Terms and Conditions

Last Modified:●August 2024

  1. INTRODUCTION
    1. These terms and conditions (Terms), together with our URL Terms (collectively, the Agreement), apply to your use, supply, purchase, or access to our Site, Goods, and Services.
    2. The Agreement forms a legally binding contract between you and AstonRX. By using our Site, purchasing our Goods, accessing our Services, clicking "I agree" (or similar act), you agree to be bound by the Agreement.
    3. We reserve the right to modify or vary the Agreement (or any part, including the Terms or URL Terms) at any time without liability to you (including to reflect any changes in the law, technology, our operations, our Goods or Services). It is your responsibility to periodically review these Terms for any changes (which shall be reflected by the date appearing at the top of these Terms). If you have a subscription with us, we shall notify you of any changes to our Terms. Your continued use of our Site, Goods, and/or Services constitutes your acceptance of any modified Agreement.
    4. If you do not agree to our Agreement, your sole remedy is to immediately cease to use our Site and our Services.
    5. You must be 18 years or older to purchase any Goods or use any of our Services. Notwithstanding, we may allow you to use our Site or Services if you are (at a minimum) 13 years of age and have explicit parent or guardian permission. However, we reserve the right not to supply any of our Goods or Services to any person under the age of 18 years.
  2. ACCOUNT REGISTRATION
    1. Certain features, functionality, Goods, or Services offered on or through our Site may require you to register an account with us (Account) and/or maintain a subscription (Subscription).
    2. To create an Account and/or maintain a Subscription, you must:
      1. Provide true, accurate, complete, and up-to-date information on registration (Account Information);
      2. Promptly update the Account Information if, at any time, it is or becomes outdated, incorrect, or incomplete (including any billing details);
      3. Comply with all reasonable requests by AstonRX to verify your identity;
      4. Not provide your login ID and password (Credentials) to any other person;
      5. Immediately change the Credentials if any computer, electronic device, email account, or network used to access the Site and Services is compromised, or suspected of being compromised, by a security breach and promptly notify us of the same.
    3. You are responsible for all acts or omissions that occur through your Account or Subscription and accept all risks of unauthorized access to your Account Information, which are caused or contributed by you, including where your computer, electronic device, email account, or network has been compromised.
    4. We reserve the right to suspend or disable your Account or Subscription at any time if, in our reasonable opinion, you have failed to comply with our Agreement (including a failure to pay).
  3. SUBSCRIPTION
    1. Unless expressly set out in writing for a specific Good or Service, your Subscription with AstonRX is ongoing and shall continue until suspended, canceled, or terminated.
    2. We may offer, from time to time, and in our discretion (Temporary Subscription):
      1. A new user of our Services a free and limited trial Subscription; or
      2. A free and limited Subscription for all or any part of our Services.
    3. Your eligibility for, and access to, a Temporary Subscription, is provided in our sole discretion.
    4. Your Temporary Subscription shall commence as soon as you register an Account with us.
    5. At the end of your Temporary Subscription, a paid Subscription for the Goods and/or Services shall apply, and we shall automatically charge your Payment Method at the then-current Fee advertised on our Site.
    6. For a paid Subscription, you may be able to elect the commencement date of your Subscription.
    7. For our 28-day program, your access to the Site and Services will expire at the conclusion of that 28-day program unless you have a Subscription for our maintenance programs.
  4. GUEST CHECK-OUT
    1. There may be certain Goods available for purchase on our Site that do not require an Account or Subscription with us. Although you may check out your purchase as a "guest," our Agreement applies to your purchase.
  5. PAYMENT METHOD
    1. We may offer a number of acceptable payment methods to purchase our Goods and Services, such as direct debit or "buy now pay later" arrangements (Payment Method).
    2. All payments are processed by a third-party payment provider in compliance with PCI-DSS standards and obligations.
    3. In creating an Account, you must provide us with one or more Payment Methods, even if subscribing for a free trial or free Subscription. Ordinarily, we will not charge your Payment Method during the term of any free trial or free Subscription. However, if we are required to confirm the authenticity of your Payment Method, we shall charge a nominal amount ($1.00 or less). Once your free trial or free subscription expires, or you purchase any Goods and/or Services which attract a Fee, we shall charge you the associated Fees (plus applicable GST and Transaction Fees) for those Goods and/or Services using your Payment Method.
    4. You authorize us to charge any Payment Method registered with your Account in the event your primary Payment Method is declined, has expired, has insufficient funds, or is no longer available for us to charge the Fees (plus GST and Transaction Fees).
    5. You can update your Payment Method on your Account via the "My Profile" and "Billing Details" page.
    6. It is your responsibility to ensure that your Payment Method is valid. We will not be responsible for any interest, overdrawn charges, or other fees that may result in you exceeding your credit limit or entering into overdraft by your Payment Method.
  6. FEES
    1. The Fees for our Goods and Services are made available on our Site and set out on the checkout screen on our Site.
    2. All Fees are exclusive of GST and Transaction Fees and, unless stated otherwise, are in Australian Dollars.
    3. Unless you cancel your Subscription prior to your billing date, you authorize us to charge the Fees for your Goods and/or Services in the next billing cycle using your Payment Method (Billing Cycle). For the avoidance of doubt:
      1. If you have a monthly Subscription, your Subscription will automatically renew each month without notice unless you cancel prior to the monthly billing cycle. You shall be charged the monthly Subscription Fee at the then-current rate of your Subscription for the Goods and/or Services, plus GST and Transaction Fees (if any).
      2. If you have an annual Subscription, your Subscription will automatically renew each year without notice unless you cancel prior to the annual billing cycle. You shall be charged the annual Subscription Fee in one lump sum at the then-current rate of your Subscription, plus GST and Transaction Fees (if any).
      3. If a different billing cycle applies to a Subscription, the billing cycle shall be based on the length of your Subscription for the Goods and/or Services purchased. You shall be charged the Subscription Fee in accordance with that applicable billing cycle at the then-current rate of your Subscription, plus GST and Transaction Fees (if any).
    4. We shall charge your Payment Method not more than 24 hours prior to the Billing Cycle.
    5. If you have not cancelled your Subscription for the Goods and/or Services and we are unable to charge your Payment Method, you remain liable to us for any uncollected amount.
    6. We reserve the right to suspend or cancel your Subscription for the Goods and/or Services if we are unable to successfully process payment.
    7. You must not set off, deduct or withhold payment of the Fees or any other monies payable to AstonRX (or any part thereof) for any reason.
  7. TAX
    1. You agree that we may charge you taxes such as GST for any purchases through our Site of Goods and Services.
    2. If we fail to charge you GST, you agree to pay any applicable GST or other taxes as required by your local laws and ordinances.
    3. You agree that we are not responsible for providing you with advice in relation to your tax liabilities.
  8. LATE PAYMENT
    1. If you default in payment of any amount, AstonRX may charge interest on that outstanding amount at the rate prescribed under section 2 of the Penalty Interest Rates Act 1983 (Vic) plus 2%, with interest commencing on the day following the date the payment was due until the day such amount (including interest) is paid in full.
    2. Our right to require payment of interest does not affect any other rights and remedies we may have in relation to a default in payment under this Agreement.
  9. FEE CHANGES
    1. We reserve the right to alter, update, and/or change our Fees for any Goods and/or Services from time to time.
    2. If you are on a Subscription, you shall be notified of any changes in our Fees either by email linked to your Account or in-app notification on logging into your Account.
    3. If you do not accept the Fee change, you must:
      1. Cancel your Subscription prior to the change taking effect; or
      2. Change your Goods and/or Services included in your Subscription (including a change to a Subscription plan) prior to the change taking effect.
  10. PROMOTIONAL OFFERS
    1. We may, from time to time, offer special promotional offers, plans, or Subscriptions for our Goods and/or Services (Promotional Offer). Eligibility for our Promotional Offers is strictly in our sole discretion, and we reserve the right to revoke any Promotional Offer if you are not or cease to be eligible.
    2. Promotional Offers may be subject to separate terms and conditions as made available from time to time in association with that Promotional Offer.
  11. LICENCE
    1. Provided that you comply with our Agreement, we grant you a non-exclusive, personal, non-sublicensable, non-transferable, revocable, and limited licence to access our Site and use our Services (Licence).
    2. The Licence shall terminate automatically on cancellation or termination of your Account or Subscription.
  12. YOUR OBLIGATIONS
    1. You must only use our Site, Goods, and Services in accordance with this Agreement and applicable laws.
    2. You agree to the following:
      1. You must not collect or harvest any personally identifiable information, including Account details.
      2. You will not use our Site or Services in any manner or way, or to post to or transmit any information or material, which interferes, defames, harasses, threatens, menaces, or offends any person, or which prevents any other person from using and enjoying our Site and Services.
      3. You will not upload, post, transmit, or otherwise make available any material that:
        • Is not your original work, or which may infringe the intellectual property or other proprietary rights of another person.
        • Is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult, or humiliate others based on protected attributes (such as, without limitation, sex, sexual orientation, race, age, religion, and physical or mental disability).
        • Includes an image or personal information of another person without their consent.
        • You know or suspect, or should reasonably know or suspect, to be false, misleading, or deceptive.
        • Contains large amounts of untargeted, unwanted, or repetitive content.
        • Contains financial, legal, medical, or other professional advice.
      4. You agree not to impersonate any person or entity or misrepresent your affiliation with a person or entity.
      5. You agree not to subscribe to our Site or Services using automated means or under false or fraudulent pretenses.
      6. You agree not to cause, or aid in, the destruction, manipulation, removal, disabling, or impairment of any portion of our Site, including the de-indexing or de-caching of any portion of our Site from a third party’s website, such as by requesting its removal from a search engine.
      7. You will not copy, distribute, or disclose any part of the Site or the Service in any medium, including, without limitation, by any automated or non-automated "scraping".
      8. You agree not to tamper with, hinder, or interfere with our Site or Services, including compromising any security measures, functionality, network system, software, content, or deciphering any transmissions to or from the servers running the Site or Service.
      9. You will not take any action that imposes, or may impose (at our sole discretion), an unreasonable or disproportionately large load on our infrastructure.
      10. You will not copy, reproduce, modify, adapt, translate, improve, deconstruct, or reverse engineer our Site or any part thereof.
      11. You will not use any robot, spider, site search, bot, timer, software lock, trojan-horse routing, trap door, virus, worm, or similarly disabling malicious code to monitor, tamper, distort, delete, damage, or disable the Site or any part thereof.
      12. You will not use our Site or Services to commit or attempt to commit a civil or criminal act or facilitate the commission of a civil or criminal act or other illegal content.
      13. You will not deface, obscure, or remove any proprietary rights or notices on our Site or connected with our Services.
      14. You will not use our Site, Goods, and Services other than in accordance with the Agreement.
      15. You will not access or use our Site or Services to build or support products or services competitive to AstonRX.
      16. You will not frame, reformat, replicate, or mirror any part of our Site, or use data mining robots or other extraction tools in relation to our Site.
      17. You will not disparage AstonRX or any of its officers, agents, and employees, or make any statement or publication, whether oral, in writing, or otherwise, which does, or is likely to bring AstonRX or any of its officers, agents, and employees into disrepute or ridicule or otherwise adversely affect their reputations.
      18. You will not directly or indirectly interfere with, circumvent, attempt to circumvent, avoid, alienate, or bypass any contracts, agreements, or arrangements with any member of AstonRX, or obviate or interfere with our relationships, contracts, agreements, or arrangements with others, to gain a benefit for yourself or for any other person.
  13. INTELLECTUAL PROPERTY
    1. AstonRX owns and shall retain ownership of all Intellectual Property Rights in and to the Site and Services (AstonRX IP). We reserve all rights in any Intellectual Property Rights owned or licenced by AstonRX not expressly granted to you.
    2. You agree that you will:
      1. not represent yourself as the owner of or having an interest in the AstonRX IP;
      2. not use or allow the use of AstonRX IP in a manner that is contrary to, or conflicts with, or in any way damages the title or interest of AstonRX;
      3. not use any brand name, trade name, trade mark, logo or design of AstonRX, unless authorised in writing by AstonRX;
      4. not challenge or call into question in any way the right, title, interest and good will of AstonRX in respect of the AstonRX IP;
      5. not register or attempt to register any AstonRX IP;
      6. not infringe, or encourage or permit any infringement of, any of the rights in AstonRX IP;
      7. not assign, sub-licence, rent, timeshare, loan, lease or otherwise transfer AstonRX IP;
      8. not produce, modify, transmit, post, use, licence, distribute, reverse engineer or make a copy of the AstonRX IP;
      9. not deface, obscure or remove any proprietary notice of AstonRX IP; and
      10. do all acts and things as may reasonably be required by AstonRX to ensure the protection of AstonRX IP.
    3. You agree to grant us a royalty-free, non-exclusive, world-wide, perpetual, irrevocable and transferable licence to reproduce, modify, distribute, exploit and incorporate into our Goods and Services (without attribution of any kind) any suggestions, enhancements, requests, improvements, recommendations, corrections, or other feedback provided by you, and unconditionally waive all moral rights as defined in the Copyright Act 1968 (Cth).
    4. By uploading, transmitting, posting or otherwise making available any material on our Site or associated platforms (including social media), you grant us a non-exclusive world-wide, perpetual, irrevocable and transferable licence to reproduce, modify, distribute and exploit any material in any form and for any purpose, and unconditionally waive all moral rights as defined in the Copyright Act 1968 (Cth).
  14. PRIVACY POLICY
    1. Our Privacy Policy applies to your use and access to our Site, Goods, and Services.
    2. We do not knowingly collect, use, or disclose any personal information from children under 13 years.
    3. We reserve the right to monitor our Site (including associated social media platforms) and to disclose any information recorded or posted on, submitted to, or transmitted through our Site (including associated social media platforms), in our sole discretion, as deemed necessary or appropriate to:
      1. comply with any applicable law, regulation, subpoena, or request from a government authority;
      2. operate our Site lawfully; or
      3. protect the rights and property of AstonRX.
  15. THIRD PARTY CONTENT
    1. Our Site may contain information, materials, documentation, or other content (regardless of form and including links to other websites) that is owned or developed by a third party (other than AstonRX) (Third Party Content).
    2. You acknowledge that we are not responsible for the creation, maintenance, accuracy, or completeness of any Third Party Content.
    3. We make no representation, statement, or warranty, either expressly or implicitly, in relation to the accuracy, completeness, suitability, performance, or timeliness of any Third Party Content on or linked to our Site.
    4. If you rely on Third Party Content, you do so solely at your own risk.
    5. We do not endorse any commercial product or service mentioned or advertised on any Third Party Content.
  16. USE OF INTERACTIVE AREAS
    1. Our Site or Services may contain discussion forums or other interactive features in which you or third parties may post reviews, content, messages, materials, recommendations or other items (Interactive Areas).
    2. If we provide Interactive Areas, you are solely responsible for your use of the Interactive Areas and your use of the Interactive Areas is at your own risk.
    3. No review, recommendation, comment, message or material posted by a third party (including any other user) on our Interactive Areas shall be deemed to be an endorsement by AstonRX of the particular matters the subject of that review, recommendation, comment, message or material.
    4. We assume no responsibility or liability for any review, recommendation, comment, message or material posted, stored or uploaded by you or a third party in an Interactive Area, or for any loss or damage suffered or sustained by your use or reliance on an Interactive Area.
    5. We reserve the right, in our sole discretion, to delete any review, recommendation, comment, message or material that does not comply with the Agreement.
  17. REPORTING
    1. If you become aware or suspect misuse of our Site or Services, believe that any of our terms in this Agreement have been breached by any person, discover any errors in any information on our Site or have difficulty accessing our Site or Services, please contact us at support@astonrx.com.
  18. AVAILABILITY OF GOODS
    1. Goods will generally arrive within 7 business days of order within Australia. However, due to demand for our Goods, we may not always have the Goods available and ready for shipment at all times. If the Goods are not available, we shall either:
      1. notify you on our Site that the Goods are not available for order; or
      2. if the Goods are ordered, we shall contact you and inform you that our Goods are not available and our estimated delivery times.
    2. Even if the Goods may be temporarily delayed or momentarily unavailable, you agree that we may still charge you the Fees in accordance with the Payment Method and deliver you the Goods when they become available.
  19. SHIPMENT OF GOODS
    1. We use Australia Post to fulfill all our orders for Goods within Australia.
    2. We may use an international postal service to fulfill all our orders for Goods outside of Australia. All applicable custom fees, taxes and duties are your responsibility. Custom authorities may require that we state the value of your order directly on your package, which shall be the retail cost for your order. Customs agents may inspect your order at their discretion. Inspection may delay the delivery of some orders. For more information on customs and duties charges, please contact your local customs officer.
  20. MODIFICATION OF SERVICES
    1. We reserve the right to alter, update, or remove any of our Services (including any feature or functionality) at any time within our discretion.
  21. GIFT CARDS OR CERTIFICATES
    1. Our gift cards or gift certificates shall display the expiry date either as the full date or as a period of time.
    2. Unless our gift cards or gift certificates are supplied as part of a temporary marketing promotion, donated free of charge for promotion purposes, sold for a particular Good or Service at a genuine discount, given as a bonus in connection with the purchase of a Good or Service, apply to any Goods or Services that are specifically available for a limited time, or any other exclusion provided by law, our gift cards or gift certificates shall expire 3 years from the issue date and are non-refundable.
  22. RETURNS AND REFUNDS
    1. If you receive damaged, defective, or incorrect Goods, you must notify us immediately at support@astonrx.com. If we agree that the Goods are damaged, defective, or incorrect, at our election, we shall provide you with a reimbursement (including shipping charges) or replace the Goods at our cost.
    2. You should expect a refund to be processed within one (1) month. This refund time includes the transit time to return your item (5-10 business days), the time it takes to process your request (3-5 business days), and the time it takes your bank to process our refund request (5-10 business days).
    3. We do not offer refunds on our Subscription for Services and cannot accept the return of any supplement or food product. Upon registration, we shall dispatch your supporting supplements and/or pathology and commence creating you a personal program (which we have already incurred an expense).
    4. The specific start date of your Subscription for certain Services is listed on our Site and was selected by you at the time of purchase. If you are unable or unwilling to undertake the Service on your chosen date, we are unable to transfer the Service to another user of our Site or Service. Prior to commencement, if the timing of the Service you have selected is no longer suitable, we can pause your Subscription and/or transfer your start date to a date in the future of your choosing. Once postponed, you will no longer have access to our Site until your recommencement date.
  23. CANCELLATION
    1. You may cancel your Subscription for any recurring Goods and/or Services at any time.
    2. To cancel any recurring Subscription, you must log on to your Account, click on "My Profile" and "Billing Details" page, and select "cancel".
    3. If you cancel a trial or free Subscription, your Subscription will automatically expire at the time of cancellation.
    4. If you cancel a paid Subscription, your Subscription will automatically expire at the end of the current Billing Cycle.
    5. To the fullest extent permitted by law, all Subscription payments for Goods and/or Services are non-refundable. We do not provide credits or refunds for any unused or partial Subscription period.
  24. SUSPENSION OR TERMINATION
    1. We may suspend or terminate your Account, Subscription, or Services:
      1. immediately, if you are in breach of any terms of our Agreement; or
      2. at any other time for any reason.
  25. CONSEQUENCES OF CANCELLATION, SUSPENSION OR TERMINATION
    1. If your Account, Subscription, or Services expire without renewal, are cancelled, suspended, or terminated, you acknowledge:
      1. You must cease access to our Site and Services;
      2. You must pay all amounts outstanding to us prior to expiration, cancellation, suspension, or termination;
      3. Cancellation, suspension, or termination is without prejudice to any rights or liabilities accruing up to that date; and
      4. All provisions of our Agreement which by their nature should survive expiration, cancellation, or termination shall survive, including (without limitation), ownership provisions, intellectual property rights, warranty disclaimers, indemnities, and limitation of liabilities.
  26. DISCLAIMERS
    1. (General Information): Any information available on our Site or forms part of our Services is provided for non-commercial use and general information purposes only. The information is not adapted to your specific circumstances and may not meet your specific needs. Any statement made on our Site or forms part of our Services has not been evaluated by any state, territory, national, or international regulatory body or agency.
    2. (Nutritional Information): Nutritional information available on our Site or forms part of our Services is based on extensive research of peer-reviewed scientific literature. The nutritional information is not adapted to your specific circumstances and may not meet your specific needs. Before relying on any nutritional information, you should carefully evaluate the accuracy, completeness, and relevance of this information for your purposes and health particularities. Nutrient data published in our database may represent an average of the nutrient content of a particular sample of foods or ingredients, determined at a particular time. The nutrient content of a particular sample of foods or ingredients can vary substantially between batches and brands because of a number of factors. Some of the data may be borrowed from overseas food composition tables, supplied by the food industry, taken from food labels, imputed from similar foods or calculated using a recipe approach.
    3. (Not medical advice): The Information on the Site or that forms part of our Services is not medical advice. You should not rely on this information, the Goods, or Services as a substitute for medical advice. None of the content, Goods, or Services offered on our Site are meant to diagnose, treat, alleviate, or relieve any medical or health conditions.
    4. (Consult your healthcare professional): You should always consult your physician or other healthcare professional before adopting any treatment for a health problem or before using any of our Goods or Services.
    5. (Personal fitness): You acknowledge that by using our Site or Services, you do so voluntarily and, depending on your particular circumstances, there may be risks to your health. These risks may be caused by your own acts or omissions, or other users of the Site. The risk may not be known to you or are not readily foreseeable at the time of using our Site or Services.
    6. (Use of Goods and Services): You should be in good health and physically fit when using our Goods and/or Services. Failure to be in objective good health may result in adverse health consequences.
    7. (Our assumptions): The information and recommendations in our Goods and Services are based on the assumption that you are in good health, do not have physical ailments or illnesses, and should not be treated as a substitute for professional supervision or advice.
    8. (Testimonials): Any testimonials on our Site may not reflect the results that you may achieve. Results may vary and your experience may not be similar to the experience set out in the user testimonials.
    9. (Change in information): Any information on our Site or provided as part of our Services is subject to change without notice.
    10. (Your responsibilities): Although we in good faith believe the information provided on our Site and through our Services will help you live a healthier life, using our Goods or Services may not give you the results you desire or may cause negative health consequences. In using our Site, Goods, and/or Services, you acknowledge and agree:
      1. You should consider the need to obtain appropriate expert advice relevant to your circumstances;
      2. You are responsible for making your own inquiries and seeking independent advice from a healthcare professional before acting on any information or material made available to you on our Site or through our Services;
      3. You should seek medical advice in regard to your health condition and physical fitness;
      4. If you have any pre-existing medical conditions, are in poor health, or have any concerns as to the commencement of a new fitness regime, you should consult an appropriate healthcare professional before commencing any fitness program, exercise, or diet regime;
      5. You should consult your healthcare professional if you are on any prescription medication before commencing any fitness program, exercise, or diet regime;
      6. If you have or suspect that you have a medical issue, you should promptly contact your healthcare provider;
      7. If, at any time, you notice any unanticipated changes to your health (physical, mental, or emotional), you should seek medical attention immediately;
      8. Any programs involving weights, intensive workouts, or apparatus may put strong physical demands on any child who is still growing or developing, and supervision is obligatory;
      9. We do not give any warranty that the information is free from error or suitable for your purposes;
      10. We are not responsible or liable for any injuries caused as a result of you undertaking any fitness or exercise regimes; and
      11. If you have, or ever had asthma, heart condition, growth condition, or have experienced chest pains or dizziness, we strongly advise that you do not commence a fitness regime without first consulting a medical practitioner. Our Site is not a medical facility, and no information contained in our Site should be used to prevent, treat, or diagnose medical conditions of any kind.
  27. ASSUMPTION OF RISK
    1. Our Site, Goods and Services are provided on an "as is" and "as available" basis.
    2. Your use of our Site, the Goods, and the Services is solely at your own risk.
    3. Whilst we use all reasonable endeavors and safeguards to implement and provide you with access to our Site and Services, we do not make any representations, statements, warranties, or guarantees that your use and access shall be timely, secure, free from interruption (whether due to any temporary and/or partial breakdown, repair, upgrade, or maintenance) or free from error. Your use of the Site or Services may be suspended or unavailable for any reason whatsoever, including due to technical difficulties with network connection, the host provider, system failure, maintenance, and repair works.
    4. Whilst we do endeavor to provide accurate and timely information, the information available on the Site and provided as part of our Services may include inaccuracies, be incomplete, or contain errors. We reserve the right to make modifications to that information at any time, for any reason, without notice to you.
    5. YOU ASSUME SOLE RISK OF MAKING USE OF, AND/OR RELYING ON, THE INFORMATION AVAILABLE ON OUR SITE OR PROVIDED AS PART OF OUR SERVICES. WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY IN YOUR JURISDICTION, OR ACCURACY OF THE INFORMATION AVAILABLE ON OUR SITE OR THROUGH OUR SERVICES FOR ANY PURPOSE.
    6. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS ON THE SITE OR SERVICES, ANY FAILURES, DELAYS, OR INTERRUPTIONS IN THE SITE OR SERVICES ACCESSIBILITY, ANY LOSS OR DAMAGE ARISING FROM YOUR USE OF THE SITE OR SERVICES, ANY CONDUCT BY OTHER USERS OF THE SITE OR SERVICES, OR UNAUTHORIZED ACCESS TO OR USE OF THE SITE OR SERVICES.
  28. LIMITATION OF LIABILITY
    1. To the maximum extent permitted by law, AstonRX, its affiliates and respective directors, officers, employees, contractors or agents, will not in any way be liable for any loss or damage (including any indirect, punitive, incidental, special, exemplary or consequential damages, any loss of business, interest, goodwill, revenue, profit, any loss or corruption of data) arising out of or in connection with our Site, Goods or Services, whether based in contract, tort (including negligence), strict liability or otherwise, even if AstonRX has been advised of the possibility of such loss and damage. The exclusion of liability is a fundamental element of the basis of the bargain between you and AstonRD and your access to the Site, Goods and Services.
    2. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ASTONRX DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO OUR SITE, GOODS AND SERVICES, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENT OR OTHERWISE, INCLUDING (WITHOUT LIMITATION), ANY WARRANTIES AND CONDITIONS OF REASONABLE CARE AND SKILL, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, STATEMENTS REGARDING CAPACITY, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
    3. Nothing in this Agreement excludes, restricts, or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any legislation which cannot lawfully be excluded or limited, such as the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (ACL).
    4. If any guarantee, warranty, term, or condition is implied or imposed in relation to this Agreement under any applicable law (such as the ACL) and cannot be excluded (Non-Excludable Provision), then the liability of AstonRX for breach of any Non-Excludable Provision is limited to one or more of the following, at AstonRX’s option:
      1. In the case of goods, to:
        • the replacement of the goods or the supply of equivalent goods;
        • the repair of the goods;
        • the payment of the cost of replacing the goods or of acquiring equivalent goods; or
        • the payment of the cost of having the goods repaired.
      2. In the case of services, to:
        • the supplying of the services again; or
        • the payment of the cost of having the services supplied again.
    5. If any jurisdiction which applies to you does not allow us to waive or limit our liability to the remedies set out above, then our liability is limited to the smallest extent permitted by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any liability which is not lawful to exclude either now or in the future.
    6. If you are a resident of a jurisdiction that requires a specific statement regarding release, then the following applies: "a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her, must have materially affected his or her settlement with the debtor." You hereby waive any provision in law, regulation, or code that has the same intent or effect as the aforementioned release. Your ability to use our Site and Services is contingent upon your agreement to this and all other sections in this Agreement.
    7. To the maximum extent permitted by law, AstonRX’s maximum aggregate liability is limited to the total of any Subscription Fees or similar you paid to us in the six (6) months prior to any claim, action or demand made against AstonRX or AUD$100 (whichever is greater).
  29. INDEMNITY
    1. To the maximum extent permitted by law, you agree to defend, indemnify and hold AstonRX, its affiliates and respective directors, officers, employees, contractors or agents, from and against any and all claims, demands, actions, suits, loss, damage, liabilities, costs, penalties or other debts and expenses (including but not limited to attorney’s fees) arising from or in connection with:
      1. a breach of this Agreement;
      2. your use of and access to our Site, Goods and Services;
      3. your violation of any third party right, including (without limitation) any third party Intellectual Property Rights, and privacy and data protection;
      4. any claim by a third party that they sustained or incurred loss and damage caused or contributed by your acts or omissions; and
      5. any breach of any applicable law.
  30. DEFINITIONS AND INTERPRETATION
    1. In these Terms:

      Fees means the fees and charges for the Goods and/or Services acquired through our Site.

      Goods means the products or goods available on our Site from time to time.

      GST means goods and services tax imposed in Australia under the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

      Intellectual Property Rights means any intellectual or industrial property protected by law, including any patent, invention, copyright, design (whether or not registrable), trade secret, circuit layout design or right in relation to circuit layouts, right to confidential information, technical information, processes, techniques and know-how, patterns, designs, specifications, drawings, artwork, transparencies, proofs, documents, samples, dies, tools, jigs, equipment and other materials, regardless of where in the world it is created and includes:

      1. all rights to own, use and exploit the intellectual property;
      2. all applications or rights to apply for registration;
      3. all renewals or extensions of registration; and
      4. all licenses and rights granted to use or exploit the intellectual property.

      Services means any services available on our Site from time to time.

      Site means "aston.com", including our associated domains, web pages, web components, interfaces and applications.

      Transaction Fees means an amount equal to any surcharge, fee or other charge imposed on AstonRX by a third-party payment provider or financial institution to process payment.

      URL Terms means all terms, conditions, notices and disclaimers that are hyperlinked or referenced by URL address in these Terms and are incorporated into these Terms by that reference, including:

    2. References in these Terms to:
      1. "Aston RX", "We", "Us" or "Our" refers to Aston RX Pty Ltd (ACN 648 680 869).
      2. (singular and plural) words in the singular includes the plural (and vice versa);
      3. (gender) words indicating a gender includes the corresponding words of any other gender;
      4. (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
      5. (person) a reference to "person" or "you" includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
      6. (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
      7. (this Agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this Agreement, and a reference to this Agreement includes all schedules, exhibits, attachments and annexures to it;
      8. (document) a reference to a document (including this Agreement) is to that document as varied, novated, ratified or replaced from time to time;
      9. (headings) headings and words in bold type are for convenience only and do not affect interpretation;
      10. (includes) the word "includes" and similar words in any form is not a word of limitation; and
      11. (adverse interpretation) no provision of this Agreement will be interpreted adversely to a party because that party was responsible for the preparation of this Agreement or that provision.
  31. CONTACT US
    1. If you have any questions or concerns about our Site, Goods or Services, you may contact us by email at support@astonrx.com.
  32. GENERAL
    1. This Agreement is governed by the law applying in Victoria, Australia.
    2. Each party irrevocably submits to the exclusive jurisdiction of the courts of Victoria, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
    3. No party to this Agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
    4. Any term of this Agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this Agreement is not limited or otherwise affected.
    5. An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
    6. You cannot assign, novate or otherwise transfer any of its rights or obligations under the Agreement. However, we may assign, novate or otherwise transfer our rights and obligations under the Agreement to any other person.
    7. This Agreement, together with any other terms, conditions, agreements, or policies referred to in this Agreement, embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this Agreement.
    8. You agree that we are not responsible for anything that we may otherwise have no control over, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargos, postal or freight disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, pandemic or epidemic, or any other event beyond our control.
    9. The communications between you and AstonRX are undertaken by electronic means, whether you visit the Site or Services, or send AstonRX e-mails or other written notifications, or whether AstonRX posts notices on the Site or Services or communicates with you via e-mail or other written notification. For contractual purposes, you:
      1. consent to receive communications from AstonRX in an electronic form;
      2. agree that all terms, conditions, agreements, notices, disclosures and other communications that AstonRX provides to you electronically shall satisfy any legal requirements that such communications would satisfy if it were to be in writing; and
      3. agree that the foregoing does not affect your statutory rights.