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Terms and Conditions

  1. ABOUT THESE TERMS
    1. Trajan Scientific Australia Pty Ltd ACN 161 314 969 (Trajan, us, we or our) provides the ‘MonitorYou’ remote dried blood collection and sampling kits (Products) and related analytical biomarker assessment and monitoring services (Services).
    2. These Terms of Service (Terms) apply to:
      1. individuals who place Orders to purchase Products and Services directly from us; and
      2. individuals who register through one of our Business Customers to receive Products and Services, (together, Consumers).
      We have separate terms and conditions for Business Customers
    3. In these Terms, a reference to you or your is a reference to a Consumer. Other capitalised words are defined at the end of these Terms.
    4. These Terms set out the basis on which you purchase or use any of our Products or Services and access our website at monitoryou.com (Website). By purchasing or using our Products and Services or accessing and using the Website, you agree to be bound by these Terms, as amended from time to time.
    5. We continually seek to improve our services and processes. Given this, we may need to update these Terms to accurately reflect how we conduct our business, and we will publish the amended version on our Website or otherwise provide written notification to you. Any amended version will apply to your purchase or use of our Products and Services or use of our Website from the date of publication or notification.
    6. If you do not agree to these Terms, you must not proceed to purchase or use any of our Products or Services or use the Website.
  2. SUBSCRIPTIONS
    1. Subscriptions
      1. We offer our Services on a subscription basis. This means that:
        1. we will provide you with our Products at the Subscription Intervals which are either specified in your Order or at the time you register through a Business Customer (as applicable) to enable you to collect and return Samples in accordance with clause 6; and
        2. for each Subscription Interval, you will be provided with a single Product and associated Services.
      2. You acknowledge and agree that a Subscription covers one type of Service only, as specified in your Order or when you register through a Business Customer. This cannot be varied to another type of Service offered by us during your Subscription.
      3. We reserve the right to modify the content and inclusions packaged with our Products
      4. Once your Order has been received and accepted by us, or you have registered through a Business Customer, we will activate your Subscription and send you a Subscription confirmation to your nominated email address.
      5. If we reject your Order or registration, a rejection will be sent to your nominated email address and any Subscription Fees received in relation to any Order will be refunded.
    2. Capacity requirements
      1. You must be eighteen (18) years of age or above to subscribe for our Products or Services. By purchasing or using the Products or Services, you confirm that you are eighteen (18) years or above.
      2. If you order the Products or Services for use by someone who is eighteen (18) years of age or above but does not have legal capacity (for example, due to disability), by ordering the Product or Service, you agree to these Terms on their behalf and you represent that you have the authority to do so.
    3. Managing your Subscription

      You can manage your Account, such as your personal details and delivery address, including arranging for your Subscription to be redirected to a new address, in the ‘My Account’ section of the Website or by contacting the MonitorYou Customer Service team (see contact details in clause 16). Allow five (5) Business Days for any requested changes to be implemented.

  3. PURCHASE AND PAYMENT TERMS
    1. Application of this clause

      This clause 3 only applies to Consumers who have placed an Order to purchase our Products or Services directly from us. This clause 3 does not apply to Consumers who have registered through a Business Customer to receive Products and Services.

    2. Orders and purchases
      1. When you place an Order, you agree:
        1. to pay the Subscription Fee for the Products and Services as stated at the time of your Order; and
        2. that the Subscription Fees for the Products and associated Services provided for the first two (2) Subscription Intervals (Initial Subscription) are non-refundable, noting that you will be charged the applicable Subscription Fee separately for each Subscription Interval.
      2. We reserve the right to accept or reject any Orders placed by you directly with us, at our discretion.
      3. Your payment details for the Subscription Fees must be verified by us before we accept your Order and activate your Subscription. If your initial payment authorisation is invalid or revoked, then we will cancel your Order.
    3. Payment
      1. Unless specified otherwise in these Terms, you must pay the Subscription Fees by credit card or by other payment method provided on our Website from time to time.
      2. All Subscription Fees are stated and payable in Australian dollars and are inclusive of GST (where applicable).
      3. When you place an Order, you will be charged the Subscription Fee payable for the first Subscription Interval, and you will be provided with the first Product and associated Service within the Subscription. On the next Business Day after the first Subscription Interval has lapsed, you will be charged the Subscription Fee payable for the second Subscription Interval, and you will be provided with the next Product and associated Service, to fulfil the non-refundable Initial Subscription.
      4. After fulfilment of the Initial Subscription, provided your Subscription remains current and is not terminated in accordance with these Terms, your Subscription will automatically renew on the next Business Day after each Subscription Interval has lapsed. Payment of the Subscription Fees for each renewal of your Subscription will be charged to your nominated debit or credit card at the time we dispatch the Product. You acknowledge that you will not be entitled to a refund of the Subscription Fees if you forget to terminate your Subscription before an automatic renewal occurs.
      5. We require payment of the applicable Subscription Fees in full before we will dispatch Products to you or provide Services.
      6. If your nominated debit or credit card is invalid or your payment is otherwise rejected, we may cancel your affected Order and/or Subscription renewal. If this occurs, we will not accept responsibility for any claims arising from our cancellation of your Subscription or our failure to provide a Product or Service.
      7. When making a payment, you:
        1. warrant to us that you are authorised to make the payment using your nominated payment method and acknowledge that we will rely on that warranty;
        2. agree that our third-party payment facility provider may store details of your nominated payment method and that such details may be used to automatically process future payments of Subscription Fees in accordance with these Terms; and
        3. agree to comply with the terms and conditions of our third-party payment facility provider for your payment method in relation to that payment
      8. You are not entitled to set off the Subscription Fees against any sums owed or claimed to be owed by us to you.
      9. We reserve the right to vary the Subscription Fees during your Subscription. We will provide you with fourteen (14) days’ notice (Subscription Price Notice Period) if the Subscription Fees change during your Subscription. Subscription Fee changes will apply to the Products and Services provided to you after the Subscription Price Notice Period. If you do not wish to continue your Subscription at the revised price, you may cancel your Subscription in accordance with clause 7.2.
    4. Security of payment
      1. We use an online payment gateway for our credit card transactions. All online credit card transactions performed on the Website are secured payments.
      2. The following information applies to payments received by us via the Website:
        1. your complete credit card number cannot be viewed by us;
        2. all transactions are performed under a 256-Bit SSL Certificate;
        3. all transaction data is encrypted for storage, further protecting your credit card data;
        4. our third party payment facility provider advises that they meet the PCI-DSS standards.
      3. If you have questions about security of payment through our Website, you can email us at info@monitoryou.com.
    5. Your obligations
      1. You must notify us if Product deliveries continue to be made and/or payments continue to be deducted in circumstances where you believe your Subscription should have been cancelled.
      2. We will not refund past Subscription Fees if you have failed to cancel your Subscription in accordance with these Terms or to contact us directly to report unexpected payments on your Account within three months of those payments being deducted by us.
      3. It is your responsibility to maintain a current and valid payment facility in your Account to pay the Subscription Fees. Failure to do so may cancel future Subscription renewals as per clause 3.3(f).
  4. DELIVERY
    1. Where you have placed an Order directly with us, we endeavour to dispatch our Products within forty-eight (48) business hours of receipt of payment and acceptance of the relevant Order. Where you have registered through a Business Customer to receive our Products, the timeframe for delivery will be agreed between us and the Business Customer.
    2. We will send the Products to the current delivery address that is nominated on your Order or in your Account (as applicable). It is your responsibility to ensure that the delivery address recorded on your Order and in your Account is accurate and current. We will not accept responsibility for any claims arising from unsuccessful attempts to deliver the Product to you if your delivery address was incorrect at the time we dispatched the Product.
    3. On rare occasions when we are temporarily out of stock of Products, we will contact you by telephone or email and advise when the Product is expected to be available for delivery.
    4. We may (in our absolute discretion) deliver the Products in any number of shipments
    5. We send Products using standard Australia Post or equivalent delivery services and we estimate that Orders will typically be received within seven (7) to ten (10) Business Days after dispatch.
    6. Whilst we will endeavour to meet the timeframes stated for delivery, please note that many factors can affect these timeframes and we cannot guarantee that timeframes will be met. We are not liable for any Loss arising from a failure to deliver the Products in the estimated timeframes.
    7. You must notify us if a Product has not been delivered according to the applicable Subscription Interval, within seven (7) days of the missed delivery date.
  5. OWNERSHIP AND RISK
    1. Title to the Products will only transfer to you (or the relevant Business Customer) once we have received full payment of the Subscription Fees for the associated Services.
    2. Risk in the Products passes to you (or the relevant Business Customer) at the time of delivery. Delivery is deemed to occur when we deliver the Products to our delivery partner (for e.g. Australia Post).
  6. USE, RESULTS AND REPORTING
    1. Product use
      1. Once you have collected your Sample in accordance with the Product instructions, you must return it to us along with the completed and signed Service Request Form in the pre-paid envelope provided.
      2. Once we receive your returned Sample and completed and signed Service Request Form, we will promptly deliver your Sample to a quality-controlled analytical laboratory to be processed.
      3. If we do not receive a completed and signed Service Request Form, we will not process your Sample. We will notify you of the failure to provide the Service Request Form via email and allow you the opportunity to re-submit the form.
    2. Pathology processing of your Sample
      1. We will endeavour to provide you with the results from providing our Services in relation to your Sample (Results) within fourteen (14) days from when we receive your Sample. However, given that we may use external laboratories to process your Sample, we cannot guarantee that such a timeframe will always be met. We are not liable for any Loss arising from a failure to deliver the Results in the estimated timeframes.
      2. We will retain your Sample for a minimum of three (3) weeks after it is received. Thereafter we will:
        1. securely destroy your Sample once we no longer require it in connection with the provision of the Services; or
        2. we may retain and use your Sample in an anonymised form (that is after destroying any identifying information recorded on or with your Sample) for our internal quality assurance purposes or to develop or improve our Products and Services.
      3. You may request for your Sample to be destroyed at any time by contacting the MonitorYou Customer Service team in writing (see contact details in clause 16).
    3. Reporting
      1. We will, in accordance with your Service Request Form:
        1. deliver the Results to you electronically in a secure encrypted format via:
          1. the secure ‘MonitorYou’ results portal accessed via the Website (Results Page), in which case we will send you an email with instructions on how to access your Results;
          2. a secure electronic document attached to an email addressed to you; or
          3. a third-party password-protected secure portal.
      2. If, in your Service Request Form or in the Account profile configuration pages of your Results on the Website, you have also directed us to deliver the Results to your general practitioner, other medical professional or other third party (Authorised Recipient) by providing us with your instructions and consent to do so, and their contact details for the purpose of delivering the Results, we will:
        1. deliver the Results to the Authorised Recipient electronically in a secure encrypted format via the Results Page;
        2. send the Authorised Recipient an email with instructions on how to access your Results; and
        3. in our absolute discretion, we may also deliver a copy of the Results report to the Authorised Recipient by another means, including facsimile or post.
      3. Where you have instructed us to deliver the Results to an Authorised Recipient that is not your general practitioner or other medical professional, you warrant and represent that:
        1. you have obtained the Authorised Recipient’s consent to provide us with their Personal Information for the purposes of receiving the Results;
        2. you have notified the Authorised Recipient that the Privacy Policy will apply to the collection of their Personal Information; and
        3. you consent to the disclosure of your Personal Information and Health Information contained in the Results to the Authorised Recipient.
      4. Where we use an external analytical laboratory to process your Sample, you consent to your Results, including your relevant Health Information and any other relevant Personal Information you provide to us, being shared with or generated by the external analytical laboratory solely for the purposes of providing the Services to you.
    4. Reasonable care
      1. We take all reasonable care to ensure that Samples are handled and processed in accordance with industry standards, however, we make no representations or warranties in relation to, and accept no liability for Loss that arises in connection with:

        1. contamination of the Samples; or
        2. accuracy of the Results provided
      2. We will take all reasonable care in following the instructions and information you have provided in your Service Request Form or otherwise relating to the Product.
      3. We are under no obligation to investigate the truth or accuracy of the instructions or information you have provided to us in relation to the Product.
      4. You agree we have no duty to contact your Authorised Recipient to verify their contact information or their receipt of any communications we make to them.
  7. CANCELLATIONS OR SUSPENSIONS
    1. Cancellation of an Order or Registration
      1. After placing an Order or registering through a Business Customer, you may only cancel that Order or registration if we have not yet dispatched the first Product for the Initial Subscription to you.
      2. If you wish to cancel your Order or registration, please make a cancellation request by contacting info@monitoryou.com. We will notify you of the outcome of your cancellation via an email to your nominated email address.
      3. If you successfully cancel your Order, we will organise a refund of the Subscription Fee paid by you to us for that Order.
    2. Cancellation or suspension of Subscription
      1. We can suspend or cancel your Subscription at any time, in our absolute discretion, on notice to you
      2. You cannot suspend your Subscription.
      3. For Consumers who have placed an Order directly with us, you may cancel your Subscription at any time after paying for and receiving your Initial Subscription, subject to the following conditions:
        1. You must cancel your Subscription in the ‘My Account’ section of the Website or by contacting the MonitorYou Customer Service team in writing (see contact details in clause 16).
        2. You may only cancel future Subscription renewals. Services that have already been initiated within a Subscription (by renewal of the relevant Subscription and dispatch of the associated Product) are nonrefundable.
        3. You must request the cancellation of your Subscription in accordance with clause 7.2(c)(i) at least five (5) Business Days before your current Subscription Interval lapses, otherwise cancellation will take effect after the next renewal and we will charge you for that renewal.
      4. For Consumers who have registered through a Business Customer to receive our Products and Services, you may cancel your Subscription at any time in the ‘My Account’ section of the Website or by contacting the MonitorYou Customer Service team in writing (see contact details in clause 16).
      5. If you request cancellation and we are unable to identify your Subscription from the information you have provided, we will contact you to request further identifying information. If this occurs, you must respond to our request otherwise your Subscription will not be cancelled. Your cancellation will not become effective until you provide sufficient information is to identify your Subscription.
  8. INDIVIDUAL CUSTOMER’S OBLIGATIONS
    1. Authority
      1. You warrant that you have the authority to obtain, collect, and submit any Personal Information or Sample you provide to us in connection with your use of the Website or purchase of Products or Services (including in relation to any third party).
      2. If you are obtaining or purchasing any Products or Services on behalf of another person that is eighteen (18) years of age or over but does not have legal capacity, for example if that person has a disability, then you warrant that you:

        1. are that person’s legal guardian or other authorised person; and
        2. have the authority to agree to these Terms on their behalf
    2. Follow instructions
      1. To the extent permitted by law, you acknowledge and agree that the use of our Products and Services is at your own risk. Under no circumstances will we be liable for:
        1. any illness, injury, or death resulting from use of our Products or Services; or
        2. any other direct or indirect, incidental or consequential Loss resulting from your use of, or inability to use the Products or Services, whether based on warranty, contract, tort, negligence, in equity or any other course of action, and whether or not we knew (or should have known) of the possibility of such a Loss.
      2. You warrant and represent that you will properly follow the Product instructions and procedures and will not use the Products in any way that is outside their intended purpose.
    3. Accuracy of information

      You warrant and represent that any information you have provided to us is true and accurate, including in your Service Request Form or otherwise in connection with the Product.

    4. Account
      1. With respect to any Account we provide you with, you warrant and represent that you will:
        1. only submit accurate information;
        2. keep it up to date and accurate at all times;
        3. choose an appropriate password (having regard to any password criteria posted on the Website); and
        4. not transfer your Account to another individual without our prior consent.
      2. If you choose to give access to your Account or Results to a third party, any details provided by you to that party must be accurate, and we disclaim any liability for any Loss in connection with a third party using your Account as a result of you granting them access to your Account.
    5. Indemnity

      We disclaim all liability and you indemnify and hold us and our directors, officers, employees, agents and individual contractors (together, those indemnified) harmless from and against any Loss incurred or suffered by those indemnified in connection with:

      1. your breach of these Terms, including (without limitation) the warranties and obligations in clauses 6.3(c), 8.1, 8.2, 8.3 and 8.4;
      2. any personal injury to or death of persons or damage to or loss of real or personal property caused or contributed to by you;
      3. your acts of fraud or wilful misconduct or reckless act or omission;
      4. any allegation or claim brought against any of those indemnified by a third party that is caused by:
        1. any negligent act or omission by you;
        2. your use of the Website, Services or Products in breach of any law, including any applicable privacy laws; or
        3. your failure to obtain proper authority to obtain, collect or submit any information or Sample to us on behalf of another person.
    6. Resupply

      You must not re-supply the Products, or make the Products available for resale, without our prior written consent.

  9. DISCLAIMER AND LIMITATION OF LIABILITY
    1. Product Results and Website information– not medical advice
      1. We will deliver you the Results created and provided by the analytical laboratory we use based on the Sample you submitted to us. We are not liable for any Loss in connection with representations made by the analytical laboratory with respect to the Results.
      2. We do not provide any medical advice, including through our Website. No information, Product or Service provided by us is intended to manage, diagnose or treat any medical condition or disease. The Results are informational only. We strongly recommend that you only seek medical advice from a registered medical practitioner.
    2. No warranties regarding access or security of the Website
      1. While we take all reasonable steps to limit any interruptions, you acknowledge and agree that we make no representation and provide no warranties that you will have continuous or error-free access to the Website or third party services facilitated by the Website. However we will use our reasonable endeavours to minimise the occurrence and duration of any outages, downtime (for planned maintenance or otherwise) or other causes of inaccessibility to the Website.
      2. We make no representation and provide no warranties that the Website is free of any viruses, including any file, program or program code designed to attach itself to, hide itself within or send instructions to, other files, computers, programs or program code to cause malfunctions, errors or loss or corruption of data.
    3. No liability for Loss

      In no event will we be liable to you for any Loss whatsoever arising out of:

      1. your reliance upon any material contained on the Website or any other information incorporated by reference on the Website;
      2. your use of, access to, or inability to use or access the Website;
      3. the purchase of any Product or Service, including any related payments owed by you to any third party;
      4. any information or lack of information provided by us in connection with any Products or Services, including the Results from any Product; or
      5. your use or misuse of the Website or any Product or Service.
  10. CONSUMER REMEDIES
    1. Under the Australian Consumer Law, consumer guarantees apply to our Products and Services that cannot be excluded, restricted, or modified by these Terms.
    2. For major failures with our Service or Products, you are entitled:
      1. to cancel your Subscription; and
      2. to a refund for any unused portion of your Subscription at the time of cancellation, or to compensation for the reduced value of the Services.
    3. If a failure with our Products or Services does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time.
    4. A Product will be defective if:
      1. it is not of merchantable quality;
      2. it is not fit for any purpose for which it is acquired by you;
      3. it does not conform to any sample, specification, or other description given to you by us in relation to the Product; or
      4. it does not comply with any consumer guarantee or implied warranty applicable to the Products that cannot be excluded (including pursuant to the Australian Consumer Law).
    5. Our Services will be defective if they:
      1. are not of a reasonable standard, quality, value or grade; or
      2. do not comply with any consumer guarantee or implied warranty applicable to the Service that cannot be excluded (including pursuant to the Australian Consumer Law).
    6. If you believe a Product or Services purchased from us are defective (as defined in clause 10(d) and 10(e), as applicable), you must notify us in writing within forty-eight (48) hours of delivery of the Product or identification of the defective Service (via email to: info@monitoryou.com). To return the Product on this basis, you must send the defective Product back to us via Australia Post standard domestic letter service in its original condition and packaging within seven (7) days of notifying us. If you do not give us notice (and, if applicable) send the Product back to us within these timeframes and in its original condition, the Services and/or Product is presumed to have been provided without defect.
    7. If the Product returned to us in accordance with clause 10(f) is found to be defective, we will reimburse you within thirty (30) days for the cost of returning the defective Product to us via Australia Post standard domestic letter service. The process of reimbursement will be set out in an email from us to your nominated email address.
  11. INTELLECTUAL PROPERTY
    1. Intellectual Property
      1. Except as expressly provided in these Terms, no ownership is transferred in, or other rights granted to the other party in, the Intellectual Property of a party.
      2. We own and retain all rights (including Intellectual Property) in and to the Website and our Products and Services, unless otherwise indicated. For clarity:
        1. Copyright in all content contained on the Website, including but not limited to text, graphics, drawings, images, photographs, illustrations, diagrams, buttons, icons and page layouts, subsists under, and is protected by, copyright laws and is owned by us or used by us under licence.
        2. The words ‘MonitorYou’ and all other trade marks, domain names, product and service names, slogans and logos displayed on the Website comprise our (or our third-party licensors) trade marks. You are not permitted to use any of these trade marks without the prior written consent of us or our relevant third-party licensors.
      3. Intellectual Property developed by us under or in connection with these Terms or changes, additions or improvements to the Website, Products and Services, immediately and directly vests in us upon its creation and will form part of our Intellectual Property. You must do all acts and things necessary to give effect to this clause 11.1(c).
    2. Moderation

      If you are invited to post content on the Website, we reserve the right (but assume no obligation) to remove or amend any such content. We reserve the right not to accept unsolicited content or other material.

    3. Licence
      1. You grant us a non-transferrable, non-exclusive and royalty free licence to:
        1. store, use, copy or modify any content, data or material provided by you to us for the purpose of providing our Website, Products or Services;
        2. use any feedback or information you provide to us for the purposes of changing, enhancing or improving our Website, Products or Services (with any such changes, enhancements or improvements to be owned by us); and
        3. use any media provided by you to us (in any form) for the purpose of marketing our Products, Services or our business.
      2. You represent and warrant that you have all the necessary rights to grant us the licence referred to in clause 11.3(a), and that our use of this content, data, material and/or media will not infringe the rights of any third party or breach any applicable law.
    4. Liability

      We disclaim all liability that may result from your unauthorised use or reproduction of any part of the Website, Products or Services, including in breach of third party’s Intellectual Property or applicable laws.

  12. THIRD-PARTY WEBSITES
    1. The Website contains links that enable you to access third-party websites. These are provided for your convenience only
    2. While these links may contain helpful information, we do not have control over any third-party websites or their processes regarding privacy and protection of your personal information and data. When you follow links to other websites, we recommend that you read the privacy policies that apply to those sites.
    3. The fact that these links exist does not constitute an endorsement of those websites by us. We take no responsibility for the content on or the security of the linked websites (including any products or advertising on them).
    4. You agree that we are not responsible or liable for any Loss that you may suffer or incur due to any actions caused by third-party websites or your use of, access to or inability to use or access the any website linked to the Website
  13. TERMINATION OF WEBSITE ACCESS
    1. Termination of access to the Website and Results
      1. We reserve all of our rights, including the right to:
        1. terminate your access to the Website, including the Results Page;
        2. terminate any Account you have; and
        3. block future access to the Website, the Results and your Account,

        if you breach any of these Terms.

      2. If your rights to access the Website, Results Page or your Account are terminated in accordance with clause 13.1(a), any data or information we collect about you may be permanently deleted or de-identified.
      3. Termination or expiration of your right to access the Website, Results Page or your Account, will not affect any accrued rights, indemnities or any other provisions of these Terms that are intended by their nature to survive termination or expiration.
  14. PRIVACY AND CONFIDENTIALITY
    1. Privacy
      1. The MonitorYou Privacy Policy as amended from time to time (Privacy Policy) is incorporated into and forms part of these Terms.
      2. In order to provide you with access to and the functionality of the Website and provide our Products and Services, we may need to collect and use certain Personal Information.
      3. You acknowledge that we will collect, use and handle any Personal Information you share with us in accordance with:

        1. our Privacy Policy; and
        2. applicable privacy laws, including the Privacy Act.
      4. By using the Website and by purchasing or using our Products or Services, you consent to your Personal Information (including Health Information) being collected, used and disclosed in accordance with these Terms and the Privacy Policy.
      5. If you provide us with Personal Information about any third party, you must first obtain their consent to our collection and handling of their Personal Information in accordance with these Terms and the Privacy Policy. You must not share any Personal Information about another person with us unless you have obtained their consent in accordance with this clause.
    2. Confidentiality

      We will maintain the strict confidentiality of any information you provide us (including but not limited to the Service Request Form, Samples or Results) in accordance with our Privacy Policy, subject to the Privacy Act and any other applicable Commonwealth, State or Territory statutory or common law, including any health records legislation.

  15. GENERAL
    1. Severability

      If any provision of these Terms is found to be void, unlawful or unenforceable for any reason, then that provision will be severable from these Terms and will not otherwise affect the validity and enforceability of any remaining provisions

    2. Governing law

      You agree that all matters relating to the use of the Website and purchase of any Products or Services, including all disputes, are governed by the law of Victoria, Australia, and you unconditionally submit to the exclusive jurisdiction of the courts of Victoria.

    3. Definitions

      In these Terms:

      1. Account means your personal customer account on the Website;
      2. Australian Consumer Law means Schedule 2 of the Competition and Consumer Act.
      3. Authorised Recipient has the same meaning given in clause 6.3(b).
      4. Business Customer means any business customer who we permit to re-supply or resell our Products or Services to Consumers and who has agreed to the terms and conditions for Business Customers.
      5. Business Day means a day that is not a Saturday, Sunday or bank or public holiday in Victoria, Australia.
      6. Competition and Consumer Act means the Competition and Consumer Act 2010 (Cth).
      7. Consumer has the meaning given in clause 1(b).
      8. Health Information has the same meaning as in the Privacy Act.
      9. Initial Subscription means the first two (2) Products and associated Services provided at the relevant Subscription Intervals within your Subscription.
      10. Intellectual Property means all intellectual property rights throughout the world, whether registered or unregistered, including rights in respect of copyright, designs, circuit layouts, trademarks, know-how, confidential information, patents, inventions and discoveries and the right to apply for registration of such rights.
      11. Loss means loss, damage, liability, charge, expense, outgoing payment or cost (including all legal and other professional costs on a full indemnity basis) of any nature or kind.
      12. Order means an order for our Services, which includes Products required to deliver those Services.
      13. Personal Information has the meaning given to that term by the Privacy Act.
      14. Privacy Act means the Privacy Act 1988 (Cth).
      15. Privacy Policy has the meaning given in clause 14.1(a).
      16. Product has the same meaning given in clause 1(a).
      17. Results has the same meaning given in clause 6.2(a).
      18. Results Page has the same meaning given in clause 6.3(a)(i).
      19. Sample means a dried blood spot sample collected on a sampling card within our Products for the purpose of analysis as part of our Services.
      20. Service has the same meaning given in clause 1(a).
      21. Service Request Form means the Service requisition form provided with each Product.
      22. Subscription means your subscription to our Services comprising the Initial Subscription and each further renewal.
      23. Subscription Fee means all Subscription-related fees payable by you to us for our Services and Products as set out on our Website at the time you place an Order or at the time your Subscription is renewed (as applicable).
      24. Subscription Interval means the time intervals between our dispatch of Products to you during your Subscription, as specified on the Order placed for the Subscription (or as varied in accordance with these Terms).
      25. Subscription Price Notice Period has the meaning given in clause 3.3(i).
      26. Terms means these Terms of Service.
      27. Website has the same meaning given in clause 1(d).
  16. CONTACT US

    For any questions or queries in relation to these Terms, please contact the MonitorYou Customer Service team via:

    E-mail at: info@monitoryou.com

    Telephone at: (02) 6145 2147

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