Terms & Conditions

Disclaimers

This section highlights important information about the nature and limitations of the Services. It should be read carefully before using the Get Limitless platform or purchasing any Membership. This section forms part of these Terms but is intended to provide an upfront summary only.

Nature of the Services

Get Limitless provides a digital health and longevity platform that enables users to obtain personalised diagnostics, health insights and wellness programs through online assessments and consultations with independent, Australian-registered medical practitioners (Services).

The Services are designed to support preventative health, longevity and wellness only. They do not constitute a comprehensive medical service and are not a substitute for in-person medical care provided by your regular general practitioner or specialist.

Get Limitless does not provide emergency medical services. If you require immediate medical attention, you must contact your treating general practitioner or call 000.

What the Services Do Not Cover

Get Limitless:

  • does not diagnose or treat acute illnesses, injuries or urgent medical conditions;
  • does not provide emergency, critical or after-hours care;
  • does not issue medical certificates, sick leave certificates or medico-legal reports;
  • does not replace your ongoing relationship with a general practitioner.

You must not use the Services if you have, or reasonably suspect that you may have, an emergency or critical medical condition, including chest pain, respiratory distress, symptoms of stroke, loss of consciousness, severe bleeding or any other condition requiring immediate medical attention.

Emergency and Appropriateness of Use

If you are unsure about:

  • the seriousness of your condition;
  • whether the Services are appropriate or effective for your circumstances; or
  • whether you or another person may be in an urgent, dangerous or emergency situation,

you must not use the Services and should instead immediately contact 000 or seek appropriate medical care.

Role of Get Limitless and Medical Practitioners

Get Limitless facilitates access to independent third-party Australian-registered medical practitioners. All practitioners act independently and exercise their own professional judgement.

Get Limitless does not practise medicine, does not control or direct clinical decision-making, and makes no guarantees regarding diagnoses, prescriptions, treatments or outcomes.

Our Disclosures

Privacy

We handle personal and health information in accordance with our Privacy Policy.

Consumer Law Rights

Nothing in these Terms limits your rights under the Australian Consumer Law.

Fees, Refunds and Cancellations (Summary)

Consultation and diagnostic fees are generally non-refundable. Missed consultations are non-refundable. Memberships cannot be terminated after medical testing has commenced except where we are in breach of these Terms.

Terms and Conditions

Definitions and Interpretation

Definitions

In these Terms, unless the context otherwise requires:

  • ACL means the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
  • Fees means all fees, charges and amounts payable for the Services, including consultations, diagnostics, Memberships, prescriptions and products.
  • Membership means a subscription or ongoing service arrangement offered by Get Limitless as described on the Platform at the time of purchase.
  • Platform means the Get Limitless website, applications and any associated digital interfaces.
  • Practitioner means an independent Australian-registered medical practitioner accessed via the Platform.
  • Privacy Policy means the Get Limitless privacy policy as published on the Platform from time to time.
  • Services means the services made available via the Platform, including health assessments, diagnostics, telehealth consultations, programs and Memberships.
  • you or your means the individual accessing or using the Platform or Services.

Interpretation

In these Terms:

  • headings are for convenience only and do not affect interpretation;
  • words in the singular include the plural and vice versa;
  • references to legislation include amendments and replacements.

1. Acceptance

1.1 Parties

These Terms and Conditions (Terms) are entered into between Limitless Labs Pty Ltd (ACN 690 005 620, ABN 25 690 005 620) trading as Get Limitless (we, us or our) and you. Together, we and you are the Parties.

1.2 Platform and Services

We operate a digital health and longevity platform accessible via our website and any associated applications or digital interfaces (Platform). Through the Platform you may access the Services, including health questionnaires, diagnostic testing, telehealth consultations with independent medical practitioners, treatment programs, and Memberships.

1.3 Acceptance of Terms

You accept and agree to be bound by these Terms at the earliest of when you:

  • click an "I accept", "Agree" or similar confirmation;
  • submit any questionnaire, consultation form or health assessment;
  • create an account, purchase a Membership, place an order or make a payment; or
  • otherwise access or use the Platform or Services.

1.4 Amendments

We may amend these Terms at any time by publishing updated Terms on the Platform or providing notice to you. Continued use after notice constitutes acceptance. If you do not agree, you must cease using the Services and may cancel your account before the amendments take effect.

1.5 App Store Terms

If you access any Get Limitless application through the Apple App Store or Google Play Store, you also agree to be bound by the applicable third-party terms, which apply in addition to these Terms.

1.6 Eligibility and Exclusion Criteria

You must be at least 18 years of age and must not meet any exclusion criteria specified on the Platform or determined by a medical practitioner. By using the Services, you warrant that you are eligible and suitable.

2. Accounts and Platform Access

2.1 Account Creation and Registration

To access certain Services, you must create an account on the Platform. When creating an account, you must provide accurate, complete and current information, including personal and health information. You warrant that all information you provide is true and correct and acknowledge that inaccurate or incomplete information may affect your eligibility for the Services.

2.2 Account Security

You are responsible for maintaining the confidentiality and security of your login credentials and for all activities conducted through your account, whether authorised by you or not. You must notify us immediately if you become aware of any unauthorised access to, or use of, your account.

2.3 Monitoring and Compliance

We may monitor use of the Platform to ensure compliance with these Terms, applicable laws, and safety requirements. You must not attempt to circumvent security features, interfere with Platform functionality, or access the Platform in an unauthorised manner.

2.4 Suspension or Restriction of Access

We may suspend, restrict or disable access to your account or the Platform, with or without notice, if we reasonably believe that:

  • you have breached these Terms;
  • information you provided is false, misleading or incomplete;
  • continued access may pose a health, safety, compliance or legal risk; or
  • required by law or a regulatory authority.

3. Medical Services and Consultations

3.1 Independent Medical Practitioners

All medical consultations accessed through the Platform are provided by independent Australian-registered medical practitioners (Practitioners). Practitioners are not employees, agents or representatives of Get Limitless.

Nothing in these Terms creates a partnership, joint venture, agency or employment relationship between Get Limitless and any Practitioner.

3.2 Role of Get Limitless

Get Limitless does not practise medicine, does not provide medical advice, and does not control or influence the clinical judgement of any Practitioner. Our role is limited to facilitating access to the Platform and administrative support services that enable consultations to occur.

3.3 Clinical Discretion and Suitability

Practitioners exercise sole and independent professional judgement in determining:

  • whether you are clinically suitable for consultation;
  • whether diagnostic testing is appropriate;
  • whether any treatment or prescription should be offered; and
  • whether alternative investigations, referrals or treatments are required.

A Practitioner may decline to provide treatment or may require further information or testing at any time.

3.4 No Guarantee of Outcome

You acknowledge that:

  • accessing a consultation does not guarantee diagnosis, treatment or prescription;
  • medical outcomes are not guaranteed;
  • responses to treatment vary between individuals.

3.5 Reliance on Information Provided

Clinical decisions are based on the information you provide. You warrant that all information you provide is accurate, complete and current. Get Limitless and Practitioners are not responsible for outcomes arising from incomplete, inaccurate or misleading information.

4. Diagnostics and Testing

4.1 Third-Party Diagnostic Providers

Diagnostic and pathology testing is conducted by independent, accredited third-party laboratories. Get Limitless does not perform diagnostic testing and does not control laboratory processes, methodologies or turnaround times.

4.2 Ordering and Completion of Tests

Where diagnostic testing is required:

  • you must complete testing within the timeframes specified;
  • failure to complete testing may delay or prevent provision of Services;
  • testing requirements may change based on Practitioner assessment.

4.3 Interpretation of Results

Diagnostic results are reviewed and interpreted by a Practitioner in a clinical context. Results may:

  • identify conditions requiring follow-up with your general practitioner or specialist;
  • indicate that Services are not appropriate or cannot continue.

4.4 No Guarantee of Results

You acknowledge that diagnostic testing may not identify all conditions and does not guarantee detection, diagnosis or exclusion of disease.

5. Prescriptions and Pharmacies

5.1 Prescribing Decisions

Any prescription is issued solely at the discretion of the prescribing Practitioner based on clinical judgement, regulatory requirements and the information available at the time of consultation.

Get Limitless does not guarantee that any medication will be prescribed.

5.2 Regulatory Compliance

Prescriptions are issued in accordance with applicable Australian laws, regulations and professional standards. Certain medications may not be available via telehealth or may be subject to additional requirements.

5.3 Partner Pharmacies

Medications are dispensed by independent partner pharmacies. Get Limitless does not manufacture, compound or dispense medications.

5.4 Pharmacy Limitations

You acknowledge that:

  • medication availability is subject to pharmacy supply;
  • delays or shortages may occur;
  • pharmacies may decline to dispense medication in accordance with their professional obligations.

Get Limitless is not responsible for acts or omissions of partner pharmacies.

6. Medical Records, Results and Reports

6.1 Medical Records

Medical records created in connection with your use of the Services, including consultation notes, diagnostic results and reports, are clinical records owned and maintained by the relevant Practitioner or third-party provider in accordance with applicable laws and professional obligations.

Get Limitless may store, access or display copies of such records on the Platform for the purpose of facilitating the Services.

6.2 Access to Records

You may request access to your medical records in accordance with applicable privacy and health records legislation. Access may be subject to verification of identity and may be provided electronically.

6.3 Results and Reports

Diagnostic results and reports are provided for informational purposes and must be interpreted by a qualified medical practitioner. You acknowledge that results:

  • are not exhaustive;
  • may change over time; and
  • may require further investigation or referral.

7. Use of Artificial Intelligence

7.1 AI-Enabled Tools

Get Limitless may use automated systems, algorithms or artificial intelligence tools (AI Tools) to support aspects of the Services, including administrative functions, data analysis, triage support, and generation of insights.

7.2 Limitations of AI

AI Tools:

  • do not provide medical advice;
  • do not replace clinical judgement;
  • may produce outputs based on probabilistic models and available data.

All clinical decisions are made solely by Practitioners.

7.3 No Reliance

You must not rely solely on outputs generated by AI Tools. Get Limitless makes no guarantees as to the accuracy or completeness of AI-generated information.

8. Medical Testing

8.1 Testing Requirements

Certain Services require medical testing, including blood tests or other diagnostic investigations. Testing requirements are determined by Practitioners and may change over time.

8.2 Completion of Testing

You are responsible for completing required testing within the specified timeframes. Failure to do so may delay, suspend or prevent provision of the Services.

8.3 Testing Limitations

Medical testing may not detect all conditions and does not guarantee diagnosis, exclusion or prediction of disease.

9. Supplements and Non-Prescription Products

9.1 Nature of Products

Supplements and non-prescription products supplied via the Platform are not therapeutic goods and are not intended to diagnose, treat, cure or prevent disease.

9.2 Use and Risk

You acknowledge that supplements should only be used as directed and in consultation with a qualified health professional.

10. Memberships and Subscriptions

10.1 Membership Structure

Certain Services are offered as part of a subscription or membership arrangement (Membership). Memberships may include access to consultations, diagnostic reviews, ongoing practitioner oversight, digital tools, content, and other inclusions as described on the Platform at the time of purchase.

Membership inclusions, duration, pricing and billing frequency will be disclosed to you before purchase and form part of these Terms.

10.2 Commencement and Term

Your Membership commences on the date you complete payment (or the first payment, where instalments apply) and continues for the minimum term specified at purchase, unless terminated earlier in accordance with these Terms.

10.3 Auto-Renewal

Unless otherwise stated, Memberships automatically renew at the end of each billing period. By purchasing a Membership, you authorise Get Limitless to charge the applicable recurring fees to your nominated payment method without further notice.

10.4 Changes to Memberships

We may vary Membership inclusions, pricing or structure from time to time. Where changes materially disadvantage you, we will provide reasonable notice. Continued use of the Membership after notice constitutes acceptance of the change.

10.5 Suspension of Membership

We may suspend or restrict your Membership, with or without notice, if:

  • payment is overdue or a charge is declined;
  • you breach these Terms;
  • you no longer meet eligibility or clinical suitability criteria;
  • required by law or a regulatory authority; or
  • continued participation may pose a health, safety or compliance risk.

11. Fees and Payments

11.1 Fees

All fees for Services, including consultations, diagnostics, Memberships, prescriptions and products (Fees), are displayed on the Platform in Australian dollars unless stated otherwise.

11.2 Payment Obligations

You must pay all Fees upfront unless otherwise agreed. We may use third-party payment processors to collect payments.

11.3 Failed Payments

If a payment fails, is reversed, or is subject to a chargeback:

  • we may retry the payment;
  • your access to the Services may be suspended;
  • outstanding Fees remain payable.

11.4 Taxes

Fees may include or exclude GST as indicated. You are responsible for any applicable taxes.

12. Cancellations, Refunds and Credits

12.1 No Refund Circumstances

To the maximum extent permitted by law, Fees are non-refundable in the following circumstances:

  • you are deemed clinically unsuitable by a Practitioner;
  • a Practitioner determines you are not eligible for medication;
  • a consultation has been completed;
  • diagnostic testing has been commenced or completed;
  • you fail to attend a scheduled consultation.

12.2 Limited Refund Circumstances

Refunds may be offered only where:

  • a partner pharmacy is unable to fulfil a prescription and you elect not to continue with the relevant program; or
  • a confirmed pricing or billing error has occurred.

12.3 Cancellations

You may cancel a Membership in accordance with the cancellation terms disclosed at purchase. Cancellation does not entitle you to a refund of Fees already paid.

12.4 Unresponsive Orders and Credits

If you place an order and fail to complete required steps (including scheduling consultations) despite reasonable contact attempts, we may cancel the order and issue a credit for future use. Credits:

  • are not redeemable for cash;
  • are non-transferable; and
  • expire as specified at the time of issue.

13. Shipping and Delivery

Products supplied through the Services are subject to our Shipping & Delivery Policy, which sets out important information regarding delivery methods, express shipping, cold-chain and temperature-regulated products, risk transfer, authority to leave, lost or delayed deliveries, and uncollected or returned items.

You acknowledge and agree that:

  • delivery of products is within Australia only and excludes PO Boxes;
  • risk in products passes to you upon delivery to the nominated delivery address; and
  • you are responsible for prompt collection and appropriate storage of products, including refrigeration as soon as practicable where required.

The Shipping & Delivery Policy forms part of these Terms and is incorporated by reference. In the event of any inconsistency between the Shipping & Delivery Policy and these Terms, these Terms prevail to the extent of the inconsistency.

14. User Obligations

14.1 Lawful Use

You must use the Platform and Services in accordance with all applicable laws, regulations and professional standards. You must not use the Platform or Services for any unlawful, misleading, fraudulent or abusive purpose.

14.2 Accuracy of Information

You warrant that all information you provide to Get Limitless, Practitioners, laboratories or pharmacies is accurate, complete and current. You acknowledge that clinical decisions rely on the accuracy of information provided and that failure to disclose relevant information may result in harm or ineligibility for Services.

14.3 Compliance with Instructions

You must follow all reasonable instructions provided by Get Limitless or a Practitioner, including instructions relating to diagnostics, treatment, medication use, storage and follow-up care.

14.4 Prohibited Conduct

You must not:

  • misuse or interfere with the Platform;
  • attempt to gain unauthorised access to systems or data;
  • resell, share or transfer Services without permission;
  • submit false, misleading or deceptive information.

15. Intellectual Property

All intellectual property in the Platform and Services is owned by or licensed to Get Limitless. You must not copy, modify or exploit any content without permission.

16. Your Data

16.1 Scope of Your Data

Your Data” includes all information, data and content that you submit, upload, transmit, generate or otherwise make available through the Platform or Services, including (without limitation):

  • personal information and health information;
  • medical history, pathology results, diagnostic reports and clinical information;
  • information from wearable devices or third-party integrations;
  • responses to questionnaires, assessments and consultation forms; and
  • technical, usage and interaction data generated through your use of the Platform.

16.2 Ownership of Your Data

You retain ownership of Your Data.

Nothing in these Terms transfers ownership of Your Data to Get Limitless. However, by accessing or using the Platform or Services, you grant Get Limitless a non-exclusive, royalty-free, worldwide licence to access, collect, store, back up, analyse, process, reproduce, transmit and otherwise use Your Data for the purposes set out in these Terms and in accordance with our Privacy Policy.

This licence continues for as long as you maintain an account with us and for a reasonable period thereafter, to the extent required for legal, regulatory, clinical, operational, auditing or dispute-resolution purposes.

16.3 Permitted Uses of Your Data

Get Limitless may use Your Data (and disclose it to third-party service providers acting on our behalf) to:

(a) provide, administer and operate the Platform and Services;

(b) facilitate medical consultations, diagnostics, reports and ongoing care;

(c) prepare summaries, insights, reports or outputs made available to you;

(d) operate, maintain, troubleshoot, secure and improve the Platform and Services;

(e) perform analytics, testing, quality assurance and service optimisation;

(f) comply with legal, regulatory, professional and ethical obligations;

(g) communicate with you regarding your account, Services or support requests; and

(h) send you information, updates or marketing communications in accordance with your communication preferences and applicable laws.

16.4 Data Transmission and System Limitations

You acknowledge and agree that, due to the nature of the internet and electronic communications, the processing and transmission of Your Data may occur over various networks, systems and infrastructure.

While we implement reasonable administrative, technical and organisational safeguards to protect Your Data, you acknowledge that no system is completely secure and that unauthorised access, loss or misuse cannot be entirely prevented.

16.5 Your Responsibilities

You are solely responsible for:

(a) ensuring that Your Data is accurate, complete, current and lawful;

(b) maintaining copies and backups of Your Data on systems or devices controlled by you; and

(c) the integrity and security of Your Data on networks, systems or devices not controlled by Get Limitless.

To the maximum extent permitted by law, Get Limitless is not liable for any loss, corruption or unauthorised access to Your Data outside systems under our reasonable control.

16.6 Anonymised and Aggregated Data

We may create anonymised or aggregated data sets derived from Your Data and your use of the Services, including through aggregation, de-identification or statistical analysis.

Once anonymised, such data:

  • does not identify you; and
  • may be owned by Get Limitless.

We may use anonymised or aggregated data for our own lawful purposes, including to improve the Services, develop new services or offerings, identify trends, conduct research, and publish insights, provided that such data cannot reasonably be used to identify you.

16.7 Data Deletion

Subject to applicable laws, clinical record retention requirements and regulatory obligations, you may request deletion of Your Data by contacting us. We may retain certain information where required or permitted by law.

16.8 Relationship to Privacy Policy

This section should be read together with our Privacy Policy, which sets out further information about how we collect, use, disclose and retain personal and health information.

17. Privacy and Data Retention

17.1 Privacy Compliance

Get Limitless collects, holds, uses and discloses personal information and health information in accordance with:

  • the Privacy Act 1988 (Cth) and the Australian Privacy Principles;
  • applicable State and Territory health records legislation; and
  • our Privacy Policy, as published on the Platform from time to time.

By accessing or using the Services, you acknowledge that your personal and health information will be handled in accordance with these laws and our Privacy Policy.

17.2 Authority to Disclose Information

You must only provide personal information to Get Limitless where you are authorised to do so, including where the information relates to another individual and you have obtained their express consent.

You acknowledge and agree that we may disclose personal and health information to third parties where reasonably necessary to provide the Services, including to:

  • independent medical practitioners;
  • pathology providers and laboratories;
  • partner pharmacies;
  • technology, IT and administrative service providers; and
  • professional advisers,

in each case subject to appropriate confidentiality and privacy obligations.

17.3 Regulatory and Legal Disclosures

Where required by law, regulation, court order or regulatory authority, Get Limitless may be required to disclose personal or health information or to report on its activities.

You acknowledge that we may request additional information from you to meet such requirements, and you agree to provide such information within reasonable timeframes.

17.4 Medical Records and Retention

You acknowledge that we are required to retain certain records, including medical records, reports, consultation notes and test results (Records), in accordance with applicable laws, professional standards and mandatory retention periods.

Records may be held in secure electronic systems during and after the Term, having regard to our statutory and regulatory obligations.

17.5 Access to Records

Subject to applicable laws, you may request access to, or copies of, your Records.

You may also request that your Records be transferred to another health practitioner in accordance with applicable health records legislation.

Requests may be subject to identity verification, reasonable processing timeframes and any permitted fees under applicable law.

17.6 Data Retention and Deletion

Personal and health information is retained only for as long as reasonably necessary to:

  • provide the Services;
  • comply with legal, regulatory and professional obligations;
  • meet clinical record retention requirements; and
  • resolve disputes or enforce our rights.

Where permitted by law, information may be securely deleted or de-identified once it is no longer required.

17.7 Relationship to Privacy Policy

This section should be read together with our Privacy Policy, which provides further detail about how we collect, use, disclose, store and protect personal and health information, and the rights available to you in relation to that information.

18. Limitation of Liability

18.1 Consumer Law Rights

Nothing in these Terms excludes, restricts or modifies any rights or remedies you may have under the Australian Consumer Law or any other applicable legislation that cannot lawfully be excluded or limited.

18.2 Excluded Liability

To the maximum extent permitted by law, Get Limitless will not be liable for, and you release and waive any claim against Get Limitless in respect of, any loss, damage, cost or liability (Liability) arising from or connected with:

(a) your failure to provide complete, accurate and current health, medical or personal information;

(b) your failure to follow any reasonable instructions, recommendations or directions provided by Get Limitless or any third-party medical practitioner, pharmacy or service provider;

(c) any act, omission, decision or clinical judgement of an independent medical practitioner, pathology provider, pharmacy or other third party; or

(d) any event, circumstance or cause outside our reasonable control, including system outages, courier delays, network failures or force majeure events.

18.3 Consequential Loss

Subject to your Consumer Law Rights, neither party will be liable to the other for any indirect, incidental, special or consequential loss, including loss of profit, revenue, opportunity, data or goodwill, whether arising in contract, tort (including negligence), statute or otherwise.

18.4 Proportional Liability

To the extent permitted by law, Get Limitless’s liability for any Liability arising under or in connection with these Terms will be reduced proportionately to the extent that such Liability was caused or contributed to by:

  • your acts or omissions; or
  • the acts or omissions of any third party, including failure to mitigate loss.

18.5 Limitation of Remedies

Where Get Limitless is found to have failed to comply with a consumer guarantee under the Australian Consumer Law, our liability is limited (at our discretion) to:

(a) supplying the relevant Services again; or

(b) paying the cost of having the Services supplied again.

18.6 Liability Cap

Subject to your Consumer Law Rights, Get Limitless’s aggregate liability for any Liability arising out of or in connection with these Terms or the Services is limited to the Fees paid by you to Get Limitless in respect of the specific Services to which the Liability relates.

18.7 Third-Party Services

Get Limitless does not control and is not responsible for the acts or omissions of independent medical practitioners, laboratories, pharmacies, couriers or other third-party service providers. Any liability arising from third-party services rests with those providers to the extent permitted by law.

18.8 Survival

This clause 18 survives termination or expiry of these Terms.

19. Confidential Information

19.1 Definition of Confidential Information

Confidential Information” means any information disclosed by or on behalf of Get Limitless to you (whether before or after acceptance of these Terms), that is not publicly available and that is disclosed in connection with the Platform or Services, including (without limitation):

  • Platform functionality, workflows, processes and architecture;
  • pricing, fees, commercial terms and business models;
  • software, systems, source code (to the extent disclosed), APIs and integrations;
  • intellectual property, trade secrets and proprietary know-how;
  • reports, documentation, policies and internal materials; and
  • any other information that a reasonable person would consider confidential given its nature or the circumstances of disclosure.

Confidential Information may be disclosed orally, visually, electronically or in writing.

19.2 Confidentiality Obligations

You must:

(a) keep all Confidential Information strictly confidential;

(b) not disclose Confidential Information to any third party except as permitted under these Terms or required by law;

(c) take all reasonable steps to protect Confidential Information from unauthorised access, misuse, loss or disclosure;

(d) only disclose Confidential Information to those of your personnel or advisers who have a genuine need to know for the purposes of accessing or using the Services, and who are bound by confidentiality obligations no less restrictive than those in these Terms; and

(e) only use Confidential Information for the purpose of accessing or using the Services in accordance with these Terms.

19.3 Permitted Disclosures

The obligations in clause 19.2 do not apply to Confidential Information that:

(a) is or becomes publicly available other than through a breach of these Terms or another obligation of confidence;

(b) is lawfully received from a third party without restriction on disclosure;

(c) is approved for disclosure in writing by Get Limitless; or

(d) must be disclosed by law, regulation, court order or regulatory authority, provided that (to the extent permitted by law) you give Get Limitless prior notice of the required disclosure and cooperate to limit the scope of disclosure.

19.4 Remedies

You acknowledge that damages alone may not be an adequate remedy for a breach of this clause 19.

Get Limitless is entitled to seek injunctive relief, equitable relief or any other remedies available at law or in equity in respect of any actual or threatened breach of this clause, without the need to prove actual loss.

19.5 Survival

This clause 19 survives termination or expiry of these Terms.

20. Indemnity

20.1 User Indemnity

To the maximum extent permitted by law, you indemnify, defend and hold harmless Get Limitless, its related bodies corporate, officers, employees, contractors and agents (Indemnified Parties) from and against any loss, damage, liability, cost or expense (including reasonable legal fees on a full indemnity basis) arising out of or in connection with any claim, demand, action or proceeding to the extent caused or contributed to by:

(a) your breach of these Terms or any applicable laws or regulations;

(b) your misuse of, or unauthorised access to, the Platform or Services;

(c) any inaccurate, incomplete, misleading or false information provided by you, including health, medical or personal information;

(d) your failure to follow reasonable instructions or directions provided by Get Limitless or any independent medical practitioner, pharmacy or service provider;

(e) any act or omission by you that causes loss or damage to a third party; or

(f) any claim brought by a third party arising from your conduct, use of the Services or reliance on information you provided.

20.2 Third-Party Medical Providers

Without limiting clause 20.1, you indemnify the Indemnified Parties against any claim arising from or in connection with:

  • the acts, omissions, decisions or clinical judgements of independent medical practitioners, pathology providers, pharmacies or other third-party service providers engaged through the Services; and
  • your interactions with, or reliance on, advice, treatment or services provided by those third parties.

20.3 Mitigation and Control

Get Limitless must take reasonable steps to mitigate any loss or damage that is subject to indemnification under this clause.

You must provide reasonable assistance, information and cooperation in relation to any claim or proceeding for which indemnification is sought.

20.4 Relationship to Limitation of Liability

This clause operates subject to, and does not limit, the Limitation of Liability provisions set out in clause 18 and your Consumer Law Rights.

21. General

21.1 Assignment

You must not assign, novate or otherwise deal with any of your rights or obligations under these Terms without the prior written consent of Get Limitless.

Get Limitless may assign, novate or transfer its rights or obligations under these Terms (including any right to receive payment) without your consent.

21.2 Assignment of Debt

You agree that Get Limitless may assign or transfer any debt owed by you under or in connection with these Terms to a debt collector, debt collection agency or other third party.

21.3 Disputes

A party must not commence court proceedings relating to any dispute arising out of or in connection with these Terms (Dispute) unless it has first:

(a) notified the other party of the Dispute; and

(b) met with a representative of the other party within 10 Business Days of that notice in an attempt to resolve the Dispute.

If the Dispute is not resolved, either party may refer the Dispute to mediation administered by the Australian Disputes Centre.

Nothing in this clause prevents a party from seeking urgent interlocutory or injunctive relief.

21.4 Force Majeure

Neither party will be liable for any delay or failure to perform its obligations under these Terms to the extent that delay or failure is caused by an event beyond its reasonable control, including acts of God, natural disasters, pandemics, government actions, system outages, supply chain failures or courier disruptions (Force Majeure Event).

The affected party must:

(a) notify the other party as soon as reasonably practicable of the Force Majeure Event and its impact; and

(b) use reasonable endeavours to minimise the duration and effects of the Force Majeure Event.

If a Force Majeure Event prevents performance of a material obligation for more than 60 days, the unaffected party may terminate these Terms by written notice. This clause does not excuse any obligation to pay amounts already due and payable.

21.5 Severability

If any provision of these Terms is held to be invalid, illegal or unenforceable, that provision is severed and the remaining provisions remain in full force and effect.

21.6 Waiver

A failure or delay by Get Limitless to exercise any right or remedy does not operate as a waiver of that right or remedy, nor does a single or partial exercise preclude further exercise.

21.7 Entire Agreement

These Terms constitute the entire agreement between you and Get Limitless in relation to the Services and supersede all prior agreements, representations, negotiations and communications.

21.8 Governing Law and Jurisdiction

These Terms are governed by the laws of New South Wales, Australia.

Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales and any courts entitled to hear appeals from those courts.

21.9 Relationship of Parties

Nothing in these Terms creates a partnership, joint venture, employment, agency or fiduciary relationship between the parties.

22. Termination, Suspension and Pausing

22.1 Pause Due to Pregnancy or Cancer Diagnosis

If you become pregnant during your Membership, you must notify Get Limitless immediately. Your Membership will be paused and may be resumed at any time once the relevant clinical exclusion no longer applies, by providing written notice to us.

If you are diagnosed with cancer during your Membership, you must notify Get Limitless immediately. In such circumstances:

(a) your Membership may be paused until the relevant clinical exclusion no longer applies; and/or

(b) you may cancel your Membership by providing written notice to us.

Where cancellation occurs and you have paid any Membership Fees upfront, you will be issued a pro-rata refund, having regard to the date of cancellation, the period paid for, and any consultations, diagnostics or medical tests already undertaken.

22.2 Termination by Get Limitless (For Cause or Compliance)

Get Limitless may suspend, pause or terminate your access to the Platform, Services or Membership immediately, with or without notice, if:

(a) you breach these Terms and fail to remedy that breach within a reasonable period (if capable of remedy);

(b) you fail to pay Fees when due;

(c) you no longer meet eligibility, clinical suitability or safety requirements;

(d) continued provision of the Services would pose a health, safety, compliance or regulatory risk;

(e) we are required to do so by law, regulation or a regulatory authority; or

(f) you provide information that is false, misleading or incomplete in a way that impacts clinical safety or compliance.

22.3 Termination for Convenience

Get Limitless may terminate your Membership for convenience by providing 30 days’ written notice to you.

Where Get Limitless terminates your Membership under this clause, we will provide a pro-rata refund of prepaid Membership Fees for the unused portion of the Membership Period.

22.4 Termination by You

You may terminate your Membership by providing written notice to Get Limitless, subject to your Consumer Law Rights.

If you terminate:

(a) before completion of required medical testing:

  • where you paid Membership Fees upfront, we will refund 75% of the unused Membership Fees;
  • where you pay on a monthly or other non-upfront basis, no refund will be provided;

(b) after completion of medical testing, you may not terminate your Membership early, and no refund will be provided, however you will continue to have access to the Services for the remainder of the Membership Period.

22.5 Module Cancellation

You may cancel an individual Module by providing written notice to Get Limitless.

Subject to your Consumer Law Rights:

(a) if you cancel prior to commencement of the Module, we will provide a full refund of the Module Fees;

(b) if you cancel after commencement, no refund will be provided.

You acknowledge and agree that these amounts represent a genuine pre-estimate of loss suffered by Get Limitless as a result of early cancellation.

22.6 Effect of Termination

Upon termination or expiry of these Terms:

(a) your access to the Platform and Services will cease immediately;

(b) all outstanding Fees remain payable;

(c) subject to your Consumer Law Rights, payments made for Services already provided are non-refundable;

(d) you must pay for all Services provided prior to termination, including Services provided but not yet invoiced;

(e) where termination results from your breach, you agree to pay Get Limitless’s reasonable costs incurred as a result (including recovery costs); and

(f) we may retain copies of records and information to the extent required by law or in accordance with our data retention obligations.

22.7 Accrued Rights

Termination or expiry of these Terms does not affect any rights, remedies, obligations or liabilities that have accrued prior to termination.

25. Notices and Electronic Communications

25.1 Consent to Electronic Communications

You consent to receiving all communications, notices, disclosures, records and documents from Get Limitless electronically, including via email, the Platform, SMS or other digital means used by us from time to time.

You agree that electronic communications satisfy any legal requirement that such communications be in writing and are deemed to be valid, effective and enforceable.

25.2 Delivery of Notices

A notice or communication from Get Limitless to you is deemed received:

(a) if sent by email, at the time the email is sent to the most recent email address provided by you (unless we receive an automated notice of delivery failure);

(b) if delivered via the Platform, at the time the notice is published or made available to you through your account; or

(c) if sent by any other electronic means, at the time of transmission.

25.3 User Contact Details

You are responsible for ensuring that your contact details, including your email address, remain accurate and up to date at all times.

Get Limitless is not responsible for any failure by you to receive a notice or communication due to outdated or incorrect contact details, spam filtering, security settings or technical issues beyond our reasonable control.

25.4 Requests and Notices to Get Limitless

Any notice or communication required to be given to Get Limitless under these Terms must be provided in writing via the contact details made available on the Platform, unless otherwise specified.