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CIRCULAR1 HEALTH

TERMS & CONDITIONS (These terms are specific to Circular1 Health)

1. Service

a. “We” are Circular1 Health Ltd, a company registered under company number 12700350. Circular1 Health Ltd, a company registered in England, UK and with our registered office at 31 Lonsdale Street, Carlisle CA1 1BJ. Further will be referred to as Circular1 Health.

b. “You” are the customer and have either accessed our website, entered one of our laboratories, clinics or called our telephone number and intends to place or has placed an order for our Product(s).

c. Throughout our service, website and during any telephone call or written correspondence between you and us these terms and conditions along with our Privacy policy will apply. If there is any conflict between these Terms and any terms or conditions found elsewhere on our website, or in any written or verbal communication between you and us, these Terms will prevail.

d. By purchasing our service you are giving Circular1 Health your informed consent to perform the tests you have ordered.

e. Services are offered subject to availability at the times of booking. Circular1 Health may, at any time, without notifying the client make any change to the Services which are necessary to comply with any applicable safety or other statutory requirements, or which are deemed necessary by the business to uphold standards of service. In any event, Circular1 Health maintains that you the customer will not be disadvantaged.

f. Scientific research is continually unveiling new markers of disease and identifying additional roles for existing markers. Circular1 Health reserves the right to update or amend tests included in all available services without notice.

g. Circular1 Health recommends two levels of Preventive Health Programmes for valuable service provision. Should a client select or request alternate services, they do so at their own risk. Any deviation from the recommended “Tailored” may not necessary benefit you as a customer.

h. Tailored testing or alternative/additional services are not in line with the recommended Circular1 Health Preventive Health Programmes. Circular1 Health reserves the right not to specialise in, interpret or consult upon tailored tests. Such services are subject to different costs, timeframes and Circular1 Health cannot be held responsible or liable for any services selected by any client.

i. You acknowledge that the testing included in Preventive Health Programmes provided by Circular1 Health can potentially help identify signs and risk factors for potential health problems. Although comprehensive in nature, these Programmes cannot screen for all possible diseases or health conditions.

j. Based on the results of your test(s) and/or other information that you have provided to us, we may recommend that you inform your referring agency (employer / organisation), your GP, or seek advice from your usual healthcare provider. You agree that you are solely responsible for acting on such guidance and that Circular1 Health accepts no liability in the event you choose not to do so.

k. You should not use our services in an emergency, or if you have a condition that you know will require a physical examination. Circular1 Health specialises in wellbeing, we are not designed for acute emergency service.

l. Validated reference ranges determine whether a result is in range or out of range. Reference range is the range of values for a physiologic measurement in healthy persons. A test result that is in range does not guarantee that an individual is completely free of any health problem or disease. Equally, an out of range result is not a definitive indication that a health problem is present. Should the laboratory supplier fail to provide reference ranges for any test or service, Circular1 Health may deem it inappropriate to report the result. On occasion, inter-laboratory variability exists. Circular1 Health does not accept any responsibility in overseeing long term trends.

m. Circular1 Health Preventive Health Programmes include many markers that are not routinely available. The information included in a Circular1 Health report regarding the potential implications and clinical significance of an out range marker, and the set reference ranges are based on current evidence from scientific and medical research. All information is assumed correct at the time of printing; however, future research into markers of disease may alter clinical significance and Circular1 Health will amend prospective reports accordingly.

n. Results may vary depending on the individual’s medical history, current health problems and medications (prescribed or otherwise), or supplements and consideration of all such factors is necessary when interpreting results. You acknowledge that the Services provided are not a substitute for a medical diagnosis or consultation with a GP. Furthermore, you accept that test results can vary over time and may change if repeated in the future.

o. References ranges do not consider pregnancy or paediatrics, and therefore some test results may vary in pregnant women and children.

p. In the unlikely event that a client’s test result is above or below a critical threshold and requires more immediate attention, a member of the Circular1 Health will contact the client, (usually by telephone) as soon as the test result becomes available and subject to the contact details provided by the client being correct and attainable. Circular1 Health does not accept any responsibility for any incorrect contact details provided.

q. As part of your Preventative Health Programme, Circular1 Health Scientific Consultants will discuss and explain testing and associations during your consultation; however, if you require further medical input we strongly encourage you to discuss with your GP or usual your usual healthcare provider.

r. Circular1 Health will use its reasonable endeavours to provide the Services within the timescale indicated to the client; however, the timescale should be regarded as provisional and Circular1 Health will not be liable for any delay in providing or completing the Services.

s. Circular1 Health strives for excellence and accuracy when reporting test results. However, on rare occasions, anomalies can occur during laboratory analysis, for example, issues with sample collection or processing errors. Circular1 Health will endeavour to identify and correct any such issue. Additional samples may be required, if remaining sample is insufficient for repeat analysis. And as a consequence results/reports may be delayed or the client may receive an interim report temporarily whilst total results are compiled for the client.

t. You will be asked to complete a short personal medical lifestyle questionnaire. This information is required to generate your personalised results report. You accept responsibility that the information that you provide in the questionnaire is accurate. If you do not wish to provide this information, we may be unable to provide our services.

u. You accept and consent that the information that you provide will be used by Circular1 Health for the purposes of preparing your results.

v. Circular1 Health may use your information for scientific research and development. We are permitted to use this information with anonymisation carried out. All personal identifiable information is removed. Please refer to our Privacy Policy for more information.

2. Quality, Regulation and Confidentiality

a. Circular1 Health work to a certified Quality Management System to control key business and supporting activities. We are regulated by the UK’s Care Quality Commission and also work to ISO9001 Quality Management System standard.

b. All Circular1 Health medical personnel are enrolled, registered and regulated by the relevant Professional Councils.

c. Circular1 Health cannot be held liable for the actions or advice from consulting practitioners.

d. Circular1 Health applies a strict confidentiality policy in relation to client’s personal information, in additional, it adheres to guidelines of the General Data Protection Regulation (GDPR) (formerly, Data Protection Act, 1998).

e. Circular1 Health wish to resolve any issue easily and promptly, often at the time the problem arises. If we cannot resolve an issue immediately, then the client may choose to raise a complaint, as per our complaints process. We aim to make a full response within 28 days after a full investigation. The complaint will be processed in a professional manner and will not affect services you may receive in the future.

f. Unless a written authorisation is provided by the client, Circular1 Health will not release any information to third parties, regardless of the person or company making payment for the services. Clients who request for information to be sent or shared are waiving their data protection rights. Circular1 Health reserves the right to ask for such requests in writing from the client with clear details of the data shared and relevant contact information. Circular1 Health cannot be held liable for not sharing client data with any third party, in the absence of the client’s clear consent; regardless of repercussion.

g. You accept that Circular1 Health uses a secure and confidential online portal to release electronic results. Only in exceptional circumstances will Circular1 Health email results to private email addresses. Circular1 Health has no liability for the confidentiality of personal or medical data transmitted electronically.

h. You acknowledge that you will receive a hardcopy of your results in the post. It is your responsibility to ensure that Circular1 Health has the correct information pertaining to postal address.

3. Samples and Test Results

a. You acknowledge that certain tests may have special sample requirements. Circular1 Health will provide you with clear instructions and it is imperative that you follow these instructions to ensure reliable test results.

b. Please ensure that you arrive for appointments in good time. If you do not attend pre-booked appointments, or you are late or cancel without reasonable notice you may be liable for cancellation charges and/or further costs to rebook your appointment (see Section 4).

4. Account Information and Refunds

a. If your personal details (address, telephone number, email address) change during the provision of the service, it is your responsibility to advise us. This can be facilitated via your online portal or contacting a Personal Coordinator on +44(0)1556510576.

b. You accept and acknowledge that a fee of £25 will apply to all sample collection, if you fail to attend or fail to notify of cancellation at least 24 hours in advance of the scheduled appointment.

c. You understand that Circular1 Health operates a no refund policy on all payments. Appointments can be rescheduled or cancelled and credit applied, to be used within 12 months against any Circular1 Health services.

d. Circular1 Health reserves the right to cancel or reschedule appointments, but will endeavour to accommodate the client, where possible.

e. All bookings are subject to prepayment and availability. Circular1 Health reserves the right to refuse bookings and individual requests, with managerial discretion applicable throughout the service.

f. Circular1 Health accepts payment by BACS.

g. Bookings are not secured without payment; services (including reporting results) may not be scheduled or delivered without prepayment.

5. Our Liability

a. Circular1 Health warrants and covenants that it will obtain all consents and permissions required (whether by law (including under the data protection legislation), good medical practice or otherwise) in order to permit the conduct of the tests on the samples of parties connected with the Client.

b. Circular1 Health shall not be liable in respect of the Services in contract, tort or otherwise howsoever arising from any claim, damage, loss or costs in respect of:

(i) any direct loss of profit;

(ii) any direct loss of anticipated savings; or

(iii) any indirect or consequential loss or damage howsoever caused including without limitation, any indirect loss of profit, loss of anticipated profit including loss of profit on contracts, loss of the use of money, loss of anticipated savings, loss of business, loss of opportunity, loss of goodwill, loss of reputation; and/or loss of data.

c. To the extent not covered by any other limitations the maximum liability of Circular1 Health to the Client under or in connection with this Agreement, whether arising in contract, tort, negligence, breach of statutory duty or otherwise, shall be £2,000,000.

d. The limitations in section 5 shall only apply where permitted under applicable law.

6. Governing Law and Jurisdiction

a. These terms and conditions (and any disputes, controversy, claim or proceedings of whatever nature arising out of them or out of or in connection with the use of this site) shall be subject to and governed by English law. The parties hereby irrevocably submit any such disputes to the exclusive jurisdiction of the English courts.

7. Other Limitations and Restrictions on the use of Services

a. We do not guarantee the availability of any particular Scientific Consultant at any particular time. We will do what we can to arrange a consultation as soon as possible, but do not guarantee to offer consultations within a particular time. Consultations generally are limited to 30 minute durations.

b. Medical Practitioners may hold different clinical opinions on the same medical condition or symptoms and provided these opinions are reasonably held, the fact that two or more Practitioners give different opinions in the course of service provision does not necessarily indicate that our services are defective. Circular1 Health is not liable for information provided by Medical practitioners.

c. We do not tolerate abuse or offensive behaviour towards Staff.

8. Indemnity

a. Whether employed or otherwise and shall indemnify and hold harmless Circular1 Health and the members of its group and their respective directors, officers, employees and agents, in respect of all liabilities, costs, claims, loss, damage, demands, action and expenses (to include any settlements or ex-gratia payments and reasonable legal and expert costs and expenses) arising directly or indirectly from any breach of this paragraph.