BIOME TERMS AND CONDITIONS OF SERVICE
1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply to you our BioMe health and performance courses, either in-person or online. They also cover any additional services we provide as follow-up to our courses, such as ongoing health and performance plans and follow-up group calls and chats. They also cover the provision of preparatory services such as carrying out blood tests and reviewing your responses to a Health and Performance Questionnaire. All these services are referred to as ‘BioMe Services’ in these terms. Please pay particular attention the Disclaimer below before placing your order – BioMe Services are not a substitute for medical advice. If you have any concerns regarding your health you should discuss them directly with your GP or a doctor.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide BioMe Services 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 or require any explanation of them, please contact us to discuss.
1.4 Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. If you are a business, you are responsible for ensuring the compliance with these terms of all attendees in respect of whom you purchase BioMe Services. You are a consumer if:
- You are an individual.
- You are buying BioMe Services from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
2.1 BioMe Services are not a substitute for medical advice. We do not diagnose or treat disease. If you have any concerns regarding your health you should discuss them directly with your GP or a doctor.
2.2 The information and opinions expressed by means of our courses are based on our best judgment and knowledge. Ultimately, of course, the BioMe Services are provided for your information only, as one of many information points you will use in determining a course of action that is appropriate for you. No action or inaction should be taken based solely on the contents of this information. We are confident in the soundness of our information and judgment, but we cannot guarantee that application of it in your particular circumstances will achieve your desired outcome. Whilst we can show you tools which in our experience can help you achieve your health and performance goals, we cannot guarantee that your use of those tools will achieve your goals.
3. INFORMATION ABOUT US AND HOW TO CONTACT US
3.1 Who we are. We are BioMe Health and Performance Limited, a company registered in England and Wales. Our company registration number is 11607439 and our trading address and registered office is at 22 Farfield Road, Shipley, United Kingdom, BD18 4QP. Our registered VAT number is 307976961.
3.2 How to contact us. You can contact us by telephoning our customer service team at +44 333 012 9341 or by emailing us at email@example.com.
3.3 How we may contact you. If we have to contact you, we will do so by telephone or by email using the telephone number or email address you provided to us in your order or in the Health and Performance Questionnaire.
4. OUR CONTRACT WITH YOU
4.1 How we will accept your order. Our acceptance of your order for BioMe Services will take place when we email you to accept it, at which point a contract will come into existence between you and us on these terms and conditions.
4.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this by email and will not charge you for the BioMe Services. This might be because of limits on the number of courses we can resource, or because we have reached the attendance limit on the course you have ordered.
4.3 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.
5. CONSUMER RIGHTS TO CANCEL YOUR ORDER
5.1 Consumer’s Right to Cancel. For most services bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms. If you are a consumer (not a business customer), you may for any reason cancel an order for BioMe Services during the 14 day period after we accept your order. You can cancel in any way convenient to you, including using the contact details above. But to the extent that you have expressly requested us to provide any BioMe Services in that 14 day period and we do so (for example, access to online course material or blood tests), you may not cancel those BioMe Services and you must pay for them.
5.2 Partial Cancellations. If you cancel under your statutory right to cancel and you have already made any payment to us for the booking, we will refund the payment to you within 14 days of receiving your cancellation less any amount due for the BioMe Services that we have provided as set out above (that is, any online material you have accessed and any blood tests you have sent a sample for).
5.3 How we will refund you. We will refund you by the method you used for payment. However, we may make deductions from the price, as described below.
5.4 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 of your telling us you have changed your mind.
6. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the course you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the BioMe Services, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
7. OUR RIGHTS TO MAKE CHANGES
7.1 Minor changes to the BioMe Services. We may change the BioMe Services:
- to reflect changes in relevant laws and regulatory requirements; and
- to implement minor technical adjustments and improvements. These changes will not affect your ability to access the BioMe Services.
8. PROVIDING THE BIOME SERVICES
8.1 How we provide the BioMe Services. We provide the course sessions in person and online. Follow-up sessions are provided through online messaging and video calling services, and 3-month health and performance plans are provided digitally. Blood tests are provided through our test provider, Medichecks.
8.2 When we will provide the BioMe Services. During the order process, we will let you know when and where the course is scheduled to take place. For follow-up video calls, we reserve the right to determine the date and time of the sessions.
8.3 We are not responsible for delays outside our control. If our supply of the courses 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 courses you have paid for but not received.
8.4 If you do not attend a course. In the event of your being unable to attend a course at the time you originally booked, we will use reasonable endeavours to accommodate requests for transfers to alternative dates but shall be under no obligation to grant such requests. If it is not possible to arrange for you to attend an alternative course, we will be under no obligation to refund you in respect of the course.
8.5 Arriving Late. If you are late for any course, we will not extend the length of it beyond its scheduled finishing time unless we specifically agree to do so at the time when you arrive.
8.6 We may also suspend supply of the BioMe Services if you do not pay. If you do not pay us for the BioMe Services when you are supposed to and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the BioMe Services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the BioMe Services. We will not suspend the BioMe Services where you dispute the unpaid invoice.
8.7 Your behaviour in respect of the courses. We reserve the right to terminate your participation in any course or follow-up chat or call at any point if you are disrupting them or it is in the interests of others who are attending that course. By way of example, we may remove any person who uses threatening, abusive or insulting words or behaviour in our reasonable opinion, is acting under the influence of alcohol or drugs. You will not be entitled to any refund in the event that we terminate your participation in a course in these circumstances. Mobile phones should be switched to silent mode during a course.
8.8 Third Party Communication Services. Our follow-up sessions are provided to you by means of third party communications systems. We have no control over those services and we are not responsible for any problems you encounter using the courses by these means. You must abide by the terms and conditions of the relevant communications system provider when using the follow-up services.
If we have to contact you, we will do so by telephone or by email using the telephone number or email address you provided to us in your order or in the Health and Performance Questionnaire
9. THE LOCATION
9.1 You must conduct yourself in a reasonable and responsible manner at all times when at the premises in which a course takes place (“the Location”) and must not act in any way which may disturb other guests at the Location. If you do not, we may ask you to leave the Location and you will not receive a refund.
9.2 If you have any special dietary requirements, you should inform us of them in advance in your Questionnaire. We will use all reasonable endeavours to accommodate those requirements and, where this is not possible, tell you that we are unable to do so. We will tell you times of meals when you arrive.
9.3 We do not permit you to:
- smoke anywhere in the Location;
- bring into the Location any child as we do not have anyone to supervise them;
- bring any animals into the Location with the exception of guide dogs. If you require the use of a guide dog, you should inform us of that before you order the course.
10. OUR PROPRIETARY RIGHTS IN OUR COURSE MATERIALS
We have taken a lot of time, resources and energy to make the BioMe Services unique and high-quality. We own or licence the intellectual property rights in all of the courses, any recording of the course, and the material we provide in the courses be it orally, in writing or electronic form (“Material”). You are not entitled to record or reproduce any Material. You are not entitled to share the Material with any other person. If you are a business, your use of Material is limited to the individual persons attending the relevant course (or scheduled to attend the course). We reserve all our rights in the sound, video and any text content of any course. You must not use any part of the Material for commercial purposes without obtaining a licence to do so from us or our licensors.
11. BLOOD TESTS
11.1 The terms applicable to the blood tests carried out on our behalf by Medichecks are set out in this section.
11.2 Blood test results and comments or interpretation provided by Medichecks (being the provider who will carry out your blood tests) or us in relation to those results are for the purposes of information only. They may provide a guide to help you understand your health but do not, and are not intended to, constitute a clinical diagnosis. This service is not a substitute for proper medical investigation and advice and neither we nor Medichecks provide clinical or diagnostic services in relation to the tests. Our comments are based on information available to us at the time, which information may be insufficient to gain a complete understanding of your health or a particular condition you may be suffering from. If you have any concerns regarding your health or your test results you should discuss them directly with your GP or a doctor.
11.3 Based on the results of your test(s) and/or other information that you have provided to us, we or Medichecks may recommend that you purchase a follow-up test or that you see your GP for further investigation or both. You agree that you are solely responsible for acting on such guidance and that we and Medichecks accept no liability in the event you choose not to do so.
11.4 All samples taken using the testing kit provided must be sent back to Medicheck’s laboratory on the day it is taken (in the pre-paid envelope provided) to enable the sample to be analysed.
11.5 We or Medichecks may contact you by telephone regarding your sample and test results if necessary.
11.7 The test is valid for 6 (six) months from the date Medichecks post the testing kit to you (the “Validity Period”). If you do not send a sample to the laboratory within the Validity Period your test will expire and you will not be entitled to a refund.
11.8 If, for any reason, Medichecks is unable to perform a test you have ordered, we will inform you by email or by phone.
11.9 By purchasing BioMe Services and sending a sample to Medichecks you are giving Medichecks and its partner laboratories your informed consent to perform the tests you have ordered.
11.10 Certain tests require you to fast for a minimum period prior to collecting a sample, refrain from consuming alcohol beforehand, take your sample at a certain time of day, or prepare in other specified ways. We will provide you with clear instructions if you order a test with special sample requirements and it is imperative that you follow these instructions carefully to ensure reliable test results.
11.11 You must send samples to the laboratory using the pre-paid envelope provided on the day the sample was taken to ensure that it arrives at the laboratory the following day. Failure to do so may lead to deterioration of your sample which could affect the accuracy of your test results. Neither we nor Medichecks accepts responsibility for results that are compromised due to delays in returning samples or where samples are lost in the post. If you are concerned that your usual postal service will not result in next day delivery, we recommend that you return your sample using a guaranteed next-day service. This will be at your cost.
11.12 Please let Medichecks know that you have sent your sample to the laboratory by logging on to your online account and confirming when your sample was sent. This enables Medichecks to track your order and ensure timely delivery of results.
11.13 Occasionally the laboratories are unable to test samples sent to them. This may be because the amount collected is insufficient for full analysis, the sample has deteriorated or clotted or because it has haemolysed (where red blood cells damaged during sample collection leak their contents into the surrounding plasma). If the laboratory cannot test your sample, we will send a second home collection kit to you free-of-charge for you to repeat the process. If this second sample cannot be tested, we will give you the option to visit a clinic to have blood drawn by a phlebotomist (for which you will pay an extra charge) or to cancel the order and request a full refund.
12. OUR OBLIGATION OF CONFIDENTIALITY
12.1 Those BioMe personnel who are engaged in dealing with your health data in connection with the BioMe Services are subject to a professional obligation of confidentiality in respect of it.
12.2 We undertake to keep your health and ethnic origin data confidential. Except where it has been anonymised (so that it can no longer identify you), we will not disclose it or use it for any purpose other than providing the BioMe Services.
13. OUR CANCELLATION OF A COURSE
13.1 We may cancel a course booked by you at any time before the time and date of that course in the following circumstances:
- The required minimum number of people for the course have not booked for that course; or
- The required leader necessary for the course is not available; or
- An event beyond our reasonable control occurs which makes it impractical for us to run the course.
13.2 If we cancel a course in such circumstances we will refund to you in full the payment that you have made to us for the BioMe Services.
14. IF THERE IS A PROBLEM WITH THE BIOME SERVICES
14.1 How to tell us about problems. If you have any questions or complaints about the BioMe Services, please contact us. You can contact us by telephoning our customer service team at +44 333 012 9341 or by emailing us at firstname.lastname@example.org.
14.2 Your legal rights. We are under a legal duty to supply courses and services that are in conformity with this contract. Nothing in these terms will affect your legal rights conferred on you by your status as a consumer.
15. YOUR RIGHT TO USE DIGITAL COURSE MATERIALS
15.1 Whenever we provide you with access to a course in a digital download or website, you will not own it. Instead we give you permission to use it (also known as a ‘licence’) for the purpose of you accessing and using it according to this contract.
15.2 The course material:
- is personal to you alone – you may not authorise others to use it. You can use it wherever you want in the world but only if you comply with local laws;
- is non-exclusive to you. We may supply the same or similar digital content to other users;
- the recording may not be:
- copied by you except for a reasonable number of necessary back-ups;
- changed by you (which means, in particular, that you are not allowed to adapt, reverse-engineer or decompile it, or try to extract the source code from it, except where any of this is allowed by law);
- combined or merged with, or used in, any computer program or other material;
- distributed or sold by you to any third party;
- includes a guide on how to use it. Please read this carefully; and
- contains information which is owned by us or third parties or both. You must not conceal, change or remove any markings which show who owns this information, such as copyright (©), registered trade mark (®) or unregistered trademark (™) markings.
15.3 Except where you have permission to use the course recording under this clause 14, you will not obtain any rights of ownership or other rights (of whatever nature) in the recording or its content or in any copies of them.
16. PRICE AND PAYMENT
16.1 Where to find the price for the service. The price of the service (which includes VAT) will be the price indicated on the order pages when you placed your order.
16.2 When you must pay and how you must pay. We accept payment with debit and credit cards. We will take payment on acceptance of your order.
16.3 What to do if you think a charge is wrong. If you think we have wrongly calculated or applied a charge, please contact us promptly to let us know.
16.4 Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
17. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU – IF YOU ARE A CONSUMER
17.1 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.
17.2 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 BioMe Services referred to in clause 13.2.
17.3 We are not liable for business losses. We only supply the courses for personal and private use. If you use the courses for any commercial or business purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
18. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU – IF YOU ARE A BUSINESS
18.1 Nothing in these terms shall limit or exclude our liability for:
- death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
- fraud or fraudulent misrepresentation;
- any matter in respect of which it would be unlawful for us to exclude or restrict liability.
18.2 Subject to section 18.1:
- we (and our officers, directors, employees, shareholders or agents) shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of income, loss of business opportunity, loss of anticipated savings, or any indirect or consequential loss arising under or in connection with any contract between us; and
- the total liability of us (and our officers, directors, employees, shareholders or agents) to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to 100% of the total sums paid by you for the BioMe Services.
19. HOW WE MAY USE YOUR PERSONAL INFORMATION
20. OTHER IMPORTANT TERMS
20.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
20.2 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.
20.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
20.4 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.
20.5 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. For example, if you miss a payment and we do not chase you but we continue to provide the courses, we can still require you to make the payment at a later date.
20.6 Which laws apply to this contract if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. As a consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms and conditions, including this clause, affects your rights as a consumer to rely on such mandatory provisions of local law.
20.7 Online Dispute Resolution. If you are a consumer resident in the EU, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform, available here – https://ec.europa.eu/consumers/odr/main/?event=main.home.show.
20.8 Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.
20.9 If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.