Terms and conditions

1. TERMS AND CONDITIONS

“We/Us/Our” are Bioma Ltd, a company registered in England and Wales under company number 14056372 and with our registered office C/O Ecu Testing, Heanor Gate Industrial Estate, Delves Road, Heanor – DE75 7SJ, United Kingdom. We operate from 333, Broadway Bexleyheath, London – DA6 8DT, United Kingdom (Clinic) and Derma Medica, 4 Cheval Place, Knightsbridge London, SW7 1ES.  Our web address is www.Bioma.me and our contact email is contactus@Bioma.me.

1. “You” are the customer who has accessed our website or called our telephone number and intends to place or has placed an order for our Product(s) which may include collection of specimen and specific testing to be carried on the collected specimen or both, or have created an Account as described in clause 1.4 below.
2. These terms and conditions along with our Privacy Policy (together, the “Terms”) apply throughout our website and during any telephone call or written correspondence between you and us and during the use of our services on site. If there is any conflict between these Terms and any terms or conditions found elsewhere, or in any written or verbal communication between you and us, these Terms shall prevail.
3. You may purchase Products for yourself (and create a personal account “Account” at www.Bioma.me) or you may purchase certain Products for you and/or other people, which will require creation of a separate account if the person is of an age 18 years or above. If the test is requested for persons of under the age of 18 years, separate accounts may need to be created for persons under the age of 18 years.
4. Account creation is the process by which a user registers their personal details in an Account and may include the purchasing of test(s) or services, this requires an email address which may need to verified and password to access the Account created as per requirements outlined at the time of creating the account. Account creation and/or purchasing of test(s) or services requires your, or on the account holders’ behalf (if under the age of 18), confirmation of agreement with these Terms.
5. The person who is providing a sample for testing must be the account holder for that test, unless below the age of 18 years. If the person providing the specimen is below the age of 18 years, the parent or legal guardian of the person confirmed by evidence such as birth certificate or a court order, may create an account on their behalf, although we may not be able to provide service to persons below the age of 16 years at any time. If for whatever reason we are unable to provide the service as per terms here, you may be entitled to a refund upon application.
6. When creating an account or interaction with us on telephone or email, you must provide us with certain personal information – including your full name, address, gender and date of birth. You will also be assigned as specific person identifier at the time of account creation and specimen identifier at the time of specimen collection, this information is used to identify and relate to any specimen collected from you and will be included in your test reports, we may ask for these identifiers in any future correspondence where required.
7. You must be at least 18 years old to purchase or pay for a Product or service, for yourself or on account holders’ behalf. You will require a valid credit or debit card to make payment with payers’ permission where necessary.
8. We operate only in the United Kingdom. We will only accept specimens collected at our operating centres.
9. Test results and any comments or interpretation(s) provided by us in relation to those results are for the purposes of information only. They may provide a guide to help you understand your health but do not in any way or form constitute a clinical diagnosis. All results must be interpreted by independent, qualified and registered Physician/General Practitioner/ Doctor/ Surgeon/ Health care worker / Medical professional.
10. This service is not a substitute for full medical investigation and advice. Any results and comments provided on the result report are based on information available to us at the time, and this information may be insufficient to gain a complete understanding of your health or a particular condition you may be suffering from.
11. You may also be required to follow or adhere to any guidelines or requirement by local or national authorities or UK law, these you must establish for yourself and agree to follow where applicable. We accept no liability or responsibility for such events.
12. If you have any concerns regarding your health or your test results you should discuss them directly with your independent, qualified and registered Physician/General Practitioner/ Doctor/ Surgeon/ Health care worker / Medical professional.
13. Based on the results of your test(s) and/or other information that you have provided to us, we may recommend that you purchase a follow-up test or online consultation with a General Practitioner or that you see your General Practitioner for further investigation or both. You agree that you are solely responsible for acting on such guidance and that Bioma Ltd accepts no liability in the event you choose not to do so.
14. For certain tests, option may be available for you may opt for test results only i.e. no comments are provided by us. In all such cases, by choosing this service you agree that you will share any test results with your independent, qualified and registered Physician/General Practitioner/ Doctor/ Surgeon/ Health care worker / Medical professional. You further agree that Bioma shall not be liable in any way for your failure to do so.
15. In cases where we agree to share your results directly with medical professional that you have requested us to share the results with, you must ensure the results are received by the medical professional. We shall not be liable or responsible for any result reports not received by them, any liabilities arising from loss of data beyond our control or their failure to act on the information provided.
16. Your data may be shared with UK Health Security Agency and/or your local health protection team or other authorities as required by law in accordance with the Health Protection (Notification) Regulations 2010 if your test result detects a notifiable disease. The list of notifiable diseases can be found on https://www.gov.uk/guidance/notifiable-diseases-and-causative-organisms-how-to-report#list-of-notifiable-diseases.
17. Contacting us
    1. If you wish to contact us for any reason, including cancelling a Contract (as defined in clause 4.2 below) or to make a complaint, you can contact us by telephoning our customer care team on Telephone number +44 (0)208 496 0147 or by e-mailing us at contactus@bioma.me.
    2. If you contact us by email, please do so using the email address associated with your account, and include your order confirmation number and your full name, date of birth and address to help us identify you. If you contact us by telephone, please have your order confirmation number to hand. We will ask you to verify your personal details in order to validate your identity and protect your data.
    3. If we need to contact you, we will do so by e-mail, phone or occasionally by letter using the contact details you provide to us in your order. By providing us with your contact details you give us your consent to contact you about the service we provide and Products (as defined in clause 2.9 below) you have bought or enquired about. If necessary, we may leave you a message.
    4. You would need to access to your account to securely access your result report, which is available for download as a PDF file. If you require a printed copy of result report this can only be issued at the reception desk of our operating clinic address, when presented with appropriate identification.
    5. On rare occasions we may need to contact you about your results if they indicate that you require urgent medical attention. It is important that your contact details are correct and it is your responsibility to ensure that they are kept up-to-date.

 2. OUR PRODUCT

1. We provide an online service whereby you can purchase a medical test either online or by visiting our laboratory location. Each test has a page on our website detailing the following;
   • What type of specimen is required and collection method.
   • You must attend our operating clinic to have a sample taken by our phlebotomist/health care team.
   • Your test will be carried out at our operating clinic 333 Broadway, Bexleyheath DA6 8DT or by other recognised laboratories that we have partnered with. The results issued by Bioma may carry our partner laboratory details and any comments issued by them.
   • All tests carried out at Bioma are CE-IVD marked test and carried out by trained staff, but some test carried out may not be UKAS ISO15189 standards accredited at Bioma. Unless the report carries a UKAS logo, the test carried out is not accredited under the UKAS ISO15189.
   • Your results will be issued as per terms here.
2. You must inform us prior to the collection of the specimen if you suffer from any clotting or blood disorders, have previously suffered allergic reaction to specimen collection or anything you are aware of that may affect the specimen collection procedure. We will not be liable to you for any injury you may suffer if this information is not shared by you with us.
3. All specimen collection procedures carry a small risk of bleeding and or bruising which resolves within a few days. If this does not happen or if you develop high fever >39°C or rash please contact you General Practitioner or local Accident and Emergency.
4. On some occasions in addition to the information available on our website at the time purchasing the test we may send requirements and information by email prior to your appointment. Your appointment may be changed or cancelled if the requirement of our procedures is not met or your failure to follow or comply with instructions. You will be informed by email and/or telephone in any such event. You may be entitled to a refund following any changes or cancellation upon application by emailing us on contactus@bioma.me.
5. The results of your test(s) and any accompanying interpretation by a doctor where applicable, available or offered, will be uploaded to your secure online account at www.Bioma.me. You will require your username and password you created to download a PDF copy of your results. We do accept any liability for loss of data or malicious data access or unauthorised data access by any third parties outside of our control or beyond reasonable data security measures as per the data protection act and GDPR.
6. We may contact you by telephone, SMS message or email regarding your sample and test results if necessary.
7. Most of the tests offered by Bioma are specialist pathology tests. You agree that you are solely responsible for selecting tests for yourself or persons you are responsible for and that any tests you do purchase from Bioma are suitable for you and their intended purpose. If you are in any doubt please talk to your doctor or an appropriately qualified health care professional.
8. Clauses 2.1 to 2.8 (inclusive) together make up the product or service that we are providing to you (“Product/Service”). The Product or service will be deemed to be delivered to you once your test results have been made available as set out in clause 2.5.

3. MEDICAL QUESTIONNAIRE AND HOW WE USE YOUR PERSONAL INFORMATION

1. On some occasions for us to provide an effective and relevant products or services, you may be given the opportunity to complete a short medical questionnaire in your Account. The medical questionnaire may ask for information about your medical history, lifestyle, family health history and gender-specific details. You may also be given the option to provide the details of symptoms you may be suffering or other medical or lifestyle information you feel may be relevant to the test at the time you place an order or activate a test. You are not required to provide information, but it may assist us to provide a more relevant interpretation of your test results or further information.
2. Except as set out below, any and all information that is collected from the medical questionnaire and/or the test results will be used solely in relation to the Products or services you have purchased from us. By placing an order, you give us your consent to pass any and all relevant information about you on to our partner clinics and laboratories and/or to our employees and agents for the purposes of preparing your sample and analysing and interpreting the results.
3. We may use your information for our own business analysis, product development and controlled marketing purposes (subject to having the necessary consents) where appropriate and may pass information about you to third parties engaged by us under a duty of confidence to assist us in these tasks.
4. We will not sell or pass on your personal information to third parties to enable them to contact you directly or market their products or services to you. Your information may also be used, on an anonymous basis, by us and third parties engaged by us for the purpose of scientific research or examining aggregate medical or clinical trial data.
5. None of your personal information will be passed on to your doctor or any other third party, other than for those reasons set out in b clause 3.2 or when requested to do so by you when purchasing a product or service.
6. We only use your personal information in accordance with our Privacy Policy. Please take the time to read our Privacy policy on the link www.bioma.me/privacypolicy as it includes important terms which apply to you.

4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

1. Our website will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order. Please take the time to read and check your order at each stage of the process.
2. Payment must be received in full in cleared funds prior to us processing your order. Once payment is received, we will confirm our acceptance to you by sending you a confirmation email which may include further guidance and actions to be completed, including COVID-19 safety precautions, which you will need to comply with.
3.  The contract between us will only be formed on the date we send you the email confirmation and is subject to any instructions or requirements outlined in that email.
4. If you are unable to meet these requirements, you are free to rebook as per availability of next appointment, you will need to contact us to do and must be compliant with requirements in time for the next appointment. If you require cancellation of the appointment due to not being able to comply with the requirements, you must do this at least 24 hours before your appointment is due. See Cancellation and Changes section for further details.
5. You must attend your appointment as scheduled at the time of booking. If you fail to attend your appointment or are late for your appointment by more than 10 minutes without prior notification, your appointment will be considered cancelled and you will only be entitled for a refund in exceptional circumstances and at the discretion of Bioma management. Any non-attendance without prior notification or notification not reaching us will be considered cancelled without refund. You may be liable for cancellation charges and/or further costs to rebook your appointment. See Cancellation and Changes section for further details.
6. You are requested to arrive for your appointment in good time, please arrive 10 minutes earlier to your appointment time if possible.
7. Appointments must be cancelled or rearranged no later than 24 hours prior to the appointment. If you require urgent cancellation or rescheduling of your appointment you must contact us as per Cancellation and Changes section, any change or cancellation outside the notice period described here is at the discretion of Bioma management.
8. In exceptional circumstances we may cancel or change your appointment date and time and will take reasonable endeavours to notify you in advance on such occasions. You will be entitled to a refund of the full amount in these circumstances, refunds may take up to 10 working days. A working day is any day other than a Saturday, Sunday or public holiday in the UK. We cannot be held liable for any consequences to you of our cancellation of or change to an appointment.
9. If for any reason, we are unable to perform a test you have ordered, we will inform you by email or by phone. In such cases you would have the option of rescheduling the test or refund of the full amount within 10 working days. We reserve the right to cancel any order at our discretion.
10. By purchasing a test or a product you are giving Bioma and its partner laboratories your informed consent to perform the tests you have ordered.

5. HOW TO PAY

1. You may pay for Products using a debit or credit card. Please refer to our checkout page for a list of current payment options.

6. PRICE OF PRODUCTS, OTHER SERVICE AND CHARGES

4. The price of the Products is as quoted on our website www.Bioma.me at the time you submit your order. This includes specimen collection at our clinic.
5. You will need to pay an additional charge if you purchase online clinical consultation (where this service is available) provided by https://thegpservice.co.uk/ through Bioma and can be attended at the clinic or at home. Although we recommend attendance at the clinic.
6. Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
7. After your payment has been processed and you have received an Acceptance confirmation, we will process your order and you will be able to attend subject to section 4 of these terms and conditions
8. It is your responsibility to ensure that you have read and understood any information contained in email acceptance confirmation before you proceed to the clinics. Bioma does not accept any liability if you do not follow the instructions supplied in this email.
9. The price of a Product includes VAT where applicable and at the applicable current rate chargeable in the UK at time being.

7. SAMPLES/SPECIMENS AND TEST RESULTS

1. Any sample or specimen collected (blood, tissue, bodily fluid, or other biological human specimen) by us or sent by us to other laboratories for analysis or testing will be analysed only in relation to the test or tests that you have ordered.
2. Certain tests may require you to fast for a minimum period prior to specimen collection. You must refrain from consuming alcohol a minimum of 4 hours prior to specimen collection or appointment. Some tests may require specimens to be collected at a certain time of day, or prepare in other specified ways, we will inform you of these conditions where applicable in our acceptance confirmation email. If you order a test with special sample requirements, it is very important that you follow these instructions carefully to ensure reliable test results. If you do not follow these instructions, Bioma will not be responsible for any impact to your results.
3. All specimens will be collected at our clinic by qualified staff. If specimen collection is not possible due to any reason at the time, you will be entitled to full refund. Please note occasionally in some patient specimens like venous blood may be difficult to collect in a clinical setting in such cases we will let you know at time of the appointment and process any refunds accordingly.
4. Your scheduled appointment can only be cancelled 24 hours prior to due date and time or in exceptional circumstances in less time, therefore you may incur charges when such appointments are cancelled by you.
5. Occasionally we may be unable to carry out some or all of the tests, which may be because the amount collected is insufficient for full analysis, the sample has deteriorated or clotted or because it has haemolysed (where red blood cells damaged during sample collection leak their contents into the surrounding plasma). If we cannot test your sample, we will ask you to attend a new appointment where a second sample will be collected free-of-charge and repeat the test carried out.
6. Where we cannot repeat a test or collect a new specimen for any reason a refund will be made within 10 working days.
7. If a second submitted sample cannot be tested, we will give you the option to cancel the order and request a full refund. We will issue you with a refund to your original payment method.
8. The retest process above does not apply to any test failure resulting due to the specimen itself such as high folate or lipemia or other interfering compounds present in the patients specimen and where all other tests have been carried out successfully.
9. Every test on our website has a corresponding turnaround time which is an estimate of the time it will take for your sample to be tested and the test results made available to you online on www.Bioma.me (“Turnaround Time”). It is an estimate only and is stated in Working Days. It is not binding on us and we do not guarantee that test results will be available in the published Turnaround Time. If you purchase multiple tests in one order we may, in certain circumstances, make results available to you only when the results of all tests have been received from the laboratory. The longest Turnaround Time for all of the tests ordered will apply in this case.
10. For some tests, pre-written comments or general clinical information from a doctor may be automatically applied to your result. The comment will be generated based on evidence-based rules which have been established and approved by our Clinical director. Who is a registered medical practitioner in the UK. In all circumstance all results issued by us or our collaborating laboratories must be interpreted by a qualified medical practitioner as described in section 1 of these terms and conditions.

8. CANCELLATIONS AND REFUNDS

1. You may cancel or reschedule your order by providing at least 24 Business Hours notice and receive a full refund. If you do not provide the required cancellation or rescheduling notice a refund will not be issued except at our discretion. See 8.4 here for the procedure for notification.
   1. “Business Hours” are UK working days excluding weekends and bank holidays.
2. This cancellation right does not apply if:
   1. You have already had a specimen collected, we can cancel any testing or issuing of the results but you will be charged in full.
   2. You have failed to attend a confirmed appointment without notification and confirmation from us of any changes to your appointment.
   3. You want to have an appointment booked for more than 30 days in advance.
3. Your legal right to cancel a Contract starts from the date you receive the Acceptance Confirmation.
4. To cancel a Contract, please send us an email stating that you wish to cancel and the reason for the cancellation. Please email your cancellation request to contactus@bioma.me with a clear subject line ‘Cancellation of an appointment’. Alternatively, you may call our customer service team to arrange the cancellation on +44 (0)208 496 0147. Your reason for cancellation will not affect your right to cancel the order.
5. If you send us your cancellation request by e-mail, then your cancellation is effective from the date and time you send us the e-mail. See section 9.1 here for acceptable time periods of cancellation.
6. If you cancel your Contract within the cancellation period and you are entitled to a refund we will refund you the price you paid for the service or product(s) within 10 Working Days.
7. We will refund you to the payment method used by you to pay.
8. For our online GP service appointment other conditions may apply
   1. If you cancel or rearrange with more than 48 hours notice there is no charge.
   2. If you cancel or rearrange with less than 48 hours notice there will be a £30 charge.
   3. If you cancel or rearrange on the day of your appointment or do not attend your appointment you will be charged the full amount at the time of the purchase.

9. Promotions and discounts

1. We reserve the right to change our promotional offers and discount vouchers at any point.
2. Only one discount or offer code can be used against a test.
3. Discount or offer codes cannot be used against a product which is already on promotion.
4. Refer a friend discount code are for online uses only and do not apply to orders made via telephone.
5. When an offer is subject to a qualifying spend, i.e. save 20% when you spend over £149 will not apply to tests already on promotion do not count towards the qualifying spend.
6. Offers can be withdrawn at any time. We reserve the right to edit, add, remove and exclude certain products from promotion at any time.
7. All Bioma vouchers including vouchers for online GP services expire 12 months from the date of purchase.
8. Full Terms and Conditions for specific promotions will be amended and posted on our website.

10. OUR LIABILITY

1. The Products you purchase from us are for private use only and you agree not to use the Products for any commercial purpose. We are not liable to you for any loss of profit, loss of business or revenue, business interruption or loss of business opportunity from any interaction you have with us in any way or form.
2. Our total liability to you resulting from a Contract is limited to the total value of that Contract – meaning the price you paid for the Products and any additional services. In particular, we are not liable for any costs, loss, delay, inconvenience or damage you suffer as a result of:

1. 1. Unattended appointment, difficulty or failure of specimen collection, failure of a test, failure or delay in you getting results from a failure of the IT systems;
   2. The laboratory being unable to test your sample for any reason.
   3. Any injury, damage or loss you may suffer when using finger-prick lancets unless the lancet is shown to be defective.
   4. Any injury, damage or loss you may suffer beyond our control, during your attendance at our clinic.
   5. Test results not being made available to you within the turnaround time stated for any Product or service.
   6. Your failure to follow instructions provided to you in relation to sample collection or pre-sample preparation requirements, such as fasting.
   7. Your failure to act upon our advice if we recommend that you seek medical advice or attention having taken a test.
   8. Your failure to show all results including any out-of-range test results to your GP or doctor.
   9. Your failure to attend a pre-booked appointment.
   10. Loss or damage that is not foreseeable.
   11. Events Outside Our Control. See section 11.
   12. If we fail to comply with the Terms, we are responsible only for loss or damage you suffer that is a foreseeable result of our breach of the Terms or our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this Contract.

3. We do not in any way exclude or limit our liability for:
   1. Death or personal injury caused by our negligence as per UK law.
   2. fraud or fraudulent misrepresentation as per UK law.
   3. Any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession) as amended by the Consumer Rights Act 2015.
   4. Any breach of the terms implied by section 9 to 11 of the Consumer Rights Act 2015 (description, satisfactory quality, fitness for purpose and samples).
   5. Defective products under the Consumer Protection Act 1987.

11. EVENTS OUTSIDE OUR CONTROL

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 any act or event beyond our reasonable control (an “Event Outside Our Control”).
2. Any natural environmental events, acts of terrorism, any events preventing us from our routine operations are all considered as events outside out control.
3. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
   1. We will contact you as soon as reasonably possible to notify you by email and our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
4. You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel, please contact us. If you opt to cancel, we will refund in full the total price you have paid for the Contract.

12. OUR RIGHT TO VARY THESE TERMS

We may amend the Terms from time to time.

Every time you order Products from us, the Terms in force at the time of placing your order will apply to the Contract between you and us.

1. If we have to revise the Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and what orders will be affected. We will let you know how to cancel the Contract if you are not happy with the changes and you may cancel in respect of any product or service received so long as you have not received your results, whereby the contract would be considered fulfilled.
2. If you opt to cancel the Contract under the condition described in section 12, we will arrange a full refund of the price you have paid once you have notified us.

13. OTHER IMPORTANT TERMS

1. We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under the Terms.
2. 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.
3. Each of the paragraphs of the 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.
4. If we fail to insist that you perform any of your obligations under the 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.
5. Please note that the Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have 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.

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