1. CONDITIONS OF USE
By using the Nutristasis Direct Service you agree to be bound by these Terms and Conditions.
2. PROVISIONS OF SERVICES
2.1 Viapath will provide you with the Services upon receipt your Order.
2.2 Viapath will carry out the Services faithfully and diligently in a competent and professional manner. All scientific staff will undertake competency testing for the service that they provide to you and will exercise reasonable skill and care in accordance with this Agreement, relevant professional guidelines, good industry practice and all applicable Legislation.
2.3 Save as otherwise expressly provided, Viapath shall procure all the staff, equipment and materials required to provide the Services.
2.4 You must send Samples for testing in accordance with the Sample Requirements. Viapath reserves the right to decline Samples that do not conform with the Sample Requirements.
2.5 Unless otherwise agreed, Results will be made available to you in hard copy by post or electronically on request.
3. PRICE, PAYMENT AND OUR CONTRACT WITH YOU
3.1 Prices for the Services are as stated on the Website and are inclusive of VAT. Please note that phlebotomy charges and postal kits (where required) are payable in addition to the Test price, as set out on the Website. Viapath is not responsible for any additional expenses you may incur such as travel to phlebotomy clinics.
3.2 Viapath reserves the right to amend the prices from time to time at its sole discretion.
3.3 All payments for Tests must be made by credit or debit card at the time the Test is requested.
3.4 By ordering a Test, you are making an offer to Viapath to carry out that Test. Orders shall be deemed to be accepted upon confirmation of receipt of payment by Viapath.
Cancellation and Refunds
3.5 Once a Test is ordered, you may only cancel the Order before your Sample is received for processing by Viapath, in which case Viapath will reimburse you for the cost of the Test(s) within 30 days of receiving your cancellation. However, where you decide to cancel the Order, we are unable to reimburse the cost of a postal pack after this has been despatched or for the cost of phlebotomy at St Thomas Hospital after you have attended the clinic. If Viapath is unable to process a request for Test(s), we will notify you as soon as reasonably practicable and will reimburse you for the full cost of the Test(s) within 30 days of sending you the notification.
3.6 Subject to paragraph 11 below and to any failure by you to comply with your obligations under these Terms and Conditions, if we are unable to process an Order for Test(s) and/or are unable to make the Result(s) available to you, we will notify you as soon as reasonably practicable and will reimburse you for the cost of the Test(s) and (as applicable) the cost of a postal pack and/or your phlebotomy at St Thomas’ Hospital, within 30 days of sending you the notification.
3.7 Please note that under no circumstances can we reimburse you for any phlebotomy charges you have paid to Spire Healthcare phlebotomy clinics or any other third party phlebotomy provider.
4.1 Viapath warrants that it has and will continue to have valid Accreditation for the provision of the Services.
4.2 Except as expressly provided in this Agreement, Viapath gives no express or implied warranties or representations to you in respect of the Services. In particular, whilst every effort is made to achieve the Turnaround Times for the conduct of Tests, no warranty or guarantee is given that such Turnaround Times will be achieved in any particular instance.
5. INDEMNITIES AND LIABILITY
5.1 Nothing in these Terms and Conditions limits our responsibility for fraudulent misrepresentation or for death or personal injury caused by our negligence.
5.2 ,To the fullest extent permissible by law, Viapath shall not be liable to you for (a) any indirect or consequential loss or (b) any loss of use or loss of profits, business, contracts, revenues or anticipated savings whether arising from tort (including, without limitation, negligence or breach of statutory duty), breach of contract or otherwise.
5.3 Save as in Clause 5.1, Viapath’s liability under this Agreement whether in contract, tort (including, without limitation, negligence or breach of statutory duty) or howsoever arising shall not exceed the Price paid to Viapath in the 12 months previous to the date of the event (or first series of related events giving rise to such liability) first arose.
5.4 Viapath is not liable for any personal injury or other loss sustained as a result of your use of Spire Healthcare or other third party phlebotomy clinics.
Viapath may amend these Terms and Conditions from time to time.
7. PRIVACY AND DATA PROTECTION
Viapath is committed to protecting and respecting your privacy and will only process and personal data you provide in accordance with our Privacy and Data Protection Policy and with the Data Protection Act 1998.
8. INTELLECTUAL PROPERTY
The Customer shall have no right or licence to use any Intellectual Property of Viapath. Customer acknowledges and agrees that any Intellectual Property which may arise during the provision of the Services by Viapath shall vest in Viapath.
9. FORCE MAJEURE
9.1 The obligations of each Party under this Agreement shall be suspended during the period and to the extent that that Party is prevented or hindered from complying with them by a cause of Force Majeure.
9.2 In the event of either Party being so hindered or prevented, the Party concerned shall give notice of suspension as soon as reasonably possible to the other Party stating the date and extent of the suspension and its cause, and the omission to give such notice shall forfeit the rights of that Party to claim suspension. Any Party whose obligations have been suspended as aforesaid shall resume the performance of those obligations as soon as reasonably possible after the removal of the cause and shall so notify the other party. In the event that the cause continues for more than 1 month either Party may terminate this Agreement forthwith on notice to the other Party.
10. TERM AND TERMINATION
10.1 This Agreement shall commence on the date of your Order and subject to clause 11.2 shall continue until completion or earlier termination of the Services provided to you.
11. ARRANGEMENTS ON TERMINATION
11.1 Termination of this Agreement for any reason shall be without prejudice to any right or remedy of either Party which may have accrued prior to such termination.
11.2 The provisions of Clauses 5, 7, 8, 9, 10, 11, 12, 13,14 and 15 or which by their context should survive termination shall survive termination of this Agreement.Viapath will retain your Samples in accordance with applicable regulations. We may return Samples to you on request following completion or cancellation of your Order, provided that such request does not conflict with applicable regulations.
12. GENERAL PROVISIONS
12.1 Nothing in this Agreement shall be construed as establishing or implying a partnership or joint venture between the Parties or shall be deemed to constitute either Party as the agent of the other or allow either Party to hold itself out as acting on behalf of the other.
12.2 This Agreement supersedes all previous understandings and negotiations in respect of the Parties’ obligations as provided in this Agreement. The Parties acknowledge that in entering into the Agreement neither of the Parties has relied on or shall have any remedy for any representation or statement which is not expressly included in this Agreement. All representations (save in respect of fraudulent misrepresentation), warranties, conditions and other terms whether implied by statute or otherwise which are not expressly included in this Agreement and which might otherwise relate to this Agreement are hereby excluded.
12.3 The failure by any Party to insist upon the strict performance of any provision, term or condition of this Agreement or to exercise any right or remedy consequent upon the breach thereof shall not constitute a waiver of any such breach or any subsequent breach of such provision, term or condition.
12.4 If any provision of this Agreement is agreed or held to be invalid, unenforceable or void, such provision shall not have the effect of invalidating or rendering void the remainder of this Agreement and the Parties agree that they shall immediately commence in good faith negotiations to vary the terms of this Agreement in order to remedy such invalidity, unenforceability or illegality.
12.5 Neither Party shall assign its rights and obligations under this Agreement or any part thereof without the prior written consent of the other Party such consent not to be unreasonably withheld or delayed, save that Viapath may assign or otherwise transfer its rights and obligations to any affiliate or alternative laboratory with valid Accreditation.
13. THIRD PARTY RIGHTS
A person who is not a Party to this Agreement shall have no right pursuant to the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.
Any notice to be given under the Agreement shall either be delivered personally or by post (airmail if overseas) or by email or fax. The address for service of each Party shall be as set out in the Schedule or its registered office or such other address as either Party may previously have notified to the other Party in writing. A notice shall be deemed to have been served: if personally delivered, on the day of delivery; if sent by electronic mail, on day the mail was sent; if posted, 48 hours after posting; and if sent by fax, at the time of transmission.
The Parties submit to the exclusive jurisdiction of the English courts and agree that this Agreement is to be governed and construed according to English law.
16. DEFINITIONS AND INTERPRETATION
In this Agreement:
a reference to a statutory provision includes a reference to that provision as modified, replaced, amended and/or re-enacted from time to time (whether before or after the date of this Agreement) and any prior or subsequent subordinate legislation made under it;
clause and schedule headings do not affect the interpretation of this Agreement; words importing the singular only shall include the plural and vice versa; and writing or written includes e-mail.