Terms of Service
1. About these terms
This website is operated by Sydney Metabolic Institute (ABN 49 630 270 263, ACN 630 270 263) trading as twoxtwo. References to “twoxtwo”, “we”, “our” and “us” in these Terms of Service refer to Sydney Metabolic Institute.
By accessing or using this website, you agree that you have read, understood and agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree, please do not use this website.
We may update these Terms of Service at any time by amending this page. Your continued use of the website after any change constitutes acceptance of the updated terms. We recommend checking this page periodically.
2. FSMP classification and conditions of access
twoxtwo® is a Food for Special Medical Purposes (FSMP) formulated under Standard 2.9.5 of the Australia New Zealand Food Standards Code for the dietary management of patients following metabolic or bariatric surgery. It is not a general food, meal replacement or weight-management product.
Under Standard 2.9.5, twoxtwo® may only be sold to or by a medical practitioner, dietitian, medical practice, pharmacy or approved distributor. Access to purchase is restricted accordingly. By purchasing or attempting to purchase through this website, you confirm that you are one of the following:
• a verified patient of an approved healthcare professional who has provided access to this store; or
• a verified healthcare professional or approved healthcare provider accessing the store for clinical or professional purposes.
Access codes and verified account credentials issued to you are personal, non-transferable and confidential. You must not share them with any other person. We reserve the right to suspend or revoke access at any time if we reasonably believe credentials have been misused or shared.
twoxtwo® must be used under the supervision of a healthcare professional as directed. It is not a sole source of nutrition unless your treating clinician has specifically advised this. It is not suitable for persons under the age of 18 or over the age of 65 except under specific clinical direction.
3. Use of this website
You agree to use this website only for lawful purposes and only in accordance with these Terms of Service. You agree not to:
• use this website for any purpose other than its intended purpose;
• disrupt, interfere with or compromise the security or integrity of this website or the experience of any other user;
• attempt to access areas of this website or its underlying systems beyond those made available to you;
• share, transfer or disclose your access credentials to any other person;
• provide inaccurate or misleading information in connection with your account or any purchase.
We reserve the right to suspend or terminate access for any conduct we consider to be in breach of these terms or otherwise inappropriate.
4. Account credentials and security
If you are issued an access code, user identification or password as part of our verified-access process, you must treat that information as confidential and not disclose it to any third party. Any credential issued to you is personal and non-transferable.
We reserve the right to disable or revoke any credential at any time if we reasonably believe it has been compromised, shared or used in breach of these terms. You are responsible for any activity that occurs under your account.
5. Accuracy of content
All content on this website is provided for general information purposes only. It does not constitute medical advice and is not a substitute for advice from a qualified healthcare professional. You should always consult your treating clinician about your individual circumstances.
While we take care to keep information accurate and current, we do not warrant that any content on this website is complete, accurate, error-free or current at any given time. You are responsible for evaluating the suitability of any information for your own purposes.
For enquiries about content on this website, please contact us via the twoxtwo® website.
6. Medical supervision and health disclaimer
twoxtwo® is a Food for Special Medical Purposes. It is intended for use under the supervision of a healthcare professional as part of a clinician-guided programme following metabolic or bariatric surgery. The information on this website is general in nature and does not constitute, and must not be relied upon as, medical advice.
Before using twoxtwo®, discuss its suitability with your treating clinician, particularly if you have any medical condition requiring a special diet, regular medical review, or if you are taking prescription medication. This includes but is not limited to diabetes, hypertension, cardiovascular disease, kidney or liver disease, or gastrointestinal disorders.
twoxtwo® is not for use by persons under the age of 18 or over the age of 65 except under specific clinical direction from a treating clinician.
If you experience any adverse or unexpected reaction while using twoxtwo® , cease use immediately, contact your treating healthcare professional, and notify us via the twoxtwo® website.
7. Intellectual property
Sydney Metabolic Institute is the owner or licensee of all intellectual property rights in this website and all content published on it, including but not limited to text, imagery, branding, trademarks and design. All rights are reserved.
You may print or download a single copy of any page from this website for your personal, non-commercial use. You must not modify, copy, reproduce, republish, upload, post, transmit or distribute any content from this website for commercial purposes without our prior written permission.
Nothing in these terms grants you any right, title or interest in any intellectual property on this website beyond the limited personal use described above.
8. Website content and product imagery
Imagery on this website is provided for illustrative and presentation purposes. Some images have been created, composed, styled or digitally refined, and are representative rather than literal. The product as shown may differ in appearance from the product as supplied. Where precise details matter, please refer to the product information and the physical packaging.
9. Third party content and links
This website may contain links to third-party websites. We are not responsible for the content, accuracy or opinions expressed on those websites, and their inclusion does not imply any approval or endorsement by twoxtwo®. If you access third-party sites from this website, you do so at your own risk.
You may link to the home page of this website provided you do so in a way that is fair, lawful and does not damage our reputation or suggest any association or endorsement on our part. You must not frame this website on any other site or link to any page other than the home page without our prior written consent. We reserve the right to withdraw linking permission at any time.
10. Returns, refunds and consumer rights
Our Returns and Refunds Policy forms part of these Terms of Service and sets out your rights and our obligations in relation to orders, returns and refunds, including your rights under the Australian Consumer Law. Nothing in these terms or our Returns and Refunds Policy excludes, restricts or modifies any consumer guarantee or remedy that applies under the Australian Consumer Law.
11. Privacy and health information
We collect personal information and, through our verified-access process, may collect sensitive information such as clinician details or treatment status. This information is handled in accordance with our Privacy Policy and our obligations under the Privacy Act 1988 (Cth) and the Australian Privacy Principles.
Sensitive information attracts heightened obligations. We will not use or disclose your sensitive information except as required or permitted by law, or with your consent. We will not disclose your personal information to third parties for marketing or other unrelated purposes without your consent.
Our systems use appropriate technical and organisational measures to protect your personal information. For further detail, please refer to our Privacy Policy.
12. Adverse event reporting
If you or a patient experiences any unexpected or adverse reaction in connection with twoxtwo®, please report this to us immediately via the twoxtwo® website or by email. We will treat all adverse event reports seriously and act in accordance with applicable food safety and regulatory obligations.
Reporting an adverse event does not affect your rights under the Australian Consumer Law.
13. Indemnification
You agree to indemnify, defend and hold harmless Sydney Metabolic Institute and its officers, directors, employees, agents and affiliates from any claim, liability, loss, damage or expense (including reasonable legal costs) arising from your breach of these Terms of Service, your use of this website, or any information you provide that is inaccurate or misleading.
14. Limitation of liability
To the maximum extent permitted by law, twoxtwo® and Sydney Metabolic Institute will not be liable for any direct, indirect, incidental, consequential, punitive or other damages arising from your use of this website or its products or services, including damages arising from errors, omissions, loss of data, or security incidents, except where such liability cannot be excluded under the Australian Consumer Law or any other applicable law.
Nothing in these terms limits or excludes any liability that cannot be lawfully limited or excluded, including liability for death or personal injury caused by negligence, or for breach of a consumer guarantee under the Australian Consumer Law.
15. Governing law
These Terms of Service are governed by the laws of New South Wales, Australia. You submit to the non-exclusive jurisdiction of the courts of New South Wales and the federal courts of Australia for the resolution of any dispute arising in connection with these terms.
16. Severability
If any provision of these Terms of Service is found to be invalid or unenforceable in whole or in part in any jurisdiction, that provision will be ineffective in that jurisdiction to the extent of the invalidity or unenforceability only. The remaining provisions will continue in full force and effect.
17. Contact
For any questions about these Terms of Service, please contact us via the twoxtwo® website.
Sydney Metabolic Institute - ABN 49 630 270 263