ALGOCYTE SERVICES TERMS AND cONDITIONS
OXFORD
IMMUNE ALGORITHMICS LTD
These
terms tell you the rules for using our Algocyte platform, accessible via our
site https://uk.algocyte.com
and/or our Algocyte mobile app, and the Services provided by, and via, the
Algocyte platform. Please read these terms and conditions carefully before
using our Services.
1.
Overview
Algocyte is a
personal medical data platform provided both on a website and on a mobile app.
Through it, Users can review and share personal medical data that has been, or they
have, uploaded onto the platform. Access to the Algocyte platform is provided free
of charge.
The Algocyte
Service is a blood testing service provided via the Algocyte platform. Through
it, Subscribers can have their blood analysed via the provision of a home blood
testing kit, called the Algocyte Kit, and the analysis results uploaded onto
the Algocyte platform. The Algocyte Service is provided at a cost.
You need to
be an Algocyte platform User to Subscribe to the Algocyte Service, but you need
not Subscribe to the Algocyte Service in order to use the Algocyte platform
itself.
These terms of
use cover use of the Algocyte platform. Appendix 1 provides the additional terms of
use which cover paid access to the Algocyte Service as accessed via the
Algocyte platform.
2.
Introduction
The Algocyte
platform is provided both via a website and a mobile app, operated by Oxford
Algorithmics Ltd (OIA/we/our/us). We are registered in England and Wales under
company number 11588155 and have our registered office at Davidson House, The
Forbury, Reading, England, RG1 3EU and our VAT number is GB314398694.
To contact
us, please email support@algocyte.com,
telephone our Customer Service line on 0118 228 0980, or write to us at 6
Richfield Place, 12 Richfield Avenue, Reading, RG1 8EQ.
If we have
to contact you, we will do so by contacting you at the email address or
telephone number you provided to us when signing up to access the Algocyte
platform.
By using our Algocyte platform, you confirm you accept these general
terms of use and that you agree to comply
with them. By using the optional Algocyte Service, you confirm you accept the
further, specific terms of use in Appendix 1 and
that you agree to comply with them also.
If you
do not agree to these terms, you must not use our Services. We recommend that
you print a copy of these terms for future reference.
There
are other terms that may apply to you
These terms
of use refer to the following additional terms, which also apply to your use of
our Services:
·
Our Privacy Policy,
which sets out the terms on which we process any personal data we collect from
you, or that you or third parties might provide to us
·
Our Cookie Policy,
which explains how we, or third parties, may use cookies
·
The agreement between you and your Provider for
access to the Algocyte Service
We may make changes to these terms
We amend these terms from time to time. Every time you wish to use
our Services, please check these terms to ensure you understand the terms that
apply at that time.
Definitions
The
following definitions are used throughout these terms:
·
OIA: Oxford Immune Algorithmics Ltd., the end provider
of the Algocyte platform and Algocyte Service
·
Services: the services provided by OIA, being
the Algocyte platform and the Algocyte Service
·
User: you, the individual signing up to access
the Algocyte platform. Each individual User is allocated an individual User account
on the Algocyte platform
·
Subscriber: an individual Subscribing to the optional
Algocyte Service, should they choose to do so
·
Provider: a healthcare provider, who may
organise and oversee the testing regime of a Subscriber. Each individual
Provider is allocated an individual User account on the Algocyte platform. It
is not necessary to have a Provider to become a User or Subscriber
·
Subscribe: entering a contract to pay for the Algocyte
Service, and providing the necessary details to do so
·
Subscription: your agreement to pay for the Algocyte
Service, including the agreed frequency of payments and Algocyte Kit provision
·
Algocyte Kit: a home blood testing kit provided
as part of the Algocyte Service
·
Algocyte Service: a home blood testing service
provided via the Algocyte platform, comprising issue of the Algocyte Kit, postage
and analysis of the blood test, and uploading the blood test result onto the
Algocyte platform
3.
Our Services
The Algocyte
platform allows Users to access their blood test results and trends, and to
screen their blood test results. It also allows them to authorise any other User
to access and remotely monitor their blood test results and trends, and to
screen their blood test results.
If you
become a Subscriber to the Algocyte Service, blood samples will be collected via
our Algocyte Kits, sent directly to your home. The Algocyte Kit will contain
instructions on how to use it and on posting it back to us.
If you
become a Subscriber to the Algocyte Service and you have a Provider, they may supply
you with the Algocyte Kit at their clinic. If the Provider is managing the
blood collection, then they will post the blood sample to us. It is not
necessary to have a Provider to Subscribe to the Algocyte Service.
Once the blood
analysis has been performed, we will notify you of your results. If you have given any other Users access
to your data, they will also be notified, which will include your Provider if
you have one.
If you wish
to become a Provider of the Algocyte Service, please contact us to discuss.
We
may make changes to our Services
We may update and change our Services from time to time, for example
to reflect changes in relevant laws and regulatory requirements, or to
implement minor technical adjustments and improvements. Such changes may affect
the experience provided when accessing our Services, but will not prevent use
of the Service itself. We will try to give you reasonable notice of any major
changes.
We may suspend or withdraw our Services
We do not guarantee that our Services will always be available or be
uninterrupted. We may suspend, restrict or withdraw the availability of all or
any part of our Service for business and operational reasons. We will try to
give you reasonable notice of any suspension or withdrawal.
Warranties
and Guarantees
We exclude all implied conditions, warranties, representations or
other terms that may apply to the Services or any data or content provided by the
Services.
The Services are provided on an “As is”
and “As available” basis, and we do not represent, warrant or guarantee that:
a)
The Services will meet your requirements;
b)
The Services will be uninterrupted, timely,
secure or error-free; or
c)
Any products, services, information or other
material purchased or obtained by you though the Services will meet your
personal expectations or be of a certain quality.
The use of our Services
is at your sole risk. The information on the Algocyte platform is not medical
advice. You must obtain professional advice before beginning, adjusting or
delaying any particular course of action on the basis of information provided by
the Algocyte platform.
4.
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.
5.
You must keep your algocyte
Account details safe
If you
choose, or you are provided with, a username, password or any other piece of
information as part of our security procedures, you must treat such information
as confidential. You must not disclose it to any third party.
We have the
right to disable any user or password, whether chosen by you or allocated by
us, at any time, if in our reasonable opinion you have failed to comply with
any of the provisions of these terms of use.
If you know
or suspect that anyone other than you knows your user identification code or
password, you must promptly notify us at support@algocyte.com.
6.
How we may use your
personal information
We will only use your personal information as set out
in our Privacy Policy.
It is possible through the Algocyte platform for Users
to share their data with other Users, including their Provider if they have one.
You will be asked to provide your explicit consent to
the processing of your personal data and the sharing of your data by us, in
order to permit this.
7.
How you may use our Services
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.
You must not
use any part of the content from our Services 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 Services in breach of these terms of use,
your right to use our Services will cease immediately and you must, at our
option, return or destroy any copies of the materials you have made.
You may not use our Services:
·
In any way that breaches any applicable local,
national or international laws or regulations;
·
In any way that is unlawful or fraudulent, or
has any unlawful or fraudulent purpose or effect;
·
To transmit, or procure the sending of, any
unsolicited or unauthorised advertising or promotional material or any other
form of similar solicitation (spam);
·
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; or
·
In any manner that interferes with, damages or disrupts
our operations, business, equipment, network, software or websites, or that
owned or used by any third party.
Failure to comply with these terms of use is a material breach of
the terms on which you are permitted to use the Services. This may result in
our taking all or any of the following actions:
·
immediate, temporary or permanent withdrawal of
your right to use the Services;
·
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; or
·
disclosure of such information to law
enforcement authorities as we reasonably feel is necessary or as required by
law.
8.
We are not responsible for websites we link to
Where our Algocyte
platform provides links to other sites 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 or information you may
obtain from them. We have no control over the contents of those sites or
resources.
9.
We are not responsible for viruses
We do not guarantee that our Algocyte 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 Algocyte platform. You should use your own virus protection
software.
10.
Our responsibility for loss or damage suffered
by you
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 and for
fraud or fraudulent misrepresentation.
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 reliance on any data or content provided
by, the Services; or
·
inability to use the Services.
Please note
that we only provide our Services for domestic and private use. You agree not
to use our Service for any commercial or business purposes, and we have no
liability to you for any loss of profit, loss of business, business
interruption, or loss of business opportunity.
By accepting
these Terms and using our Services, you agree that you shall indemnify and hold
harmless OIA and each of their affiliates, licensors, and each of their
officers, directors, other users, employees, attorneys, and agents from and
against any and all claims, costs, damages, losses, liabilities and expenses
(including attorneys' fees and costs) arising out of or in connection with:
·
your violation or breach of these Terms or any
applicable law or regulation, whether or not referenced herein;
·
your violation of any rights of any third party;
or
·
your use or misuse of the Services.
11.
Rules about linking to our Service
You may link
to our Algocyte platform home page, provided you do so in a way that is fair
and legal and does not damage our reputation or take advantage of it. You must
not establish a link in such a way as to suggest any form of association,
approval or endorsement on our part where none exists.
We reserve the right to withdraw linking permission
without notice.
12.
Intellectual property rights
We are the
owner or the licensee of all intellectual property rights in our Services, and
in the material published in the provision of these Services. Those works are
protected by copyright laws and treaties around the world. All such rights are
reserved.
By using
our Services you agree not to infringe our intellectual property rights (or
those of any third party) except to the extent that such use is licensed by
these terms.
13.
Which country's laws
apply to any disputes?
Please note that these terms of use, their subject
matter and their formation, are governed by English law. You and we both agree
that the courts of England and Wales will have exclusive jurisdiction except
that if you are a resident of Northern Ireland you may also bring proceedings
in Northern Ireland, and if you are resident of Scotland, you may also bring
proceedings in Scotland.
14.
Other Important Terms
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.
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.
Algocyte Service Subscriber
TERMS OF USE
These
terms tell you the rules specific to using our Algocyte Service. It is not
compulsory to Subscribe to the Algocyte Service to be a User of the Algocyte platform
more generally, but these terms will apply should you choose to Subscribe to the
Algocyte Service. The Algocyte Service may be accessed directly by Subscribers
and can also be accessed by your Provider, if you have one. Please read these
terms and conditions carefully before using our Services.
1.
Accessing our Algocyte Service. You can access our Algocyte Service directly
through the Algocyte platform. You do not need to commit to periodic payments
to become a Subscriber to the Algocyte Service.
2. Using the Algocyte Service. Upon becoming a User of the Algocyte platform, you will be asked
to accept these terms and conditions for our Algocyte Service. Orders can only
be accepted after you have become a User of the Algocyte platform, which will
also signal acceptance of the Terms of Use for the Algocyte Service. Once your
first order has been accepted and payment has been made, you will become a
Subscriber to the Algocyte Service and we will email you to acknowledge that we
have received your order. However, our acceptance of your order will only take
place when we write to you to accept it, at which point a contract will come
into existence between you and us. If your access to
the Algocyte Service is being organised by your Provider, then the contract
will exist between OIA and your Provider.
3.
Placing an order. You may purchase occasional or periodic Algocyte Kits through the
Algocyte Service. Payment details will be required upon your first
order, and will be stored for future orders. Payments will be processed by a
vetted payment provider.
4.
If we cannot accept your order. If we are unable to accept your
order, we will inform you of this in writing and will not charge you for the Algocyte
Service. This might be because our Algocyte Kits are out of stock, because of
unexpected limits on our resources which we could not reasonably plan for or
because we have identified an error in the price or description of the Algocyte
Service.
5.
Your order confirmation. Once we accept your order, we will provide
you with an order number. It will help us if you can tell us the order number
whenever you contact us about your order.
6. Subscription service. You may purchase recurrent
Algocyte Kits through a Subscription to the Algocyte Service. Your application
for a Subscription constitutes an offer to us to buy the Algocyte Service via
our Subscription service, which enables you to receive an Algocyte Kit on a regular
basis (e.g. every month). By subscribing to the Algocyte Service, you are
agreeing to pay recurring periodic Subscription charges for an indefinite time
until cancelled by you in accordance with these terms, set out here. Our acceptance of your Subscription
will only take place when we email you accepting your Subscription request, at
which point a contract will come into existence between us.
7.
Subscription payments. Our Subscription service consists of
an initial charge followed by recurring periodic Subscription charges as agreed
to by you. By entering into a Subscription contract with us, you acknowledge
that your Subscription has an initial and recurring payment feature and you
accept responsibility for all recurring charges prior to cancellation. We may
submit periodic charges without further agreement by you, until you give us
notice that you wish to terminate your Subscription in accordance with these
terms, or you wish to change your method of payment. Such notice will not
affect charges submitted before we could reasonably act. To terminate your
authorisation or change your payment method, you must contact
us.
8.
Where we sell the Algocyte Service. We only provide the Algocyte Service
to patients located in the UK. Unfortunately, we do not accept orders from or
deliver testing kits to addresses outside the UK.
9.
We are not responsible for delays outside our
control. If the Algocyte
Service 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 the Algocyte Service you have paid
for but not received.
10. What to do if you do not receive your Algocyte Kit. If you do not receive your Algocyte Kit,
please let us know and we will post a testing kit to you directly, unless we
have notified you that we cannot accept your order.
11. Delivery costs. No delivery costs apply to the delivery of the Algocyte Kit.
12.
Blood testing process and time frame. Once the contract between us has come
into existence and we have received your blood sample, it may take up to 2
weeks for us or our subcontractor to process it and conduct the analysis. Once
the analysis has been performed, we will notify you of your results.
13. Ownership of and responsibility for Algocyte Kit. The Algocyte Kit issued to you will
remain our property, but will be your responsibility from the time you take
possession of it until you post it back to us.
14. Contaminated blood sample. If we cannot
conduct the blood analysis because your sample has been contaminated or has deteriorated,
we will securely destroy that sample and we will initially send another Algocyte
Kit directly to you, at no additional cost to you. If you would prefer to
provide another blood sample, you can order additional Algocyte Kits through
the Algocyte platform. In order to avoid contamination or deterioration of the
sample, it is important that you carefully follow the instructions provided to
you. Once a new sample has been taken, this should be returned to us as
described above. We reserve the right to charge for replacement Algocyte Kits
where it might reasonably be concluded that the Subscriber is at fault for
repeated failed samples.
15. What will happen if you do not give required information to us. We may need certain information from
you so that we can provide the Algocyte Service to you, which is not necessary
to become a User of the Algocyte platform. You will be advised of any missing
information during the ordering process.
16. Reasons we may suspend the provision of the Algocyte Service to you. We may have to suspend the provision of the Algocyte Service to:
(i)
deal with technical problems or make minor
technical changes; or
(ii)
update the Algocyte Service to reflect changes
in relevant laws and regulatory requirements.
17. Your
rights if we suspend the provision of the Algocyte Service. We will contact you in advance to tell you that we will be
suspending the provision of the Algocyte Service, unless the problem is urgent
or an emergency. You may contact us to end the contract for the provision of
the Algocyte Service if we suspend it, or tell you we are going to suspend it,
in each case for a period of more than 1 month and we will refund any sums you
have paid in advance for the Algocyte Service. If we have already received your
sample, we will, of course, destroy it securely.
18.
You can always end your contract with us. Your rights when you end the contract
will depend on the reason for ending the contract:
(i)
If the Algocyte Services provided are faulty
or misdescribed you may have a legal right to end the contract (or to get the Algocyte Service re-performed, or to get some or all
of your money back);
(ii)
If you want to end the contract because of
something we have done or have told you we are going
to do, see clause 19;
(iii)
If you have changed your mind about the Algocyte
Service, see clause 20. You may be able to get a refund if you
are within the cooling-off period, but this may be subject to deductions; and
(iv)
In all other cases (if we are not at fault and there is no right to change your mind),
see clause 23.
19. 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 (i) to (iii) below, the contract will end immediately and we
will refund you in full for the Algocyte Service which have not been provided
and you may also be entitled to compensation. The reasons are:
(i)
we have told you about an error in the price or
description of the Algocyte Service and you do not wish to proceed;
(ii)
there is a risk that the provision of the Algocyte
Service may be significantly delayed because of events outside our control; or
(iii)
we have suspended the provision of the Algocyte
Service for technical reasons, or notify you we are going to suspend them for
technical reasons, in each case for a period of more than 1 month.
20.
Exercising your right to change your mind
(Consumer Contracts Regulations 2013). You have a legal right to change your mind within 14 days and
receive a refund. These rights, under the Consumer Contracts Regulations 2013,
are explained in more detail in these terms.
21.
When you don't have the right to change your
mind. You do
not have a right to change your mind once we have completed the Algocyte
Service even if the cancellation period is still running.
22.
How long do I have to change my mind?
(i)
You have 14 days after the day we write to you
to confirm we accept your order and the contract has come into existence, as
set out in Clause 2
(ii)
If you have asked us to provide the Algocyte
Service before the expiry of the 14-day cancellation period, but subsequently
decide to cancel the contract after we have started to provide the Algocyte Service
but before we have completed them, then you must pay us for the Algocyte
Service provided up until the time you tell us that you have changed your mind.
However, once we have completed the Algocyte Service, i.e. reported your blood
test results on the Algocyte platform, you cannot change your mind, even if the
14-day cancellation period is still running.
23.
Ending the contract where we are not at fault
and there is no right to change your mind. Even if we are not at fault and you do not have a right to change
your mind (see Clause 20), you can still end the contract before
it is completed, but you may have to pay us compensation. The contract for the
Algocyte Service is completed when we have reported your blood test results on
the Algocyte platform. If you want to end a contract before it is completed
where we are not at fault and you have not changed your mind, just contact us
to let us know. The contract will end immediately and we will refund any sums
paid by you for the Algocyte Services not provided.
24. Cancelling
your Subscription. You
can cancel your Subscription at any time. You will not be charged for any
cancellation. To avoid receiving a further delivery from us, you will need to
cancel your Subscription at least 5 days before your next chosen or allocated
delivery date. To cancel your Subscription, contact us.
You can re-Subscribe at any time following your cancellation, but we reserve
the right not to permit re-Subscription where we have previously elected to
terminate a Subscription by you. We reserve the right at our absolute
discretion not to renew your Subscription at any time without giving reasons
for our decision.
HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR
MIND)
25.
Tell us you want to end the contract. To end the contract with us, please
let us know by doing one of the following:
(i)
Phone or email. Call
customer services on 0118 228 0980 or email us at support@algocyte.com. Please provide
your name, home address, details of the order and, where available, your phone
number and email address.
(ii)
By post. Print
off the cancellation form at the end of this document and post it to us at the
address on the form. Or, simply write to us at that address, including details
of what you bought, when you ordered or received it and your name and address.
(iii)
On the Algocyte platform. You can cancel your Subscription within the Algocyte platform.
26.
Returning the Algocyte Kit after ending the
contract. If you
end the contract for any reason after you have received the Algocyte Kit, you
do not need to return it to us. Please dispose of it in your general waste.
27. How we will refund you. We will refund you the price you paid for the Algocyte Service by
the method you used for payment. However, we may make deductions from the
price paid, as described in Clause 30 below.
28. 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 your refund will be made
within 14 days of your telling us that you have changed your mind.
OUR RIGHTS TO END THE CONTRACT
29. We
may end the contract if you break it. We may end the contract for the Algocyte Service at any time by
writing to you if:
(i)
you do not, within a reasonable time of our
asking for it, provide us with information that is necessary for us to provide
the Algocyte Service;
(ii)
you do not, within a reasonable time, allow us
to deliver the testing kit to you; or
(iii)
you do not, within a reasonable time, provide us
with your completed testing kit.
30. You
must compensate us if you break the contract. If we end the contract in the situations set out in Clause 29 we will refund any money you have paid in
advance for the Algocyte Service we have not provided, but we may deduct
reasonable compensation for the net costs we will incur as a result of your
breaking the contract.
31.
We may stop providing the Algocyte Service. We may write to you to let you know that we are going to stop
providing the Algocyte Service. We will let you know at least 1 month in
advance of our stopping the provision of the Algocyte Service and will
refund any sums you have paid in advance for the Algocyte Service which will
not be provided.
32.
Where to find the price for the Algocyte
Service. The price
of Algocyte Service is available on our Algocyte platform, or you may contact
us for pricing details. The price of the Algocyte Service (which includes VAT)
will also have been set out:
(i)
if you have made an order or Subscribed via the Algocyte
platform, on the order pages when you placed your order or Subscription; or
(ii)
We take all reasonable care to ensure that the
price of the Algocyte Service advised to you is correct. If you think the
price quoted by us is wrong, please contact us promptly to let us know.
33. What
happens if we got the price wrong. It is always possible that, despite our best efforts, the Algocyte
Service may be incorrectly priced. We will normally check prices before
accepting your order so that, where the Algocyte Service’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 Algocyte Service’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. If we accept and process your order
where a pricing error is obvious and unmistakeable and could reasonably have
been recognised by you as a mispricing, we may end the contract, and refund you
any sums you have paid.
34.
How to Pay. Payment
details will be required upon your first order, and will be stored for future
orders. If you make an order, you will make a one-off payment using the payment
details provided. If you sign up to a Subscription, you will make recurring
payments. Payments will be processed by a vetted payment provider.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
35.
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).
36.
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 Algocyte Services, including that they
are as described and match the information provided to you; are of satisfactory
quality; are fit for any particular purpose made known to us; and are being
supplied with reasonable skill and care; and liability under the Consumer
Protection Act 1987 for defective blood testing kits.
