Terms and Conditions

Service

Disclaimers

We provide a service allowing you to obtain personalized, comprehensive diagnostics and insights about your health via online assessments and consultations with a medical practitioner (Services). If you require immediate medical attention, contact your treating general practitioner or call 000.

We do not perform consultations or offer treatment for illnesses, injuries and other medical concerns. We do not provide prescriptions or medical certificates. DO NOT USE OUR PLATFORM if you have an emergency or critical medical condition including chest pain, respiratory distress, stroke, or any other illness requiring medical attention.

If you are in doubt about the seriousness of your condition, the appropriateness or effectiveness of using our Services or believe that you, or another person is in an urgent, dangerous or emergency situation, you should not use our Services and instead contact 000 immediately or seek alternative and appropriate medical services.

As part of our services, our role is limited to referring you to an applicable third party Australian registered medical practitioner or specialist. The medical practitioner or specialist may, based on their own judgements, medical expertise and assessment of your suitability for such treatments, provide alternative medicines or treatments to you. We are not responsible for, nor do we make any guarantees as to, medical advice, products or services that a third party (including a medical practitioner) may provide you.

Our Disclosures

Our complete terms and conditions are contained below, but some important points for you to know before you purchase a Membership are set out below:

  • we will handle your personal information in accordance with our privacy policy, available at https://everlab.au/privacy-policy;
  • subject to your Consumer Law Rights:
    • (in respect of any failure by us to comply with relevant Consumer Law Rights) our Liability is limited (at our discretion) to supplying the Services again or paying the cost of having the Services supplied again;
    • our aggregate liability for any Liability arising from or in connection with these Terms will be limited to the Fees paid by you to us in respect of the supply of the relevant Services to which the Liability relates; and
    • we will not be liable for you not providing us or a Third Party Medical Provider with correct and complete current health and medical information, any negligence or errors made by a Third Party Medical Provider, failure to follow any reasonable instructions provided to you by us, Consequential Loss or delays or failures in performance due to Force Majeure Events;

These Terms does not intend to limit your rights and remedies at law, including any of your Consumer Law Rights.

1. Acceptance

  • 1.1

    These terms and conditions (Terms) are entered into between HC Operating Pty Ltd T/A everlab ACN 664 282 553 (we, us or our) and you, together the Parties and each a Party.

  • 1.2

  • 1.3

    You accept these Terms by the earlier of (a) accepting these Terms on the Platform; (b) filling out the consultation form on our Platform (Consultation Form), (c) accepting the invitation we send to you (Invitation); or (d) making payment of any part of the Fees.

  • 1.4

    We may amend these Terms at any time, by providing written notice to you. By clicking “I accept” or continuing to use our Platform after the notice or 30 days after notification (whichever date is earlier), you agree to the amended Terms. If you do not agree to the amendment, you may close your Account and cancel your Membership with effect from the date of the change in these Terms by providing written notice to us. If you cancel your Membership:

    • you will no longer be able to access our Services (including our Platform) on and from the date of cancellation; and
    • if you have paid Fees upfront, you will be issued a pro-rata refund based on the portion of the Membership Period remaining.

2. Services

  • 2.1

    Our services include providing you with access to the platform, any consultations with a Doctor, including an Onboarding Consultation, any referrals needed for tests or investigations by other providers such as pathology or imaging requests (Medical Testing) or compiling your answers to the questionnaires with the results obtained from the Medical Testing and preparing a report setting out your results (Report). You will be provided with a personalised list of the services included in your Membership after your Onboarding Consult with a doctor (Services).

3. Memberships

  • 3.1

    Our Platform and Services can only be accessed by Invitation.

  • 3.2

    You may request an Invitation by completing the waitlist form on our Platform (Invitation Request).

  • 3.3

    Where you have been accepted, you will receive an Invitation from us via email including additional information about the services we offer and a unique link to a membership form (Membership Form) to sign up for our services (Membership) on the Platform. This includes having an introduction call with us to discuss your Membership options (Introduction Call).

  • 3.4

    Access to our Services and the Membership are subject to criteria. You can determine whether you are eligible for our Services by completing the questionnaire accessed here https://onboard.everlab.au.

4. Third Party Providers

  • 4.1

    You acknowledge and agree that access to the Platform may be reliant on certain Third Party Providers, including IT providers or CRM providers. You agree to comply with the terms and conditions applicable to the relevant Third Party Providers (Third Party Terms) at all times.

  • 4.2

    You acknowledge and agree that if you do not agree to any Third Party Terms, this may affect our ability to provide the Services.

  • 4.3

    To the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with any Third Party Terms.

  • 4.4

    This clause 4 will survive the termination or expiry of these Terms.

5. Third Party Medical Providers

  • 5.1

    You acknowledge and agree that:

    • where we have provide you with any referrals for Medical Testing that you are responsible for booking an appointment with the relevant Third Party Medical Providers;
    • you will comply with the terms and conditions applicable to the relevant Third Party Medical Providers and any reasonable instructions provided by the Third Party Medical Providers;
    • if you do not attend appointments for the Medical Testing, or do not follow the instructions of the Third Party Medical Providers, that your Report may not be accurate, or that we may not be able to prepare a Report; and
    • we are not responsible for, and have no control over any consultation, health services or the accuracy of information provided by Third Party Medical Providers.
  • 5.2

    To the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with any Third Party Medical Provider that does not perform its services professionally or accurately.

  • 5.3

    This clause 5 will survive the termination or expiry of these Terms.

6. Introduction Call, Onboarding and Consultations

  • 6.1

    At the end of the Introduction Call, you will receive a link via email to pay a fully refundable deposit as set out on the Platform (Deposit).

  • 6.2

    You will then be able to book an initial onboarding consultation with a medical practitioner (Onboarding Consultation). You are able to select whether you have a preference for a male or female doctor but we do not guarantee that your preference will be available for the Onboarding Consultation.

  • 6.3

    Following the Onboarding Consultation, you will receive a summary of your Onboarding Consultation via email, a summary of the Membership that you have chosen and a link to make payment of the Membership.

  • 6.4

    You are also able to book follow up consultations with a medical practitioner (Consultation) throughout the term of your Membership.

  • 6.5

    You agree that all Consultations may be transcribed for quality and assurance purposes using a third party service provider. The transcripts will be handled in accordance with our Privacy Policy.

  • 6.6

    You may book a Consultation by completing the Consultation Form (Booking Request). We may, at our discretion, accept or reject a Booking Request. Where we reject a Booking Request, we will propose alternative timeslots for you to submit a new Booking Request.

  • 6.7

    You must provide us all information required in the Consultation Form, including your name and contact number.

  • 6.8

    Once we receive your Booking Request, we will send you a confirmation by email with the Consultation details (Booking). It is your responsibility to check the details in the email or text message. 

  • 6.9

    You may cancel your Booking at any time by emailing us, identifying your Booking and requesting cancellation of your Booking. Your Booking will not be cancelled until we provide confirmation of the cancellation of your Booking in writing.

  • 6.10

    Due to unforeseen circumstances, you acknowledge and agree that we or the Doctor may need to reschedule the date of your Booking. Where we need to reschedule a Booking, we will notify you at our earliest convenience and we will reschedule at a time to be agreed between the Parties.

7. Referrals

  • 7.1

    You acknowledge and agree that a Doctor can refer you to a Third Party Medical Provider where they consider it medically appropriate and in line with their legal obligations.

  • 7.2

    You acknowledge and agree that:

    • we are not a party to, or a participant in, any contractual relationship between you and/or Third Party Medical Providers;
    • the Third Party Medical Providers are not our employees or representatives;
    • the Doctors have full and absolute discretion in determining whether referral for Medical Testing or to a Third Party Medical Provider is suitable for you; and 
    • we do not guarantee that a Doctor will refer you to a Third Party Medical Provider following an Onboarding Consultation via the Platform. 

8. Reports and Records

  • 8.1

    Your Doctor will use information that you have provided and the results from the Medical Testing to compile a Report.

  • 8.2

    You acknowledge and agree that if you do not:

    • provide information that is true, correct and complete to us or a Third Party Medical Provider;
    • do not complete all the Medical Testing recommended; or
    • do not follow the instructions of a Third Party Medical Provider; that this may affect the accuracy of the Report or our ability to provide the Report to you.
  • 8.3

    We agree to retain your Reports and any relevant medical records (Records) in accordance with all applicable Laws (including adhering to any mandated data retention periods). The Records will be held in electronic storage by us during and after the Term, having regard to our statutory obligations under the applicable Laws.

  • 8.4

    You agree that the Records are and will remain our property.

  • 8.5

    In the event of termination or expiry of these Terms, you may request a transfer of the Records to your current health practitioner.

9. Deposit, Membership Fees and Payment

  • 9.1

    Where you have decided not to proceed with a Membership after the Onboarding Consultation, the Deposit will be refunded back to your nominated bank account or credit card.

  • 9.2

    Where you have decided to proceed with a Membership after the Onboarding Consultation, after selecting your Membership, you may purchase the Membership by paying the annual Membership fees outlined on the Platform available in the custom plan link shared with you by email after the Onboarding Consult - upfront (Fees) less the Deposit paid. Each membership will last for 12 months from the date you have made the payment (Membership Period).

  • 9.3

    The Fees include the medical profiling test, Consultations and Medical Testing as discussed with the Doctor. You acknowledge and agree that if you opt to undertake additional Medical Testing not included in your Membership, you will be invoiced for them separately.

  • 9.4

    Your Membership can be upgraded at any time through your Account. Any upgrades to your Membership will take effect immediately (and you will be charged the difference between your current Membership and your new Membership on a pro-rata basis). Your Membership can be downgraded at any time through your Account provided you have not commenced any Medical Testing.

  • 9.5

    The payment methods we offer for the Fees are set out on the Platform. We may offer payment through a third-party provider for example, Stripe. You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions.

  • 9.6

    You must not pay, or attempt to pay, the Fees by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment. If payment is made by direct debit, by providing your bank account details and accepting these Terms, you authorise our nominated third party payment processor to debit your account in accordance with these Terms and you certify that you are either an account holder or an authorised signatory on the account for which you provide details.

  • 9.7

    We do not store any credit card details, and all payment information is collected and stored through our third-party payment processor.

  • 9.8

    The Fees are only refundable and cancellable in accordance with your Consumer Law Rights and these Terms.

  • 9.9

    We may need to change the Fees from time to time. If we change the Fees, we will provide you with 30 days’ notice of the change. After 30 days, we will apply the updated Fees to your Membership. If the updated Fees are not acceptable to you, you may cancel your Membership in accordance with the ‘Cancellation of Memberships’ clause.

10. Your Obligations

  • 10.1

    You agree to:

    • comply with these Terms, all applicable Laws, and our reasonable requests;
    • provide us with all documentation, information, instructions, cooperation and access reasonably necessary to enable us to provide the Services;
    • that all information and documentation that you provide to us in connection with the Terms is true, correct and complete; and
    • not (or not attempt to) disclose, or provide access to, the Services to third parties without our prior written consent.
  • 10.2

    You agree to pay our additional costs reasonably incurred as a result of you failing to comply with this clause 10.

11. Confidential Information

  • 11.1

    Each Receiving Party agrees:

    • not to disclose the Confidential Information of the Disclosing Party to any third party (subject to subclause 11.1(c));
    • to protect the Confidential Information of the Disclosing Party from any loss, damage or unauthorised disclosure;
    • to only disclose the Confidential Information to those of its Personnel who need to know the Confidential Information in connection with these Terms, provided those Personnel keep the Confidential Information confidential in accordance with this clause 11; and
    • to only use the Confidential Information of the Disclosing Party for the purpose of performing obligations, or exercising rights or remedies, under these Terms.
  • 11.2

    The obligations in clause 11.1 do not apply to Confidential Information that:

    • is required to be disclosed for the Parties to comply with their obligations under these Terms;
    • is authorised in writing to be disclosed by the Disclosing Party;
    • is in the public domain or is no longer confidential, except as a result of a breach of these Terms or other duty of confidence; or
    • must be disclosed by Law or by a regulatory authority, including under subpoena, provided that (to the extent permitted by Law) the Receiving Party has given the Disclosing Party notice prior to disclosure.
  • 11.3

    Each Party agrees that monetary damages may not be an adequate remedy for a breach of this clause 11. A Party is entitled to seek an injunction, or any other remedy available at law or in equity, at its discretion, to protect itself from a breach (or continuing breach) of this clause 11.

  • 11.4

    This clause 11 will survive the termination of these Terms.

12. Australian Consumer Law

  • 12.1

    Certain legislation, including the Australian Consumer Law, and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the supply of the Services by us to you which cannot be excluded, restricted or modified (Consumer Law Rights). To the extent that you maintain Consumer Law Rights at law, nothing in these Terms excludes those Consumer Law Rights.

  • 12.2

    Subject to your Consumer Law Rights, we provide all material, work and services (including the Services) to you without conditions or warranties of any kind, implied or otherwise, whether in statute, at law or on any other basis, except where expressly set out in these Terms.

  • 12.3

    This clause 12 will survive the termination or expiry of these Terms.

13. Liability

  • 13.1

    To the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with:

    • you not providing us or a Third Party Medical Provider with correct and complete current health and medical information;
    • your failure to follow the Third Party Medical Terms or any reasonable instructions provided to you by us or a Third Party Medical Provider;
    • and
    • any event outside of our reasonable control.
  • 13.2

    Despite anything to the contrary but subject to your Consumer Law Rights, to the maximum extent permitted by law:

    • neither Party will be liable for Consequential Loss;
    • a Party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party (or any of its Personnel), including any failure by that other Party to mitigate its loss;
    • (in respect of any failure by us to comply with relevant Consumer Law Rights) our Liability is limited (at our discretion) to supplying the Services again or paying the cost of having the Services supplied again; and
    • our aggregate liability for any Liability arising from or in connection with these Terms will be limited to the Fees paid by you to us in respect of the supply of the relevant Services to which the Liability relates.
  • 13.3

    This clause 13 will survive the termination or expiry of these Terms.

14. Term and Termination

refund

  • 14.1

    If you do not purchase a Membership in accordance with clause 9.1, the Deposit will be fully refunded to you.

Termination for convenience

  • 14.2

    We may terminate your Membership at any time by giving 30 days’ notice in writing to you. Depending on when you terminate, you may be charged a cancellation fee as set out in clause 14.4 below.

  • 14.3

    You may terminate your Membership at any time during the Term by giving us notice in writing.

  • 14.4

    Cancellation Fee: Where you terminate your Membership under clause 14.3 during the Term, we will refund you a portion of the Fee minus the Cancellation Fee which is calculated as follows:

    • if you cancel prior to the completion of the Medical Testing, a full refund will be provided and a Cancellation Fee will not apply; and
    • if you cancel while Medical Testing is in progress, we will provide you a refund on a pro-rata basis which takes into account the costs of the tests you have completed as part of the Medical Testing. For the avoidance of doubt, if you use a referral after you terminate your Membership, you will be liable for any costs incurred for the applicable Medical Testing; and
    • if you cancel after the completion of the Medical Testing but before your Report is finalised or after your Report is finalised and provided to you, no refund will be provided.
  • 14.5

    You agree that the Cancellation Fee is a genuine pre-estimate of loss, suffered or incurred by us, as a result of your cancellation of the Membership.

Termination for cause

  • 14.6

    A Membership will terminate immediately upon written notice by a Party (Non-Defaulting Party) if:

    • the other Party (Defaulting Party) breaches a material term of these Terms and that breach has not been remedied within 10 Business Days of the Defaulting Party being notified of the breach by the Non-Defaulting Party; or
    • the Defaulting Party goes bankrupt, insolvent or is otherwise unable to pay its debts as they fall due.
  • 14.7

    Upon expiry or termination of these Terms:

    • we will immediately cease providing the Services, remove your access to the Platform;
    • without limiting and subject to your Consumer Law Rights, any payments made by you to us for Services already performed are not refundable to you;
    • you are to pay for all Services provided prior to termination, including Services which have been provided and have not yet been invoiced to you, and all other amounts due and payable under these Terms;
    • where we terminate your Membership, you also agree to pay us our additional costs, reasonably incurred, and which arise directly from such termination (including recovery fees); and
    • we may retain your documents and information (including copies) to the extent required by Law or pursuant to any information technology back-up procedure, provided that we handle your information in accordance with clause 11.
  • 14.8

    Termination of these Terms will not affect any rights or liabilities that a Party has accrued under it.

  • 14.9

    This clause 14 will survive the termination or expiry of these Terms.

15. General

  • 15.1

    Amendment: We may amend these Terms at any time, by providing written notice to you. By clicking “I accept” or continuing to use the Platform and our Services after the notice or 30 days after notification (whichever date is earlier), you agree to the amended Terms. If you do not agree to the amendment and it adversely affects your rights, you may cancel your Membership with effect from the date of the change in these Terms by providing written notice to us. If you cancel your membership, (a) you will no longer be able to use the Platform on and from the date of cancelation, and (b) if you have paid Fees upfront you will be issued a pro-rata refund having regard to the date of termination and the period for which you have paid.

  • 15.2

    Assignment: Subject to clause 15.3, a Party must not assign, novate or deal with the whole or any part of its rights or obligations under these Terms without the prior written consent of the other Party (such consent is not to be unreasonably withheld).

  • 15.3

    Assignment of Debt: You agree that we may assign or transfer any debt owed by you to us, arising under or in connection with these Terms, to a debt collector, debt collection agency, or other third party.

  • 15.4

    Disputes: A Party may not commence court proceedings relating to any dispute arising from, or in connection with, these Terms (Dispute) without first meeting a representative of the other Party within 10 Business Days of notifying that other Party of the Dispute. If the Parties cannot resolve the Dispute at that meeting, either Party may refer the Dispute to mediation administered by the Australian Disputes Centre.

  • 15.5

    Force Majeure: Neither Party will be liable for any delay or failure to perform their respective obligations under these Terms if such delay or failure is caused or contributed to by a Force Majeure Event, provided that the Party seeking to rely on the benefit of this clause:

    • as soon as reasonably practical, notifies the other Party in writing details of the Force Majeure Event, and the extent to which it is unable to perform its obligations; and
    • uses reasonable endeavours to minimise the duration and adverse consequences of the Force Majeure Event.
      Where the Force Majeure Event prevents a Party from performing a material obligation under these Terms for a period in excess of 60 days, then the other Party may by notice terminate these Terms, which will be effective immediately, unless otherwise stated in the notice. This clause will not apply to a Party’s obligation to pay any amount that is due and payable to the other Party under these Terms.
  • 15.6

    Governing Law: These Terms is governed by the laws of New South Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.

  • 15.7

    Notices: Any notice given under these Terms must be in writing addressed to the addresses set out in these Terms, or the relevant address last notified by the recipient to the Parties in accordance with this clause. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.

  • 15.8

    Relationship of Parties: These Terms is not intended to create a partnership, joint venture, employment or agency relationship between the Parties.

16. Definitions

In these Terms, unless the context otherwise requires, capitalised terms have the meanings given to them in the Schedule, and:

ACL or Australian Consumer Law means the Australian consumer laws set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth), as amended, from time to time.

Business Day means a day on which banks are open for general banking business in Sydney, New South Wales, excluding Saturdays, Sundays and public holidays.

Confidential Information means information which:

  • is disclosed to the Receiving Party in connection with these Terms at any time;
  • relates to the Disclosing Party’s business, assets or affairs; or
  • relates to the subject matter of, the terms of and/or any transactions contemplated by these Terms,

whether or not such information or documentation is reduced to a tangible form or marked in writing as “confidential”, and howsoever the Receiving Party receives that information.

Consequential Loss means, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise:

  • any loss or damage that cannot be considered to arise according to the usual course of things from the relevant breach, act or omission, whether or not such loss or damage may reasonably be supposed to have been in the contemplation of the Parties at the time they entered into these Terms as the probable results of the relevant breach, act or omission; and/or
  • without limiting subclause (a), any real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data.

However, the Parties agree that your obligation to pay us the Fees under these Terms will not constitute “Consequential Loss”.

Consumer Law Rights has the meaning given in clause 12.1.

Disclosing Party means the Party disclosing Confidential Information to the Receiving Party.

Force Majeure Event means any event or circumstance which is beyond a Party’s reasonable control including but not limited to, acts of God including fire, hurricane, typhoon, earthquake, landslide, tsunami, mudslide or other catastrophic natural disaster, civil riot, civil rebellion, revolution, terrorism, insurrection, militarily usurped power, act of sabotage, act of a public enemy, war (whether declared or not) or other like hostilities, ionising radiation, contamination by radioactivity, nuclear, chemical or biological contamination, any widespread illness, quarantine or government sanctioned ordinance or shutdown, pandemic (including COVID-19 and any variations or mutations to this disease or illness) or epidemic.

Intellectual Property Rights or Intellectual Property means any and all existing and future rights throughout the world conferred by statute, common law, equity or any corresponding law in relation to any copyright, designs, patents or trade marks, domain names, know-how, inventions, processes, trade secrets or confidential information, circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing, whether or not registered or registrable.

Laws means all applicable laws, regulations, codes, guidelines, policies, protocols, consents, approvals, permits and licences, and any requirements or directions given by any government or similar authority with the power to bind or impose obligations on the relevant Party in connection with these Terms or the supply of the Services.

Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a Party to these Terms or otherwise.

Moral Rights has the meaning given in the Copyright Act 1968 (Cth) and includes any similar rights in any jurisdiction in the world.

New Materials means all Intellectual Property developed, adapted, modified or created by or on behalf of us or you or any of your or our respective Personnel in connection with these Terms or the supply of the Services, whether before or after the date of these Terms and any improvements, modifications or enhancements of such Intellectual Property, but excludes Our Materials and Your Materials.

Our Materials means all Intellectual Property which is owned by or licensed to us and any improvements, modifications or enhancements of such Intellectual Property, but excludes New Materials and Your Materials.

Personnel means, in respect of a Party, any of its employees, consultants, suppliers, subcontractors or agents, but in respect of you, does not include us.

Receiving Party means the Party receiving Confidential Information from or on behalf of the Disclosing Party.

Third Party Provider or Third Party Providers means third parties or services provided by third parties, including IT providers, CRM providers or hosting providers.

Third Party Medical Provider or Third Party Medical Providers means third parties or medical services provided by third parties that we refer you to, including medical practitioners or specialists in areas including pathology or imaging.

Your Materials means all Intellectual Property owned or licensed by you or your Personnel before the Commencement Date (which is not connected to these Terms) and/or developed by or on behalf of you or your Personnel independently of these Terms and any improvements, modifications or enhancements of such Intellectual Property, but excludes Our Materials and New Materials.

Terms and Conditions

Platform

Welcome to everlab! We provide a service allowing you to obtain personalized, comprehensive diagnostics and insights about your health via online assessments and consultations with a medical practitioner (Services). Before using our Platform, please read through these Terms carefully. These Terms set out the terms and conditions for the use of the Platform. You can access the Terms and Conditions for the Services after you create an account.

1. Disclaimer

The information on our Platform and website is intended to be general information only and is in no way intended to be medical advice, treatment or diagnoses, or substituted for the foregoing. We do not accept any liability for any injury, loss or damage incurred by you, or a third party, for your use of, or reliance on, the information published on the Platform or website. You should seek immediate advice from a medical practitioner if you have any concerns related to your health.

2. Our Disclosures

Our complete terms and conditions are contained below, but some important points for you to know before you become a customer are set out below:

  • We will handle your personal information in accordance with our privacy policy, available at https://everlab.au/privacy-policy
  • Our liability under these Terms is limited to the Membership Fee paid by you in the 12 months immediately preceding the act, event or omission giving rise to the Liability (and where there has been less than 12 months of Membership Fee paid, an amount equal to 12 months of Membership Fee calculated on a pro rata basis having regard to the amount of Fees paid and the period of time); and we will not be liable for Consequential Loss;
  • We will have no liability for any aspect of your interaction with the Doctor, including any advice provided or the performance of services; you not providing us with correct and complete current health and medical information; and any event outside of our reasonable control;
  • We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the Platform or for featuring certain products or services on the Platform.

Nothing in these terms limit your rights under the Australian Consumer Law.

3. Introduction

  • 3.1

    These terms and conditions (Terms) are entered into between HC Operating Pty Ltd T/A everlab (ACN 664 282 553) (we, us or our) and you, the individual stated in the Invitation or otherwise accessing the Platform, together the Parties and each a Party.

  • 3.2

    We provide a platform where you can make a booking for an initial health consultation with an Australian registered medical practitioner (Doctor), complete online questionnaires to determine your medical profile and receive a medical report compiled by a Doctor (Platform).

4. Acceptance and Platform Licence

  • 4.1

    You accept these Terms by the earlier of (a) accepting these Terms on the Platform; (b) filling out the consultation form on our Platform (Consultation Form) or (c) accepting the invitation we send to you (Invitation)

  • 4.2

    You must be at least 18 years old to use the Platform.

  • 4.3

    We may amend these Terms at any time, by providing written notice to you. By clicking “I accept” or continuing to use the Platform after the notice or 30 days after notification (whichever date is earlier), you agree to the amended Terms. If you do not agree to the amendment, you may cease accessing the Platform.

  • 4.4

    We may use third party APIs such as Apple Health and/or Google Fit APIs. Your use of third party APIs may be subject to their terms of use.

  • 4.5

    Subject to your compliance with these Terms, we grant you a personal, non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Platform in accordance with these Terms.  All other uses are prohibited without our prior written consent.

  • 4.6

    When using the Platform, you must not do or attempt to do anything that is unlawful or inappropriate, including:

    • anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
    • using the Platform to defame, harass, threaten, menace or offend any person;
    • using the Platform for unlawful purposes;
    • interfering with any user of the Platform;
    • tampering with or modifying the Platform (including by transmitting viruses and using trojan horses);
    • using the Platform to send unsolicited electronic messages;
    • using data mining, robots, screen scraping or similar data gathering and extraction tools on the Platform; or
    • facilitating or assisting a third party to do any of the above acts.

5. everlab Services

  • 5.1

    We agree to use our best endeavours to make the Platform available at all times. However, from time to time we may perform reasonable scheduled and emergency maintenance, and the Platform may be unavailable during the times we are performing such maintenance.

  • 5.2

    Should you be unable to access the Platform, or should you have any other questions or issues impacting on your use and enjoyment of the Platform, you must place a request via the help desk, over the phone or via email. We will endeavour to respond to any support requests in a reasonable period.

  • 5.3

    You acknowledge and agree that the Platform may be reliant on, or interface with third party systems that are not provided by us (for example, cloud storage providers, email clients, CRM systems, and internet providers) (Third Party Services). To the maximum extent permitted by law, we shall have no Liability for any Third Party Services, or any unavailability of the Platform due to a failure of the Third Party Services.

  • 5.4

    You acknowledge and agree that data loss is an unavoidable risk when using any software. To the extent you input any data into the Platform, you agree to maintain a backup copy of any data you input into the Platform.

  • 5.5

    To the maximum extent permitted by law, we shall have no Liability to you for any loss or corruption of data, or any scheduled or emergency maintenance that causes the Platform to be unavailable.

6. Access to the Platform

  • 6.1

    You must register on the Platform to access the Platform’s features. You will be invited to access the Platform via an email and link provided by us.

  • 6.2

    You must provide basic information when registering for the Platform including your contact name and email address and you must choose a username and password.

  • 6.3

    All personal information you provide to us will be treated in accordance with our Privacy Policy.

  • 6.4

    You agree not to share your login details with any other person. Your login is personal and you must not transfer or provide it to others.

  • 6.5

    You are responsible for keeping your login details and your username and password confidential and you will be liable for all activity via your login. You agree to immediately notify us of any unauthorised use of your login.

7. everlab Membership

  • 7.1

    You may request for an Invitation by completing the waitlist form on our Platform (Invitation Request).

  • 7.2

    Where you have been accepted, you will receive an Invitation from us via email including additional information about the services we offer and a unique link to a membership form (Membership Form) to sign up for our services (Membership) on the Platform. This includes having an introduction call with us to discuss your Membership options (Introduction Call).

  • 7.3

    At the end of the Introduction Call, you will receive a link via email to pay a fully refundable deposit as set out on the Platform (Deposit).

  • 7.4

    You will then be able to book an initial onboarding consultation with a medical practitioner (Onboarding Consultation). You are able to select whether you have a preference for a male or female doctor but we do not guarantee that your preference will be available for the Onboarding Consultation.

  • 7.5

    Following the Onboarding Consultation, you may choose between different tiers of Membership with different services and different membership periods as set out on our Platform. You acknowledge that there may be separate terms and conditions that you will have to accept for the Services provided under a Membership.

  • 7.6

    If you do not choose to proceed with a Membership, the Deposit will be fully refunded to your nominated bank account or credit card.

8. Intellectual Property

  • 8.1

    All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the Terms, any content on the Platform, and the products) (Our Intellectual Property) will at all times vest, or remain vested, in us.

  • 8.2

    We authorise you to use Our Intellectual Property solely for the purposes for which it was intended to be used.

  • 8.3

    You must not, without our prior written consent:

    • copy, in whole or in part, any of Our Intellectual Property;
    • reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or
    • breach any intellectual property rights connected with the Platform, including (without limitation) altering or modifying any of Our Intellectual Property; causing any of Our Intellectual Property to be framed or embedded in another website; or creating derivative works from any of Our Intellectual Property.
  • 8.4

    Nothing in the above clause restricts your ability to publish, post or repost Our Intellectual Property on your social media page or blog, provided that:

    • you do not assert that you are the owner of Our Intellectual Property;
    • unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us;
    • you do not damage or take advantage of our reputation, including in a manner that is illegal, unfair, misleading or deceptive; and
    • you comply with all other terms of these Terms
  • 8.5

    This clause will survive the termination or expiry of these Terms.

9. Warranties

  • 9.1

    You represent, warrant and agree that:

    • you will not use our Platform, including Our Intellectual Property, in any way that competes with our business;
    • there are no legal restrictions preventing you from entering into these Terms;
    • all information and documentation that you provide to us in connection with these Terms is true, correct and complete; and
    • you will immediately inform us of any changes to any information provided in a Membership Form.
  • 9.2

    We represent, warrant and agree that:

    • we will maintain records in accordance with all applicable laws (including adhering to any mandated data retention periods).

10. Australian Consumer Law

  • 10.1

    Certain legislation, including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010(Cth), and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the provision of the Platform by us to you which cannot be excluded, restricted or modified (Consumer Law Rights).

  • 10.2

    If the ACL applies to you as a consumer, nothing in these Terms excludes your Consumer Law Rights as a consumer under the ACL. You agree that our Liability for the Platform provided to an entity defined as a consumer under the ACL is governed solely by the ACL and these Terms.

  • 10.3

    Subject to your Consumer Law Rights, we exclude all express and implied warranties, and all material, work and services (including the Platform) are provided to you without warranties of any kind, either express or implied, whether in statute, at law or on any other basis.

  • 10.4

    As a Patients, the services provided by an us may also confer on you certain rights under the ACL.

  • 10.5

    This clause will survive the termination or expiry of these Terms.

11. Exclusions and Limitations on liability

  • 11.1

    You must reDespite anything to the contrary, to the maximum extent permitted by law:gister on the Platform to access the Platform’s features. You will be invited to access the Platform via an email and link provided by us.

    • neither Party will be liable for Consequential Loss;
    • each Party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party or any of that Party’s personnel, including any failure by that party to mitigate its losses; and
    • our aggregate liability for any Liability arising from or in connection with these Terms will be limited to the Membership Fee paid by you in the 12 months immediately preceding the act, event or omission giving rise to the Liability (and where there has been less than 12 months of Membership Fee paid, an amount equal to 12 months of Membership Fee calculated on a pro rata basis having regard to the amount of Fees paid and the period of time).
  • 11.2

    This clause will survive the termination or expiry of these Terms.

12. Access

  • 12.1

    We may revoke your access to the Platform at any time by giving 30 days’ written notice to you.

  • 12.2

    Should we suspect that you are in breach of these Terms, we may suspend your access to the Platform while we investigate the suspected breach. Should we determine that you are in breach of these Terms, your access to the Platform will be terminated immediately.

  • 12.3

    Where your access to the Platform has been revoked, you may request for any of your records by sending an email to [email protected]

13. General

  • 13.1

    Assignment: Subject to the below clause, a Party must not assign or deal with the whole or any part of its rights or obligations under these Terms without the prior written consent of the other Party (such consent is not to be unreasonably withheld).

  • 13.2

    Assignment of Debt: You agree that we may assign or transfer any debt owed by you to us, arising under or in connection with these Terms, to a debt collector, debt collection agency, or other third party.

  • 13.3

    Confidentiality: Other than where the disclosure is permitted by law, each Party agrees not to disclose any confidential information it may access on or through the Platform to a third party, or otherwise misuse such confidential information. Confidential information may include confidential information supplied to you by us, by a Patients, or by an us.

  • 13.4

    Disputes: In relation to a dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) between a Patients and us, or an us and us, a Party may not commence court proceedings relating to a Dispute without first meeting with a senior representative of the other Party to seek (in good faith) to resolve the Dispute. If the Parties cannot agree how to resolve the Dispute at that initial meeting, either Party may refer the matter to a mediator. If the Parties cannot agree on who the mediator should be, either Party may ask the Law Society of New South Wales to appoint a mediator. The mediator will decide the time, place and rules for mediation. The Parties agree to attend the mediation in good faith, to seek to resolve the Dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.

  • 13.5

    Entire Terms: Subject to your Consumer Law Rights, these Terms contains the entire understanding between the Parties and the Parties agree that no representation or statement has been made to, or relied upon by, either of the Parties, except as expressly stipulated in these Terms, and these Terms supersedes all previous discussions, communications, negotiations, understandings, representations, warranties, commitments and agreements, in respect of its subject matter.

  • 13.6

    Force Majeure: Neither Party will be liable for any delay or failure to perform their respective obligations under these Terms if such delay or failure is caused or contributed to by a Force Majeure Event, provided the Party seeking to rely on the benefit of this clause, as soon as reasonably practical, notifies the other party in writing about the Force Majeure Event and the extent to which it is unable to perform its obligations, and uses reasonable endeavours to minimise the duration and adverse consequences of the Force Majeure Event.

  • 13.7

    Further assurance: Each Party must promptly do all things and execute all further instruments necessary to give full force and effect to these Terms and their obligations under it.

  • 13.8

    Governing law: These Terms are governed by the laws of New South Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.

  • 13.9

    Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided in your Account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.

  • 13.10

    Privacy: We agree to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines.

  • 13.11

    Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

  • 13.12

    Third party sites: The Platform may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a third party website linked from the Platform, such third party provides the goods and services to you, not us. We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the Platform (Affiliate Link) or for featuring certain products or services on the Platform. We will make it clear by notice to you which (if any) products or services we receive a benefit to feature on the Platform, or which (if any) third party links are Affiliate Links.

14. Definitions

  • 14.1

    Consequential Loss means , whether under statute, contract, equity, tort (including negligence), indemnity or otherwise; any loss or damage that cannot be considered to arise according to the usual course of things from the relevant breach, act or omission, whether or not such loss or damage may reasonably be supposed to have been in the contemplation of the Parties at the time they entered into these Terms as the probable results of the relevant breach, act or omission, and/or, any real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data. The Parties agree that your obligation to pay us the Fee under these Terms will not constitute “Consequential Loss”.

  • 14.2

    Force Majeure Event means any event or circumstance which is beyond a Party’s reasonable control.

  • 14.3

    Intellectual Property means any and all existing and future rights throughout the world conferred by statute, common law, equity or any corresponding law in relation to any copyright, designs, patents or trade marks, domain names, know-how, inventions, processes, trade secrets or confidential information, circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing, whether or not registered or registrable.

  • 14.4

    Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.

For any questions or notices, please contact us at:
HC Operating Pty Ltd T/A everlab (ACN 664 282 553)

Email: [email protected]

Last update: 28 July 2023

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