Definitions and Interpretation
1.1 In these Conditions:
(a) Report means the report, incidental data, test results and product, service and other recommendations that we send to you following receipt of a Sample;
(b) Sample means your saliva or blood sample as the case may be; and
(c) we or us means Nell Health Limited with a registered office at Highdown Road, Leamington Spa, Warwickshire, England, CV31 1XT with company number 10815521.
1.2 In these Conditions, words in the singular include the plural; a reference to a Condition is to a Condition of these Conditions; and including means including but not limited to.
1.3 These Conditions apply to the supply by us of a Report to you. No other terms apply to the maximum extent permitted by law.
2. Ordering a Report
2.1 You must be at least 18 to order a Report.
2.2 Your order constitutes an offer to purchase a Report from us, and does not form a binding contract until accepted by us. On receipt of your order, we will send you an order acknowledgement email to the email address provided by you in the order process. This order acknowledgement email will contain your order number and details of the order. This email is an acknowledgement of receipt of your order. It is not an acceptance by us of any offer to purchase a Report.
2.3 The prices payable for the Reports are set out on our website. We reserve the right to change the prices at any time. The price must be paid in full before we process your order.
2.4 Your life insurance provider may request that you provide them details of genetic test results. We focus our Report on lifestyle genetics and the majority of the genes analysed are unrelated to disease risk and should not have implications for life insurance. However, a small number of the genes analysed for health and wellness may be associated with disease risk. You should therefore consider your life insurance situation before ordering a Report.
3. Sample collection
3.1 We will use all reasonable endeavours to deliver the mouth swab kit to you in accordance with the delivery timescale you select. However, please note that we can only deliver to the UK.
3.2 Products for delivery overseas may be subject to additional charges such as import duties and taxes, which are levied once the mouth swab kit reaches the specified destination. We have no control over these charges and cannot predict what they may be. You are responsible for such charges and so we recommend that you contact the local customs office for further information as to the amount of such charges (if any). Kits for delivery overseas may be opened and inspected by customs authorities.
3.3 Please follow all instructions relating to use of the mouth swab and return it to us within 4 weeks. You acknowledge and agree that we shall analyse and extract information from the Sample from the mouth swab to prepare the Report. If the Sample we receive from you is not adequate, we may ask you to provide another Sample.
3.4 You must not use your mouth swab kit for any purpose except as set out in these Conditions or for any other person except you.
3.5 If your Report is based on a blood Sample, you may attend our laboratory in Marylebone. We will contact you with information on how to book an appointment.
3.6 When you return your saliva Sample to us, you must enclose the completed consent form. We cannot analyse the saliva Sample without the completed consent form.
3.7 You agree that we shall engage our laboratory to extract your DNA from the Sample to perform genetic testing. We will securely store your DNA for 3 months at our laboratory in the UK. You can request that we destroy your DNA sample at any time and we shall promptly do so.
3.8 We reserve the right to analyse your Sample on an anonymous basis and to use the results for evaluation, research and marketing purposes.
3.9 You agree that in the future, when new genetic testing or reporting is available and you request Nell Health to do so, Nell Health may perform additional testing on my sample.
4.1 You may not cancel your contract with us for the Report because the Report is clearly personalised for you.
The provisions of this section do not affect your statutory rights. We are under a legal duty to supply products that are a satisfactory quality, fit for purpose and as described and to prepare the Report with reasonable skill and care.
We reserve the right to cancel the contract between us if:
(a) we have reason to believe that you are not at least 18 years old;
(b) you have ordered a Report based on a saliva sample and we have insufficient stock to deliver the mouth swab kit to you or we do not deliver to your area; or
(c) the Report that you ordered was listed at an incorrect price due to a typographical error or an error.
If we do cancel your contract we will notify you by e-mail and will refund you all sums paid by you but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
5. The Report
5.1 We shall do our best to email you a link to your Report within our secure website within 2 to 4 weeks from receipt of the Sample. If you have not received your link by this time, please let us know. You will need the information you provided to us on your order to access your Report.
5.2 No copyrights or other intellectual property rights in the Reports are assigned to you.
5.3 You can use the Report for your own purposes, but you must not allow or encourage anyone else to follow the information within the Report because the Report has been prepared specifically for you. You must not sell the Report to anyone else or make it available online.
6. Limitations of the Report - Please read this section carefully
6.1 We warrant that we shall prepare the Report with reasonable skill and care, to reflect the description that we have provided to you and so that it is fit for purpose.
6.2 However, the content of the Report should not be considered in isolation. The Report concerns only one aspect of your health, nutrition, fitness and well-being. The Report is not a substitute for or an alternative to any other medical or therapeutic services or treatments that are available or for any medication prescribed to you. The Report does not take into account any factors not known to us, such as any medications or nutritional supplements that you may take.
6.3 Unless otherwise stated within the Report, the Report is not intended to diagnose, treat or cure any illness or disease or provide information on disease risk. You should contact your doctor or other medical practitioner before you begin to follow any recommendations set out in the Report particularly if you are currently taking other medication or are otherwise ill or if you are pregnant; and particularly if the Report recommends that you do so. You agree that the impact of the Report depends on your dedication and motivation to follow the recommendations; however, we do not promise that any result will be achieved by following the recommendations in the Report.
6.4 The Report will include information only on actionable genetic findings that have a high degree of scientific credibility which have been reviewed and signed off by our scientific team. Anything that falls out of this scope will not be included in the Report.
You agree that genetic testing and blood testing and the result of such results are always improving and changing as technology and understanding develops. Accordingly, the recommendations of a Report may not remain current.
7. Our liability
7.1 Any liability we have to you is limited to damages that arise as a direct result of our breach of contract or negligence, and are in any event limited to the price paid for the Report, to the extent permitted by law.
7.2 We do not limit or exclude our liability for:
(a) death or personal injury resulting from our negligence;
(b) fraud or fraudulent misrepresentation; and/or
(c) any loss that cannot lawfully be excluded by applicable laws.
8. Use of the website
8.1 We will use reasonable endeavours to make the website available to you at all times. However, there may be occasions when access to the website may be interrupted, including for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. We reserve the right to remove any services, products, content or features from the website at any time and for any reason.
8.2 The website is made for your own, personal use. You must not try to gain unauthorised access to the website or any networks, servers or computer systems connected to the website and/or reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble all or part of the website save to the extent expressly permitted by law.
8.3 The copyright in all material contained in the website including all information, data, text, images and software is owned by or licensed to Nell Health. All rights are reserved.
8.4 The website may contain links to websites or apps operated by third parties. We do not have any influence or control over any such third party websites or apps and we are not responsible for and do not endorse any third party websites or apps or their availability or content.
8.5 We accept no responsibility for adverts contained within the website. If you agree to purchase products and/or services from any third party who advertises on the website, you do so at your own risk. The advertiser, and not us, is responsible for such products and/or services and if you have any questions or complaints in relation to them, you should contact the advertiser.
9.1 These Conditions (as amended from time to time) constitute the entire agreement between you and us concerning your use of the website and our Reports.
9.2 We shall be entitled to outsource the preparation of a Report as we deem appropriate.
9.3 If any provision of these Conditions is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties and all other provisions shall remain in full force and effect.
9.4 Our failure to exercise or enforce any right or provision of these Conditions shall not constitute a waiver of such right or provision.
10.1 If you have any complaint or wish to raise a dispute in relation to the website and/or a Report, please let us know. Or you can use the EU dispute resolution procedure at http://ec.europa.eu/odr
10.2 These Conditions shall be governed by and construed in accordance with English law and you agree to submit to the exclusive jurisdiction of the English Courts.
Last updated: November 2018