Terms of Service

Listen Health facilitates secure access to pathology lab testing and biomarker tracking, allowing you to view your lab results in an intuitive, personalised format. Our mission is to empower you with better insights into your health through data-driven recommendations.

These Terms of Service ("Terms") outline the essential conditions regarding your use of our services, including any materials, data, content, and features available through our platform.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR SERVICES.

If you have any questions, contact us at support@listenhealth.com.au before proceeding. By using Listen Health, you agree to our Privacy Policy, which is incorporated into these Terms by reference.

1. DEFINITIONS
- "Listen Health," "we," "our," "us": Refers to Listen Health Pty Ltd, an Australian company.  
- "User," "you," "your": Refers to the individual using our services.  
- "Services": Refers to Listen Health's website, mobile application, software, and any other products or services we provide.  
- "Lab Results": Refers to your biomarker data received from third-party pathology labs and displayed within our platform.  
- "Affiliates": Includes Listen Health’s partners, contractors, and third-party service providers.  
- "Personal Information": As defined in our Privacy Policy, including health data, biomarker results, and any other personally identifiable information you provide.

2. LISTEN HEALTH DOES NOT PROVIDE MEDICAL SERVICES**  
- Listen Health does not offer medical advice, diagnosis, or treatment. Any content or insights provided through our platform are for informational purposes only.  
- Our services do not establish a doctor-patient relationship.  
- If you have concerns about your health, consult a qualified healthcare professional.  
- In case of a medical emergency, call 000 (Australia’s emergency services number) or visit your nearest hospital.

3. ELIGIBILITY & ACCOUNT REQUIREMENTS
- You must be at least 18 years old to use our services.  
- You must provide accurate and complete information during sign-up and maintain the confidentiality of your account credentials.  
- You may not create an account for someone else unless legally authorised to do so.  
- Listen Health reserves the right to suspend or terminate accounts that violate these Terms.

4. USE OF OUR SERVICES
By using our services, you agree that you will not:  
- Provide false or misleading information.  
- Share your account credentials or allow unauthorised access to your account.  
- Use our services for unlawful purposes.  
- Attempt to reverse-engineer, modify, or copy our software or platform.  
- Interfere with or disrupt our platform, servers, or networks.  
- We reserve the right to terminate your access if you violate these terms.

5. LAB RESULTS & DATA ACCURACY
- Listen Health receives biomarker data from third-party pathology labs and displays it in an easy-to-understand format.  
- We do not control or verify the accuracy of lab results. Lab results may contain unexpected or distressing information. Consult a healthcare professional before making decisions based on your results.  
- If you believe there is an error in your results, contact the pathology provider directly.

6. THIRD-PARTY SERVICES
- Listen Health integrates with third-party services, including pathology labs and payment processors (e.g., Stripe).  
- We do not control or assume responsibility for third-party services, including their accuracy, availability, or compliance with applicable laws.  
- Your interactions with third-party services are governed by their respective terms and privacy policies.

7. PAYMENT, SUBSCRIPTIONS & REFUNDS
- Access to certain Listen Health services requires payment. The Advanced Whole-Body Test is billed once a year and individual tests are paid per test. Payments are processed through third-party providers (e.g., Stripe).
- Renewal: your plan renews automatically each year at the then-current price unless you cancel. We will email you before your renewal so you can cancel in time. Any price change applies only from your next renewal, and we will tell you by email beforehand. You can cancel anytime in your account (Account > Manage your plan > Cancel subscription) or by emailing billing@listenhealth.com.au. Cancelling stops renewal, and you keep access until the end of the period you have paid for.
- Advanced Whole-Body Test refunds: you can get a full refund of your first payment if you cancel within 48 hours of purchase and no sample has been collected and no laboratory testing has been performed. After 48 hours, or once a sample has been collected or testing performed (whichever happens first), your purchase is non-refundable. Renewal payments are non-refundable. Unused tests do not earn a partial or pro-rata refund and do not roll over. Gift purchases are final.
- Add-on and individual tests: the same rule applies. Full refund if cancelled within 48 hours of purchase and no sample has been collected. After that, no refunds. If a clinician declines all of your tests, you receive a full refund. If a clinician declines some of your tests, you may request a credit for the lab fees of those tests within 7 days of the clinician's decision.
- Refund processing: approved refunds are paid to your original payment method. Credits apply only to future add-on tests, expire after 1 year and have no cash value. Our Refund Policy at https://www.listenhealth.com.au/refund-policy sets out the full detail and applies together with these Terms.
- Australian Consumer Law: nothing in these Terms or our Refund Policy limits your rights under the Australian Consumer Law, including remedies for a major failure. Contact us for assistance. We may update this section; we will notify you of material changes by email or in the platform.

8. DATA PRIVACY & SECURITY
- Listen Health takes data security seriously. Your information is handled in accordance with our Privacy Policy.  
- While we implement security measures, no system is 100% secure. You acknowledge that any data transmission is at your own risk.  
- We comply with Australian Privacy Principles (APPs) under the Privacy Act 1988 (Cth).

9. DISCLAIMERS & LIMITATION OF LIABILITY
- Listen Health provides its services on an "as is" and "as available" basis, without warranties of any kind.  
- To the maximum extent permitted by Australian law, we disclaim all liability for: Any errors, omissions, or inaccuracies in lab results.  
- Any reliance on the information provided through our platform.  
- Third-party services, including pathology labs and payment processors.  
- Our total liability shall not exceed the amount you paid for our services in the past 12 months.

10. TERMINATION
We may suspend or terminate your access if:  
- You violate these Terms.  
- You misuse our services.  
- We suspect fraudulent, abusive, or illegal activity.  
- You may terminate your account by contacting support@listenhealth.com.au.

11. DISPUTE RESOLUTION & GOVERNING LAW
- These Terms are governed by the laws of Australia.  
- Any disputes will be resolved through negotiation or mediation before resorting to legal action.  
- No class actions: Any dispute must be resolved on an individual basis.

12. CHANGES TO THESE TERMS
- We may update these Terms periodically.  
- If we make material changes, we will notify you by email or through our platform.  
- Your continued use of our services constitutes acceptance of the revised Terms.

13. CONTACT INFORMATION
- If you have any questions about these Terms, contact us at support@listenhealth.com.au.