1.1. "De-identified Information" is information that does not contain Personal Information or other identifying data such that You cannot reasonably be identified as an individual.
1.2. "Drop Bio" means Drop Bio Pty Ltd ABN 39 630 687 017, whose principal place of business is at School of BABS, UNSW Sydney, Chancellery Walk, Kensington NSW 2033.
1.3. "Personal Information" has the meaning given by the Privacy Act 1988 (Cth).
1.4. "Product Development" means research and development activities performed for the purpose of creating or improving a product. These activities may include, among other things, improving our Services and/or offering new products or services to You; performing quality control activities; conducting data analysis that may lead to and/or include commercialization with a third party.
1.5. “Results” means information pertaining to the analysis of Your sample by Drop Bio.
1.6. "Self-Reported Information" is information You provide to us, through our Services, including health-related information, personal traits, and other information that You enter into surveys, forms, while signed into Your Drop Bio account.
1.7. "Service" or "Services" means Drop Bio's products, software, services, and Website (including but not limited to text, graphics, images, and other material and information) as accessed from time to time by the user.
1.8. “Terms” means these terms and conditions.
1.9. "User Content" is all information, data, text, software, music, audio, photographs, graphics, video, messages, or other materials - other than Results and Self-Reported Information – which is created by users of the Services and uploaded to the Website.
1.10. "Web Behavior Information" is information on how You use the Website (e.g. browser type, domains, page views) collected through log files, cookies, and tracking pixels.
1.11. “Website” means the Drop Bio website at [https://www.dropbio.com].
1.12. “You” means the user accepting these Terms and Your has a corresponding meaning.
2.1. Your use of the Services is subject to these Terms. You may not use the Services if You do not accept the Terms. You accept the Terms by:
2.1.1. Clicking to accept or agree to the Terms, where this option is made available to You by Drop Bio for any Service; or
2.1.2. By actually using the Services. You acknowledge and agree that Your use of the Services will confirm Your acceptance of the Terms. In addition, when using particular Services, You shall be subject to any guidelines or rules applicable to such Services that may be posted on the Website from time to time. All such guidelines or rules are hereby incorporated by reference into these Terms. Drop Bio also may offer other services from time to time that are governed by different terms of service.
3.1. You agree to:
3.1.1. Provide true, accurate, current, and complete information about Yourself as prompted by the Service; and
3.1.2. Maintain and promptly update the information to keep it true, accurate, current, and complete. If Drop Bio has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Drop Bio has the right to suspend or terminate Your account and refuse any and all current or future use of the Service (or any portion thereof).
3.1.3. You are responsible for maintaining the confidentiality of Your login information and are fully responsible for all activities that occur under Your Drop Bio account. You agree to immediately notify Drop Bio of any unauthorized use of Your password or account or any other breach of security. If You allow third parties to access the Website through Your login information, You will defend and indemnify Drop Bio and its affiliates against any liability, costs, or damages, including attorney fees, arising out of claims or suits by such third parties based upon or relating to such access and use. Drop Bio will not be liable for any loss or damage arising from Your failure to comply with this Section.
4.1. The Services include access to the Website and analysis of markers in Your blood, which may indicate ongoing changes in Your personal wellness. The Services may include the collection and analysis of Your sample. Drop Bio assumes no responsibility for the use of Services outside the terms of these Terms or other applicable terms.
4.2. You acknowledge and agree that Drop Bio may fix maximum limits on the number of transmissions You may send or receive through the Services or on the amount of storage space used for the provision of any Service at Drop Bio's discretion.
4.3. You acknowledge that Drop Bio may establish general practices and limits concerning use of the Services, including without limitation the maximum number of days that Personal Information and Services content will be retained by the Service, the maximum disk space that will be allotted on Drop Bio's servers on Your behalf, and the maximum number of times (and the maximum duration for which) You may access the Services in a given period of time. You acknowledge and agree that Drop Bio has no responsibility or liability for the deletion of or failure to store any messages, other communications, or other content maintained or transmitted by the Services; or for the loss of Results due to malfunction or destruction of data servers or other catastrophic events. You further acknowledge that Drop Bio reserves the right to change these general practices and limits at its sole discretion.
4.4. Drop Bio reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You acknowledge and agree that 4.1 modifications may result in a delay in computations for some of the Drop Bio features or Services, and (ii) Drop Bio shall not be liable for any modification, suspension, or discontinuance of the Services.
4.5. The Software that You use may from time to time automatically download and install updates from Drop Bio. These updates are designed to improve, enhance, and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules, and completely new versions. If You do not agree to receive such updates (and permit Drop Bio to deliver these to You), You may not be able to use the Services.
4.6. You acknowledge that Drop Bio may offer different or additional technologies or features to collect and/or interpret Results in the future and that Your initial purchase of the Service does not entitle You to any different or additional technologies or features for collection or interpretation of Your Results without fee, and that You may have to pay additional fees in order to have Your Results collected, processed, and/or interpreted using any future or additional technologies or features.
5.1. You may not use the Services and may not accept the Terms if You are not: (a) of legal age to form a binding contract; and (b) a resident of Australia at all relevant times. If You cease to reside in Australia, You must cease to use the Services. You must not provide a sample to Drop Bio if You are not at least 18 years of age.
5.2. In order to use the Services, You must obtain Internet access, either directly or through devices that access web-based content. You are solely responsible for paying any service fees associated with such access. In addition, You must provide all equipment necessary to make such an Internet connection, including a computer and modem or other access devices. You are solely responsible for providing such equipment.
6.1. Once You obtain Your Results, the knowledge is irrevocable. You should not assume that any information we may be able to provide to You, whether now or as research advances, will be welcome or positive.
6.2. You should not change Your behaviour or lifestyle solely on the basis of the Results. The Results may assist in understanding the affects changes in Your lifestyle might have on the Results. The Results and recommendations from Drop Bio are advisory only. Drop Bio does not provide medical advice. You should not stop taking any medication, or cease any treatment recommended by Your doctor. The Services are not intended to be used by the You for any diagnostic purpose and are not a substitute for professional medical advice. You should always seek the advice of Your doctor or other health care provider with any questions You may have regarding diagnosis, cure, treatment, mitigation, or prevention of any disease or other medical condition or impairment or the status of Your health.
6.3. You understand that information You learn from Drop Bio is not designed to and cannot diagnose, prevent, or treat any condition or disease or ascertain the state of Your health in the absence of medical and clinical information. You understand that the Services are intended for informational purposes only.
6.4. In order to expand and accelerate the understanding and practical application of knowledge in health care, we invite all users to participate in research. Participation in such research is voluntary and based upon an IRB-approved consent document.
7.3. The Privacy Statement is hereby incorporated into these Terms. Accepting the Terms includes acceptance of the Privacy Statement.
7.5. Further, You acknowledge and agree that Drop Bio is free to preserve and disclose any and all Personal Information to law enforcement agencies or others if required or permitted to do so by law. In such an event we will notify You through the contact information You have provided to us in advance, unless doing so would violate the law or a court order. You understand that the technical processing and transmission of the Services, including Your Personal Information, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks, or devices.
8.1. You acknowledge that all User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such User Content originated. You, and not Drop Bio, are entirely responsible for all User Content that You upload, post, email, or otherwise transmit via the Service.
8.2. Drop Bio will not, at any time, control any of the User Content posted via the Service and, as such, does not guarantee the accuracy, integrity, or quality of such non-Drop Bio content. You understand that by using the Services, You may be exposed to content that may be offensive, indecent, or objectionable. Under no circumstances will Drop Bio be liable in any way for any User Content, including, but not limited to, any errors or omissions in any such content, or for any loss or damage of any kind incurred as a result of the use of any such content posted, emailed, or otherwise transmitted via the Services.
8.3. You acknowledge that the Services content (“Content”) presented to You as part of the Services, whether original Drop Bio content or sponsored content, may be protected by copyright and/or other intellectual property rights that are owned by Drop Bio and/or the sponsors who provide that content to Drop Bio (or by other persons or companies on their behalf). Drop Bio grants You a license to use such Content for the sole purpose of Your use of the Services. This license does not include the right to use the Content for commercial purposes, or in a way which might tend to misrepresent the substance of the Services content.
8.4. You agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or transmit for any commercial purposes, all or any portion of the Service, use of the Service, or access to the Service.
8.5. You acknowledge that Drop Bio and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, review, filter, modify, refuse, or move any content that is available via the Services. Without limiting the foregoing, Drop Bio and its designees shall have the right to remove any content that violates the Terms or is deemed by Drop Bio, in its sole discretion, to be objectionable.
8.6. The Website may provide links to other sites and resources. You acknowledge that Drop Bio:
8.6.1. Has no control over such sites and resources.
8.6.2. Is not responsible for the availability of such external sites or resources.
8.6.3. Does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.
8.6.4. Is not responsible or liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such hyperlinked site or resource.
12.1. You agree to defend and hold Drop Bio, and its affiliates, employees, officers, agents and contractors harmless from any claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of:
12.1.1. User Content You submit, post to, or transmit through the Service;
12.1.2. Your use of the Service;
12.1.3. Your connection to the Service;
12.1.4. Your violation of these Terms; or
12.1.5. Your violation of any rights of another.
12.2. If You submit a sample, You will defend and hold harmless Drop Bio, its affiliates, employees, officers, agents and contractors from any liability arising out of:
12.2.1. any information obtained from Your sample and/or Your Results, which is disclosed to You consistent with our Privacy Statement or results from any third-party add-ons to tools we provide;
12.2.2. Your use or reliance of Your Results other than in accordance with these Terms; and
12.2.3. Your disclosure of Your Results and/or Self-Reported Information to third parties.
13.1. The Terms will continue to apply until terminated by either You or Drop Bio as set out in this Section.
13.2. If You want to terminate Your legal agreement with Drop Bio, You may do so by emailing Drop Bio at firstname.lastname@example.org and state You would like Your account and data deleted. Drop Bio may request your confirmation prior to deleting Your data and account.
13.3. Drop Bio may at any time, terminate these Terms (and in conjunction therewith, Your password and account(s)) if:
13.3.1. You have breached any provision of the Terms (or have acted in a manner which shows that You do not intend to, or are unable to comply with, the provisions of the Terms);
13.3.2. Drop Bio is required to do so by law (for example, where the provision of the Services to You is, or becomes, unlawful); or
13.3.3. the provision of the Services to You by Drop Bio is, in Drop Bio's opinion, no longer commercially viable.
13.3.4. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of Your use of the Services may be referred to appropriate law enforcement authorities. You acknowledge and agree that Drop Bio shall not be liable to You or any third party for any termination of Your access to the Services.
14.1. When these Terms come to an end, all of the legal rights, obligations, and liabilities that You and Drop Bio have benefited from, been subject to (or which have accrued over time while the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of all Sections shall continue to apply to such rights, obligations, and liabilities indefinitely.
15.1. To the maximum extent permitted by law, You acknowledge and agree that the Services are provided "AS-IS" and are based on the current state of the art of the research and technology in use by Drop Bio at the time of the provision of the Services.
15.2. To the maximum extent permitted by law, Drop Bio excludes all representations, warranties, terms, statutory guarantees, conditions and undertakings, including any implied warranty of merchantability, warranty of fitness for a particular purpose and warranty of non-infringement, in respect of the Services. Where the Services are covered by statutory guarantees that cannot be excluded under Australian Consumer Law, or other conditions, warranties or representations that are implied by law and which cannot be lawfully excluded (Prescribed Terms), Drop Bio’s liability in relation to such Prescribed Terms is limited to the resupply of the Services or equivalent services or the payment to You of the cost of having the Services repaired or supplied again. This does not exclude or restrict any rights or remedies that You may have in relation to a “major failure”, as that term is defined in the Competition and Consumer Act 2010 (Cth).
16.1. To the maximum extent permitted by law, You acknowledge and agree that Drop Bio will not be liable for any indirect or consequential loss, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses. Drop Bio will not be liable for any loss or damage resulting from:
16.1.1. the use or inability to use the Services;
16.1.2. any action You take based on the Results your receive through the Services;
16.1.3. any statements or conduct of any third party using the Services.
17.1. Notices to You may be made via email. Drop Bio may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to You generally on or through the Services.
18.1. Drop Bio may make changes to these Terms from time to time. When these changes are made, Drop Bio will make a new copy of the Terms available on the Website and any new additional terms will be made available to You from within, or through, the affected Services. The revised Terms will be effective on or after the posted date. If Drop Bio makes a material change to the Terms, we will provide You with at least 30 days’ notice prior to the effective date of the change by posting a notice on the Website or in Drop Bio’s app or sending a message to the email address associated with Your account. Unless You notify us within 30 days from the time You receive notice of the new terms that You do not agree to the terms, You will be deemed to have agreed to the new Terms. If any change to the Terms is unacceptable to You, You may stop using our Services and delete Your account at any time. You acknowledge and agree that if You use the Services after the date on which the Terms have changed, Drop Bio will treat Your use as acceptance of the updated Terms.
19.1. These Terms, and all uses of the Services are governed by the laws of New South Wales, without regard to conflict of laws rules. You irrevocably consent to the exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia for purposes of any legal action arising out of or related to the use of the Services or these Terms.