Terms of Service

Last updated: 14 February 2026

1. Acceptance of Terms

By creating an account and using Phoenix Health services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use our services. These Terms form a binding agreement between you and Phoenix Health Pty Ltd (ABN XX XXX XXX XXX) ("Phoenix Health", "we", "us", "our").

2. Description of Services

Phoenix Health provides personalised health optimisation services including, but not limited to, health screenings, health metric analysis, bespoke health plans, appointment scheduling, health document management, and ongoing wellness monitoring through our digital platform. Our services are delivered by registered healthcare professionals in accordance with Australian health practitioner regulation.

3. Eligibility

You must be at least 18 years of age and a resident of Australia to use our services. By registering, you represent and warrant that you meet these eligibility requirements. We reserve the right to verify your identity and eligibility at any time.

4. Account Responsibilities

• You are responsible for maintaining the confidentiality of your login credentials, including your password and any two-factor authentication codes.
• You agree to provide accurate, current, and complete information during registration and to update your information as necessary.
• You must notify us immediately of any unauthorised use of your account by contacting our team.
• You are responsible for all activities that occur under your account.
• You must not share your account credentials with any other person.

5. Medical Disclaimer

Phoenix Health services are intended to support and complement, not replace, the relationship between you and your primary healthcare provider. Our services do not constitute emergency medical care. In a medical emergency, call 000 immediately.

Our recommendations, health plans, and health metric analyses are based on the information you provide and available clinical evidence. They are provided by qualified health practitioners but do not replace independent medical diagnosis. You should always consult your general practitioner or specialist before making changes to your health regimen based on information from our platform.

6. Informed Consent for Health Services

By using our health services, you acknowledge that you have been provided with sufficient information about the nature, purpose, risks, and alternatives to the services being provided. You consent to the collection and use of your health information for the purposes described in our Privacy Policy.

You may withdraw your consent for non-essential services at any time. Withdrawal of consent may affect our ability to provide certain services to you.

7. Fees and Payment

Service fees are outlined at the time of booking. Payment is due at the time of service unless otherwise arranged. We accept major credit cards, direct debit, and health fund claims where applicable.

Where services are eligible for Medicare or private health insurance rebates, we will provide the necessary documentation. Responsibility for submitting claims lies with you unless we have agreed to process claims on your behalf.

All fees are quoted in Australian dollars (AUD) and are inclusive of GST where applicable.

8. Cancellation Policy

Appointments cancelled with less than 24 hours notice may incur a cancellation fee, which will be communicated to you at the time of booking. You may cancel or reschedule appointments through your client dashboard or by contacting our team directly.

We reserve the right to cancel or reschedule appointments due to practitioner unavailability, technical issues, or other circumstances beyond our control. In such cases, no cancellation fee will apply.

9. Privacy and Data Handling

Your personal and health information is handled in accordance with our Privacy Policy, the Privacy Act 1988 (Cth), the Health Records Act 2001 (Vic), and the Notifiable Data Breaches scheme. By using our services, you acknowledge that you have read and understood our Privacy Policy.

You have the right to access, correct, and request deletion of your personal information, and to lodge a complaint about our handling of your information. See our Privacy Policy for full details.

10. AI-Assisted Features

Certain features of our platform use artificial intelligence to assist healthcare providers in extracting health metrics from uploaded documents (such as pathology reports, lab results, and medical records). By using these features, you acknowledge and agree that:

• AI output requires verification: AI-generated results may contain errors, omissions, or inaccuracies. All AI-extracted data is subject to mandatory review and approval by a qualified healthcare provider before being saved to your health record. AI output is never automatically committed.
• De-identification of documents: All personally identifiable information (including names, dates of birth, contact details, Medicare numbers, and addresses) is automatically removed from uploaded documents before they are processed by AI. You consent to this de-identification and AI processing of uploaded health documents when using the import feature.
• Third-party AI processing: De-identified data is processed by our AI provider (OpenAI) under a Data Processing Addendum that prohibits the use of submitted data for AI model training. No personal information is included in data sent to AI services.
• Document handling: Source documents uploaded for AI processing are stored temporarily and are purged immediately after processing, with a hard maximum retention of 24 hours. Only the extracted metric values are retained in your health record.
• Fallback processing: If AI services are unavailable, the system uses deterministic text parsing that operates entirely within our own infrastructure, with no data sent to any third party.
• Clinical responsibility: The healthcare provider who reviews and approves AI-extracted data bears clinical responsibility for the accuracy of the values saved to your health record. Phoenix Health does not guarantee the accuracy of AI-generated output.

11. Electronic Communications

By providing your email address and phone number, you consent to receiving service-related communications (appointment reminders, health updates, account notifications) via email and SMS. These are not commercial messages under the Spam Act 2003 (Cth).

Marketing and promotional communications will only be sent with your separate, explicit consent and will always include a functional unsubscribe mechanism. You may opt out of marketing communications at any time without affecting your access to our health services.

12. Intellectual Property

All content on the Phoenix Health platform, including health plans, educational materials, reports, software, and design elements, is owned by Phoenix Health Pty Ltd and protected by the Copyright Act 1968 (Cth). You may not reproduce, distribute, or create derivative works without our prior written consent.

You retain ownership of your personal and health information. We are granted a licence to use this information solely for the purposes described in our Privacy Policy.

13. Australian Consumer Law Guarantees

Our services come with guarantees that cannot be excluded under the Australian Consumer Law (ACL), including that services will be provided with due care and skill and will be reasonably fit for the purpose for which they are supplied.

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred on you by the ACL or any other applicable law that cannot be excluded, restricted, or modified by agreement.

If our services fail to meet a consumer guarantee, you may be entitled to a remedy under the ACL, including a refund or compensation for reasonably foreseeable loss.

14. Limitation of Liability

Subject to Section 13 (Australian Consumer Law Guarantees), and to the maximum extent permitted by law:

• Phoenix Health shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of our services.
• Our total aggregate liability for any claim arising from or relating to these Terms shall not exceed the fees paid by you in the 12 months preceding the claim.
• We are not liable for any loss or damage arising from circumstances beyond our reasonable control, including internet or telecommunications failures, third-party service outages, or force majeure events.

15. Termination & Account Deletion

You may terminate your account at any time by contacting us or using the account deletion feature in your dashboard settings. Upon termination:

• We will cease providing services to you.
• You may request a copy of your health records before deletion (HPP 11 / APP 12).
• We will retain health records for the minimum period required by law (see our Privacy Policy, Section 9).
• Non-essential personal data will be deleted or de-identified within a reasonable timeframe.

We may suspend or terminate your account if you breach these Terms, if we are required to do so by law, or if we cease providing services.

16. Dispute Resolution

If a dispute arises between you and Phoenix Health:

• Step 1 — Internal Resolution: Contact us at legal@phoenixhealth.com.au. We will endeavour to resolve your complaint within 30 days.
• Step 2 — External Resolution: If the dispute is not resolved, you may refer the matter to the Health Complaints Commissioner Victoria (for health service complaints) or the OAIC (for privacy complaints).
• Step 3 — Tribunal/Court: If the dispute remains unresolved, either party may refer the matter to the Victorian Civil and Administrative Tribunal (VCAT) or a court of competent jurisdiction.

Nothing in this section prevents you from seeking urgent interim relief from a court.

17. Governing Law & Jurisdiction

These Terms are governed by the laws of the State of Victoria, Australia. Any disputes arising under these Terms shall be subject to the non-exclusive jurisdiction of the courts of Victoria and the Federal Court of Australia.

18. Changes to Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated via email and through a notification on the platform at least 14 days before they take effect. Continued use of our services after the effective date constitutes acceptance of the updated Terms.

The latest version of these Terms is always available at /legal/terms-of-service.

19. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

20. Contact

For questions about these Terms, contact us at:

• Email: legal@phoenixhealth.com.au
• Phone: 1300 PHOENIX (1300 743 649)
• Post: Phoenix Health Pty Ltd, Melbourne VIC 3000