Terms & Conditions

Terms of Service 

Created and last updated on 5th March 2025 

Athena Biomed Products are for use by Qualified Health Professionals Only. ALWAYS READ THE INSTRUCTIONS FOR USE. ALWAYS FOLLOW THE INSTRUCTIONS FOR USE.

Part A: INTRODUCTION

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Section 1. THE Athena Biomed ONLINE STORE

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• These Terms sets out the terms and conditions of your purchase of Athena Biomed products (“Products”) and services, including our training sessions (“Training”), through our online store (“Store”) available at the website (https://www.mintliftsg.com/). Throughout these Terms, the terms “Athena Biomed”, “we”, “us” and “our” refer to Athena Biomed Pty Ltd (ABN 20684365222), of 2Suite 302 13-15 Wentworth Avenue, Sydney NSW, 2000  Athena Biomed offers the Store, including all information, Products and Training to you (“you”, “your” and “the Customer”), on the condition that you accept all terms, conditions, policies and notices stated in these Terms and on our website.

• By visiting our Store and purchasing our Products and/or Training, you agree to be bound by these Terms. Please read these terms and conditions carefully before purchasing our Products or Training.

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Section 2. ORDERING AND ACCOUNTS

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• Athena Biomed agrees to sell and you agree to purchase the Products and/or Training you order from our Store.

• To submit an order for our Products or Training (“Order”), you agree to provide us purchase and account information for all purchases. You agree to promptly update and keep up-to-date your account and other information, including your email address, delivery details and credit card numbers and expiration dates, so that we can complete your Order and contact you as required.  Changes to your contact details or billing information may be made by accessing your account online.

• You may not cancel, modify or defer an Order without our prior consent (which may be provided at our sole discretion). We may charge a cancellation fee if we consent to you cancelling an Order.

• We are not liable for any charges you incur as a result of any failure to update your payment details. If we incur an expense due to incorrect payment information provided by you, we reserve the right to seek reimbursement from you for such expense.

• You may access and use the Store to review our Products and Training, our Price List and to submit Orders. You must not use the Store for any unlawful purpose; to infringe upon or violate our intellectual property rights or the intellectual property rights of others; to harass, abuse, insult, harm or defame any person or to upload any malicious code or viruses.  We may terminate your use of the Store or any related website for any of these prohibited uses.

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Section 3. PRICING AND PAYMENT

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• We will publish a price list of our Products and Training in our Store (“Price List”). From time to time, we may change the availability, description or pricing of the Products and Training available on the Price List without prior notice to you, so please check the Price List carefully before submitting an Order.

• Unless Section 3(c)applies, you must pay for Orders by pre-paying each Order in full at the point of sale using one of the online payment systems available from our Store.

• In some circumstances, we may approve payments for Products or Training to be made after an Order is submitted. In these cases, you must pay for the Order in full without deduction, withholding or set-off (of any kind) within 30 days of receiving a tax invoice for the Order.

• Any undisputed amount not paid when due may be subject to interest at the rate set by section 2 of the Penalty Interest Rate Act 1983 (VIC), per annum determined and compounded on a daily basis from the date due until the date paid.

• Except where expressly stated otherwise, all prices on the Price List are exclusive of Goods and Training Tax (“GST”) chargeable under the A New Tax System (Goods and Services Tax) Act 1999 (Cth). GST is payable by you at the same time as the price for the relevant Order.

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Part B: PRODUCTS

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Section 4. PRODUCT ELIGIBILITY REQUIREMENTS

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• Unless Section 4(c) applies, by purchasing our Products, you represent and warrant that you hold or meet all the experience and qualification requirements required to purchase and use our Products (“Eligibility Requirements”), including:

  • successfully completed foundational training sessions (recognised by Athena Biomed), including Foundational Injectables Training or Surgical Training;

  • successfully completed training sessions (recognised by Athena Biomed) in the relevant Product and its applications or procedure ;

  • a qualification as at least one of the following: a Registered Nurse, Nurse Practitioner or Physician, with a current registration with the Australian Health Practitioner Regulation Agency (“AHPRA”); and

  • any other training and/or experience requirements as determined by Athena Biomed from time to time.

• You must ensure that your qualifications and training are up-to-date and relevant. You must not use our Products if you are not appropriately qualified or do not have the relevant experience.

• If you are purchasing Products to arrange a training session (please see Part C, below), then the Eligibility Requirements do not apply and you may purchase and use our Products in accordance with these Terms.

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Section 5. DELIVERY AND SHIPPING

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• We will use reasonable endeavours to deliver the Products to your nominated shipping address. Title and risk in the Products will pass to you upon delivery of Products to your nominated address.

• Please take care when placing your Order. We accept no liability or responsibility for incorrectly placed Orders, nor do we accept liability or responsibility for delivery details which are incorrectly supplied, or which you fail to supply.

• Any timeframes quoted by us for delivery of the Goods are estimates only. We will not be liable for any loss or damages arising in connection with or out of delay in the delivery of the Products.

• To the extent permitted by law, we may at any time prior to the delivery of Products cancel any Orders placed by you (even if previously accepted by us) for any reason, in whole or in part, including if any payment made by you is subsequently cancelled or dishonoured or if we do not have the Products in stock. If we cancel an Order in such circumstances, then any payment already made in respect of that part of the Order which has been cancelled will be refunded to you.

• Upon receipt of the Products, you must notify Athena Biomed within 12 hours of receipt of any discrepancies, errors or damage to the Products (as verified by your inspection of the Products and the relevant Product labelling, documentation and batch information). If no notice is received by Athena Biomed in this time period, then the delivery of the Order will be deemed to be correct and complete. 

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Section 6. USE OF OUR PRODUCTS

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• You must ensure that:

  • the Products are only used in accordance with the guidelines set out in the instructions for use (“IFUs”) included with the Products;

  • the Products are only used for the purposes for which they are intended;

  • the Products are only used by health care professionals who meet the Eligibility Requirements and have been registered with Athena Biomed (“Approved Users”), or by trainees during a training session under supervision of an Athena Biomed trainer in accordance with these Terms;

  • you and all Approved Users store and handle the Products in accordance with the IFUs and Athena Biomed’s recommendations (if any);

  • you cease use of our Products, or ensure that Approved Users cease use of the Products, if you or the Approved User no longer meet the Eligibility Requirements (as the case may be);

  • you comply, and ensure that all Approved Users comply, with all applicable health and safety regulations and requirements (including under the Therapeutic Goods Act 1989);

  • appropriate steps are taken in relation to the storage, handling, and the use of the Products;

  • the Products are not resold, on-sold or otherwise resupplied for trade purposes to any other party or exported out of Australia;

  • you do not use any Products which have expired, been damaged or have had their sterility compromised (such as by damaged packaging, if the Product is labelled as sterile); and

  • you do not use our Products for any illegal or unauthorised purposes.

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• You acknowledge and agree that the Products are intended for use to treat patients in the normal course of your practice, business or as part of a training session. Accordingly, you are responsible at all times (at your own costs) for all aspects of the procedure and patient care, based on best-practice clinical standards, including:

  • to be responsible for all pre-operative, peri-operative and post-operative care, including preparing the patient for the procedure, applying the procedures and protocols, providing all relevant patient instructions and precautions;

  • ensuring the clinically appropriate and sterile use of the Products, including the use of proper aseptic technique, the maintenance of a sterile field around the patient, the proper use of sterile personal protective equipment, ensuring that the patient is not touched unnecessarily and minimising the number of healthcare practitioners attending the procedure;

  • management of prescriptions and administration of associated therapeutic goods;

  • management of patient complications, regardless of the cause;

  • ensuring that patients are provided with clear written instructions (including your contact details) on how and when to report symptoms and side effects after a procedure (whether or not they are expected);

  • all relevant training for your clinical staff and Approved Users, including in the use of the written instructions for patients (including the maintenance of appropriate training records); and appropriate record keeping of each use of the Products and each procedure, including the number of units used for each procedure, the batch number, the Product code, the name of the Approved User, and the date of the procedure, as well as details of the disposal of non-sterile or expired Products. You must provide these records to Athena Biomed upon request

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• Before using the Products, you must (and ensure that any Approved User must):

  • use your own professional medical judgment to ensure that the Products are suitable and safe for the patient; and

  • fully disclose and explain to the patient all risks associated with the Products and the procedure as set out in the IFU, as well as any other known or anticipated risks, warnings, cautions, contraindications, complications, side effects, and potential adverse events related to the Products and the procedure. You must obtain the prior written informed consent from the patient (including by using the forms made available by Athena Biomed from our Store as amended from time to time).

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Section 7. ADVERSE EVENTS

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• You must immediately report to Athena Biomed (and in any event within 4 hours) any adverse events, complications, incidents, side effects, or new symptoms arising from your, or any of your Approved Users’, use of the Products or attendance at training sessions (Adverse Events).

• You must cease any further use of the Products related to the Adverse Event (that is, the Products in the same batch or Order).

• You must maintain adequate records of any Adverse Events and provide these records to Athena Biomed upon request.

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Section 8. RETURNS AND CANCELLATIONS

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• You must immediately notify Athena Biomed in writing if you become aware of any defect, malfunction or critical problem related to the Products.

• You are entitled to a replacement or credit where there is a major failure or defect in the Products. You must notify us after noticing the failure or defect as soon as possible, but at least within 5 business days (ie any day which is not a weekend or a public holiday).

• Athena Biomed may either exchange the Products for replacement Products or provide you with credit for the full amount paid for the Products. If we approve a return, you must return the affected Products or if directed by Athena Biomed to do so, irretrievably and safely dispose of or destroy the affected Products.

• This Section 8 does not apply if we consider that there is any evidence of mishandling or damage to the Products post delivery.

Part C: TRAINING

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Section 9. TRAINING ELIGIBILITY REQUIREMENTS

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• You represent and warrant that you hold or meet all the experience and qualification requirements to access training, including:

  • a qualification as at least one of the following: a Registered Nurse, Nurse Practitioner or Physician, with a current registration with AHPRA; and

  • other training and/or experience requirements which Athena Biomed may specify prior to the training session, including in relation to the Products relevant to the training session.

• You must ensure that your qualifications and training are up-to-date and relevant. You must not use our Training if you are not appropriately qualified or do not have the relevant experience.

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Section 10. TRAINING SESSIONS

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• Depending on the type of training session you wish to access, our Training may be:

  • free of charge, if you purchase Products through our Store to use in your training session; or

  • subject to a one-off training fee, as specified on our Store from time to time.

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• Depending on your location, the trainers’ availability and the training session you wish to attend, you may be required to supply, organise or provide the following items prior to attending your training session:

  • an appropriate clinical training venue for you and the trainer to conduct the relevant procedures;

  • a model patient who will receive the Products; and

  • any other materials, items or equipment required for the safe and sterile use of the Products.

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• Athena Biomed will notify you at the time of your purchase of the Training which items you will need to supply, organise or provide prior to attending your training session.

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• After you have booked Training, we will provide you with pre-reading materials in preparation for the training session. You must ensure that you have read and understood the pre-reading materials before your scheduled training session.  Please contact us through our Store or the details set out below if you have any questions or issues you wish to raise ahead of your training session.

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• Athena Biomed engages qualified and independent trainers to provide the training and evaluate your use of the Products and the relevant applications or procedures.  The trainers will use their own independent and professional judgment and opinion to determine whether to issue you with a certificate of completion (“Training Certificate”).  Alternatively, the trainer may request that you attend further training sessions or recommend that the Training Certificate should not be issued to you following the training session.  The trainer will provide Athena Biomed with their assessment and recommendation of you for our records.  Athena Biomed will not seek to influence or intervene in the trainer’s decision. 

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• If you have ordered Products to use in a training session as a trainee, then:

  • you must not use the Products prior to your attendance at the training session and receiving a Training Certificate;

  • you must not give, sell, transfer or dispose of the Products to any other person at any time;

  • you must store the Products safely and securely (in accordance with the IFUs);

  • you must only use the Products as directed by the trainer during the training session;

  • once you have completed the training session and received your Training Certificate, you may continue to use the Products for your own practice in accordance with these Terms; and

  • if you do not receive a Training Certificate following your training session, you must return all remaining unused Product in your possession to Athena Biomed by post or courier, within 2 business days (ie any day which is not a weekend or a public holiday) of the training session. Athena Biomed will refund you the cost of the Product returned in its packaging and in a sterile condition that you did not use. 

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• If the trainer determines that you should not receive a Training Certificate following a training session, Athena Biomed will not be liable to refund any amount for the cost of the training session (other than a refund for the return of unused Product under clause Section 10(f)(vi)).

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Section 11. TRAINING MATERIALS

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• Athena Biomed will provide you with the following materials:

  • pre-reading materials (prior to your training session);

  • videos of trainers using the Products and performing the procedures;

  • post training materials and after care information, together with patient forms and product information sheets (after you have received your Training Certificate); and

  • the trainer may also separately provide further materials to you during the training session;

(each a part of the “Training Materials”)

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• You acknowledge and agree that the Training Materials will contain information and examples which are provided for your information only. The Training Materials are not intended to replace or supersede your own professional judgment and you must not rely solely on the training materials without using your own professional judgment in each case.  Athena Biomed expressly disclaims any liability for any information or examples in the Training Materials which may be inaccurate, out of date or misleading. 

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Section 12. CANCELLATIONS

• Training sessions may not be cancelled or refunded. Athena Biomed will consider (at its sole discretion) requests to reschedule a training session if the request is made in writing at least 2 business days before the scheduled training session (inclusive).  Athena Biomedm may charge a rescheduling fee of $500 (ex GST). 

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Part D: GENERAL

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Section 13. INSURANCE

• Prior to ordering our Products or Training, you must hold adequate, valid and current insurance in respect of your practice which includes your use of the Products and its related applications and procedures, including:

  • public liability insurance for at least AUD $10 million per claim; and

  • professional indemnity insurance for at least AUD $10 million per claim;

• You must provide us with a copy of your certificate of coverage upon request.

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Section 14. DISCLAIMERS AND LIABILITY

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• To the maximum extent permitted by law, Athena Biomed excludes all statutory or implied conditions, guarantees and warranties, and where liability under any condition, guarantee or warranty which cannot legally be excluded but can be validly limited, such liability is limited to:

  • in the case of the Products, the replacement of the Products or the supply of equivalent goods; the repair of the Products; the payment of the cost of replacing the Products or of acquiring equivalent goods; or the payment of the cost of having the Products repaired; and

  • in the case of the Training, supplying the Training again; or paying the cost of having the Training supplied again.

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• To the extent permitted by law, Athena Biomed does not accept any responsibility for any loss, damage, liability or cost which may arise from use or reliance on the Products or Training and disclaims and excludes any warranty, representation or undertaking as to the purpose for which the Products or Training may be suitable, including any purpose for which you may intend to use the Products or Training.

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• You warrant to Athena Biomed that you have not relied on any representation made by us which has not been stated expressly in these Terms, or upon any descriptions or specifications contained in any Training Materials or document including brochures, marketing and promotional materials produced by us.

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• While we have taken due care in developing and maintaining our Store, to the extent permitted by law, we do not warrant, and exclude all representations and warranties that:

  • access to the Store will be available at any time, or that access will at all times be secure, uninterrupted or error free; or

  • our Products and Training will be available at any time.

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• Despite any other provision of these Terms and to the maximum extent permitted by applicable law, Athena Biomed will not be liable under contract, tort or otherwise in any circumstances for any indirect, economic, special or consequential loss or damage, or in any event for any loss of revenue, loss of production, loss of use, loss of profit or loss of anticipated savings.

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• We are not responsible for any fault or failure if it has been caused by accidental or deliberate damage, neglect or misuse, in each case by either you or a third party.

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Section 15. INDEMNITIES

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• You agree to indemnify, defend and hold harmless Athena Biomed and our officers, directors, agents, subcontractors and employees, harmless from any claim or demand, including reasonable legal fees, made by any third-party (including any patients) due to or arising out of:

  • your breach of these Terms or the documents incorporated by reference, or your violation of any law or the rights of a third-party;

  • death of, injury to, or damage or loss to any property of any person caused by any of your acts or omissions or those of your agents, employees or contractors relating to your use of the Products or Training, whether the act or omission was negligent, unlawful, fraudulent or dishonest; and

  • fraud or fraudulent misrepresentation or wilful misconduct by you.

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• You agree to reimburse Athena Biomed for any costs or damages incurred in the recovery (or attempted recovery) of any amount owed by you, or any other enforcement action taken by us in connection with these Terms.

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Section 16. TERMINATION

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• These Terms are effective unless and until terminated by either you or us. Without limiting any obligations you may have under these Terms, you may terminate these Terms at any time by notifying us that you no longer wish to use our Products or Training, or when you cease using our Store.

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• We may also terminate these Terms with you for convenience by providing 30 days written notice.

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• Without limiting any other right or remedy under these Terms, we may suspend or terminate your access to the Store and cease further supply of Products to you immediately and at any time without prior notice and you will remain liable for all amounts due up to and including the date of suspension or termination, if the following circumstances apply:

  • we consider that you have breached any provision of these Terms, or

  • you assign or otherwise dispose of any interests or right under these Terms without the prior written consent of Athena Biomed.

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• The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms for all purposes.

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Section 17. FORCE MAJEURE

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• Athena Biomed will not be in breach of these Terms nor liable for delay in performing, or failure to perform, any of its obligations under these Terms if that delay or failure result from events, circumstances or causes beyond its reasonable control (a Force Majeure Event), including an act of God, natural disasters, war, terrorism, insurrection, vandalism or sabotage, strike or other form of industrial disturbance, supply chain disruption, pandemics or epidemics, or law, rule or regulation of any government or governmental agency, and executive or administrative order or act of general or particular application.

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• In these circumstances, the time for performance will be extended by a period equivalent to the period during which performance of the obligation has been delayed or failed to be performed.

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Section 18. INTELLECTUAL PROPERTY

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• Athena Biomed reserves all intellectual property rights in relation to the Products, Training, Training Materials and the Store (as updated and amended from time to time). Nothing in these Terms transfers any right, title or interest in intellectual property in the Products, Training, Training Materials or Store to the Customer. 

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• Athena Biomed grants to the Customer a non-exclusive, non-transferable and limited licence to access and use the Training Materials and the Store in accordance with these Terms.

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Section 19. PRIVACY

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• We are committed to complying with our privacy obligations. All personal information we collect from you will be handled by us in compliance with the Privacy Act 1988 (Cth).

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• We collect personal information about you and billing information in order to process your Orders and supply you with Products and Training in accordance with these Terms. Information we collect includes delivery and billing addresses, phone number, email address, credit or debit card information and customer preferences data including your previous Orders (“Customer Data”).

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• If we encounter a problem when processing an Order, we will use your personal information to contact you. If we contract or partner with third parties to provide specialised services on our behalf, such as credit card processors, such companies are authorised to use your Customer Data only as necessary to provide these services to us.  They are not authorised to use your Customer Data for their own, unrelated purposes.

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• By placing an Order and providing us with your personal information, you consent to the collection, use, storage and disclosure of that information in accordance with these Terms. We will not use, or allow anyone else to use, Customer Data to contact any individual or company except as you direct or otherwise permit. 

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Section 20. SECURITY

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• We will ensure that reasonable security measures are implemented to protect Customer Data from unauthorised access and disclosure. Credit card information is always encrypted during transfer over networks.  If you have any questions regarding our security policy, please contact our customer support centre.

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Section 21. GENERAL

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• Notwithstanding any other provision of these Terms, nothing in these Terms is to be read as excluding, restricting or modifying the application of any legislation which by law cannot be excluded, restricted or modified.

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• In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

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• The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

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• These Terms constitutes the entire agreement and understanding between you and us and govern your purchase of the Products and Training and use of the Store, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms).

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• Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

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• Athena Biomed may assign any of its rights and obligations to any person. You may not assign any of your rights and obligations to any person without the prior written consent of Athena Biomed.

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• These Terms are governed by the laws of Victoria, and we both submit to the non-exclusive jurisdiction of the courts of Victoria.

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• We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to the Store. It is your responsibility to check the Store periodically for changes.  Your continued use of or access to the Store to submit Orders following the posting of any changes to these Terms constitutes acceptance of those changes.

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• To contact us, please email: orders@athenabiomed.com 

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