Terms and Conditions


Effective: 30 August 2025


Welcome to digisleep!

Thank you for visiting us. If you require immediate medical attention, call 000 or attend your nearest hospital emergency department for urgent treatment.

Please ensure that you have carefully read these Terms and Conditions (Terms), which includes our Privacy Policy, as amended from time to time.

In these Terms, when we refer to “we”, “us or “our”, we mean Digisleep Pty Ltd (ABN 63 686 944 589).

Contents

1. Who we are
2. Your acceptance of these Terms
3. Our Services
4. Sleep Experts and Sleep Services
5. Your obligations and warranties
6. Home Sleep Tests
7. Prices and payment
8. Limitation of liability
9. Indemnity
10. Denial of access
11. Intellectual property
12. General
13. Definitions
14. Interpretation

1. Who we are

We, together with our related bodies corporate, operate an online platform (Platform) with a mission to promote better sleep health for Australians.

The Platform includes, but is not limited to, the website (digisleep.com.au) (Website), and any other websites or applications (whether owned and/or operated by us, our related bodies corporate, or third parties) by or through which we deliver the Services to you, directly or indirectly.

A reference to the Platform in these Terms means the Platform as a whole or any part of the Platform.

2. Your acceptance of these Terms

Your access to, and use of, the Platform is conditional on your acceptance of these Terms.

By using the Platform, our Services (including placing an order for any Home Sleep Test), or receiving Sleep Services from a Sleep Expert, and in exchange for us giving you access to the Platform, you warrant that you agree to these Terms.

If you agree to these Terms, these Terms apply between you and us as a binding contract.

If at any point you do not agree to these Terms, you must immediately cease using the Platform.

3. Our Services

Our Services to you constitute providing you with access to, and use, of the Platform.

Through the Platform, we enable you to arrange and receive Sleep Services from Sleep Experts. This includes:

  • enabling you to arrange appointments with Sleep Experts; and

  • facilitating Communications between you and Sleep Experts.

You can also use the Platform to order Home Sleep Tests.

4. Sleep Experts and Sleep Services

Sleep Experts use the Platform to provide Sleep Services, and can include:

  • health practitioners registered with the Australian Health Practitioner Regulation Agency, for example: medical practitioners (including specialists such as sleep and respiratory medicine physicians) and psychologists; and

  • allied health workers, clinical researchers, scientists, and technologists.

Sleep Services means services in relation to sleep health as well as related or overlapping fields, such as such as respiration, mental health, and diet. Any Communication with a Sleep Expert is a Sleep Service. Sleep Services also include, without limitation, providing diagnoses, consultations (including but not limited to the provision of medical or psychological advice), treatments and therapies, as well as writing prescriptions and referrals.

Communication means any communication (including consultation) or transfer of information between you and a Sleep Expert. Communications are, typically, synchronous (real-time) face-to-face consultations via two-way video conference. However, for the avoidance of doubt, Communications need not be synchronous, face-to-face or two-way, and include without limitation, phone calls, emails, and remote patient monitoring.

Sleep Experts are independent providers and use the Platform as sole traders. They are not our employees, independent contractors, agents, legal partners, joint venturers, or authorised representatives.

When you receive Sleep Services from a Sleep Expert you are creating between you and that Sleep Expert a direct contractual relationship to which we are not a party

You acknowledge that Sleep Experts have the discretion to accept or reject to engage in Communications with you. We do not guarantee the availability or willingness of any Sleep Expert to engage in Communications with you.

5. Your obligations and warranties

By accessing and using the Platform and our Services you agree to the following obligations and warranties.

Privacy Policy

You warrant that you have read, understood and agree to the Privacy Policy, which is available here and forms a part of these Terms.

Australia only

You warrant that you will only access and use the Platform and our Services when you are in Australia.

You warrant that you will only receive Sleep Services from a Sleep Expert when you are in Australia.

Medical consent and information

You warrant that:

  • (consent) if you are seeking medical treatment through the Platform, you are competent adult capable of consenting to and refusing that medical treatment, or otherwise will notify us of your circumstances and obtain and provide all necessary consents or directives from you, your parent(s) or guardian(s), including as requested by us or any Sleep Expert at any time;

  • (for parents and guardians) if you are accessing or using the Platform or our Services as the parent or guardian of another person, you will bring this to the attention of any Sleep Expert, be present for all Communications with that other person, and provide all necessary proofs as requested by us or any Sleep Expert at any time;

  • (accurate, up to date and complete information) you acknowledge that we, or others (including Sleep Experts), using the Platform, may ask for information from you at any time, where relevant and reasonable to do so. You warrant that all information provided to us, or to others (including Sleep Experts) through the Platform, is accurate, up to date and complete, and that, so long as you continue to use the Platform and our Services, you will continue to update us, and others (including Sleep Experts), of that information so it will continue to be accurate, up to date and complete;

  • (medical records) you acknowledge that it is the responsibility of the Sleep Experts, not us, to create and maintain adequate records (such as medical records) in accordance with the law. We may store these records, but are not responsible for their preparation or content.

Medicare and other benefits

You warrant that:

  • (Medicare availability) you acknowledge that no service or product that you access through the Platform has Medicare rebates available unless expressly stated by us;

  • (benefit eligibility) you acknowledge that, in some cases, you will be required to provide information, documents or other proof (for example, your Medicare number, referrals from referring practitioners or Mental Health Treatment Plans) in order to access certain government benefits (such as Medicare) in respect of eligible health products and services. You agree to provide this information at the time your appointment is made. You accept that failure to provide the such proof of eligibility at that time may result in you being charged the full fee for the consultation, and having to claim any benefit or rebate yourself.

No substitute for general practice or emergency care

You warrant that:

  • (no substitute for your GP) you acknowledge that your use of the Platform and our Services, and receiving Sleep Services from Sleep Experts, is not substitute for seeking medical advice from your regular medical practitioner (e.g. your general practitioner);

  • (scope of advice) you acknowledge that all Sleep Experts provide Sleep Services only within their particular field or fields and only in connection with the subject-matter of any Communication with you based on the information that you have provided to them;

  • (keep your GP informed) you agree to keep your regular medical practitioner informed of the outcome of any Sleep Services with Sleep Experts, including any tests, treatments, therapies or medicines recommended or prescribed by Sleep Experts. We can assist you with providing this information to them, at your request in writing;

  • (monitor your health) you will continually monitor your health and, if your conditions change or symptoms worsen, you agree to contact your regular (or other qualified) medical practitioner or, if you require immediate medical attention, call 000 or attend your nearest hospital emergency department for urgent treatment;

  • (emergencies) you acknowledge that the Platform, our Services, and the Sleep Services provided by Sleep Experts are not suitable for medical emergencies.

Prohibited conduct

You warrant that you will not access or use the Platform or our Services:

  • (unlawful acts) against any laws or regulations, or in order to breach any laws or regulations, or in any knowing way that results in us or our related bodies corporate breaching any laws, regulations or legal obligations;

  • (commercial acts) for commercial purposes (including, without limitation, for a person’s competitive advantage or to our competitive disadvantage). You warrant that you will only purchase Home Sleep Tests for your personal use, or else for the personal use of a person to whom you are parent or guardian, and you acknowledge that commercial use of the Home Sleep Tests is prohibited;

  • (harassment) to harass, defame, humiliate, abuse, threaten or otherwise offend others, or engage in behaviour that is reasonably likely to do so;

  • (against medical advice) if you have received professional advice (including medical advice, whether from a Sleep Expert who is a medical practitioner or from your regular medical practitioner) that the Platform or our Services is unsuitable for your specific situation, unless that advice changes;

  • (damage and interference) in a manner which damages, interferes with, or disrupts the Platform, our Services, our property or the property of our related bodies corporate or of any third parties, or engages in behaviour that attempts to do so or is reasonably likely to do so. This includes, without limitation, the transmission of malware.

Further, you will not engage or enable any other party to do any of the above.

6. Home Sleep Tests

Your order

You may order a Home Sleep Test through the Platform checkout. Any Home Sleep Test available for order on the Platform is an invitation to treat. We reserve the right to remove suspend, or reprice any Home Sleep Test available for order without notice. When you place an order, you are making an offer to purchase that Home Sleep Test. It is your responsibility to ensure that the details of your order are accurate and complete. You authorise us to process the payment for your order at the time the order is placed.

A confirmation email from us acknowledges receipt of your offer but does not mean we have accepted it. We reserve the right to accept or cancel your order. We may cancel your order if you are or would be in breach of these Terms, the product is unavailable, the product has been incorrectly priced or described, our Delivery Partner is not able to facilitate delivery, there are problems with payment or the details you provided, reasonable attempts to contact you are unsuccessful, or in any other circumstances where it would be reasonable to cancel your order. Your offer is accepted only when your payment is processed and we notify you that your order has been fulfilled. If your order is cancelled, we will notify you and issue a full refund.

Delivery

We work with Delivery Partners to facilitate delivery. For all physical products, delivery will be made to the address you nominate at the Platform checkout. Your nominated address must be an Australian address.

Risk and title to all products pass to you on the date and time of delivery.

Results

You are entitled to receive your own copy of your sleep report, which we will provide to you on request. You consent for that copy to be sent to your nominated email address.

However, we strongly recommend that you book a consultation with an appropriate Sleep Expert on the Platform to discuss your results. You should not self-interpret the results of your sleep test (see the indemnity section below).

Your Rights under the Australian Consumer Law

Products made available to you through the Platform may come with consumer guarantees under the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth) that we cannot exclude. Guarantees include that goods be of acceptable quality and correspond with their description. Nothing in these Terms is intended to limit or exclude your rights under the Australian Consumer Law.

7. Prices and payment

All prices displayed on the Platform are in Australian dollars and include any applicable GST.

We accept payment by credit card and any other payment options that are displayed on the Platform. We use third parties to process your payments.

Notwithstanding that we are not a party to any contract for Sleep Services between you and a Sleep Expert, we may collect, accept and process payments made to that Sleep Expert in connection with such a contract on their behalf, acting as their limited payment collection agent. You agree that any such payment (of any kind, including a chose in action) made by you to us will be considered the same as payment made directly by you to them, including without limitation, if we collect payment on their behalf in advance of their provision of any Sleep Services. You agree that any payment may be collected in advance of any provision of any Sleep Services by a Sleep Expert. We may also process any required adjustment or refund to you on behalf a Sleep Expert, and any such adjustment or refund will be considered the same as an adjustment or refund made by that Sleep Expert to you.

8. Limitation of liability

These limitation of liability clauses survive the termination or expiry of these Terms.

Independence of Sleep Experts

When a Sleep Expert provides you with Sleep Services they do so with independence and not on behalf of any other person. We are not a party to any contractual relationship you have with a Sleep Expert.

You agree that:

  • the Sleep Expert is solely responsible for; and

  • we (and our Personnel) and our related bodies corporate (and their Personnel), are not responsible for,

any Loss incurred by you or any other third party in connection with any act or omission (including negligence or breach of contract) of that Sleep Expert in connection with them providing Sleep Services to you.

You acknowledge that the Sleep Services you receive from a Sleep Expert (including, without limitation, any medical or other health advice you may receive and the prescription of any medication) is a matter between you and that Sleep Expert.

We make no warranties and disclaim any liability (including negligence and breach of contract) in connection with the provision of any Sleep Services provided by any Sleep Expert to you (including, without limitation, its correctness, quality and suitability).

Medical advice and other information

You acknowledge that the only medical advice available for you to receive through the Platform is medical advice that you receive from a Sleep Expert who is a medical practitioner. Not every Sleep Expert is a medical practitioner.

You acknowledge that all other content, information and Sleep Services provided on or through the Platform, does not constitute medical advice. This includes, without limitation, information provided by us (or our Personnel), our related bodies corporate (and their Personnel), and any Sleep Expert that is not a medical practitioner.

To the extent permitted by law, we disclaim any liability in connection with any Loss incurred by you in connection with your reliance on non-medical advice as a medical advice.

We may collect information about you through questionnaires on the Platform in accordance with the Privacy Policy. You acknowledge that any data that we provide back to you based on your answers to any questionnaire is for informational purposes only and is based solely on your answers to the specific questions asked. There are a range of Sleep Experts that use the Platform, with a range of different fields of expertise. To the extent that we provide you with possible conditions associated with your stated profile and symptoms:

  • you consent for this information to be sent to your nominated email address;

  • you understand and agree only to use the data to inform your personal decision about whether or not to engage any given Sleep Expert for Sleep Services; and

  • you acknowledge that the data does not constitute, and you agree never to substitute it for, a diagnosis or medical advice, which you understand can only be provided by a medical practitioner.

To the extent permitted by law, we disclaim any liability for Loss arising in connection with your reliance on such data as a diagnosis or medical advice.

Self-interpretation of Home Sleep Test reports

You acknowledge that the results of any Home Sleep Test (including any report) are based on the data generated by that Home Sleep Test, are for informational purposes only, and do not constitute medical advice or diagnosis.

You should seek the advice of a medical practitioner or other appropriate health practitioner regarding the interpretation of the results of your Home Sleep Test.

You acknowledge that self-interpretation of results may lead to misunderstandings and Loss, and that only a medical practitioner can provide you with medical advice that contextualises and explains your results in light of your overall condition.

To the extent permitted by law, we make no warranties and disclaim any liability for Loss arising in connection your failure to discuss the results of your Home Sleep Test with an appropriately qualified health practitioner.

Content of Website

You acknowledge that all that information on the Website (or accessible via links from this Website) is of a general nature, and is not, and should not be relied upon as advice (including medical advice) relating to you personally. While we take reasonable care to ensure that the content on the Website is accurate, we make no warranties and disclaim any liability for Loss arising in connection with the Website’s correctness or completeness, to the extent permitted by law.

Suitability for your specific situation

We intend for our Platform, our Services and the Sleep Services of Sleep Experts to be helpful for a broad range of people. However, you understand that the Platform, our Services and the Sleep Services of any given Sleep Expert may not be suitable or appropriate for your specific situation, including as a substitute for in-person care (including diagnosis and treatment).

You acknowledge that we do not endorse any particular Sleep Service, Sleep Expert, test, treatment, therapy or medicine, over any other or at all.

You acknowledge that the suitability and appropriateness of the Platform, our Services, any Sleep Expert, any Sleep Services provided by any Sleep Expert (including any test, treatment, therapy or medicine) for your specific situation is a matter to be determined between you and that Sleep Expert (in conjunction with any other relevant health providers you may have, including your regular medical practitioner).

To the extent permitted by law, we make no warranties and disclaim any liability for Loss arising in connection with the suitability or appropriateness of the Platform, our Services, and the Sleep Services of any given Sleep Expert for your specific situation.

Computer systems

To the extent permitted by law, we make no warranties and disclaim any liability for Loss arising in connection with any risk of loss or damage to your computer systems (including mobile devices), including any loss or damage incurred to your hardware, software or data as a result of malware when accessing or using the Platform or our Services.

Platform Modification, Interruption, Disruption and Discontinuation

While we take reasonable steps to ensure the accessibility and use of the Platform, and the availability of our Services, we make no warranties that the Platform will be accessible or useable, or that our Services will be available, at all times and without error, to the extent permitted by law.

To the extent permitted by law, we disclaim any liability for Loss arising in connection with any loss or damage incurred by you due to modification, interruption, disruption or discontinuation of the Platform or our Services.

Payment fraud

To the extent permitted by law, we disclaim any liability for Loss arising in connection with the fraudulent or unauthorised use of your credit card or other payment method, unless such Loss is caused by our acts or omissions.

9. Indemnity

This indemnity clause survives the termination or expiry of these Terms.

You will indemnify us (and our Personnel) and our related bodies corporate (and their Personnel), in respect of any Loss incurred by us and those persons in connection with:

  • your misuse (including negligent use) of the Platform or the Services;

  • any act or omission (including negligence or breach of contract) by you in connection with you receiving Sleep Services from a Sleep Expert;

  • your breach of these Terms;

  • your violation of any third party right, including without limitation, any intellectual property right.

10. Denial of access

We may refuse to provide you with access to the Platform or our Services, in our absolute discretion, if you are in breach of these Terms.

11. Intellectual property

All rights, title and interest (including all intellectual property rights) in the Platform, and in the content and material made available on the Platform, are owned by us or our licensors, unless otherwise indicated. Any trade marks of third parties are the property of their respective owners.

We grant you a non-exclusive, non-assignable, non-sublicensable, non-transferable and revocable licence to access and use the Platform only in accordance with these Terms for your personal, non-commercial use.

These Terms do not otherwise grant or transfer any rights, title or interest in or related to the Platform to you, or any other intellectual property owned by us or our related bodies corporate.

We reserve all our rights.

12. General

Entire Agreement

These Terms (including the Privacy Policy) constitutes the entire agreement between us and you, and supersedes any prior representations, understandings or arrangements between us and you regarding its subject-matter, whether orally or in writing.

No reliance

You nor we have relied on any statement by the other not expressly included in these Terms (including the Privacy Policy).

Variation of the Terms

From time to time, acting reasonably, and to the extent reasonably necessary to protect our legitimate business interests, we may add, remove or vary these Terms (including the Privacy Policy) by publishing a revised version on the Website. Unless otherwise stated, any variation will take effect from the ‘Effective’ date stated in the published revised Terms. You should check these Terms regularly.

We will give you notice at least 30 days’ prior to the commencement of any such variation (or a shorter period if permitted or required by law, if the change is not adverse to you, or if it is reasonable for us to do so in order to manage an urgent risk), which may take the form of pop-up, banner or similar prompt or alert on the Website.

By continuing to use the Platform and the Services after any variation to these Terms, you warrant that you agree to those new Terms.

If you do not agree to those new Terms, you must immediately cease using the Platform and the Services.

Severance

If any part of these Terms is or becomes illegal, ineffective, invalid or unenforceable, that part will be severed from these Terms, and that severance will not affect the effectiveness, validity or enforceability of the remaining part of these Terms.

Governing law and jurisdiction

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

You and we irrevocably submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales and courts of appeal from them in respect of any proceedings arising out of or in connection with these Terms, or your access to, or use of, the Platform and the Services.

13. Definitions

Communication means any communication (including consultation) or transfer of information between you and a Sleep Expert. Communications are, typically, synchronous (real-time) face-to-face consultations via two-way video conference. However, for the avoidance of doubt, Communications need not be synchronous, face-to-face or two-way, and include without limitation, phone calls, emails, and remote patient monitoring.

Consequential Loss means any loss that may not reasonably be supposed to be in your or our contemplation, and also includes, without limitation, any loss of profit, loss of opportunity, loss of reputation or goodwill, loss of contract, and loss of data.

Delivery Partner means any entity nominated by us to deliver or fulfill, or organise the delivery or fulfilment of, your order.

Home Sleep Test means a test designed to measure sleep quality and detect sleep-disordered breathing that is available for purchase on the Platform, including, for the avoidance of doubt, a physical device that is preloaded with a limited number of sleep study nights, and additional sleep study nights that may be purchased for use with a compatible device already owned by you.

Loss means any claim, loss (including Consequential Loss), damage, costs and expenses (including legal fees).

Personnel means, in relation to a corporation, a director, officer, employee or agent of that corporation.

Services means providing you with access to, and use, of the Platform.

Sleep Experts use the Platform to provide Sleep Services, and can include:

  • health practitioners registered with the Australian Health Practitioner Regulation Agency, for example: medical practitioners (including specialists such as sleep and respiratory medicine physicians) and psychologists; and

  • allied health workers, clinical researchers, scientists, and technologists.

Sleep Services means services in relation to sleep health as well as related or overlapping fields, such as such as respiration, mental health, and diet. Any Communication with a Sleep Expert is a Sleep Service. Sleep Services also include, without limitation, providing diagnoses, consultations (including but not limited to the provision of medical or psychological advice), treatments and therapies, as well as writing prescriptions and referrals.

14. Interpretation

In these Terms, the following rules of interpretation apply unless the contrary intention appears:

  • headings are for convenience only and do not affect the interpretation of these Terms;

  • the singular includes the plural and vice versa;

  • words that are gender neutral or gender specific include each gender;

  • where a word or phrase is given a particular meaning, other parts of speech and grammatical forms of that word or phrase have corresponding meanings;

  • the words ‘such as’, ‘including’, ‘particularly’ and similar expressions are not words of limitation;

  • a reference to:

    • a person includes a natural person, partnership, joint venture, government agency, association, corporation, trust or other body corporate;

    • a thing (including but not limited to a chose in action or other right) includes a part of that thing;

    • a party includes its agents, successors and permitted assigns;

    • a document includes all amendments or supplements to that document;

    • a clause, term, party, schedule or attachment is a reference to a clause or term of, or party, schedule or attachment to these Terms;

    • a law includes a constitutional provision, treaty, decree, convention, statute, regulation, ordinance, by-law, judgment, rule of common law or equity and is a reference to that law as amended, consolidated or replaced;

    • a statute includes any regulation, ordinance, by-law or other subordinate legislation made under it;

    • an agreement other than these Terms includes an undertaking, or legally enforceable arrangement or understanding whether or not in writing; and

    • a monetary amount is in Australian dollars and all amounts payable under or in connection with these Terms are payable in Australian dollars;

  • no rule of construction applies to the disadvantage of a party because that party was responsible for the preparation of these Terms or any part of it;

  • when the day on which something must be done is not a business day in New South Wales, that thing must be done on the following business day;

  • if a period of time is calculated from a particular day, act or event (such as the giving of a notice), unless otherwise stated in these Terms, it is to be calculated exclusive of that day, or the day of that act or event; and

  • the terms contained in this main body of the Terms and Conditions will prevail over the terms contained in the Privacy Policy to the extent that there is any conflict, ambiguity or inconsistency between them.