The website available at www.rhythmio.com (‘Website’) is operated by Rhythm Biosciences Ltd (ABN: 59 619 459 335) and its related bodies corporate (RHY, we, us).

1. Acceptance

By accessing or using the Website you agree to be bound by the RHY Website Terms of Use (Terms). If you do not agree with these Terms (including any amendments to these terms) you must immediately cease using the Website.

These Terms apply to all users of the Website. If you sign up to any of our services, or download our apps or software, if and where applicable, then additional terms and conditions may apply (Additional Terms). To the extent of any inconsistency between any relevant Additional Terms and these Terms, the Additional Terms prevail.

2. Amendments to Terms

We may amend these Terms at any time or for any reason following 7 days’ notice on our Website (unless the changes are required to comply with any law, in which case such changes take effect immediately). You should check the Website from time to time to make sure you are aware of any changes.

3. Intellectual Property Rights

The intellectual property rights contained and associated with the Website and all materials (including all text, data, graphics, logos, software and any other multimedia) made available via the Website (Content) are either owned by RHY, or licensed to us, and all rights in the Content is reserved.

We grant you a limited right to access the Website and view the Content, subject to these Terms. You must not copy, modify, adapt, publish, transmit, commercially exploit, reproduce or distribute any Content unless you have first obtained our written consent to do so. RHY reserves the right to review, edit, move or delete any Content at any time without notice.

If you upload any content or material to the Website or provide us with any ideas, concepts or suggested improvements to the Content or our services (User Content), you grant us a non-exclusive and royalty-free licence to use, modify, adapt, publish and exploit the User Content for any purpose without reference to you. You warrant that you have all rights and permissions necessary to provide, upload and grant the licence to the User Content to us and you agree to indemnify RHY if any third party takes action against us in relation to the User Content you provide. If you post any User Content to our Website, we have the right to take it down or modify it at our sole discretion and without notice.

4. Use of the Website

When using and accessing the Website you must comply with all laws. You also must not:

• use data mining or similar data gathering tools on the Website or in relation to any Content;

• use the Website to send unsolicited email, junk mail, ‘spam’, or chain letters, or promotions or advertisements for products or services;
• upload, post or transmit any defamatory, abusive, racist, obscene, threatening or pornographic content to the Website or any materials which infringe the rights (including intellectual property rights) of RHY or any third party;

• upload or permit any virus or malicious code to adversely affect the Website or any associated equipment, or interfere with or disrupt the operation of the Website;
• reverse engineer, decompile or disassemble, or otherwise attempt to derive the source code of, the Website or Content any part thereof;

• use the Website to mislead or deceive others; or
• collect or store data about other users of the Website or interfere with any other user of the Website.

If you think any Content on the Website is inappropriate, inaccurate, out of date, unlawful or infringes your rights, please contact us (refer to clause 13).

5. Linking and framing

The Website may contain links to other websites and may display content or information (including advertisements) from other websites. RHY is not responsible or liable for that content and does not warrant the accuracy, completeness, currency or suitability of that content for any purpose. RHY is not responsible or liable for:

• the availability or accuracy of such websites or resources; or

• the content, products, or services on or available from such websites or resources.

Links to such websites or resources do not imply any endorsement by RHY of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from the use of any such websites or resources.

6. Privacy

Any personal information collected through your use of the Website will be dealt with in accordance with our Privacy Policy.

7. Termination or suspension of the Website

RHY has the right to terminate or suspend the operation of the Website (including in part) for any reason, without notice and without liability. RHY may (without limitation) suspend the Website to conduct maintenance or to implement updates.

8. Monitoring by RHY

You acknowledge that RHY has no obligation to monitor your use of the Website, but it has the right to do so at any time for its own business purposes, including as required to determine your compliance with these Terms or to comply with any law or government authority request.

9. RHY does not provide medical advice

RHY is not a medical organisation and cannot give you medical advice or diagnose conditions. The Content is provided for information purposes only and should not be used to diagnose or treat any medical condition. Always seek and never disregard the advice of your doctor or other qualified healthcare providers regarding a medical condition. If you experience any pain or exacerbation or have a change in medical condition, you should immediately seek medical assistance.

RHY does not perform any independent analysis or investigation of any of the Content. RHY does not assume, and expressly disclaims, any obligation to obtain and include any information other than that provided in the Content. RHY does not endorse or advocate the use of any product or procedure described in the Content, nor is RHY responsible for misuse of a product or procedure referred to in the Content.

The Website and Content is provided ‘as is’. Subject to clause 10, to the maximum extent permitted by law, RHY excludes all warranties, representations, implied terms and guarantees about the currency, accuracy, completeness, suitability, functionality, fitness for any purpose or reliability of the Website or any of its Content. Without limitation, RHY does not warrant that:

• the Website or any of its functions will be uninterrupted or error free;

• defects will be corrected; or
• the Website or any server that makes it available is free of errors, viruses or malicious code.

10. No exclusion of your statutory rights

Nothing in these Terms is intended to exclude, restrict, or modify the application of any applicable statutory consumer protections. In respect of any conditions, warranties and guarantees which cannot be excluded under statute (including the Australian Consumer Law), to the extent permitted by law, the liability of RHY for a breach of such condition, warranty or guarantee is limited to any of the following (the choice of which is to be at RHY’s discretion, to be exercised reasonably):

• in the case of goods, any one or more of the following:
  • the replacement of the goods or the supply of equivalent goods;
  • the repair of 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; and
• in the case of services:
  • supplying of the services again; or
  • the payment of the cost of having the services supplied again.

11. Exclusion of liability

Subject to clause 10, to the maximum extent permitted by law, RHY and its directors, officers, employees and agents exclude all liability for any loss or damage (including, without limitation, direct, indirect, special or consequential loss, loss of use, loss of data, loss of business or profits, business interruption or loss of opportunity) which you suffer or incur, whether arising under contract, tort (including negligence), equity, statue, or otherwise, as a result of:

• using the Website;

• relying or any Content available on or from the Website (or content from websites linked to our Website);
• any inability to access or use the Website; or

• any Content (or content from websites linked to our Website) being incorrect, incomplete or not up to date.

12. General

These Terms are to be governed by and construed in accordance with the law in force in Victoria, Australia and you unconditionally submit to the non-exclusive jurisdiction of the courts having jurisdiction there.

Although Australian websites may be accessed outside of Australia, we make no representation that the Content or the Website complies with the laws of any other country. If you access the Website from outside Australia you are solely responsible for ensuring compliance with your local laws.

If RHY does not take action in relation to a particular breach of these Terms, this will not be treated as a waiver by RHY of any right or remedy in respect of any existing or future breach of these Terms.

13. Contact details

You can contact RHY at info@rhythmbio.com

These Terms of Use were last updated on 15 May 2023.