Terms and Conditions
Terms And Conditions
Our test and this website does not make a medical diagnosis nor is it intended to be a substitute for professional medical advice, diagnosis, or treatment. You should always seek the advice of your doctor or other qualified health provider if you have a medical condition or with any questions you may have regarding a medical condition and/or medical symptoms. You should not disregard professional medical advice or delay in seeking it because of something you have read on this website. All probable or possible diagnoses generated by the test or this website need to be discussed and confirmed with a qualified medical practitioner.
We do not provide a medical emergency service. For any condition that is a medical emergency, the appropriate medical emergencies should always be called in the first instance. Medical emergencies can include (but the following is not an exhaustive list):
- loss of consciousness;
- an acute confused state;
- fits that are not stopping;
- persistent, severe chest pain;
- breathing difficulties;
- severe bleeding that cannot be stopped;
- severe allergic reactions; and
- severe burns or scalds.
If you think you may have a medical emergency, call your physician or the emergency services immediately. Reliance on any information provided by this Website is solely at your own risk.
Please note that our IgG antibody tests are not designed to indicate an allergic reaction to individual food/drinks or food/drink groups covered by the test. We accept no responsibility for any condition or symptoms that you may develop caused by an allergic reaction. YorkTest defines Food Intolerance or Sensitivity as a food-specific IgG reaction. The YorkTest food sensitivity test is not an allergy, coeliac or lactose intolerance test
1. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods or services.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
1.3 Our liability. We draw your attention to clause 13, which sets out our liability to you in connection with our breach of these terms and conditions.
1.4 Third party products. If you have purchased a test through a third party, then please check the terms and conditions of sale for that third party. You will need to contact the third party you originally ordered the test from in order to exercise your cancellation rights and/or receive a refund.
2. Information about us and how to contact us
2.1 Who we are. We are YorkTest Laboratoris Inc, a company incorporated in Delaware, USA, File Number – 3502444, Registered address – 1013 Centre Road, Suite 403-A, Wilmington, DE 19805, County of New Castle, USA, and/or our parent company YorkTest Laboratories Limited, a company registered in England and Wales. Our company registration number is 03570476 and our registered office is at Triune Court, Monks Cross Drive, York, YO32 9GZ. The parent company registered VAT number is 796890550.
2.2 How to contact us. You can contact us by telephoning our customer service team at 1 844 533 2724 or by writing to us by email at [email protected] or by mail to YorkTest Laboratories Limited, Triune Court, Monks Cross Drive, York, YO32 9GZ, UK.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order. Test results may be provided to you by email or via our secure password-protected Wellness Hub wellnesshub.yorktest.com.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. Our contract with you
3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
4. Our products, services and tests
4.1 Testing kits and other products. Our products include a range of food/drink intolerance/sensitivity testing kits (“Testing Kits“) as further described in these terms and on our website at www.yorktest.com/us/ (“Website“). We may also sell other products and services as described on our Website from time to time.
4.2 When you order a Testing Kit, we will deliver this to you in accordance with these terms. Once you receive your Testing Kit, you simply need to take a blood sample with our finger-prick easy to use kit (“Sample“), send the Testing Kit and send the Sample back in the prepaid envelope. We will carry out a test on your Sample and then we will send you your test results (“Test Results“) within ten (10) working days (from the date we receive your sample). Please note that when you purchase a Testing Kit, you are purchasing our testing service as set out in these terms. Each Testing Kit comes with an expiry date and you are required to send the Sample to us within the relevant expiry period.
4.3 Where you have purchased a Testing Kit for a food/drink intolerance/sensitivity test, the test will be an IgG antibody test. We will use the defined and CE marked Yorktest Laboratories IgG food intolerance/sensitivity test which uses the enzyme linked immunosorbent assay (ELISA) method to detect IgG antibodies in your Sample.
4.4 For food intolerance testing, the Test Results will be provided for each IgG antibody food/drink reaction categorised into ‘normal reactivity, ‘borderline’, or ‘high reactivity’ and a reactivity value may be provided for each food/drink ingredient tested.
4.5 You agree that our IgG antibody tests are not designed to indicate an allergic reaction to individual food/drinks or food/drink groups covered by the test. We accept no responsibility for any condition or symptoms that you may develop caused by an allergic reaction.
4.6 You agree that raised levels of IgG antibodies within their blood indicates that an IgG antibody reaction to a particular food or drink has occurred. If you have already taken the decision to eliminate a particular food or drink and have not been eating that food or drink for over six weeks, it may not show up on your Test Results.
4.7 Our IgG antibody tests are not guaranteed to identify food/drink reactions that you suffer from, specifically in the following circumstances:
(a) where any food/drink or food/drink group has not been regularly consumed as part of your diet for at least six weeks prior to the test; or
(b) where you are taking prescribed drugs such as immunosuppressant’s, cytotoxic drugs, or steroids, you understand that reactions may be suppressed but that if reactions are present they may be significant.
4.8 We request that you consult your medical practitioner about any symptoms, and also consult your medical practitioner with your Test Results, particularly in the following circumstances:
(a) if you are unsure of the difference between food sensitivities, food intolerance or food allergies; or
(b) where you are taking any prescribed drugs or medication.
(c) where your results show high levels of reactivity.
4.9 If we offer an allergy test, where you order a Testing Kit for an allergy test, we will test and issue Test Results for your level of IgE mediated food and environmental allergens in the blood. You accept that if you are not currently suffering from clinical symptoms, or have been avoiding a known allergen that this can affect the Test Results and reactions may not show up as positive.
4.10 You accept the presence of IgE antibodies is an indication that you may be allergic to that particular substance (allergen) but is not a definite diagnosis on its own. If you have previously been advised of a food and/or environmental allergy but your Test Result does not show a positive result, you must continue to avoid that known allergen.
4.11 Where you submit the correct blood Sample in relation to any Testing Kits that we offer, then we, or one of our laboratory partners (“Laboratory Partners“), will undertake the test in accordance with its approved procedures. The Test Result will be issued by us.
4.12 Quality control measures will be taken when assessing each Sample to confirm that our test system is working correctly. A Test Result will not be issued by us unless the quality control measures have passed our defined specifications.
4.13 We and our Laboratory Partners do not retain your blood Sample after testing and will only test Samples which you have instructed us to test (by posting the Sample to us). We do not undertake any DNA or genetic testing.
4.14 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
4.15 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
4.16 YorkTest may act as a reseller only of dietary supplements and vitamins. YorkTest does not manufacture or distribute any supplements or vitamins itself.
5. Your rights to make changes
If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8- Your rights to end the contract).
6. Our rights to make changes
6.1 Minor changes to the products. We may change the product:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product.
6.2 More significant changes to the products and these terms. In addition, as we informed you in the description of the product on our website, we may from time to time have to make significant changes to these terms or the product, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
7. Providing the products
7.1 Delivery costs. The costs of delivery will be as displayed to you on our website.
7.2 When we will provide the products. During the order process we will let you know when we will provide the products to you.
(a) If the products are goods (e.g. a Testing Kit). If the products are goods we will deliver them to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.
(b) If the products are one-off services. We will begin the services on the date we accept your order. The estimated completion date for the services is as told to you during the order process.
7.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.4 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
7.5 If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.2 will apply.
7.6 If you do not provide us with a correct Sample. Sometimes a Sample is not sufficient in quality or volume for testing or they fail quality control measures post laboratory testing. In this instance another Sample is required and we may at our discretion issue free of charge another Testing Kit for you to complete and send back. If, despite our reasonable efforts, we are unable to contact you or you do not send us a correct Sample then we may end the contract and clause 10.2 will apply. We cannot be held responsible for the damage, loss or theft of a Sample that has not been received by us.
7.7 Your legal rights if we deliver goods late. You have legal rights if we deliver any goods late. If we miss the delivery deadline for any goods then you may treat the contract as at an end straight away if any of the following apply:
(a) we have refused to deliver the goods;
(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
(c) you told us before we accepted your order that delivery within the delivery deadline was essential.
7.8 Setting a new deadline for delivery. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 7.7, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
7.9 Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under clause 7.8 or clause 7.9, you can cancel your order for any of the goods or reject goods that have been delivered. If you wish, you can reject or cancel the order for some of those goods (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled goods and their delivery. If the goods have been delivered to you, you must post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please contact customer services at [email protected] for a return label or to arrange collection.
7.10 When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us or you collect it from us. Where you have ordered a Testing Kit, then you will be responsible for the Testing Kit while it is in your possession.
7.11 When you own goods. You own a product which is goods once we have received payment in full. Where you have ordered a Testing Kit, then you do not own the Testing Kit and ownership of the Testing Kit remains with us. We are merely providing the Testing Kit to you in order for us to provide you with a Test Result.
7.12 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, your delivery address. If so, this will have been stated in the description of the products on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.13 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
(a) deal with technical problems or make minor technical changes;
(b) update the product to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the product (see clause 6).
7.14 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product for longer than four (4) weeks, we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than four (4) weeks and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
7.15 We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 12.4) and you still do not make payment within seven (7) days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see clause 12.5).
7.16 Test results for your dependent when they reach 18 years old. If you are a Parent or Guardian that has purchased a test for a dependent who is under the age of 18 years old, then when that dependent reaches the age of 18 years old those test results will no longer be provided by us nor available for you to access online. In such circumstances, you should ask your dependent (now over the age of 18 years old) to contact us with regards to any test results that related to them whilst they were a child.
8. Your rights to end the contract
8.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 11;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
(c) If you have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;
(d) In all other cases (if we are not at fault and there is no right to change your mind), see clause 8.6.
8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6.2);
(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than four (4) weeks; or
(e) you have a legal right to end the contract because of something we have done wrong (including because we have delivered late (see clause 7.8).
8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the UK Consumer Contracts Regulations 2013, are explained in more detail in these terms.
8.4 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:
(a) services, once these have been completed, even if the cancellation period is still running;
(b) products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; and
(c) any products which become mixed inseparably with other items after their delivery.
8.5 How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered.
(a) Have you bought services (for example, a Testing Kit)? If so, you have 14 days after the day we email you to confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
(b) Have you bought goods (for example, supplements)?, if so you have 14 days after the day you (or someone you nominate) receives the goods, unless:
(i) Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.
8.6 Ending the contract where we are not at fault and there is no right to change your mind. You can end your contract with us even if we are not at fault and there is no right to change your mind. Please contact us to let us know that you wish to cancel your order. You will receive a refund provided that:
(a) you contact us within 30 days from the date we accept your order (see clause 3.1);
(b) the products remain sealed for health protection or hygiene purposes;
(c) the products have not become mixed inseparably with other items after their delivery; and
(d) the Test Results have not been issued,
if your products have already have been despatched, then a £20 charge per product shall be deducted from your refund to cover our production, shipping and processing costs.
9. How to end the contract with us (including if you have changed your mind)
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a) Email. at [email protected]. Please provide your name, home address, details of the order and, where available, your phone number and email address.
(b) Online. Complete the contact form on our website at Www.Yorktest.Com/Us/Contact-Us/.
(c) By post. Complete the Model Cancellation Form set out in Schedule 1 below and post it to us at the address on the form or simply email our Customer Service Team at [email protected] including details of what you bought, when you ordered or received it and your name and address.
9.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them, post them back to us at Triune Court, Monks Cross Drive, York, YO32 9GZ, UK or (if they are not suitable for posting) allow us to collect them from you. Please email us at [email protected] for a return label or to arrange collection. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
9.3 When we will pay the costs of return. We will pay the costs of return:
(a) if the products are faulty or misdescribed; or
(b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
9.4 What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection. The costs of collection will be the same as our charges for standard delivery, see Https://Www.Yorktest.Com/us/Delivery-Information/.
9.5 How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
9.6 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 working days at one cost but you choose to have the product delivered the next working day at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
(c) Where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
9.7 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
(a) If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 9.2.
(b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind
10. Our rights to end the contract
10.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
(a) where you have ordered a Testing Kit, you do not send the Sample to us within the relevant expiry period as mentioned with the Testing Kit;
(b) you do not make any payment to us when it is due and you still do not make payment within seven (7) days of us reminding you that payment is due;
(c) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, your delivery address;
(d) you do not, within a reasonable time, allow us to deliver the products to you; or
(e) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services, for example, you do not provide us with a Sample or your Sample is not provided correctly.
10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 above, we will refund any money you have paid in advance for products and services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
10.3 We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know at least seven (7) days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
11. If there is a problem with the product
11.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us on the contact details provided above.
11.2 Summary of your legal rights. We are under a legal duty in the UK to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights. For detailed information please visit the UK Citizens Advice website www.adviceguide.org.uk or call + 44 (0)3454 04 05 06.
11.3 If your product is goods, the UK Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
(a) up to 30 days: if your goods are faulty, then you can get an immediate refund.
(b) up to six months: if your goods cannot be repaired or replaced, then you are entitled to a full refund, in most cases.
(c) up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
11.4 If your product is services, for example a testing service, the Consumer Rights Act 2015 says:
(a) you can ask us to repeat or fix a service if it is not carried out with reasonable care and skill, or get some money back if we cannot fix it.
(b) if you have not agreed a price beforehand, what you are asked to pay must be reasonable.
(c) if you have not agreed a time beforehand, it must be carried out within a reasonable time.
11.5 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please contact us on the contact details provided above for a return label or to arrange collection.
12. Price and payment
12.1 Where to find the price for the product. The price of the product (which includes sales tax) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the product you order.
12.2 We will pass on changes in the rate of sales tax. If the rate of sales tax changes between your order date and the date we supply the product, we will adjust the rate of sales tax that you pay, unless you have already paid for the product in full before the change in the rate of sales tax takes effect.
12.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
12.4 When you must pay and how you must pay. We accept payment with Visa, MasterCard, American Express, PayPal, Maestro and Delta card and some other payment methods from time to time. If you have placed an order by writing to us, then you can send a cheque for the full amount due. Other methods of payment may be accepted at our discretion. You must pay for products and services that you order before we dispatch them. Where you have paid by cheque, we will not despatch your order until the monies have transferred into our account.
12.5 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of HSBC’s bank from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
12.6 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
13. Our responsibility for loss or damage suffered by you
13.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 11.2. With regards to dietary supplements and vitamins provided by third party companies, such as Bionutri, we accept no legal liability for the content, quality, effectiveness, safety or claims of potential health benefits of any such supplements or vitamins, where such legal liability resides with the manufacturer and distributor of these products. YorkTest acts as a re-seller only for any supplements or vitamins if these are offered.
13.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14. How we may use your personal information
15. Other important terms
15.1 Vouchers. Any vouchers accrued through our ‘refer a friend scheme’ will be paid 30 days after purchase and the relevant test has been taken and Test Results issued.
15.2 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. If you are unhappy with the transfer you may contact us to end the contract within 14 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.
15.3 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
15.4 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
15.5 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.6 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
15.7 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
16. Disclaimer of Warranties. You understand that we cannot and do not guarantee or warrant that authorized files or content available for downloading from the Site or the internet will be free of viruses, malware or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUS OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AT YOUR OWN RISK, AND WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WE NOR ANY OF OUR PROVIDERS, PARTNERS, AFFILIATES, OR NUTRITIONAL THERAPISTS OR HEALTH CONSULTANTS MAKE ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, CURRENCY, ACCURACY, AVAILABILITY OR OPERATION OF THE SITE, OR THE INFORMATION OR CONTENT INCLUDED THEREON. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANYONE ASSOCIATED WITH US REPRESENT OR WARRANT THAT THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE, OUR (AND OUR SERVICE PROVIDERS’) SERVERS, THE CONTENT, OR COMMUNICATIONS SENT FROM OR ON BEHALF OF US ARE FREE OF VIRUSES SCRIPTS, TROJAN HORSES, WORMS, MALWARE, TIME BOMBS OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS, EXPECTATIONS, OR REQUIREMENTS OR ACHIEVE ANY INTENDED RESULTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE, ON OUR OWN BEHALF AND ON BEHALF OF OUR AFFILIATES AND OUR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SITE AND THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA AND SYSTEM INTEGRATION, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OF THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
17. Limitation on Liability. IN NO EVENT WILL WE, OUR AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, PROPERTY DAMAGE, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, BUSINESS INTERRUPTION, LOSS OF USE, LOSS OF GOODWILL, LOSS OR CORRUPTION OF DATA, COST OF SUBSTITUTE GOODS OR SERVICES, OR COMPUTER FAILURE OR MALFUNCTION.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR AFFILIATES, OR ANY OF OUR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE OR THE SERVICES FOR:
- ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN, THROUGH, OR FROM THE SITE OR THE SERVICES;
- YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
- THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES;
- THE IMPROPER AUTHORIZATION FOR THE SERVICES BY SOMEONE CLAIMING SUCH AUTHORITY; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES.
THESE LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OR CAUSE OF ACTION AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE OR THE SERVICES, OR ANY RELATED SERVICES. THE OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OUR CONTROL. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE SITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS, OR SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, DATA, AND INFORMATION SUBMITTED TO THE SITE.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE OR THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE OR THE SERVICES. OUR AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SITE OR THE SERVICES IS LIMITED TO THE LESSER OF (I) THE AMOUNT OF FEES ACTUALLY PAID BY YOU FOR USE OF THE SERVICES OR (II) TEN DOLLARS (U.S. $10.00).
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE § 1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. IF YOU ARE A RESIDENT OF A STATE WITH PROTECTIONS SIMILAR TO CALIFORNIA CIVIL CODE § 1542, YOU HEREBY WAIVE SUCH PROVISIONS OR PROTECTIONS.
21. Links to other Websites and Resources. If the Site contains links to other websites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
23. State restrictions. We are unable to sell in NY and you agree not to purchase from our Site in this State.