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Terms of Service

The Service Provider: Prescience Health

Client Information

The Services Agreement will be binding upon any Client of Prescience Health upon the earliest of them indicating their agreement via checkbox or email, making payment and/or taking any meaningful steps towards obtaining or receiving the Services.

Client Information Sheet

The Client Information sheet contains important information about the following:

  • Wellness Services
  • Privacy Statement
  • Pre-payment
  • Blood Collections
  • Payment information
  • Cancellation policy

Please read and understand the information within this sheet.

Wellness Services (“Services”)

The Service Provider liaises with the Client to arrange appropriate blood testing and a subsequent report on the results of this testing. The Service Provider will compile test results into an easy-to-read report (“Results Report”). This Results Report is not medical advice. Additional Services may be provided upon request.

Fees & Cancellation

This Fees are a once-off payment that includes any expenses incurred for collecting blood samples and associated lab analysis. This amount must be pre-paid and to the extent allowable by law, the payment is non-refundable once paid.

Cancellation

The Client may cancel any time up until their blood has been collected. After that time the full fee will be forfeited.

Important Information About the Wellness Services

  1. The information provided in the Results Report is not intended to be a substitute for professional medical advice, diagnosis or medical consultation. We encourage participants to never disregard professional medical advice, or delay in seeking it. Never rely on information from our Results Report in place of seeking professional medical advice.
  2. Clients are advised to do their own research before making lifestyle changes or seek the services of their chosen health professional to consult on these issues.

Information Privacy Notice

Information received by the Client may be used for the following purpose (“Purpose”):

  • Assessing a client to create or consult on a wellness report or management plan.
  • Referring to third parties for blood collections or for further reporting or information. Third parties may include a GP and/or blood analysis laboratories.
  • Sharing information in emergency or high-risk situations.

The Service Provider will not otherwise use or disclose any personal information except where permitted or required by law, or where we have obtained the consent of the individual concerned.

Consent

By using the Services or participating in any aspect of the Services, the Client consents to participate in the Services and acknowledges and agrees:

  1. The Client gives authority to the Service Provider to receive the test results of any bloodwork referred by a GP contracted by, or employed by, the Service Provider for the purpose of the Services.
  2. The Client has read and understood the information contained in this Services Agreement including the summary of the Wellness Services, the Fees and the Important Information.
  3. The Client understands that the Service Provider is not a Medical Provider and, aside from issuing a referral, will not give any medical advice nor should any Services or deliverables provided by the Service Provider be a substitute for medical advice.
  4. The Client releases the Service Provider from any liability for any loss, injury, damage or death which they may suffer or incur directly or indirectly arising from any reliance on the Services as medical advice.
  5. The Client has read and agrees to the Terms of Service.
  6. The Client acknowledges and agrees that the Service Provider may use and disclose the Personal Information disclosed to them for the Purpose or as permitted or required by law. The Client understands that they can revoke this permission at any time, but this may compromise their ability to be treated.
  7. The Client acknowledges and agree that the Service Provider may decline to treat them for any reason but in particular will refuse the Services where participation would pose a serious risk to the Client’s own health, safety and/or wellbeing or that of others or would risk a breach in law, regulation or relevant guidelines.
  8. The Client is at least eighteen years old (or if under eighteen years old they have the requisite capacity and understanding to participate in the Services and agree to the Services Agreement).
  9. The Client certifies that the information they have supplied to the Service Provider is true and correct.
  10. The Client understands that failure to disclose information or provision of false, fraudulent or misleading information, may compromise the Services, cause them harm and/or cause the Service Provider to decline to perform the Services.
  11. If the Clients fails to comply with this Services Agreement, they acknowledge the Services may be cancelled and they will be responsible for all costs associated with the Services up until cancellation and that no refunds will be issued.

Terms of Service

1 Definitions

In terms:

  • Business Day means a day which is not a Saturday, Sunday or public holiday in Brisbane, Queensland.
  • Claim means a claim, action, demand, damage, loss, liability, cost, charge, expense (including legal costs on a full indemnity basis), outgoing, fine or payment.
  • Service Provider means the Service Provider named in the Services Agreement.
  • Confidential Information in relation to a party means information of a confidential nature including information about its business, operations, strategy, administration, technology, affairs, Clients, customers, employees, contractors or Clients, but does not include any information which is in the public domain other than through a breach of confidence.
  • Consequential Loss means any loss of profits, loss of revenue, loss of any contract value, loss of anticipated profits, loss of reputation, loss of goodwill, damages for lost opportunity or any indirect or consequential loss not arising as a natural consequence of a breach or other event giving rise to liability of a party.
  • Fees mean the amount specified by the Service Provider from time to time.
  • GST and GST Law have the meaning given in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
  • Intellectual Property Rights means all present and future rights in relation to copyright, trademarks, designs, patents, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of the Services Contract, and whether in Australia or otherwise.
  • Law means any applicable statute, regulation, by-law, ordinance, policy or subordinate legislation in force from time to time in Australia, whether made by a State, Territory, the Commonwealth or a local government, and includes the common law and equity, and any mandatory standards or industry codes of conduct.
  • Client means the Client listed in the Services Agreement.
  • Personal Information means information or an opinion (including information or an opinion forming part of a database) whether true or not, and whether recorded in material form or not, about an individual whose identity is apparent, or can be reasonably ascertained, from the information or opinion.
  • Personnel means a party’s officers, employees, agents, consultants, contractors and subcontractors.
  • The Services may include prescribing medication(s), referrals, ongoing the Services, one-off the Services, assessment and/or management plans.

2 General

  1. 2.1 These Services Terms apply to the Services of any Client at the Service Provider.
  2. 2.2 Any quote and/or intake combined with the entirety of this Document including These Terms of Service and the consent box make up a binding Services contract (“The Services Contract”).
  3. 2.3 The Services Agreement will be binding upon any Client of Prescience Health upon the earliest of them indicating their agreement via checkbox or email, making payment and/or taking any meaningful steps towards obtaining or receiving the Services.

3 Term

  1. 3.1 The Services Contract will apply for so long as the Client is receiving the Services from the Service Provider.

4 Eligibility

  1. 4.1 By accepting this The Services Contract, you acknowledge and agree that:
    1. (a) you are at least 18 years old; and
    2. (b) if you are accepting this agreement on behalf of another person, you have the consent of that person to enter into this agreement and you represent and warrant that that person agrees to the terms and conditions of this agreement.

5 Client Obligations

  1. 5.1 As part of receiving the Services, the Client must provide the Service Provider with all documentation and information reasonably required by the Service Provider to perform the Services. The Client represents and warrants that it will notify Service Provider if and when any information (such as health circumstances) change.

6 Compliance with Laws

  1. 6.1 The Client agrees that it will not, by receiving or requesting the Services:
    1. (a) breach any applicable Laws (including any applicable privacy laws); or
    2. (b) infringe the Intellectual Property Rights or other rights of any third party or breach any duty of confidentiality.

7 Disclaimer

  1. 7.1 (Results not guaranteed) The Client accepts that the Service Provider cannot guarantee any outcome as part of the Services. They cannot guarantee that the Services will be suitable for the Client. The Client acknowledges and agrees that each person is an individual and results may vary.
  2. 7.2 (Reliance on information) The Client acknowledges and agrees that The Services is reliant on the information and/or documentation the Client provides about their health. They agree to provide the Service Provider with updated, accurate and complete information. By attending the Service Provider, the Clients represents and warrants that they have fully informed the Service Provider of their medical history and any existing conditions, including injuries, physical and mental restrictions, disabilities or predispositions to sickness or injury (Conditions) that may affect their participation in The Services or if they are aware of such Conditions, they participate in any the Services provided by the Service Provider entirely at their own risk,
  3. 7.3 (Risk) the Client acknowledges and agrees that there are risks in receiving Services including risks associated with blood collections. If at any point the Client wishes to stop receiving the Services, they must notify the Service Provider immediately.
  4. 7.4 (Suitability) If the Service Provider conclude that the services are not suitable for the Client, they reserve the right to stop providing the Services and may refer the Client to another provider.

8 Confidentiality

  1. 8.1 Each party and its Personnel must not disclose Confidential Information of the other party without the first party’s prior written consent, unless such disclosure is required by Law.
  2. 8.2 Each party must only use the Confidential Information of the other party for the purpose for which it was disclosed in connection with the Services Contract.

9 Privacy

  1. 9.1 The parties must comply with:
    1. (a) if applicable, their respective obligations under the Privacy Act 1988 (Cth); and
    2. (b) the Service Provider’s privacy policy as in force from time to time.
  2. 9.2 The Service Provider will keep the Client informed of any changes to its privacy policy during the Term.
  3. 9.3 The Service Provider may collect sensitive information about you (or your child) during the course of providing the Services. You can read more about the type of information we collect by reading our privacy policy here: [insert link]. By signing our privacy and consent forms, you consent to your participation in the Services and the collection and use of your sensitive information in accordance with our privacy policy.

10 Fees and Payment

  1. 10.1 The Client must pay the Fees as directed by the Service Provider and this includes any prepayment of the Fees.
  2. 10.2 To the maximum extent permitted under the Competition and Consumer Act 2010 (Cth) any Fees paid in accordance with this agreement are non-refundable.
  3. 10.3 The must be paid prior to the consultation unless otherwise agreed or directed by the Service Provider.
  4. 10.4 The Service Provider will issue a valid tax invoice to the Client for payment of the Fees. The Client must pay the Fees in accordance with the remittance method set out in an invoice.
  5. 10.5 The Service Provider reserves the right to suspend all or part of the Services indefinitely where the Client fails to pay the Fees.
  6. 10.6 The Service Provider reserves the right to charge credit card surcharges in the event payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).

11 Limitation of liability

  1. 11.1 To the maximum extent permitted by law the total liability of each party in respect of loss or damage sustained by the other party in connection with this agreement is limited to the Fees charged in the previous 12 months.
  2. 11.2 No party will be liable for Consequential Loss associated with this Services Contract.

12 Termination

  1. 12.1 Either party may terminate this Services Contract at any time however termination will result in the cessation of all the Services and cancellation fees may apply.
  2. 12.2 If the Client cancels after the Service Provider has referred the Client for the blood collection, they will be liable for the full Fees.
  3. 12.3 The parties acknowledge that the Service Provider reserves the right to stop the Services at any time for any reason without liability.

13 Third Party terms and Conditions

  1. 13.1 If the Clinic is required to acquire goods or services supplied by a third party, the Patient may be subject to the terms and conditions of that third party (‘Third Party Terms’).
  2. 13.2 The Patient agrees to any Third Party Terms applicable to any goods or services supplied by a third party that the Patient or the Clinic acquires as part of providing the goods or services and the Clinic will not be liable for any loss or damage suffered by the Patient in connection with such Third Party Terms.

14 Other

  1. 14.1 Any term of this The Services Contract which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity or enforceability of the remainder of this The Services Contract is not affected to the extent permitted by law.
  2. 14.2 Each party must promptly do whatever any other party reasonably requires of it to give effect to the Services Contract and to perform its obligations under the Services Contract.
  3. 14.3 No waiver of a right or remedy under the Services Contract is effective unless it is in writing and signed by the party granting it.
  4. 14.4 No variation of the Services Contract is effective unless made in writing.
  5. 14.5 This Services Contract is governed by the laws of Queensland and each party submits to the exclusive jurisdiction of the courts of Queensland.