WEBSITE TERMS AND CONDITIONS OF USE

1. About the Website

(a) Welcome to www.phenxx.com (Website). The Website provides you with an opportunity to browse and purchase various products created and curated by Phenxx that are listed for sale through the Website (Products). The Website provides this service by way of granting you access to the content and information on the Website (Purchase Services).

(b) The Website is operated by PhenXX Pty Ltd (ACN 654 535 181). Access to and use of the Website, or any of its associated Products or Services, is provided by PhenXX Pty Ltd . Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.

(c) PhenXX Pty Ltd reserves the right to review and change any of the Terms by updating this page at its sole discretion. When PhenXX Pty Ltd updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2. Acceptance of the Terms

You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by PhenXX Pty Ltd in the user interface.

3. Registration to use the Purchase Services

(a) In order to access the Purchase Services, you must first register as a user of the Website. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including:

(b) You warrant that any information you give to PhenXX Pty Ltd in the course of completing the registration process will always be accurate, correct and up to date.

(c) Once you have completed the registration process, you will be a registered member of the Website (Member) and agree to be bound by the Terms. As a
Member, you will be granted immediate access to the Purchase Services.

(d) You may not use the Purchase Services and may not accept the Terms if:

4. Your obligations as a Member

(a) As a Member, you agree to comply with the following: You will use the Purchase Services only for purposes that are permitted by:

5. Purchase of Products and Returns Policy

(a) In using the Purchase Services to purchase the Product through the Website, you agree to the payment of the purchase price listed on the Website for the Product (Purchase Price).

(b) Payment of the Purchase Price may be made through Stripe or PayPal, or any other accredited payment gateway provider (Payment Gateway Provider). In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.

(c) Following payment of the Purchase Price being confirmed by PhenXX Pty Ltd , you will be issued with a receipt to confirm that the payment has been received and PhenXX Pty Ltd may record your purchase details for future use.

(d) PhenXX Pty Ltd may, at their sole discretion, provide a refund on the return of the Products within 30 days where the Product packaging is unopened and remains in a saleable condition. You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund pursuant to this clause.

6. Delivery

(a) You acknowledge that the Purchase Services offered by PhenXX Pty Ltd integrate delivery (Delivery Services) through the use of third party delivery companies (Delivery Service Providers).

(b) In providing the Purchase Services, PhenXX Pty Ltd may provide you with a variety of delivery and insurance options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that PhenXX Pty Ltd is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.

(c) In the event that an item is lost or damaged in the course of the Delivery Services, PhenXX Pty Ltd asks that you:

7. Warranty

(a) PhenXX Pty Ltd 's Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product and compensation for any other reasonably
foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (Warranty).

(b) You may make a claim under this clause (Warranty Claim) for material defects and workmanship in the Products within 12 months from the date of purchase (Warranty Period).

(c) In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase to PhenXX Pty Ltd showing the date of purchase of the Products, provide a description of the Products and the price paid for the Products by sending written notice to PhenXX Pty Ltd by email at hello@phenxx.com.

(d) Where the Warranty Claim is accepted then PhenXX Pty Ltd will, at its sole discretion, either repair or replace any defective Products or part thereof with a new or remanufactured equivalent during the Warranty Period at no charge to you for parts or labour. You acknowledge and agree that you will be solely liable for any postage or shipping costs incurred in facilitating the Warranty Claim.

(e) The Warranty shall be the sole and exclusive warranty granted by PhenXX Pty Ltd and shall be the sole and exclusive remedy available to you in addition to other rights and under a law in relation to the Products to which this warranty relates.

(f) All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period.

(g) The Warranty does not apply to any appearance of the supplied Products nor to the additional excluded items set forth below nor to any supplied Products where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction.

8. Copyright and Intellectual Property

(a) The Website, the Purchase Services and all of the related products of PhenXX Pty Ltd are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (Content ) are owned or controlled for these purposes, and are reserved by PhenXX Pty Ltd or its contributors.

(b) PhenXX Pty Ltd retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:

9. Privacy

PhenXX Pty Ltd takes your privacy seriously and any information provided through your use of the Website and/or the Purchase Services are subject to PhenXX Pty Ltd 's Privacy Policy, which is available on the Website.

General Disclaimer

ALL PRODUCTS ARE SUPPLIED BY OUR THIRD PARTY SUPPLIERS. NONE OF PHENXX, ITS AFFILIATES, SUBSIDIARIES, OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “PHENNXX PARTIES”) ENDORSE OR RECOMMEND ANY PRODUCTS SOLD THROUGH THE SITE. NONE OF THE PHENXX PARTIES IS A PARTY TO, OR HAS ANY RESPONSIBILITY OR LIABILITY WITH RESPECT TO, ANY PRODUCTS YOU PURCHASE OR ANY TRANSACTION YOU ENTER INTO THROUGH THE SITE. WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH THE FOREGOING. ANY AND ALL CLAIMS WITH RESPECT TO THE PRODUCTS MUST BE BROUGHT AGAINST THE APPLICABLE SUPPLIERS AND NOT AGAINST PHENXX PARTIES.
The Site and the Service are provided for informational purposes only, and is not intended as a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your or your family member(s)’ physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on this Site. If you think you or your family member(s) may have a medical emergency, call your doctor or your local emergency number immediately. None of Phenxx Parties recommend or endorse any specific products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on the Site and the products available through the site is solely at your own risk.
YOU ACKNOWLEDGE AND AGREE THAT THE SITE, THE CONTENT AND THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NONE OF PHENXX PARTIES GUARANTEES THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, SUITABILITY OR USEFULNESS OF ANY PORTION OF THE SITE, THE CONTENT OR THE PRODUCTS PURCHASED THROUGH THE SITE. NONE OF PHENXX PARTIES WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THIS SITE, ITS SERVER OR ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SITE ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE AND THE ACCURACY, TIMELINESS OR COMPLETENESS OF THE CONTENT OR THE PRODUCTS PURCHASED THROUGH THE SITE IS ASSUMED SOLELY BY YOU. NONE OF PHENXX PARTIES MAKE ANY, AND HEREBY SPECIFICALLY DISCLAIM ANY AND ALL, REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, CONTENT, SERVICE, OR PRODUCTS PURCHASE THROUGH THE SITE, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR THE SERVICE IS TO STOP USING THE SITE AND/OR THE SERVICE.
UNDER NO CIRCUMSTANCES WILL ANY OF THE PHENXX PARTIES BE LIABLE TO YOU , YOUR FAMILY MEMBER(S) OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON ANY OF THE CONTENT, THE PRODUCT PURCHASED THROUGH THE SITE, OR ANY OTHER INFORMATION OBTAINED THROUGH THE SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THIS SITE. IN NO EVENT SHALL ANY OF PHENXX PARTIES BE LIABLE TO YOU, YOUR FAMILY MEMBER(S) OR ANY THIRD PARTY, FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE SITE, THE CONTENT, THE SERVICE, OR THE PRODUCTS PURCHASED THROUGH THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES, IN SUCH JURISDICTIONS PHENXX PARTIES’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.


(a) You acknowledge that PhenXX Pty Ltd does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.

(b) PhenXX Pty Ltd will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.

(c) Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

(d) Subject to this clause, and to the extent permitted by law:


(e) Use of the Website, the Purchase Services, and any of the products of PhenXX Pty Ltd (including the Delivery Services), is at your own risk. Everything on the Website, the Purchase Services, and the Products of PhenXX Pty Ltd , are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of PhenXX Pty Ltd including any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of PhenXX Pty Ltd ) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:


11. Limitation of Liability

(a) PhenXX Pty Ltd 's total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of PhenXX Pty Ltd is the resupply of information or Purchase Services to you.

(b) You expressly understand and agree that PhenXX Pty Ltd , its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under
any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

(c) PhenXX Pty Ltd is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of PhenXX Pty Ltd, by third parties or by any of the Purchase Services offered by PhenXX Pty Ltd.

(d) You acknowledge that PhenXX Pty Ltd does not provide the Delivery Services to you and you agree that PhenXX Pty Ltd will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.

12. Termination of Contract

(a) The Terms will continue to apply until terminated by either you or by PhenXX Pty Ltd as set out below.

(b) If you want to terminate the Terms, you may do so by:

(c) Your notice should be sent, in writing, to PhenXX Pty Ltd via the 'Contact Us' link on our homepage.

(d) PhenXX Pty Ltd may at any time, terminate the Terms with you if:

(i) you have breached any provision of the Terms or intend to breach any provision;

(ii) PhenXX Pty Ltd is required to do so by law;

(iii) the partner with whom PhenXX Pty Ltd offered the Purchase Services to you has terminated its relationship with PhenXX Pty Ltd or ceased to offer the Purchase Services to you;

(iv) PhenXX Pty Ltd is transitioning to no longer providing the Purchase Services to Users in the country in which you are resident or from which you use the service; or

(v) the provision of the Purchase Services to you by PhenXX Pty Ltd is, in the opinion of PhenXX Pty Ltd , no longer commercially viable.

(e) Subject to local applicable laws, PhenXX Pty Ltd reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts PhenXX Pty Ltd 's name or reputation or violates the rights of those of another party.

(f) When the Terms come to an end, all of the legal rights, obligations and liabilities that you and PhenXX Pty Ltd have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

13. Indemnity

(a) You agree to indemnify PhenXX Pty Ltd , its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

(i) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;

(ii) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or

(iii) any breach of the Terms.


14. Dispute Resolution

14.1. Compulsory

If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

14.2. Notice

A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

14.3. Resolution

On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:

(i) Within 28 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;

(ii) If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;

(iii) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;

(iv) The mediation will be held in Sydney, Australia.

14.4. Confidential

All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.

14.5. Termination of Mediation

If 2 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

Venue and Jurisdiction

The Purchase Services offered by PhenXX Pty Ltd are intended to be used by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.

Governing Law

The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

Unsolicited Information

By submitting any unsolicited information and materials, including comments, ideas, questions, designs, and other similar communications (collectively, “Unsolicited Information”) to us through the Site or the Service, you agree to be bound by the following terms and conditions. If you do not agree with these terms and conditions, you should not provide us with any Unsolicited Information. All Unsolicited Information will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. We, or any of our affiliates, may use such communication or material for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and further posting. Further, we and our affiliates are free to use any ideas, concepts, know-how, or techniques contained in any communication or material you send to the site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. By submitting any Unsolicited Information, you are granting us a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer and sell such Unsolicited Information and to use your name and other identifying information in connection with such Unsolicited Information.