This Agreement was last modified on 6th June 2019.
Welcome to the Terms of Service for the ASTON RX METABOLIC PROGRAM (Aston Rx) website and any associated services. This is an agreement (“Agreement”) between, Body Business Pty Ltd (“BB”), the owner and operator of www.AstonRx.com (the “Site”), any Aston Rx services (“Service(s)”) and you (“you”, “your” or “user(s)”), a user of the Site and Service.
Throughout this Agreement, the words “Aston Rx,” “us,” “we,” and “our,” refer to our company, Body Business Pty Ltd and our Site or any Services, as is appropriate in the context of the use of the words.
Users of our Service must be 18 years of age or older, at a minimum you must be over the age of 13 with a parent’s permission to use our Site and Service. Users must be 18 years or older to purchase any of our products or Services.
All content created by Aston Rx is for informational and educational purposes only.
Any statements listed on our Site or Service have not been evaluated by any other national or international agencies.
None of the content or products offered on the Aston Rx Site are meant to diagnose, treat, alleviate or relieve any medical or health conditions.
The products and content found on the Site are not intended as a substitute for the advice provided by your physician or other healthcare professional.
You should always speak with your physician or other healthcare professional before adopting any treatment for a health problem or before using any of our products.
If you have or suspect that you have a medical problem, promptly contact your health care provider.
Never disregard, avoid, or delay obtaining medical advice from your doctor or other qualified health care provider because something you have read on our Site.
You should be in good health and physically fit when using our product or Service, failure to be in good health may result in adverse health consequences.
Please seek medical advice in regards to your health conditions and physical fitness.
If at any time you notice any unanticipated changes to your health (physical, mental or emotional), you should seek medical attention immediately.
Nutritional information provided on the Aston Rx website is based on extensive research of current, peer-reviewed scientific literature. Before relying on any nutritional information on this site, you should carefully evaluate the accuracy, completeness and relevance of this information to your purposes and health particularities, and consider the need to obtain appropriate expert advice relevant to your circumstances. We do not give any warranty that the information is free from error or suitable for your purposes.
Nutrient data published in a database may represent an average of the nutrient content of a particular sample of foods and ingredients, determined at a particular time. The nutrient composition of foods and 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.
Persons with pre-existing medical conditions, in poor health, or with any concerns as to commencement of new fitness regime should consult with an appropriate healthcare professional before beginning any fitness program. You are responsible to make your own inquiries and seek independent advice from a healthcare professional before acting on any information or material made available to you through our website. Our information service may not be suitable to your particular circumstances and is not a substitute for obtaining specific advice from a qualified health care professional.
You acknowledge that by participating in our information service you are doing so voluntarily and, depending on your particular circumstances, there may be risks to your health. You further acknowledge that these risks may be caused by your own acts or omissions, or those of other users of the Aston Rx website, or may be risks that are not known to you or are not readily foreseeable at the time of using the information service. This is a risk warning pursuant to the Australian Consumer Law. You assume all risks in connection with your participation in our information service. To the extent permitted by law, we exclude any express or implied warranties of reasonable care and skill.
Please be aware that any testimonials on the Site may not reflect the results that you may achieve. Results may vary and your experience may not be similar to the experience of the user testimonials.
Aston Rx may assign you a password and account information in order to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorised to access and use the Site in a manner consistent with the Terms. Aston Rx has no obligation to investigate the authorisation or source of any such access or use of the Site.
You will be solely responsible for all access to and use of this site by anyone using the password and identification originally assigned to you whether or not such access to and use of this site is actually authorised by you. This includes (without limitation) all communications and transmissions and all obligations (including without limitation, financial obligations) incurred through such access or use.
You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify Aston Rx of any unauthorised use of your password, or identification of any other breach (or threatened breach) of this Site’s security.
In order to purchase any Aston Rx products you will be required to provide us with your credit card information. Please be aware that all credit card information may be shared with our third party payment processors. By ordering an Aston Rx product or service, you agree that we may charge you the price listed at the checkout screen on our Site. If you have any issues with payment do not hesitate to contact us at admin@AstonRx.com.
The prices for services provided under this Agreement will be as set out on the website at the time you apply for the services. We reserve the right to alter, update, and/or change the prices for our services at any time. We may conduct such modifications to our pricing due to changes in the exchange rate values applicable at the time.
All prices are in AU dollars unless otherwise stated and inclusive of GST.
Aston Rx Online Shop – Supplements and other physical products
If you receive a damaged, defective or incorrect product, Aston Rx will either provide you with a reimbursement (including shipping charges) or replace the product at our cost.
If you wish to request a refund for damaged, incorrect or defective product/s, please contact us at admin@AstonRx.com.
You should expect to receive your refund within three to four weeks. This time period includes the transit time it takes for us to receive your return (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).
We do not offer refunds on our Programs.
The specific start date of your Program is listed on our Site and was selected by you at the time of purchase. If you are unable or unwilling to undertake the Program on your chosen date, we are unable to transfer the Program to another user of our Site and Service.
Prior to commencement, if the timing of the Program you selected is no longer suitable, we can pause your membership and transfer your start date to a date in the future of your choosing.
Once postponed, you will no longer have access to the website until your recommencement date.
Due to product demands, Aston Rx products may not be available at all times. If no products are available we will contact you and inform you of our product availability and projected delivery times. Although our product may be delayed or momentarily unavailable you agree that we may still charge your credit card and ship Aston Rx products when they become available.
If you have any questions or concerns about your order or if you have any questions about our products do not hesitate to contact us. You may contact us by email at admin@AstonRx.com.
After processing your payment, you will be granted access to our Program upon commencement of the program, as specified by your chosen registration date. Additional information about the Program can be found within our Site. Your access to your 28-day program will end following Day 28 if you do not opt to remain a member with the maintenance program.
The Maintenance program is charged via monthly direct debit. You may cancel your subscription at any time by editing your billing profile via your Dashboard, which will prohibit any further debits. If you request your service to be discontinued your access to the Program will be discontinued.
Orders generally arrive within 7 business days. You may be provided shipping details through the checkout screen on our Site or through your account. We use Australia Post to fulfill all of our physical orders. If you have not received your order, your order is damaged, or you require a refund, please contact us immediately at admin@AstonRx.com. Failure to contact us in a timely manner may affect your ability to return any products to us.
All applicable customs fees, taxes and duties are the sole responsibility of the customer. Customs authorities require that we state the value of your order directly on your package, which is the retail cost of your order. For more information on customs and duties charges, please contact your local customs office.
Please note that customs agents may inspect your order at their discretion. This may delay the delivery of some orders.
You agree that we may charge you taxes such as GST for any purchases through our Site and Service. 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. You agree that we are not responsible for providing you with advice in regards to your tax liabilities.
We reserve the right to alter, update, or remove our Service at any time. We may conduct such modifications to our Service for security reasons, intellectual property or other legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications. For example, we may provide updates to fix security flaws, or respond to legal demands. Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update the Service for security, legal or other purposes.
We make our Service available to you through our Site. When you use our Service, we grant you a personal, non-exclusive, revocable, limited license to use our Service and access our Site. This means you may not resell our Service anywhere else, share your license to use our Service with anyone else, reverse engineer, decompile, modify or otherwise attempt to copy our Service.
When using our Service, you are responsible for your use of Aston Rx, and for any use of Aston Rx made using your device. You also agree that your use of Aston Rx is for personal non-commercial use. You agree not to access, copy, or otherwise use Aston Rx (including our intellectual property and trademarks) except as authorized by these Terms of Service or as otherwise authorized in writing by Aston Rx.
You agree to the following:
If you believe that a user has breached any of the above conditions, please contact us at admin@AstonRx.com.
We do not guarantee that the Site will always be available, work, or be accessible at any particular time. Only users who are eligible to use our Site or Service may do so. We reserve the right to terminate access for anyone. We cannot guarantee that any products found on our Site or Service will work as advertised, or that they will give you the desired results.
The design of the Aston Rx Service along with Aston Rx created text, templates, scripts, graphics, interactive features and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Body Business Pty Ltd, subject to copyright and other intellectual property rights under Australian and foreign laws and international conventions. Aston Rx reserves all rights not expressly granted in and to the Service and the Site. You agree to not engage in the use, copying, or distribution of anything contained within the Site or Service unless we have given express written permission.
By uploading, transmitting, posting or otherwise making available any material via the Site and associated social media platforms, including providing us with any comments, feedback, ideas or suggestions, you grant us a non-exclusive, worldwide, royalty-free, perpetual license to use, reproduce, edit and exploit the material in any form and for any purpose, and unconditionally waive all moral rights as defined by the Commonwealth Copyright Act 1968.
Your use of this site is at your risk. The information, materials and services provided on or through this site are provided “as is” without any warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. Neither Aston Rx nor any of their respective affiliates warrant the accuracy or completeness of the information, materials or services provided on or through this web site. Although we in good faith believe that the information provided will help you live a healthier life, using our products or information may not give you the results you desire or may cause negative health consequences. For this reason we ask you to consult a doctor before using any of our products or programs and to be physically fit and in good health. The information, materials and services provided on or through this web site may be out of date, and neither Aston Rx nor any of their respective affiliates makes any commitment or assumes any duty to update such information, materials or services. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.
To the fullest extent permissible by applicable law, we hereby disclaim all warranties of any kind, either express or implied, including, any implied warranties with respect to the products and services listed or purchased on or through this web site. Except for the purposes of any “consumer guarantees” as defined by the schedule 2 of the competition and consumer act 2010 (“consumer act”), we hereby expressly disclaim all liability our service, for product defects or failures, claims that are due to your use of our service or products, product misuse, abuse, product modification, improper product selection, non-compliance with any codes, or misappropriation. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.
By accessing our website, you assume all risks associated with its use, including but not limited to the risk that your computer, software or data may be damaged by any virus, worm, Trojan horse and/or malware transmitted by this website or by any Third Party Content or Third Party Website. To the extent permitted by law, all warranties, conditions and claims (whether express or implied) arising out of or in any way connected with this website are hereby excluded. By accessing our website, you agree to indemnify and hold us harmless for any loss, damage, costs or expenses (including legal fees) whatsoever suffered by any person or entity arising out of or in any way connected with your access to this website.
In regards to any breach or failure to comply with any “consumer guarantees”, we may replace any goods or supply equivalent goods, repair such goods, or pay for the cost of repair. For any services, we may resupply the service or pay for the service to be supplied again.
For the purposes of this clause: “Australian Consumer Law” means schedule 2 of the Competition and Consumer Act 2010 and any equivalent state or territory legislation; “Consumer Guarantee” means right or guarantee you may have under the Australian Consumer Law or other rights in relation to the supply of goods or services that cannot lawfully be excluded; and “Consequential Loss” means any loss or damage suffered by a party or any other person that is indirect or consequential, including but not limited to loss of revenue, loss of income, loss of business, loss of profits, loss of goodwill or credit, loss of business reputation, loss of use, loss of interest, damage to credit rating or loss or denial of opportunity.
You agree to defend, indemnify and hold harmless Body Business Pty Ltd its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
This defense and indemnification obligation will survive this Agreement and your use of the Aston Rx Service. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
This Agreement shall be governed by the laws in force in the state of Victoria, Australia. The offer and acceptance of this contract is deemed to have occurred in Victoria, Australia.
You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction nearest to the state of Victoria, Australia.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.
You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, Aston Rx shall have the sole right to elect which provision remains in force. This Agreement is deemed to be the entire Agreement between you and Aston Rx.
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
If we determine that any of your actions may harm Aston Rx, we may terminate or suspend your account, or our Service without notice, though we will strive to provide a timely explanation in most cases. Please be aware that if we terminate your service, you must cease using our Site and pay to us all outstanding amounts owed. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. You agree that we are not required to provide you with access to our Site and Service and may terminate our Site and Service at any time and for any reason.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our website and our Service.
The communications between you and Aston Rx use electronic means, whether you visit the Site or Service or send Aston Rx e-mails, or whether Aston Rx posts notices on the Site or Service or communications with you via e-mail. For contractual purposes, you (1) consent to receive communications from Aston Rx in an electronic form; (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Aston Rx provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights
28-Day Program gift certificates expire after 12 months, are non-refundable and CANNOT be used for the Aston Rx Online Store.