YourBio Health Terms and Conditions – UK
Date of Last Revision: 15 August 2021
1. Application of These Terms and Conditions
1.1 YourBio Health, Inc. is a Delaware corporation having a place of business at 200 Boston Avenue, Suite 3700, Medford, MA 02155 (“YourBio Health”, “we”, “us”, “our”).
1.2 These terms and conditions (“Terms and Conditions”) apply to the ordering, purchase, registration and use of Products and Services (each as defined below) that YourBio Health makes available for sale via its website (www.yourbiohealth.com) (“Site”) from time to time. If you are based in the United Kingdom (“UK”) these Terms and Conditions apply to you. If you are purchasing any Products or Services for your own use, these Terms and Conditions apply
both to your purchase of, and to your use of, such Products and Services. If you are purchasing any Products or Services that will be used by someone else, these Terms and Conditions apply to your purchase of such Products and Services, and will also
apply to any other person who uses the Products and Services you have purchased. If someone else has purchased any Products and Services which you have registered or used or are intending to register or use, these Terms and Conditions apply to your
registration and use of such Products and Services.
1.3 We reserve the right, at our sole discretion, to change or amend these Terms and Conditions at any time. Your purchase of any Products or Services after the date any such changes become effective constitutes your acceptance of the new Terms and Conditions,
however these changes will not apply to any order placed before such changes become effective.
1.4 These Terms and Conditions are the only terms and conditions upon which we are prepared to deal with you. Any other terms that you may seek to impose or incorporate, or which are implied by law, trade, custom, practice or course of dealing are excluded
to the extent permitted by law.
2. Our Products and Services
2.1 “Products” means the devices and products available to order via our Site from time to time, as further described on our Site, including the kit such Products are delivered in or provided with.
2.2 “Services” means providing our Products to you, procuring the testing of any blood or other tissue samples you provide in connection with our Products or Services (“Samples”) by our Laboratory Providers, delivering the results of
any tests of your Samples received from our Laboratory Providers to you, and the performance of any other services agreed with you in writing, in each case in accordance with these Terms and Conditions.
2.3 We will use commercially reasonable efforts to ensure that all details and descriptions of Products and Services appearing on our Site are correct. However, the information appearing on our Site at any particular time may not always reflect the position
exactly at the moment you place an order.
2.4 We reserve the right to amend the description or specification of any Product or Service if required by any applicable statutory or regulatory requirement. We may also amend such descriptions or specifications if we consider it to be necessary or
desirable (including any improvements or modifications we may make to the design or technical performance of our Products or Services).
2.5 Some Products and Services may be subject to additional terms and conditions, which will be made available to you at the time we confirm your order for the relevant Products or Services. Any such additional terms and conditions will be deemed to form
part of these Terms and Conditions.
2.6 The results of any tests or analysis undertaken by our Laboratory Providers in connection with your Products or Samples or otherwise as part of the Services will be made available to you by email (using the email address you gave when you registered
your Products or kit) or via the portal available on the Site at www.yourbiohealth.com/Dashboard/db/Lab-Results/ (“Portal”). We may also contact you via email or telephone to discuss your Sample or the results
of any tests or analysis in connection with your Sample (using the email address and / or telephone number you gave when you registered your Products or kit).
2.7 We use third party service providers to test and analyse your Samples (“Laboratory Providers”).
2.8 We do not provide medical advice or clinical or diagnostic services and our Products and Services are not a substitute for medical advice. You should always seek advice from a qualified doctor or other healthcare professional before acting. You should not rely solely on information and advice available through the Site, Products or Services, including the results of any tests or analysis undertaken in connection with your Sample, and should discuss your health concerns and the results of the Services and your Samples directly with your doctor or other healthcare provider.
2.9 Our Products and Services should not be used to diagnose a current SARS-CoV-2 infection, or to provide any information about the status of an infection. Conclusions about protective immunity to future infection cannot be made on the basis of the results provided by our Products and Services. If an acute infection or recent exposure is suspected, direct testing with a molecular or antigen based SARS-CoV-2 test is necessary.
2.10 Our Products and Services are intended for your personal use only, and unless otherwise expressly agreed with us in writing, you may not use any Products or Services for commercial use or sell, resell or otherwise exploit any Products or Services.
3.1 You are required to register with YourBio Health in order to purchase, or access and use certain features of, our Products, Site and Services, including the Portal, and you may be asked to provide certain information as part of the registration process
3.2 You must maintain the confidentiality of your password and account for our Site and Services (including the Portal) and are fully responsible for any and all activities that occur under your password or account. You agree to immediately notify us
of any unauthorised use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session when accessing the Site (including the Portal). We are not liable for any loss or damage
you suffer as a result of your failure to comply with this Clause 3.2.
3.3 You can close your account at any time by following the instructions available on the Site or through the Portal. We can also close or suspend your account at any time if you have (or we suspect you have) breached these Terms and Conditions, your
account has (or may have been) accessed by a third party, or if we have suspended or discontinued any part of our Site, Products or Services. We will notify you by email or other reasonable means if we do so.
4. Placing An Order And Its Acceptance
4.1 Eligibility. To be eligible to place an order for, or register or use, our Site, Products or Services, you must be at least 21 years old and you must reside in the UK. You must also register with us, via the Site (as further explained
in Clause 3 above). If you are not a consumer, you warrant that you are authorised to bind the business you represent when you deal with us and purchase any Products or Services.
4.2 Placing an Order. You can place an order on our Site by pressing the ‘Pay Now’ (or similar) button at the end of the checkout process. Each order you submit constitutes an offer to purchase the Products and/or Services set out in
the order in accordance with and subject to these Terms and Conditions. You are responsible for ensuring that your order is complete and accurate before placing the order. You will have an opportunity to check and amend any errors in your orders via
the Site up until the point at which you submit your order by clicking the confirm order and ‘Pay Now’ (or similar) button on the check-out page of our Site. Once you have clicked the confirm order and ‘Pay Now’ (or similar) button, you will be required
to pay for the Products and/or Services you have ordered via our Site, including the costs of shipping.
4.3 If we cannot accept your Order. Products and Services are subject to availability. If we are unable to supply the Products or Services you have requested for any reason, we will inform you by email and your order will not be processed.
If you have already paid for the Products or Services, we will refund you the full amount including any delivery costs charged as soon as possible, but in any event within 14 days.
4.4 Accepting an Order. Your order is not binding on us unless and until we accept the offer. We will acknowledge receipt of your order on the checkout page of the Site, but this should not be considered by you, nor is it, acceptance
of your order. If we accept your order, we will confirm our acceptance by sending you an email notifying you that we have fulfilled your order, at which time a contract will come into force between you and us.
5. Customer Obligations
5.1 You are solely responsible for using our Products and Services in accordance with any specifications or instructions for use provided by or on behalf of us or our Laboratory Providers, including any instructions provided on our Site or with your Product
or its kit. We are not responsible for your use of the Products or Services otherwise than in accordance with any specifications or instructions provided to you. You must also use any Products by any expiry date (or similar) appearing on the Products
or their kit or packaging, or otherwise communicated to you. Unless otherwise specified in the kit, all Products must be used within 90 days of delivery, or such shorter time as may be communicated to you.
5.2 You are also solely responsible for providing complete, accurate and current information as and when requested by us or our Laboratory Providers, including in relation to any medical or health-related conditions that may be relevant to the Products
or Services or your Samples, and when registering to use the Site, Products or Services in accordance with Clause 3 above. Our, and our Laboratory Providers’, analysis of your Samples is based on information available to us at the time, which may
not enable us (or our Laboratory Providers) to form a complete view of your health or medical conditions. If you choose not to provide any information that we or our Laboratory Providers request, you acknowledge and agree that you may not be able
to use or benefit from the Products or Services, or certain of their features. If you fail to disclose such information to us or our Laboratory Partners, then to the extent permitted by law, neither we nor our Laboratory Partners will be liable for
any injury, loss or damage you suffer as a result of or in connection with any Products, Services, advice or information provided to you by us or our Laboratory Partners that arises out of your failure to provide complete, current and accurate information.
6. Price and Payment
and be made available to you at the time your booking request is placed.
6.2 We retain the right to update prices at any time. We make all reasonable efforts to ensure the accuracy of the listed price of Products and Services on our website, however, occasionally Products or Services may be mispriced. In the event we discover
an error in the price of a Product or Service, we are not obliged to accept or fulfil an order for this Product or Service at the incorrect price and we reserve the right (at our discretion) to either cancel your order and refund the price you have
paid or endeavour to contact you and ask you whether you wish to continue with the order at the correct price. If we are unable to contact you or you do not wish to continue with the order at the correct price, we will cancel your order and refund
the price you have paid.
6.3 We must receive payment in full before your order and/or purchase can be processed, unless we have agreed otherwise in advance in writing. Unless otherwise stated, prices for Products and Services are inclusive of applicable sales tax (including VAT).
Sales tax will be applied and shown on your invoice at the current applicable rate.
6.4 Prices for Products and Services include packaging and delivery charges, unless you choose express delivery or another method of delivery which is displayed as available for an additional fee. If you select express delivery or another chargeable method
of delivery, will notify you of the anticipated packaging and delivery charges at the time you place your order. We will take payment for the price for the Products and Services you have ordered, together with any applicable packaging and delivery
charges, once you have clicked the confirm order and ‘Pay Now’ (or similar) button. We will not ship your Product until we have received payment in full for any applicable packaging and delivery charges, together with the price for the Products and
7. Delivery of Products and Completion of Services
7.1 We will contact you with an estimated delivery date for any Products once we have accepted your order, which will be within 7 days from the date on which we confirm our acceptance of your order, or such other timeframe as communicated to you in writing.
We will send another email when your Product(s) have been dispatched (“Dispatch Confirmation”).
7.2 We only ship within the United Kingdom. We will arrange for Products to be delivered to the address stated on the Order (“Delivery Address”). Delivery is complete and risk and title pass to you once the Product(s) have been unloaded
at the Delivery Address, provided that we have received payment in full for the Products and all delivery charges prior to delivery.
7.3 If you fail to take delivery of the Products on the date delivery has been scheduled, we may reschedule delivery and charge you for the additional costs of delivery, or cancel the order and refund the amounts you have paid for the Products, in our
7.4 We will not be liable for any failure or delay resulting from any condition beyond our reasonable control, including but not limited to governmental action or acts of terrorism, pandemics, epidemics, earthquake, fire, flood or other acts of God, labour
conditions, power failures, and Internet disturbances.
7.5 We endeavour to provide the results of any tests or analysis undertaken in connection with your Samples within any timeframe indicated in your order, however to the extent permitted by law, dates quoted for delivery of Products and performance of
Services are approximate only and time of delivery is not of the essence.
7.6 Upon delivery to you of the results of any analysis or tests undertaken in connection with your Samples, the Services will be deemed to have been delivered to you. If we are unable to complete any Service you have ordered and paid for, we will notify
you as soon as reasonably practicable, and will issue a full refund within 14 days, unless we are unable to complete the relevant Service as a result of something you have done or failed to do.
8. Kit Registration and Sample Shipment to Laboratory Partners
8.1 Any Samples you take using our Products must be sent back to us or our Laboratory Partners in accordance with the instructions provided on our Site or with the Products (including in their kit) or otherwise communicated to you by or on behalf of us,
and by any time or date communicated to you.
8.2 You must register your Products and the kit they were provided in before sending your Samples back to us or our Laboratory Partners. You can register your Products and their kit here: www.yourbiohealth.com/register.
8.3 If you fail to register your Products and / or kit, or to comply with any instructions we or our Laboratory Partners give you, it may not be possible for your Sample to be delivered to our Laboratory Partners, your Sample may be damaged or degraded,
and this may affect the results of the Services, or our Laboratory Partners may not be able to provide the relevant Services. We are not responsible for any errors in the results of any tests or analysis carried out on your Sample, or inability to
deliver your Sample to our Laboratory Partners, or to carry out any Services, that result from your failure to register your Products and / or kit or to return the Samples and Products and / or kit as instructed.
9. Consumer Cooling Off Period and Right to Refund
9.1 If you are a consumer, you have a legal right under the Consumer Contracts Regulations 2013 to cancel a contract for Products or Services made online, and to receive a refund, provided you exercise that right within 14 days after the date on which
you receive the Product or you purchased the Services (“Cooling Off Period”). All Product(s) returned must be in the same condition they were in when delivered to you, including in unopened packaging.
9.2 If you wish to exercise your right of cancellation, you must:
9.2.1 inform us of your decision to cancel your contract by a clear statement, using the Cancellation Form or by contacting us using the details in Clause 15.1 below, within 14 days after the date of delivery of the Products
or purchase of the Services, to tell us you wish to cancel, including details of your name, geographical address, details of the order you wish to cancel and, where available, your phone number and email address; and
9.2.2 having completed the steps in Clause 9.2.1, return the Products to us at your own cost within 14 days of such cancellation, unused and in original condition (in original, unopened packaging) and with proof of purchase within a further 14 days from
when you inform us of your decision.
9.3 If you cancel your Products and/or Services and return your Products as required in Clause 9.2 above, we will give you an exchange or refund. If you are entitled to a refund, we will then reimburse to you (by the method used to pay for the original
transaction) the amount in relation to Products and/or Services to which cancellation rights apply. This includes the cost of delivery (except for the supplementary costs arising if you choose a type of delivery other than our standard and least expensive
method of delivery).
9.4 Our Products are medical devices that are delivered to you in sealed packaging. You will not be able to return a Product and will lose your cancellation rights if the packaging a Product or kit was delivered to you in has been opened or the Product
or kit has been used.
9.5 If unnecessary handling by you results in any loss of value of the Products or kit, we may make a deduction from the reimbursement. We will make the reimbursement no later than 14 days after the day we receive the Products and kit back from you.
9.6 If the relevant Products have already been sent to you, we will provide you with instructions as to how to return the Products to us and will give you a full refund upon receipt of the returned Product and kit, in their original packaging and condition.
9.7 You are not entitled to a refund if the results of any tests or analysis undertaken in connection with your Sample are void or inconclusive, particularly where this results from your failure to follow any instructions or specifications provided for
the relevant Products or Services.
9.8 You are also not entitled to a refund if your Products or the results of any Services are not delivered because you provided incorrect delivery and / or contact information.
9.9 If any Products or Services are not delivered or delayed by our logistics partners (where the delay does not result from any act or omission by you), we will provide a replacement or full refund for the relevant Products and Services.
9.10 You acknowledge that using and registering a Product or kit before the 14 day Cooling Off Period has expired is a request for us to immediately provide the Services associated with the relevant Product and that you will lose your cancellation rights
once the relevant Services have been performed.
9.11 In addition to your legal rights, if you are unsatisfied with our Products or Services for any reason, you may request a refund within 90 days of purchase of the relevant Product. There’s no fine print. Simply email us at CustomerCare@yourbiohealth.com
with your order information. Refunds will be issued to the card used for purchase. All kits must be used within 90 days of purchase.
10. Intellectual Property
10.1 Subject only to the rights expressly granted to you under these Terms and Conditions, as between you and us, all right, title and interest in and to the Site, Products (including kits) and Services (“YourBio Health IPR”), and all
materials, content, features and functionality on our Site or shared with you in connection with the Products or Services (“YourBio Health Content”) are and will remain the property of YourBio Health and/or its licensors. Such YourBio
Health IPR and YourBio Health Content is protected by copyright, trademark, and other intellectual property rights and may not be copied, distributed, republished, uploaded, posted, or transmitted in any way, without the prior written consent of YourBio
10.2 You must not, and will not directly or indirectly permit any third party (including without limitation your employees and contractors) to:
10.2.1 copy, modify, reverse engineer, decompile, disassemble, create a derivative work of, analyse, assemble, sell, assign, sublicense, or otherwise transfer any right in, the YourBio Health Content, or the Product(s) (including any kit they are delivered
in) or Services (in whole or in part), except to the extent such actions cannot be restricted by applicable law;
10.2.2 remove or obscure any proprietary notices or labels of YourBio Health on the YourBio Health Content, or the Product(s);
10.2.3 use the YourBio Health Content, or the Product(s) (including any kit they are delivered in) or Services, or any information contained therein or otherwise provided by YourBio Health, our Laboratory Providers or our or their licensors for the purposes
of developing, or having developed, any products or services competitive with the Product(s) and / or Services; or
10.2.4 otherwise use the YourBio Health Content, or the Product(s) (including their kit) or Services in a manner inconsistent with these Terms and Conditions or applicable law.
10.3 Any rights not expressly granted herein are reserved by YourBio Health.
11. Warranties; Support
11.1 If you think your Product is faulty, please contact us within 30 days of purchase, with proof of purchase at CustomerCare@yourbiohealth.com and we will provide you with assistance and / or instructions to return the Product. If you return your Product
to us, we will inspect the returned Product, and if we agree it is faulty, we will provide you with a replacement Product or refund you the amounts paid for the Product.
11.2 After 30 days, we will repair or replace the Product in accordance with the terms of the Consumer Rights Act 2015.
11.3 TO THE EXTENT PERMITTED BY LAW, OUR PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND AND YOURBIO HEALTH DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED
OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
Limitation of Liability
12.1 Our Site is provided on an "as is" and "as available" basis without any representation or endorsement made. We make no warranties of any kind, whether express or implied, in relation to our Site, or any transaction that may be conducted on or through
our Site, including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
12.2 Subject to Clauses 12.4 and 12.5, we accept no liability for any (a) loss which is not foreseeable (loss is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time you and we entered into our
agreement); or (b) loss of profits, loss of business, contracts, goodwill, business opportunity and other similar losses (in each case whether or not such losses are direct or foreseeable).
12.3 Subject to Clauses 12.4 and 12.5, our total liability to you for all losses arising under or in connection with these Terms and Conditions, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will in no circumstances
exceed: (a) the price you paid for the Products or Services giving rise to the claim; or (b) if you have not paid any amounts for any Products and Services, £100.
12.4 We understand that, if you are acting as a consumer, you have certain legal rights regarding claims in respect of losses caused by our negligence or failure to carry out our obligations, and in respect of defective goods. We also acknowledge that
if you are a consumer, we are under a legal duty to supply goods that comply with this agreement. Nothing in our agreement is intended to limit these or any other legal rights you have as a consumer. For further information about your legal rights
you can contact your local authority Trading Standards Department or Citizens Advice Bureau.
12.5 Nothing in these Terms and Conditions affects our liability for:
12.5.1 death or personal injury arising from our negligence;
12.5.2 fraudulent misrepresentation or misrepresentation as to a fundamental matter; or
12.5.3 any other liability which cannot be excluded or limited under applicable law.
13.1 These Terms and Conditions and the documents referred to within them form the entire agreement between you and us with respect to its subject matter.
13.2 Any failure by us to exercise or enforce any right or provision of these Terms and Conditions will not constitute a waiver of such right or provision.
13.3 If any part of these Terms and Conditions is found by a court or competent authority to be illegal or invalid, the rest of the Terms and Conditions will remain in full force and unaffected.
13.4 You may not assign these Terms and Conditions without our prior written consent, but we may assign or transfer these Terms and Conditions, in whole or in part, without restriction.
13.5 We will not be liable under these Terms and Conditions for any failure or delay in the performance of our obligations due to causes beyond our reasonable control, including, without limitation, earthquake, flood, or other natural disaster, act of
God, labour controversy, civil disturbance, terrorism, war (whether or not officially declared), pandemic or epidemic, or the inability to obtain sufficient supplies, transportation, or other essential commodity or service required in the conduct
of its business, or any change in or the adoption of any law, regulation, judgment or decree.
13.6 The provisions of the Contracts (Rights of Third Parties) Act 1999 are expressly excluded from these Terms and Conditions such that no third party may claim any rights under these Terms and Conditions.
13.7 We are required under applicable laws to send some of the information or communications we send to you in writing. When using our Site or ordering any Products or Services, you accept that communication with us will be mainly electronic and that
we may contact you by e-mail or provide you with information by posting notices on our website.
14. Governing Law, Jurisdiction.
14.1 These Terms and Conditions are governed by the laws of England. If you are a consumer, you can bring legal proceedings in respect of these Terms and Conditions in either the English courts or the courts of your home country.
14.2 If you are not a consumer, you agree that the English courts will have exclusive jurisdiction in relation to any claim, dispute or matter arising out of, under or in connection with this Agreement (and any non-contractual obligations arising out
of or in connection with it and any claim or dispute in relation to its formation) and you and we irrevocably submit to the exclusive jurisdiction of the English courts.
14.3 Either party shall be entitled (without proof of special damage) to specific performance, injunctive and/or other equitable relief in any jurisdiction as a remedy in addition to any other remedies.
15. Contact Us
15.1 Please contact us at CustomerCare@yourbiohealth.com to report any violations of these Terms and Conditions or if you have any questions regarding these Terms and Conditions or our Products or Services.