Terms of Service

1. Acceptance of Terms

By accessing or using the website, mobile application, telehealth platform, or any other services provided by Lilith Elemental Pty Ltd (referred to as "we", "us", or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must not access or use our services.

These Terms constitute a legally binding agreement between you and Lilith Elemental Pty Ltd. We reserve the right to update or modify these Terms at any time, and your continued use of our services following any changes constitutes your acceptance of the revised Terms.

2. About Our Service

Lilith Elemental Pty Ltd operates a telehealth clinic providing medical consultations and individually assessed treatment plans through telehealth consultations, clinical assessment, and where clinically appropriate, pharmaceutical preparation and delivery across Australia.

All clinical services are delivered by qualified medical practitioners registered with the Australian Health Practitioner Regulation Agency (AHPRA). Prescriptions are fulfilled through Australian pharmacies that prepare medicines in accordance with Therapeutic Goods Administration (TGA) regulations and the Therapeutic Goods Act 1989 (Cth).

Our services are intended to complement, not replace, the care provided by your regular general practitioner or specialist. We strongly recommend maintaining an ongoing relationship with your primary healthcare provider and informing them of any treatments commenced through our platform.

3. Eligibility

To use our services, you must:

• Be at least 18 years of age;
• Be a current resident of Australia with a valid Australian address for delivery;
• Provide accurate, complete, and current information during registration and throughout your use of our services;
• Not use our services for any unlawful purpose or in any manner inconsistent with these Terms.

Our services are not a substitute for emergency medical care. If you are experiencing a medical emergency, please call 000 or attend your nearest hospital emergency department immediately. Our platform is not designed or equipped to manage acute or life-threatening medical conditions.

4. Telehealth Consultations

Consultations are conducted via video call or telephone by AHPRA-registered medical practitioners. By booking a consultation, you consent to receiving healthcare services through electronic communication.

You acknowledge and agree that:

• A telehealth consultation does not guarantee a prescription or any specific treatment outcome;
• The prescribing practitioner exercises independent clinical judgement and may decline to prescribe if they determine treatment is not appropriate for you;
• You will provide honest, accurate, and complete information regarding your medical history, current medications, allergies, and any other information requested by the practitioner;
• You are responsible for ensuring a suitable, private, and distraction-free environment for the duration of your consultation;
• Technical issues including internet connectivity, audio, or video quality may affect the consultation, and we are not liable for disruptions outside our reasonable control.

We may require pathology results, health questionnaires, or other clinical information before or after your consultation. Failure to provide requested information may result in your consultation being postponed or your treatment being paused.

5. Prescriptions & Preparation

Where a practitioner determines that treatment is clinically appropriate, a prescription will be issued and forwarded to an Australian-based licensed pharmacy that operates in compliance with TGA regulations, state and territory pharmacy legislation, and the Professional Practice Standards set by the Pharmacy Board of Australia.

You acknowledge and agree that:

• Individually prepared medicines are individually formulated to your practitioner's specifications and are not standard mass-produced pharmaceutical products;
• Due to their personalised nature, individually prepared medicines may have different characteristics (appearance, texture, or packaging) compared to commercially manufactured products;
• You will follow all storage instructions provided with your medicine, including temperature requirements, to maintain efficacy and safety;
• You will not share, transfer, sell, or distribute your prescribed medicines to any other person under any circumstances;
• You will use your prescribed medicines strictly in accordance with the directions provided by your prescribing practitioner.

6. Delivery

We arrange delivery of individually prepared medicines Australia-wide through approved courier and postal services. Where clinically required, medicines will be shipped using temperature-controlled packaging to maintain product integrity.

You acknowledge and agree that:

• You are responsible for providing a correct and complete delivery address and for being available to receive your delivery;
• Once a package has been delivered to the nominated address or signed for by any person at that address, responsibility for the goods passes to you;
• Delivery timeframes are estimates only and may be affected by factors outside our control, including public holidays, weather events, or carrier delays;
• You must inspect your delivery promptly upon receipt and contact us within 48 hours if the package appears damaged, tampered with, or incorrect;
• Medicines that require refrigeration must be stored appropriately immediately upon receipt.

7. Payment & Refunds

Payment is required at the time of order placement. All prices are displayed in Australian dollars (AUD) and are inclusive of GST where applicable. We accept payment via the methods displayed on our platform at the time of purchase.

Due to the personalised nature of individually prepared medicines, refunds are limited. Our refund policy is as follows:

• Individually prepared medicines cannot be returned or refunded once dispensed, except where the product is defective, incorrectly dispensed, or damaged in transit;
• Consultation fees are non-refundable once the consultation has been completed;
• If a consultation is cancelled by us or a practitioner is unavailable, you will receive a full refund or the option to reschedule at no additional cost;
• Refund requests must be submitted in writing to [email protected] within 14 days of the relevant transaction;
• We reserve the right to assess refund requests on a case-by-case basis and may request supporting evidence (such as photographs of damaged goods).

Except as required under Australian Consumer Law, including where goods are faulty, not fit for purpose, or do not match their description, the refund limitations above apply. Nothing in this section excludes, restricts, or modifies your rights under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable consumer protection legislation.

8. Privacy

We collect, use, store, and disclose your personal and health information in accordance with our Privacy Policy, the Privacy Act 1988 (Cth), and the Australian Privacy Principles. Health information collected during consultations is also subject to applicable state and territory health records legislation.

By using our services, you consent to the collection and handling of your information as described in our Privacy Policy. We take all reasonable steps to protect the security of your personal and health information, including encryption of data in transit and at rest.

9. Intellectual Property

All content on our website and platform, including but not limited to text, graphics, logos, images, software, and the design and layout of our platform, is the property of Lilith Elemental Pty Ltd or its licensors and is protected by Australian and international copyright, trademark, and intellectual property laws.

You may not reproduce, distribute, modify, create derivative works from, publicly display, or commercially exploit any content from our platform without our prior written consent.

10. Limitation of Liability

To the maximum extent permitted by law, Lilith Elemental Pty Ltd, its directors, officers, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of our services, including but not limited to:

• Any adverse reaction, side effect, or health outcome resulting from prescribed treatments, where treatment was delivered in accordance with accepted clinical standards;
• Loss or damage arising from your failure to follow prescribed treatment instructions, storage requirements, or practitioner advice;
• Delivery delays, losses, or damage caused by third-party courier or postal services;
• Technical failures, service interruptions, or data loss on our platform;
• Any loss of profits, revenue, data, or business opportunity.

To the extent permitted by law, the limitations above apply. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under Australian law, including liability for death or personal injury caused by negligence, fraud, or any non-excludable guarantees under the Australian Consumer Law. Nothing in this clause excludes liability for failure to exercise reasonable care and skill in providing medical services.

11. Indemnity

You agree to indemnify and hold harmless Lilith Elemental Pty Ltd against any claims arising directly from your deliberate fraud or wilful misrepresentation. This indemnity does not apply to the extent that any claim arises from our own negligence. Nothing in this clause limits your rights under the Australian Consumer Law.

12. Changes to Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated by updating the "Last updated" date at the top of this page and, where practicable, by notifying you via email or through our platform.

Your continued use of our services after any modification to these Terms constitutes your acceptance of the updated Terms. If you do not agree with the changes, you must discontinue your use of our services immediately.

We recommend reviewing these Terms periodically to stay informed of any updates.

13. Telehealth Platform Disclosures

In addition to the consultation terms in section 4, the following disclosures apply to our telehealth platform and data practices:

Identity Verification

We are required to verify your identity before providing clinical services. You must provide accurate identifying information including your full legal name, date of birth, and a valid Australian address. We may request additional identity verification at any time. Providing false or misleading identity information may result in immediate termination of your access to our services.

Data Storage and Handling

Your personal and health information is stored on secure servers, which may be located in Australia or overseas (including the United States or the European Union) through third-party cloud service providers. We take all reasonable steps to ensure your information is protected in accordance with the Privacy Act 1988 (Cth) and our Privacy Policy. Clinical records are retained for a minimum of 7 years as required by Australian health records legislation.

Platform Limitations

Our telehealth platform operates via video call and telephone and is subject to the limitations inherent in electronic communication, including but not limited to: internet connectivity issues, software or hardware failures, and cyber security risks. We are not liable for service interruptions caused by factors outside our reasonable control. If a technical failure prevents your consultation from proceeding, we will arrange an alternative appointment at no additional cost.

14. Contact Information

If you have any questions, concerns, or complaints regarding these Terms of Service, please contact us:

• Lilith Elemental Pty Ltd
• [email protected]

These Terms are governed by the laws of New South Wales, Australia. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of New South Wales, Australia.