Terms and conditions
The SmartHealth Website (‘Site’) is an online information source and retail portal owned and operated by Beachhead Holdings Pty Ltd ('We', 'Us' and 'Our'), for purchasing pathology requests (‘Products’) online. Beachhead Holdings Pty Ltd is, from time to time, supported by its related bodies corporate (as that term is defined in the Corporations Act 2001 (Cth)), therefore for the purposes of these Terms and Conditions, 'We', 'Us' and 'Our' will include Beachhead Holdings Pty Ltd's related bodies corporate, as and where applicable.
These Terms and Conditions outline Our rights and responsibilities, and those of the people who use the Site ('User', 'You' or 'Your').
By using, browsing or accessing the Site, or using or receiving the Products from the Site, You agree to be bound by the Terms and Conditions below. We encourage you to read them carefully.
1. Changes to Terms and Conditions
We may revise these Terms and Conditions from time to time by posting an updated version of them on the Site. Your use of the Site and/or acceptance of the Products (by virtue of clause 17 or otherwise) constitutes acceptance of the most recent Terms and Conditions. By continuing to use the Site, You agree to be bound by the most recent Terms and Conditions. It is Your responsibility to check the Site regularly for updated versions of the Terms and Conditions. If You do not accept the Terms and Conditions, please do not use the Site.
2. Copyright and Trademark Notice
We own and operate the Site, and unless otherwise specified, all intellectual property rights in the content of the Site (including, but not limited to, logos, Site design, text, graphics, icons and images, photographs, graphics, typefaces, audio and video clips, software, code and other material) (collectively 'Content'), are owned or licensed by Us. Content is protected by copyright, trademark or other intellectual property rights, and also may have security components that protect digital information.
We give You permission to use the Content for personal, non-commercial purposes only. Any unauthorised use of the Content may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
3. Information Disclaimer
The Site is an information resource and portal. The Site may include content that We have written, as well as content that You or third parties have written (User-Generated Content). We review all health-related content We write before it is published; however We do not review and are not responsible for User-Generated Content.
Information contained on the Site may not include the most recent medical findings or developments. Site Content should not be taken as medical advice, diagnosis, counselling care or treatment. The purchase of a Product does not involve any consultation with a health care professional and You should not disregard, avoid or delay obtaining medical or health related advice from Your health care professional because of something You may have read on this Site.
The use of and reliance on any information provided on this Site is solely at Your own risk.
4. Nominated Health Care Provider
We may provide You with a list health care providers or clinics. You can choose as Your nominated health care provider or clinic ('Nominated Health Care Provider or Clinic'), but We do not recommend or endorse any health care professionals, procedures, information or opinions in any way related to, or accessible from, the Site.
5. Access and Use of Site
You must be over 18 years old to use this Site and order and/or receive Products.
Subject to the consumer guarantees in the Australian Consumer Law, We do not warrant:
- that You will have continuous access to the Site;
- that the Site will be uninterrupted or error-free;
- any results that may be obtained from using the Site, including but not limited to its information, content, or available products;
- the accuracy, content and availability of information found on the Site, or that found via any link to or from the Site, including external sites; or
- the delivery or security of communications over the internet that rely on or involve third party service providers.
Unless otherwise required by law, and subject to the remainder of these Terms and Conditions, Your use of this Site does not create any practitioner/patient, confidential, or privileged relationship with Us, or any other relationship that would give rise to any duties on Our part.
8. Product Disclaimer
Any representation, warranty, condition, guarantee or undertaking that would be implied in these Terms and Conditions by legislation, common law, equity, trade, custom or usage is excluded to the maximum extent permitted by law, including any implied warranties of acceptable quality or fitness for a disclosed purpose.
To the fullest extent permitted by law, Our liability for a breach of a non-excludable guarantee is limited, at Our option, to:
- in the case of goods supplied or offered by Us, any one or more of the following:
- the replacement of the goods or the supply of equivalent goods; or
- the payment of the cost of replacing the goods or of acquiring equivalent goods; or
- in the case of services supplied or offered by Us;
- the supplying of the services again; or
- the payment of the cost of having the services supplied again.
Nothing in these Terms and Conditions excludes, restricts or modifies any consumer guarantee, right or remedy conferred on You by the Australian Consumer Law, or any other applicable law that cannot be excluded, restricted or modified by agreement.
Subject to this clause, Our sole and maximum aggregate liability (in respect of all claimants) arising from any Product sold on the Site will be the price of the Product ordered. We will not be liable for special, indirect, consequential or punitive loss or damage, loss of profits or anticipated profits, economic loss, loss of business opportunity, loss of data, loss of reputation or loss of revenue in any way related to the use of the Site or the Products.
You agree to indemnify Us, Our employees, contractors, officers, agents, related bodies corporate (as that term is defined in the Corporations Act 2001 (Cth)) and suppliers, from all liabilities, claims, fines, penalties, demands, proceedings and expenses (including legal fees on a full indemnity basis) that arise from Your use or misuse of the Site and Products. We may assume control of the defence of any third party claim that is subject to indemnification by You, and You will cooperate with Us in defending that claim.
10. International Use
The Site (including the Content) is designed and intended for Users in Australia. We make no representation that the Site is applicable to, appropriate for, or available to Users in locations outside Australia. If You choose to access the Site from a location outside Australia, You do so at Your own risk and You are responsible for compliance with local laws.
Overseas customers may purchase Products, provided they have a valid Australian mobile number and are able to attend a participating pathology collection centre in Australia.
11. User Obligations
When You purchase a Product, You must provide Us with all information requested in the mandatory fields on the Site to complete the transaction. You must provide true, complete and accurate information. If the information You provide is incomplete or inaccurate, or if We believe it to be incomplete or inaccurate, We may suspend or terminate Your current or future use of the Site.
You are responsible for any use of the Site that takes place through Your access. You must take all necessary steps to maintain the confidentiality of Your account or Use, and You must notify Us immediately of any unauthorised use or other security breach.
12. Prohibited Uses
When accessing and using the Site, You will not engage or attempt to engage in any activities that:
- download (other than page caching) or modify the Site or any portion of the Site;
- impersonate or falsely claim to represent a person or organisation;
- are commercial, including selling, marketing, advertising or promoting goods or services; or
- frame the Site
When accessing and using the Site, You must also not:
- post, link to, or otherwise communicate or distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information;
- use the Site in a manner which is unlawful or would infringe the rights of another person including any intellectual property rights; or
- post, link to, or otherwise communicate or distribute any material or information that We deem inappropriate.
13. Pathology Results
Beachhead Holdings Pty Ltd acts as agent for the pathology collection centre and Laboratory (‘Provider’) that accepts the pathology request We provide to You, collects Your pathology sample and undertakes Your pathology testing.
By using the Site, You consent to Us and/or the Provider:
- using the information You/We provide to authenticate Your identity;
- collecting and testing Your pathology sample(s);
- retaining Your information and results as policies and law require;
- contacting You, including leaving a message on the mobile number You have provided to Us, if there is a collection or testing issue;
- reviewing Your pathology results;
- contacting You if Your pathology results are abnormal or are deemed notifiable by Us or by law;
- sending notice of normal pathology results (non-infectious) to You via SMS message to Your nominated mobile number;
- sending notice of abnormal pathology results (infectious) to You with follow up instructions via SMS message to Your nominated mobile number;
- sending Your pathology results to Your Nominated Health Care Provider or Clinic so that You can be contacted by any means necessary;
- reporting all carriers of notifiable diseases (as identified by the Australian Department of Health and set out in the National Notifiable Diseases Surveillance System from time to time) to relevant government health departments for follow-up and for the purpose of keeping statistical records; and
- undertaking all other actions or providing all other notifications required to be performed or given by Us or the Provider, as required by law.
By using the Site, You acknowledge and agree that:
- it is Your responsibility to follow up with Your Nominated Health Care Provider or Clinic;
- We are not responsible for the accuracy of the test results as delivered by the Provider nor any delay or failure of the Provider;
- test results are usually available within two business days of visiting a collection centre, although some test results may take longer depending on the complexity of the test and the geographical location of the collection centre. Also, in circumstances where abnormal results require confirmation testing or inconclusive results require recollection and testing, the test results can be further delayed; and
- We have no obligation to contact You personally about Your test results, and that You cannot claim against Us if the Provider is unable to reach You after making reasonable attempts to do so.
14. Purchase Quantities
We reserve the right to monitor and limit the purchase amounts of Products at Our sole discretion.
15. Termination of your access to this website
We may at any time immediately terminate Your access (including restricting access) to the Site or any features of the Site for any reason (including due to Your breach or alleged breach of these Terms and Conditions) in Our sole discretion and without prior notice. Any indemnities given by You and any limitations of Our liability survive such termination.
16. Applicable law
The law of the State of New South Wales, Australia governs these Terms and Conditions. Any disputes or claims will be resolved by a court located in the State of New South Wales.
17. Ordering & Payment
Our processes and obligations are explained in the Ordering and Payment Policies.
18. Delivery, Refund & Returns
Our processes and obligations are explained in the Delivery, Refund and Returns Policies.
20. Our Policies
You agree that, by using the Site, You have read and understood Our Policies, understood their content and consented to their requirements.
You must not upload any personal information of another individual to the Site unless You first make them aware of Our Policies and have their consent to upload such personal information.
21. Contacting Us
If You have any questions regarding Our Policies, Please contact Our Head Office Monday - Friday, 9:00am - 5:00pm AEDT (excluding public holidays).
Ordering and Payment Policy
For the purposes of this Ordering and Payment Policy, the defined terms 'You' and 'Your' have the meaning given to those terms in Our Terms and Conditions.
All amounts on the Site are shown in Australian dollars, and include Goods and Services Tax (GST). We reserve the right to update and change prices at Our discretion and to cancel or amend orders if Products have inadvertently been listed at an incorrect price.
To place an order, You will need to:
Orders can only be made online through www.smarthealth.me.
- Select a product
- Fill out all mandatory fields
- Nominate a Nominated Health Care Provider or Clinic to receive results
- Enter Your credit card details and Your order will be completed.
If for any reason You wish to amend Your order, please contact Our Head Office Monday - Friday, 9:00am - 5:00pm AEDT (excluding public holidays).
Your Visa, Master Card or American Express account will be debited at the time Your order is placed.
For privacy reasons, Your Visa, MasterCard and American Express statement narratives will read as an ASIC registered trading name of Beachhead Holdings Pty Ltd.
We take Your privacy and security seriously, therefore, We do not store credit card information. This means that each time You order, You will need to enter Your payment details.
We use the registered trading name SmartHealth, along with other ASIC registered trading names.
Pathology Requests and Invoices are issued under the name SmartHealth.
Delivery, Refund and Return Policy
For the purposes of this Delivery, Refund and Return Policy, the defined terms 'You' and 'Your' have the meaning given to those terms in Our Terms and Conditions.
1. Delivery Policy
Immediately upon completion of the checkout process You will be asked to download Your Pathology Request and Invoice to save, print or send.
If Your Pathology Request and Invoice are not delivered or are lost, You can call or email Our Head Office Monday - Friday, 9:00am - 5:00pm AEDT (excluding public holidays) to request that a replacement Pathology Request and Invoice be issued.
Once Pathology Samples are provided to Us or the Provider (as defined in Our Terms and Conditions), Pathology Results are typically available within two business days, although some test results may take longer depending on the complexity of the test and the geographical location of the collection centre. Also, in circumstances where abnormal results require confirmation testing or inconclusive results require recollection and testing, the test results can be further delayed.
SMS is utilised to notify You that Your Pathology Test Results are available. You should ensure that Your mobile phone details are correct at the time of ordering and that Your mobile phone privacy settings reflect Your privacy requirements.
2. Refund Policy
Unused or expired Pathology Requests are non-refundable and expire after 90 days. However, based on merit or extenuating circumstances, We may reissue lost or expired Pathology Requests. Please contact Our Head Office Monday - Friday, 9:00am - 5:00pm AEDT (excluding public holidays).