Terms of Service
These statements have not been evaluated by the Food and Drug Administration (FDA). These products and services are not intended to diagnose, treat, cure or prevent any disease.
This website, hereinafter called “the site”, is owned and operated by FIXBIOME PTY LTD, hereinafter called “FixBIOME”. FixBIOME maintains the site as a service to its visitors, subject to the following terms and conditions concerning the use of the site. When you use the site, you accept the Terms of Service, hereinafter called “the terms”.
If you do not agree to the terms you may not use the site.
FixBIOME reserves the right to modify content on the site, and the terms, periodically without prior notice.
The Services, hereinafter called in the terms “services” include but are not limited to use of FixBIOME site, Products, hereinafter called “products”; dietary supplements, breath tests, mobile phone applications, data management.
Use of the site
FixBIOME requires that its agreements be made with persons who are qualified to contract. As a patient you must be over the age of eighteen (18) years. In the case of a patient being under the age of eighteen (18) years, a parent or guardian must accept this agreement and must be present at all consultations.
FixBIOME makes no warranties, whether expressed or implied, as to the content or services offered by any third parties whose identities or contacts are hosted on the site.
FixBIOME does not guarantee that our products or services represent an appropriate course of treatment for your particular health care problem. You agree to contact your own doctor immediately should your condition change or your symptoms worsen. If you require urgent care, you should contact your local emergency services immediately.
The services are offered on an “as is” basis and used by the site user solely at their own risk. FixBIOME may, among other things withdraw, suspend or discontinue any functionality or feature of its products and services.
When you register to obtain a product or service on the site, you accept the terms. Your use of any such product or service offered on the site is governed by these terms. Except as provided in the terms, FixBIOME does not warrant that any product descriptions or content contained within the site is accurate, current, reliable, complete, or error-free.
As part of your registration you are required to provide us with certain personally identifiable information. It is your responsibility to update this information so our records are current, complete and accurate.
FixBIOME reserves the right to cancel your registration without notice and at its sole discretion.
Network & Data Security
FixBIOME stores data online using Secure Sockets Layer (SSL) to provide users secure and private access.
Intellectual Property Information
The site and the content within the site are the property of FixBIOME or its suppliers and are protected by laws relating to intellectual property, including copyright laws, and international treaty provisions. The compilation, organization and display of the content as well as all software and inventions used on and in connection with the site are the exclusive property FixBIOME. FixBIOME reserves all rights in the site and its content not specifically granted in any agreements with FixBIOME or in the terms.
Release and Indemnity
In consideration of FixBIOME (which expression shall be taken to include FixBIOME’s servants, agents, officers and directors, successors or assigns) agreeing to permit me to use the site and ancillary services:
I release FixBIOME from all claims which the I have, now or later against FixBIOME whether for: personal injury (including death and disability) or otherwise, and whether occasioned by:
- breach of contract,
- breach of statutory duty or
suffered as a result of or in connection with my using the site and ancillary services.
I indemnify and will at all times in the future indemnify FixBIOME against all proceedings, actions, claims or demands made by any person for: personal injury (including death and disability) or otherwise, and whether occasioned by:
- breach of contract,
- breach of statutory duty or otherwise, suffered as a result of or in connection with my using the site and ancillary products and services
EXCEPT AS EXPRESSLY STATED IN AN AGREEMENT BETWEEN YOU AND FIXBIOME, ALL CONTENT, SERVICES, PRODUCTS AND SOFTWARE PROVIDED ON THIS WEB SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. FIXBIOME AND ITS SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU ARE SOLELY RESPONSIBLE FOR THE APPROPRIATENESS OF THE SITE, ITS CONTENT, AND THE PRODUCTS AND SERVICES OFFERED BY FIXBIOME ON THE SITE FOR YOUR INTENDED APPLICATION AND USE. FIXBIOME DOES NOT WARRANT THAT THE SITE, ITS CONTENT, OR THE PRODUCTS AND SERVICES IT OFFERS ON THE SITE MEET YOUR REQUIREMENTS. SUBJECT TO THE TERMS OF ANY AGREEMENT BETWEEN YOU AND FIXBIOME, ITS SUPPLIERS AND LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, EVEN IF FIXBIOME ITS SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
These Terms of Service were last updated on 23 June 2022
Mobile Terms of Service
Last updated: July 03, 2022
The FixBIOME mobile message service (the “Service”) is operated by FixBIOME (“FixBIOME”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
By consenting to FixBIOME’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of FixBIOME through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with FixBIOME. Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Service at any time. Text the single keyword command STOP to +18336741553 or click the unsubscribe link (where available) in any text message to cancel. You’ll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other FixBIOME mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.
For Service support or assistance, text HELP to +18336741553 or email firstname.lastname@example.org.
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.