General Terms and Conditions of Use

Introduction

Registration

Orders

 

Payment Terms

You acknowledge that the supply of the Products and Our performance of any part of the Services is conditional upon Us receiving payment of the Fees in advance. We do not represent or guarantee that the Products will be supplied, or that the Services will be performed or completed, within any specific timeframe, and We will not be liable for any delay in the timely delivery of the Products or performance of the Services.

All Fees are charged in the Local Currency applicable to Your region of residence. You acknowledge and agree that We may change Our Fees at any time. We will endeavour to notify You via the Website of any changes to the Fees before they come into effect, however this may not always be possible.

If You make any payments with a credit or charge card or an online payment account, You warrant that You are the cardholder or account holder and that the billing information provided is accurate. You authorise Us to charge the designated payment method for the total amount of the Fees, plus any applicable taxes. You acknowledge and agree that We may provide Your payment information to third-party payment processors (such as Stripe, Shopify, or AfterPay) to enable Us to process the charge.

Where applicable, You agree to pay any applicable goods and services tax (GST), value added tax (VAT), sales tax, and other similar taxes imposed in connection with the supply of the Products and Services in Your region.

You are responsible for all internet service provider fees, telecommunication and other charges required for Your connection to, or use of, Our Products or Services.

 

Refunds and Returns

Overview

Microba Pty Limited and Invivo Clinical Ltd are committed to ensuring customer satisfaction and compliance with all applicable consumer protection laws in the regions in which We operate. This section sets out Your rights and Our obligations regarding refunds, returns, and replacements for Our Products. Nothing in this section limits or replaces any rights You may have under the Australian Consumer Law, the UK Consumer Rights Act 2015, the EU Consumer Rights Directive, or any other applicable local law.

Eligibility for Refunds or Returns

You may be eligible for a refund or replacement under the following conditions:

• Defective or Faulty Products: If the Product is damaged, defective, or not as described.
• Incorrect Product Delivered: If You receive the wrong item.
• Product Not Fit for Purpose: If the Product does not perform as advertised or intended.
• Change of Mind: We may, at Our discretion, accept change-of-mind returns depending on Your region, provided the Product has not been opened, used, or removed from its original condition and the seal is intact.

Change-of-mind refunds will generally not apply where: You no longer want the Product; You found it cheaper elsewhere; You ordered the wrong Product type; You misunderstood what the Product does; You no longer need the item; You are experiencing financial hardship; or the seal has been broken.

Regional Return Windows and Contacts

Region	Return Window	Change of Mind	Faulty Item	Contact
Australia	30 Days	Yes – if unopened and seal is intact	✔	[email protected]
EU & UK	30 days	Yes – if unopened and seal is intact	✔	[email protected]
United States	30 days	Yes – if unopened and seal is intact	✔	[email protected]

 

Conditions for Return 

• We may, at Our discretion, request that Products be returned before the refund process is initiated.
• Returned Products must be unused, unopened, and in original packaging, unless defective.
• Proof of purchase (receipt or order number) is required.
• We may, at Our discretion, agree to cover return shipping costs depending on the reason for return and applicable local laws.

How to Request a Refund or Return

To request a refund or return, You should: (1) contact Our customer service team for Your region using the contact details in the table above; (2) provide Your order number, the reason for the return, and any supporting documentation (such as photographs); and (3) await Our assessment and, if applicable, return instructions.

Refund Processing and Restocking Fees

If a refund is approved, it will be issued to the original payment method within 7–14 business days after the returned item is received and inspected. Restocking fees may be deducted from the refund amount as follows, based on Your region:

• Australia: Refund minus AUD $50 restocking fee.
• UK: Refund minus £25 restocking fee if the return is made after the 30-day withdrawal period.
• EU: Refund minus the equivalent of £25 in the applicable Local Currency if the return is made after the 30-day withdrawal period.
• United States: Refund minus USD $40 restocking fee.

Exceptions

Products that are customised, used, or opened (including diagnostic kits) may not be eligible for return unless faulty. Perishable or time-sensitive items may also be excluded unless defective.

For the avoidance of doubt, biological samples sent to Us will not be returned to You for any reason.

Service Requests, Services and Sample Collection

Any Registered User may submit a Service Request.

You must not submit a Service Request on behalf of another person unless You are (1) a Health Professional engaged to provide health-related services to the Patient; or (2) a parent or legal guardian of a Patient who is a child between 2 years and 18 years of age.

Upon receiving a Service Request (as well as any additional consents We may require) and payment of the relevant Fees, We will send the Patient a Sample Kit, subject to availability. We will not be liable for any delay in providing the Patient with a Sample Kit. We may decline to send a Sample Kit for any reason, in which case We will refund payment of any relevant Fee.

The Patient must collect, package and send the Sample to Us within 12 months of Us sending the Patient a Sample Kit. We will only accept Samples sent using the prescribed Sample Kit and collected and packaged in accordance with Our instructions. Certain Services may require more than one Sample over a period of time.

If the Patient fails to provide Us with a Sample within 12 months of Us sending the Patient a Sample Kit, We are not obliged to accept any Sample from the Patient and shall not be liable to refund payment of any relevant Fee.

Subject to Our obligations under applicable law, We are not obliged to provide You with a refund or replacement if You or the Patient damages, misuses or misplaces a Sample Kit. If the Patient requires a replacement Sample Kit, We may charge You a replacement fee.

All Samples will be at Your risk until received by Us. We are not liable for any Samples damaged in the sampling process or lost or damaged in transit. In such circumstances, We may choose to provide the Patient with a new Sample Kit at no cost, or charge You a replacement fee, at Our discretion.

Each Sample Kit has a unique identifier which the Patient must activate. When the Patient activates the Sample Kit, the Patient’s details will be associated with it in Our systems. You warrant that any Sample You or any Patient sends to Us contains only materials from the Patient’s body and You irrevocably consent to Us carrying out Services on that Sample. Where You have submitted a Service Request on behalf of another person, You warrant that the Patient consents to Us carrying out Services on their Sample and has read and understood these Terms.

It is acknowledged that Microba Pty Limited ABN 30 628 603 225 is the entity within Our group that will perform the laboratory and analytical Services.

We will carry out the Services using reasonable care and skill, however We make no guarantee that We will be able to successfully perform the Services on a Sample (for example, if a Patient’s Sample does not contain sufficient biological material or the results do not meet Our accuracy standards). If We determine in Our absolute discretion that the Services cannot be accurately and safely carried out on the Sample provided (“Failed Sample“), We will notify You and may request that the Patient submit another Sample. In the event of a Failed Sample, We may choose to provide the Patient with a new Sample Kit at no cost or charge You a replacement fee, at Our discretion.

 

Important Notice for Patients

ANY INFORMATION PROVIDED BY US IN CONNECTION WITH THE SERVICES (INCLUDING ANY INFORMATION CONTAINED ON OUR WEBSITE OR IN ANY REPORT) IS PROVIDED ON AN “AS-IS” BASIS AND DOES NOT CONSTITUTE MEDICAL ADVICE.

WE ARE NOT A MEDICAL OR HEALTH PROVIDER AND WE STRONGLY RECOMMEND THAT PATIENTS CONSULT WITH A QUALIFIED HEALTH PROFESSIONAL TO ASSIST THEM WITH THE INTERPRETATION OF THE REPORT AND ITS SUBSEQUENT CLINICAL APPLICATION. THE REPORT IS NOT, IN ITSELF, DESIGNED OR INTENDED TO DIAGNOSE OR TREAT DISEASE OR RECOMMEND A REMEDY, DIET, LIFESTYLE PRACTICE OR PARTICULAR COURSE OF TREATMENT, AND SHOULD NOT BE RELIED ON AS SUCH.

THE PATIENT IS SOLELY LIABLE FOR ANY DECISION MADE (OR NOT MADE) OR ACTION TAKEN (OR NOT TAKEN) IN RELIANCE ON ANY INFORMATION CONTAINED OR OMITTED FROM YOUR REPORT. THE PATIENT MUST NOT DISREGARD PROFESSIONAL ADVICE, OR DELAY SEEKING IT, BECAUSE OF ANY INFORMATION CONTAINED IN A REPORT.

We retain the right to make changes to the Services necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services.

You acknowledge that We will not return any Sample to You or the Patient. We may destroy, dispose of, and/or retain Samples as We see fit.

Unless You have been referred by a Health Professional, We will provide You with the Report as part of the Services. You agree that We may provide the Report online via Your account. We may agree to provide a hard copy of the Report upon request, which may be subject to additional Fees.

 

Referrals from Health Professionals

We may enter referral arrangements with selected Health Professionals. Under these arrangements, the Health Professional will make arrangements for a Patient to access the Services and will be responsible for obtaining the Patient’s explicit consent to the use of their personal data in connection with the provision of the Services. Where the Patient is a minor or other individual lacking requisite legal capacity, consent will be obtained from that individual’s parent, guardian or enduring power of attorney.

Where You elect to subscribe for Services directly from Us (whether on referral from a Health Professional or otherwise), You acknowledge, consent, and agree that:

• We may disclose a copy of the Report to the Health Professional that referred You (if any) and any of their associates or contractors involved in providing health-related services to You (each, an “Authorised Health Professional“);
• We may disclose the Report to the relevant Authorised Health Professional via email, or otherwise allow them to view the Report online; and
• We and Our personnel may hold, access and use the Report for the purposes of facilitating its delivery to the relevant Authorised Health Professional and assisting them to interpret it.

You may withdraw this consent at any time by emailing Us at  [email protected]

While We endeavour to verify that Authorised Health Professionals hold appropriate registrations, You acknowledge that We do not, and are not obliged to, conduct background checks on every Authorised Health Professional or verify all information they may provide.

Our recognition of a person as a “Microba Informed Practitioner” in no way implies Our endorsement of that person and should not be considered advice or a recommendation to engage in any relationship with that person (whether for health-related services or otherwise).

You agree that We are not responsible or liable for any damages or loss that may arise from: (1) Your Report being used or disclosed to a Health Professional in accordance with these Terms; (2) any act or omission by any Health Professional (including with respect to the use, storage or disclosure of a Report or any other personal information); or (3) any interaction You or a Patient may have with any Health Professional.

 

Subscriptions

From time to time, We may offer Users the opportunity to register for an ongoing subscription to the Services (“Subscription“). Subscriptions may be offered for a fixed term or on an ongoing basis. If You register for a Subscription, You authorise Us to charge Your payment method on a recurring basis depending on Your applicable Subscription period and the selected frequency of Services.

You may cancel Your Subscription at any time by sending an email to [email protected] or by using the cancellation method set out on Our Website. If You cancel Your Subscription:

• You are liable to pay all applicable Fees up to and including the day of cancellation;
• We are not obliged to provide any refunds, including for any remaining prepaid period;
• Your rights and Our obligation to provide the Services associated with Your Subscription will cease upon the expiry of any prepaid period; and
• You may re-subscribe at any time following cancellation, however We reserve the right not to permit such re-subscription.

You may request to amend Your Subscription at any time by sending an email to [email protected]. Approval of any amendment requests will be at Our absolute discretion and may be subject to reasonable conditions.

We may cancel Your Subscription at any time by providing notice to You. If We cancel Your Subscription and You have prepaid amounts in relation to Services not yet performed, We may at Our discretion choose to refund those amounts or perform the outstanding Services.

You acknowledge and agree that We may change Our Fees in relation to Your Subscription at any time. We will notify You of any changes before they come into effect. If You do not agree with the proposed changes, You must cancel Your Subscription.

Your Subscription is not transferable unless specifically authorised by Us. We may terminate Your Subscription with immediate effect if You fail to pay any applicable Fees when due, or where We suspect Your Subscription is being used in a way not intended by Us, and We will not be obliged to provide a refund in respect of such termination.

 

Privacy and Personal Information

Privacy Policy

We collect, use, store and disclose personal information in accordance with Our Privacy Policy, which forms part of these Terms and is available at [insert link]. By accessing Our Website, placing an Order or otherwise using the Services, You agree to the collection and use of Your personal information as described in the Privacy Policy.

Microbiome analysis and reporting services are performed by Microba Pty Limited in Australia. Where You are located in the UK or EU, Invivo Clinical Ltd acts as the data controller for Your personal data and Microba Pty Limited acts as a data processor on Invivo’s behalf.

If You have any questions concerning Our Privacy Policy, or if You are unsure which entity is the controller for Your personal data, please contact Our Data Privacy Officer at [email protected].

Privacy-Related Disclosures

You consent to Us collecting, storing, using and disclosing Your personal information and Your Report:

• to fulfil any Orders and provide You with the Services;
• where You nominate a Health Professional, to provide the Report and related information to that Health Professional in accordance with Your instructions and Our Privacy Policy; and
• otherwise in accordance with Our Privacy Policy.

You acknowledge that some of Your personal information, including health information and microbiome data, is sensitive information and will be handled with enhanced safeguards in accordance with applicable data protection laws.

You may request deletion of Your personal information by emailing  Upon receiving Your request, We will provide You with a form to sign and return so that We may process it. You agree that any such request will only be effective from the point in time that We process it. You acknowledge that if We delete Your personal information, We may not be able to provide You with some or all of Our Services.

If You withdraw consent or restrict certain processing activities, We may be unable to provide some or all aspects of the Services.

Pseudonymised and Aggregated Data

You agree and consent that, to the extent permitted or required by applicable law, and subject to Our Privacy Policy, We may use pseudonymised and/or aggregated data derived from Your User Information, any Report and other results, data or information generated in the course of providing the Services.

Pseudonymised and/or aggregated data means data that has been processed to reduce its identifiability (including by replacing or removing direct identifiers and limiting access to identifying information), but which may still constitute personal data under applicable data protection laws.

We may use such pseudonymised and/or aggregated data for legitimate business purposes including: conducting, publishing and presenting research studies; quality assurance, validation and improvement of Our Services; and development and improvement of diagnostics, therapeutics, software, algorithms or other products and services.

To the extent that any intellectual property rights arise from the creation, analysis or use of such pseudonymised and/or aggregated data, those rights vest in Us or Our licensors. You retain all rights in Your personal data, subject to the rights and permissions granted under these Terms and Our Privacy Policy.

This permission continues even if You stop using the Website, withdraw from the Services, or Your account is closed, to the extent permitted by law. You acknowledge that You do not acquire any rights, title or interest in any research outcomes or commercial products developed by Us or Our licensees using such data.

Intellectual Property

We and Our licensors own all Intellectual Property in the Website (including without limitation text, graphics, architecture, coding, and any copyright subsisting in them). We own all trademarks, branding and logos contained in, or relating to, the Website and You cannot use them for any purpose without Our express written consent.

All Intellectual Property rights in all Reports are owned by Us. If We provide You with a Report as part of the Services, You may access and download Your Report and may disclose such information to family members and Health Professionals for the purposes of obtaining medical advice. However, You must not modify, publish, transmit, distribute, participate in the transfer or sale of, create derivative works from, or in any way exploit a Report in whole or in part without Our prior written permission.

Coaching Services and Third-Party Service Providers

We may offer You Coaching Services as part of the Services. As part of such Coaching Services, You agree that We and Our personnel may access and use Your User Information and Report for the purpose of discussing the Report and Our Services with You (whether via online screen sharing or otherwise).

Our Fees for Coaching Services (if any) will be set out on Our Website or as otherwise notified by Us. Any information provided through the Coaching Services is for Your general information and use only and must not be considered a substitute for medical advice. We will not diagnose conditions as part of Our Coaching Services.

We may also provide details of preferred external service providers from time to time (including Health Professionals). We only provide such details for Your convenience and do not specifically endorse any Health Professionals, other external organisation, association or entity referred to in, or linked to, Our Website. It is Your responsibility to make Your own decisions about which health care professional or other external service provider You use. You acknowledge that We may have commercial cross-referral agreements in place with Health Professionals and other external service providers from time to time.

Advertisement Information and Cookies on Our Website

We may allow certain third parties to post information (including advertisements or promotions) on the Website. We are not responsible for any incorrect, inaccurate, incomplete or unreliable information provided by such third parties. You are solely responsible for relying on any such information. You may not copy, duplicate, distribute, display, sell, translate, publish, transmit or modify any such information without express consent from Us.

Our Website uses cookies and similar technologies. For detailed information about the cookies We use, their purposes, durations, and how to manage Your preferences, please refer to Our Cookie Policy at https://microba.com/cookie-policy/ and Our Privacy Policy at https://microba.com/privacy/.

External Sites

In using Our Website, You may come across links or references to external merchants or suppliers. We do not make any promises about what they may supply to You. Any transaction You have with these merchants is between You and those merchants, and We do not get involved. By accessing external website links through Our Website, We do not promise that they are appropriate, that they work or that they are virus free. We accept no responsibility for them or for any loss or damage that may arise from Your use of them.

Access to Our Services

We reserve the right to suspend, withdraw, discontinue or amend all or any part of Our Website without notice. We will not be liable if, for any reason, Our Website is unavailable at any time or for any period. From time to time, We may restrict access to all or any part of Our Website. You are responsible for making all arrangements necessary for You to have access to Our Website. You are also responsible for ensuring that all persons who access the Website through Your internet connection are aware of these Terms, and that they comply with them.

Unauthorised access or use of Our Website or the Services may give rise to a claim for damages and/or be a criminal offence.

Changes to Our Website and Its Availability

We may change or improve Our Website at any time. We may also stop making Our Website or Our Services available or modify their availability in any way. We are under no obligation to update any material that may be out of date at any given point in time.

We will always try to give You notice of any significant changes to Our Website or its availability before such changes take effect, although this may not always be possible. To the maximum extent permitted by law, We do not accept liability for any damage or loss which You may suffer or incur as a result of such changes.

Promotions and Voucher Codes

We may offer and distribute voucher codes from time to time. A voucher code is a code that must be entered at checkout on transactions for certain Products or Services in order to receive a discount or other benefit as determined by Us. Each voucher code is subject to these Terms and any other specific terms and conditions set out by Us. Voucher codes are not redeemable for cash, are valid for qualifying purchases only, and must be redeemed within the validity period. Unless stated otherwise, voucher codes may only be used once. We do not accept any liability for lost voucher codes. Voucher codes are not transferable unless specifically authorised by Us. We reserve the right in Our absolute discretion to refuse any voucher code where We suspect it has been leaked, stolen, misused, or has expired.

Security and Integrity

You must not violate the security of Our Website in any way. We may suspend or cancel Your account and Your access to Our Website, or otherwise terminate Your participation in any Research Project, if We suspect any security violation. We may also inform any law enforcement body of any suspected unauthorised or criminal activity. Examples of security violations include:

• attempting to gain unauthorised access to any part of Our servers or system infrastructure;
• using Our Website in a way not intended by Us;
• attempting to reverse engineer Our Website or any system or offering provided through it;
• interfering with or disrupting any servers or networks connected to Our Website;
• sending or storing any harmful code (including any computer virus, trojan, worm or other code that is harmful or disabling, or which assists in or enables unauthorised access to or corruption of data); or
• using any feature of Our Website or any other means to send unsolicited commercial correspondence to other Users.

Disclaimer of Warranties

By accessing Our Website, placing an Order or otherwise using Our Services, You assume, to the extent permitted by law, all risks associated with such participation, access, and use.

To the maximum extent permitted by law, We make no representations or warranties of any kind, express or implied, regarding the Products offered for sale on the Website, including as to their quality, suitability or fitness for any purpose.

The Services are subject to continuing research, clinical experience, reasonable differences in opinions among authorities, unique aspects of individual situations and the possibility of human error. We cannot promise or guarantee any specific outcomes from Your use of Our Services. To the extent permitted by law, no representation or warranty (express or implied) is made:

• as to the outcomes, currency, completeness, accuracy, reliability, suitability, and/or availability of Our Website, the Services or Your Report; or
• that Our Website, Products, Services or Your Report will meet Your health or medical requirements.

Limitation of Liability

To the maximum extent permitted by law (including the Australian Consumer Law, the UK Consumer Rights Act 2015, and equivalent applicable laws), We (and Our directors, employees and agents) do not accept any liability for, and You agree to release Us from, any claim in relation to any loss, howsoever caused, suffered or incurred by You arising from Your use of Our Website or Services or Your participation in any Research Project (including without limitation any Consequential Loss and any loss arising through negligence).

Without limiting the above, to the extent permitted by law, any liability We do owe is limited (in the case of Services) to the amount You paid to use the Services, or (if We choose) Us providing the Service again and (in the case of the supply of Products) to the replacement of the Products or payment of the cost of replacing the Products.

Indemnity and Release

You agree to indemnify Us (and Our directors, employees and agents) from and against all claims, liabilities, losses and expenses (including reasonable legal fees on a full indemnity basis) that arise from:

• any reliance on any information We provide to You (including within a Report);
• any breach of these Terms by You;
• any breach of any rights of a third party by You; or
• any breach of any applicable law by You.

 

Changes to and Investigating Breaches of These Terms

We may change these Terms at any time by posting updated Terms on Our Website. You are expected to stay up to date with any such changes, as they are binding on You. If You continue to access Our Website after such changes take effect, You are taken to have agreed to the changes. We reserve the right to investigate any suspected non-compliance with, or breach of, any provision of these Terms.

Force Majeure

We will not be liable for any delay or failure in the timely performance of the Services if such delay or failure is caused by occurrences beyond Our reasonable control.

Termination

We may suspend or terminate Your access to Our Website or the Services (or any part thereof) for any reason, including without limitation if We reasonably consider that You are in breach of any provision of these Terms.

Jurisdiction

These Terms and any disputes or claims arising out of or in connection with them or their subject matter or formation shall be governed as follows:

• For Users located in Australia: the laws of Queensland, Australia apply. You submit to the jurisdiction of the courts of Queensland, Australia.
• For Users located in the United Kingdom or European Union: the laws of England and Wales apply, and You submit to the non-exclusive jurisdiction of the courts of England and Wales. Nothing in these Terms affects Your rights as a consumer under applicable UK or EU law.
• For Users located in the United States: the laws of the State of Delaware apply, without regard to its conflict of law provisions.

In all cases, We reserve the right to bring proceedings against You in Your country of residence or any other relevant jurisdiction.

Severance

If any provision of these Terms is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision will, to the extent required, be severed from these Terms and rendered ineffective as far as possible without modifying the remaining provisions of these Terms, and will not in any way affect any other circumstances of or the validity or enforcement of these Terms.

Interpretation

In these Terms, unless the contrary intention appears:

• headings do not affect interpretation;
• singular includes plural and plural includes singular;
• words of one gender include any gender;
• ‘including’, or similar words, does not limit what else might be included;
• reference to a person includes a corporation, joint venture, association, government body, firm, and any other entity;
• reference to a party includes that party’s personal representatives, successors and permitted assigns;
• reference to a thing includes a part of that thing;
• reference to a document is to that document as amended or varied;
• conduct includes any act, omission, representation, statement or undertaking whether or not in writing;
• ‘writing’, ‘written’ and ‘in writing’ include any mode of representing or reproducing words in a visible form;
• ‘sign’, ‘signed’ and ‘signature’ include physical, electronic or digital signatures;
• any legislation includes any subordinate legislation and amendments; and
• another grammatical form of a defined expression has a corresponding meaning.

 

Key Terms

In these Terms, unless the contrary intention appears:

“Australian Consumer Law” means the Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth);

“Coaching Services” means any personalised feedback, advice, or discussions that We may provide to You in connection with Your Report (excluding any advice, feedback or discussions You may have with any third party);

“Consequential Loss” means any consequential or indirect loss suffered or incurred under or in connection with these Terms (whether arising in contract or tort (including negligence), under an indemnity or otherwise) including loss of anticipated savings, loss of income, loss of profits, loss of goodwill, loss of contract, loss of business, loss of reputation, loss of use, partial or total loss or corruption of data, any form of business interruption, increased cost of working, and loss suffered as a result of claims by any third party;

“Data” means information, including information in raw or unorganised form which may be used for analysis;

“Eligibility Criteria” means the eligibility criteria for access to the Services applicable in Your region as published on Our Website and which may be updated from time to time in Our sole discretion;

“Fee” means any fee charged by Us for the supply of Products (including any applicable delivery charges) and/or Your use of the Services;

“Health Professional” means a “health professional” as defined in section 42AA of the Therapeutic Goods Act 1989 (Cth), or an equivalent registered or regulated health practitioner under applicable law in the UK, EU or United States;

“Intellectual Property” means any registered or unregistered rights in any copyrights, patents, inventions, discoveries, trademarks, processes, systems, methods, know-how, designs or confidential information or any rights of a similar nature under the laws of Australia or anywhere else in the world;

“Local Currency” means the currency applicable in Your region of residence: Australian dollars (AUD) for Australia, pounds sterling (GBP) for the United Kingdom, euros (EUR) for the European Union, and US dollars (USD) for the United States;

“Order” means a request to purchase one or more Products, completed by following the online checkout process on our Website and providing all required information, including delivery and payment details;

“Patient” means the individual providing the Sample;

“Products” means any products advertised for sale via our Website;

“Privacy Policy” means the Microba Privacy Policy accessible at [insert link];

“Registered User” means any User that has completed the registration process described in these Terms and confirmed their eligibility to access the Services based on the Eligibility Criteria”

“Report” means the report and any other information produced by Us from conducting the Services on a Sample, setting out certain information regarding the Patient’s microbiome;

“Sample” means the biological material to be supplied for the purposes of Us providing the Services from the Patient’s body;

“Sample Kit” means the microbiome sampling kit that We will send to the Patient, setting out detailed instructions on how to provide aSample;

“Service Request” means a request from a Registered User for Us to carry out Services, including by submitting the form prescribed on Our Website;

“Services” means the microbiome genotyping, analytical and sequencing, bioinformatic and related services provided or conducted by Us in respect of Samples supplied by or on behalf of Patients, the Coaching Services, and any other services We may provide in accordance with these Terms;

“User” means any person accesses or uses Our Website;

“User Information” means personal information, health information, family health information and history, lifestyle information, and any other information that You provide to Us (including when registering as a Registered User or completing a Service Request);

“Website” means the websites operated by Us at www.microba.com and www.invivohealthcare.com, including without limitation any subdomains and services associated with that website;

“We”, “Us”, “Our” means Microba Pty Limited ABN 30 628 603 225 and its related bodies corporate and associates (as defined in the Corporations Act 2001 (Cth)), and where the context requires in relation to UK and EU customers, includes Invivo Clinical Ltd; and

“You”, “Yourself”, “Your” means any person, company or organisation who is a User (including any person agreeing to these Terms on behalf of a Patient).

Microba Pty Limited ABN 30 628 603 225 | Version 5.0 | Effective 5 November 2025