14 The parties otherwise agree to submit to the jurisdiction of the Courts of New South Wales and, if applicable, the Commonwealth of Australia, in the event a dispute arising from the use of this Website or these Terms cannot be resolved.

Entire Agreement

19.15 These Terms together with our Privacy Policy, sets out the entire agreement between you and us in respect of your use of our Website and the Products and Services and supersede all previous agreements, understandings and negotiations.

Governing law and jurisdiction

19.16 These Terms will be governed in all respects by the laws of New South Wales, Australia. The parties irrevocably submit to the non-exclusive jurisdiction of the Courts of New South Wales and the courts of appeal from them.

Contact Us

19.17 For any enquiries, concerns, or notices related to these Terms or our Site, you may contact us:

(a) through our Contact Us page at www.claritylabs.com.au;

(b) via email at support@claritylabs.com.au; or

19.18 Our business hours are 10am to 4pm AEST/AEDT, Monday to Friday, excluding public holidays in New South Wales.

20. Definitions and Interpretation

Definitions

The following definitions apply in this Terms unless the context requires otherwise:

Account means your Clarity Labs Account that facilitates your use of the Platform;

AI Systems means any AI or machine learning systems used by Clarity Labs to generate AI-Generated Content;

AI-Generated Content means automated educational materials produced by AI to help Users understand general concepts related to tests and biomarkers, without analysing, interpreting, or modifying the User's pathology test results, ranges, or flags provided by the Laboratory Partner. These educational materials include explanations and guidance that are clearly labelled as non-clinical and are accompanied by disclaimers about AI limitations, including potential inaccuracies or hallucinations;

Business Day means any day other than a Saturday, Sunday or public holiday in NSW, Australia;

Claim means any claim, complaint, demand, proceeding, suit, litigation, action, cause of action or other legal recourse (whether in contract, tort, under statute or otherwise);

Collection Centre means a facility authorised to collect biological specimens as specified in pathology request documentation, operated independently by Laboratory Partners or their authorised agents, and responsible for compliance with all applicable regulatory, clinical, and operational standards;

Consequential Loss means the following, however arising and even if it is reasonably contemplated by the parties at the commencement date of any Services rendered, as a likely result of breach of these Terms:

(a) indirect, incidental, special, remote or unforeseeable loss or damage;

(b) costs or expenses incurred to prevent or reduce loss or damage which otherwise may be incurred or suffered by a third party; or

(c) loss or damage of the nature set out above in clauses (a) and (b) that is incurred or suffered by or to a third party.

Customer means any person who engages Clarity Labs for the purchase of our Services, or other offerings from time to time;

Fees means all fees payable by you to Clarity Labs as displayed on our Website or as otherwise provided to you in writing by Clarity Labs;

Laboratory Partner means the NATA-accredited pathology providers as listed on our Current Partners page (available at: https://www.claritylabs.com.au/partners) from time to time. Technology service providers are listed separately;

Loss means any loss, damage, debt, cost, charge, expense, fine, outgoing, penalty, diminution in value, deficiency or other liability of any kind or character (including legal and other professional fees and expenses on a full indemnity basis) that a party pays, suffers or incurs or is liable for, including all:

(a) liabilities on Account of tax;

(b) interest and other amounts payable to third parties;

(c) legal and other professional fees and expenses (on a full indemnity basis) and other costs incurred in connection with investigating, defending or settling any Claim, whether or not resulting in any liability; and

(d) all amounts paid in settlement of any Claim,

and "Losses" shall have the same meaning;

Materials means any prework activities, brochures, instructional material, advertising literature or any other written resources pertaining to the Services provided to the Customer by Clarity Labs from time to time;

Payment Gateway means any online payment platform, including Stripe or any other gateway we may elect to use from time to time;

Platform means Clarity Labs digital platform for test ordering and results access and all associated systems and databases that facilitate our Services;

Privacy Policy means our privacy policy available at [insert link];

Representative means Clarity Labs' directors, officers, contractors, employees, consultants, partners, advisors or other affiliates from time to time;

Services means the Platform and any associated Services we provide as outlined in clause 1.

Website means the whole or any part of the web pages located at www.claritylabs.com.au including the layout of this Website, individual elements of the Website design, underlying code elements of this Website, or text, sounds, graphics, animated elements or any other content of this Website;

Stripe means Stripe, Inc., being an online third-party Payment Gateway used by Clarity Labs for billing purposes;

Uploaded Content means any and all content that is submitted, posted or otherwise uploaded to the Website, including but not limited to any descriptions, reviews, feedback, comments and/or media;

User means any person visiting or using the Website or Services whatsoever, regardless of whether registered or unregistered;

Warranties mean any warranties, conditions, terms, representations, statements and promises of whatever nature, whether express or implied;

Wellness Program means any non-clinical initiative, service, or offering provided by Clarity labs to corporate clients or group entities, designed to support general health awareness, wellbeing promotion, and health-related education;

You, you, or your mean any person, corporation or other body corporate, partnership, trust or association and any governmental agency and that person's personal representatives, successors, permitted assigns, substitutes, executors and administrators who uses or accesses the Website, including any Customer and User.

Interpretation

In these Terms, the following rules of interpretation apply unless the context requires otherwise:

(a) headings are for reference purposes only and in no way define, limit or describe the scope or extent of any provision in these Terms;

(b) where any word or phrase is defined, any other part of speech or other grammatical form of that word or phrase has a cognate meaning;

(c) a reference to a document (including these Terms) is a reference to that document (including any schedules and annexures) as amended, consolidated, supplemented, novated or replaced;

(d) an expression importing a natural person includes any individual, corporation or other body corporate, partnership, trust or association and any governmental agency and that person's personal representatives, successors, permitted assigns, substitutes, executors and administrators;

(e) a reference to writing includes any communication sent by post, facsimile or email;

(f) a reference to time refers to time in Sydney, New South Wales and time is of the essence;

(g) all monetary amounts are in Australian currency;

(h) the word "month" means calendar month and the word "year" means 12 calendar months;

(i) the meaning of general words is not limited by specific examples introduced by "include", "includes", "including", "for example", "in particular", "such as" or similar expressions;

(j) a reference to a "party" is a reference to a party to these Terms, and a reference to a "third party" is a reference to a person that is not a party to these Terms;

(k) a reference to any thing is a reference to the whole and each part of it;

(l) a reference to a group of persons is a reference to all of them collectively and to each of them individually;

(m) words in the singular include the plural and vice versa; and

(n) a reference to one gender includes a reference to the other genders.

Schedule 1 - Prohibited Conduct

YOU MUST NOT:

use any device, routine or software that interferes, or attempt to interfere, with the proper working of this site;
engage in any action that requires, or may require, an unreasonable or excessively large load on our infrastructure;
use this Website to decipher passwords or security encryption codes, transmit any worms, viruses or Trojan horses, transfer or store illegal, threatening or obscene material or otherwise violate the security of any computer network;
use this Website to violate any applicable local, state, national or international law, to engage in any misleading or deceptive online marketing practices or for any fraudulent or malicious purposes;
use any spider, robot or search/retrieval application or any screen scraping, data mining or similar data gathering device, process, program or means to access, retrieve or index any portion of this Website;
use this Website by any automated means;
use this Website to transmit junk mail, spam or chain letters or pyramid schemes or engage in other flooding techniques or mass distribution of unsolicited email;
access, retrieve or index any portion of this Website for use in constructing or populating any database that is searchable online or for the purpose of soliciting or sharing reviews;
interfere with the display of any advertisements appearing on or in connection with this Website;
reverse engineer, decompile, disassemble, adapt, modify, translate, frame or reformat any of the material contained on this Website;
reproduce, duplicate, sell, copy or store any of the Material appearing on this Website or the Products, which shall be used solely for your own personal and non-commercial use;
falsely imply that any other website is associated with this Website;
do anything that leads, or may lead, to a decrease in the value of Clarity Labs' Intellectual Property Rights in this Website;
use or exploit any of the Material appearing on this Website for, or in connection with, any business or enterprise (whether for profit or otherwise), including any business or enterprise that is in competition with this site;
release to the public any news release, advertising material, promotional material or any other form of publicity or information relating to Clarity Labs without Clarity Labs' prior written consent; or
use this Website to transmit any information or material that is, or may reasonably be considered to be:
- abusive, threatening, harassing, harmful, obscene, indecent, lewd, inflammatory, violent, vulgar, profane, racially, ethnically or otherwise objectionable or offensive in any way;
- libellous, defamatory, pornographic, sexually explicit, unlawful or plagiarised;
- infringing upon or violating any copyright, trademark, patent or other intellectual property or proprietary right;
- in breach of any duty of confidentiality by which you are bound, whether by way of a fiduciary or contractual relationship;
- in breach of any person's privacy or publicity rights;
- a misrepresentation of facts, including the impersonation of any person or entity or a misrepresentation of an affiliation with any person or entity (including any sponsorship or endorsement);
- in violation of any applicable law, statute, ordinance or regulation, or encouraging of others to do so;
- containing any political campaigning material, advertisements or solicitations; or
- likely to bring Clarity Labs or any of its staff into disrepute.