Common use of Research Data Clause in Contracts

Research Data. If You are a Participant in a Research Project, You acknowledge that We will collect and generate Data from and in connection with the Research Project, including with respect to Your participation and the provision of the Microbiome Services to You (Research Data). This Research Data may include, without limitation, raw and analysed data, microorganism DNA ▇▇▇▇▇▇▇▇ ▇▇▇▇, metagenome-assembled genomes (MAGs), genome metadata and survey metadata. You acknowledge and agree that, to the extent permitted by law, the Research Data will be owned by Us. To the extent that title to any Research Data does not or cannot vest in, or be assigned to, Us, You grant to Us a perpetual, irrevocable, world-wide, non-exclusive, royalty free and fee-free licence (with a right to sub-licence and assign) to use that Research Data for the purposes set out in the applicable Participant Information Sheet and any other purposes that We see fit. You acknowledge that Our use of any Research Data may be subject to any agreement We may have with Our Research Partners. You acknowledge that You will not acquire any rights in any works or research or commercial products that may be discovered, developed or derived by Us or Our licensees from any Research Data. All such rights are owned by Us or Our licensees (as the case may be). Intellectual Property We and our licensors (as applicable) own all Intellectual Property in Microba (including without limitation text, graphics, architecture and coding and any copyright subsisting in them). We own all trade marks, branding and logos contained in, or relating to, Microba and you cannot use them for any purpose without our express written consent. Without limiting the above, all Intellectual Property rights in all Microbiome Reports are owned by Us. If We provide You with a Microbiome Report as part of the Microbiome Services, You may access and download Your Microbiome Report and may disclose such information to family and medical professionals for the purposes of obtaining medical advice, however You must not modify, publish, transmit, distribute, participate in the transfer or sale, create derivative works, or in any way exploit, Your Microbiome Report in whole or in part without Our prior written permission. Outcomes and reliance on information or prevent any condition or disease. While we provide information and perform the Microbiome Services, we do not give medical advice and any concerns You might have should be directed to Your health care practitioner. Any and all information We provide to You (including any information set out in any Microbiome Report) must not be considered a substitute for medical advice or a doctor’s consultation, evaluation or treatment, and You should discuss any information set out in Your Microbiome Report with a medical professional. You accept liability for any decision made (or not made) or action taken (or not taken) in reliance on any information contained or omitted from Your Microbiome Report. You must not disregard professional advice, or delay seeking it, because of any information contained in Your Microbiome Report. Microbiome Coaching Services and third-party service providers We may offer You Microbiome Coaching Services as part of the Microbiome Services or in connection with Your participation in any Research Project. As part of such Microbiome Coaching Services, You agree that We and Our personnel may access and use Your User Information and Microbiome Report for the purpose of discussing the Microbiome Report and Our services with You (whether via online screen sharing or otherwise). Our Fees for such Microbiome Coaching Services (if any) will be set out on Our Website or as otherwise notified by Us. Any information provided to you through the Microbiome Coaching Services is for your general information and use only and must not be considered a substitute for medical advice. We will not diagnose conditions as part of Our Microbiome Coaching Services. We may also provide details of preferred external service providers from time to time (including dieticians and doctors). We only provide such details for User convenience and do not specifically endorse any external service provider, organisation, association or entity referred to in, or linked to, Our Website. It is your responsibility to make your own decisions about what health care professional or other external service provider You use. You acknowledge that we may have commercial cross-referral agreements in place with external service providers from time to time. Advertisement information and cookies on Our Website We may allow certain third parties to post information (including advertisements or promotions) on the Website. We are not responsible for any incorrect, inaccurate, incomplete or unreliable information provided by such third parties. You are solely responsible for relying on any such information. You may not copy, duplicate, distribute, display, sell, translate, publish, transmit or modify any such information without express consent from Us. Advertisements displayed on the Website may set cookies. These cookies, which are industry standard and used by most websites, allow the ad server to recognise Your computer each time they Nothing contained in any Microbiome Report or on Our Website should be construed as medical advice. Any information We provide to You (including information set out in Your Microbiome Report or on Our Website) is provided on an “as is” basis for general information only and must not be considered professional medical advice or a recommendation. You must not rely on such information and should not make any decisions in reliance on such information. We are not a medical or health provider and the Microbiome Services are not supported by clinical verification. Any information We provide (including any Microbiome Report) is not intended to diagnose conditions nor prescribe the use of any remedy, diet or lifestyle practice. We will not diagnose, treat identification information about You or others who use Your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to You. If You do not want information to be collected through the use of cookies, there is a simple procedure in most browsers that allows You to deny or accept the cookie feature. But please be aware that denying the cookie feature may prevent You from taking full advantage of the Website. External sites In using Microba, You may come across links or references to external merchants or suppliers. Please be aware that We do not make any promises about what they may supply to You. Therefore, any transaction You have with these merchants are between You and these merchants, and We do not get involved. By accessing external Website links to these merchants and other sites through Microba, We do not promise that they are appropriate, that they work or that they are virus free. We accept no responsibility for them or for any loss or damage that may arise from Your use of them. Access to Microba We reserve the right to suspend, withdraw, discontinue or amend all or any part of Microba without notice. We will not be liable if, for any reason, Microba is unavailable at any time or for any period. From time to time, We may restrict access to all or any part of Microba. You are responsible for making all arrangements necessary for You to have access to the Website. You are also responsible for ensuring that all persons who access the Website through Your internet connection are aware of these Terms, and that they comply with them. Unauthorised access or use of Microba may give rise to a claim for damages and/or be a criminal offence. Changes to the Microba and its availability We may change or improve Microba at any time. We may also stop making Microba available or modify its availability in any way. We are under no obligation to update any material that may be out of date at any given point in time. We will always try to give You notice of any significant changes to Microba or its availability before such changes take effect, although this may not always be possible. To the maximum extent permitted by law, We do not accept liability for any damage or loss which You may suffer or incur as a result of such changes. Prohibited uses Promotions and voucher codes We may offer and distribute voucher codes from time to time. A voucher code is a code that must be entered at checkout on transactions for certain Microbiome Services in order to receive a discount or other benefit as determined by Us. Each voucher code is subject to these Terms and any other specific terms and conditions as set out by Us in relation to the voucher code offer (for example on our Website or otherwise notified by Us to You). Voucher codes are not redeemable for cash, are valid for qualifying purchases only (as determined by Us) and must be redeemed within the validity period. Unless stated otherwise, voucher codes may only be used once. We do not accept any liability for lost voucher codes. Voucher codes are not transferable unless specifically authorised by Us. We reserve the right in Our absolute discretion to refuse any voucher code (or to otherwise refuse to provide any Microbiome Services associated with any voucher code) where We suspect the voucher code has been leaked, stolen or misused or the voucher code has expired. Security and integrity You must not violate the security of Microba in any way. We may suspend or cancel Your account and Your access to Microba, or otherwise terminate Your participation in any Research Project, if We suspect any security violation. We may also inform any law enforcement body of any suspected unauthorised or criminal activity. Examples of security violations include: • attempting to gain unauthorised access to any part of Our servers or system infrastructure You were not intended to have access to; • use Microba in a way that was not intended by Us; • attempting to reverse engineer Microba or any system You agree that You will only use Microba for lawful purposes. If You send or post information on or using Microba, You are responsible for anything You send or post. You must not send or post anything that is offensive; infringes any person’s rights; is against any applicable law; or which We think is inappropriate. You must ensure that Your access to and use of Microba is not illegal or prohibited by any laws which apply to You. By participating in any Research Project or otherwise using Microba, You represent and warrant that You will not: • infringe the rights of any other person, including without limitation any Intellectual Property rights; • defame another person; • provide false information, misleading or inaccurate information to Us or any other User; • impersonate, or otherwise misrepresent affiliation, connection or association with, any person or entity; • disclose another person’s confidential information or otherwise contravene Your privacy obligations or any other person’s privacy obligations; • use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information from Microba for any purpose, including without limitation use on third-party websites; • attempt to probe, scan, or test the vulnerability of Microba or any associated system or network, or breach security or authentication measures without proper authorisation; • threaten, offend or abuse Us or another User; or • do any which is otherwise, in Our view, inappropriate or harmful to Microba. • interfering with or disrupting (or attempting to interfere or disrupt) any servers or networks connected to Microba; • sending or storing any harmful code (including, for example, any computer virus, trojan, worm or other code that is harmful or disabling or which assists in or enables unauthorised access to or corruption of data); or • using any feature of Microba or any other means to send unsolicited commercial correspondence to other Users. Disclaimer of warranties By participating in any Research Project, accessing our Website or otherwise using Microba, to the extent permitted by law You assume all risks associated with such participation, access and use. The Microbiome Services are subject to continuing research, clinical experience, reasonable differences in opinions among authorities, unique aspects of individual situations and the possibility of human error. We cannot promise or guarantee any specific outcomes from Your use of Microba or Your participation in any Research Project. To the extent permitted by law, no representation or warranty (express or implied) is made: • as to the outcomes, currency, completeness, accuracy, reliability, suitability, and/or availability of Microba, any Research Project, the Microbiome Services or Your Microbiome Report (if any); and • that Microba, the Microbiome Services or Your Microbiome Report (if any) will meet your health or medical requirements. Limitation of liability To the maximum extent permitted by law (including the Australian Consumer Law), We (and our directors, employees and agents) do not accept any liability for, and You agree to release us from any claim in relation to any loss, howsoever caused, suffered or incurred by you arising from Your use of Microba or Your participation in any Research Project (including without limitation any Consequential Loss or damage and any loss arising through negligence). Without limiting the above, to the extent permitted by law (including the Australian Consumer Law), any liability we do will, to the extent required, be severed from these Terms and rendered ineffective as far as possible without modifying the remaining provisions of these Terms, and will not in any way affect any other circumstances of or the validity or enforcement of these Terms. Interpretation owe (including any liability for failure to comply with consumer guarantees required by the Australian Consumer Law) is limited to the amount you paid to use Microba, or (if we choose) us providing the service or product again. Indemnity and release You agree to indemnify Us (and Our directors, employees and agents) from and against all claims, liabilities, losses and expenses (including reasonable legal fees on a full indemnity basis) that arise from: • any reliance on any information We provide to You; • any breach of these Terms by You; • any breach of any rights of a third party by You; or • any breach of any applicable law by You. Changes to and breaches of these terms We may change these Terms at any time by posting updated Terms on Our Website. You are expected to stay up to date with any such changes that We make to these Terms, as they are binding on You. If You continue to access Microba after such changes take effect, You are taken to have agreed to the changes. Some provisions contained in these Terms may be superseded by provisions or notices published elsewhere on Our Website. We reserve the right to investigate any suspected non-compliance with, or breach of, any provision contained in these Terms for any reason. We also reserve the right to suspend or terminate a User’s right to access Microba for any reason. This includes, but is not limited to, where We reasonably believe that a User is in breach of a provision of these Terms. Force majeure We will not be liable for any delay or failure in the timely performance by Us in the performance of the Microbiome Services if such delay or failure is caused by occurrences beyond Our control.

Research Data. If You are a Participant in a Research Project, You acknowledge that We will collect and generate Data from and in connection with the Research Project, including with respect to Your participation and the provision of the Microbiome Services to You (Research Data). This Research Data may include, without limitation, raw and analysed data, microorganism DNA ▇▇▇▇▇▇▇▇ ▇▇▇▇, metagenome-metagenome- assembled genomes (MAGs), genome metadata and survey metadata. You acknowledge and agree that, to the extent permitted by law, the Research Data will be owned by Us. To the extent that title to any Research Data does not or cannot vest in, or be assigned to, Us, You grant to Us a perpetual, irrevocable, world-wide, non-non- exclusive, royalty free and fee-free licence (with a right to sub-licence and assign) to use that Research Data for the purposes set out in the applicable Participant Information Sheet and any other purposes that We see fit. You acknowledge that Our use of any Research Data may be subject to any agreement We may have with Our Research Partners. You acknowledge that You will not acquire any rights in any works or research or commercial products that may be discovered, developed or derived by Us or Our licensees from any Research Data. All such rights are owned by Us or Our licensees (as the case may be). Intellectual Property We and our licensors (as applicable) own all Intellectual Property in Microba (including without limitation text, graphics, architecture and coding and any copyright subsisting in them). We own all trade marks, branding and logos contained in, or relating to, Microba and you cannot use them for any purpose without our express written consent. Without limiting the above, all Intellectual Property rights in all Microbiome Reports are owned by Us. If We provide You with a Microbiome Report as part of the Microbiome Services, You may access and download Your Microbiome Report and may disclose such information to family and medical professionals for the purposes of obtaining medical advice, however You must not modify, publish, transmit, distribute, participate in the transfer or sale, create derivative works, or in any way exploit, Your Microbiome Report in whole or in part without Our prior written permission. Outcomes Nothing contained in any Microbiome Report or on Our Website should be construed as medical advice. Any information We provide to You (including information set out in Your Microbiome Report or on Our Website) is provided on an “as is” basis for general information only and must not be considered professional medical advice or a recommendation. You must not rely on such information and should not make any decisions in reliance on such information. We are not a medical or health provider and the Microbiome Services are not supported by clinical verification. Any information We provide (including any Microbiome Report) is not intended to diagnose conditions nor prescribe the use of any remedy, diet or lifestyle practice. We will not diagnose, treat or prevent any condition or disease. While we provide information and perform the Microbiome Services, we do not give medical advice and any concerns You might have should be directed to Your health care practitioner. Any and all information We provide to You (including any information set out in any Microbiome Report) must not be considered a substitute for medical advice or a doctor’s consultation, evaluation or treatment, and You should discuss any information set out in Your Microbiome Report with a medical professional. You accept liability for any decision made (or not made) or action taken (or not taken) in reliance on any information contained or omitted from Your Microbiome Report. You must not disregard professional advice, or delay seeking it, because of any information contained in Your Microbiome Report. Microbiome Coaching Services and third-party service providers We may offer You Microbiome Coaching Services as part of the Microbiome Services or in connection with Your participation in any Research Project. As part of such Microbiome Coaching Services, You agree that We and Our personnel may access and use Your User Information and Microbiome Report for the purpose of discussing the Microbiome Report and Our services with You (whether via online screen sharing or otherwise). Our Fees for such Microbiome Coaching Services (if any) will be set out on Our Website or as otherwise notified by Us. Any information provided to you through the Microbiome Coaching Services is for your general information and use only and must not be considered a substitute for medical advice. We will not diagnose conditions as part of Our Microbiome Coaching Services. We may also provide details of preferred external service providers from time to time (including dieticians and doctors). We only provide such details for User convenience and do not specifically endorse any external service provider, organisation, association or entity referred to in, or linked to, Our Website. It is your responsibility to make your own decisions about what health care professional or other external service provider You use. You acknowledge that we may have commercial cross-referral agreements in place with external service providers from time to time. Advertisement information and cookies on Our Website We may allow certain third parties to post information (including advertisements or promotions) on the Website. We are not responsible for any incorrect, inaccurate, incomplete or unreliable information provided by such third parties. You are solely responsible for relying on any such information. You may not copy, duplicate, distribute, display, sell, translate, publish, transmit or modify any such information without express consent from Us. Advertisements displayed on the Website may set cookies. These cookies, which are industry standard and used by most websites, allow the ad server to recognise Your computer each time they Nothing contained in any Microbiome Report or on Our Website should be construed as medical advice. Any information We provide send You an online advertisement to You (including information set out in Your Microbiome Report or on Our Website) is provided on an “as is” basis for general information only and must not be considered professional medical advice or a recommendation. You must not rely on such information and should not make any decisions in reliance on such information. We are not a medical or health provider and the Microbiome Services are not supported by clinical verification. Any information We provide (including any Microbiome Report) is not intended to diagnose conditions nor prescribe the use of any remedy, diet or lifestyle practice. We will not diagnose, treat compile non-personal identification information about You or others who use Your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to You. If You do not want information to be collected through the use of cookies, there is a simple procedure in most browsers that allows You to deny or accept the cookie feature. But please be aware that denying the cookie feature may prevent You from taking full advantage of the Website. External sites In using Microba, You may come across links or references to external merchants or suppliers. Please be aware that We do not make any promises about what they may supply to You. Therefore, any transaction You have with these merchants are between You and these merchants, and We do not get involved. By accessing external Website links to these merchants and other sites through Microba, We do not promise that they are appropriate, that they work or that they are virus free. We accept no responsibility for them or for any loss or damage that may arise from Your use of them. Access to Microba We reserve the right to suspend, withdraw, discontinue or amend all or any part of Microba without notice. We will not be liable if, for any reason, Microba is unavailable at any time or for any period. From time to time, We may restrict access to all or any part of Microba. You are responsible for making all arrangements necessary for You to have access to the Website. You are also responsible for ensuring that all persons who access the Website through Your internet connection are aware of these Terms, and that they comply with them. Unauthorised access or use of Microba may give rise to a claim for damages and/or be a criminal offence. Changes to the Microba and its availability We may change or improve Microba at any time. We may also stop making Microba available or modify its availability in any way. We are under no obligation to update any material that may be out of date at any given point in time. We will always try to give You notice of any significant changes to Microba or its availability before such changes take effect, although this may not always be possible. To the maximum extent permitted by law, We do not accept liability for any damage or loss which You may suffer or incur as a result of such changes. Prohibited uses Promotions and voucher codes We may offer and distribute voucher codes from time to time. A voucher code is a code that must be entered at checkout on transactions for certain Microbiome Services in order to receive a discount or other benefit as determined by Us. Each voucher code is subject to these Terms and any other specific terms and conditions as set out by Us in relation to the voucher code offer (for example on our Website or otherwise notified by Us to You). Voucher codes are not redeemable for cash, are valid for qualifying purchases only (as determined by Us) and must be redeemed within the validity period. Unless stated otherwise, voucher codes may only be used once. We do not accept any liability for lost voucher codes. Voucher codes are not transferable unless specifically authorised by Us. We reserve the right in Our absolute discretion to refuse any voucher code (or to otherwise refuse to provide any Microbiome Services associated with any voucher code) where We suspect the voucher code has been leaked, stolen or misused or the voucher code has expired. Security and integrity You must not violate the security of Microba in any way. We may suspend or cancel Your account and Your access to Microba, or otherwise terminate Your participation in any Research Project, if We suspect any security violation. We may also inform any law enforcement body of any suspected unauthorised or criminal activity. Examples of security violations include: • attempting to gain unauthorised access to any part of Our servers or system infrastructure You were not intended to have access to; • use Microba in a way that was not intended by Us; • attempting to reverse engineer Microba or any system You agree that You will only use Microba for lawful purposes. If You send or post information on or using Microba, You are responsible for anything You send or post. You must not send or post anything that is offensive; infringes any person’s rights; is against any applicable law; or which We think is inappropriate. You must ensure that Your access to and use of Microba is not illegal or prohibited by any laws which apply to You. By participating in any Research Project or otherwise using Microba, You represent and warrant that You will not: • infringe the rights of any other person, including without limitation any Intellectual Property rights; • defame another person; • provide false information, misleading or inaccurate information to Us or any other User; • impersonate, or otherwise misrepresent affiliation, connection or association with, any person or entity; • disclose another person’s confidential information or otherwise contravene Your privacy obligations or any other person’s privacy obligations; • use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information from Microba for any purpose, including without limitation use on third-party websites; • attempt to probe, scan, or test the vulnerability of Microba or any associated system or network, or breach security or authentication measures without proper authorisation; • threaten, offend or abuse Us or another User; or • do any which is otherwise, in Our view, inappropriate or harmful to Microba. • interfering with or disrupting (or attempting to interfere or disrupt) any servers or networks connected to Microba; • sending or storing any harmful code (including, for example, any computer virus, trojan, worm or other code that is harmful or disabling or which assists in or enables unauthorised access to or corruption of data); or • using any feature of Microba or any other means to send unsolicited commercial correspondence to other Users. Disclaimer of warranties By participating in any Research Project, accessing our Website or otherwise using Microba, to the extent permitted by law You assume all risks associated with such participation, access and use. The Microbiome Services are subject to continuing research, clinical experience, reasonable differences in opinions among authorities, unique aspects of individual situations and the possibility of human error. We cannot promise or guarantee any specific outcomes from Your use of Microba or Your participation in any Research Project. To the extent permitted by law, no representation or warranty (express or implied) is made: • as to the outcomes, currency, completeness, accuracy, reliability, suitability, and/or availability of Microba, any Research Project, the Microbiome Services or Your Microbiome Report (if any); and • that Microba, the Microbiome Services or Your Microbiome Report (if any) will meet your health or medical requirements. Limitation of liability To the maximum extent permitted by law (including the Australian Consumer Law), We (and our directors, employees and agents) do not accept any liability for, and You agree to release us from any claim in relation to any loss, howsoever caused, suffered or incurred by you arising from Your use of Microba or Your participation in any Research Project (including without limitation any Consequential Loss or damage and any loss arising through negligence). Without limiting the above, to the extent permitted by law (including the Australian Consumer Law), any liability we do will, to the extent required, be severed from these Terms and rendered ineffective as far as possible without modifying the remaining provisions of these Terms, and will not in any way affect any other circumstances of or the validity or enforcement of these Terms. Interpretation owe (including any liability for failure to comply with consumer guarantees required by the Australian Consumer Law) is limited to the amount you paid to use Microba, or (if we choose) us providing the service or product again. Indemnity and release You agree to indemnify Us (and Our directors, employees and agents) from and against all claims, liabilities, losses and expenses (including reasonable legal fees on a full indemnity basis) that arise from: • any reliance on any information We provide to You; • any breach of these Terms by You; • any breach of any rights of a third party by You; or • any breach of any applicable law by You. Changes to and breaches of these terms We may change these Terms at any time by posting updated Terms on Our Website. You are expected to stay up to date with any such changes that We make to these Terms, as they are binding on You. If You continue to access Microba after such changes take effect, You are taken to have agreed to the changes. Some provisions contained in these Terms may be superseded by provisions or notices published elsewhere on Our Website. We reserve the right to investigate any suspected non-compliance with, or breach of, any provision contained in these Terms for any reason. We also reserve the right to suspend or terminate a User’s right to access Microba for any reason. This includes, but is not limited to, where We reasonably believe that a User is in breach of a provision of these Terms. Force majeure We will not be liable for any delay or failure in the timely performance by Us in the performance of the Microbiome Services if such delay or failure is caused by occurrences beyond Our control.

Research Data. If You are a Participant in a Research Project, You acknowledge that We will collect and generate Data from and in connection with the Research Project, including with respect to Your participation and the provision of the Microbiome Services to You (Research Data). This Research Data may include, without limitation, raw and analysed data, microorganism DNA ▇▇▇▇▇▇▇▇ ▇▇▇▇, metagenome-assembled genomes (MAGs), genome metadata and survey metadata. You acknowledge and agree that, to the extent permitted by law, the Research Data will be owned by Us. To the extent that title to any Research Data does not or cannot vest in, or be assigned to, Us, You grant to Us a perpetual, irrevocable, world-wide, non-non- exclusive, royalty free and fee-free licence (with a right to sub-sub- licence and assign) to use that Research Data for the purposes set out in the applicable Participant Information Sheet and any other purposes that We see fit. You acknowledge that Our use of any Research Data may be subject to any agreement We may have with Our Research Partners. You acknowledge that You will not acquire any rights in any works or research or commercial products that may be discovered, developed or derived by Us or Our licensees from any Research Data. All such rights are owned by Us or Our licensees (as the case may be). Intellectual Property We and our licensors (as applicable) own all Intellectual Property in Microba (including without limitation text, graphics, architecture and coding and any copyright subsisting in them). We own all trade marks, branding and logos contained in, or relating to, Microba and you cannot use them for any purpose without our express written consent. Without limiting the above, all Intellectual Property rights in all Microbiome Reports are owned by Us. If We provide You with a Microbiome Report as part of the Microbiome Services, You may access and download Your Microbiome Report and may disclose such information to family and medical professionals for the purposes of obtaining medical advice, however You must not modify, publish, transmit, distribute, participate in the transfer or sale, create derivative works, or in any way exploit, Your Microbiome Report in whole or in part without Our prior written permission. Outcomes and reliance on information Nothing contained in any Microbiome Report or on Our Website should be construed as medical advice. Any information We provide to You (including information set out in Your Microbiome Report or on Our Website) is provided on an “as is” basis for general information only and must not be considered professional medical advice or a recommendation. You must not rely on such information and should not make any decisions in reliance on such information. We are not a medical or health provider and the Microbiome Services are not supported by clinical verification. Any information We provide (including any Microbiome Report) is not intended to diagnose conditions nor prescribe the use of any remedy, diet or lifestyle practice. We will not diagnose, treat or prevent any condition or disease. While we provide information and perform the Microbiome Services, we do not give medical advice and any concerns You might have should be directed to Your health care practitioner. Any and all information We provide to You (including any information set out in any Microbiome Report) must not be considered a substitute for medical advice or a doctor’s consultation, evaluation or treatment, and You should discuss any information set out in Your Microbiome Report with a medical professional. You accept liability for any decision made (or not made) or action taken (or not taken) in reliance on any information contained or omitted from Your Microbiome Report. You must not disregard professional advice, or delay seeking it, because of any information contained in Your Microbiome Report. Microbiome Coaching Services and third-party service providers We may offer You Microbiome Coaching Services as part of the Microbiome Services or in connection with Your participation in any Research Project. As part of such Microbiome Coaching Services, You agree that We and Our personnel may access and use Your User Information and Microbiome Report for the purpose of discussing the Microbiome Report and Our services with You (whether via online screen sharing or otherwise). Our Fees for such Microbiome Coaching Services (if any) will be set out on Our Website or as otherwise notified by Us. Any information provided to you through the Microbiome Coaching Services is for your general information and use only and must not be considered a substitute for medical advice. We will not diagnose conditions as part of Our Microbiome Coaching Services. We may also provide details of preferred external service providers from time to time (including dieticians and doctors). We only provide such details for User convenience and do not specifically endorse any external service provider, organisation, association or entity referred to in, or linked to, Our Website. It is your responsibility to make your own decisions about what health care professional or other external service provider You use. You acknowledge that we may have commercial cross-referral agreements in place with external service providers from time to time. Advertisement information and cookies on Our Website We may allow certain third parties to post information (including advertisements or promotions) on the Website. We are not responsible for any incorrect, inaccurate, incomplete or unreliable information provided by such third parties. You are solely responsible for relying on any such information. You may not copy, duplicate, distribute, display, sell, translate, publish, transmit or modify any such information without express consent from Us. Advertisements displayed on the Website may set cookies. These cookies, which are industry standard and used by most websites, allow the ad server to recognise Your computer each time they Nothing contained in any Microbiome Report or on Our Website should be construed as medical advice. Any information We provide send You an online advertisement to You (including information set out in Your Microbiome Report or on Our Website) is provided on an “as is” basis for general information only and must not be considered professional medical advice or a recommendation. You must not rely on such information and should not make any decisions in reliance on such information. We are not a medical or health provider and the Microbiome Services are not supported by clinical verification. Any information We provide (including any Microbiome Report) is not intended to diagnose conditions nor prescribe the use of any remedy, diet or lifestyle practice. We will not diagnose, treat compile non-personal identification information about You or others who use Your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to You. If You do not want information to be collected through the use of cookies, there is a simple procedure in most browsers that allows You to deny or accept the cookie feature. But please be aware that denying the cookie feature may prevent You from taking full advantage of the Website. External sites In using Microba, You may come across links or references to external merchants or suppliers. Please be aware that We do not make any promises about what they may supply to You. Therefore, any transaction You have with these merchants are between You and these merchants, and We do not get involved. By accessing external Website links to these merchants and other sites through Microba, We do not promise that they are appropriate, that they work or that they are virus free. We accept no responsibility for them or for any loss or damage that may arise from Your use of them. Access to Microba We reserve the right to suspend, withdraw, discontinue or amend all or any part of Microba without notice. We will not be liable if, for any reason, Microba is unavailable at any time or for any period. From time to time, We may restrict access to all or any part of Microba. You are responsible for making all arrangements necessary for You to have access to the Website. You are also responsible for ensuring that all persons who access the Website through Your internet connection are aware of these Terms, and that they comply with them. Unauthorised access or use of Microba may give rise to a claim for damages and/or be a criminal offence. Changes to the Microba and its availability We may change or improve Microba at any time. We may also stop making Microba available or modify its availability in any way. We are under no obligation to update any material that may be out of date at any given point in time. We will always try to give You notice of any significant changes to Microba or its availability before such changes take effect, although this may not always be possible. To the maximum extent permitted by law, We do not accept liability for any damage or loss which You may suffer or incur as a result of such changes. Prohibited uses Promotions and voucher codes We may offer and distribute voucher codes from time to time. A voucher code is a code that must be entered at checkout on transactions for certain Microbiome Services in order to receive a discount or other benefit as determined by Us. Each voucher code is subject to these Terms and any other specific terms and conditions as set out by Us in relation to the voucher code offer (for example on our Website or otherwise notified by Us to You). Voucher codes are not redeemable for cash, are valid for qualifying purchases only (as determined by Us) and must be redeemed within the validity period. Unless stated otherwise, voucher codes may only be used once. We do not accept any liability for lost voucher codes. Voucher codes are not transferable unless specifically authorised by Us. We reserve the right in Our absolute discretion to refuse any voucher code (or to otherwise refuse to provide any Microbiome Services associated with any voucher code) where We suspect the voucher code has been leaked, stolen or misused or the voucher code has expired. Security and integrity You must not violate the security of Microba in any way. We may suspend or cancel Your account and Your access to Microba, or otherwise terminate Your participation in any Research Project, if We suspect any security violation. We may also inform any law enforcement body of any suspected unauthorised or criminal activity. Examples of security violations include: • attempting to gain unauthorised access to any part of Our servers or system infrastructure You were not intended to have access to; • use Microba in a way that was not intended by Us; • attempting to reverse engineer Microba or any system You agree that You will only use Microba for lawful purposes. If You send or post information on or using Microba, You are responsible for anything You send or post. You must not send or post anything that is offensive; infringes any person’s rights; is against any applicable law; or which We think is inappropriate. You must ensure that Your access to and use of Microba is not illegal or prohibited by any laws which apply to You. By participating in any Research Project or otherwise using Microba, You represent and warrant that You will not: • infringe the rights of any other person, including without limitation any Intellectual Property rights; • defame another person; • provide false information, misleading or inaccurate information to Us or any other User; • impersonate, or otherwise misrepresent affiliation, connection or association with, any person or entity; • disclose another person’s confidential information or otherwise contravene Your privacy obligations or any other person’s privacy obligations; • use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information from Microba for any purpose, including without limitation use on third-party websites; • attempt to probe, scan, or test the vulnerability of Microba or any associated system or network, or breach security or authentication measures without proper authorisation; • threaten, offend or abuse Us or another User; or • do any which is otherwise, in Our view, inappropriate or harmful to Microba. • interfering with or disrupting (or attempting to interfere or disrupt) any servers or networks connected to Microba; • sending or storing any harmful code (including, for example, any computer virus, trojan, worm or other code that is harmful or disabling or which assists in or enables unauthorised access to or corruption of data); or • using any feature of Microba or any other means to send unsolicited commercial correspondence to other Users. Disclaimer of warranties By participating in any Research Project, accessing our Website or otherwise using Microba, to the extent permitted by law You assume all risks associated with such participation, access and use. The Microbiome Services are subject to continuing research, clinical experience, reasonable differences in opinions among authorities, unique aspects of individual situations and the possibility of human error. We cannot promise or guarantee any specific outcomes from Your use of Microba or Your participation in any Research Project. To the extent permitted by law, no representation or warranty (express or implied) is made: • as to the outcomes, currency, completeness, accuracy, reliability, suitability, and/or availability of Microba, any Research Project, the Microbiome Services or Your Microbiome Report (if any); and • that Microba, the Microbiome Services or Your Microbiome Report (if any) will meet your health or medical requirements. Limitation of liability To the maximum extent permitted by law (including the Australian Consumer Law), We (and our directors, employees and agents) do not accept any liability for, and You agree to release us from any claim in relation to any loss, howsoever caused, suffered or incurred by you arising from Your use of Microba or Your participation in any Research Project (including without limitation any Consequential Loss or damage and any loss arising through negligence). Without limiting the above, to the extent permitted by law (including the Australian Consumer Law), any liability we do will, to the extent required, be severed from these Terms and rendered ineffective as far as possible without modifying the remaining provisions of these Terms, and will not in any way affect any other circumstances of or the validity or enforcement of these Terms. Interpretation owe (including any liability for failure to comply with consumer guarantees required by the Australian Consumer Law) is limited to the amount you paid to use Microba, or (if we choose) us providing the service or product again. Indemnity and release You agree to indemnify Us (and Our directors, employees and agents) from and against all claims, liabilities, losses and expenses (including reasonable legal fees on a full indemnity basis) that arise from: • any reliance on any information We provide to You; • any breach of these Terms by You; • any breach of any rights of a third party by You; or • any breach of any applicable law by You. Changes to and breaches of these terms We may change these Terms at any time by posting updated Terms on Our Website. You are expected to stay up to date with any such changes that We make to these Terms, as they are binding on You. If You continue to access Microba after such changes take effect, You are taken to have agreed to the changes. Some provisions contained in these Terms may be superseded by provisions or notices published elsewhere on Our Website. We reserve the right to investigate any suspected non-compliance with, or breach of, any provision contained in these Terms for any reason. We also reserve the right to suspend or terminate a User’s right to access Microba for any reason. This includes, but is not limited to, where We reasonably believe that a User is in breach of a provision of these Terms. Force majeure We will not be liable for any delay or failure in the timely performance by Us in the performance of the Microbiome Services if such delay or failure is caused by occurrences beyond Our control.