Terms & Conditions

TERMS AND CONDITIONS OF SALE

Please read these Terms and Conditions of Sale ("Terms") carefully before purchasing a subscription software product ("Product") from Ascend Laboratories ACN 631 371 241 ("Seller"). By making a purchase, you acknowledge and agree to be bound by these Terms.

1. Subscription and License: The Product is offered as a subscription service, granting you a non-exclusive, non-transferable license to use the Product for the duration of your subscription period. The subscription will automatically renew unless you cancel it prior to the renewal date. The license is limited to use by a single individual or entity, and you may not sublicense, transfer, or distribute the Product to any third party.
2. Payment and Pricing: You agree to pay the subscription fee as specified by Seller at the time of purchase. The subscription fee is non-refundable unless otherwise stated by Seller. Seller reserves the right to change the subscription fee or pricing for the Product at any time, and any changes will be effective upon renewal of your subscription.
3. Delivery and Access: Upon purchase, Seller will provide you with access to the Product via a designated online platform or download link. You are responsible for providing and maintaining your own hardware, software, and internet connection to access and use the Product. If Seller offers hardware leasing options, any hardware provided by Seller remains the property of Seller and must be returned in good condition upon termination of your subscription.
4. Intellectual Property: The Product, including all associated software, documentation, and intellectual property, is owned by Seller or its licensors and is protected by applicable intellectual property laws. You may not modify, copy, reproduce, distribute, or create derivative works of the Product without the prior written consent of Seller.
5. Privacy and Data Security: Seller may collect and use certain personal and non-personal information in accordance with its Privacy Policy, which is available on its website. You are responsible for ensuring the accuracy and legality of any data or content you provide to the Product. Seller takes reasonable measures to protect the security and confidentiality of your data, but cannot guarantee absolute security.
6. Warranty and Disclaimer: The Product is provided "as is" without any warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. Seller does not warrant that the Product will be error-free, uninterrupted, or free of viruses or other harmful components.
7. Limitation of Liability: To the maximum extent permitted by law, Seller shall not be liable for any indirect, incidental, consequential, special, or punitive damages arising out of or related to your use of the Product, even if Seller has been advised of the possibility of such damages. In no event shall Seller's total liability exceed the amount paid by you for the Product during the preceding twelve (12) months.
8. Termination: Seller may terminate or suspend your subscription and access to the Product at its sole discretion, with or without cause, and without liability. Upon termination, your right to use the Product shall cease, and you shall immediately cease all use of the Product and delete any copies of the Product in your possession. If hardware is leased from Seller, you must return the leased hardware in good condition upon termination.
9. Governing Law and Jurisdiction: These Terms shall be governed by and construed in accordance with the laws of Western Australia. Any disputes arising out of or related to these Terms or the Product shall be resolved exclusively in the courts located in Western Australia.

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Hardware Lease Agreement

Terms and Conditions of Sale - Hardware Lease

These Terms and Conditions of Sale (the "Agreement") govern the lease of hardware (the "Hardware") by Ascend Laboratories (the "Seller") to the customer (the "Customer"). By entering into a hardware lease agreement with the Seller, the Customer agrees to be bound by the terms and conditions outlined below:

1. Hardware Lease: The Seller agrees to lease the Hardware to the Customer for the duration specified in the lease agreement, free of charge. The Customer acknowledges that the Hardware is the property of the Seller and is being leased, not sold.
2. Rental Payment: As the Hardware is being leased for free, no rental payment is required from the Customer.
3. Return of Hardware: At the end of the lease term or upon termination of the lease agreement, the Customer shall return the Hardware to the Seller in the same condition as when received, normal wear and tear excepted. The Customer shall be responsible for any damages to the Hardware beyond normal wear and tear.
4. Maintenance and Repairs: The Customer shall be responsible for the routine maintenance and repairs of the Hardware during the lease term, including any costs associated with such maintenance and repairs, unless otherwise specified in the lease agreement.
5. Risk of Loss or Damage: The Customer shall bear the risk of loss or damage to the Hardware during the lease term. In case of loss or damage due to theft, vandalism, fire, or any other cause, the Customer shall immediately notify the Seller and take all necessary measures to protect the Hardware and minimize further loss or damage.
6. Ownership and Title: The Customer acknowledges that the Seller retains ownership and title to the Hardware at all times during the lease term, and the Customer shall not acquire any ownership or title to the Hardware.
7. Termination: The Seller may terminate the lease agreement and retrieve the Hardware upon breach of any terms and conditions outlined herein, including failure to return the Hardware at the end of the lease term, or any other material breach of the lease agreement.
8. Liability and Indemnification: The Customer agrees to indemnify, defend, and hold harmless the Seller from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to the lease of the Hardware, including but not limited to any damages to the Hardware, injuries to persons or property, or any other liabilities incurred by the Customer or any third party.
9. Governing Law and Jurisdiction: This Agreement shall be governed by and construed in accordance with the laws of Australia, without regard to conflicts of laws principles. Any disputes arising out of or related to this Agreement shall be resolved exclusively by the courts of Australia.
10. Entire Agreement: This Agreement constitutes the entire understanding and agreement between the Seller and the Customer regarding the lease of the Hardware, and supersedes all prior or contemporaneous understandings, representations, and agreements, whether oral or written, relating to the subject matter herein.

By signing the lease agreement or accepting the Hardware from the Seller, the Customer acknowledges and agrees to be bound by the terms and conditions of this Agreement.

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