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Terms & conditions

Last updated on 13 August 2024

Instapath

ABN 74 633 743 542

TERMS AND CONDITIONS FOR BUYING PRODUCTS AND JUST BROWSING

Welcome to Instapath.

In these terms, we also refer to Instapath as “our”, “we”, or “us”.

And you are you!

What are these terms about?

These terms apply when you use this website, being [Insert Website] and any other websites we operate with the same domain name and a different extension (“Website”).

These terms also apply when you purchase self-request pathology services through this Website (“Pathology Services”).

If you’re looking for our Privacy Policy, which we will comply with and you also agree to be bound by, you can find it here [Insert Link].

How do I read these terms?

We separated these terms into three parts, so they are easy to read and understand.

Those parts are:

  • Part A: Terms for when you buy Pathology Services (applies when you buy)
  • Part B: Terms for when you browse and interact with this Website (applies when you browse)
  • Part C: Liability and warranties, and interpretation provisions (applies to both buying and browsing)

Please let us know if you have any questions about these terms, and don’t continue using this Website or purchase any Pathology Services unless you have read and agree to these terms.

I’ve returned to your Website, do I need to read these terms again?

Once you place an Order, the terms accepted at the point of sale will apply to your purchase of those Pathology Services. However, please note that we may change any part of these terms at any time by updating this page of the Website, so you may find that different terms apply next time you use this Website or purchase Pathology Services. You can check the date at the top of this page to see when we last updated these terms.

  1. For When You Buy Pathology Services…
  1. SUBMITTING AN ORDER
    1. By submitting an order for purchase of Pathology Services using the Website’s functionality (Order) you represent and warrant that:
      1. you have the legal capacity to enter into a binding contract with us and are at least 18 years of age; and
      2. you are authorised to use the debit or credit card you provide with your Order.
    2. Submitting an Order constitutes your intention and offer to enter into Part A of these terms (including Part C which you agreed to by using this Website) where we will provide you with the Pathology Services you have ordered in exchange for your payment of the total amount listed upon checkout.
    3. Part A of these terms is not agreed between you and us until we have approved your payment and you receive an email from us confirming that your order is being processed.
  2. ACCOUNTS
    1. To submit an Order and/or to purchase Pathology Services, you may be required to sign-up, register and receive an account through the Website (an Account).
    2. As part of the Account registration process and as part of your continued use of the Website, you may be required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, bank account information, and other information as determined by us from time to time.
    3. You warrant that any information you give to us in the course of completing the Account registration process will always be accurate, honest, correct and up-to-date.
    4. Once you complete the Account registration process, we may, in our absolute discretion, choose to accept you as a registered user within the Website and provide you with an Account.
    5. We may suspend or cancel your Account if you do not comply with these terms or any other reason on notice to you. 
  3. PATHOLOGY SERVICES AND HEALTH QUESTIONNAIRE
    1. As part of the service, you will be required to complete a health questionnaire. A licensed doctor will review your responses to identify any potential issues that may render you unsuitable for the Pathology Services offered by Instapath. 
    2. We reserve the right to reject your request if it is deemed medically inappropriate. You will be notified if your request has been rejected, and no further action will be taken.
    3. We will endeavour to ensure that the Pathology Services provided will be substantially the same as the Pathology Services displayed on our Website, or as otherwise agreed with you in writing prior to you placing your Order. 
  4. DISCLAIMERS

By agreeing to these terms and conditions, you agree:

  1. Instapath’s services are not intended for the self-monitoring of chronic or serious health conditions. All test results should be reviewed and discussed with a qualified medical professional to ensure appropriate medical care is administered.
  2. Not all pathology tests ordered through Instapath may be covered by Medicare. It is your responsibility to verify Medicare coverage with the pathology centre you attend before proceeding with the test.
  3. Instapath will only provide you with your test results. We do not provide any medical analysis or advice based on these results. It is strongly recommended that you consult with your healthcare provider to discuss the implications of your results and any necessary follow-up care.
  4. In the event that our reviewing doctor identifies any urgent or abnormal results, Instapath will notify you promptly. However, it remains your responsibility to seek medical attention and follow up with your healthcare provider.
  5. CONFIDENTIALITY AND DATA RETENTION

Instapath is committed to maintaining the confidentiality of your personal health information as set out in our Privacy Policy. All test results will be securely stored on our Cliniko system for a period of ten (10) years, in accordance with applicable privacy laws and regulations. Cliniko’s privacy policy can be found here: https://www.cliniko.com/policies/privacy/ 

  1. PAYMENT
    1. All prices are:
      1. per unit (except where indicated);
      2. in Australian Dollars; and
      3. subject to change prior to you completing an Order without notice.
    2. (Payment obligations) Unless otherwise agreed in writing, you must pay for all Pathology Services at the time of placing an Order.
    3. (GST) Unless otherwise indicated, amounts stated on the Website do not include GST. In relation to any GST payable for a taxable supply by Instapath, you must pay the GST subject to Instapath providing a tax invoice.
    4. (Card surcharges) The Company reserves the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
    5. (Online payment partner) We may use third-party payment providers such as [insert e.g., Stripe] (Payment Providers) to collect payments for Pathology Services. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider accessible [here] and, to the maximum extent permitted by law, we will not be liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.
    6. (Pricing errors) In the event that we discover an error or inaccuracy in the price at which your order was purchased (including shipping prices), we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your order at the correct price or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.
  2. CHANGES TO YOUR ORDER
    1. CANCELLATION BY US

We reserve the right to cancel your order for any reason and we will notify you of this as soon as possible. Where payment has already been debited, the full amount will be credited back to your original method of payment.

  1. CANCELLATION BY YOU

You may cancel your Order up to the time that we confirm your Order in writing to you. Once we confirm your Order, your Order is binding and cannot be changed by you. However, our refunds and exchanges process in clause 5.3 may apply.

  1. RETURNS AND EXCHANGES
    1. We do not offer change of mind returns.
    2. We will provide a full refund of the price paid for Pathology Services if we determine that:
      1. Pathology Services you have ordered were not received by you solely due to failure by us; or
      2. Pathology Services provided to you were not substantially the same as the Pathology Services you ordered as displayed on our Website.
  2. INTELLECTUAL PROPERTY
    1. The Company retains all intellectual property rights in the design of the Pathology Services, including the labelling and packaging, or those rights are owned by a third party. You must not attempt to copy, reproduce, manufacture or otherwise commercialise the Pathology Services.
    2. In this clause 6, “intellectual property rights” means all copyright, trade mark, design, patent, 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 these terms both in Australia and throughout the world.
  1. For When You Browse This Website…
  2. ACCESS AND USE OF THE WEBSITE

You must only use the Website in accordance with these terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with these terms and any applicable laws.

  1. YOUR OBLIGATIONS

You must not:

  1. copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of Instapath;
  2. use the Website for any purpose other than the purposes of browsing, selecting or purchasing Pathology Services;
  3. use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
  4. use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;
  5. use the Website with the assistance of any automated scripting tool or software;
  6. act in a way that may diminish or adversely impact the reputation of Instapath, including by linking to the Website on any other website; and
  7. attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:
    1. gaining unauthorised access to Website accounts or data;
    2. scanning, probing or testing the Website for security vulnerabilities;
    3. overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or
    4. instigate or participate in a denial-of-service attack against the Website.
  1. INFORMATION ON THE WEBSITE
    1. While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that from time to time, you may encounter the following issues:
      1. the Website may have errors or defects (or both, as the case may be);
      2. the Website may not be accessible at times;
      3. messages sent through the Website may not be delivered promptly, or delivered at all;
      4. information you receive or supply through the Website may not be secure or confidential; and
      5. any information provided through the Website may not be accurate or true.
    2. We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content (as defined below).
  2. INTELLECTUAL PROPERTY
    1. The Company retains ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.
    2. You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from Instapath or as permitted by law.
    3. In this clause 11, “intellectual property rights” means all copyright, trade mark, design, patent, 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 these terms both in Australia and throughout the world.
  3. LINKS TO OTHER WEBSITES
    1. The Website may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content.
    2. Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.
  4. SECURITY

To the maximum extent permitted by law, Instapath does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.

  1. REPORTING MISUSE

If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.

  1. Liability And Other Legal Terms
  2. LIABILITY
    1. WARRANTIES

Under the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL), you may be entitled to certain remedies (like a refund, replacement or repair) if there is failure with the goods or services provided. Nothing in these terms is intended to limit the operation of the ACL. Please note that:

  1. Pathology Services sold by Instapath, will have only the benefit of any warranty given, and insurance held, by the manufacturer.
  2. To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in this agreement are excluded.
  3. LIABILITY

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 these terms is limited to the total Fees paid by you to Instapath under the most recent Order.

  1. Consequential loss

To the maximum extent permitted by law, neither party will be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue in connection with this agreement or any Pathology Services or services provided by us, except:

  1. in relation to a party’s liability for fraud, personal injury, death or loss or damage to tangible property; or
  2. to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth).
  3. GENERAL
    1. GOVERNING LAW AND JURISDICTION

This agreement is governed by the law applying in New South Wales, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

  1. WAIVER

No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

  1. SEVERANCE

Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.

  1. JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

  1. ASSIGNMENT

A party cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party.

  1. COSTS

Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.

  1. ENTIRE AGREEMENT

This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.

  1. INTERPRETATION
    1. (singular and plural) words in the singular includes the plural (and vice versa);
    2. (currency) a reference to $, or “dollar”, is to Australian currency;
    3. (gender) words indicating a gender includes the corresponding words of any other gender;
    4. (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
    5. (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
    6. (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
    7. (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;
    8. (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;
    9. (headings) headings and words in bold type are for convenience only and do not affect interpretation;
    10. (includes) the word “includes” and similar words in any form is not a word of limitation; and
    11. (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.
  2. NOTICES 
    1. Any notices required to be sent under this agreement must be sent via email using the party’s email addresses set out in this agreement, and the email’s subject heading must refer to the name and date of this agreement. 
    2. If no email address is stated in this agreement, the notice may be sent to the email address most commonly used by the parties to correspond in relation to this agreement at the time the notice is sent. 
    3. The notice will be considered to be delivered 24 hours after it was sent, unless the sender has reason to believe the email failed to send or was otherwise not delivered or received.