1 THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods or services.
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 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 ScreenMe a company registered in England and Wales. Our company registration number is 11794545 and our registered office is at Our registered address is at Unit 3 Hampstead Gate, 1A Frognal, London NW3 6AL. Our main trading address is Unit 3 Hampstead Gate, 1A Frognal, London NW3 6AL.
2.2 How to contact us. You can contact us by writing to us at [email protected] or our postal address of Unit 3 Hampstead Gate, 1A Frognal, London NW3 6AL.
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 Duration. The contract will continue for a period of 6 months (‘Initial Subscription Term’), after which date it will automatically renew for additional periods of 1 month (each a ‘renewal period’) unless you notify us of termination before the end of the Initial Subscription Term (or Renewal Period, as such may be).
3.3 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 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.
3.4 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.
3.5 We only sell to the UK. Our website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from addresses outside the UK.
4 OUR PRODUCTS
4.1 Product overview and specific terms. The product which you are ordering from Us is the following service:
4.1.1 delivery of a blood sample collection kit and stool sample collection kit which we procure from an external third party;
4.1.2 blood sample testing and stool sample testing which is carried out by a laboratory (we may utilise separate laboratories for each test and/or sample – as we see fit); and
4.1.3 preparation of a report containing non-diagnostic general healthcare and lifestyle advice relating to the type of blood testing and stool testing carried out by the laboratory produced by an external healthcare professionals taking into account the results of the testing performed by the laboratories.
4.1.4 Access to our user platforms including website and Apps to receive, track and record your results and reports.
4.1.5 Access to repeat tests and other products present on the health shop available on the user platforms including website and Apps.
4.1.6 Access to tailored and general nutrition and lifestyle content through the user platform including website and Apps.
4.1.7 Access to video consultations with our Nutritionist to discuss results and recommendations.
4.2 The blood and stool testing is carried out by separate laboratories which are engaged directly by us. We have carefully selected these laboratories, however we may, in our sole discretion, change the l aboratories which we engage with.
4.3 We make no representation, warranties or provide any guarantee that the advice and information which you receive from the healthcare professional would be the same advice and information which you would receive from another healthcare professional. There may be occasions where we are unable to provide advice and information and in such cases we shall advise you to seek direct medical attention. The information which we provide will be based on the results from the tests, and does include access to your full medical history or record and therefore will be general in nature and not medically tailored to you.
4.4 The report and information contained within the report are solely for your own information purposes. The report is not diagnostic in any manner, and you must not rely on the report to diagnose, treat any medical condition – either actual or suspected. To the extent which you take any actions or make any decisions based off the reports content (or choose not to take any action or not make any decision) – you do so solely at your own discretion and choice and we take no responsibility or liability for you own actions.
4.5 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
4.6 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
4.7 Product lifespan. You acknowledge that the blood sample collection kit and stool sample collection kit are subject to restrictions in respect of their ‘shelf life’ and you agree and acknowledge that that results which are derived from the tests are directly dependent on the quality of the stool sample and blood sample provided by you. You agree to follow all instructions provided to you diligently and carefully in the kits which we make available to you as part of the service and acknowledge that failure to do so may lead to incorrect or wrong results being derived, or an inability to complete the tests. The blood collection sample kits have very specific timescales which are applicable to them, and to the extent that you fail to follow these (for example where you do not send the sample back to us within the specified timescale) we may not be able to provide the services to you. In these circumstances, we will inform you that the sample provided is not suitable for testing. We will not be liable for your failure to f ollow the instructions given, and in these circumstances we will not be able to offer a refund to you, we will however discuss this with you and work out how best provide the blood testing service to you, which may involve a small additional fee.
5 YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the product 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 product, 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. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8- Your rights to end the contract).
6 OUR RIGHTS TO MAKE CHANGES
6.1 Minor changes to the products. We may change the product:
6.1.1 to reflect changes in relevant laws and regulatory requirements, for example if the regulatory landscape changes and we require a different type of sample, or different quantities of each sample you might provide; and
6.1.2 to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product.
7 PROVIDING THE PRODUCTS
7.1 Delivery costs. The costs of delivery will be as displayed to you on our website.
7.2 When we will provide the products. During the order process we will let you know when we will provide the products to you. We will supply the services, to you until the services are completed or you end the contract as described in clause 8 or we end the contract by written notice to you as described in clause 10.
7.3 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.
7.4 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, our delivery partner will follow their typical procedure. We generally use Royal Mail and therefore there should not be anything out of the ordinary.
7.5 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, address and other personal details which we need to perform the services for you. If so, this will have been stated in the description of the products on our website. We will contact you to ask for this information. 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 10.2 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.
7.6 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
7.6.1 deal with technical problems or make minor technical changes;
7.6.2 update the product to reflect changes in relevant laws and regulatory requirements;
7.6.3 make changes to the product as requested by you or notified by us to you (see clause 6).
7.7 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. If we have to suspend the product we may adjust the price so that you do not pay for products while they are suspended. 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 4 weeks and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
7.8 We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 12.4) and you still do not make payment within 14 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see clause 12.6). We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see clause 12.5).
8 YOUR RIGHTS TO END THE CONTRACT
8.1 You can always end your contract with us. 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:
8.1.1 If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 11;
8.1.2 You can cancel your subscription at any time. You can notify us to terminate your subscription before the end of the Initial Subscription Term (or Renewal Period, as such may be). This will immediately deactivate your account and you will no longer have access to any of our services including signing into the user dashboard or App. You have the right to request your information, results and data prior to cancelling your subscription. ScreenMe will not be responsible for failing to retrieve any of your data if requested after you cancel your subscription.
8.1.3 If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
8.1.4 If you have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
8.1.5 In all other cases (if we are not at fault and there is no right to change your mind), see clause 8.7.
8.2 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 (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:
8.2.1 we have told you about an upcoming change to the product or these terms which you do not agree to ;
8.2.2 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;
8.2.3 there is a risk that supply of the products may be significantly delayed because of events outside our control;
8.2.4 you have a legal right to end the contract because of something we have done wrong.
8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products 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.
8.4 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:
8.4.1 services, once these have been completed, even if the cancellation period is still running; or
8.4.2 products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them – which for clarity include our test kits.
8.5 How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered. For our test kits and services, you have 14 days after the day we email you to confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
8.6 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 8.1), you can still end the contract before it is completed. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end the contract in these circumstances, just contact us to let us know. The contract will not end until 1 calendar month after the day on which you contact us. We will refund any advance payment you have made for products which will not be provided to you. For example, if you tell us you want to end the contract on 4 February we will continue to supply the product until 3 March. We will only charge you for supplying the product up to 3 March and will refund any sums you have paid in advance for the supply of the product after 3 March.
9 HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
9.1.1 Phone or email. Email us at [email protected], or phone us on +44 (0) 207 842 1000. Please provide your name, home address, details of the order and, where available, your phone number and email address.
9.1.2 Online. Complete the online contact form on our website.
9.1.3 By post. Simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
9.2 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 kits in person to where you bought them, post them back to us at Unit 3 Hampstead Gate, 1A Frognal, London NW3 6AL
9.3 When we will pay the costs of return. We will pay the costs of return:
9.3.1 if the products are faulty or misdescribed;
9.3.2 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.
9.4 How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
9.5 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind. Where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
9.6 When your refund will be made. We will make any refunds due to you as soon as possible.
10 OUR RIGHTS TO END THE CONTRACT
10.1 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:
10.1.1 you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
10.1.2 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;
10.1.3 you do not, within a reasonable time, allow us to deliver the products to you or collect them from us;
10.1.4 you do not, within a reasonable time, allow us access to your premises to supply the services.
10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 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.
10.3 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 2 months 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.
11 IF THERE IS A PROBLEM WITH THE PRODUCT
11.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us by writing to us at [email protected] or our postal address of Unit 3 Hampstead Gate, 1A Frognal, London NW3 6AL
11.2 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 services, for example the provision of Microbiome testing, 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.
See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).
11.3 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, post them back to us. We will pay the costs of postage or collection. Please contact us by writing to us at [email protected] or our postal address of Unit 3 Hampstead Gate, 1A Frognal, London NW3 6AL.
12 PRICE AND PAYMENT
12.1 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. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the product you order.
12.2 Subscription and Renewal. Once you have registered for a user account your complimentary 6 months subscription (Initial Subscription Term) will begin after which date it will be automatically renewed for additional periods of 1 month (each ‘Renewal Period) at the price indicated upon account creation. We will be entitled to increase the charges for the subscription at the start of each Renewal Period, upon 15 days prior notice to you.
12.3 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.
12.4 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
12.5 When you must pay and how you must pay. We accept payment with most major cards through our payment partner.
13 OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
13.1 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.
13.2 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 11.2
13.3 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.
14 HOW WE MAY USE YOUR PERSONAL INFORMATION
15 USER REGISTRATION AND ACCOUNT CREATION
15.1 You sign up to our subscription. By registering as a user and creating an account on our website or Apps you accept our terms and conditions and sign up for our subscription.
15.2 How you register. To register you must be over 18 years of age and complete the registration form for an account on either our website or App including creating a username and password.
15.3 Your personal information. You agree to provide us with true, accurate, current and complete registration information about yourself as prompted by our service and ensure the information is kept true, accurate, current and complete by regular updating. Contact details must be kept upto date so we can contact you if necessary.
15.4 Security obligation. You are responsible for maintaining the confidentiality of the account password and any activity that occurs on the account. If you allow a third party to access our services through your username and password you will reimburse ScreenMe and its affiliates against any liability, cost or damage including attorney fees arising out of a claim or suit by such third parties relating to such access and use of our services. You agree to immediately notify us of any unauthorised use of your password or account or any breach of security.
15.5 Your failure to comply. We will not be liable for any loss or damage arising from your failure to comply with this section
16 OTHER IMPORTANT TERMS
16.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
16.2 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.
16.3 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.
16.4 Even if we delay in enforcing this contract, we can still enforce it later. If we do not nsist 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 products, we can still require you to make the payment at a later date.
16.5 Advice Acknowledgement. You acknowledge and agree that the services which we provide to you, including the report, are not a substitute or replacement for actual medical diagnosis or consultation with a registered doctor, and that the information and advice contained in the report does not constitute medical advice and/or recommendations for medical treatment regarding any aspect of your health, medicine intake, nutrition or lifestyle.
16.6 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.