Terms and conditions
This page (together with the documents referred to on or in it) tells you information about us and the legal terms and conditions (Terms) on which you take part in a study, test or research project (Activity) which is run by researchers (Researchers), through our website.
Please read these Terms carefully and make sure that you understand them before participating in an Activity.
We amend these Terms from time to time as set out in clause 8. Please check these terms every time you wish to participate in an Activity to ensure you understand the terms which will apply at that time.
1. Information about us
1.1 This website is operated by Sano Genetics Limited, a company registered in England and Wales under company number 10636359 and our registered office address is at Salisbury House, Station Rd, Cambridge CB1 2LA.
1.2 To contact us, please email email@example.com.
2. Participating in an Activity
2.1 We provide various services including genetic testing and induced pluripotent stem cell induction. We act as an intermediary between Researchers who need data for an Activity, and individuals like you who supply the data for that Activity.
2.2 You may only take part in an Activity if you are at least 18 years old.
3. Testing kits
3.1 If necessary for an Activity, we will send you a testing kit so that you can provide us with a blood or saliva sample. Depending on the Activity, a testing kit may either be free of charge or for a fee. We will let you know whether a fee will be charged for a testing kit before you agree to participate in an Activity.
3.2 Once you have provided us with your sample and returned the testing kit to us, we will send your sample to a third party who will analyse it for us, so we can then send it to the Researchers for the purpose of carrying out the Activity.
3.3 Although we will make every effort to be as accurate as possible, given the nature of some Activities, there is margin for error. We will use reasonable endeavours to ensure that any analysis of your sample is accurate.
3.4 In the unlikely event of an incorrect analysis, we may, at our discretion, provide you with another testing kit, free of charge, or refund your original payment.
3.5 Any samples, drawings, descriptive matter, advertising or illustrations on our site are for the sole purpose of giving an approximate idea of the Activities. They shall not form part of our contract with you or have any contractual force.
4. Price for the testing kit and contract formation
4.1 If you are required to pay for a testing kit, we will notify you of the price before the order is placed.
4.2 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an email confirming your order for a testing kit (Dispatch Confirmation).
4.3 Your payment will be processed by Stripe.
4.4 The price of the testing kit will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices of testing kit are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of a testing kit you ordered, please see clause 4.6 for what happens in this event.
4.5 The price of a testing kit includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being.
4.6 If we discover an error in the price of the testing kit you have ordered we will inform you to inform you of this error and we will give you the option of continuing to purchase the testing kit at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
4.7 Our contract with you (Contract) will form once we have sent you the Dispatch Confirmation.
5. Fee for the Activity
5.1 You may receive a fee from the Researchers in consideration of your participation in an Activity (Fee). The amount of the Fee will be notified to you when the Activity is first advertised on our website, and before you agree to participate in the Activity.
5.2 We will issue the Fee to you as soon as possible and within at most 28 days after the Activity has concluded.
5.3 Please note that we act as an intermediary between the Researchers and you. We are therefore not responsible or liable towards you for any acts or omissions of the Researchers.
6. Your obligations
6.1 You shall:
6.1.1 co-operate with us in all matters relating to the Activity you have chosen to participate in;
6.1.2 provide us with such information, samples and materials as we may reasonably require so that you can take part in the Activity, and ensure that such information is accurate in all material respects; and
6.1.3 keep and maintain all materials, testing kits, documents and other property of ours in safe custody and in good condition until returned to us and not dispose of or use them other than in accordance with our instructions.
6.2 If our performance of any of our obligations under this Contract is prevented or delayed by any act or omission by you or failure by you to perform any relevant obligation (Your Default) we shall have the right to suspend your participation in the Activity until you remedy Your Default, and to rely on Your Default to relieve us from the performance of our obligations to the extent that Your Default prevents or delays our performance of any of our obligations.
6.3 You warrant that:
6.3.1 you are legally entitled to possession of the samples you provide to us. We recommend you seek independent legal advice about your entitlement to take or obtain samples of biological material from persons other than yourself; and
6.3.2 you are not suffering from mental disorder (within the meaning of the Mental Health Act 1983) and are capable of understanding the nature and purpose of the test.
7. How we use your personal information
7.1 For the purposes of this clause, Personal Data has the meaning set out in the General Data Protection Regulation (GDPR).
7.2 We will collect your Personal Data when:
7.2.1 you create an account with us;
7.2.2 make a payment to us; and
7.2.3 provide us with samples from testing kits.
7.3 Our lawful basis for processing your Personal Data is:
7.3.1 processing is necessary for the performance of the Contract with you, in respect of the Personal Data you provide when creating an account with us and making a payment to us; and
7.3.2 your explicit consent, in respect of the Personal Data contained in the samples.
7.4 In order for us to comply with your request to partake in an Activity, we may be required to share your Personal Data with third parties responsible for genetic testing, induced pluripotent stem cell induction, or the Researcher responsible for the Activity.
7.6 We will retain all samples from testing kits for 20 years before destroying them securely, unless you have consented to us using your sample for any follow-up studies, in which case we will retain your sample for a further 20 years.
7.7 We will retain all results and other information for 20 years from the date of production before destroying them securely.
7.8 If you have any questions about how we handle your personal data, please contact us at firstname.lastname@example.org.
8. Our right to vary these terms
8.1 We may revise these Terms from time to time in the following circumstances:
8.1.1 changes in how we accept payment from you; and
8.1.2 changes in relevant laws and regulatory requirements.
8.2 Whenever we revise these Terms in accordance with this clause 8, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of them.
9. Your consumer right of return and refund
9.1 You have a legal right to cancel a Contract under the consumer legislation during the period set out below in clause 9.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to proceed, you can notify us of your decision to cancel the Contract and receive a refund.
9.2 Your cancellation rights in relation to clause 9.1 are set out in clauses below. Please note that these cancellation rights do not apply in the case of any services which are clearly personalised.
9.3 You have a right to cancel a Contract within 14 days after the day on which the Dispatch Confirmation is sent to you.
9.4To cancel a Contract, please fill out and submit the Model Cancellation Form (see below)
9.5 You will receive a full refund of the price you paid for a testing kit. We will process the refund due to you as soon as possible and, in any case, within 14 days of the day on which you gave us notice of cancellation as described in clause 9.4.
9.6 We refund you on the credit card or debit card used by you to pay.
9.7 If a testing kit was delivered to you:
9.7.1 you must return the testing kit to us as soon as reasonably practicable.
9.7.2 you have a legal obligation to keep the testing kit in your possession and to take reasonable care of the testing kit while it is your possession.
9.8 9.8 For any further information about your rights as a consumer, please visit the Citizens Advice website: https://www.citizensadvice.org.uk/.
10.1 The testing kit will be delivered by the estimated delivery date set out in the Dispatch Confirmation, unless there is an event outside our control (Force Majeure Event). Please refer to clause 12 for more information about Force Majeure Events.
10.2 Delivery will be completed when we deliver the testing kit to the address you gave us.
11. Our liability towards you
11.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
11.2 We only supply the testing kit for domestic and private use. You agree not to use the testing kit for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
11.3 We do not in any way exclude or limit our liability for:
11.3.1 death or personal injury caused by our negligence;
11.3.2 fraud or fraudulent misrepresentation; and
11.3.3 any terms which cannot be excluded under applicable law.
12. Force Majeure
12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by a Force Majeure Event. A Force Majeure Event is defined below in clause 12.2.
12.2 A Force Majeure Event means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
12.3 If a Force Majeure Event takes place that affects the performance of our obligations under a Contract:
12.3.1 we will contact you as soon as reasonably possible to notify you; and
12.3.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Force Majeure Event. Where the Force Majeure Event affects our delivery of testing kits to you, we will arrange a new delivery date with you after the Force Majeure Event is over.
13. Communications between us
13.1 When we refer, in these Terms, to "in writing", this will include e-mail.
13.2 If you wish to contact us in writing, you can send this to us by e-mail or by pre-paid post to email@example.com.
13.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
14. Other important terms
14.1 We may transfer our rights and obligations to another organisation, but this will not affect your rights or our obligations under these Terms.
14.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
14.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
14.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
14.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
14.6 These Terms are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
Model Cancellation Form
(Complete and return this form only if you wish to withdraw from the contract)
To Sano Genetics Limited, Salisbury House, Station Rd, Cambridge CB1 2LA
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s), Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate