Terms of service

Terms of Service

Apex Vitality — Terms & Conditions

Issued by: Vitalis 3.0 Pty Ltd
ABN: 36 688 866 113
Trading as: Apex Vitality
Effective date: 7 July 2026

 

 

1. Introduction and acceptance

These Terms & Conditions (“Terms”) govern your access to and use of Apex Vitality’s website, online store, client portal, telehealth services, clinical programs, memberships, diagnostic services, biomarker panels, Performance Tools, products, subscriptions, digital content, and related services (“Services”).

By accessing our website, purchasing a product or service, creating an account, participating in a consultation, using the client portal, or otherwise engaging with Apex Vitality, you agree to be bound by these Terms, our Privacy Policy, Telehealth Terms of Service, Clinical Disclaimer, Consent / Patient Information, Refunds / Cancellations Policy, and any service-specific terms disclosed at the time of purchase.

If you do not agree to these Terms, you must not use our Services.

 

 

2. About Apex Vitality

Apex Vitality is the trading name of Vitalis 3.0 Pty Ltd, an Australian company providing clinically governed health, performance, diagnostics, telehealth, pathway, and eCommerce services.

Apex Vitality operates through structured assessment-led services, including Vitalmap™, Apex Blueprint™, Strategy Consultation, focused pathways, Apex Continuity, biomarker panels, Performance Tools, support products, and related digital or clinical services.

Registered address:
Level 35, 477 Collins Street
Melbourne VIC 3000
Australia

Email: support@apexvitality.com.au

 

 

3. Eligibility and use

You must be at least 18 years of age to use Apex Vitality Services.

By using our Services, you confirm that you:

  • are at least 18 years old; 

  • provide accurate, current, and complete information; 

  • will update us if your health status, medications, symptoms, or circumstances change; 

  • will use our Services only for lawful purposes; 

  • will not misuse, disrupt, or attempt to gain unauthorised access to any Apex system, portal, account, or technology. 

We may refuse, suspend, restrict, or terminate access where we believe there has been misuse, inaccurate information, safety concern, non-payment, breach of these Terms, or any other concern affecting clients, clinicians, practitioners, staff, partners, or platform integrity.

 

 

4. Nature of Apex Vitality Services

4.1 No emergency care

Apex Vitality does not provide emergency medical care, urgent care, crisis care, or acute medical management.

If you require urgent medical attention, you should call emergency services, attend an emergency department, or contact your GP, specialist, or urgent care provider as appropriate.

4.2 Assessment-led and eligibility-based services

Apex Vitality services are assessment-led and eligibility-based.

Recommendations, pathway access, advanced options, prescribing, referrals, Performance Tools, supplements, and progression decisions depend on information available at the time, including your health history, symptoms, goals, diagnostic results, suitability, safety considerations, regulatory requirements, professional judgement, and clinical context.

No service, pathway, product, Performance Tool, prescription, treatment, result, outcome, or eligibility decision is guaranteed.

4.3 Not a replacement for primary care

Apex Vitality is designed to complement, not replace, your GP, specialist, emergency provider, allied health provider, pharmacist, or existing healthcare team.

You should continue to seek appropriate medical care from your usual healthcare providers, particularly if you have symptoms, abnormal results, complex health issues, medication concerns, or urgent medical needs.

 

 

5. Vitalmap™, Blueprint™, pathways, and progression

5.1 Vitalmap™

Vitalmap™ is the diagnostic foundation of the Apex system. It is designed to provide structured baseline clarity and help determine appropriate next-step options.

Vitalmap™ may inform whether the next step is:

  • no immediate action; 

  • a focused Apex pathway; 

  • Apex Blueprint™; 

  • further review; 

  • referral to another provider; 

  • Apex Continuity; 

  • Performance Tools where appropriate; 

  • another suitable next step. 

Vitalmap™ does not guarantee pathway activation, prescribing, treatment, advanced options, or eligibility.

5.2 Apex Blueprint™

Apex Blueprint™ includes the Vitalmap™ foundation and extends it into interpretation, strategic synthesis, priority mapping, sequencing, and roadmap design.

Blueprint™ is not required for every client. It may be appropriate where broader strategy, multiple drivers, complexity, therapeutic considerations, or coordinated decision-making are required.

5.3 Focused pathways

Focused pathways are goal-specific Apex engagements. Each begins with Vitalmap™ and activates only where findings, suitability, review, and clinical context support progression.

If a pathway is not suitable after review, the pathway component may not be activated. The Vitalmap™ component is retained for services delivered, and any remaining eligible balance may be refunded or credited according to program terms, service-specific terms, and applicable law.

5.4 Coaching and advanced progression

Coaching, advanced options, personalised tools, prescribing, compounded products, therapeutic interventions, and ongoing clinical support are not automatically included in any purchase unless expressly stated.

Access is determined by suitability, assessment, eligibility, safety, professional judgement, regulatory requirements, and program terms.

 

 

6. Strategy Consultation

The Apex Strategy Consultation is a paid consultation designed to help determine the most appropriate starting point within the Apex system.

It may help clarify whether Vitalmap™, Blueprint™, a focused pathway, further review, referral, Performance Tools, or no immediate next step is most appropriate.

The Strategy Consultation:

  • does not replace Vitalmap™; 

  • does not include diagnostic assessment unless expressly stated; 

  • is not a treatment or prescribing consultation; 

  • is not emergency or urgent medical care; 

  • does not guarantee pathway eligibility, prescribing, advanced options, or product access. 

Where applicable, your Strategy Consultation fee may become Apex Credit and may be applied toward eligible Apex services or approved Performance Tools, subject to suitability, availability, expiry, program terms, and any terms disclosed at the time of purchase.

Apex Credit is not redeemable for cash unless required by law.

 

 

7. Biomarker panels and diagnostic data products

Apex biomarker panels are private pathology and data products designed to provide official laboratory results and a high-level Apex Biomarker Summary.

Unless expressly stated, biomarker panels:

  • are not diagnostic consultations; 

  • do not include full medical history assessment; 

  • do not include physical examination; 

  • do not diagnose medical conditions; 

  • do not provide treatment advice; 

  • do not change medications; 

  • do not confirm eligibility for Apex pathways, prescribing, Performance Tools, supplements, or advanced options; 

  • do not replace GP, specialist, or other healthcare provider care. 

If you have symptoms, abnormal results, complex medical history, medication concerns, or health concerns, you should discuss your results with your GP, specialist, or appropriately qualified healthcare professional.

Turnaround times, pathology availability, collection locations, and report timing may vary and may depend on third-party providers.

 

 

8. Performance Tools, products, and support products

Apex may offer Performance Tools, supplements, nutrition products, skincare, tracking tools, digital products, and other support products.

Some basic tools and products may be available directly. Advanced, personalised, prescription-related, compounded, clinically guided, or eligibility-based options may require assessment, review, suitability confirmation, and professional judgement.

Product descriptions are provided for general information and should not be treated as personal medical advice.

You should use all products as directed and seek advice from your GP, pharmacist, clinician, specialist, or other appropriate provider before starting any new supplement, medicine, device, or health product, particularly if you have medical conditions, take medication, are pregnant, are trying to conceive, or have allergies or sensitivities.

Apex does not guarantee that any product will produce a particular outcome.

 

 

9. Telehealth services

Apex services may be delivered by telehealth where appropriate.

By using telehealth services, you acknowledge that:

  • telehealth may not be suitable for all conditions or circumstances; 

  • technical issues, connectivity issues, or platform limitations may occur; 

  • clinical decisions are based on the information available at the time; 

  • in-person assessment, pathology, imaging, GP review, specialist review, allied health review, or emergency care may be required; 

  • telehealth is not suitable for emergencies. 

Telehealth services may be provided by Apex clinicians, practitioner partners, or independent health practitioners using or interacting with the Apex platform.

Where services are provided by independent practitioners, those practitioners remain responsible for their own professional judgement, registration, obligations, and clinical decisions.

 

 

10. Practitioner partners and third-party providers

Apex may work with practitioner partners, pathology providers, pharmacists, laboratories, platform providers, fulfilment providers, payment providers, and other third parties.

Where third parties provide services, products, pathology, fulfilment, payment processing, or clinical services, additional terms may apply.

Apex may act as a facilitator, platform, referrer, coordinator, or service provider depending on the service.

Clinical responsibility remains with the treating practitioner or relevant healthcare professional where applicable.

 

 

11. Apex Continuity, memberships, and subscriptions

11.1 Apex Continuity

Apex Continuity is the ongoing membership layer of the Apex system. It is designed to support review rhythm, ongoing visibility, and access to selected member benefits after an initial engagement.

Membership benefits may include access to education, communication, review rhythm, member pricing, priority access, Vitalmap™ Refresh opportunities, or other benefits disclosed at the time of subscription.

Apex Continuity does not guarantee treatment, prescribing, advanced options, pathway access, Performance Tool access, or clinical eligibility.

11.2 Subscription billing

Where you purchase a subscription, you authorise recurring billing at the price, frequency, and terms disclosed at checkout.

Subscription prices, inclusions, benefits, and eligibility may change with reasonable notice.

You are responsible for maintaining valid payment details.

If payment fails, access may be suspended, restricted, or cancelled.

11.3 Cancellation

You may cancel a subscription according to the cancellation process disclosed at purchase or within your account where available.

Unless otherwise required by law, cancellation takes effect at the end of the current paid billing period, and fees already paid are generally not refundable for change of mind or unused time.

11.4 Member pricing

Active members may receive preferred pricing on eligible products, Performance Tools, services, renewals, or engagements.

Member pricing:

  • applies only to eligible products or services; 

  • may change over time; 

  • may require active membership at the time of purchase; 

  • may require a code, account login, customer tag, or other verification; 

  • does not guarantee clinical suitability, pathway activation, prescribing, advanced options, or product access. 

 

 

12. Payments, pricing, and checkout

All prices are listed in Australian dollars unless stated otherwise.

Prices may change without notice, except where you have already completed a purchase and received confirmation.

Payment must be received before access to paid Services, products, consultations, subscriptions, digital content, or clinical engagements is granted.

Payments may be processed through Shopify, payment gateways, subscription providers, or other third-party payment providers. Their terms and privacy practices may also apply.

We may refuse or cancel an order where pricing, product availability, eligibility, safety, regulatory, payment, or operational concerns arise.

 

 

13. Refunds, cancellations, and Apex Credit

Refunds and cancellations are handled according to:

  • Australian Consumer Law; 

  • the specific refund, cancellation, or credit terms disclosed at purchase; 

  • the nature of the product or service purchased; 

  • whether services have already been rendered; 

  • whether pathway activation occurred; 

  • suitability, clinical review, and program terms. 

Nothing in these Terms limits or excludes rights that cannot be excluded under Australian Consumer Law.

Clinical services, consultations, assessments, interpretation, digital services, and work already performed are generally non-refundable except where required by law.

Where a pathway, advanced option, or product component is not activated due to suitability, safety, availability, or clinical review, an eligible balance may be refunded or credited according to program terms.

Apex Credit may be applied only to eligible Apex services or approved Performance Tools, subject to program terms, availability, suitability, expiry, and any conditions disclosed at the time of issue.

Apex Credit is not transferable and is not redeemable for cash unless required by law.

 

 

14. Appointments, scheduling, and participation

You are responsible for booking, attending, and participating in consultations, onboarding, pathology collection, follow-ups, and program activities as required.

If you miss an appointment, fail to provide requested information, delay pathology collection, or do not complete onboarding requirements, your service may be delayed, rescheduled, restricted, or treated according to the applicable cancellation policy.

You must provide accurate health history, medication information, symptoms, goals, relevant records, and updates to support safe and appropriate review.

Apex is not responsible for delays caused by incomplete information, missed appointments, third-party pathology delays, failed payments, non-response, or failure to follow instructions.

 

 

15. Health information, privacy, and consent

Your use of Apex Services may involve collection, use, storage, and disclosure of personal information and health information.

Apex handles personal and health information according to our Privacy Policy, consent processes, applicable privacy law, and health-information obligations.

By using Apex Services, you consent to the collection and use of relevant information for purposes including onboarding, service delivery, clinical review, pathway support, pathology coordination, payment processing, communication, safety, compliance, quality improvement, and operational administration.

You are responsible for ensuring that information you provide is accurate and complete.

 

 

16. Product availability, fulfilment, and shipping

Product availability, pricing, shipping, fulfilment, and delivery times may vary.

Some products may be digital, service-based, pathology-related, subscription-based, or subject to eligibility rather than physical shipping.

Where physical products are supplied, shipping times are estimates only and may be affected by third-party carriers, stock availability, address errors, weather, operational issues, or events outside our control.

Where a product is unavailable, discontinued, unsuitable, or restricted, we may offer a substitute, credit, refund, delay, or alternative option where appropriate and in accordance with applicable law.

 

 

17. Intellectual property

All Apex Vitality content, branding, trademarks, product names, service names, designs, frameworks, pathway models, clinical systems, digital content, written materials, videos, images, diagrams, software, platform content, and other intellectual property are owned by or licensed to Apex Vitality.

You must not copy, reproduce, distribute, modify, scrape, reverse-engineer, sell, publish, exploit, or use Apex materials without written permission.

You may use materials provided to you only for your personal use within the relevant Apex engagement.

 

 

18. User conduct

You agree not to:

  • misuse Apex Services; 

  • provide false, misleading, incomplete, or unlawful information; 

  • impersonate another person; 

  • upload harmful, unlawful, or infringing material; 

  • interfere with website, portal, payment, or platform functionality; 

  • attempt unauthorised access to systems or data; 

  • harass, abuse, threaten, or mistreat staff, clinicians, practitioners, partners, or other users; 

  • use Apex Services for unlawful, fraudulent, commercial resale, or unauthorised purposes. 

We may restrict or terminate access where this section is breached.

 

 

19. Disclaimers and limitation of liability

To the maximum extent permitted by law:

  • Apex Services are provided on an “as available” basis; 

  • no specific health, performance, aesthetic, weight, metabolic, hormonal, sleep, recovery, sexual health, hair, skin, or other outcome is guaranteed; 

  • access to pathways, prescribing, products, Performance Tools, coaching, and advanced options is not guaranteed; 

  • we do not guarantee uninterrupted access to websites, portals, telehealth, digital tools, or third-party platforms; 

  • Apex is not liable for indirect, incidental, special, consequential, or economic loss arising from use of the Services. 

Nothing in these Terms excludes, restricts, or modifies rights, guarantees, remedies, or obligations that cannot be excluded under Australian Consumer Law or other applicable law.

Where liability cannot be excluded, our liability is limited to the maximum extent permitted by law.

 

 

20. Third-party links, platforms, and services

Our website or Services may link to or integrate with third-party websites, payment providers, pathology providers, logistics providers, booking tools, telehealth platforms, content platforms, or other systems.

We are not responsible for third-party content, availability, privacy practices, errors, delays, outages, decisions, or terms.

Your use of third-party services may be subject to their separate terms and policies.

 

 

21. Termination

We may suspend or terminate your access to Services where:

  • you breach these Terms; 

  • you fail to pay amounts owed; 

  • you provide inaccurate or incomplete information; 

  • there is a safety, clinical, operational, regulatory, or legal concern; 

  • you misuse the platform or Services; 

  • we are required to do so by law or regulation. 

Termination does not affect accrued rights, payment obligations, refund rights, confidentiality obligations, intellectual property rights, or terms intended to continue after termination.

 

 

22. Changes to Services and Terms

We may update, modify, suspend, or discontinue any Service, product, membership, pathway, pricing, inclusion, benefit, or term from time to time.

We may update these Terms by posting the revised version on our website or otherwise notifying you where appropriate.

Your continued use of Apex Services after updated Terms take effect constitutes acceptance of those updated Terms.

 

 

23. Governing law

These Terms are governed by the laws of Victoria, Australia.

You submit to the exclusive jurisdiction of the courts of Victoria, Australia, except where applicable law provides otherwise.

 

 

24. Contact

For questions about these Terms, contact:

Vitalis 3.0 Pty Ltd
Trading as Apex Vitality
Level 35, 477 Collins Street
Melbourne VIC 3000
Australia

Email: support@apexvitality.com.au