TERMS AND CONDITIONS FOR THE SUPPLY OF GENETIC TESTING SERVICES
1 BASIS OF AGREEMENT
1.1 These terms and conditions set out the basis on which Rightangled Limited, a company incorporated in England (Company No. 09866557) with its registered office at The Biohub Birmingham, 97 Vincent Drive, Birmingham, West Midlands B15 2SQ (“Rightangled”, “we”, “us”, “our”) is prepared to supply genetic testing services (“Services”) to any individual customer (“you”, “your”) who purchases a test kit via our website at www.rightangled.co (“Site”). In these terms and conditions we sometimes refer to you and us together as the “parties”, and to either of the parties individually as a “party”.
1.2 The contents of each order for genetic testing, and all associated saliva samples, that are submitted by you to us via the Site (“Order”), and these terms and conditions, together constitute the whole agreement between you and us in relation to each Order to the exclusion of all other terms and conditions.
1.3 By browsing the Site, creating an account and/or submitting any Order, you hereby agree to be bound by these terms and conditions.
1.4 We reserve the right to amend these terms and conditions from time to time. Any such amendments shall come into force 30 days after they have first been posted on the Site and shall apply to all orders submitted by you thereafter.
1.5 By submitting any Order, you acknowledge that you have not relied on any statement, warranty or representation other than those made in these terms and conditions.
1.6 You can contact us by writing to us at our registered office or emailing us at [email protected]
1.7 If we have to contact you, we will do so by telephone or by writing to you at the email or postal address that you provided to us in your Order.
2 THE SAMPLING PROCESS
Rightangled provide a consumer genetic testing service which equips patients with cardio-genetic information, enabling clinicians to make informed decisions regarding cardiovascular treatment or lifestyle changes, in turn promoting patient health. To ensure the efficacy of our data, we chose to partner with an accredited genotyping lab which adheres to high standards of quality. Our gene panel list is assayed through a genotyping technology that utilises competitive allele-specific pcr, which enables highly accurate bi-allelic scoring of snps (99.8% accurate) and indels (insertions and deletions) at specific loci across a wide range of genomic DNA samples (snp & indel assay conversion rate 90%), thereby limiting the risk of false-positive and false-negative results. Once this data is processed it is reviewed by our clinical partners, along with patient provided health data, via our online portal in order to generate an accurate interpretation of each individual patient’s cardiovascular health.
We make reasonable efforts to ensure that the content on our site is complete, accurate, and up-to-date. We do not, however, make any representation, warranties or guarantees (whether expressed or implied) that the content on our site constitute advice on which you should rely. It is provided for specialist practitioners to better understand the underlying genetic components to your genotype and your non-inherited environmental factors that may affect your health. Therefore, further professional or specialist advice should always be sought before taking any action relating to the planning or delivery of your treatment or care.
3 PROVISION OF THE SERVICES
3.1 In consideration of your payment of the fees, and any applicable VAT, specified on the Site in respect of each Order using the online payment tools made available on the Site, and provided that you comply with the detailed sample submission instructions that accompany the test kit that we supply to you, we shall:
3.1.1 use reasonable endeavours to provide the Services in accordance with these terms and conditions and all applicable laws and regulations;
3.1.2 use reasonable endeavours to complete each of the tests comprised in the Order within the time periods specified for each such test on the Site; and
3.1.3 arrange for delivery of the results of the Services (“Results”) in such format and manner as specified on the Site.
3.2 We warrant that the Services will be supplied using reasonable care and skill using suitably qualified personnel.
3.2.1 You may change your mind about whether to proceed with an Order provided that you do so within 14 days of receiving the test kit and provided that the test kit is unused with its seals in place. Provided that you return the test kit to use at your own cost, we will issue a refund for the price paid, less postage. Your right to change your mind and receive a refund ceases automatically once you have either unsealed or otherwise used the test kit, or a period greater than 14 days has elapsed since you received the test kit.
3.3 You acknowledge and agree that:
3.3.1 no genetic test is 100% accurate and that we exclude all liability for inaccuracy of Results to the fullest extent permitted by law;
3.3.2 all intellectual property rights of Rightangled used in the performance of the Services are and shall remain the exclusive property of Rightangled or its licensors or suppliers; and
3.3.3 all intellectual property rights in the Results shall vest, upon creation, in Rightangled.
4 DATA PROTECTION AND PRIVACY
4.1 In order to submit an Order you will first have to set up account on the Site and provide us with certain information, including your name, address, date of birth and gender. You may also be asked to provide additional information including, but not limited to, details of your ethnicity, personal health and family health history.
4.2 We will use any personal data that you provide to us for the purposes of supplying the Services. We will not share any of your personal data with any third party without first obtaining your express consent, unless we are required to do so by law
4.3 By submitting an Order:
4.3.1 you warrant that you are aged over 18 years of age and you consent to us not fulfilling your Order if it comes to our attention that you are, in fact, under 18 years of age;
4.3.2 you consent to us obtaining and storing (“processing”) your personal data, including sensitive personal data that you have provided to us;
4.3.3 you agree to provide us with a sample of your saliva in accordance with the instructions accompanying the test kit that we provide to you;
4.3.4 you consent to us using your saliva sample for the purposes of performing the Services, and you acknowledge that this may include sending the sample to a third party testing centre which may be located outside the United Kingdom. We will anonymise your sample before we send it to any testing centre;
4.3.5 you consent to us storing your saliva sample for future anonymous testing and eventual disposal.
4.4 You have a right to request that we cease processing and delete your personal data at any time, and we agree to comply with such request.
5.1 We shall not be liable to you for any loss of profit, damage to or loss of data, loss of anticipated savings, loss of revenue, or for any indirect or consequential loss or damage.
5.2 Our maximum aggregate liability to you in relation to any Order shall in no circumstances exceed the fees payable by you in relation to that Order.
5.3 Nothing in these terms and conditions shall be construed as excluding or limiting any liability for death or personal injury caused by negligence or liability for fraud.
6.1 A party (“Receiving Party”) shall keep in strict confidence all information that is disclosed to the Receiving Party by the other party, its employees, agents or subcontractors (together the “Disclosing Party”), which, by its nature or from the circumstances of its disclosure, ought reasonably to be presumed to be confidential information. The Receiving Party shall restrict disclosure of such confidential information to such of its employees, agents or subcontractors as need to know it for the purpose of discharging the Receiving Party’s obligations, and shall ensure that such employees, agents or subcontractors are subject to obligations of confidentiality corresponding to those which bind the Receiving Party.
7.1 We reserve the right to suspend or terminate your account at any time at our sole discretion and for any reason including, but not limited to, if you are in breach of these terms and conditions. You may cancel your account at any time by emailing us at [email protected]
7.2 An Order may be terminated in any of the following circumstances:
7.2.1 by either party immediately upon notice in writing to the other in the event that that other party is in breach of its obligations and, in the case of a breach which is not persistent and can be remedied, that party has not remedied such breach within 30 days of receipt of a written notice specifying the breach and requiring its remedy; or
7.2.2 by either party immediately upon notice in writing in the event that the other party goes into bankruptcy, compulsory or voluntary liquidation (except for the purposes of solvent reconstruction or amalgamation) or a receiver, administrative receiver or administrator is appointed in respect of the whole or any part of its assets or in the event that it makes an assignment for the benefit of or composition with its creditors generally or engages in or suffers any similar procedure in any jurisdiction.
7.2.3 Termination shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the agreement which existed at or before the date of termination.
7.3 Clauses 1, 4, 5, 6, 7.3 and 8 shall survive termination or expiry of this Agreement.
8.1 We party shall not be liable for any failure to perform our obligations to the extent that such failure is caused by circumstances beyond our reasonable control.
8.2 No person other than Rightangled and you shall have any rights under or in connection with these terms and conditions, whether under the Contract (Rights of Third Parties) Act 1999 or otherwise.
8.3 A waiver of any right under these terms and conditions is only effective if it is in writing and it applies only to the party to whom the waiver is addressed and the circumstances for which it is given.
8.4 If any provision of these terms and conditions is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted or modified, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
8.5 You shall not, without our prior written consent, assign, transfer, charge, subcontract or deal in any other manner with any of your rights or obligations under any Order or these terms and conditions.
8.6 These terms and conditions and any disputes or claims arising out of or in connection with them or any Order shall be governed by and construed in accordance with the laws of England and the parties agree that the courts of England shall have exclusive jurisdiction to settle any such dispute or claim.