Terms and Conditions
1. TERMS AND CONDITIONS APPLY TO THIS WEBSITE
These terms and conditions apply to the use of this Website, including use of all LifeX Australia functionality offered on this Website. In using this Website, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the website. These terms and conditions must be read in conjunction with any other applicable policies governing the use of this Website.
In these terms and conditions, the expression ‘we’ and ‘our’ are a reference to LifeX Australia Pty Ltd, ABN 28 630 976 591. The expressions ‘user’ and ‘users’ refer respectively to a person or to persons who access this Website and/or who order, purchase or consume ProLon®or who is a client or patient of a health practitioner who advises them concerning ProLon® or recommends it to them, prescribes it to them, or approves their consuming it. The terms ‘website’ and ‘this Website’ refer to this Website which is situated on the World Wide Web at lifexaustralia.com
We do not provide the capability for users of this Website to login and access any content or functionality that is not otherwise available to anyone else. We have no subscribers, only users.
4. LIMITS OF THIS WEBSITE
Knowledge and practice in fields relating to diet, nutrition, metabolics and any other field relating to the Fasting Mimicking Diet® are changing all the time. As new research and clinical experiences become available, changes in information content on this Website and recommendations by health practitioners may become necessary, appropriate and/or preferable. However, standard safety precautions must always be followed. Users are advised to check the most current product information provided by L-Nutra Inc (the sponsor of ProLon®), to verify the recommended method and duration of administration, and contraindications. It is the responsibility of every treating and advising health practitioner to determine the best treatment for each patient, and practise appropriate safety precautions, by relying on their experience and knowledge of the patient. Communication between practitioners is encouraged, to ensure patient safety and the best possible clinical outcome.
Users are advised that any information on this Website supplied by L-Nutra Inc or any other supplier of any other product listed on this Website is as supplied by them and no responsibility is taken for the accuracy of the information or for the efficacy of any therapeutic claims they make. Users are also advised that no responsibility is taken for the accuracy of information or any stated or implied therapeutic or other benefit concerning goods and services that may from time to time be for sale or supplied free on the website.
The authors and publisher have made every effort to ensure that the information contained within this Website and any associated software application is as accurate and current as possible. They retain the right to update this information at any time. The information in this Website and and any associated software application is intended as a practical guide to the safe and effective supply and consumption of ProLon® and any other product or service which from time to time the website advertises, refers to or promotes. It is in the nature of general information only. It is not intended as a substitute for professional advice and guidance provided by a qualified health practitioner, or as a recommendation or guide for self-treatment. You should seek professional advice for any specific medical conditions or, if you are a health practitioner, you should rely on your own training, education and experience and the standards of your profession.
The authors/editors and publisher exclude liability for any injury, damage and/or loss (including through negligence) arising directly or indirectly from the use of or reliance on this Website, its functionality or any linked website or software application.
Nothing on this Website is meant to be or should be taken as medical advice. If you have a medical condition or if you seek to improve or optimise your health and longevity then see an appropriate medical doctor or healthcare practitioner.
To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following: (a) if the breach relates to goods, (i) the replacement of the goods or the supply of equivalent goods, (ii) the repair of such goods, (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods or (iv) the payment of the cost of having the goods repaired; and (b) if the breach relates to services, (i) the supplying of the services again or (ii) the payment of the cost of having the services supplied again.
The statements on this site about ProLon®, Fasting Mimicking Diets® or any other product or services have not been evaluated by the Therapeutic Goods Administration (Australia) nor by the Food and Drug Administration (United States). ProLon® and any other products or services on this website are not intended to diagnose, treat, cure, or prevent any disease.
6. EXCEPTION TO DISCLAIMER
This disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
7. SPECIFIC WARNINGS
You must ensure that your access to this Website is not illegal or prohibited by laws which apply to you.
You must take your own precautions to ensure that the process which you employ for accessing this Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. You should also back-up any data on a daily basis. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this Website, its functionality or any linked website.
Whilst we have no reason to believe that any information contained on this Website or any associated software application is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep this website updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this Website or any associated software application.
We do not give you any assurances that any information contained on this Website or any associated software application will be suitable for your purposes or that it will be error-free. You agree that you will not rely on any such information or its availability and that any reliance you make will be on your own independent assessments or with the aid of qualified professional advice.
Where the information made available over this service contains opinions or judgements of third parties, we do not purport to endorse the contents of that opinion or advice nor the accuracy or reliability of that opinion or advice. We do not accept liability for loss or damage caused by your reliance upon any information obtained through this service and it remains your responsibility to evaluate the accuracy, completeness and usefulness of any such information.
Responsibility for the content of advertisements appearing on this Website (including hyperlinks to advertisers’ own websites), if any, rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers’ products and each advertiser is solely responsible for any representations made in connection with its advertisement.
Unless clearly stated otherwise by us on this Website, copyright in this Website and any associated software applications (including text, graphics, logos, icons, movies, sound recordings and software) is owned or licensed by us, with the exception of content in the public domain or otherwise made freely available for use by its originator or owner. Information procured from a third party may be the subject of copyright owned by that third party. Other than for the purposes of, and subject to the conditions set out below, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you may not in any form or by any means:
- modify, adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this Website or its functionality; or
- commercialise any information, products or services obtained from any part of this Website or associated software applications;
without our written permission or, in the case of third party material, from the owner of the copyright in that material.
9. TRADE MARKS
Except where otherwise specified, any word or device to which is attached the TM or ® symbol is a trade mark.
If you use any of our trade marks or the trade marks of L-Nutra Inc in reference to our activities, products or services, you must include a statement attributing that trade mark to the owner. You must not use any of our or L-Nutra Inc’s trade marks:
- in or as the whole or part of your own trade marks;
- in connection with activities, products or services which are not ours or L-Nutra Inc’s;
- in a manner which may be confusing, misleading or deceptive;
- in a manner that disparages us or L-Nutra Inc’s information, products or services (including this Website).
10. RESTRICTED USE
Unless we agree otherwise in writing, you are provided with access to this Website and associated software applications only for your personal use and use in your practice or your research, teaching activities or for your education to become or continue as a health practitioner. You are authorised to print a copy of any information contained on this Website or associated software applications or save such a copy in electronic form for your personal use or in your practice or research or teaching or educational activities (or as specified in your written agreement, if any), unless such printing is expressly prohibited by us. Without limiting the foregoing, you may not without our written permission on-sell information obtained from this Website or associated software applications.
11. LINKED WEBSITES
This Website and associated software applications may contain links to other websites (‘linked websites’). Those links are provided for convenience only and may not remain current or be maintained.
We are not responsible for the content or privacy practices associated with linked websites.
Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites; or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.
13. SECURITY OF INFORMATION
Please see our privacy and security policy here.
14. TERMINATION OF ACCESS
Access to this Website and the LifeX Australia functionality may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.
15. GOVERNING LAW
These terms and conditions are governed by the laws in force in Victoria, Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.
16. DISPUTE RESOLUTION
If a party considers there is a dispute relating to this LifeX Australia Website, its functionality, associated software applications or these terms and conditions (‘dispute’) it shall give the other party written notice of the dispute. If the parties have not resolved the dispute within 30 days of the notice being given, the party who gave the notice shall initiate mediation before a mediator chosen by the parties or, where the parties cannot agree, by the Australian Commercial Disputes Centre (ACDC). The parties will use their best endeavours to settle the dispute promptly. The mediation will be conducted in Hobart, Tasmania, Australia in accordance with ACDC Mediation Guidelines provided they do not conflict with the provisions of this paragraph. If the dispute is not resolved in 60 days after mediation is initiated, mediation will terminate unless the parties otherwise agree.
A party must not commence legal proceedings against the other party in relation to a dispute until the procedure set out in the previous paragraph has been complied with, unless the relief sought by the party includes the grant of urgent interlocutory relief.
We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstances beyond our reasonable control.
If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
If any of these terms and conditions is held to be invalid, unenforceable or illegal in a jurisdiction for any reason, the remaining terms and conditions shall nevertheless continue in full force in that jurisdiction.
18. ACCEPTING THE TERMS
If you do not accept these terms, exit the Website now.
These Terms of Service were originally placed on this Website 29 March 2019 and were last updated 25 February 2020.