// TERMS & CONDITIONS

Optimum Testing Pty Ltd Terms and Conditions

These Terms and Conditions outline the rules and regulations for the use of services provided by Optimum Testing Pty Ltd (ACN 675 799 498) (‘Optimum Testing’, ‘we’, ‘us’, or ‘our’). By using our website (www.optimumtesting.com.au), purchasing or engaging our Services, you agree to comply with and be bound by these Terms and Conditions and our Privacy Policy.

1.0 Eligibility and Territory

1.1 Our Services are offered to clients located in Australia. You warrant that you are able to form a binding contract and if under 18 you have provided written consent from a parent or legal guardian prior to receiving any Service.

2.0 Our Services

2.1 Optimum Testing provides health testing and nutritional consultancy services as described on our Website.
2.2 Our Services are not suitable for individuals with complex or unmanaged illnesses.
2.3 You must continue regular visits to your doctor and not rely solely on our Services.
2.4 Participation in any Service is voluntary and at your own risk.
2.5 If any unusual symptoms occur, you must cease participation immediately and seek medical assistance.
2.6 Follow-Up Consultations should occur between 6 and 12 weeks after your initial report to ensure safety and continued relevance of your protocol. Where a follow-up is not completed within this window, Optimum Testing may limit ongoing support until a follow-up is scheduled.
2.7 Active clients are deemed to have been consulting with Optimum Testing within a 6-month period from their last consultation. Thereafter, the individual may be deemed under ‘new client’. This will be assessed by the Practitioner assigned, and Optimum Testing at the time, and pricing will be the sole and final decision of Optimum Testing.

3.0 Telehealth and Informed Consent

3.1 You acknowledge that consultations may be conducted by telephone or video (“Telehealth”). Telehealth has benefits and limitations, including the absence of physical examination. By proceeding, you consent to Telehealth and accept that any urgent or emergency concerns must be directed to your GP, specialist, or 000 in Australia.

4.0 Service Packages and Inclusions

4.1 Optimum Testing offers a range of health testing and consultation packages which may vary from time to time.
4.2 The inclusions, structure, and pricing of each package are set out on our Website at the time of purchase.
4.3 New packages may be introduced, and existing packages may be amended or discontinued without prior notice.
4.4 By placing an order, you acknowledge and agree to the inclusions, exclusions, and pricing published on our Website for the package selected.
4.5 Package inclusions are subject to clinical and operational updates.
4.6 We may decline to perform the Services to you without giving any reason
4.7 Once you place an order you will either be sent a test kit in the mail, or be given access to, a pathology request form for the tests you have ordered. Each test kit or pathology request form is only valid for 6 months from the date an order is made. We reserve the right to charge you additional fees if you use a test kit or pathology request form outside the 6 month validity period.
4.8 Pathology request forms must only be used at collection centres specified in your test collection kit.
4.9We do not take responsibility for you not following test instructions leading to the failure of collection or contamination of specimen or any other reason for failed test collection. If this does occur We may charge additional costs for a new test kit.

5.0 Registered User or Members

5.1 In order to access the Services, you must agree to be contacted by one of our healthcare professionals whereby a profile is made on your behalf by us. You must complete registration by providing certain information as set out in our discovery call, consultation, or reasonable communication by an employee or contractor of Optimum Testing Pty Ltd. Please refer to our Privacy Policy linked on our home page for information relating to our collection, storage and use of the details you provide on registration.

5.2 You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration/membership details from time to time when they change.

6.0 Your Account with Us

6.1 We reserve the right to cancel, or terminate your registration, profile, account, or anything pertaining to the like if you breech these terms and conditions.

7.0 Testing Service Policy

7.1 Specimens, Re-Collections & Turnaround

(i) Laboratory turnaround times are estimates only and may vary. If a specimen is rejected (e.g., labelling error, contamination, insufficient volume, out-of-window), re-collection fees and courier/postage may apply.

(ii) We are not liable for delays or re-testing caused by events outside our reasonable control.

8.0 In Home Nurse Collection

8.1 Where requested, Optimum Testing may facilitate an in-home specimen collection by arranging a third-party registered nurse. This service is additional and optional and is delivered by an independent provider not employed by Optimum Testing Pty Ltd. Therefore call out fees will vary. The price will be disclosed prior to confirmation of Nurse to secure booking.
8.2 The in-home nurse service is pre-paid at booking. The standard fee covers the Sydney Metropolitan Area within a 30 km radius.

8.3 Service Radius Definition“30 km radius” is measured from Sydney GPO (No. 1 Martin Place, Sydney NSW 2000). Travel surcharges and wait-time policies are advised prior to confirmation.

8.4 CBD. Additional travel fees may apply outside this area and will be disclosed before confirmation.

8.5 To the maximum extent permitted by law, Optimum Testing is not responsible or liable for any act or omission of the independent provider, including timing, collection technique, handling or lodgement of specimens.

8.6 If the appointment cannot proceed due to access issues, lateness, or unavailability, an additional call-out fee may apply.

9.0 Pricing Additional Fees and Payment

9.1 In consideration for us providing you with the Services and for our time in determining your tests and booking your consultations, you irrevocably agree to pay us our Service prices upon request. Services must be paid for upfront, unless otherwise specified.

9.2 Our fees are not, under any circumstances, refundable.

9.3 The prices for all Services you order are clearly delineated on our Website and will otherwise be disclosed by us through other various methods as necessary. Upon furnishing your consent, you commit to remit payment for our Services in accordance with the prevailing pricing listed on our Website at the time of acquisition and commensurate with the Services you elect.

9.4 We retain the prerogative to revise our Service prices at any juncture preceding the placement of an order. Following the confirmation of an order, the prices shall remain unchanged.

9.5 Any associated bank charges, PayPal fees, or third-party credit card processing fees (e.g., those assessed by 'Stripe') arising from transactions shall be borne by you. Such fees shall be invoiced to you at the point of checkout.

10. Payment Defaults and Recovery

10.1 If any amount remains unpaid after the due date, we may:
(i) suspend Services;
(ii) charge a reasonable admin fee and interest at the lower of 10% p.a. or the maximum rate permitted by law; and
(iii) recover our reasonable costs of collection (including third-party recovery agents and legal fees).

10.2 Additional charges may be levied under the ensuing circumstances:

(i) Unauthorised utilisation of one or multiple pathology request forms.
(ii) Deployment of expired pathology request forms or for tests not procured on our Website.
(iii) Repetitive utilisation of a single pathology request form at a collection centre (please note: each form is intended for singular use only).
(iv) Patronage of a collection centre not stipulated on our Website, where supplementary charges may be imposed by the operational laboratory.
(v) You book in a consultation for the incorrect time. For example but not limited to booking and paying for a Follow Up consultation, however, it is a new health concern, you have not been an active client for 6 months or more, you have not instructed Us of a new test result analysis or interpretation.

12. Rescheduling, Cancelations and Refunds

12.1 Rescheduling & No-Shows
You may reschedule a consultation once with at least 24 hours’ notice at no charge. Reschedules with less than 24 hours’ notice, or no-shows, may incur a fee equal to 50% of the consultation fee or 100% of the consultation, and testing analysis appointment packages.

12.2 Order Cancellations
All order cancellations will incur a $50 pathology referral fee if the test kit has not been dispatched.
Where the order includes a test kit and it has been dispatched by the laboratory, the kit itself cannot be refunded.

12.3 Late Cancellations
All cancellations made by you with less than 24 hours’ written notice to info@optimumtesting.com.au will incur a full Service Fee charge.

12.4 You are not entitled to a refund under this clause if:
(i) the 24-hour period has expired;
(ii) you have already attended a collection or testing centre;
(iii) you have failed to attend a confirmed appointment;
(iv) your test kit has already been dispatched;
(v) your sample has already been sent off for testing; or
(vi) your purchase includes consultations, report reviews, or test-analysis packages as these services involve professional time, interpretation, and intellectual work that commences once your booking is confirmed.

12.5 How to cancel

To cancel your order, please email info@optimumtesting.com.au stating that you wish to cancel your order and the reason for the cancellation. To cancel your appointment, please log into your customer account and cancel, or send an email to info@optimumtesting.com.au and your reason for cancellation. Your reason for cancellation will not affect your eligibility for a refund

12.6 Refund timing
If you are entitled to a refund under this clause, we will process it within 14 business days of receiving your cancellation request.

13.0 Security of your credit card

13.1 We prioritise the safety and security of our Website for your use.

13.2 Payment transactions via cards are conducted outside of pages under our direct control. We engage one or more online payment service providers, who employ encryption protocols to safeguard your card or bank account information within a secure environment.

14.0 Intellectual Property

14.1 We grant you a limited license to access and utilise our information in all our materials (such as our Content website, letterheads, emails etc.,) for personal purposes.

14.2 Unless expressly permitted under the Copyright Act 1968 (Cth), any reproduction, distribution, display, or other use of our information without our prior written consent is strictly prohibited.

14.3 This license for accessing and using our information does not extend to the use of data mining robots or other extraction tools. Additionally, it does not authorise the meta-tagging or mirroring of any of our information without our explicit written authorisation. We retain the right to issue a notice should we become aware of any such meta-tagging or mirroring activity.

14.4 You are prohibited from copying, modifying, publishing, transmitting, transferring, selling, reproducing, creating derivative works from, distributing, performing, displaying, or otherwise exploiting any Content from us, whether in whole or in part.

14.5 The use of our name, logos, trademarks, or those of any third party featured on our Website requires prior written consent from us or the relevant third party.

15.0 Reports & Intellectual Property

15.1 All reports, protocols, and materials we prepare remain our intellectual property. We grant you a non-exclusive, non-transferable licence to use them for your personal health purposes only. You must not publish, resell, or share them publicly without our written consent.

16. Service Warrantees

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

16.2 Our liability is governed solely by the ACL and these terms and conditions. We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights. Unless the Statutory Rights apply, the Services, and all other material and work is provided to you without warranties of any kind, either express or implied; and we expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose.

If your Statutory Rights apply because you are a consumer as defined in the ACL, then we guarantee that the Services:

(i) we supply to you are rendered with due care and skill as reasonably expected in the circumstances;

(ii) will be fit for the purpose that we advertise, or the Services will give the result that we have agreed to in writing with you prior to providing the Services; and

(iii) will be supplied within a reasonable time.

To the extent that any limitation on our liability (under this clause 16 or this agreement as a whole) is not permitted by law, then our total liability for loss or damage you suffer or incur from our Services is limited to either resupplying (or refunding to you the amount you have paid us for) the Services to which your claim relates at our absolute discretion.

17. Disclaimers

17.1 All the conditions, warranties or other terms implied by the law of any country other than the Commonwealth of Australia are excluded from this agreement to the extent permitted by law.

17.2 We make no warranties about the Services being able to prevent disease.

17.3 Our Services are not a substitute for medical advice and medical treatment.

17.4 We or our Content suppliers may make improvements or changes to our Website, the Content, or to any of the Services, at any time and without advance notice.

17.5 You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention any that you find.

17.6 Use of our Website is at your own risk. To the extent permissible by law, we do not make any, and exclude all express or implied warranties, representations, statements, terms and conditions relating to your use of the Services or Content available on or from our Website.

17.7 We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of our Website or the Services.

17.8 You release and forever discharge us from any and all claims which you have, could, would or might at any time have, or have had, including any claims or liabilities arising directly or indirectly out of or in connection with (without limitation):

(i) your injury or death resulting from or connected to engaging in any Services:

(ii) the Services;

(iii) the Website; and

(iv) the Content;

17.9 To the extent permitted by law, and for the avoidance of doubt, we will not be liable for any death, injury, loss, or liability that you may incur as a result of any of the services provided by us. You indemnify and hold us harmless from all liabilities and claims which we suffer, pay or incur directly or indirectly out of or in connection with this the Services we provide you.

18.0 Matters beyond our reasonable control

18.1 There may be instances where we may not be able to perform certain or all obligations that we have agreed to in this agreement because of something beyond our reasonable control, which may include but is not limited to, events that constitute a force majeure which may include: lightning, flood, severe weather, fire, explosion, terrorist activities, anything done by a government body or other competent authority, industrial disputes, technical difficulties, power outages, hardware difficulties, software difficulties or other acts, events or omissions that affect our capacity to perform certain or all obligations that we have agreed to in this agreement. There may be other reasons too, not expressly set out here. In these cases, you irrevocably and unconditionally agree that we do not accept responsibility or liability for not providing you with the Services or for breaching our obligations.

19.0 Hyperlinks

19.1 Our Website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of, or privacy compliance by any linked website.

19.2 Any hyperlink on our Website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information, services and/or products which they provide.

19.3 You may link our website only with our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our Website's contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials. This permission is conditional upon you not portraying us or any Service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.

20. Security of Our Website

20.1 If you violate our Website and/or any terms of this agreement, we may take legal action against you.

20.2 You agree that you will not, and will not allow any other person to:

(i) modify, copy, or cause damage or unintended effect to any portion of our Website, or any software used within it.

(ii) link to our Website in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;

(iii) download any part of our Website, without our express written consent;

(iv) collect or use any product listings, descriptions, or prices;

(v) collect or use any information obtained from or about our Website or the Content except as intended by this agreement;

(vi) aggregate, copy or duplicate in any manner any of the Content or information available from our Website, other than as permitted by this agreement or as is reasonably necessary for your use of our Website;

(vii) share with a third party any login credentials to our Website.

21.0 Indemnity

21.1 You agree to indemnify us against all costs, claims and expense we suffer, or could suffer, arising directly or indirectly from:

(i) a collection or testing centre being unable to undertake some or all of your tests;

(ii) any injury you suffer during, or as a result of, any test (including but not limited to bruising, infection or localised pain);

(iii) you attending an unauthorised collection or testing centre;

(iv) any delay in us providing you the results of your test;

(v) your failure to act on our advice or recommended course of actions;

(vi) your failure to disclose your test results (in whole or in part) to a GP or other medical professional;

(vii) a contractual or negligence claim arising from your use of the Services,

(viii) or arising from your use of our Website;

(ix) a breach of the intellectual property rights of any person;

(x) your breach of this agreement;

(xi) your unauthorised use of pathology request forms;

(xii) any loss you suffer due to your password being hacked, lost or stolen or used by a party who was not authorised to use your password;

(xiii) your disclosure of health information to us;

(xiv) any act, neglect or default by any agent, employee, licensee or customer of yours; and your failure to comply with the law of any country.

22.0 Miscellaneous matters

22.1 When we communicate with you we do so by email and/ or phone. You agree that email and/ or phone communications are contractually binding in the same way as properly signed and dated paper sent by post. Notes via phone consultations will be recorded on your consumer file and stored accordingly.

(i) Where we provide services or products without specific charge to you, then they are deemed to be provided free of charge, and not to be associated with any other services for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those products or that service.

(ii) If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

(iii) The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.

(iv) No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.

(v) Any communication to be served on either party by the other shall be delivered by e-mail. It shall be deemed to have been delivered, if sent to the address from which the receiving party has last sent e-mail: within 48 hours if no notice of non-receipt has been received by the sender.

(vi) In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.

(vii) This agreement does not give any right to any third party.

(viii) Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control, including any labour dispute between a party and its employees.

(ix) In the event of any conflict between any term of this agreement and the provisions of the constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.

(x) The jurisdiction, validity, construction and performance of this agreement shall be governed by the laws of the State of New South Wales, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of New South Wales.

23.0 Definitions

23.1 In this agreement:

(i) “Content” means any content in any form such as but not limited to text, photographic images, videos, icons, emoji, published on our Website by us, by you, or by any third party with our consent.

(ii) “Services” means the services provided and products sold by us to (and paid for by) you within the scope of our practice.

(iii) “Website” means the website where these terms and conditions are placed and includes all web pages controlled by us including any and all subdomains.

24.0Our contract with you

24.1 This agreement constitutes the entirety of the understanding between the involved parties and supersedes all prior agreements and arrangements.

(i) Each party acknowledges that, by entering into this agreement, they do not rely on any representation, warranty, information, document, or other term not explicitly outlined within this agreement.

(ii) Should you utilise our Website in any capacity and place an order on behalf of another individual, you affirm that you possess full authority to do so, assuming personal responsibility for every action or omission undertaken.

(iii) Changes to Terms. We may update these Terms periodically. The Effective Date appears at the bottom of the page. Continued use of the Services after changes take effect constitutes acceptance. If you do not agree, you must cease using the Services. The version published on our Website at the time of ordering governs your purchase.

24.2 We do not provide assurance regarding the availability of Services advertised on our Website. Furthermore, we reserve the right to amend these terms periodically. The terms applicable to you are those published on our Website at the time of Service ordering.

24.3 In the event that you acquire Services from us through an alternative arrangement not involving payment via our Website in the future, these terms shall remain applicable to the fullest extent feasible.

25.0 Interpretation

25.1 In these terms and conditions, unless the context requires otherwise:

(i) A reference to a "person" denotes one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation.

(ii) By accessing the Services through our Website or by any other means, you unconditionally and irrevocably agree to abide by these terms and conditions, all applicable laws and/or regulations, and accept full responsibility for compliance therewith.

(iii) These terms and conditions take precedence over any terms proposed by you.

(iv) Any agreement by a party not to undertake or omit an action includes an obligation not to permit another individual to undertake or omit the same action.

(v) Any obligation arising from this agreement may be fulfilled by any other party.

(vi) References to a party in this agreement encompass individuals to whom such rights and obligations are transferred or delegated as a consequence of a merger, division, restructuring, or other reorganisation involving said party.

(vii) The headings to the sections and schedules (if any) of this agreement do not affect its interpretation.

(viii) A reference to an "act" or "regulation" includes any subsequent legislation of substantially similar intent to that act or regulation.

(ix) In the event of a conflict between these terms and conditions and any other terms and conditions on our Website, these terms and conditions shall prevail.

(x) This agreement is executed solely in the English language. In the event of any inconsistency between the English language version of this agreement and any version or translation thereof in any other language, the English language version shall govern.

26.0 Products and Supplements

26.1 Any products recommended or supplied are provided on a no-returns basis once opened (or if temperature-sensitive). Suitability and tolerance vary by individual; you must read labels and follow professional/label directions, or explicity what is stated in your protocol. Contact your GP for interactions or adverse events.

27.0 Client Communications and Boundary Policy

(i) All official communication must occur via approved Optimum Testing channels — booked consultations, the Client Support Texting Service, or official email correspondence.

(ii) Messages sent via social media (e.g., Instagram, Facebook, LinkedIn, or personal accounts) are not considered valid or secure communication channels.

(iii) Practitioners may occasionally send brief check-in messages via SMS or email for continuity of care.

(iv) Ongoing discussions, protocol changes, or new clinical queries require a booked consultation or access to the Client Support Texting Service.

(v) Excessive, urgent, or off-topic communication outside these approved channels may result in service suspension.

(vi) Social Media Enforcement – We may decline to respond to clinical queries sent via social media and may block or restrict accounts that repeatedly attempt to obtain clinical advice outside approved channels, to protect your privacy and maintain professional boundaries.

(vii) Ongoing Support Boundaries – If a follow-up is not completed within a reasonable amount of time, usually between 6-12 weeks, unless specified by Us, we may limit adjustments to your protocol, decline to interpret new results, or require a consultation before providing further guidance. This policy ensures your safety and the continued relevance of your care plan.

28.0 Client Support Texting Service

28.1 Clients who subscribe to our Client Support Texting Service agree to the separate Texting Service Terms, which form part of this Agreement by reference. The service allows up to four (4) brief queries per calendar month, with responses provided within approximately 24–48 business hours. The Service is not for emergencies, diagnostic advice, or protocol overhauls.

29.0 Acknowledgement and Consent

29.1 By engaging our Services, you acknowledge that you have read and agree to these Terms & Conditions and our Privacy Policy as published on our Website. You confirm that all information provided is accurate and current. Our services are educational and supportive in nature and are not a substitute for medical advice, diagnosis, or emergency care. If you experience symptoms of a serious condition, contact your GP, specialist, or dial 000 in Australia.

30.0 Limitation of Liability and Disclaimers

30.1 Nothing in these Terms excludes, restricts or modifies any consumer rights under the Australian Consumer Law.

(i) Optimum Testing excludes all warranties except those that cannot be excluded by law.

(ii) Our services do not guarantee specific outcomes and are not intended to diagnose, treat, or cure medical conditions.

(iii) We are not liable for any indirect, incidental, or consequential losses arising from the use of our Services.

(iv) To the maximum extent permitted by law, total liability is limited to resupplying the affected service or refunding the paid amount.

31.0 Governing Law and Jurisdiction

31.1 These Terms are governed by the laws of New South Wales, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of New South Wales.

32.0 Contact Information

32.1 If you have any questions about these Terms or your service, please contact us at:
Email: info@optimumtesting.com.au
Website: www.optimumtesting.com.au

33.0 Our contract with you 

(i) This agreement constitutes the entirety of the understanding between the involved parties and supersedes all prior agreements and arrangements.

(ii) Each party acknowledges that, by entering into this agreement, they do not rely on any representation, warranty, information, document, or other term not explicitly outlined within this agreement. 

(iii) Should you utilise our Website in any capacity and place an order on behalf of another individual, you affirm that you possess full authority to do so, assuming personal responsibility for every action or omission undertaken. 

(iv) We do not provide assurance regarding the availability of Services advertised on our Website. Furthermore, we reserve the right to amend these terms periodically. The terms applicable to you are those published on our Website at the time of Service ordering.

(v) In the event that you acquire Services from us through an alternative arrangement not involving payment via our Website in the future, these terms shall remain applicable to the fullest extent feasible. 

34.0 Interpretation 

In these terms and conditions, unless the context requires otherwise: 