Bionetics Ltd
Terms and Conditions of Use
1. Purpose
This document and the attachments referred to herein constitute
a legally binding agreement between you and BIONETICS and
its successors in title ("BIONETICS”, "we"
or "us"). It sets out your rights and obligations
and those of BIONETICS in relation to your access to and use
of the internet site operated by us with the domain name www.bionetics.co.uk
(the "Site") which expression shall include any
other websites which are from time to time linked to this
site which are owned by BIONETICS and all software applications
which are used on or downloaded from the site and all e-mails
or other communications sent to you via the Site or from or
on behalf of BIONETICS (as defined below) contained in or
offered in conjunction with the Site.
By accessing the Site you accept without limitation or qualification
all of these Terms and Conditions of Use and any subsequent
amendments or variations thereof as we, in our sole discretion,
may make from time to time ("Terms").
2. Variation
We may, at our discretion, vary or amend from time to time
these Terms and any document (including but not limited to
the Privacy Policy) which is stated
to form part of these Terms. All such amendments or variations
will be effective as soon as they are posted on the Site.
The amendment or variation shall apply to your use of the
Site and to any goods and services offered to you upon such
posting or notification so you must check these Terms every
time you visit the Site.
Except as provided for in the preceding paragraph these Terms
may otherwise not be amended or varied except in writing signed
by both parties.
3. The Site
3.1 Purpose
The purpose of the Site is to enable you to purchase goods,
the Test (as defined below) and other services from us in
accordance with these Terms. (The goods, the Test and the
other services shall be referred to as the “Products”.)
In particular, we offer a service which [uses a specialised
technology to determine the stress factors and nutritional
deficiencies in individuals by analysing a hair sample] (the
“Test”)
We may from time to time offer specialist goods and services
through the Site and we reserve the right to apply separate
terms and conditions to these other goods and services which
will be notified to you at the time of purchase.
3.2 Registration
The Site is intended for the use of residents of the following
jurisdictions:
(i) the United Kingdom, the Isle of Man and the Channel
Islands; and
(ii) territories outside those mentioned in (i) above.
When you register with us you will tell us which of these
jurisdictions you are resident in and you warrant to us that
this information is correct.
Anyone who registers online by filling out the registration
form may become a user of certain parts of the Site (a
“User”) subject to our approval. Upon registration
you will become a Registered User.
Online submission of your registration
form confirms your agreement to the provisions of these
Terms. Registered Users and Guardians should also read and
understand our Privacy Policy that
forms part of these Terms and governs the way we will use
any information that is submitted as part of the registration
process.
3.3 Registered User Information
By submitting the on-line registration
form you warrant that the information contained in the
form (“User Information”) is true and accurate
in all respects and you have the authority and capacity to
complete the form. The registration form forms part of the
Terms. You agree to notify us immediately in writing of any
changes in User Information. We reserve the right to refuse
to register you for any reason and to remove you as a Registered
User at any time at our sole discretion. You are solely responsible
for the User Information.
We may refuse to grant you a User ID that impersonates someone
else, is protected by trademark or other proprietary right
law, or is vulgar or otherwise offensive, as determined by
us.
3.4 User ID and Password
On becoming a Registered User you will be required to give
a User Identification name (the "User ID") and a
password (the "Password") both unique to you. Your
User ID and Password are confidential to you and must not
be disclosed to any third party or used by you or on your
behalf for any purpose other than your use of the Site. You
agree to:
| 3.4.1 |
notify BIONETICS immediately in writing of any use of
your User ID or Password of which you become aware which
has not been authorised by you, or any circumstances relating
to the actual or potential misuse of your User ID and
Password above giving reasonable details of the unauthorised
use or applicable circumstances as appropriate; |
| 3.4.2 |
exit your account in the manner directed on the Site
at the end of each session; |
| 3.4.3 |
in the event of any failure or error in the operation
of a Password you shall cease using the Password and exit
the Site immediately and notify us of such failure or
error; and |
| 3.4.4 |
indemnify and keep indemnified BIONETICS against any
liabilities, costs, claims or expenses which it may suffer
as a result of any unauthorised use of the User ID or
Password. |
We will not be liable to you for any loss or damage (whether
direct, indirect or consequential) arising from your failure
to comply with this clause 3.4 and (without prejudice to the
terms of clause 9.2 below) you agree to indemnify us against
any charges, costs, claims, damages or expenses (howsoever
arising) incurred by us as a result of your failure to comply
with such provisions.
Any breach of these Terms by anyone to whom you disclose
the Password will be treated as if the breach had been committed
by you and will not relieve you of your obligations under
these Terms.
We reserve the right to change your Password and User ID
at any time in our sole discretion.
3.5 System Integrity
You undertake to us that you will not use and that you will
not permit the use of any device, software or programming
routine that interferes or attempts to interfere with the
working and functionality of the Site. You undertake not to
take or permit the taking of any action that (in our sole
discretion) imposes an unreasonable or disproportionately
large load on our infrastructure.
The Site contains robot exclusion headers and you agree that
you will not use any robot, spider, other automotive device
or manual process to monitor or copy our web pages or the
content contained on the Site without our prior written consent.
3.8 No Support or Assistance
Neither we nor any Third Party Suppliers shall provide any
support or assistance of any kind to Users except as set out
herein.
3.9 Interest on Late Payment
If at any time any sums due to us under these Terms is not
paid on the due date then all outstanding sums shall bear
interest at the rate of 4% above the then current base rate
of Barclays Bank plc per annum such interest to accrue daily
until the date of payment including after as well as before
any judgement in respect of such sums.
4. Use of the Site
4.1 Sale of Products via the Site
Any Products purchased via the Site shall be subject to these
terms and conditions and also those in Schedule 1 hereto.
4.2 Relationships with Third Parties
Any arrangements made between you and any third party named
on this Site are at your sole risk and responsibility.
4.3 Amendments to the Site
We, at our sole discretion, may add, delete or change some
or the entire Site at any time.
We, at our sole discretion, may at any time change the identity
of any Third Party Supplier.
4.5 Proprietary information
You acknowledge and agree that the materials used and displayed
on the Site including but not limited to text, software, photographs,
graphics, page layout and design, illustration and artwork,
names, logos, trademarks, service marks and all other materials
are the property of BIONETICS and/or its licensors and are
protected by copyright trademark and other laws.
You agree not to modify, copy, reproduce, re-publish, upload,
post, transmit, rent, loan, sell, share, lease, license, sub-license,
use for any commercial or non-commercial purpose or distribute
any material on the Site or create in any way content and/or
derivative works based on the content of the Site itself,
or services provided by, or on behalf of BIONETICS in whole
or in part without our prior written consent.
4.6 Disclosure of Personal or Confidential Information
You undertake not to either include or disclose on or in
connection with your use of the Site any confidential information
or Personal Information (as defined in our Privacy
Policy) relating to third parties without their express
written consent.
You acknowledge that in the course of utilising the Site
and concluding transactions on it you may receive certain
confidential information that has been provided by other Users.
You agree and undertake to keep such information confidential
and not to disclose any part of such information to any third
party, unless required to do so by law. Such information shall
not be used for any purpose without the prior written consent
of the User to whom such information is confidential.
5. Newsletters
On registration to the Site, we may automatically sign you
up to receive our e-mail service (“Newsletters”)
although you will have the option to opt-out of receiving
such e-mails at any time. The Newsletter will update you on
products and services provided by us, events organised by
us and other events, news or articles which we consider to
be of interest to you. Your use of the content received through
the Newsletters by e-mail service will be subject to these
Terms.
6. Links to third party Sites
We may provide links to other web sites or resources either
on the Site or in Newsletters by e-mail. These links are provided
solely as a convenience to you and are not an endorsement
by us of the contents of such third party web sites. We have
no control over such sites and resources and you acknowledge
and agree that we are not responsible for the availability
of such external sites or resources and do not endorse and
are not responsible or liable for any content, advertising,
product, services or other materials on or available from
such sites or resources.
You further acknowledge and agree that we shall not be responsible
or liable directly or indirectly, for any damage or loss caused
or alleged to be caused by or in connection with use of or
reliance of any such content, goods or services on or available
through any such site or resource. If you decide to access
linked third party web sites you do so at your own risk. Any
concerns regarding any external links should be directed to
its respective site administrator or web master.
If you would like to link to the Site please read and comply
with the following guidelines and all applicable laws. A web
Site that links to the Site:
(a) may link to, but not replicate, the content of the Site;
(b) must not create a frame or any other browser or border
environment around the content;
(c) must not in any way imply that BIONETICS is endorsing
it or its products or services;
(d) must not misrepresent its relationship with BIONETICS;
(e) must not present false information about BIONETICS;
(f) must not be a web site or WAP site that infringes any
intellectual property or other right of any person or that
otherwise does not comply with all relevant laws and regulations;
and
(g) must not be a web site or WAP site that contains content
that could be construed as distasteful, offensive or controversial.
We expressly reserve the right to request that any link in
breach of these terms is removed and to take whatever other
action it deems appropriate.
7. Privacy
You are asked to read our Privacy Policy, which forms a part
of these Terms and sets out the way in which we handle your
personal data.
8. Message Board and Chat Rooms
| 8.1 |
We may from time to time provide Users with a message
board and/or chat room facilities (“User Forum”). |
| 8.2 |
By posting a message on any User Forum you agree that
BIONETICS or any of its affiliate companies may use the
message, your name/user name and town in any publicity
or marketing material relating to any products or services
of BIONETICS without further consent from you. |
| 8.3 |
You undertake: |
| 8.3.1 |
not to use any of the User Forum for any unlawful purpose; |
| 8.3.2 |
not to use any of the User Forum for the posting of
any material which is defamatory, offensive, blasphemous
or obscene; |
| 8.3.3 |
not in any way to corrupt, tamper with or otherwise
interfere with any of the User Forum or their operation. |
| 8.4 |
The views and opinions expressed on any User Forum are
those of the authors and do not necessarily represent
the views of BIONETICS. |
| 8.5 |
Without prejudice to the terms of clause 9.3, BIONETICS
makes no warranties or representations of any kind in
relation to any of the User Forum or any messages posted
to them, whether express or implied, including but not
limited to, implied warranties or conditions of performance,
completeness, suitability, timeliness, accuracy, reliability,
satisfactory quality and fitness for a particular purpose
or non-infringement, except to the extent it is not possible
by applicable law to exclude such things or to the extent
such things are expressly contained in these Terms. |
| 8.6 |
BIONETICS shall not accept responsibility for: |
| 8.6.1 |
any technical or access issue, failure, malfunction
or difficulty that might hinder or prevent your viewing
or posting of any message to any User Forum; |
| 8.6.2 |
any event which may cause any User Forum to be disrupted
or corrupted; |
| 8.6.3 |
any errors or omissions in any posting to or on any
User Forum; |
| 8.6.4 |
any loss or damages incurred as a result of the use
of any information posted to any User Forum. |
| 8.6.5 |
BIONETICS reserves the right to modify or delete any
message which it considers, in its absolute discretion,
to be defamatory, offensive, blasphemous or obscene. In
the event that BIONETICS has to modify or delete any such
message it reserves the right to terminate the right of
the User who has posted the message from using that or
any that User’s membership of all or any User Forum
of the party posting such message. |
9. General
9.1 Termination of these Terms
We reserve the right to suspend or terminate your account
or Registration (as a Registered User), which is or appears
to us to be in breach of any of the provisions of these Terms,
including but not limited to the non-payment for products
or services provided by us, provision of false registration
details or other misuse of the services offered through this
Site. On such termination or suspension we shall be entitled
to retain any sums paid by you to us. If you hold such a suspended
or terminated account or Registration you may not re-register
for the Site without our prior consent. We may pursue any
other remedy legally available to us if you fail to comply
with any of your obligations contained in these Terms.
If any proceeding is brought by or against you under the
bankruptcy or insolvency laws of any jurisdiction, we shall
be entitled to terminate these Terms forthwith.
9.2 Indemnity
You agree to pay, indemnify, and hold BIONETICS (and its
directors, officers, employees and agents) harmless from any
and all liabilities, obligations, losses, damages, penalties,
actions, judgements, suits, costs, expenses or disbursements
of any kind or nature whatsoever (except to the extent that
such liabilities, obligations, losses, damages, penalties,
actions, judgements, suits, costs, expenses or disbursements
arise as a result of BIONETICS’s negligence or breach
of these Terms by BIONETICS) with respect to:
| 9.2.1 |
any third party claim, action or allegation of infringement,
misappropriation, or violation of copyright, trademark
or other proprietary rights of any third party based on
any content (including but not limited to your postings
on any User Forum) submitted by you to the Site; |
| 9.2.2 |
any breach of these Terms by you; |
| 9.2.3 |
any third party claim action or allegation brought against
BIONETICS arising out of or in relation to a dispute between
Users or in relation to your use or misuse of the Site;
and/or |
| 9.2.4 |
any action taken by BIONETICS under your instructions
in relation to the use of the Site. |
9.3 Disclaimer of Warranties
Your use of the Site and any Products offered on or in connection
with your use of the Site is at your sole risk. The Products
are all provided on an “as available” basis..
With respect to all information which is available on the
Site (including any responses to queries raised by you) we
and our licensors to the fullest extent permitted by law disclaim
all warranties, including but not limited to warranties of
title, fitness for a particular purpose, merchantability and
non-infringement of proprietary or third party rights. Whilst
we will perform the Tests and other services with all reasonable
skill and care we make no warranties about the reliability,
completeness or accuracy of the results of the Tests, material,
services, software, text, graphics, and links on the Site.
Without prejudice to the generality of the foregoing, we
make no warranty that the quality of the Tests or other services
or Products obtained by you through your use of the Site will
meet your expectations or provide you with any particular
relief or remedy.
Any information contained on the Site or on or provided to
you in connection with any Products are for the purposes of
general information only and are not intended to be a substitute
for professional health advice. The information on the Site
or other information provided to you is not to be used to
diagnose, treat or cure any disease. If you are worried about
any symptoms you or a family member may have, you should always
consult your healthcare professional. The Site does not provide
any health advice and you should contact your healthcare professional
for such advice. We do not accept responsibility for those
who misuse this information or for any diagnosis made as a
result of reading the information. The reader assumes sole
responsibility for all of the medical information contained
on this site. Any information on doses of goods are for guidance
only.
If your use of the Site will require your replacing equipment
or data you will be responsible for the costs of such replacement.
Your use of the Site and services offered in connection with
the Site is at your own risk. If you are dissatisfied with
any part of the services the Site or with these Terms or any
other rules or policies your sole remedy is to discontinue
use of the Site.
The description and specification of the products on the
Site are approximate only and we reserve the right to make
changes to the products which do not materially affect the
quality or performance of those products.
9.4 Limitation of Liability
You expressly understand and agree that we and our licensors
shall not be liable for any direct (other than for death or
personal injury arising directly from use of the Site), indirect,
incidental, special, consequential or exemplary damages including
but not limited to in relation to all types of damages, loss
of profits, goodwill, use, data or intangible losses (even
if we have been advised of the possibility of such damages)
resulting from:
| 9.4.1 |
the use or the inability to use the Site or any service
provided in connection the Site; |
| 9.4.2 |
unauthorised access to or alteration of your transmissions
or data; |
| 9.4.3 |
statements or conduct of any User or third party in
relation to the Site; |
| 9.4.4 |
any delay by us in providing any Products; |
| 9.4.5 |
any other matter relating to the Site or service provided
in connection with the Site; and/or |
| 9.4.6 |
any alterations to the Site or the Tests or other services
or the withdrawal or alteration of any products, Tests
or other services. |
In no event will our liability arising out of or in respect
of these Terms exceed £100 except in relation to death
or personal injury.
Some jurisdictions do not allow the exclusion of certain
warranties with a limitation or exclusion of liability for
incidental or consequential damages. Accordingly some of the
above limitations of this sub-clause 9.4 may not apply to
you.
Nothing contained in these Terms shall be construed as limiting
your rights as a consumer which are protected by the laws
of the jurisdiction in which you are resident.
9.5 No Association
No agency, partnership, joint venture, employee-employer
or franchiser-franchisee relationship between BIONETICS and
you or any User is intended or created by these Terms.
9.6 No Assignment
You may not assign your rights or delegate (or sub-contract)
your duties under these Terms. BIONETICS may assign its rights
and obligations under these Terms without your written consent.
9.7 Suspension or Discontinuance of Test
Without prejudice to Clause 9.1 BIONETICS may suspend or
discontinue the Site (including any User Forum) or your access
to the Site (including any User Forum) with or without cause
and with or without notice.
9.8 Force Majeure
BIONETICS shall not be liable for any failure to perform
its obligations under these Terms if such failure results
from any act of God or other cause beyond its reasonable control
(including without limitation, any mechanical, electronic
or communications failure)
9.9 Entire Agreement
These Terms (as amended by us from time to time) together
with the Privacy Policy, the registration form and payment
instructions (if any) comprise the entire agreement between
you and BIONETICS in relation to your use of the Site and
govern the use of the Site and any services provided to you
in connection with the Site. The Terms (and the other documents
referred to) replace and void any prior agreement between
you and BIONETICS, whether written or verbal, in relation
to the Site or any services provided to you in relation to
the Site. You may also be subject to additional terms and
conditions when you use affiliate or other BIONETICS services,
third-party content or third-party software.
We make no claims that the Site is appropriate for any particular
purpose or audience, or that it may be downloaded outside
of the United Kingdom. Access to the Site or use of the Site
may not be legal by certain persons in certain countries.
9.10 Severability
Each provision of these Terms excluding or limiting liability
shall be construed separately, applying and surviving even
if for any reason one or other of those provisions is held
to be inapplicable or unenforceable in any circumstances.
9.11 No waiver
No waiver by us shall be construed as a waiver of any proceeding
or succeeding breach of any provision.
9.12 Third Party Rights
Except as otherwise expressly stated herein any person who
is not a party to these Terms has no right under the Contracts
(Rights of Third Parties) Act 1999 to enforce any of these
Terms, but this does not affect any right or remedy of any
such person which exists or is available otherwise than as
a consequence of that Act.
9.13 Remedies
You agree that any unauthorised use of the Music Files which
is in contravention of these Terms would result in irreparable
damage to BIONETICS for which money damages would be an inadequate
remedy and, in such event, BIONETICS would have the right
(in addition to any other rights) to seek injunctive relief
against you.
10. English law
All legal issues arising from or related to the use of the
Site or any services provided in relation to the Site shall
be construed in accordance with and determined by the laws
of England and you hereby agree to submit to the exclusive
jurisdiction of the English Courts.
Bionetics Limited is a company registered in England and
Wales under number 05290766 whose registered office is at
Pinehill, Pinemount Road, Camberley, Surrey GU15 2LU.
SCHEDULE 1
Sale of Goods and Provision of Tests and other Tests
1. Ordering Goods and Tests
| 1.1 |
You must ensure that the terms of your order and any
applicable specification are complete and accurate. |
| 1.2 |
Each order for Products by you from us shall be deemed
to be an offer by you to purchase those Products subject
to these conditions. |
| 1.3 |
No order placed by you shall be deemed to be accepted
by us until an e-mail acknowledgement of order is issued
by us or (if earlier) when we deliver the goods, results
of the Tests or services to you. |
2. Delivery
| 2.1 |
We will arrange for delivery of the goods, Test results
or results of other services to you by email or post and
to the address that you specify in your order. |
| 2.2 |
Any dates specified by us for delivery are intended
to be an estimate and time for delivery shall not be made
of the essence by notice. With the exception of weekends
and bank holidays, if no dates are so specified, delivery
will be within a reasonable time. |
| 2.3 |
If you fail to take delivery of any goods for any reason
we may cancel your order and retain the goods and we will
refund the price of the goods less any delivery charge. |
3. Price
| 3.1 |
Unless otherwise agreed by us in writing the price for
the Products shall be the price specified on the Site
at the time we accept your order. |
| 3.2 |
The price for the Products shall be exclusive of any
value added tax and postage and packaging. |
4. Payment
| 4.1 |
Payment of the price for the Products shall be made
by credit or debit card at the time we accept your order.
The credit or debit cards which we accept are listed on
the Site from time to time. |
| 4.2 |
Time for payment shall be of the essence. |
| 4.3 |
No payment shall be deemed to have been received until
the Company has received cleared funds. |
5. Cancelling and Returning an Order
Under the Distance Selling Regulations, you have the right
to cancel the contract for the purchase of any goods within
seven working days of delivery. This applies to all our goods
but not to our the Tests or any other services provided by
us. However we regret that we cannot accept cancellations
of contracts for the purchase of products where foodstuffs
have been opened (unless the items are of unsatisfactory quality).
Please note that you will be responsible for the costs of
returning the goods to us unless we delivered the item to
you in error or the item is faulty.
The products advertised on our Site are intended for sale
to persons dealing as consumers and are not for re-sale.
|
