// TERMS & CONDITIONS
These terms and conditions outline the rules and regulations for the use of our website, www.optimumtesting.com.au (referred to as "our Website"). When receiving the Services in any manner or purchasing our Services, you agree to comply with and be bound by these terms and conditions.
Individuals under the age of 18 are considered minors (Minors).
Minors are not permitted to use our Website or receive our Service or provide any information to us without the authorisation and supervision of that Minor’s parent or legal guardian. The Minor’s parent and/or legal guardian jointly and severally acknowledge that:
i. they have given the Minor the express authorisation to:
use our website;
receive our services; and /or
provide us with information;
ii. these terms and conditions bind them jointly and severally on behalf of the Minor;
iii. whilst the Minor receives our Services, they do so at their own risk and will not hold us liable;
iv. they must inform us of any allergies or medical conditions that the Minor may have and provide clear and necessary instructions regarding the same and they must inform us and otherwise punctually update us of any such changes;
v. they warrant and represent that the Minor does not have any medical conditions that would prohibit them from participating in or otherwise receive our Services; and
vi. they are responsible for the Minor participating in our Services.
To the extent permitted by law, any parent and/or guardian of any Minor jointly and severally release and forever discharge us from any and all claims which they have, could, would or might at any time have, or have had, including any loss and liabilities arising directly or indirectly out of or in connection with (without limitation):
i. any injury or death;
ii. the Services;
iii. the use of our Website;
iv. the provision of any information to us;and
v. these terms and conditions.
To the extent permitted by law, any parent and/or guardian of any Minor jointly and severally indemnify us against any and all claims that we may sustain or incur as a result, whether directly or indirectly, of (without limitation):
i. any breach of these terms and conditions;
ii. any failure to make any payment in consideration for our Services;
iii. any monies due and payable to us;
iv. the use of our Website;
v. the provision of any information to us; or
vi. any act or omission (including negligent acts or omissions).
In these terms and conditions, "we," "us," or "our" refers to Optimum Testing (ACN) 675 799 498, while "you" refers to any user of the Website and any customer of ours receiving the Services through any means.
1. Our Services
We offer health screening services as described on our Website.
Our Services are not suitable for individuals with complex illnesses.
It is important to continue regular visits to your doctor and not solely rely on our Services.
The Services may involve the risk of injury and you accept to participate in and use these services at your own risk.
You are responsible for, and must monitor, your own physical condition at all times and participate in our Services at a level that is appropriate given your knowledge of your health and you must follow the directions of any medical advice. You, at all times, must immediately stop receiving the Services or seek medical assistance if any unusual symptoms occur.
2. Acceptance of your order and Pathology Request Forms
When you place an order for our Services, your order is an offer to purchase our Services. Nothing said or done by us is an acceptance of an order until we confirm acceptance in writing, referring to in the order.
We may decline to perform the Services to you without giving any reason.
We may alter our Services in whole or in part, at any time and for any reason. You may cancel your order in case you do not agree with any changes. If you do not cancel your order, you will be deemed to have accepted the new terms of Services.
Once you place an order you will either be sent a test kit in the mail, or be given access to, a pathology request form for the tests you have ordered. Each test kit or pathology request form is only valid for 6 months from the date an order is made. We reserve the right to charge you additional fees if you use a test kit or pathology request form outside the 6 month validity period.
Pathology request forms must only be used at collection centres specified during your consultation.
3. Registered Users or Member
In order to access the Services, you must agree to be contacted by one of our healthcare professionals whereby a profile is made on your behalf by us. You must complete registration by providing certain information as set out in our consultation. Please refer to our Privacy Policy linked on our home page for information relating to our collection, storage and use of the details you provide on registration.
You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration/membership details from time to time when they change.
4. Your Account with Us
We reserve the right to terminate your registration and/or membership at any time if you breach these terms and conditions.
Our services are intended to be used by registered users within Australia only.
5. Pricing, Additional Fees, and Payment
In consideration for us providing you with the Services and for our time in determining your tests and booking your consultations, you irrevocably agree to pay us our Service prices upon request.
Our fees are not, under any circumstances, refundable.
The prices for all Services you order are clearly delineated on our Website and will otherwise be disclosed by us through other various methods as necessary. Upon furnishing your consent, you commit to remit payment for our Services in accordance with the prevailing pricing listed on our Website at the time of acquisition and commensurate with the Services you elect.
We retain the prerogative to revise our Service prices at any juncture preceding the placement of an order. Following the confirmation of an order, the prices shall remain unchanged.
Any associated bank charges, PayPal fees, or third-party credit card processing fees (e.g., those assessed by 'Stripe') arising from transactions shall be borne by you. Such fees shall be invoiced to you at the point of checkout.
6. Additional charges may be levied under the ensuing circumstances:
Unauthorised utilisation of one or multiple pathology request forms.
Deployment of expired pathology request forms or for tests not procured on our Website.
Repetitive utilisation of a single pathology request form at a collection centre (please note: each form is intended for singular use only).
Patronage of a collection centre not stipulated on our Website, where supplementary charges may be imposed by the operational laboratory.
7. Cancellation and Refund Policy
You may cancel your order, the Services, or any consultations at any time within 24 hours prior notice (Cancellation Policy). All order cancellations will incur a $10 pathology referral fee. Where the order includes a test kit the order cancellation will incur a $20 fee to cover the cost of the test kit and postage.
All cancellations made by you after 24 hours of prior notice will incur a full Service Fee charge.
The Cancellation Policy does not apply if:
The 24 hour period has expired.
You have already attended a collection or testing centre;
You have failed to attend a confirmed appointment (if any);
Your test kit (if applicable) has already been despatched;
Your sample has already been sent off for testing; or
4. To cancel your order please send us an email to info@optimumtesting.com.au stating that you wish to cancel your order and the reason for the cancellation. Your reason for cancellation will not affect your cancellation.
5. If you are entitled for a refund under this clause then we will process your refund within 14 business days of receiving your cancellation request.
8. Security of your credit card
We prioritise the safety and security of our Website for your use.
Payment transactions via cards are conducted outside of pages under our direct control. We engage one or more online payment service providers, who employ encryption protocols to safeguard your card or bank account information within a secure environment.
9. Intellectual Property
We grant you a limited license to access and utilise our information in all our materials (such as our Content website, letterheads, emails etc.,) for personal purposes.
Unless expressly permitted under the Copyright Act 1968 (Cth), any reproduction, distribution, display, or other use of our information without our prior written consent is strictly prohibited.
This license for accessing and using our information does not extend to the use of data mining robots or other extraction tools. Additionally, it does not authorise the meta-tagging or mirroring of any of our information without our explicit written authorisation. We retain the right to issue a notice should we become aware of any such meta-tagging or mirroring activity.
You are prohibited from copying, modifying, publishing, transmitting, transferring, selling, reproducing, creating derivative works from, distributing, performing, displaying, or otherwise exploiting any Content from us, whether in whole or in part.
The use of our name, logos, trademarks, or those of any third party featured on our Website requires prior written consent from us or the relevant third party.
10. Service Warranties
Certain legislation including the Australian Consumer Law (ACL) in the Consumer and Competition Act 2010, and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of Services by us to you which cannot be excluded, restricted or modified (Statutory Rights).
Our liability is governed solely by the ACL and these terms and conditions. We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights. Unless the Statutory Rights apply, the Services, and all other material and work is provided to you without warranties of any kind, either express or implied; and we expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose.
If your Statutory Rights apply because you are a consumer as defined in the ACL, then we guarantee that the Services:
we supply to you are rendered with due care and skill as reasonably expected in the circumstances;
will be fit for the purpose that we advertise, or the Services will give the result that we have agreed to in writing with you prior to providing the Services; and
will be supplied within a reasonable time.
4. To the extent that any limitation on our liability (under this clause 10 or this agreement as a whole) is not permitted by law, then our total liability for loss or damage you suffer or incur from our Services is limited to either resupplying (or refunding to you the amount you have paid us for) the Services to which your claim relates at our absolute discretion.
11. Disclaimers
All the conditions, warranties or other terms implied by the law of any country other than the Commonwealth of Australia are excluded from this agreement to the extent permitted by law.
We make no warranties about the Services being able to prevent disease.
Our Services are not a substitute for medical advice and medical treatment.
We or our Content suppliers may make improvements or changes to our Website, the Content, or to any of the Services, at any time and without advance notice.
You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention any that you find.
Use of our Website is at your own risk. To the extent permissible by law, we do not make any, and exclude all express or implied warranties, representations, statements, terms and conditions relating to your use of the Services or Content available on or from our Website.
We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of our Website or the Services.
You release and forever discharge us from any and all claims which you have, could, would or might at any time have, or have had, including any claims or liabilities arising directly or indirectly out of or in connection with (without limitation):
your injury or death resulting from or connected to engaging in any Services:
the Services;
the Website; and
the Content;
9. To the extent permitted by law, and for the avoidance of doubt, we will not be liable for any death, injury, loss, or liability that you may incur as a result of any of the services provided by us.
10. You indemnify and hold us harmless from all liabilities and claims which we suffer, pay or incur directly or indirectly out of or in connection with this the Services we provide you.
12. Matters beyond our reasonable control
There may be instances where we may not be able to perform certain or all obligations that we have agreed to in this agreement because of something beyond our reasonable control, which may include but is not limited to, events that constitute a force majeure which may include: lightning, flood, severe weather, fire, explosion, terrorist activities, anything done by a government body or other competent authority, industrial disputes, technical difficulties, power outages, hardware difficulties, software difficulties or other acts, events or omissions that affect our capacity to perform certain or all obligations that we have agreed to in this agreement. There may be other reasons too, not expressly set out here. In these cases, you irrevocably and unconditionally agree that we do not accept responsibility or liability for not providing you with the Services or for breaching our obligations.
13. Hyperlinks
Our Website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of, or privacy compliance by any linked website.
Any hyperlink on our Website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information, services and/or products which they provide.
You may link our website only with our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our Website's contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials. This permission is conditional upon you not portraying us or any Service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
14. Security of Our Website
If you violate our Website and/or any terms of this agreement, we may take legal action against you.
You agree that you will not, and will not allow any other person to:
modify, copy, or cause damage or unintended effect to any portion of our Website, or any software used within it.
link to our Website in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;
download any part of our Website, without our express written consent;
collect or use any product listings, descriptions, or prices;
collect or use any information obtained from or about our Website or the Content except as intended by this agreement;
aggregate, copy or duplicate in any manner any of the Content or information available from our Website, other than as permitted by this agreement or as is reasonably necessary for your use of our Website;
share with a third party any login credentials to our Website.
15. Indentity
You agree to indemnify us against all costs, claims and expense we suffer, or could suffer, arising directly or indirectly from:
a collection or testing centre being unable to undertake some or all of your tests;
any injury you suffer during, or as a result of, any test (including but not limited to bruising, infection or localised pain);
you attending an unauthorised collection or testing centre;
any delay in us providing you the results of your test;
your failure to act on our advice or recommended course of actions;
your failure to disclose your test results (in whole or in part) to a GP or other medical professional;
a contractual or negligence claim arising from your use of the Services, or arising from your use of our Website;
a breach of the intellectual property rights of any person;
your breach of this agreement;
your unauthorised use of pathology request forms;
any loss you suffer due to your password being hacked, lost or stolen or used by a party who was not authorised to use your password;
your disclosure of health information to us;
any act, neglect or default by any agent, employee, licensee or customer of yours; and
your failure to comply with the law of any country.
16. Miscellaneous matters
When we communicate with you we do so by email and/ or phone. You agree that email and/ or phone communications are contractually binding in the same way as properly signed and dated paper sent by post. Notes via phone consultations will be recorded on your consumer file and stored accordingly.
Where we provide services or products without specific charge to you, then they are deemed to be provided free of charge, and not to be associated with any other services for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those products or that service.
If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
Any communication to be served on either party by the other shall be delivered by e-mail. It shall be deemed to have been delivered, if sent to the address from which the receiving party has last sent e-mail: within 48 hours if no notice of non-receipt has been received by the sender.
In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
This agreement does not give any right to any third party.
Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control, including any labour dispute between a party and its employees.
In the event of any conflict between any term of this agreement and the provisions of the constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
The jurisdiction, validity, construction and performance of this agreement shall be governed by the laws of the State of New South Wales, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of New South Wales.
17. Definitions
In this agreement:
“Content” means any content in any form such as but not limited to text, photographic images, videos, icons, emoji, published on our Website by us, by you, or by any third party with our consent.
“Services” means the services provided and products sold by us to (and paid for by) you within the scope of our practice.
“Website” means the website where these terms and conditions are placed and includes all web pages controlled by us including any and all subdomains.
18. Our contract with you
This agreement constitutes the entirety of the understanding between the involved parties and supersedes all prior agreements and arrangements.
Each party acknowledges that, by entering into this agreement, they do not rely on any representation, warranty, information, document, or other term not explicitly outlined within this agreement.
Should you utilise our Website in any capacity and place an order on behalf of another individual, you affirm that you possess full authority to do so, assuming personal responsibility for every action or omission undertaken.
We do not provide assurance regarding the availability of Services advertised on our Website. Furthermore, we reserve the right to amend these terms periodically. The terms applicable to you are those published on our Website at the time of Service ordering.
In the event that you acquire Services from us through an alternative arrangement not involving payment via our Website in the future, these terms shall remain applicable to the fullest extent feasible.
19. Interpretation
In these terms and conditions, unless the context requires otherwise:
A reference to a "person" denotes one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation.
By accessing the Services through our Website or by any other means, you unconditionally and irrevocably agree to abide by these terms and conditions, all applicable laws and/or regulations, and accept full responsibility for compliance therewith.
These terms and conditions take precedence over any terms proposed by you.
Any agreement by a party not to undertake or omit an action includes an obligation not to permit another individual to undertake or omit the same action.
Any obligation arising from this agreement may be fulfilled by any other party.
References to a party in this agreement encompass individuals to whom such rights and obligations are transferred or delegated as a consequence of a merger, division, restructuring, or other reorganisation involving said party.
The headings to the sections and schedules (if any) of this agreement do not affect its interpretation.
A reference to an "act" or "regulation" includes any subsequent legislation of substantially similar intent to that act or regulation.
In the event of a conflict between these terms and conditions and any other terms and conditions on our Website, these terms and conditions shall prevail.
This agreement is executed solely in the English language. In the event of any inconsistency between the English language version of this agreement and any version or translation thereof in any other language, the English language version shall govern.