Terms and Conditions For Partners

Last updated: December 8, 2023 (v1.1)

PLEASE READ THE TERMS OF SERVICE CAREFULLY BEFORE USING OUR PLATFORM

What’s in these Terms?

These terms of service (Terms) set out the legally binding rules and standards that apply when you:

  • order Test Kits or Services via our Clinics platform (Platform)
  • [use, and upload content to the Platform
  • make contact with other users (e.g., your clients) on our Platform]
  • link to our Platform; or
  • interact with our Platform in any other way.

By using our Platform, you accept these Terms

By  clicking “I AGREE” and/or continuing to access or use our Platform, you confirm that you accept these Terms (and any updates to them) and that you agree to comply with them. If you do not agree to these Terms, you must not use our Platform.

We recommend that you print a copy of these Terms for future reference.

Who we are and how to contact us

This Platform is operated by Chronomics Limited (We or us). We are a limited company registered in England and Wales under company number 11120038 and have our registered office at Bizspace Wimbledon, 8 Lombard Road, London, SW19 3TZ.

Eligibility

Any access or use of the Platform by anyone under the age of 18 is prohibited. By agreeing to these Terms, you represent and warrant that you are 18 years of age or older and have the legal capacity to enter into and abide by these Terms.

Orders and Delivery

We must receive payment of the whole of the price for the Test Kits or Services that you order before your order can be accepted. Once payment has been received by us, we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form. Our acceptance of your order brings into existence a legally binding contract between us.

Price

The prices payable for Test Kits and/or Services that you order are as set out on the Platform.

You will be required to pay extra for delivery and it might not be possible for us to deliver to some locations. Our delivery charges are set out on the Platform.

You are responsible for paying any applicable taxes or VAT or like charges based on applicable laws and regulations. Prices are subject to change without notice. We accept only the payment types as indicated on our Platform, which may be updated from time to time.

Cancellation by us

We reserve the right to cancel the contract between us if:

  • we have insufficient stock to deliver the Test Kits you have ordered;
  • we do not deliver to the area requested; or
  • one or more of the Test Kits or Services you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.

If we cancel your contract we will notify you by email and will credit to your account any sum deducted by us from your credit/debit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation.

 

Delivery of Test Kits to you

We will deliver the Test Kits ordered by you to the address(es) you give us for delivery at the time you make the order.

Delivery will be made as soon as possible after your order is accepted and in any event within [30] days of your order.

If the Test Kits we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us within [10] working days of the delivery of the Test Kits in question.

If you do not receive the Test Kits ordered within [30] days of the date on which you ordered them, we shall have no liability to you unless you notify us within [60] days of the date on which you ordered the Test Kits.

Any dispute regarding charges/fees must be submitted to: https://help.hurdle.bio/en_GB/contact-us. 

Refunds

Refunds are limited to the amount you paid for the applicable Service or Test Kit(s). If we determine that Service charges/fees were incorrectly charged, we will issue a credit or refund equal to the incorrect amount. If we determine the Test Kit you received should or can be replaced, we will provide a replacement Test Kit.  Unless otherwise required by law, we have no obligation to refund by any means other than a credit for future use or replacement Test Kit. Due to the nature of our tests, the Test Kits cannot be reused. Please be aware that the cost of the Test Kit and shipping will be deducted from the refund. Unfortunately, we cannot process any refunds if the test results have been uploaded to your dashboard. In all cases, we cannot accept returned/unused kits except in the circumstances set above regarding damaged or defective Test Kits or incorrect order delivered.

To the fullest extent permitted by law, you waive all claims relating to charges/fees unless claimed within 60 days after charged (this does not affect your rights with your credit card issuer or any rights you may have by law).

Personal Data

Any personal data relating to you that you provide to us or upload to the Platform will be used as set out in our Privacy Policy and Cookie Policy. You will be required to accept these policies each time you use our Platform.

In relation to any  personal data of other persons, including patients, you confirm you have their explicit consent to do upload their personal data and have provided them with a privacy notice setting out what personal data you will collect, what you will use it for and who you will share it with, including us.

Both you and we are data controllers in respect of personal data provided under these Terms and both parties shall comply with all relevant data protection laws, including the Data Protection Act 2018 (as amended) and UK GDPR.

You shall indemnify us from and against any losses, liabilities, costs and expenses arising out of or in connection with any breach by you of these Personal Data provisions.

We may make changes to these Terms

We may amend these Terms from time to time. Every time you use our Platform, please check these Terms to ensure you understand the terms that apply at that time. You will be required to accept our Terms each time you use our Platform.

We may suspend or withdraw our Platform

We do not guarantee that our Platform, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Platform for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

If you experience any issues with our Platform, please contact us at: https://help.hurdle.bio/en_GB/contact-us or [email protected].

You must keep your account details safe

You will need to set up an account in order to use the Platform. When you are setting up your account, you must give us accurate and complete information. This means that you cannot set up an account using a name or contact information that does not apply to you. You may not use any account belonging to any other person without our express, prior, written permission. You have complete responsibility for your account and everything that happens on your account. This means you need to be careful with your password and log-in details. You may not transfer your account to someone else. We are not liable for any damages or losses caused by someone using your account without your permission

. We reserve the right to monitor use of the Platform and to suspend, revoke, deny, disable, or terminate your access if you breach any provisions of these Terms or if your use exceeds reasonable limits, as determined in our sole discretion.

If you know or suspect that anyone other than you knows your log-in details or password, you must notify us immediately at: https://help.hurdle.bio/en_GB/contact-us or [email protected].

Clinical responsibility

It is your responsibility, or the responsibility of the appropriate person that you give the responsibility to (usually a lead clinician) to ensure the appropriate clinical management of pretest counselling and post-test results communication with the end user (the patient).

All tests have a range of success (some results aren’t returned) and a range of accuracy (when compared to other methods of testing the same biomarker). It is your responsibility to appropriately manage the results and the patient in this context.

Any material provided by us is for generic educational purposes only. We do not intend to, nor purport to interpret test results, nor diagnose medical conditions.

Services Not A Substitute For Medical Judgement

The Services, Test Kits and test results are not intended as a substitute for any medical advice or professional judgement of health status. We do not provide medical advice, nor administer any diagnostic medical tests, prescriptions, or other healthcare interventions. We make no endorsement or representation as to the accreditation, licensing or good-standing of any healthcare provider under applicable laws. You specifically acknowledge and agree that we and our representatives shall not be liable for acts, omissions or conduct of any third party (including without limitation any laboratories, healthcare providers, clinicians, contractors or otherwise), and/or from the risk of harm or any damages from the services rendered or from Test Kits manufactured, distributed, dispensed or provided by any third party.

The Platform

We do not warrant the completeness or accuracy of the information published on the Platform; nor do we commit to ensuring that the Platform remains available or that the material on the Platform is kept up-to-date.

The Platform is provided on a “as is” and “as available” basis. To the fullest extent permitted by law, we make no warranty that (i) the Platform or any Test Kits or Services purchased through the Platform will meet your requirements; (ii) the Platform will be uninterrupted, timely, secure, or error-free; or (iii) that there will be no errors in the Platform or that we will fix any errors. Any materials obtained through use of the Platform are obtained at your own discretion and risk and we shall not be responsible for any damage caused to your computer or data or for any bugs, viruses, trojan horses, or other destructive code resulting from use of the Platform or any content obtained from the Platform.

 

Do’s and dont’s when using our Platform

You may use our Platform only for lawful purposes.

You agree to:

  • contact us if you disagree with any of the results of a client’s test
  • take responsibility for understanding how to use our Platform and interpret results so you can discuss with your clients
  • use the Platform only to order Test Kits and/or Services and to view the results of your clients
  • ensure that you hold active licenses as required by law to practice the specialities of the services you offer on our Platform and to your clients
  • not to reproduce, duplicate, copy or re-sell any part of our Platform (or its contents) in contravention of these Terms
  • not to access without authority, interfere with, damage or disrupt:
    • any part of our Platform
    • any equipment, server or network on which our Platform is stored
    • any software or database used in the provision of our Platform or
    • any equipment, server network or software owned or used by any third party.

You must not use our Platform:

  • in any way that breaches any applicable laws or regulations
  • in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect
  • for the purpose of harming or attempting to harm any person in any way
  • to bully, insult, intimidate or humiliate any person
  • to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards
  • to upload, use, share or transfer personal data (including special categories of personal data) relating to other persons (including your clients) unless you have a lawful basis to do so, and such lawful basis has been communicated in advance to the person whose personal data you wish to upload, use, share or transfer
  • to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam) or
  • to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

Content standards

These content standards apply to any and all material which you contribute to our Platform (Contribution) and to any interactive services associated with it.

These content standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.

We will determine, in our discretion, whether a Contribution breaches these content standards

A Contribution must:

  • be accurate (where it states facts)
  • be genuinely held (where it states opinions) and
  • comply with all applicable laws and regulations.

A Contribution must not:

  • be defamatory of any person
  • be obscene, offensive, hateful or inflammatory
  • bully, insult, intimidate or humiliate
  • promote any illegal activity, sexually explicit material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age
  • infringe any copyright, database right or trade mark of any person
  • be likely to deceive any person
  • breach any legal duty owed to a third party, such as a contractual duty, a duty of confidence, or a duty of professional conduct
  • be in contempt of court
  • be threatening, abuse or invade another\’s privacy, or cause annoyance, inconvenience or needless anxiety
  • be likely to harass, upset, embarrass, alarm or annoy any person
  • impersonate any person, or misrepresent your identity or affiliation with any person
  • give the impression that the Contribution emanates from Chronomics, if this is not the case
  • advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse
  • contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism or
  • contain any advertising or promote any services or web links to websites or other platforms

You will be liable to us and indemnify us for any breach of these content standards. This means you will be responsible for any loss or damage we suffer as a result of your breach.

You hereby assign to us all existing and future intellectual property rights in the content you upload to our Platform to the fullest extent permitted by law. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Platform constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any posting you make on our Platform if, in our opinion, your post does not comply with these content standards.

You are solely responsible for securing and backing up content posted by you on the Platform.]

Interactive services

We may from time to time provide interactive services on our Platform, including, without limitation:

  • Contact Us forms
  • Chat services
  • Bulletin boards
  • Blogs and blog comments
  • FAQ / discussion forums
  • Feedback surveys / forms
  • Site search engine
  • Competitions, quizzes and games

Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on our Platform, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our Platform, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of these Terms, whether the service is moderated or not.

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

How you may use material on our Platform

We are the owner or the licensee of all intellectual property rights in our Platform, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our Platform for your personal use and you may draw the attention of others within your organisation to content posted on our Platform.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our Platform must always be acknowledged.

You must not use any part of the content on our Platform for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our Platform in breach of these Terms, your right to use our Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

User-generated content is not approved by us

  • This Platform may include information and materials uploaded by other users of the Platform, including to bulletin boards, chat services, , blogs and blog comments, FAQ / discussion forums, feedback surveys / forms, site search engines, competitions, quizzes and games.
  • This information and these materials have not been verified or approved by us. The views expressed by other users on our Platform do not represent our views or values.

If you wish to complain about content uploaded by other users please contact us at https://help.hurdle.bio/en_GB/contact-us.

We are not responsible for websites, platforms or resources we link to

Where our Platform contains links to websites, platforms and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites, platforms or information you may obtain from them. We have no control over the contents of those websites, platforms or resources.

Breach of these Terms

When we consider that a breach of these Terms has occurred, we may take such action as we deem appropriate. We may take all or any of the following actions:

  • immediate, temporary or permanent withdrawal of your right to use our Platform
  • immediate, temporary or permanent removal of any Contribution uploaded by you to our Platform
  • issue of a warning to you
  • legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach
  • further legal action against you and/or
  • disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

We exclude our liability for all action we may take in response to breaches of these Terms. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

Our liability to you

We exclude all implied conditions, warranties, representations or other terms that may apply to our Platform or any content on it.

We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, our Platform or
  • use of or reliance on any content displayed on our Platform.

In particular, we will not be liable for:

  • loss of profits, sales, business, or revenue
  • business interruption
  • loss of anticipated savings
  • loss of business opportunity, goodwill or reputation or
  • any indirect or consequential loss or damage.

We are not responsible for viruses and you must not introduce them

We do not guarantee that our Platform will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and Platform to access our Platform. You should use your own virus protection software.

Which country’s laws apply to any disputes?

These Terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England.