KP PHARMA DIAGNOSTICS TERMS OF USE
These terms and condition, govern your order for services and our provision of services to you as are made available from [insert weblink] (the “Site”), a website operated by KP Pharma Diagnostics Limited (“we”/”us”).
We reserve the right to update these terms and conditions from time to time at our discretion. If we do so, the updated version will be effective as soon as it is accessible. You are responsible for regularly reviewing these terms and conditions so that you are aware of any changes to them.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY, BY SIGNING UP FOR AND ACCESSING OUR SERVICES YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ACCEPT OUR PRIVACY POLICY. IF YOU DON’T WANT TO BE BOUND BY THESE TERMS AND CONDITIONS OR ACCEPT OUR PRIVACY POLICY, YOU SHOULD NOT REQUEST ANY SERVICES FROM US.
For more information on how we collect and process personal data that you share with us, please click here and review our Privacy Policy.
1. ABOUT US
1.1. KP Pharma Diagnostics Limited is a company registered in England and Wales under company registration number 15098764, with our registered office at AMBE House, Commerce Way, Edenbridge, Kent, TN8 6ED.
1.2. You may contact us at any time regarding your account or the services we provide at the following email address: [email protected].
2. ACCESS AND USE OF THE SITE
2.1. The Site and the Service is intended for use by residents of the United Kingdom over the age of 18. We make no representations regarding the appropriateness or availability of the Site or Services outside of the United Kingdom.
2.2. The Site is for personal use only. You agree not to use the Site for any commercial or business purposes. We reserve the right to withdraw or amend the Service we provide on our Site without notice. We will not be liable if for any reason our Site is unavailable at any time or for any period.
2.3. Any material which you contribute or upload to our Site must be true, accurate and correct, comply with applicable law and must not defame any person, be obscene, offensive, hateful or inflammatory, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, infringe any copyright, database right or trademark of any other person, be likely to deceive any person, breach any legal duty owed to a third party (such as a contractual duty or a duty of confidence), impersonate any person, or misrepresent your identity or affiliation with any person.
2.4. You shall not knowingly transmit any data that can be harmful to our website including, but not limited to, trojan horses, worms, time-bombs, keyloggers, spyware, and adware.
3. SERVICE
3.1. Through our Site you can access our network of testing facilities and arrange a time that is convenient for you to provide a sample and receive the required analysis of your sample.
3.2. You provide the information as required on the Site and book the test of your choice, a location convenient to you and set the date and time.
3.3. When you arrive at the facility, you will provide the required sample which will be processed through our diagnostic machine.
3.4. Results will then be emailed to your account.
4. ORDER PROCESS
4.1. To submit an initial order, you must register for or log in to your account on the Site (“Account”) and, via your personal profile dashboard, provide the requested information.
4.2. Our acceptance of your order for Service will take place when we email you to accept it, at which point a Service contract will come into existence between you and us on the basis of these terms and conditions. You confirm that you request immediate performance of this contract for Services.
4.3. If we are unable to accept your order, we will inform you of this by email and will not charge you for the Services (or shall refund you).
4.4. Once you have made a booking on the Site you may amend this through account settings. Once you attend the booking, you will have your chosen selection of tests administered by a clinican at the allocated time.
4.5. You acknowledge that a refund of any amounts paid will be your only available remedy if we are unable to accept your order after it has been placed.
5. PRICE AND PAYMENT
5.1. Our prices (inclusive of VAT) shall be stated on the Site at the time of your purchase or sign-up as applicable. For some payment methods, the issuer may charge you certain fees, such as foreign transaction fees other fees relating to the processing of your payment method.
5.2. To use the Service you must provide a valid form of payment to pay for the Services on the Site. You are responsible for ensuring that you have sufficient funds to make payment for the Services.
5.3. All payments must be made using a valid debit or credit card and must be authorised by the relevant card issuer. We may also need to use extra security steps as may required by the payment processing service.
5.4. When you create an account with us, you authorise us to take payment for your order using the payment card registered to your account, without the need for you to re-enter your payment details each time you place an order. You can update your card payment details in your account settings. If you update your payment card, you authorise us to take all future payments using the new payment card without requesting you to re-enter card details. All payments shall be processed by our trusted third party payment services provider.
5.5. All payments are subject to the approval of the financial institution issuing your credit or debit card and credit verification, and we will not be responsible if the payment fails credit verification or if such financial institution or provider refuses to accept or honour the payment for any reason. We may also report any suspicious transactions to the relevant authorities. If your payment details have expired or are invalid in any way, we will try to contact you.
6. CUSTOMER ACKNOWLEDGEMENTS
6.1. You acknowledge and agree:
6.1.1. that the Services are provided on an “as is” basis and should not considered as a substitute for actual medical diagnosis or examination with a doctor. Any report provided and the information contained within the report are not medical advice, medical recommendations or medical treatment regarding any aspect of your health, nutrition or wellbeing. You acknowledge and agree that any inaccurate, misleading or incomplete information provided by you in connection with the Service may result in the production of an incomplete or inaccurate report.
6.1.2.by using the Services you have read and fully understand the Disclaimer, click here;
6.1.3.you are solely responsible for any actions you take or do not take following the Services.
6.1.4.the information contained any report provided is for informational purposes only and may not be fully comprehensive or representative of the full state of your health. You agree that if you do have concerns about your health you will seek medical consultation.
6.1.5.that any incomplete or inaccurate information that you provide to us may impact the quality of the Service we provide to you, and may lead to errors that we are not liable for.
7. LIABILITY
7.1. Save as may be excluded under applicable law, our total aggregate liability to you out of or in connection with the Services is limited to direct loss or damage you suffer that is a foreseeable result of our breach of these termsupto the amount of charges paid for the Services. Loss or damage is foreseeable if we both consider at the time the contract is made, that such a loss could occur.
7.2. We aim to make the Site available to you all the time but sometimes it may be unavailable due to maintenance, repairs or to factors outside of our control. We will not be liable to you in relation to such downtime.
7.3. To the extent permitted by law, we make no representations or warranties of any kind, express or implied, as to the operation of the Site or the Services or any information, content, materials or products included or referenced on the Site.
7.4. To the extent permitted by law, we (inclusive of our platform provider) expressly exclude any liability for any loss that is not caused by us, caused by your own act or omission, caused by circumstances beyond our reasonable control.
7.5. Nothing in these terms and conditions limited our liability, for death or personal injury arising from our negligence, fraudulent misrepresentation or any other liability which cannot be excluded or limited under applicable law inclusive of any statutory rights.
8. INTELLECTUAL PROPERTY RIGHTS
8.1. Everything that you see on our website is protected by copyright. We are either the owner or the licensee of the material published and of all the attached rights. All such rights are reserved, which means use of our Site content is limited.
8.2. You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organization to material posted on our site.
8.3. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
8.4. Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
8.5. You must not use any part of the materials on our site for commercial purposes without obtaining a license to do so from us or our licensors.
8.6. If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
9. DATA
9.1. By creating an account with us, you are creating an electronic patient record, which will contain the following information:
9.1.1.Your name, date of birth, address and contact details,
9.1.2.Your acceptance of these terms, the Disclaimer and the privacy notice, and
9.1.3.Your test results.
9.2. You acknowledge and agree that we may archive your personal data for a minimum period of 6 years following your last booking.
9.3. For more information on the data we collect, how we process it and your rights, please see our privacy policy which can be found here.
10. THIRD PARTY LINKS
10.1. We may from time to time, provide links to other websites. These links are for informational purposes only and we do not have any control over their content including if they are factually correct. On that basis we do not accept any responsibility for any damage or loss you may suffer as a result of their use.
10.2. We are happy for you to promote our Site, however we will not accept instances where an end user is linking to our site and suggesting any form of association or endorsement where none exists. We also require that you do not frame our Site through any other.
11. TERMINATION & REFUND
11.1. If you do not wish to use the Service, you may cease your use and access to the Site at any time. If you would like to delete your account and your data, please do let us know by getting in contact.
11.2. We reserve our right to terminate your access to our use of the Site or Services at any time where necessary.
11.3. If we have failed to provide the Service to you, we will issue you with a refund. Please do get in contact with us to make your refund request by emailing us at [email protected].
11.4. We may cancel your order, and will provide you with email notification if:
11.4.1. We have insufficient stock,
11.4.2. Unavailability of clinicians,
11.4.3. We cannot verify that you are aged 18 or over,
If we do cancel your order we will notify you and refund you all sums paid within 30 days.
12. GENERAL
12.1. Each clause of these terms and conditions operates separately from one another. If any court or relevant authority decided that any one of them are invalid, illegal or unenforceable, the remaining clauses shall remain in full force and effect.
12.2. These terms and conditions, the privacy policy and any document expressly referred to in this agreement constitutes the entire agreement between you and us and supersedes any and all previous discussions, correspondence, negotiations, previous arrangements, understandings or agreements between us relating to the use of our Site and the Services made available on it.
12.3. These terms and conditions are governed by English law and you or we can bring proceedings in respect of the Services in the English courts. If you live in Scotland you or we can bring legal proceedings in respect of the Services in either the Scottish or English courts. If you live in Norther Ireland, you can bring legal proceedings in respect of the Services in either the Northern Irish or English courts.