Terms of Service

1. About Eirly and these Terms

1.1 These Terms of Service (Terms) are a legally binding agreement between you and Bloody Good Tests Pty Ltd (ABN 62 667 990 963 / ACN 667 990 963), trading as Eirly Health and Eirly Marketplace (Eirly, we, us, our), of 16 Nexus Way, Southport QLD 4215.

1.1A What these Terms cover. These Terms govern your use of eirly.health, the Eirly platform and the Eirly Marketplace, and any order you place through them. The same company also operates the Bloody Good Tests consumer store at bloodygoodtests.com.au; purchases made through that store are governed by the terms and refund policy published on that site, not by these Terms.

1.2 Eirly operates a platform through which you can order and access Diagnostic Services (including private pathology testing, and other diagnostic services we add over time) supplied by accredited or otherwise appropriately qualified laboratories and providers (Diagnostic Providers). Eirly is a technology and clinical-governance provider; it does not itself perform the Diagnostic Services.

1.3 These Terms are our general terms and apply to everyone who uses the platform. If you are a practitioner or business, you also accept our Master Services Agreement when you create or join an organisation, and that agreement governs your practitioner or business use. Our Privacy Policy (eirly.health/privacy-policy) applies to all use and forms part of these Terms.

1.4 Our service is for general health screening and private testing. It is not a substitute for care from your regular doctor, is not intended for people managing complex or acute illness, and does not create a traditional doctor-patient relationship with you. Results are informational and are not, by themselves, a clinical diagnosis.

1.5 We may update these Terms from time to time (see clause 18).

2. Acceptance and eligibility

2.1 You accept these Terms when you tick to accept them, create an account, or use the platform.

2.2 You must be at least 18 years old and legally able to enter into these Terms. A person under 18 cannot hold an account in their own name. A parent, carer or guardian may order an at-home test kit for a child in their care, and in doing so consents on the child's behalf, is responsible for the order, and receives the child's results. The arrangement ends when the child turns 18. We do not offer collection-centre testing for people under 18 unless we have approved a specific arrangement in writing.

2.3 If you accept on behalf of an organisation, you warrant you are authorised to bind it.

3. Your account

3.1 To use most features you must create an account and give accurate, current and complete information, and keep it up to date.

3.2 You are responsible for keeping your login details secure and for activity under your account. Tell us immediately at support@eirly.health if you suspect unauthorised access.

3.3 You must not create an account for someone else without authority, or use another person's account.

4. How the service works

4.1 Diagnostic Services are performed by Diagnostic Providers and facilitated through our platform. We arrange your order, generate the referral or request where applicable, apply our clinical-governance processes, and deliver your results.

4.2 Our role varies with the service. For some Diagnostic Services we act as the ordering and clinical-governance layer; for others we facilitate a transaction between you and a Diagnostic Provider. In all cases the Diagnostic Provider performs the test, and where we facilitate a provider's service, that provider is responsible for performing and supporting it.

4.3 You may order directly, or a healthcare practitioner may order for you. Where a practitioner orders, they are responsible for their own advice and for interpreting and managing your results.

5. Referrals, kits and collection

5.1 A pathology request form or referral is valid for 6 months from the date of order and must be used at a listed collection centre. After 6 months it is no longer valid, cannot be used or reused, is not refunded or converted to credit, and cannot be transferred to another person. Use at a non-listed centre may incur additional charges or require a new order.

5.2 At-home test kits must be used in accordance with the instructions provided. You are responsible for following any preparation and collection instructions; incorrect preparation or collection may affect your results and may require a new test at your cost.

6. Payment

6.1 Prices shown to consumers are in Australian dollars and include GST unless stated otherwise. You authorise us (and our payment processor) to charge your nominated payment method for your order and any applicable charges.

6.2 You warrant you are authorised to use the payment method. You are responsible for costs we incur from a failed, reversed or unpaid charge, including reasonable bank or processor fees.

6.3 We may change our prices from time to time. Price changes do not affect an order already placed.

7. Cancellations and refunds

7.1 Cancelling within 30 days. You may cancel an order within 30 days of purchase, provided your sample has not been collected and any at-home kit has not been dispatched. We refund what you paid, less $10 for each pathology referral we have already issued that has not been used, and less $10 for each at-home kit that has not been dispatched. A pathology bundle or panel on one referral is one referral however many tests it contains. If we have not yet issued a referral, that pathology is refunded in full.

7.2 The $10 per referral or kit is the only amount we keep. There is no separate cancellation fee and no payment processing fee.

7.3 After your sample is collected. Once your sample has been collected and analysed but before your results are delivered, any refund is limited to 10% of the price of the test. Once results have been delivered to your account the service has been supplied and we cannot refund it.

7.4 After 30 days. Outside the 30-day window we do not refund an order because you have changed your mind, even though your referral remains valid for use until it expires under clause 5.1.

7.5 At-home kits and goods already dispatched. Once a kit or other physical goods have been dispatched, the provider's own terms decide whether any refund is given, and they differ between providers. We pass on any refund the provider gives us, less any fee the provider charges, and we tell you the amount before you cancel. The provider's terms are available from us on request.

7.6 Which terms apply to your order. These Terms, including this clause 7, apply to every order you place with us directly and to every order you pay for through a link we send you at a practitioner's or organisation's request (a "Send To" order). Where a practitioner or organisation paid for your test themselves and charged you separately, your refund is a matter between you and them, and their own terms apply to what you paid them. Orders placed through bloodygoodtests.com.au are governed by the terms and refund policy published on that site.

7.7 Provider policies. Some tests are performed by providers with their own refund policies, including specialty, send-away and genetic testing, imaging and at-home test kits. Those policies apply to their tests, may set different timeframes, and you should review them before ordering. The relevant provider's position is available from us on request.

7.8 How to ask. Email support@eirly.health with your order date, name and order reference. We respond within 5 business days and process an approved refund within 7 business days, using the same payment method you used, unless we agree otherwise with you.

7.9 Your rights under the Australian Consumer Law. Nothing in this clause limits your rights under the Australian Consumer Law, including the consumer guarantees. Where a Diagnostic Service or kit was not supplied, or there was a major failure, you are entitled to a remedy under that law: the time limits in this clause do not apply and we do not keep the $10.

8. Samples, results and reporting

8.1 We never receive, hold or handle your physical sample. It is collected and analysed by the Diagnostic Provider, which determines how it is retained and handled under its own accreditation and obligations.

8.2 Results are delivered to your account and, where a practitioner or organisation ordered for you, to that practitioner or organisation. We release results only to you and to the practitioner or organisation that ordered for you or through which you ordered.

8.3 Results that a Diagnostic Provider flags as clinically significant or urgent are reviewed by an appropriately qualified Australian medical practitioner engaged by us, who may contact you.

8.4 Notifiable conditions. Some results must be reported to government health authorities by law. When a test identifies a notifiable condition, the laboratory is legally required to report it, and a public health unit may contact you directly. This cannot be opted out of.

8.5 My Health Record. Whether a result is uploaded to My Health Record depends on the laboratory that performs your test and the law that applies to it. Contact us if you want to know the position for a particular test.

9. Artificial intelligence

9.1 We use software, including artificial intelligence, to help process laboratory reports, generate plain-language educational explanations of your results, and respond to general enquiries.

9.2 Educational explanations are reviewed and approved by a registered medical practitioner before publication, and everyone who orders a given test sees the same approved explanation. Your individual results are not reviewed by a practitioner unless flagged as clinically urgent.

9.3 All AI-generated content is educational only, is not a diagnosis, and is not a substitute for advice from a qualified health professional.

9.4 Where our AI runs. The AI we use to process your reports and generate educational explanations runs on contracted cloud infrastructure in Australia, and neither we nor that provider use your identifiable information to train AI models. Two things work differently, and the Privacy Policy explains both: our support chat is provided by a third party and may use its own AI assistant, handled overseas, if you choose to use the chat; and if you separately choose to connect an external AI assistant to your account, your information is sent to that provider under its own terms. Some of our other service providers, such as our payment processor, use information for their own model training under their own terms, and we exclude your information from that where the provider offers the option.

10. Your responsibilities

10.1 You must use the platform only for lawful purposes, provide accurate information, and not misuse, interfere with, or attempt to gain unauthorised access to the platform. You must not use automated tools to extract data from the platform. If you are an individual using the platform for yourself, your use must be personal and non-commercial; if you are a practitioner or business, your use is governed by the Master Services Agreement (see clause 13.2).

11. Privacy

11.1 We handle your personal information, including your health information, in accordance with our Privacy Policy (eirly.health/privacy-policy) and the Privacy Act 1988 (Cth). By using the platform you acknowledge our Privacy Policy.

12. Intellectual property

12.1 All intellectual property in the platform is owned by or licensed to Eirly. We grant you a limited, non-exclusive, non-transferable, revocable licence to use the platform: for an individual, for their own personal, non-commercial use; for a practitioner or business, on the terms of the Master Services Agreement. You must not copy, extract, reverse engineer, scrape, or make commercial use of any part of the platform, or use our trademarks, except as that Agreement expressly permits or as we consent to in writing.

13. Competitors and misuse of the platform

13.1 You must not access or use the platform to collect competitive intelligence, to scrape or systematically extract our content, pricing, catalogue or provider information, or to build or assist a competing product or service.

13.2 This clause targets data extraction and competitive misuse. It does not prevent an ordinary practitioner or business from using the platform to provide their own services. Where you are a practitioner or business, your use of the platform is governed by the Master Services Agreement, and clauses 10.1, 12.1 and this clause 13 apply to you only as that Agreement provides; to the extent of any inconsistency, that Agreement prevails.

14. Disclaimers

14.1 The platform and services are provided on an "as is" and "as available" basis. To the extent permitted by law, we make no warranties about accuracy, suitability or availability, and we are not liable for the acts, omissions, errors or inaccuracies of Diagnostic Providers.

14.2 Our services and any information we provide are not medical advice and do not replace consultation with a qualified health professional.

14.3 Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy under the Australian Consumer Law that cannot lawfully be excluded. Where our liability for breach of a consumer guarantee can be limited, it is limited (at our option) to resupplying the service or paying the cost of resupply.

15. Liability

15.1 To the extent permitted by law, we are not liable for indirect or consequential loss, or for loss of profit, data, or opportunity.

15.2 To the extent permitted by law, and subject to clause 14.3, our total liability to you in connection with the platform and services is limited to the amount you paid for the relevant order.

16. Indemnity

16.1 You agree to compensate us for loss we reasonably incur arising from your breach of these Terms, your misuse of the platform, or your provision of inaccurate information, except to the extent the loss was caused by us.

17. Suspension and termination

17.1 You may close your account at any time by contacting us; closing your account does not delete health records we must retain by law (see the Privacy Policy).

17.2 We may suspend or terminate your access if you breach these Terms, use the platform unlawfully or unsafely, or where we reasonably need to protect the platform or any person. We may retain records after termination as required by law.

18. Changes to these Terms

18.1 We may update these Terms. Where a change is material, we will give you at least 30 days' notice before it takes effect, by a notice in the platform or by email, and where the law requires your consent we will ask for it. Continued use after a change takes effect means you accept it, and if you do not accept it you may close your account under clause 17.1. A change does not affect an order you placed before it took effect. Previous versions of these Terms remain available from us on request.

19. Notices

19.1 Notices to us go to support@eirly.health. Notices to you may be sent to your account or the email or address you have given us.

20. Dispute resolution

20.1 If a dispute arises, contact us first and we will try in good faith to resolve it. If it is not resolved within 28 days, either of us may propose mediation through an accredited mediator, which the other will consider in good faith; if we mediate, we share the mediator's costs equally and each bear our own costs.

20.2 Nothing in clause 20.1 requires you to mediate before, or prevents you at any time from, making a complaint to or bringing a claim in a court or tribunal (including a small claims tribunal), making a complaint to an ombudsman, a regulator or the Office of the Australian Information Commissioner, exercising any right under the Australian Consumer Law, or seeking urgent relief.

21. Governing law

21.1 These Terms are governed by the laws of Queensland, Australia, and you submit to the non-exclusive jurisdiction of the courts of that State.

22. General

22.1 If a provision is void or unenforceable, it is severed and the rest continues. You may not assign these Terms without our consent; we may assign them within our group. These Terms, together with the Privacy Policy (and, for practitioners and businesses, the Master Services Agreement), are the entire agreement between us on their subject matter.