1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply the Bupa SMART DNA test kits and services to you (together “products”).
1.2 Why you should read them. Please read these terms carefully before you make payment and register to submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Bupa Occupational Health Limited (“Bupa”) a company registered in England and Wales. Our company registration number is 00631336 and our registered office is at 1 Angel Court, London, UK EC2R 7HJ. Our VAT registration number is: 239 7316 41.
2.2 How to contact us. You can contact us by telephoning 0345 600 3458 or by writing to us at email@example.com or Bupa Health Clinics Customer Services, 4th Floor, Bupa Place, 102 The Quays, Salford Quays, M50 3SP.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 ”Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you or will refund you (as applicable) for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.4 We only sell to the UK. Our website is solely for the promotion of the products in the UK. Unfortunately, we only accept orders from UK residents aged over 18 and we only deliver to addresses in the UK.
4. OUR PRODUCTS
4.1 Products provided as-is. The products are provided as set out at the Bupa SMART DNA web pages.
4.2 Internet access. To make use of the products, you must have Internet access, directly or through devices that have access to web content, and you must pay any outside service fees associated with this access. You must also provide all the equipment necessary to connect to the Internet, which includes a computer and a modem or another access device.
4.3 Return of the goods for testing. Once you have completed the saliva sample please return the test kit using the prepaid envelope. You should do this immediately in order to avoid any breakdown in quality of the sample. You must do this within 6 months of the date of purchase of the kit. We will email you when we receive your test kit and when your results are ready for viewing.
4.4 Your conduct. You guarantee that you will not use the product for any unlawful or prohibited purposes. You guarantee that you will not use the product in a way that could damage or impair the product or interfere with someone else’s use of the product. You cannot try to obtain information through any ways that are not made available explicitly through the use of the product. It is an offence under the Human Tissue Act for anyone to use the product to take a sample from another person and submit it for testing without their full consent and so you should not do this.
Additionally you agree not to use the product to:
impersonate another person or misrepresent your affiliation with someone else;
harm minors in any way;
use software, devices or services to interact with the product or our servers unless explicitly permitted by us;
override, or attempt to override, security components in our web services or
interfere or disrupt the products, networks, or users that are connected to the products, or disobey any requirements, policies, or regulations of networks that are connected to the products.
You agree not to:
breach this agreement, any codes of conduct, or any other applicable guidelines that apply to the product or have been communicated to you by us; or
breach any laws or regulations.
4.5 Return of samples. Once you submit your saliva sample to our sub-contractor DNA Fit Life Sciences Limited (DNA Fit), who will be analysing it, ownership passes to DNA Fit. Once they have analysed it, the sample is irreversibly processed and it cannot be returned to you.
You acknowledge that you should not expect any rights in future products that might be developed by us or a third party and/or any type of financial benefit from us from having your information processed or shared with contracted third parties as detailed in the Privacy Notice found at mysmartdna.bupa.co.uk/privacy-policy
4.6 User Representations. You acknowledge and agree to the following:
5. OUR RIGHTS TO MAKE CHANGES
5.1 Minor changes to the products. We may change the product:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product.
5.2 More significant changes to the products and these terms. In addition, we may make more significant changes to these terms or the product, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
6. PROVIDING THE PRODUCTS
6.1 Delivery costs. The costs of delivery are included in the purchase price.
6.2 When we will provide the products. During the order process we will let you know when we will provide the products to you.
(a) We will deliver the test kit to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.
(b) We estimate that we will be able to provide your test results within 15 days of receipt of your sample.
6.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
6.4 When you become responsible for the goods. The goods will be your responsibility from the time we deliver the goods to the address you gave us or you or a carrier organised by you collect it from us.
6.5 When you own goods. You own the goods once we have received payment in full.
6.6 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, your name, date of birth, test kit barcode number, gender and email address. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and Clause 9.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
6.7 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
(a) deal with technical problems or make minor technical changes; or
(b) update the product to reflect changes in relevant laws and regulatory requirements.
6.8 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 30 days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
7. YOUR RIGHTS TO END THE CONTRACT
7.1 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the product or these terms which you do not agree to (see Clause 5.2);
(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or
(e) you have a legal right to end the contract because of something we have done wrong.
7.2 Exercising your right to change your mind (Consumer Contracts Regulations 2013). You have 14 days after the day we email you to confirm we accept your order to cancel the order, you can do this by contacting us by telephoning 0345 600 3458 or by writing to us at firstname.lastname@example.org or Bupa Health Clinics Customer Services, 4th Floor, Bupa Place, 102 The Quays, Salford Quays, M50 3SP. However, once we have completed the services you cannot change your mind, even if the period is still running.
7.3 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:
(a) services, once these have been completed, even if the cancellation period is still running;
(b) the goods once these have been unwrapped from the cellophane packaging as these have been sealed for health protection and hygiene purposes.
8. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
8.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a) Phone or email. Call customer services on 0345 600 3458 or email us at email@example.com.
(b) In person. Visit the clinic where you purchased the product from to let us know you would like to end the contract.
You can use the following template to let us know you would like to cancel your order and end the contract cancellation form.
8.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to the clinic where you bought them or, post them back to us at Bupa Health Clinics Customer Services, 4th Floor, Bupa Place, 102 The Quays, Salford Quays, M50 3SP .If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
8.3 When we will pay the costs of return. We will pay the costs of return:
(a) if the products are faulty or misdescribed;
(b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
8.4 How we will refund you. We will refund you the price you paid for the products, by the method you used for payment. However, we may make deductions from the price, as described below.
8.5 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
We may reduce your refund of the price to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
8.6 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 8.2.
9. OUR RIGHTS TO END THE CONTRACT
9.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
(a) you breach any of the terms of this agreement; or
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products.
9.2 You must compensate us if you break the contract. If we end the contract in the situations set out in Clause 9.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
9.3 We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know at least 30 days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
10. IF THERE IS A PROBLEM WITH THE PRODUCT
10.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team on 0345 600 3458 or by writing to us at firstname.lastname@example.org or Bupa Health Clinics Customer Services, 4th Floor, Bupa Place, 102 The Quays, Salford Quays, M50 3SP. Alternatively, please speak to one of our staff in the relevant clinic.
10.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If your product is goods, for example the test kit, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.
b) Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
See also Clause 7.3.
If your product is services, for example the supply of the test results, the Consumer Rights Act 2015 says:
a) You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.
b) If you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.
c) If you haven’t agreed a time beforehand, it must be carried out within a reasonable time.
If your product is digital content, for example the results of your test, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
a) If your digital content is faulty, you're entitled to a repair or a replacement.
b) If the fault can't be fixed, or if it hasn't been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back.
c) If you can show the fault has damaged your device and we haven't used reasonable care and skill, you may be entitled to a repair or compensation.
See also Clause 7.3.
In the event that your sample cannot be properly analysed (for example, if it has been damaged or delayed in the post) then we will either provide you with a further test kit so that we can repeat the analysis or refund the price that you have paid.
10.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them or post them back to us. We will pay the costs of postage. Please call customer services on 0345 600 3458 or email us at email@example.com.
11. PRICE AND PAYMENT
11.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order or discussed with you when you purchased the product in our clinic or over the phone. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see Clause 11.3 for what happens if we discover an error in the price of the product you order.
11.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
11.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
11.4 When you must pay and how you must pay. When and how you must pay will be indicated on the order pages when you placed your order or discussed with you when you purchased the product in our clinic or over the phone.
11.5 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 2% a year above the base lending rate of Barclays Bank PLC from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
11.6 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
12. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
12.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
12.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at Clause 10.2 and for defective products under the Consumer Protection Act 1987
12.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12.4 Limitations on genetic information. Genetic information (meaning personal data related to inherited or acquired genetic characteristics of a person which give unique information about the physiology or the health of that person and which result, in particular, from an analysis of a biological sample from the person in question) is subject to significant limitations and you rely on information provided by us at your own risk. The product or information provided should not be assumed to be correct or conclusive.
We do not guarantee the effectiveness of any specific course of action, procedures, opinions, or other information that may be provided in connection with the Services. If we provide guidance on what might work for you based on the product this is intended for research, information and educational purposes only. No medical advice is provided, and information reported has not been clinically validated. Furthermore, we do not provide any information about your ancestry. If you have any specific concerns related to health status, genetic testing or lifestyle changes in relation to your own personal health then please consult with a qualified healthcare professional.
Health, fitness, nutrition or wellness behaviours should not be altered solely based on the information provided by in connection with the product. Referral to a healthcare professional to discuss results is recommended before acting upon data provided by the product. There are other factors, such as other (perhaps unknown) genetic markers, environmental factors and lifestyle choices, which also affect wellness traits.
The information contained within your reports cannot be used as specific medical or diagnostic advice, but rather provides you with information to better understand wellness traits associated with your genotype. Furthermore, DNAFit do not provide any information about your ancestry.
The product provides only information related to fitness and nutrition.
Sharing Genetic Information - Sharing genetic information with companies, family, friends or employers should be done with caution as it may be used against your best interests and in some cases, may have limited meaning today, but could have a greater meaning in the future.
Genetic information shared with a healthcare provider may become part of your medical records, access to which would be governed by data protection law.
Before ordering the product you have the right to refer to a genetic counsellor to help you decide if the product is right for you. They can also help you understand the results. You also have the right to speak with another healthcare professional about your results.
12.5 Monetary cap on our liability. Subject to clause 12.2, we shall not be liable to you for any damages, costs or losses in excess of the cost of the product paid by you to us.
12.6 Digital content. If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
13. HOW WE MAY USE YOUR PERSONAL INFORMATION
13.1 How we may use your personal information.We will only use your personal information as set out in the Bupa Privacy Notice. The testing and analysis of your sample is performed by our partner DNAFit, who are a separate data controller and who will use your information for this purpose as set out in the DNAFit Privacy Notice.
14. INTELLECTUAL PROPERTY. You acknowledge that the content from the product available to you is protected by legal rights and interests including copyright and intellectual property rights owned by us, our partners and/or the sponsors who provide the content (or other people or companies on their behalf). We do not grant you permission to share any of the content unless explicitly indicated. You may not modify, lease, sell, distribute or create works based on the product content unless you have been told you can do so by us or by the content owners in a separate written contract or agreement.
You agree not to distribute, publish, duplicate, copy, create, modify, sell, distribute or share portions or all of the product, the use of the product or access to the product for any commercial purposes.
You agree not to remove, obscure or alter any proprietary rights notices including copyright and trademark notices that might be contained within the products.
Unless you have been authorised in writing by us, you agree not to use any trademarks, trade names or logos of any company or organisation through the products in a way that is intended to cause confusion about such marks, names or logos.
For any software, we grant you a personal, non-transferable right and license to use the code of its software on one computer. You cannot allow a third party to copy, modify, or create a derivative work through reverse engineering, or attempt to discover any code or transfer any right in the software unless it is permitted by law or unless you have been given written permission by us.
This license is allowed solely for allowing you to use and enjoy the product as allowed by this agreement. Unless we have given you specific written permission, you cannot assign your rights to use the software, grant a security interest over the software or transfer any part of your rights to use the software. You agree not to modify the software in any way or form or use modified versions of the software, including for obtaining prohibited access to the product. You agree not to access the product through other means except through the interface provided by us. Any rights that are not granted here are reserved.
15. OTHER IMPORTANT TERMS
15.1 We may use sub-contractors or transfer this agreement to someone else. We may use sub-contractors to provide all or part of the products. DNA Fit are our subcontractor, they manufacture and provide the kits, collect payment from you if ordering on line and process your data to analyse your sample and produce the report. For further detail about DNA Fit and how they will use your personal data please see https://www.dnafit.com/legals/privacy.asp. We shall remain responsible to you for complying with these terms. References to “we” or “us” in these terms shall include our sub-contractors. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 14 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.
15.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
15.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
15.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
15.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts. We will only conclude this contract in the English language.
Please note: if your employer has purchased the product on your behalf the following sections of the Terms of Service do not apply to you and/or are replaced by the provisions below:
Clause 3.1 – to be replaced with “You shall be bound by these Terms of Service when you accept them as part of the process to
register your product;
Clauses 3.2 and 3.3 – N/A;
Clause 5.2 – we would notify your employer who has purchased the product of this;
Clause 6.2(a) – to be replaced with “We will deliver the kit to you as soon as reasonably possible and in any event within 30 days after the day on which you request a kit from us”;
Clause 6.3 – the following section is deleted: “...but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received”;
Clauses 6.4 and 6.5 – N/A – responsibility for the goods and ownership of the goods will be agreed with your employer that is purchasing the product;
Clause 6.8 – N/A – in the event that we suspend the supply of the products you should contact your employer who purchased the product;
Clauses 7 and 8 – in the event that you no longer want to use the product please contact your employer who purchased the product;
Clause 9.2 – the following words are deleted: “we will refund any money you have paid in advance for products we have not provided but”
Clause 9.3 – N/A – in the event that we withdraw the product we will contact your employer who purchased the product;
Clause 9.4 – to be added: We may end the contract for a product at any time, by writing to you, if we terminate our contract with your employer who purchased the product;
Clause 10 – N/A – in the event that you consider that there is a problem with the product please contact your employer who purchased the product;
Clause 11 – N/A;
Clause 12.5 – the following words are deleted: “paid by you to us”;
Clause 15.1 – the following words are deleted: “and we will refund you any payments you have made in advance for products not provided”; and
Clause 15.7 – to be added: “You acknowledge and agree that we may share anonymised data relating to the product with your employer who purchased the product”