Viapath - Terms and Conditions
1. CONDITIONS OF USE
By using the Viapath Nutris Service you agree to be bound by these Terms and Conditions.
2. PROVISION OF SERVICES
2.1 Viapath will provide you with the Services upon receipt of your Order.
2.2 Viapath will carry out the Services faithfully and diligently in a competent and professional manner. All scientific staff will undertake competency testing for the service that they provide to you and will exercise reasonable skill and care in accordance with this Agreement, relevant professional guidelines, good industry practice and all applicable Legislation.
2.3 Save as otherwise expressly provided, Viapath shall procure all the staff, equipment and materials required to provide the Services.
2.4 Viapath reserves the right to decline Samples that do not conform with the Sample Requirements.
2.5 In the event a Sample is received by Viapath but is not a viable Sample for testing purposes, you will be notified immediately and asked to provide a new Sample. For the avoidance of doubt, Viapath will not be liable for any additional third party phlebotomy costs which you may incur if you choose the posting pack sample collection method.
2.6 Unless otherwise agreed, results will be made available to your secure on-line account.
2.7 For the avoidance of doubt, the 7 working day turnaround time commences upon Viapath’s receipt of your Sample. Your on-line account will indicate the date of receipt.
3. PRICE, PAYMENT AND OUR CONTRACT WITH YOU
3.1 Prices for the Services are as stated on the Website and are inclusive of VAT. Viapath is not responsible for any additional expenses you may incur such as travel to phlebotomy clinics.
3.2 Viapath reserves the right to amend the prices from time to time at its sole discretion.
3.3 All payments for tests must be made by credit or debit card at the time the test is requested.
3.4 By ordering a test, you are making an offer to Viapath to carry out that test. Orders shall be deemed to be accepted upon confirmation of receipt of payment by Viapath.
3.5 Once a Test is ordered, you may only cancel the Order before having your blood taken at St Thomas’ Hospital or, where you have requested a postal pack, before your Sample is accepted for processing by Viapath. Viapath will refund you for the cost of the Test(s) within 30 days of receiving your cancellation less the £12 cost of the postal pack where you have selected this option when placing your Order. If Viapath is unable to process a request for Test(s) whether due to the Sample being unsuitable or for any other reason, we will notify you as soon as reasonably practicable and you may choose either to receive a full refund for the cost of the test(s) within 30 days of receiving the notification, or to provide a new Sample, in which case Viapath will send you a new postal pack free of charge where you have selected this option.
3.6 Please note that under no circumstances can we reimburse you for any phlebotomy charges you have paid to any third party phlebotomy provider.
4.1 Viapath warrants that it has and will continue to have valid Accreditation for the provision of the Services.
4.2 Except as expressly provided in this Agreement, Viapath gives no express or implied warranties or representations to you in respect of the Services. In particular, whilst every effort is made to achieve the turnaround times for the conduct of tests, no warranty or guarantee is given that such turnaround times will be achieved in any particular instance.
5. INDEMNITIES AND LIABILITY
5.1 Nothing in these Terms and Conditions limits our responsibility for fraudulent misrepresentation or for death or personal injury caused by our negligence.
5.2 To the fullest extent permissible by law, Viapath shall not be liable to you for (a) any indirect or consequential loss or (b) any loss of use or loss of profits, business, contracts, revenues or anticipated savings whether arising from tort (including, without limitation, negligence or breach of statutory duty), breach of contract or otherwise.
5.3 Save as in Clause 5.1, Viapath’s liability under this Agreement whether in contract, tort (including, without limitation, negligence or breach of statutory duty) or howsoever arising shall not exceed the price paid to Viapath in the 12 months previous to the date of the event (or first series of related events giving rise to such liability) first arose.
5.4 Subject to Clause 5.1, Viapath shall have no liability for any loss or damage caused by errors or omissions in any information provided by you in connection with the Services. You are fully responsible for the Results of any Tests received from using the Services, and for any interpretation or conclusions drawn from such use. You acknowledge and agree that the Services are not a substitute for actual medical diagnosis or consultation with your GP, and that the information contained in the Results does not constitute medical advice and/or recommendations for medical treatment regarding any aspect of your health, medicine intake, nutrition or lifestyle.
5.5 Viapath is not liable for any personal injury or other loss sustained as a result of your use of third party phlebotomy clinics.
Viapath may amend these Terms and Conditions from time to time.
7. PRIVACY AND DATA PROTECTION
Viapath is committed to protecting and respecting your privacy and will only process and personal data you provide in accordance with our Privacy and Data Protection Policy and with the Data Protection legislation.
8. INTELLECTUAL PROPERTY
The customer shall have no right or licence to use any Intellectual Property of Viapath. Customer acknowledges and agrees that any Intellectual Property which may arise during the provision of the Services by Viapath shall vest in Viapath.
9. FORCE MAJEURE
9.1 The obligations of each Party under this Agreement shall be suspended during the period and to the extent that that Party is prevented or hindered from complying with them by a cause of Force Majeure.
9.2 In the event of either Party being so hindered or prevented, the Party concerned shall give notice of suspension as soon as reasonably possible to the other Party stating the date and extent of the suspension and its cause, and the omission to give such notice shall forfeit the rights of that Party to claim suspension. Any Party whose obligations have been suspended as aforesaid shall resume the performance of those obligations as soon as reasonably possible after the removal of the cause and shall so notify the other party. In the event that the cause continues for more than 1 month either Party may terminate this Agreement forthwith on notice to the other Party.
10. TERM AND TERMINATION
10.1 This Agreement shall commence on the date of your Order and subject to clause 11.2 shall continue until completion or earlier termination of the Services provided to you.
11. ARRANGEMENTS ON TERMINATION
11.1 Termination of this Agreement for any reason shall be without prejudice to any right or remedy of either Party which may have accrued prior to such termination.
11.2 The provisions of Clauses 5, 7, 8, 9, 10, 11, 12, 13,14 and 15 or which by their context should survive termination shall survive termination of this Agreement.Viapath will retain your Samples in accordance with applicable Legislation.
12. GENERAL PROVISIONS
12.1 Nothing in this Agreement shall be construed as establishing or implying a partnership or joint venture between the Parties or shall be deemed to constitute either Party as the agent of the other or allow either Party to hold itself out as acting on behalf of the other.
12.2 This Agreement supersedes all previous understandings and negotiations in respect of the Parties’ obligations as provided in this Agreement. The Parties acknowledge that in entering into the Agreement neither of the Parties has relied on or shall have any remedy for any representation or statement which is not expressly included in this Agreement. All representations (save in respect of fraudulent misrepresentation), warranties, conditions and other terms whether implied by statute or otherwise which are not expressly included in this Agreement and which might otherwise relate to this Agreement are hereby excluded.
12.3 The failure by any Party to insist upon the strict performance of any provision, term or condition of this Agreement or to exercise any right or remedy consequent upon the breach thereof shall not constitute a waiver of any such breach or any subsequent breach of such provision, term or condition.
12.4 If any provision of this Agreement is agreed or held to be invalid, unenforceable or void, such provision shall not have the effect of invalidating or rendering void the remainder of this Agreement and the Parties agree that they shall immediately commence in good faith negotiations to vary the terms of this Agreement in order to remedy such invalidity, unenforceability or illegality.
12.5 Neither Party shall assign its rights and obligations under this Agreement or any part thereof without the prior written consent of the other Party such consent not to be unreasonably withheld or delayed, save that Viapath may assign or otherwise transfer its rights and obligations to any affiliate or alternative laboratory with valid Accreditation.
13. THIRD PARTY RIGHTS
A person who is not a Party to this Agreement shall have no right pursuant to the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.
Any notice to be given under the Agreement shall either be delivered personally or by post (airmail if overseas) or by email. The address for service of each Party shall be as set out in the Schedule or its registered office or such other address as either Party may previously have notified to the other Party in writing. A notice shall be deemed to have been served: if personally delivered, on the day of delivery; if sent by electronic mail, on day the mail was sent; if posted, 48 hours after posting.
The Parties submit to the exclusive jurisdiction of the English courts and agree that this Agreement is to be governed and construed according to English law.
16. DEFINITIONS AND INTERPRETATION
|Accreditation||means accreditation by the United Kingdom Accreditation Service or any equivalent or successor accreditation|
|Agreement||means this agreement between Viapath and the Customer in respect of the Services|
|Customer, You or Your||means the person or entity to whom Viapath has agreed to provide the Services|
|Confidential Information||means any information of a confidential nature disclosed (whether in writing, verbally or by any other means and whether directly or indirectly) by either Party to the other or by a third party on behalf of a Party including, without limitation, any Personal Data or Sensitive Data (as both terms are defined in the Data Protection Act 1998) relating to a patient or information relating to products, operations, processes, plans or intentions, product information, know-how, design rights, trade secrets, market opportunities and business affairs and including any commercially sensitive Information|
|Data Protection Legislation||Means the Data Protection Act 1998 or any successor legislation including but limited to the General Data Protection Regulation (Regulation (EU) 2016/679)|
|Force Majeure Event||means any event beyond the reasonable control of the Party claiming to be subject to the Force Majeure Event including, without limitation, strikes, lock-outs, labour or industrial disputes, acts of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood or storm|
|Intellectual Property||means patents, trade marks, service marks, trade names, copyright (including rights in computer software and in Websites), rights in databases, rights in designs, know-how and all and any other intellectual property as may exist anywhere in the world (in each case whether registered, capable of registration or otherwise) for the full duration of such rights, including any extensions or renewals|
|Legislation||means any statute, statutory instrument, regulation, applicable directive, by-law, code of practice, Standard or Department of Health or National Health Service guidance, policy or regulation applicable to the provision of Services by Viapath|
|Order||means any order to purchase the Services|
|Party||means any party to this Agreement individually including all permitted assigns and “Parties” refers to all of the parties to this Agreement collectively|
|Prices||means the list of test prices as set out on the Website|
|Results||means the results of the tests carried out by Viapath|
|Samples||means any and all biological specimens and materials sent by customer to Viapath for testing|
|Sample Requirements||means the instructions for sending Samples for each test as published and updated from time to time on the Website|
|Services||means the provision of tests specified in the Order submitted by the customer|
|Tests||means the laboratory tests published and updated from time to time on the Viapath Website|
|Turnaround Times||means the estimated turnaround times for tests as published from time to time on the Viapath Website or as otherwise agreed between Viapath and the customer|
|Viapath, We or Us||means Viapath Analytics LLP|
In this Agreement:
a reference to a statutory provision includes a reference to that provision as modified, replaced, amended and/or re-enacted from time to time (whether before or after the date of this Agreement) and any prior or subsequent subordinate legislation made under it; clause and schedule headings do not affect the interpretation of this Agreement; words importing the singular only shall include the plural and vice versa; and writing or written includes e-mail.