CONDITIONS OF SALE AND SERVICES
Last Updated: August 2020
Defined terms have the meaning given to them in Section 18 of these Conditions or where defined in the body of these Conditions.
1. How These Conditions Work
- 1.1 Hertility Health allows customers to access secure laboratory testing from the privacy of their own home. To avail of Services you must purchase a Product, either from the Site or from a partner clinic.
- 1.3 Your purchase of a Product or Service constitutes your agreement to these Conditions and these Conditions are a legal agreement between you and us. By placing an Order for Products and/or Services, you are accepting and agreeing to these Conditions. you represent and warrant that you have the right, authority, and capacity to accept and agree to these Conditions. You represent and warrant that all information that you have provided to us is accurate and complete and in no way misleading given the context. You also represent and warrant that you are of sufficient legal age in your jurisdiction of residence to purchase and use the Products & Services and to enter into these Conditions. If you do not agree with any of these Conditions, do not purchase the Products or Services.
2. Modifications of These Conditions
We reserve the right to modify the Services, Products and the rules and regulations governing their use at any time, including, without limitation, these Conditions. Modifications will be posted on the Site and the “Last Updated” date at the top of this webpage will be revised. You understand and agree that if you use the Services after the date on which these Conditions have changed, we will treat your use as acceptance of the updated Conditions. We may make changes in the Services at any time without prior notice to you.
3. Who We Are
Hertility Health Limited is a company registered in England and Wales (number 11814367) which provides the technology that supports our services. The registered office for our company is International House, Constance Street, London, England, E16 2DQ. Unless otherwise informed, your relationship is with Hertility Health Limited. When this policy talks about ‘Hertility Health’, ‘us’ or ‘we’, it means Hertility Health Limited. We may provide your data to other companies within our corporate group.
4. Information About the Products and Services
- 4.1 The Products and Services which you are ordering consist of:
- Delivery of a blood sample kit (“Kit”) by an external third party laboratory (“Accredited Laboratory”);
- Blood testing which is carried out by an Accredited Laboratory (as further detailed below); and
- Preparation of a report containing general healthcare and lifestyle advice relating to the type of blood testing carried out by the Accredited Laboratory (“Report”) produced by an external doctor (as further detailed below) which will be presented to you via your Account Dashboard. (the “Services”).
- 4.2 You must complete the form enclosed with your Hertility Kit so that we can carry out the testing. You must follow all of the instructions included in your Kit- failure to do so, in particular, failure to return your blood sample with your personal details included and wrapped onto the blood collection tube using the sticker provided will result in the laboratory’s inability to carry out the tests and you will be liable for all fees and costs associated with purchasing any replacement Kit as a result, subject to applicable law. Please note that, as well as via the Site, we may also sell or give away Kits at trade shows, at popups or other similar promotions where the recipient of the Kit is not yet registered with us (“Hertility Retail Kit”). References to Kits in these Customer Terms include references to Hertility Retail Kits, in all instances except where the reference is specific to making an order online.
- 4.3 The blood testing is carried out by an Accredited Laboratory engaged by us. We reserve the right to change the Laboratory from time to time without notice. We will pay the Accredited Laboratory directly for both the Kit and the blood testing services on your behalf at cost.
- 4.4 The Report will be prepared by an external doctor engaged by us who is both registered with the General Medical Council and holds a licence to practise (“Doctor”). We do not guarantee that the Doctor who provides the Services in respect of one order will be the same as the Doctor who provides the applicable aspects of the Services in respect of a subsequent order. We will pay the relevant Doctor directly for this service on your behalf.
- 4.5 If you have any questions about the Services, please email email@example.com and we will arrange a consultation with our team.
- 4.6 We will endeavor to ensure that the Doctor and the Accredited Laboratory perform the Services with the best skill, care and diligence in accordance with best practice in their profession.
5 Online Order Submission, Payment, Delivery and Cancellation
- 5.1 We can not accept Orders from users whose IP address is outside, or where the user is resident outside, the United Kingdom from where we will accept Samples.
- 5.2 When you purchase the Products and Services and access the Site, you confirm (i) that you are 18 years of age or older; (ii) that you are resident in the United Kingdom where we will send test kits and accept Samples and you are accessing the Site from an IP address in the United Kingdom; (iii) that you are using the Site in your own name and not on behalf of anyone else; (iv) that you will not allow any other person to use the Site, Products, and Services under your name, nor will you in using the Products, Services or the Site, pretend you are someone else, or seek to disguise your identity; (v) that you are only using the Site, the Products and the Services for your own benefit and not for the purposes of providing Services to others; and (vi) all information that you provide is complete, accurate and not misleading in any way. If you provide any information that is untrue, inaccurate, non-current, misleading or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, non-current, misleading or incomplete, then we have the right to terminate or refuse any and all current or future access, sale, or use of the Services and/or Products (or any portion thereof), and you may be further liable for providing such information.
- 5.3 In order for us to process your Order, you must complete the Order submission process which requires you, among other things, to: (i) provide us with personal information including the delivery address for your Product, (ii) purchase a Product that permits use of the type of Sample you are willing to provide, and (iii) confirm that we may make the Test Information available to you through your online Account.
- 5.4 Please note that we will not be able to provide you with a refund or replacement once the Hertility Kit has been carried out. Nevertheless, where we have carried out the Hertility Kit testing and your results are inconclusive such that we are unable to provide you with a report, we may in our sole discretion choose to:
- give you a full refund of the price of the Service you have selected; or
- offer you an additional Hertility Kit either without charge or at a discounted charge.
6. Orders and Availability
- 6.1 When you place an Order for the Product and Services through our Site, you will receive an email acknowledging our receipt of your Order. Your Order will be confirmed, and a binding contract formed, once we collect the purchase price and applicable taxes, and shipping costs from your selected payment method accepted by us ("Order Confirmation"). You should review the invoice immediately upon receipt and notify us of any mistake by email to firstname.lastname@example.org; no refunds will be issued once your Order is processed other than in accordance with the Cancellation Right detailed below.
- 6.2 All Orders are subject to review by a physician prior to acceptance by us, and we are under no obligation to accept an Order whether confirmed or not. In the event that a confirmed order is not accepted, a refund will be issued for any paid fees.
- 6.3 All Products and Services on our Site are subject to availability. If we accept your Order, we reserve the right to notify you at any time before delivery of the unavailability of the Product. You can then cancel the Order and we will refund you all money paid in full.
- 7.1 Unless otherwise noted, the prices listed for the Products reflect a single combined payment for the Products and Services. For Products ordered through the Site, the price includes standard delivery and return of the Product to the address provided by you and provision of the Services in accordance with these Conditions and the TOU. For Products purchased through a clinic, the price paid to the retail location may include the price for the provision of the Services in accordance with these Conditions.
- 7.2 For Products purchased through the Site, you agree to pay the price listed for the Product, the VAT and any other applicable sales or use taxes (to the extent applicable), delivery charges, and any other charges in relation to a Confirmed Order in advance by clicking on the payment button on the Site and following the required procedure.
- 7.3 By providing a credit card or other payment method accepted by us, you represent and warrant that you are authorised to use the designated payment method and that you authorise us (or our third-party payment processor) to charge your payment method for the total amount of your Order. If the payment method you provide cannot be verified, is invalid, or is otherwise not acceptable, your Order may be suspended or cancelled until you are able to resolve the payment issue.
- 8.1 The Product is normally dispatched within two business days of Order Confirmation to the delivery address you provide during the Order submission process, but delivery times may vary. We may be unable to change the delivery address after the Order Confirmation.
- 8.2 Delivery dates advised by us in an Order Confirmation (consisting of a delivery date for the Product and a date for the provision of the Test Information) are approximate and we will not be liable for any loss or damage due to our failure to meet scheduled delivery dates or for failure to give notice of delay. Time for delivery shall not be of the essence. A Product may be shipped by us to the agreed delivery address in advance of any scheduled delivery date.
- 8.3 Risk of loss in a Product passes to you upon delivery of the Product to the agreed delivery address.
- 8.4 If you receive the wrong Products, damaged/faulty Products, or if certain items are absent from the Product, then please send us an email within seven (7) days of receipt of the Product at email@example.com containing the following information: the Alpha code, Numerical code and Order ID (or description of the Product), and description of the missing or faulty item(s). Upon receipt of such notice we will arrange for a replacement Product to be sent to you as soon as possible.
9. Cancellation Right
- 9.1 Unless, otherwise required by law, if you purchase a Product via the Site, you have the right to cancel the contract for the purchase of the Product within fourteen (14) days of delivery of the Product to you.
- 9.2 To exercise the right to cancel, you must inform us of your decision to cancel in writing (e.g. a letter sent by email to firstname.lastname@example.org) notifying us of your decision to cancel, at your own cost.
- 9.3 If you exercise your cancellation right under Section 9.1, we will reimburse to you all payments received from you less the cost of the kit(s) and shipping fees, without undue delay. In the event that you cancel your Order prior to the test kit being shipped you will be eligible to receive a full refund. We will reimburse you using the same means of payment as you used for the initial payment, unless you have expressly agreed otherwise. We will not charge you any fees in connection with the reimbursement.
- 9.4 These Products are not suitable for return for health protection reasons.
10. Using The Service
- 10.1 In order to use the Services, you must set up an Account in accordance with these Conditions. Failure to do so means you will not be able to access Test Information.
- 10.3 You acknowledge that the Test Information does not constitute a definitive diagnosis. As with all screening tests, in a small number of cases there can be incidences of false-positive and false-negative results. For example, a person with a negative non-reactive or not detected test result could actually have a condition despite the Test Information, or a person with a positive reactive or detected test could be free from a condition even though Test Information indicated they do have such condition. All positive, reactive or detected results must be verified by a physician or other licensed healthcare professional through a confirmatory (diagnostic) test.
- 10.4 You acknowledge any Test Information does not constitute a definitive result. “Low”, “Normal”, or “High” readings do not constitute a definitive diagnoses and further testing will be required from your physician or other licensed healthcare professional. Further, if test results are normal, but symptoms remain we may recommend that you should be examined by a physician or other licensed healthcare professional.
- 10.5 The Services are limited to the Services as defined in Section 18 below. If you require medical advice or counseling in addition to the Services, you should seek the advice of your physician or other licensed healthcare professional. In some events, an employee or contractor of Hertility Health may contact you regarding a test result, Product or Service.
- 10.7 Any failure to comply with your obligations as outlined in this Section 10, particularly with regard to re-testing is entirely your responsibility.
- 10.8 You acknowledge and agree:
- 10.8.1 to take note of the date on which you are advised to perform the test ‘Test Date’, information in relation to which is included on the Site. Test Dates can vary for everyone and it may be recommended to retest if you tested on the wrong day of your cycle.
- 10.8.2 to comply fully with all instructions included with the Product and to return the Sample in the Product within the time set forth in the Product instructions.
- 10.8.3 to provide us with such information or evidence of identity as we may be required to obtain from you by applicable law from time to time;
- 10.8.4 to disclose to us honestly and to the best of your knowledge any information that may affect or impact the test result;
- 10.8.5 to use the Site, the Products and the Services only for lawful purposes and in accordance with these Conditions and you further agree not to induce fear, harass or be abusive to any of our staff, or the staff of our Accredited Laboratory;
- 10.8.6 not to use the Products and/or the Services for resale or in any way that breaches any applicable national or international law or regulation; and
- 10.8.7 that when you submit an Order for the Services through this Site, including acquiring one or more Products through this Site, that you have selected the Products. Notwithstanding any descriptions of any Services or recommendations from the Site or any of our staff, you acknowledge that you have not relied upon any advice from us in terms of Product suitability or other medical issues.
11. Submitting the Sample
When submitting a Sample, you must fill and return the collection device in accordance with the instructions provided with the Product. If you do not provide an adequate Sample, utilise the Product in a manner that is contraindicated or not consistent with any instructions, or do not return the Sample within the instructed timeframe, we may not be able to provide you with the Test Results. Further, failure to return the Sample within the timeframe set forth in the Product instructions may result in inaccurate and unreliable readings of the Sample
12. Setting up Your Account
- 12.1 In order to use the Services, you must set up an Account. To open an Account, please go to the “account section” in the registration area on the homepage of the Site and provide the details requested.
- 12.2 You agree that you will only set up one (1) Account with us through the Site. When you create an Account with us, you agree to provide accurate contact details that can be used to contact you in relation to your Order, the Product or the Services. It is important that the details you provide us with are correct, accurate and complete and that you tell us promptly of any changes to these details. We will not be liable for delayed provision of Services, failure to provide the Services, or for communications that you do not receive, as a result of a failure or omission by you to provide accurate and suitable contact details.
13. Test Information
- 13.1 You will be sent an email notifying you when Test Information has been made available to your Account. If your Test Information is negative or nonreactive, please refer to Section 10.8 and the relevant Test Date for your Test.
- 13.2 If you have a positive, reactive or detected result for any of our Tests, you will need a further confirmatory/diagnostic test from a physician or licensed healthcare professional.
- 13.3 The Services may include, in respect of a user whose Test Information indicates a positive, reactive, detected or elevated Test Result, receiving a phone call from one of our staff in order to provide relevant information and to recommend or discuss any follow-up with a licensed healthcare provider who can offer support to the user.
- 13.4 If you have concerns with the Test Information you should consult with your physician or another licensed healthcare professional or contact a member of our team who will be able to direct you to other sources of support within the scope of the Services. If you purchase Products and Services and receive Test Information during a Test Date that is relevant to you, irrespective of the Test Information, you agree to retest either through us or through your physician or other licensed medical practitioner on the Test Date.
14. Disclaimers and Exclusion of Liability
- 14.1 ALL TEST INFORMATION, PRODUCTS, AND SERVICES ARE PROVIDED TO YOU ON AN “AS-IS,” “AS-AVAILABLE” BASIS AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY TEST INFORMATION, SERVICES, PRODUCTS, OPINIONS, OR MATERIALS AVAILABLE THROUGH THE SERVICES. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION YOU OBTAIN FROM THE SERVICES BEFORE RELYING ON IT. USE OF THE PRODUCTS AND SERVICES IS AT YOUR SOLE RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SITE, PRODUCTS, TEST INFORMATION, OR SERVICES WILL BE UNINTERRUPTED, COMPLETELY SECURE, VIRUS-FREE, OR ERROR-FREE. EXCEPT AS EXPRESSLY SET FORTH IN SECTIONS 14.4-14.9 BELOW, YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SERVICES AND PRODUCTS SHALL BE TO DISCONTINUE USING THE SERVICES AND PRODUCTS. THE PRODUCT IMAGES ON OUR SITE ARE FOR ILLUSTRATION PURPOSES ONLY.
- THE INFORMATION PROVIDED THROUGH THE SITE, THE SERVICES, TEST INFORMATION, AND THE PRODUCTS ARE FOR GENERAL GUIDANCE ONLY AND ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. NEITHER THE SITE NOR THE SERVICES, TEST INFORMATION, OR PRODUCTS CONSTITUTE MEDICAL ADVICE AND YOU SHOULD ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER LICENSED HEALTHCARE PROFESSIONAL WITH ANY QUESTIONS YOU MAY HAVE REGARDING ANY TEST INFORMATION OR STATUS OF YOUR HEALTH.
- 14.3 NOTE THAT AT THIS TIME THE INCUBATION PERIOD FOR THE 2019 NOVEL CORONAVIRUS IS CURRENTLY BELIEVED TO BE 14 DAYS, BUT COULD BE LONGER. IF YOU HAVE BEEN EXPOSED TO SOMEONE WITH THE 2019 NOVEL CORONAVIRUS OR IF YOU HAVE ANY SYMPTOMS CONSISTENT WITH THE CORONAVIRUS, YOU SHOULD NOT PERFORM ANY TEST AND YOU SHOULD NOT BE IN CONTACT WITH OTHERS AND SHOULD SELF QUARANTINE AND STAY AT HOME FOR THE DURATION OF THE INCUBATION PERIOD REGARDLESS OF ANY TEST INFORMATION YOU RECEIVE.
- 14.4 YOU UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR SPECIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SERVICES, PRODUCTS, TEST INFORMATION, OR ANY INFORMATION OR ADVICE PROVIDED BY OUR STAFF THAT WE HAVE MADE AVAILABLE TO YOU, WHETHER OR NOT YOU HAVE PURCHASED OR PROVIDED ANY CONSIDERATION FOR SUCH, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO: (A) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE SITE, TEST INFORMATION, SERVICES, OUR CONTENT, OR PRODUCTS; (B) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (C) ANY DAMAGE TO YOUR OR ANY OTHER USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY; (D) RELIANCE BY ANY PARTY ON ANY INFORMATION, TEST RESULTS, OR ADVICE OBTAINED THROUGH USE OF THE PRODUCTS OR SERVICES; OR (E) WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORISED ACCESS TO THE SITE, OR RELATED INFORMATION OR PROGRAMS, THAT ARISE IN CONNECTION WITH: (1) MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM YOU; (2) INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE SITE; OR (3) VIRUSES. WE SHALL NOT BE IN BREACH OF ANY PROVISION OF THESE TERMS CAUSED BY YOUR FAILURE TO OBSERVE ANY OF YOUR OBLIGATIONS OR UNDERTAKINGS CONTAINED WITHIN THESE CONDITIONS.
- 14.5 OUR TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES WILL BE LIMITED TO THE AMOUNT YOU HAVE PAID FOR THE USE OF THE PRODUCTS AND/OR SERVICES UNDER WHICH LIABILITY AROSE, IF ANY, AND IF YOU HAVE PAID NO AMOUNT, THEN TEN POUNDS STERLING (£10.00). YOU ALSO ACKNOWLEDGE AND AGREE THAT YOU HAVE PURCHASED AND USE THE PRODUCTS AND SERVICES WITH A FULL UNDERSTANDING OF THE LIMITATION OF OUR LIABILITY IN THESE CONDITIONS.
- 14.6 BY PURCHASING OR USING ANY PRODUCTS OR SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER.
- 14.7 Some jurisdictions do not allow exclusions of liability for certain types of damages. Accordingly, some of the above limitations may not apply to you to the extent prohibited by applicable law. In such cases, our liability will be limited to the fullest extent permitted by applicable law.
- 14.8 We shall not be obliged to provide the Services where you have failed to follow the instructions related to (i) ordering and account set up, (ii) providing and returning the Sample, and (iii) use of the Products.
- 14.9 The provisions of this Section 14 in their entirety shall survive the expiration or termination of this Agreement.
15. General Legal Provisions
- 15.1 We shall not be liable or responsible for any delay in performance of, or default in our performance of any obligation under these Conditions or under an Order, caused directly or indirectly by any event beyond our reasonable control.
- 15.2 By using the Products or Services, regardless of where you live or are located, you consent to these Conditions and any claims relating to the Products, Test Information, Services, or advice provided by us will be governed by the laws of the United Kingdom.
- 15.3 Failure or delay by us to enforce any of these Conditions will not constitute a waiver of our rights against you and does not affect our right to require performance thereof.
- 15.4 We may sub-contract or delegate the provision of the Services to any entity who provides services to us, to enable us provide the Services to you. No such sub-contracting or delegation shall relieve us of our obligations under these Conditions.
- 15.5 You are communicating with us electronically when you use the Site or send us an email. You agree that all agreements, consents, notices, disclosures and other communications between the parties that are sent electronically satisfy any legal requirements that such communications be in writing.
- 15.6 If any part of these Conditions becomes illegal, invalid, unenforceable, or prohibited in any respect under any applicable law or regulation, such provision or part thereof will be deemed to not form part of the contract between us. The legality, validity or enforceability of the remainder of these Conditions will remain in full force and effect.
- 15.7 These Conditions record the entire agreement between you and us with respect to their subject matter and supersedes all previous agreements, contracts, obligations, conduct, promises, representations, warranties and undertakings, whether written or oral, between you and us in connection with the subject matter.
16. Pricing Terms and Conditions
We reserve the right to adjust the pricing for the test kits in any manner and at any time.
17. Contact Us
If you have any concerns about material which appears on our Site, please contact us at email@example.com.
"Account" means the account held by us in your name and which holds the information submitted by you to us;
"Accredited Laboratory" means the laboratory(ies) that we may select as our testing services provider at any time, and which laboratory(ies) will be UKAS and CQC accredited. In some cases, we may use a laboratory with additional certification or accreditation as required by applicable law or regulation or at our sole discretion;
"Cancellation Right" means your right to cancel an Order placed via the Site, as described in Section 9;
"Order" means an offer by a user to purchase Services and one or more Products from us via the Site;
"Product" means a kit which enables you to take and store a Sample for testing as appropriate for the type of kit purchased and as sold by us;
"Sample" means a sample of your biological material such as saliva, blood, urine or stool as provided in accordance with the Product instructions;
"Services" means testing the Sample that you send to the Accredited Laboratory, and providing you with the Test Information;
"Test Information" means the results from the Accredited Laboratory for the processed Sample, communicated to you by us via the Site and our staff, as applicable.
"You" or your means the user of the Site.
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