Terms of service

TestSmart

TestSmart Pty Ltd

Effective date: 23 June 2026

Last updated: 25 June 2026

Website: testsmart.com.au

Contact: hello@testsmart.com.au

1. About these Terms

These Terms of Service (Terms) govern your access to and use of the TestSmart website, mobile platform, telehealth services, screening kits, and related services (together, the Services) operated by TestSmart Pty Ltd (ACN 692 728 840) (TestSmart, we, us or our).

By creating an account, completing a questionnaire, purchasing a test, or otherwise using the Services, you agree to be bound by these Terms. If you do not agree, you must not use the Services.

These Terms should be read together with our Privacy Policy, which forms part of these Terms.

2. Eligibility

2.1 Minimum age

You must be at least 18 years of age to use the Services. By using the Services you represent and warrant that you are 18 years or older. The Services are not intended for minors, and we will not knowingly collect personal or health information from anyone under 18.

2.2 Australian residents

The Services are intended for users physically located in Australia at the time of using the Services. We do not currently offer Services to users outside Australia.

2.3 Capacity

You must have the legal capacity to enter into a binding contract. If you are using the Services on behalf of another person, you confirm you have authority to do so.

2.4 Clinical eligibility

Your eligibility to receive a particular test, prescription or treatment will be assessed by an independent registered medical practitioner ("GP" or "Treating Practitioner") based on the information you provide. The GP may determine that the Services are not clinically appropriate for you, in which case the refund provisions in clause 8 will apply.

3. The Services

3.1 What TestSmart provides

TestSmart is a digital health technology platform that connects you with independent third-party providers including registered medical practitioners (GPs), accredited pathology laboratories, and pharmacy partners. TestSmart provides the technology, customer experience, logistics coordination, and administrative services that make at-home health screening accessible.

3.2 Service flow

A typical user journey involves the following steps:

You select your preferred testing kit and complete an online health questionnaire on the TestSmart platform.
An independent GP reviews your responses through their practice management system and, if clinically appropriate, issues a pathology request.
A test collection kit is dispatched to your nominated address.
You self-collect a sample at home in accordance with the instructions for use provided with the kit.
You return the sample to the accredited pathology laboratory using the supplied prepaid materials.
The laboratory tests your sample and returns results to the GP.
The GP reviews results and, where clinically appropriate, issues prescriptions, referrals or further advice.
Where prescribed, medication may be dispensed and delivered by a third-party pharmacy partner.

3.3 What TestSmart is not

TestSmart is not a medical practice, pathology laboratory, pharmacy, or emergency service. TestSmart does not provide medical advice, diagnosis, or treatment. All clinical decisions are made by the independent GPs, and all pathology services are performed by independent accredited laboratories.

3.4 Not for emergencies

The Services are not appropriate for medical emergencies or urgent care. If you are experiencing a medical emergency, call 000 immediately or attend your nearest emergency department.

4. Independent third-party providers

4.1 Independent practitioner relationship

Any consultation, assessment, prescription or clinical opinion you receive is provided by an independent registered medical practitioner who is responsible for the clinical aspects of your care. The doctor-patient relationship is between you and the practitioner, not with TestSmart.

4.2 Pathology services

Pathology testing is performed by accredited third-party laboratories under their own terms, accreditation, and clinical governance. TestSmart is not a laboratory and does not perform testing.

4.3 Pharmacy and dispensing

Where prescribed medications are dispensed and delivered through a third party pharmacy partner, the dispensing pharmacy is responsible for the supply of medication under its own terms and the Pharmacy Board of Australia's professional standards.

4.4 Limitation on third-party performance

To the maximum extent permitted by law, TestSmart is not liable for the acts or omissions of independent GPs, laboratories or pharmacies. Any complaint regarding clinical care, test handling, or dispensing should be raised with the relevant practitioner, laboratory or pharmacy, although TestSmart will use reasonable efforts to assist you in resolving such matters.

5. Medical disclaimers

5.1 Screening, not diagnosis

TestSmart provides screening services. Screening is intended to identify the possible presence of a condition in people who do not yet have symptoms.

5.2 No substitute for in-person care

The Services do not replace regular in-person care from your usual GP or specialist. We strongly encourage you to maintain a relationship with a regular treating doctor and to share your test results with them.

5.3 Accuracy of information

You are responsible for providing accurate, complete, and current information when completing questionnaires, providing samples, and during consultations. Inaccurate or incomplete information may lead to inappropriate clinical decisions or invalid test results, for which TestSmart and the treating GP are not liable.

5.4 Sample collection

At-home self-collection requires you to follow the supplied instructions for use carefully. Improperly collected, stored or returned samples may produce invalid results. If your sample is rejected or invalid, you may be required to collect and submit a new sample.

6. Telehealth consent

By using the Services, you consent to the provision of healthcare via telehealth (including video, telephone or asynchronous written consultations). You acknowledge that:

Telehealth may have inherent limitations compared with in-person care, including the inability to perform a physical examination.
The GP may, at their professional discretion, determine that telehealth is not appropriate and refer you for in-person assessment.
Telehealth consultations and associated records are stored and may be shared with other healthcare providers involved in your care, in accordance with our Privacy Policy.
Technology failures or interruptions may occasionally affect a consultation, and TestSmart is not responsible for such interruptions where they are caused by your equipment, internet connection, or other circumstances outside our reasonable control.

7. Your account

7.1 Account creation

You may need to create an account to use the Services. You must provide accurate registration information and keep it up to date.

7.2 Account security

You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. Notify us immediately at hello@testsmart.com.au if you suspect unauthorised use.

7.3 One account per person

You may not create or maintain more than one account for yourself, nor permit anyone else to use your account.

8. Fees, payment and refunds

8.1 Fees

Fees for the Services are displayed on our website at the time of purchase. Fees may cover (depending on the test selected) the digital platform, patient questionnaire review, kit logistics, and return postage. Pathology testing for eligible items is typically bulk-billed to Medicare directly by the laboratory. Where a follow-up telehealth consultation with a GP is required (for example, following a positive result), this consultation will be bulk-billed to Medicare for eligible patients.

8.2 Payment

Payment is processed at the time of order via our third-party payment processor. By placing an order you authorise us (or our processor) to charge the payment method you provide.

8.3 Refund policy — clinical ineligibility

If, after reviewing your questionnaire, the independent GP determines that you are not clinically eligible for the test or service you have purchased, you are entitled to a full refund of the fees paid to TestSmart for that order. Refunds will be processed to your original payment method within a reasonable time, typically 5–10 business days.

8.4 Other refunds

Once a kit has been dispatched, or once a GP consultation has commenced, refunds are not available except where required by Australian Consumer Law or other applicable law. This clause does not exclude or limit your rights under the Australian Consumer Law.

8.5 Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law that cannot lawfully be excluded.

9. Acceptable use

You must not, and must not attempt to:

Use the Services for any unlawful, fraudulent, or harmful purpose.
Provide false, misleading, or impersonated information.
Use the Services on behalf of another person without authorisation.
Interfere with, disrupt, or attempt to gain unauthorised access to the Services or systems supporting them.
Reverse engineer, copy, scrape, or create derivative works of any part of the Services.
Resell, sublicense, or commercially exploit the Services without our written consent.

10. Privacy and health information

TestSmart collects and handles your personal information (including sensitive health information) in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. Our handling of your information is described in our Privacy Policy, which is incorporated into these Terms.

By using the Services you consent to:

The collection of your personal and health information for the purpose of providing the Services.
The sharing of your information with the independent GP, pathology laboratory and (where applicable) pharmacy partner involved in your care.
The use of your de-identified data for service improvement, quality assurance and research, in accordance with applicable law and ethical standards.

Records relating to your care will be retained for the periods required by applicable state and territory health records legislation.

11. Intellectual property

All intellectual property in the Services, including the TestSmart name, logo, branding, website, software, content, and documentation, is owned by or licensed to TestSmart Pty Ltd. You are granted a limited, non-exclusive, non-transferable, revocable licence to use the Services for your personal, non-commercial use in accordance with these Terms.

You must not use the TestSmart trade marks without our prior written consent.

12. Third-party content and links

The Services may include information, links, or content provided by third parties. We do not endorse and are not responsible for the accuracy, currency, or completeness of third-party content. Any reliance you place on such content is at your own risk.

13. Availability of the Services

We aim to keep the Services available 24/7 but do not guarantee uninterrupted availability. The Services may be unavailable from time to time due to maintenance, upgrades, technical issues, or events outside our reasonable control. We are not liable for any loss caused by unavailability of the Services.

14. Limitation of liability

14.1 Consumer guarantees not excluded

Nothing in these Terms excludes, restricts or modifies any non-excludable right or remedy you have under the Australian Consumer Law or any other applicable law.

14.2 Exclusion of indirect loss

To the maximum extent permitted by law, TestSmart is not liable for any indirect, incidental, special, consequential or punitive loss, including loss of profit, loss of revenue, loss of opportunity, loss of data, or loss of goodwill, arising out of or in connection with the Services or these Terms.

14.3 Cap on liability

To the maximum extent permitted by law, our total aggregate liability to you arising out of or in connection with the Services or these Terms (whether in contract, tort, statute or otherwise) is limited to the greater of (a) the fees paid by you to TestSmart in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) AUD $500.

14.4 Where consumer guarantees apply

Where a consumer guarantee under the Australian Consumer Law applies and cannot be excluded, our liability for breach of that guarantee is limited (to the extent permitted by law) to, at our option: re-supplying the Services, or paying the cost of having the Services re-supplied.

14.5 No liability for third parties

We are not liable for any loss or damage caused by the acts or omissions of independent GPs, pathology laboratories, pharmacies, couriers, payment processors, or other third parties.

15. Your indemnity

You indemnify TestSmart, its officers, employees, contractors, and agents against any loss, damage, cost, expense, or liability (including reasonable legal fees) arising out of or in connection with:

Your breach of these Terms.
Any false, misleading or incomplete information you provide.
Your misuse of the Services or any product supplied through them.
Your breach of any law in connection with your use of the Services.

Our right to be indemnified is reduced to the extent that our negligence or wilful misconduct contributed to the loss.

16. Suspension and termination

16.1 Termination by you

You may stop using the Services at any time and close your account by contacting hello@testsmart.com.au.

16.2 Termination by us

We may suspend or terminate your access to the Services at any time, with or without notice, if we reasonably believe you have breached these Terms, provided false information, or engaged in conduct that is unlawful, harmful, or inconsistent with the safe operation of the Services.

16.3 Effect of termination

Termination does not affect any rights or obligations accrued before termination. Clauses that by their nature should survive termination (including clauses 10, 11, 14, 15, 17 and 18) will survive.

17. Regulatory compliance

17.1 Therapeutic Goods Administration

Any test kits supplied through the Services are intended to be used in accordance with the Therapeutic Goods Act 1989 (Cth) and applicable TGA requirements. Our communications about therapeutic goods are intended to comply with the Therapeutic Goods Advertising Code.

17.2 Health practitioner regulation

The GPs providing services through the platform are registered with the Australian Health Practitioner Regulation Agency (AHPRA) and bound by the Medical Board of Australia's Code of Conduct and applicable telehealth standards.

17.3 Pathology accreditation

Pathology testing is performed by laboratories accredited by the National Association of Testing Authorities (NATA) against the relevant ISO standards.

18. General

18.1 Governing law

These Terms are governed by the laws of New South Wales, Australia. You and TestSmart submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts hearing appeals from them.

18.2 Dispute resolution

Before commencing court proceedings (other than for urgent interlocutory relief), the parties will attempt to resolve any dispute in good faith. You should first contact us at hello@testsmart.com.au. If we cannot resolve a dispute within 30 days, either party may pursue any other remedy available at law.

18.3 Changes to the Terms

We may update these Terms from time to time. We will publish the updated Terms on our website and update the "Last updated" date. Material changes will be notified to you by email or through the Services. Continued use of the Services after changes take effect constitutes acceptance of the updated Terms.

18.4 Assignment

You may not assign your rights or obligations under these Terms without our prior written consent. We may assign or novate these Terms in connection with a sale, merger, restructure or transfer of our business.

18.5 Severability

If any part of these Terms is held to be invalid or unenforceable, that part is severed and the remaining Terms continue in full force and effect.

18.6 No waiver

A failure to exercise or delay in exercising a right under these Terms does not operate as a waiver of that right.

18.7 Entire agreement

These Terms (together with our Privacy Policy) constitute the entire agreement between you and TestSmart in relation to the Services and supersede any prior agreement or understanding.

19. Contact us

If you have questions about these Terms or the Services, please contact us at:

TestSmart Pty Ltd

Email: hello@testsmart.com.au

Website: testsmart.com.au

ACN: 692 728 840

Registered office: 3 Howard Rd, Padstow NSW 2211