- The “Company” shall mean Crystal Health Group Limited, registered in England & Wales, company number 10804496.
- The “Sample Collector” shall mean the organisation or individual by whom the sample collection of test donor / participant samples is provided.
- The “Service” shall mean client consultations and the taking of samples (including hair, blood, urine, saliva, buccal (mouth) swabs or other) and any required analysis of those samples for the purpose of DNA, drug and alcohol testing, medical screening and including Polygraph Testing.
- The “Conditions” means these conditions of sale.
- The “Contract” shall mean any legally binding contract for the supply of the Services by the Company to you.
- The “Website” means www.crystal-health.co.uk and any affiliated testing service websites.
- “Printed Materials” shall mean all documentation issued by the Company.
- “You” shall mean the person or organisation ordering the testing service subject to these terms and conditions.
This includes test donor / participants or any third party acting on the behalf of them.
2. Conditions of Sale
- The Service is operated by the Company in conjunction with the Sample Collector. You acknowledge that the samples and information taken by the Sample Collector will be sent to the Company laboratories for processing, where the samples will be processed for the purposes that consent has been obtained for.
The records/results kept by the Company, laboratories and the Sample Collector are held securely and confidentially.
- When ordering a ‘Clinic’ test, you understand that the price paid for the Clinic Service entitles you to an initial consultation and an optional results session. Each session will last for up to half an hour.
- These sessions are only available at the Clinic you visit. The Clinic Service is non transferable.
- The Company may make subsequent on-site counselling/support services available to you. These services are to be used at your own discretion. The Company/Sample Collector reserves the right to refuse subsequent treatment. These additional services are separate to the “Service”. You understand that these additional services are run and managed under the Counselling/Support Agencies (Sample Collectors) own policies and are subject to their own fee structure. These services are the legal responsibility of the service provider involved and are not the responsibility of the Company.
- The Company laboratories are responsible for the processing of samples, test results and storage of samples under the conditions stated. This excludes services provided by the Company/Sample Collector.
- You are responsible for providing all necessary or requested genuine identification, materials or samples to the Company/Sample Collector and for completing in full any forms or documents supplied or requested by the Company/Sample Collector. Failure to do so may result in a delay in providing test results or inaccuracies in test reports which may affect the evidential value of the test result and in such circumstances the Company/Sample Collector shall not be liable for any such delay or inaccuracy. The Company/Sample Collector shall not be liable for any failure to provide accurate, complete or other form of test result due to insufficient or poor quality of specimen.
- If ordering a ‘Peace of Mind’ DNA Test, the Company/Sample Collector has no legal liability concerning the collection of samples and the names given in conjunction with those samples. The identities of those involved in a ‘Peace of Mind’ DNA Test are not verified by the Company/Sample Collector; therefore, the result of the test is not suitable for use as evidence in court.
- For the Legal DNA Test Service and all drug and alcohol testing services, the identities of those individuals involved in the Service are verified by the Company/Sample Collector using forms of identification provided by You. You warrant that these forms of identification and all other information supplied to the Company/Sample Collector are genuine and accurate.
- If you order a service from the Company/Sample Collector either verbally or in writing, You warrant that you have the legal right to order the test on behalf of those involved.
- You warrant that you are legally entitled to possession of the samples you have provided to the Company/Sample Collector. You agree to indemnify the Company/Sample Collector against all costs, claims, expenses and any loss or damage that the Company/Sample Collector may suffer as a result of you providing the Company with samples, which have not been legally obtained.
The Company strongly advises that you should obtain independent legal advice about your legal entitlement to consent for a third person to participate in the Service, or your legal entitlement to obtain samples of biological material from persons other than yourself.
You warrant that you are not a person suffering from mental disorder (within the meaning of the Mental Health Act 1983) and are therefore capable of understanding the nature and purpose of the test. The Company/Sample Collector makes no representation that you are legally entitled to perform any particular act in order to obtain biological samples for analysis.
- You are responsible for deciding on the suitability of the Service offered for any particular purpose and for the consequences arising.
- The Company/Sample Collector shall not be liable for any loss or damage suffered by you or any other person as a result of the provision to you of the Service and test result.
- The subject matter of the Contract shall remain confidential and shall not be disclosed or used for any unauthorised purpose. The Company/Sample Collector will not disclose to third parties other than as required by a court of law or other competent authority any proprietary data and other information concerning the samples to be processed or results obtained under the Service without the prior written consent of you. Crystal Health is registered under the Data Protection Act 1998 Registration No. (Pending).
- All sales made by the Company are made on these Conditions. These Conditions shall apply to all Contracts to the exclusion of all other terms and conditions including any terms and conditions which you may purport to apply under any purchase order confirmation or Service Request Form or similar document. No variation of these Conditions will be binding on the Company unless confirmed in writing by a director of the Company. The Company may from time to time alter these Conditions at its discretion. Current Terms and Conditions can be obtained from the Company at any time.
- These terms and conditions do not affect your statutory rights as a consumer.
3. Prices, Payment and Delivery
- The charges payable by you to the Company for the Service are those set out in the current relevant price list(s) supplied by the Company to you as published on the Website(s) or as quoted in writing by the Company to you.
- The Company reserves the right to vary the prices for the Service between the date of the Contract and the performance of the Service in the event of and to the extent of any increase in the cost of labour or materials or any delay howsoever caused by any other variation in the costs to the Company of providing the Service. The Company shall notify you of any changes to the advertised price and you will have a right to proceed with or cancel the order within seven days of the notification.
- In the case of individuals and private testing services, the Company will in all cases request full payment before an order can be accepted. The payment required is determined by the type of test and current pricing policies. Acceptance of your order brings into existence a legally binding contract between you and the Company. The Company/Sample Collector reserves the right not to supply you at its discretion.
- Commercial testing services are subject to a maximum of 30 day credit terms on invoice. The Company reserves the right to revoke credit facilities at any time. Acceptance of your order brings into existence a legally binding contract between you and the Company. The Company/Sample Collector reserves the right not to supply you at its discretion. Terms outside of the standard payment terms will form part of a written contract for the provision of services.
- Your reservation of / attendance at a clinic session makes you liable for the cost of the session / advisor’s time. If the company proceeds with a test on your behalf the cost of the clinic session is included within the price quoted.
- You undertake that all details you provide the Company/Centre for the purpose of purchasing the Clinic Service are correct, that the credit or debit card you use is your own and that there are sufficient funds or credit facilities to cover the cost of the Clinic Service. We reserve the right to obtain validation of your credit or debit card details before providing you with the Clinic Service.
4. Cancellation/Termination & Charges Arising
- Refer to Crystal Health’s Cancellation and Refund policy for full details regarding cancellation/termination & charges arising.
- The Company/Centre reserves the right to cancel the Contract if the Clinic Services were listed at an incorrect price due to a typographical error.
- In these terms and conditions “Proprietary Information” shall mean any information or data in whatever form, nature or media disclosed by any Parties (the “Disclosing Parties) to the other (the “Receiving Parties”) pursuant to the Service Agreement or other agreements.
- The Receiving Parties undertake that such information will:
- Be protected and kept in strict confidence by the Receiving Parties which must use at least the same degree of precaution and safeguards as it uses to protect its own proprietary information of like importance, but in no case less than reasonable care;
- Be only disclosed to and used by those persons within the Receiving Parties’ organisation who have a need to know and solely for the Service Agreement;
- Not be used in whole or in part for any purpose other than the performance of the Service Agreement;
- Neither be disclosed nor caused to be disclosed whether directly or indirectly to any third party or persons other than those mentioned in sub-paragraph (b) above or as otherwise permitted herein;
- Neither be copied, nor otherwise reproduced nor duplicated in whole or in part where such copying, reproduction or duplication has not been specifically authorised in writing by the Disclosing Parties.
6. Warranty of Performance
- The Company/Centre shall exercise all reasonable skill and care in the performance of the Clinic Service but does not represent, guarantee or warrant that any particular result (whether expressly specified by you or not) will be achieved or reproduced.
- Except in the case of death or personal injury the Company’s/Centre’s total liability to you whether for negligence, breach of contract or otherwise shall in no circumstances exceed the charges payable by you for the Clinic Service.
- The Company/Centre shall not be liable for any failure in the performance of its obligation under the Contract caused by factors or circumstances outside of its control including but not limited to any act of God, war, strike, lockout, industrial action, breakdown of systems or network access, flood, drought, storm or other event beyond the Company’s/Centre’s control.
- The Company will use reasonable endeavours to ensure that the result of the analysis of biological samples provided to us by you/the Centre is correct but subject to a margin of error of 0.01%. No further representation, warranty or undertaking is given or made in relation to the result of analysis. This does not affect your statutory rights as a consumer.
- In the unlikely event that the result of analysis is found to be in error, the Company shall perform a further analysis for you free of charge or return your payment in full.
- The Company/Centre makes no representation, expressed or implied that the result of analysis is fit for any particular purpose.
- Any dates quoted by the Company/Centre to you for the provision of the Clinic Services are approximate and do not have any contractual effect and shall not be treated as being of the essence of the Contract.
- The Company/Centre will not be liable to you for any loss or damage direct or indirect, caused or occasioned by any delay howsoever arising from the performance of the Clinic Service.
- The donor’s sample or any data derived from it will not be released to any third party other than in accordance with the Data Protection Act 1998. The Company will retain the test results for two years (legal cases only).
7. Limitations of DNA Test
The tests provided by the company are very accurate. However, all tests have limitations. You warrant that you understand these limitations (so please ask for clarification from the company if you are not sure). Information on test limitations can be viewed via www.crystal-health.co.uk By accepting these terms and conditions, you warrant that you have read, understood and accept the limitations applicable to the test you have ordered.
8. Links to other web sites
The Company is not responsible for the availability, content or accuracy of any pages or other sites linked to the website. The inclusion of any link to such sites does not imply endorsement by the Company of these sites. If you link to any other page or site you do so at your own risk. You agree that the Company will not be liable for any loss or damages you or any third party may suffer in connection with third party pages or sites.
9. General Disclaimer
- The Company/Centre is providing its website and all printed materials, on an ‘as is’ basis and makes no representations or warranties of any kind with respect to its website/printed materials or its contents and disclaims all such representations or warranties to the fullest extent permitted by law. In addition, the Company /Centre makes no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information and related graphics published on the website/printed materials. The information contained in the website may contain technical inaccuracies or typographical errors. All liability of the Company/Centre howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
- Neither the Company/Centre nor any of their directors, employees or other representatives will be liable for loss or damage arising out of or in connection with the use of the website or testing services. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
- Notwithstanding the foregoing, none of the exclusions and limitations in the clause are intended to limit any rights you may have as a consumer under local law or other statutory rights which may not be excluded nor in any way to exclude or limit liability to you for death or personal injury resulting from our negligence.
10. Copyright and Monitoring
The contents of the website and printed materials are protected by international copyright laws and other intellectual property rights. The Company owns these rights unless otherwise indicated. All product and company names and logos mentioned in the website/printed materials are the trademarks, service marks or trading names of their respective owners, including the Company. You may download material from the Site for the sole purpose of placing an order with the Company/Centre.
If any part of these Conditions is unenforceable (including any provision in which the Company/Centre excludes its liability to you) the enforceability of any other part of these Conditions will not be affected.
12. Third Party Rights
Except for the Company’s/Centre’s affiliates, directors, employees or representatives, a person who is not a party to this Contract has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Contract but this does not affect any right or remedy of a third party that exists or is available from that Act.
- The Contract is made between the Company and you and shall not be assignable by you. The Company may sub-contract the performance of the Contract in whole or in part if necessary.
- You shall indemnify the Company/Centre (and keep it indemnified) against all claims, losses, costs and expenses (including legal expenses on an indemnity basis) howsoever arising in respect of any claims made by third parties against the Company/Centre arising out of the provision of the Service.
- All notices shall be given to the Company via email at [email protected]
14. Governing Law
These Terms and Conditions are subject to the law of the United Kingdom. All disputes shall be subject to the exclusive jurisdiction of the courts of the United Kingdom.