YourBio Health Terms and Conditions – UK
Date of Last Revision: 15 August 2021
1. Application of These Terms and Conditions
1.1 Seventh Sense Biosystems, 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
) 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.
www.yourbiohealth.com/privacy) carefully before placing an order or using
any Products or Services. We particularly draw your attention to the
“Liability” section, which excludes or limits YourBio Health’s legal
liability in connection with your purchase and use of Products or Services.
By clicking to purchase any Products or Services, or by registering and /
or using any Products (and their kit), you agree to be bound by these Terms
and Conditions and acknowledge that they will apply to any order you make
via YourBio Health’s Site, and to your registration and use of our Products
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
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
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
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 or otherwise in connection with our
Products, Site or Services. Information you submit to us is governed by our
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
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
6.1 Payments for all Products and Services are made through Braintree, a
PayPal service. Braintree / PayPal is a third party payment provider, and
your payment will be processed by Braintree / PayPal. Braintree / PayPal’s
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 Services.
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
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 discretion.
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
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
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
Information you submit to us when registering your Products and their kit
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
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
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
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
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
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
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.
12. 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
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
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
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
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
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.