Intellectual property - the intellectual property rights (including copyright, domain names, trademarks, trade names, brands, logos, patents, trade secrets, whether registered or unregistered) in this Website and/or over the Content are either owned by or licensed to BioAge (the IP Rights). You are entitled to use the term "BioAge" and "BioAge test" for the sole purposes of advertising the product to your clients, so long as you have current unused tests and an active membership. Other than for advertising purposes under these specific conditions, you shall not use any of the IP Rights without the prior written consent of BioAge. You are expressly prohibited from the reverse engineer or tampering with any software on the Website in any way.
Expiry of BioAge Credits - all credits will expire 6 months after the date of issue, unless mutually agreed with BioAge. However, BioAge reserves the right not to extend the date of expiry.
Aggregated data - BioAge will have the right to use your clients" aggregated, de-identified data for research and other purposes. This means that your client will not be identified personally and their data will be grouped with all other users for analysis and research purposes.
Exclusion of liability BioAge shall not be liable, in contract, tort (including negligence or breach of statutory duty) or otherwise for any damages or losses suffered by you or anyone that result from or in connection with:
No reliance - BioAge does not adopt, recommend or endorse the messages, articles, materials, advertisements, offerings, information, advice, tests, procedures, views or opinions found in this website (the Content) and BioAge expressly disclaims any liability to you in relation thereto. Any reliance on the Content shall be at your own risk, and you should always seek the advice of your doctor or other qualified health professionals before attempting to implement or utilise any of the Content in any way, shape or form, including but not limited to Content pertaining any health, wellbeing and lifestyle advice that you give to your clients as a results of completing a BioAge test.
General information only - BioAge does not provide medical advice and does not guarantee that the BioAge is a scientifically true and valid representation of an individual"s health status. The Content is for general informational purposes only, and is not intended to constitute or be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your doctor or other qualified health professional on any issues you may have regarding a medical condition.
Warranties - The Content is provided "as is", “where is” and without warranties of any kind whether express, implied, statutory or otherwise. In particular BioAge make no warranties or representations as to the accuracy, adequacy, ownership, or third party rights over the Content.
Compliance - BioAge does not represent that the Content is appropriate, lawful or available at and from all locations. In accessing and using this Website you are solely responsible for compliance with local or supranational laws, rules, by-laws and regulations that may be in force in your location. BioAge has the right but not the obligation to add, edit or remove any part of the Content including those posted or submitted by you at any time in our sole discretion.
Manner of use- You agree not to: (i) upload viruses, malicious spying tracking or harvesting software; (ii) hack, post content or use the website in a manner that may be illegal
Termination - BioAge may block, suspend or terminate your membership, use and/or access to the Website without cause at any time and without notice to you at its sole and exclusive discretion. Upon termination, all of your unredeemed tests are immediately and irreversibly forfeited, and you agree that in such circumstance you agree to the forfeiture of such and that you have no recourse against BioAge, whether for compensation or otherwise.
Confidentiality of account password - You are strictly liable for protecting the confidentiality of your accounts and passwords and for all actions taken under your accounts. You shall hold BioAge harmless and we shall not be liable for any damages or losses to you or third parties whatsoever resulting from the unauthorized use of your accounts and passwords. Further you shall be liable for any damage or loss suffered by BioAge and/or third parties arising from such unauthorised use. All references to "you", "your", "access" and "use" in these Terms shall include unauthorized access and/or use made under your accounts.
Indemnity - You agree to fully indemnify and keep BioAge fully indemnified against all proceedings, expenses, liabilities, legal costs on a solicitor client basis, and loss or damage suffered arising out of your breach, negligent performance or failure in performance of these Terms.
Loss of profit - In any event, and notwithstanding anything contained in these Terms, in no circumstances shall BioAge be liable to you, in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever, and whatever the cause thereof, (i) for any increased costs or expenses, or (ii) for any loss of profit, business, contracts, revenues, or anticipated savings, or (iii) for any special, indirect or consequential damage of any nature whatsoever.
Waiver - In no event shall any delay, failure or omission on BioAge"s part in enforcing, exercising or pursuing any right, power, privilege, claim or remedy, which is conferred by these Terms, or arises thereunder or arises from any breach by you of these Terms, be deemed to be or be construed as, (i) a waiver thereof, or of any other such right power privilege claim or remedy, in respect of the particular circumstances in question, or (ii) operate so as to bar the enforcement or exercise thereof, or of any other such right, power, privilege, claim or remedy, in any other instance at any time or times thereafter.
Illegality - If any provision shall be held to be illegal or unenforceable, in whole or in part, under any enactment or rule of law, such provision shall to that extent be deemed not to form part of these Terms but the validity and enforceability of the remainder of the Terms shall not be affected.
Third party rights - No Term is intended for the benefit of any third party, and the parties do not intend that any Term should be enforceable by a third party either under the Contracts (Rights of Third Parties) Act (Cap. 53B) (as from time to time amended, extended, or re-enacted even after the date of this Agreement) or otherwise.
Variation - BioAge may vary these Terms at any time and in any manner without notice to you.
Governing law & arbitration - These Terms and our relationship shall be governed by and construed in accordance with the laws of the Commonwealth of Australia and as otherwise set out herein below. Any dispute, controversy or claim arising out of, relating to or in connection with this contract, including any question regarding its existence, validity or termination, shall be resolved by mediation in accordance with the ACICA Mediation Rules. The mediation shall take place in Melbourne, Australia and be administered by the Australian Centre for International Commercial Arbitration (ACICA). If the dispute has not been settled pursuant to the said Rules within sixty (60) days following the written invitation to mediate or within such other period as the parties may agree in writing, the dispute shall be resolved by arbitration in accordance with the ACICA Arbitration Rules. The seat of arbitration shall be Sydney, Australia however te place of arbitration shall be Melbourne, Australia. The language of the arbitration shall be English. The number of arbitrators shall be one.