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).
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:
If you think any Content on the Website is inappropriate, inaccurate, out of date, unlawful or infringes your rights, please contact us (refer to clause 13).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:
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.
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:
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):
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:
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 [email protected]
Rhythm Biosciences Limited (RHY, Company, we, us, our) is committed to handling your personal information in a uniform, equitable and ethical manner. The protection of your personal information is something RHY takes very seriously.
In conducting and operating our business we may collect, use and disclose personal information. Personal information will only be collected by lawful and fair means from the individual concerned or their authorised representative. The collection of ‘sensitive data’ will only be in accordance with the law.
RHY is bound by the Australian Privacy Principles (APPs) in the Privacy Act 1988 (Cth) and other State and Territory legislation in managing your personal information.
The personal information in which we may collect and retain includes when you:
We may also collect information about you from other sources, such as third parties who provide services to us.
If we receive personal information that we have not requested (unsolicited information) then we will destroy or de-identify the information if it is lawful and reasonable to do so.
Additionally, RHY may also conducts certain online activities through the RHY website. The collection of personal information through these activities and information associated with this website is dealt with below.
We may collect personal information about you which may include:
RHY collects, holds, uses, and discloses personal information to:
We do not sell personal information for marketing purposes to other organisations.
We protect personal information with appropriate safeguards and security measures and restrict access to those who have a legitimate business purpose and reason for accessing it. Personal information is only retained for as long as it is necessary for the identified purposes or as required by law.
Our website may contain links to websites operated by third parties. Unless expressly stated otherwise, we are not responsible for the privacy practices of, or any content on, or security of those linked websites, and have no control over or rights in those linked websites. The privacy policies that apply to those other websites may differ substantially from this Policy, so we encourage individuals to read them before using those websites.
You may request access to the personal information we hold about you. You can also request that corrections be made to it. We will respond to your request within a reasonable time.
There are some circumstances where we are not required to give you access to or correct your personal information. We will normally give you a written notice setting out our reasons for not complying with your request and informing you of how you can complain about our refusal.
There is no fee for requesting access to your personal information or for us to make corrections. However, we may charge a fee for our costs involved in collating and providing you with access to any personal information. If charged, that fee is payable before access is given.
We will endeavour to respond to your question, concern, or complaint within 2 working days.
If your concerns are not resolved to your satisfaction, you may be able to escalate your complaint to the Office of the Australian Information Commissioner on 1300 363 992 or by email on [email protected]. You can also visit their website and obtain further information relating to the Australian Privacy Legislation and the Australian Privacy Principles at www.oaic.gov.au
30 Flemington Road
Parkville VIC 3010