(a) We are not required to give reasons for rejecting your offer to purchase ProcuSphere Offerings.

(b) If we reject your offer to purchase our Offerings for any reason, neither party will be under any further liability to the other arising out of your original offer or our non-acceptance of that offer.

(c) Delivery of ProcuSphere Offerings to you will be effected in the manner described on the ProcuSphere website.

(d) You will not be able to use ProcuSphere Offerings until payment has been received.

(e) Payment must be effected in the manner described on the website. Prices are inclusive of goods and services tax.

(f) ProcuSphere Services are offered for sale only to people who can make legally binding contracts.

8.1 Timeframe

You may cancel your subscription 30 days before the next billing cycle if you have purchased a subscription-based product.

8.2 Refund

This clause is subject to your rights under statutory consumer protection laws including the Competition and Consumer Act 2010 (Cth). If You cancel your offering, you are not entitled to a refund for prior months regardless of whether you have used ProcuSphere Offerings. Any refunds for prior months provided by ProcuSphere are at the sole discretion of ProcuSphere. If ProcuSphere grants You a refund on one occasion, this does not mean that ProcuSphere will grant refunds in future instances for current or future purchases.

9.1 Suitability of our Offerings

We make no warranty about the suitability of our Offerings for your particular circumstances. You should consult with a doctor to determine if our  Offerings are right for you. We do not accept liability for any injury, loss, or damage you suffer from selecting unsuitable Offerings for your circumstances.

9.2 Cancellation of products and Services

ProcuSphere reserves its right to cancel any Offerings to you at any time if ProcuSphere determines, at its sole discretion that any ProcuSphere Offering will not be suitable for you or if you have supplied misleading or incorrect information either verbally or on any pre-screening or other ProcuSphere form. ProcuSphere will not be liable for any loss or damage that you suffer as a result of ProcuSphere’s cancellation.

9.3 Errors and updates

While we do our best to ensure that information on our website is error free and up to date, our information may contain errors and may not be up to date. We do not accept liability for any injury, loss, or damage that you suffer because of your reliance on information on our website.

9.4 Service interruptions

ProcuSphere does not guarantee, represent, or warrant that ProcuSphere’s Offerings will be uninterrupted or error free.

In addition to any other provision in these terms and conditions, ProcuSphere reserves the right to change, suspend, remove, or disable access to any ProcuSphere Offering, content or other materials at any time without notice to protect its legitimate interests. In no event will ProcuSphere be liable for making these changes. Also, ProcuSphere may impose limits on the use of or access to certain features or portions of ProcuSphere Offerings, content or materials or stop a ProcuSphere Offerings altogether, in any case and without notice or liability to protect its legitimate interests. Our disclaimer will survive termination.

9.5 ProcuSphere Services available “as is”

You expressly agree that your use of, or inability to use, the ProcuSphere website is at your sole risk. The ProcuSphere Offerings are delivered to you “as is” and “as available” for your use, without warranties of any kind and this includes express or implied warranties and all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

Because some jurisdictions do not allow the exclusion of implied warranties, the above exclusion of implied warranties may not apply to you. In addition, under the Australian Consumer law, there are certain consumer guarantees that cannot be excluded, including guarantees as to merchantability, fitness for purpose, supply by description, repairs, and title.

9.6 Exclusion of liability

In no case will ProcuSphere, its directors, officers, employees, affiliates, agents, contractors, or licensors be liable for any direct, indirect, incidental,  punitive, special, or consequential damages arising from your use of any ProcuSphere Offering or for any other claim related in any way to your use of ProcuSphere Offerings, including but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any Offering posted, transmitted or otherwise made available via ProcuSphere.

9.7 Your information

ProcuSphere will use reasonable efforts to protect information submitted by you in connection with the ProcuSphere Offerings, but you agree that your submission of such information is at your sole risk, and ProcuSphere disclaims any and all liability to you for any loss or liability relating to such information in any way.

9.8 Viruses and security breaches

You must take your own precautions to ensure that the process which you employ for accessing the ProcuSphere 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 acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmissions or data or of information contained on your computer system or on our website. We do not accept responsibility or liability of any nature for any such losses which you may sustain as a result of such activity.

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 the ProcuSphere website.

9.9 Liability limitation

Certain legislation, including the Competition and Consumer Act 2010 (Cth), may imply warranties or conditions or impose obligations upon  ProcuSphere that cannot be excluded, restricted, or modified. These terms must be read subject to these statutory provisions. If these statutory provisions apply, to the extent to which ProcuSphere is entitled to do so, ProcuSphere limits its liability in respect of any claim under those provisions to:
In the case of services, at ProcuSphere’s option:

In the case of goods, at ProcuSpheres’ option:

11.1 Illegal access

You must ensure that your access to the ProcuSphere website is not illegal or prohibited by laws that apply to you.

11.2 Australian law

Details contained on the ProcuSphere website relating to ProcuSphere Offerings have been prepared in accordance with Australian law and may not satisfy the laws of any other country. We do not warrant that the details on the ProcuSphere website concerning ProcuSphere Offerings will satisfy the  laws of any other country. It is your responsibility to determine whether these details satisfy the laws of the jurisdiction where you reside (if that  jurisdiction is outside Australia) and if the details do not satisfy the laws of your jurisdiction, you may not order any services or use the ProcuSphere  website.

11.3 Exclusion of CISG

The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) (the Vienna Convention) to these terms and  conditions (by virtue of any law relevant to these terms and conditions) is excluded.

11.4 Accuracy of information

We do not give you any assurances that any information contained on the ProcuSphere website 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.

We do not accept responsibility for any loss suffered as a result of reliance by you upon ProcuSphere Offerings or the accuracy or currency of  information contained on the ProcuSphere website.

11.5 Advertisements

Responsibility for the content of any advertisements appearing on the ProcuSphere website (including hyperlinks to advertisers’ own websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers’  products or services and each advertiser is solely responsible for any representations made in connection with its advertisement.

(a) in or as the whole or part of your own trademarks;

(b) in connection with activities or Offerings which are not ours;

(c) in a manner which may be confusing, misleading, or deceptive;

(d) in a manner that disparages us or our information or Offerings (including the ProcuSphere website).

16.1 License only

The software on our website made available through ProcuSphere is licensed, not sold to you.

16.2 Binding agreement

You acknowledge that the licence is a binding agreement between you and ProcuSphere. Your licence is subject to your prior acceptance of this Licensed  Application End User Licence Agreement (“Standard EULA”), and you agree that the terms of this Standard EULA will apply to each  ProcuSphere Offering, unless that ProcuSphere Offering is covered by a valid end user licence agreement between you and another ProcuSphere  provider, in which case the terms of that separate end user licence agreement will govern.

Your licence to the ProcuSphere Offerings under this Standard EULA or separate end user licence agreement is granted by ProcuSphere, and your licence to any third-party service under this Standard EULA or separate end user licence agreement is granted by the Application provider of that third- party service.

Any ProcuSphere offering that is subject to the licence granted under this Standard EULA is referred to as the “Licensed Application”. The Application  Provider or ProcuSphere as applicable (“Licensor”) reserves all rights in and to the Licensed Application not expressly granted to you under this  Standard EULA.

16.3 Scope of licence

This licence granted to you for the Licensed Application by the Licensor is limited to a non-transferable licence to use the Licensed Application. You may  not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time.

You may not rent, lease, lend, sell, transfer, re-distribute or sublicense the Licensed Application. You may not copy, decompile, reverse-engineer,  disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof  (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing  terms governing use of any open-sourced components included within the Licensed Application). Any attempt to do so is a violation of the rights of the  Licensor and its licensors. If you breach this restriction, you may be subject to prosecution and damages.

16.4 Upgrades

The terms of this licence will govern any upgrades provided by the Licensor that replace and/or supplement the original Licensed Application, unless  such upgrade is accompanied by a separate licence in which case the terms of that licence will govern.

16.5 Consent to use of data

You agree that the Licensor may collect and use technical data and related information including but not limited to technical information about your  device, system and application software, and peripherals that is gathered periodically to facilitate the provision of software updates, service support, and  other Services to you (if any) related to the Licensed Application. The Licensor may use this information, as long as it is in a form that does not  personally identify you, to improve its Services or to provide Services or technologies to you.

You acknowledge that upon acceptance of the terms and conditions of the licence, ProcuSphere will have the right to enforce such licence against you.

17.1 The ProcuSphere website

The ProcuSphere website 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, services or offerings referred to or contained on those linked websites, unless and to the  extent stipulated to the contrary.

17.2 To this website

Except on the terms of any access agreement separately agreed by us, we give no licence to exercise any intellectual property rights in anything  (including information and content such as films, sound recordings, literary works and artistic works, whether in a material form or not) on or accessible  via the ProcuSphere website (“materials”).

Without limiting the preceding sentence, any uses or disclosures (including reproductions and communications to the public) of any materials by you  and by any controlled persons must be subject to you:

18.1 How we handle emails

We will preserve the content of any email you send us if we believe we have the legal requirement to do so. Your e-mail message content may be  monitored by us for troubleshooting or maintenance purposes or if any form of email abuse is suspected.

18.2 Security of information

Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not  warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is  transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such  information. You agree that you will not share any logins with others or do anything that might put the security of your information at risk. We reserve  the right to stop your access to any portion of our website if appropriate. You acknowledge sole responsibility for and assume all risk arising from your  use of the ProcuSphere website.