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 firstname.lastname@example.org.
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
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. DNAfit 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 DNAfit please see https://www.bupa.co.uk/legal-notices/smart-dna-legal-information#terms . 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.
Information about Bupa and DNAfit
The DNA testing service (the “Service”) is provided to you by Bupa Occupational Health Limited (Registered in England, number 3829851) whose registered office is at 1 Angel Court, London, EC2R 7HJ (referred to as "Bupa" “we” or “us”). Bupa Occupational Health Limited is registered with the Information Commissioner's Office, registration number Z6196086.
We provide the Service to you by working alongside DNAfit Life Sciences Limited (Registered in England, number 08834823) whose registered office is at Tms House, Cray Avenue, Orpington, Kent, England, BR5 3QB and who is our DNA testing services provider (referred to as “DNAfit”). DNAfit Life Sciences Limited is registered with the Information Commissioner’s Office registration number ZA296783.
Bupa Occupational Health Limited and DNAfit Life Sciences Limited are each controllers of personal information which you provide or which Bupa Occupational Health Limited or DNAfit Life Sciences Limited receive as a result of your using the Service, including your health and medical information.
The privacy policies for Bupa and DNAfit explain how each organisation uses your personal data. We want to help you understand how we work with your data, so that you can make informed choices and be in control of your information. We invite you to spend a few moments understanding the policies. We may update the policies from time to time and you should check back here for updates.
If you have any questions about how we process your information in relation to the Service, please don't hesitate to get in touch by contacting email@example.com
You may also contact Bupa’s Data Protection Officer:
Address: 1 Angel Court, London, EC2R 7HJ
Bupa may use your personal information to send you marketing by post, by phone, through social media, by email and by text.
If you don’t want to receive emails from Bupa, you can click on the ‘unsubscribe’ link that appears in all emails Bupa send. If you don’t want to receive texts from Bupa you can tell Bupa by contacting Bupa at any time. Otherwise, you can always contact Bupa at firstname.lastname@example.org to update your contact preferences.
DNAfit Life Sciences Limited will not use the personal information you provide in relation to the Service to send you marketing or advertising.
You have the right to access your information and to ask us to correct any mistakes and delete and restrict the use of your information. You also have the right to object to us using your information, to ask for the transfer of information you have provided, to withdraw permission you have given us to use your information and to ask us not to use automated decision-making which will affect you.
You have the following rights (certain exceptions apply).
- Right of access: the right to make a written request for details of your personal information and a copy of that personal information.
- Right to rectification: the right to have inaccurate information about you corrected or removed.
- Right to erasure ('right to be forgotten'): you have the right to have certain personal information about you deleted from our records.
- Right to restriction of processing: the right to request that your personal information is only used for restricted purposes.
- Right to object: You have the right to object to us processing (including profiling) your personal information in cases where our processing is based on a task carried out in the public interest or where we have let you know it is necessary to process your information for our or a third party’s legitimate interests. You can object to us using your information for direct marketing and profiling purposes in relation to direct marketing.
- Right to data portability: You have the right to ask us to transfer the personal information you have given us to you or to someone else in a format that can be read by computer.
- Right to withdraw consent: You have the right to withdraw any permission you have given us to handle your personal information. If you withdraw your permission, this will not affect the lawfulness of how we used your personal information before you withdrew permission, and we will let you know if we will no longer be able to provide you with your chosen product or service.
- Right in relation to automated decisions: You have the right not to have a decision which produces legal effects which concern you or which have a significant effect on you based only on automated processing, unless this is necessary for entering into a contract with you, it is authorised by law or you have given your permission for this. We will let you know if we make automated decisions, our legal reasons for doing this and the rights you have.
Please note: Other than your right to object to us using your information for direct marketing (and profiling for the purposes of direct marketing), your rights are not absolute. This means they do not always apply in all cases, and we will let you know in our correspondence with you how we will be able to meet your request relating to your rights.
If you make a request, we will ask you to confirm your identity if we need to, and to provide information that helps us to understand your request better. If we do not meet your request, we will explain why.
In order to exercise your rights, please contact us at email@example.com .
You may also contact the Information Commissioners Office (the data protection regulator in the UK): Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF, telephone: 0303 123 1113 (local rate).