Terms and Conditions - COVID-19

COVID-19 SERVICES – TERMS AND CONDITIONS

1. THESE TERMS

   1. What these terms cover. These are the terms and conditions on which we supply the following “COVID-19 Services”:
      1. our saliva/NPS collection kit (you must send your sample back to us within 24 hours of it being placed in the collection tube because we have to extract and store your RNA within no more than one week of such happening);
      2. extracting and storing your RNA;
      3. processing of your sample;
      4. providing you with the results; and
      5. access to our interactive digital platform that enables you to access your result.
   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 COVID-19 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.

2. YOUR USE OF OUR COVID-19 SERVICES

   1. You must be at least 18 years old to use our COVID-19 Services. To protect your privacy when you share your saliva/NPS with us, each adult who submits a saliva sample for a saliva/NPS test must create their own account. In addition, such person will be required to explicitly consent to the processing of sensitive personal data when they activate their saliva/NPS collection kit. A parent or legal guardian may activate a saliva/NPS collection kit, provide personal data about children, and send us the saliva sample of a child for processing using an account for that child that is directly managed by the parent or legal guardian. By activating a saliva/NPS collection kit for, or submitting any personal data about, a minor you represent that you are the minor's parent or legal guardian. You also agree that you have discussed the COVID-19 Services with the minor and the minor has agreed to the collection and processing of their saliva.
   2. By using our COVID-19 Services, you agree to the following conditions:
      1. send us the saliva sample within 24 hours of it being placed in the collection tube;
      2. the saliva sample you provide is either your own or the saliva of a person for whom you are a parent or legal guardian;
      3. you will not resell any part of the COVID-19 Services or reproduce or publish any content or information found on the COVID-19 Services.
      4. you will not send us a sample if such would violate any export ban or other restriction in the country in which you reside or from which you are sending the sample;
      5. you will not use any of the information obtained from the COVID-19 Services with any other database, for any medical, diagnostic or paternity testing purpose or for any discriminatory purpose or illegal activity - you should always follow the medical advice given by your doctor; and
      6. you are responsible for all usage and activity on the COVID-19 Services made via your account and you will contact us immediately if you suspect your account has been used without your permission.
   3. The COVID-19 Services contain documents, records, information, data and other content that are owned by or are licensed to us (Chronomics IP). All Chronomics IP is owned by or licensed to us and may be used only in accordance with this contract. Use of the Chronomics IP is only permitted to the extent necessary for your personal use of the COVID-19 Services.

3. INFORMATION ABOUT US AND HOW TO CONTACT US

   1. Who we are. We are Chronomics Ltd a company registered in England and Wales. Our company registration number is 11120038 and our registered office is at 1 St James Court, Norwich, Norfolk NR3 1RU.
   2. How to contact us. You can contact us by emailing support@chronomics.com.
   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.
   4. "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

4. OUR CONTRACT WITH YOU

   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.
   2. If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you. This might be because our saliva/NPS collection kit is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, or because we have identified an error in the price of our saliva/NPS collection kit.
   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. PROVIDING OUR COVID-19 SERVICES

   1. Saliva/NPS collection kits may vary slightly from their pictures. The images of our saliva/NPS collection kits on our website (if any) are for illustrative purposes only. Your saliva/NPS collection kit may vary slightly from those images.
   2. Changes to our COVID-19 Services. We may change our COVID-19 Services to reflect changes in relevant laws and regulatory requirements and/or to implement technical adjustments and improvements. These changes will not affect your use of our COVID-19 Services.
   3. Delivery costs. The costs of delivery will be as displayed to you on our website.
   4. When we will provide the COVID-19 Services. During the order process we will let you know when we will provide the COVID-19 Services to you including when you can expect to receive our saliva/NPS collection kit and when the results will be made available to you.
   5. We are not responsible for delays outside our control. If our supply of the COVID-19 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 of more than 12 months you may contact us to end the contract and receive a refund for any COVID-19 Services you have paid for but not received.
   6. If you are not at home when the saliva/NPS collection kit is delivered. If no one is available at your address to take delivery and the saliva/NPS collection kit cannot be posted through your letterbox, we will leave you a note informing you of how to collect the saliva/NPS collection kit from a local collection depot.
   7. If you do not re-arrange delivery. If after a failed delivery to you, you do not collect the saliva/NPS collection kit from a local collection depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract.
   8. When you become responsible for the saliva/NPS collection kit. The saliva/NPS collection kit will be your responsibility from the time we deliver it to the address you gave us.
   9. Reasons we may suspend the supply of COVID-19 Services to you. We may have to suspend the supply of our COVID-19 Services to:
      1. deal with technical problems or make minor technical changes;
      2. update our COVID-19 Services to reflect changes in relevant laws and regulatory requirements;
      3. make changes to the COVID-19 Services notified by us to you (see clause 6.2).
   10. Your rights if we suspend the supply of the COVID-19 Services. We will contact you in advance to tell you we will be suspending supply of the COVID-19 Services unless the problem is urgent or an emergency. If we have to suspend the COVID-19 Services for longer than 12 months we will adjust the price so that you do not pay for the COVID-19 Services while they are suspended. You may contact us to end the contract for the COVID-19 Services if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 12 months and we will refund any sums you have paid in advance for the COVID-19 Services in respect of the period after you end the contract.

6. YOUR RIGHTS TO END THE CONTRACT

   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:
      1. If the saliva/NPS collection kit is faulty or misdescribed, you may have a legal right to end the contract (see clause 7.2), or to get the saliva/NPS collection kit replaced (see clause 8.3), or to get some or all of your money back, (see clause 4.2 for our contact details);
      2. If you want to end the contract because of something we have done or have told you we are going to do (see clause 7.2);
      3. If you have just changed your mind about the COVID-19 Services, see clause 7.3 (but subject to clauses 7.4 and 7.5). 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 returning the saliva/NPS collection kit;
      4. In all other cases (if we are not at fault and there is no right to change your mind), see clause 7.6.
   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 (c) below the contract will end immediately and we will refund you in full for any COVID-19 Services which have not been incurred (please note that if we have started the processes set out in clause 1.1(b), 1(c) or 1.1(d), which are the most expensive steps in the process, you will be charged for all our services up to and including that point which will mean that you get a very small refund). The reasons are:
      1. we have told you about an error in the price or description of the COVID-19 Services you have ordered, and you do not wish to proceed;
      2. there is a risk that supply of the COVID-19 Services may be significantly delayed because of events outside our control (see clause 6.5); or
      3. we have suspended supply of the COVID-19 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 12 months (see clause 6.10).
   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.
   4. When you don't have the right to change your mind. You do not have a right to change your mind if the saliva/NPS collection kit (which is sealed for health protection or hygiene purposes) has been unsealed after you receive it.
   5. How long do I have to change my mind? You have 14 days after the day we email you to confirm we accept your order. However:
      1. once we have completed the COVID-19 Services (which would include making your results available to you to assess via our interactive platform) you cannot change your mind, even if the period is still running;
      2. if you cancel after we have delivered the saliva/NPS collection kit to you, you must return it to us to receive a refund; or
      3. if you cancel after we have started to process your saliva/NPS sample (see clause 1(b)), you must pay us for the COVID-19 Services provided up until the time you tell us that you have changed your mind; or
      4. if you cancel after we have started to process your saliva/NPS sample (see clause 1(c)), you must pay us for the COVID-19 Services provided up until the time you tell us that you have changed your mind; or
      5. if you cancel after we have started to analyse your saliva/NPS sample (see clause 1(d)), you must pay us for the COVID-19 Services provided up until the time you tell us that you have changed your mind.
      6. Please note that if we have started the processes set out in clause 1.1(b), 1.1(c) or 1.1(d), which are the most expensive steps in the process, you will be charged for all our services up to and including that point which will mean that you get a very small refund.
   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 clauses 7.3 and 7.4), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for services is completed when we have finished providing the COVID-19 Services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for COVID-19 Services not incurred but we may deduct reasonable compensation for the net costs we will incur because of your ending the contract. If you are on a periodic payment plan and have not yet paid for costs incurred, we will deduct these costs from your outstanding balance and allow you to pay the remainder in a single instalment or to put a cancellation on your account at the relevant time to cover costs incurred (see clause 10.5).

7. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)

   1. Tell us you want to end the contract. To end the contract with us, please let us know by email at support@chronomics.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
   2. Returning the saliva/NPS collection kit after ending the contract. If you end the contract for any reason after the saliva/NPS collection kit has been dispatched to you or you have received them, you must return them to us. Please call customer services by email us at support@chronomics.com to arrange the details of the return. If you are exercising your right to change your mind you must send off the saliva/NPS collection kit within 14 days of telling us you wish to end the contract.
   3. When we will pay the costs of return. We will pay the costs of return:
      1. if the saliva/NPS collection kit is faulty or misdescribed; or
      2. if you are ending the contract because we have told you of an upcoming change to the COVID-19 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 because of something we have done wrong.
   4. In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
   5. How we will refund you. We will refund you the price you paid for the COVID-19 Services by the method you used for payment. However, we may make deductions from the price, as described below.
   6. Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
      1. We may reduce your refund of the price to reflect any reduction in the value of the COVID-19 Services if this has been caused by your handling the saliva/NPS collection kit in a way which is not permitted by the requirements specified in our saliva/NPS collection kit. If we refund you the price paid before we can inspect the saliva/NPS collection kit and later discover you have handled it in an unacceptable way, you must pay us an appropriate amount.
      2. The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.
      3. We may deduct from any refund an amount for the supply of the COVID-19 Services 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.
   7. 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:
      1. If the saliva/NPS collection kit has been dispatched to you, your refund will be made within 14 days from the day on which we receive the saliva/NPS collection kit back from you or, if earlier, the day on which you provide us with evidence that you have sent the saliva/NPS collection kit back to us. For information about how to return a saliva/NPS collection kit to us, see clause 8.2.
      2. In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.

8. OUR RIGHTS TO END THE CONTRACT

   1. We may end the contract if you break it. We may end the contract for the COVID-19 Services at any time by writing to you if:
      1. you do not make any payment to us when it is due;
      2. the saliva/NPS sample is not provided according to the requirements specified in our saliva/NPS collection kit and we cannot process it to analyse your epigenetic information; or
      3. you do not, within a reasonable time, collect the saliva/NPS collection kit from a local collection depot (see clause 6.7).
   2. You must compensate us if you break the contract. If we end the contract in the situations set out in clause 9.1 we will refund any money you have paid in advance for the COVID-19 Services we have not incurred but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

9. PRICE AND PAYMENT

   1. Where to find the price for the COVID-19 Services. The price (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 advised to you is correct. However please see clause 10.3 for what happens if we discover an error in the price.
   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 deliver the saliva/NPS collection kit, we will adjust the rate of VAT that you pay, unless you have already paid for the COVID-19 Services in full before the change in the rate of VAT takes effect.
   3. What happens if we got the price wrong. It is always possible that, despite our best efforts, we may sell our COVID-19 Services incorrectly priced. We will normally check prices before accepting your order so that, where the COVID-19 Service’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 COVID-19 Service’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of the saliva/NPS collection kit provided to you.
   4. When you must pay and how you must pay. You must pay for the COVID-19 Services before we dispatch the saliva/NPS collection kit to you. Your credit or debit card will be charged at the time of order.
   5. How terms differ for users on periodic payment plans. If you are on a monthly (or other periodic payment plan) your minimum contract term will be one year. If you choose to terminate our service before the one year term ends, we will add together all outstanding monthly (or other periodic) charges for the remainder of your term and allow you to pay them in one instalment to cover costs incurred, or to schedule a cancellation on your account once your periodic payments have covered costs incurred.

10. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

    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.
    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 COVID-19 Services (including the right to receive COVID-19 Services which are: as described and match information we provided to you; of satisfactory quality; fit for any particular purpose made known to us; and supplied with reasonable skill and care) and for defective saliva/NPS collection kits under the Consumer Protection Act 1987.
    3. We are not liable for business losses. We only supply the COVID-19 Services for domestic and private use. If you use the COVID-19 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.

11. HOW WE MAY USE YOUR PERSONAL DATA

    1. We will only use your personal data as set out in our Privacy Policy.

12. OTHER IMPORTANT TERMS

    1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
    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.
    3. Nobody else has any rights under this. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
    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.
    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.
    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 COVID-19 Services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the COVID-19 Services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the COVID-19 Services in either the Northern Irish or the English courts.