- THESE TERMS
1.1 What these terms cover These are the terms and conditions on which we grant you access to our website and, if you order any services from us, supply services to you. The services include the supply of DNA sample testing kits to you which we refer to here as “testing kits”, the receipt of samples supplied by you and procuring the genomic test(s) that you have ordered, sending you the results of those tests and arranging the provision of our standard post-test consultation. In addition, we may agree to supply other services such as additional consultation services. In these terms and conditions, we refer to those parts of the services that are consultations concerning the results of your tests as “consultations”. These terms were last changed on 22 February 2017.
1.2 Why you should read them. Please read these terms carefully before you use our website or submit your order to us. These terms tell you who we are, how you may use our website, how we will provide services to you, how you and we may change or end any contract with us, 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 changes, please contact us to discuss. You should keep a copy of these terms and conditions for your records.
1.3 Changes to these terms. We may change these terms from time to time but any
changes will only affect use of our website or orders placed after we change them. You should check these terms every time you use our website or order from us.
- INFORMATION ABOUT US AND HOW TO CONTACT US AND HOW TO ORDER FROM OUR WEBSITE
2.1 Who we are. We are Code You Genetics Limited a company registered in England and Wales. Our company registration number is 11073779. and our registered office is at A3 Broomsleigh Business Park, Worsley Bridge Road, London, SE26 5BN.
2.2 How to contact us. You can contact us by telephoning our customer service
team at the number on our website or by writing to us at email@example.com.
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. By supplying an email address you consent to us communicating with you by email. Internet communications are inherently unsafe or may be in intercepted or monitored (for example at any place of work) and therefore you should consider carefully whether you wish us to email personal data to you. Please let us know if you do not want us to email you any results.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails. It is your responsibility to verify that your email address is in proper working order and that you monitor this email address for communications from us.
2.5 The details on our site or in our advertisements or contained in our marketing materials and activities are not offers that you can accept.
2.6 How to order from our website. To order from our website, you will need to register your details and create an account with us. You will then need to add items to your shopping basket by clicking on the appropriate buttons. Errors to the items added to your shopping basket may be corrected by clicking on the shopping basket icon and updating the items in your shopping basket. Changes to your delivery address may be made prior to ordering by amending the delivery address on the relevant page. You will need to use a credit, debit or charge card to purchase from us. You will place your order by completing the requested details and clicking on the “Pay Now” button.
- 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. This might be because of unexpected limits on our resources which we could not reasonably plan for, because we do not consider that you are suitable for the services you have ordered, because we have identified an error in the price or description of the services or because we are unable to meet a delivery deadline you have specified.
3.3 Consent forms required by us. On confirmation of your purchase (unless you
have bought a gift test) you will be directed to a confidential questionnaire and consent form on our website which you must complete in order to receive a test kit. You may complete this at the time of order or later by logging into your account. Once you have completed the questionnaire and consent form and submitted it to us via our website, we will then send you the test kit. If you do not agree to the consent form, you may notify us of that in writing within 28 days from when you pay and you will not be charged any fees other than a handling fee of £150. The balance of the money will be refunded within 28 days of receiving your notification. If you do not complete the online questionnaire and consent form within 28 days of our acceptance of your order and you have not notified us in writing that you do not agree to the consent form then our contract for the supply of the genetic tests will come to an end and you will not be entitled to a refund. Please note that this does not affect any rights of cancellation that you have as set out in paragraph 10 below.
3.4 Once you have completed the confidential questionnaire and consent form on our website, we will send you a test kit together with a consent form and other documentation. This will not include the medical information that you have provided. We require you to sign the consent form relating to use of your personal information and certain other matters before we are able to perform the genomic tests. If want us to start performing the genomic tests prior to any cancellation period has expired, you will need to ask us to do this. Otherwise we will not carry out the genomic tests until the cancellation period has expired. Provided you have not used the tests in the testing kit that we send you and that the seal is unbroken and provided you return the testing kit with the unused tests to us and we receive them back within 28 days after you receive the testing kit you may cancel the contract with us for the test. In that case you will not be charged any fees other than a handling fee of £150. The balance of what you have paid for the test will be refunded within 28 days of receipt of the unused and sealed test kit by us. If you have used the tests or we do not receive the testing kit to us within this time limit then we no refund will be made. We recommend you send us back the testing kits by special delivery post so there is evidence of us receiving the tests. Please note that this does not affect any rights of cancellation that you have as set out in paragraph 10 below.
3.5 Consent forms and Terms and Conditions required by the testing laboratories.
The laboratories we use to perform the genetic tests may require you to agree to their terms and conditions and consent processes. This will mean that you need to agree to them and sign them before we are able to perform the genomic tests. Forms setting these out this will be contained in the testing kit that we send you and you will need to read and sign these and return them to us. YOU SHOULD READ THOSE TERMS AND CONDITIONS PRIOR TO USING THE TESTING KIT CONTAINED IN THE BOX WE SEND YOU. Provided you have not used the tests in the testing kit that we send you and that the seal is unbroken and provided you return the testing kit with the unused tests to us and we receive them back within 28 days after you receive the testing kit you may cancel the contract with us for the test. In that case you will not be charged any fees other than a handling fee of £150. The balance of what you have paid for the test will be refunded within 28 days of receipt of the unused and sealed test kit by us. If you have used the tests or we do not receive the testing kit to us within this time limit then we no refund will be made. We recommend you send us back the testing kits by special delivery post so there is evidence of us receiving the tests. Please note that this does not affect any rights of cancellation that you have as set out in paragraph 10 below.
3.6 Gifts. If you bought a gift, we will send you a link to forward to the person you have bought the gift for. That person will need to register their own account, agree to these terms and conditions and complete the medical questionnaire and consent form. In this case, the recipient of the gift will need to comply with obligations in paragraphs 3.5 to 3.7 in place of you but in paragraphs 3.5 and 3.7 the reference to 28 days shall be changed to 56 days. Please note if they wish to cancel they will need to contact you for you to arrange this. No refund will be made to the recipient of the gift. If you have received a gift, when you register on our site, you agree to these terms and conditions as if you were the purchaser of the services and references to “you” shall include a reference to both the purchaser of the services and the recipient of the gift (other than any obligation to pay for the services which shall not apply to the recipient of the gift). Gifts are not transferable.
3.7 Packaging may vary. The packaging of the testing kits may vary from that
shown in images on our website.
- GENETIC TESTING LIMITATIONS AND RISKS
4.1 You should understand that:
(a) understanding the results of your genomic tests may need additional services/referrals by you such as to your medical practitioners
(b) your ethnic origin may lead to differences in interpretation of your test
(c) the results are only one part of a variety of factors that are important – other factors are relevant e.g. hereditary issues, environment risk, diet etc.
4.2 Suitability: While we will take reasonable steps to consider if the information
you provide us makes you unsuitable for a type of test you order, it is your final
responsibility to ensure that the test that you order is suitable for your purposes.
4.3 We do not provide medical advice. WE PROVIDE INFORMATION ON YOUR GENETIC TEST RESULTS AND GUIDANCE ON THEIR INTERPRETATION BUT WE ARE NOT QUALIFIED MEDICAL PRACTITIONERS. AS PART OF OUR TELEPHONE OR ONLINE CONSULATIONS WE MAY GIVE FURTHER INFORMATION ON THIS BUT THIS WILL NOT BE MEDICAL ADVICE. GENETIC TEST RESULTS ARE ONLY PART OF ANALYSING YOUR HEALTH. THE RESULTS OF THE SERVICES ARE NOT NECESSARILY CONCLUSIVE AND YOU SHOULD SEEK THE ADVICE OF YOUR DOCTOR OR OTHER SUITABLE HEALTHCARE PROFESSIONALS REGARDING ANY TREATMENT OR ACTIONS REGARDING YOUR HEALTH. YOU SHOULD NOT CHANGE ANY MEDICATION OR TREATMENT OR DELAY OR ACCELERATE IT OTHER THAN ON THE ADVICE OF YOUR OWN DOCTORS. DETAILED INTERPRETATION OF ANY RESULTS REQUIRES EXPERT MEDICAL ADVICE WHICH YOU SHOULD SEEK IF YOU REQUIRE FROM YOUR DOCTOR. IN A MEDICAL EMERGENCY ALWAYS SEEK IMMEDIATE MEDICAL ADVICE
- YOUR RESPONSIBILITIES
5.1 You must follow the instructions contained in the testing kit to take your DNA sample and provide all signed forms included in the testing kit properly completed and legible.
5.2 You must return the testing kit to us containing the DNA samples and the signed documentation in the packaging we provide for us to undertake the test. If we do not receive this within 28 days of delivering the testing kit to you, then our obligations to carry out any further services will cease and we will not make any refund to you.
5.3 The tissue/saliva sample that you return to us must be your tissue/saliva and not anyone else’s and all other information that you supply to us must be correct and accurate. We do not take any steps to verify the identity of the person supplying the samples.
5.5 If you register on our website, you must not disclose your password or allow anyone else to access your account. If you become aware of that someone may have access to your account or password you must let us know immediately.
5.6 You must ensure that you are entitled to give us any information that you provide to us.
5.7 You should be careful about how you store your test results, where they are stored and to whom you give access to them. No security methods are fool proof and guarantees about the security of data cannot be given. Emails and other information transmitted over the internet can be intercepted.
- CONSULTATION SERVICES
6.1 We will seek to arrange a mutually convenient time for a telephone or online consultation with you to discuss your results. This is a maximum 30 minute consultation and is included in the cost of your test and forms part of the services.
6.2 If in spite of our attempts to arrange a mutually convenient time with you, either this cannot be arranged within 6 weeks of your test results being available or if we arrange a time for you but you are not available at the appointed time, then we will not be required to provide a consultation and no refund of any payment made will be made.
6.3 All consultations are of a general nature and must not be considered as medical advice. These consultations are solely to assist you in interpreting your genetic test results.
6.4 If you do not understand any part of the telephone or online consultation services, you must ask for clarification at the time.
6.5 Calls and online consultations may be recorded.
6.6 All test results and telephone or online consultations are provided in English.
- YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the services 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 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.
- OUR RIGHTS TO MAKE CHANGES
8.1 Minor changes to the services. We may change the services:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements.
- PROVIDING THE TESTING KIT, TEST RESULTS AND THE OTHER SERVICES
9.1 Supplying the testing kit: We will send this to you as set out in these terms. The testing kit will contain a pre-paid envelope for you to return the samples to us once you have taken the samples. If you do not receive the testing kit, please contact us. If you make an error in taking the sample, please contact us and we will provide a further testing kit at an additional charge of £25. However, you must return the old testing kit to us at your own cost and we must receive it before we will send out a replacement testing kit.
9.2 If you haven’t followed the instructions correctly, insufficient DNA may be obtained. In that case you will need to resample with a new testing kit. You will need to pay us £50 for the new testing kit.
9.3 Test results and consultations will only be provided to and held with you and not anyone else unless you have purchased the test as a gift in which case they will only be provided to the recipient of the gift who has created an account with us.
9.4 We will contact you when your test results are available and arrange with you how they will be communicated to you. In some cases, the testing laboratory may send you your results directly. Once we have communicated to you that your results are available, you can elect to have the online or telephone consultation. IT IS YOUR RESPONSIBILITY ONCE YOU ARE INFORMED THAT YOUR RESULTS ARE AVAILABLE TO ARRANGE WITH US HOW YOU WISH YOUR RESULTS TO BE COMMUNICATED TO YOU. IF YOU HAVE NOT HEARD FROM US WITHIN 28 DAYS FROM RETURNING THE TEST KIT TO US WITH YOUR DNA SAMPLE, IT IS YOUR RESPONSIBILITY TO CONTACT US TO ENQUIRE AS TO YOUR TEST STATUS
9.5 It will be your responsibility to communicate with any of your healthcare professionals. We will not be required to send any results to anyone else.
9.6 Delivery costs. The costs of delivery of the testing kits are included in the price.
9.7 When we will provide the services. We will provide the testing kit after you have completed the online medical questionnaire and consent form. We will begin the services on the date we accept your order. The estimated completion date for the services will be 6 weeks from when we receive the DNA samples from you with the required consent forms duly signed and completed).
9.8 We are not responsible for delays outside our control. If our supply of the
services 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 services you have paid for but not received. This may be for example if there is a difficulty with the laboratory to whom we submit the test or any postal or courier services.
9.9 Your legal rights if we deliver testing kits late. We do not guarantee any particular delivery date but testing kits will be delivered within 28 days after you have completed the medical questionnaire and the consent form duly completed. We will deliver the test kit to the address you have provided to us when you order unless you have ordered a gift in which case it will be delivered to the address that the recipient of the gift provides to us. You have legal rights if miss the delivery deadline for any testing kits any you may treat the contract as at an end straight away if any of the following apply:
(a) we have refused to deliver the goods;
(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
(c) you told us before we accepted your order that delivery within the delivery deadline was essential.
9.10 Setting a new deadline for delivery. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 9.9, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
9.11 Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under clause 9.9 or clause 9.10, you can cancel your order. After that we will refund any sums you have paid to us for the cancelled services and their delivery. If the testing kits have been delivered to you, you must post them back to us. We will pay the costs of postage. Please call customer services on our website or email us at firstname.lastname@example.org for a return label.
9.12 When you become responsible for the testing kit. Testing kits will be your responsibility from the time we deliver the testing kit to the address you gave us.
9.13 You will not own the testing kits. They will remain our property at all times.
9.14 What will happen if you do not give required information to us. We need certain information from you so that we can supply the services to you, for example, the samples and consent forms. 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 12.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result as well as keeping the price you have paid. We will not be responsible for supplying the services 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.
9.15 Reasons we may end or suspend the supply of services to you. We may have to end the supply of a service if for legal or regulatory reasons we are unable to provide the services to you.
9.16 Your rights if we suspend the supply of services. We will contact you in advance to tell you we will be suspending supply of the services, unless the problem is urgent or an emergency. You may contact us to end the contract for services if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 1 month and we will refund a fair proportion of any sums you have paid in advance for the services that you have not received.
- YOUR RIGHTS TO END THE CONTRACT
10.1 Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) If the service you have bought is faulty or misdescribed you may have a legal right to end the contract (or have a service re-performed or to get some or all of your money back), see clause 13;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 10.2;
(c) If you have just changed your mind about the services, see clause
10.3. You may be able to get a refund if you are within the cooling-off period, but once we and you enter into a binding contract you will normally not be able to cancel the contract, except where we agree or as otherwise provided for in this contract or by law. This may be subject to costs and payments from you and you will have to pay the costs of return of any testing kits;
10.2 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 (d) below the contract will end immediately and we will refund you in full for any services which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an error in the price or description of the services you have ordered and you do not wish to proceed;
(b) there is a risk that supply of the services may be significantly delayed because of events outside our control;
(c) we have suspended supply of the services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 1 month; or
(d) you have a legal right to end the contract because of something we have done wrong (including because we have delivered the testing kit late (see clause 9.9).
10.3 The Right to Cancel – Exercising your right to change your mind (Consumer Contracts Regulations 2013). 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 in clauses 10.4 to 10.6 below.
10.4 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) services sealed for health protection or hygiene purposes, once these have been unsealed after you receive them. This includes the testing kits we send you.
10.5 How long do I have to change my mind under the right to cancel? You have 14 days after the day we email you to confirm we accept your order. However, you may request us to start providing services before the expiry of the 14 day period by ticking the box on the order page or asking us in some other way. Once we have completed the services you cannot change your mind, even if the cancellation period is still running. If you cancel after you have asked us to start the services within the 14 day cancellation period, you must pay us reasonable amounts for the supply of the service up to the point of cancellation. In some cases, this could include costs we are committed to pay to laboratories if they have started the genetic testing and the costs of sending your sample to them.
10.6 Ending the contract where we are not at fault and there is no right to cancel. In this case we will need to agree this with you in writing.
- HOW TO TELL US YOU WANT TO CANCEL THE CONTRACT FOR THE SERVICES IF YOU ARE ENTITLED TO UNDER THE RIGHT TO CANCEL
11.1 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 the number on our website or email us at email@example.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
(b) Online. Complete the form on our website.
(c) By post. Print off the form and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
11.2 Returning testing kits after ending the contract. If you end the contract for any reason after testing kits have been dispatched to you or you have received them, you must return them to us. You must post them back to us at the address on our website by special delivery. Please call customer services at the number on our website or email us at firstname.lastname@example.org a return label. If you are exercising your right to change your mind under the cancellation right you must send us the testing kits (if they have been received by you) within 14 days of telling us you wish to end the contract. The seal of any testing kits must be intact otherwise you will lose the right to cancel or end the contract. We recommend you obtain Proof of Posting or send then by special delivery.
11.3 When we will pay the costs of return. We will pay the costs of return if you are ending the contract because we have told you of an upcoming change to the services 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 under the right to cancel) you must pay the costs of return.
11.4 How we will refund you. We will refund you the price you paid for the services by the method you used for payment. However, we may make deductions from the price to reflect any reduction in the value of the testing kit, if this has been caused by your handling them in a way which would not be permitted in a shop or if the testing kit is unsealed. If we refund you the price paid before we are able to inspect the testing kit and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
11.5 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 (the cancellation right) then if you are entitled to a refund, your refund will be made within 14 days from the day on which we receive the testing kit back from you or, if earlier, the day on which you provide us with evidence that you have sent the testing kit back to us. For information about how to return a testing kit to us, see clause 11.2. In all other cases, refunds will be made as set out in these terms and conditions.
- OUR RIGHTS TO END THE CONTRACT
12.1 We may end the contract if you break it. We may end the contract at any time by writing to you if:
(a) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services;
(b) you do not, within a reasonable time, allow us to deliver the testing kit to you;
(c) you provide any incorrect information to us or we reasonably believe that the sample you supply to us is not yours or has been obtained without consent; or
(d) if by continuing to perform the contract we reasonably believe us or third parties who provide services to us would be breaking any law or applicable code of practice in any jurisdiction
12.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 12.1 we will refund any money you have paid in advance for services we have not provided but we may deduct or charge you reasonable compensation for the costs we will incur as a result of your breaking the contract.
12.3 We may withdraw the services. We may write to you to let you know that we are going to stop providing the services. We will refund any sums you have paid in advance for services which will not be provided.
- IF THERE IS A PROBLEM
13.1 How to tell us about problems. If you have any questions or complaints about our services, please contact us. You can telephone our customer service team at the number on our website or write to us at email@example.com or by post to the address on our website. The European Union operates a consumer online dispute resolution platform that can be accessed here: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLa nguage
13.2 Summary of your legal rights. We are under a legal duty to supply services that are in conformity with this contract. Nothing in these terms will affect your legal rights. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
- PRICE AND PAYMENT
14.1 Where to find the price for the services. The price of the services (our services are not subject to VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the services advised to you is correct. However please see clause 14.3 for what happens if we discover an error in the price of the services you order.
14.2 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 services, we will adjust the rate of VAT that you pay, unless you have already paid for the services in full before the change in the rate of VAT takes effect.
14.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the services we sell may be incorrectly priced. If the 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 testing kits provided to you.
14.4 When you must pay and how you must pay. We accept payment with various credit and debit cards which will be explained to you during the order process.
- OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
15.1 We are not responsible to you for loss and damage that is not foreseeable. As we are not providing any medical advice we will not be responsible for any actions or failures to act that you may choose to do (or not to do) as a result of the services.
15.2 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 or for fraud or fraudulent misrepresentation.
15.3 We are not liable for business losses. We only supply the services for private use. If you use the services 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.
- HOW WE MAY USE YOUR PERSONAL INFORMATION
16.1 How we will use your personal information. We will use the personal information you provide to us:
(b) to supply the services to you;
(c) to process your payment for the services; and
(d) to give you information about similar services that we provide, but you may stop receiving this at any time by contacting us.
- INTELLECTUAL PROPERTY
17.1 We or our licensors own all of the intellectual property rights in the services. You have a limited licence to use these intellectual property rights in connection with the results of your own genomic tests for your private purposes and may not use them for any other purpose.
- OTHER IMPORTANT TERMS
18.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
18.2 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. We generally will not agree to this because the nature of genetic testing is highly personal and confidential to you.
18.3 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.
18.4 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.
18.5 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.
18.6 Which laws apply and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the services in either the Northern Irish or the English courts. No concluded contract will be filed.
- TERMS OF WEBSITE USE
19.1 The following sections of the terms tell you the rules for using our website
www.codeyougenetics.co.uk (our site).
19.3 If you do not agree to these terms, you must not use our site.
19.4 We recommend that you print a copy of these terms for future reference.
- THERE ARE OTHER TERMS THAT MAY APPLY TO YOU
20.1 These terms refer to the following additional terms, which also apply to your use of our site:
- WE MAY MAKE CHANGES
21.1 We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.
21.2 We may update and change our site from time to time.
21.3 We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for any reason.
21.5 Our site is directed to people residing in the United Kingdom. We do not represent that content available on or through our site is appropriate for use or available in other locations.
21.6 YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE
21.7 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
21.8 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms.
- HOW YOU MAY USE MATERIAL ON OUR SITE
22.1 We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and
treaties around the world. All such rights are reserved.
22.2 You may print off one copy, and may download extracts, of any page(s) from our site for your personal use.
22.3 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.
22.4 Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
22.5 You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
22.7 Other than by way of the limited license above, no part of our site may be reproduced or stored in any other site or included in any public or private electronic retrieval system or service without our prior written permission.
22.8 Any rights not expressly granted by us are reserved.
- DO NOT RELY ON INFORMATION ON THIS SITE
23.1 The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
23.2 Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
- WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO
24.1 Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be
interpreted as approval by us of those linked websites or information you may obtain
24.2 We have no control over the contents of those sites or resources.
- OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
25.1 Whether you are a consumer or a business user 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 and for fraud or fraudulent misrepresentation.
25.2 Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products and services to you, which are set out in earlier sections of these terms.
- IF YOU ARE A BUSINESS USER:
26.1 We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
26.2 We will not be liable to you for any loss or damage, whether in contract, tort
(including negligence), breach of statutory duty, or otherwise, even if foreseeable,
arising under or in connection with:
(a) use of, or inability to use, our site; or
(b) use of or reliance on any content displayed on our site.
26.3 In particular, we will not be liable for:
(a) loss of profits, sales, business, or revenue;
(b) business interruption;
(c) loss of anticipated savings;
(d) loss of business opportunity, goodwill or reputation; or
(e) any indirect or consequential loss or damage.
- IF YOU ARE A CONSUMER USER:
27.1 Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM
28.1 We do not guarantee that our site will be secure or free from bugs or viruses.
28.2 You are responsible for configuring your information technology, computer
programmes and platform to access our site. You should use your own virus
28.3 You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
- RULES ABOUT LINKING TO OUR SITE
29.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
29.2 You must not establish a link in such a way as to suggest any form of association,
approval or endorsement on our part where none exists.
29.3 You must not establish a link to our site from any website that is not owned by you.
29.4 Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
29.5 We reserve the right to withdraw linking permission without notice.
29.6 Hyperlinks to other websites are provided for interest only. We have no control over these sites so we make no representations about them or their content.