Section 1 | About These Condition of sales
“We” are KEEM Medical and Aesthetic Clinic (Legal name: KEEM AEsthetics Ltd) a Limited company registered in England and Wales with company number 12194598 and its registered office situated at 20 Bradley Road, CLapham Park, London, SW4 8FA.
“You” are the customer who has accessed our website or attended our medical home clinic and intends to place or has placed an order for our Services and/or Products (as defined below).
Our services comprise laboratory testing services (including blood, saliva, swab and other biological samples) and, where applicable, the taking of samples and as otherwise set out in the “Our Services” section below (“Services”). Our Services may include the provision of self-testing kits and/or other products (“Products”).
These Condition of Sales along with our terms and conditions and Privacy Policy (together, the “Terms”) apply to any order you make for our Services. 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 shall prevail.
Please read these Terms carefully before you submit your order to us. These Terms tell you who we are, how we provide our Services (including Products) to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think there is a mistake in these terms, please contact us to discuss. Our contact details are at the end of these Terms.
You should call 999 IMMEDIATELY in a critical or life-threatening situation, such as if you or someone has:
- difficulty breathing;
- severe bleeding and it can’t be stopped;
- severe chest pain;
- a severe allergic reaction;
- severe burns or scalds;
- loss of consciousness;
- major trauma such as the result of a serious road traffic accident, a stabbing, a shooting, a fall from height or a serious head injury; or
- acute confused states and fits which aren’t stopping,
- or if you believe someone is having a heart attack or stroke;
- suicide attempt by taking something or self harming
These Terms cover the purchase of our Services by an individual consumer. You may only purchase Services, including Products, from us if you are at least 18 years old and reside in a location where our Services can be lawfully used.
If you have sent a sample on behalf of someone else, then you must have permission to agree to these condition of sales on behalf of the other person. You guarantee that the sample provided belongs to that person and you have legal authority to act on that person’s behalf to request the Services.
Test results are for information purposes only. Our partner laboratory provides your results and reference ranges only and do not provide any comments on how to interpret your blood results or any other diagnostic advice. Reference ranges are based on our understanding of what are considered normal ranges in the general population as at the time of giving the test results. These may not be relevant to you and may change from time to time. We shall not be responsible for notifying you of any changes.
Tests and test results do have limitations and the result and/or associated report is provided in the context of the test ordered and the biomarker(s) analysed. Test results and/or genetic information alone are unlikely to be enough to understand your overall health or a specific condition you may be wondering about. They are not a clinical diagnosis and are never a substitute for seeing a doctor – particularly if you have any symptoms. They must never be relied on to provide a diagnosis or start treatment without the advice of a doctor or healthcare professional. If you have any concerns at all regarding any aspect of your health or your test results you should discuss them directly with your GP or a doctor.
The results of genetic testing have limitations and their interpretation is the subject of ongoing research. There are many subtleties to the interpretation of genetic information (or genetic data) and this test is not designed to diagnose, prevent or treat any illness or condition without considering the wider context of your clinical and medical history.
Based on the results of your test(s) we may advise that you purchase a follow-up test or that you see your GP or a doctor for further investigation or both, but we shall not be obliged to do so and we shall bear no liability if we do not. If we do so, this shall be the extent of our further advice to you. We do not provide any clinical diagnostic advice. You agree that you are solely responsible for acting on such guidance and that we shall not be liable if you choose not to do so.
Section 2 | How The Contract is Formed Between You and Us
Where you are ordering our Services online, including where you book online for an on-site appointment, our website will guide you through the steps you need to take to place an order with us. As part of the order process, you will need to accept these condition of sales.
Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process. It is your responsibility to ensure that all information you submit to us is complete and accurate. No refunds will be given, and we shall not be liable, if we are unable to properly supply our Services to you because you have provided incomplete or inaccurate information.
Payment must be received in full prior to us processing your online order. Where you book online for an in-clinic appointment a deposit of £50 will be charge to secure your appointment. Once payment is received, we will confirm our acceptance of your order to you by sending you a confirmation email. The contract (“Contract”) between us, including these Terms, will only be formed on the date we send you this acceptance confirmation.
General services for all tests
If we are unable to accept your order, we will inform you of this and will not charge you for the Services.
For online orders we will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
By purchasing a test and giving a sample you are providing us and our partner laboratory with your informed consent to perform the tests you have ordered.
Please refer to the “Your Personal Information” section below and our Privacy Policy in connection with the information we request about you as part of the ordering process and how we use such information.
Section 3 | Our Private Blood Test Service
As part of our Services, we provide a number of different ways in which you can purchase a laboratory test.
Our website and in-store materials set out details of the tests that we perform and the Services that we provide in connection with each such test, including any turnaround times. Turnaround times are an estimate of the time it will take for your sample, once received by our partner laboratory, to be tested and the test results made available to you. Please refer to the “Samples and Test Results” section below for further details.
Please note that where postal services are utilised (either for sending a testing kit to you or for returning a sample to us) we are entirely dependent on our postal services provider (Royal Mail) or courier service in meeting their stated delivery timeframes.
In a small percentage of cases tests need to be re-run or re-analysed which is an unavoidable reality with such a precise and sensitive laboratory test. Please allow for the possibility that in such circumstances it will take a little longer to get your results to you.
You agree that you are entirely responsible for your selection of tests and that it is your decision as to whether the tests you purchase from us are suitable for you and whatever you may need them for. If in any doubt, please speak to a doctor or a qualified medical professional.
Where relevant, you agree that it is your responsibility to check the requirements of your airline, transport provider or country of destination. Requirements regularly change and we recommend you read the latest UK government travel advice and check with your airline, transport provider or border officials before booking. We cannot be held responsible if the documentation we provide does not meet travel or border entry requirements.
Our website also sets out the various ways in which samples can be taken and sent to us, including self-testing kits or in-clinic testing by one of our trained staff members. Where you have purchased an in-clinic test or a test at your home or office by one of our members of staff then our Services include the taking of the sample and the delivery of the sample to our partner laboratory.
The description of the Services on our website forms part of our contract with you, but if the description of the Services on our website and these Terms are inconsistent (including as regard any turnaround times), then these Terms shall prevail.
You are responsible for ensuring that all information provided to us is complete, accurate and legible.
Self-testing kits
If you have ordered a self-testing kit (“testing kit”) then, after your payment has been processed and you have received an acceptance confirmation, Our partner laboratory will send you a testing kit by the method you have selected. Unless otherwise specifically agreed, we only send testing kits to addresses in the UK and references to shipping times below are to addresses in the UK. In these Terms, a “working day” is any day other than a Saturday, Sunday or public holiday in the UK.
- Free shipping
- We will send you your testing kit by Royal Mail Tracked 24
- If we receive your order prior to 12pm we will despatch your testing kit on the same working day (or the next working day if ordered on a weekend or public holiday)
- If we receive your order after 12pm we will still endeavour to despatch your testing kit on the same working day, but if unable to we will despatch your testing kit on the next working day
If delivery of a testing kit cannot be completed upon our first attempt to deliver it to the address you have provided, then our delivery provider will issue you with the necessary redelivery or collection options available to you.
If your testing kit arrives damaged or incomplete, please notify us and we will send you a replacement kit at no charge as soon as reasonably practicable after you notify us. We may request you to send back the original damaged or incomplete kit.
The testing kit will contain all necessary items to enable you to take your sample, together with an instruction leaflet and a test request form. Please notify us if you do not receive your testing kit within 3 (three) working days following the order date or, if later, the requested despatch date. We will send you a replacement kit at no charge as soon as reasonably practicable after you notify us.
It is important that you read and follow the instructions in the instructions leaflet carefully and take care when taking any sample. We shall not be responsible for any injury caused by any failure by you to follow the instructions correctly nor for our inability to provide the Services due to any failure by you to follow the instructions or otherwise to comply with these Terms.
The test is valid for 3 (three) months from the date we post or courier the testing kit to you (“Validity Period”). If you do not send a sample to our laboratory within the Validity Period your test may expire and you will not be entitled to a refund.
Each sample must be posted or couriered back to our partner laboratory on the day it is taken otherwise the sample will likely degrade and not be able to be tested. If you have ordered a free Royal Mail delivery or one way courier delivery, there is a postage paid, self-addressed envelope in each box for this purpose.
In-clinic test
If you have ordered an in-clinic test, then you should attend the relevant test location in good time prior to your booked appointment time. Our trained staff member will take the sample and arrange for it to be sent to our partner laboratory on your behalf. In-clinic tests will be sent to our partner laboratory on the same day. No refund shall be given if you fail to attend your appointment at your appointment time.
We will use all reasonable endeavours to meet all appointment times but time shall not be of the essence.
General services for all tests
Your results will be sent to the email address provided by you as soon as they are available.
As set out above, any delay in our laboratory receiving your sample will result in a delay in test results being available.
The Services will be deemed to have been provided once your test results have been made available. We may contact you by telephone or email regarding your sample and test results.
Section 3.1 | Samples and Test Results
Any sample you send to our partner laboratory for analysis will be analysed only in relation to the test or tests that you have ordered.
As set out above, you must send samples to the laboratory using the pre-paid envelope provided (or a quicker method) on the day the sample was taken. This is to ensure that it arrives at the laboratory as soon as possible. Samples should be posted in time for last collection and please be aware of postal delays due to weekends and bank holidays. If you are concerned that your usual postal service will not result in next day delivery, we recommend that you return your sample using a guaranteed next-day service. This will be at your cost.
Failure to comply with the previous paragraph may lead to deterioration of your sample which could affect the accuracy of your test results. We do not accept responsibility for results that are compromised due to delays in returning samples nor do we accept responsibility if your sample does not get to our laboratory for any reason beyond our control, including the sample being delayed/lost by Royal Mail. If you do not receive your results within 4 (four) working days of sending your sample to us, then please let us know. If your sample has not been received by us, we will either (at our discretion) send you another testing kit free of charge or issue you with a refund.
In a small percentage of cases tests need to be re-run or re-analysed which is an unavoidable reality with such a precise and sensitive laboratory test. Please allow for the possibility that in such circumstances it will take a little longer to get your results to you.
Occasionally the laboratory is unable to test samples sent to them at all, or in some cases one or several biomarkers (i.e. analytes) may be unable to be tested. For example: this may be because the amount collected is insufficient for full analysis or the sample has deteriorated, clotted, haemolysed (where red blood cells damaged during the sample collection process leak their contents into the surrounding plasma) or the sample has leaked in transit. For RNA or DNA tests this may be due to genetic degradation or inhibitors being present in the sample resulting in an inconclusive result.
If the laboratory cannot analyse the requested test or blood profile in its entirety, we will either (at our discretion) send you another testing kit free of charge, arrange an appointment for a repeat test, or issue you with a refund. Please note that if you have requested a blood test and a small number of biomarkers are unable to be tested, we will try our best to arrange a repeat test for those particular invalid biomarkers. We are unable to provide a partial refund for invalid or rejected biomarker(s) unless the sample is rejected and the profile cannot be tested in its entirety.
This shall be the extent of our liability to you if we are unable to perform a test you have ordered. Refunds will be processed within 10 (ten) working days. You shall not be entitled to a retest or a refund if the reason we are unable to perform a test is due to your failure to comply with these Terms.
Subject to the below, in some cases samples may be stored by our laboratory for up to 4 (four) weeks after the initial analysis has been carried out to give you the opportunity to order further tests or to repeat the analysis at an additional cost (“Storage Period”). Samples will be destroyed once the Storage Period has expired.
Every test on our website has a corresponding turnaround time. Turnaround times are an estimate (stated in working days) of the time it will take for your sample, once received by our laboratory, to be tested and the test results made available to you. Time shall not be of the essence in the provision of test results, and we do not guarantee that test results will be available within a published turnaround time.
Genetic tests and genetic testing Services
Any sample you send to our partner laboratory for genetic testing will be result in your genetic information (genetic data) being extracted and analysed, and electronically transmitted. To access the genetic information, you will be required to use our or one of our partner’s websites. You will need to agree to any alternative or additional terms and policies that may apply.
There are many subtleties to the interpretation of genetic information. Genetic information has its limitations, and it is based on interpretation of scientific studies and ongoing research. It provides limited information related to your health and wellness and it cannot be conclusive. Some results may not be clinically significant. There are other factors beyond genetic markers, such as lifestyle and environmental choices or factors, which also affect wellness traits. Genetic technology is constantly evolving, and the Services and/or genetic information interpretation may change without any prior notice.
Genetic tests and the provision of genetic information may not be suitable for everyone. Genetic testing and its results may provide information or knowledge that may cause distress or might be not what you expected. Please take this into consideration before using the Services and/or Products.
Sharing your genetic information with family, friends and other companies should be approached with caution. Some healthcare providers may use it as part of your medical records which could lead to complications or insurance policy changes.
Allergy testing Services
The allergy testing Service we provide detects the presence of IgE antibodies. The cause of allergic reactions is complex and multifactorial and the presence of IgE antibodies is just one indicator of whether a person may suffer allergic reactions. Tests for allergies are never conclusive. The test result provides a specific range of IgE levels, but it is not a clinical diagnosis and thus cannot be categorical as to whether a person is going to experience an allergic reaction.
Please be aware that in the case of food allergies, there are many individual components within a food that may cause an allergic response. The food extract or molecular component tested within the Product may not contain the chemical causing the allergy or the component may be in a different form.
Section 3.2 | How To Pay
You may pay for our Services using a debit or credit card and this includes all major credit cards such as MasterCard, Visa, American Express and PayPal. For more details please, visit our secure payment section.
Section 3.3 | Price of Products and Delivery Charges
The price of the Services will be as quoted on our website at the time you submit your order.
If you choose to return any samples to our laboratory via recorded or guaranteed next day delivery you will do so at your own cost.
Prices for our Services may change from time to time, but changes will not affect any order you have already placed.
It is always possible that, despite our best efforts, some of the Services we sell may be incorrectly priced. 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, refund you any sums you have paid and require the return of any Products provided to you.
Section 3.4 | Cancellations and Refunds
To cancel your order, please visit our Refund Order page or send us an email stating that you wish to cancel and the reason for the cancellation, together with your name, contact details, order number and amount to be refunded. You may also use the model cancellation form in Schedule 1 to these Terms (see point 14 below). Please email your cancellation request to support@keemaesthetics.co.uk. Please note, we can only process refund requests submitted via email, not by phone, so please do not call us. Your reason for cancellation will not affect your right to cancel the order. Our team will then process your request for you upon receipt.
If you send us your cancellation request by email, then your cancellation is effective from midnight of the day that the request was sent.
Self-testing kits
Where you have ordered Services including the delivery of a testing kit by post, you may cancel your order at any time before the testing kit has been dispatched to you.
Once your testing kit has been despatched (which forms part of our Services), you have up to 14 days to cancel the order.
You must return the testing kit if we have sent one to you to the address below at your cost:
London Medical Laboratory
2 Pensbury Street
London
SW8 4TJ
Provided that the testing kit being returned is complete (including return postage envelope), unused, undamaged and includes your name, address and order number, then you will receive:
- a full refund if you cancelled your order prior to the testing kit being despatched; or
- a full refund less a £10 administration fee if you cancelled your order within 14 days of despatch.
If the returned kit is incomplete, used or damaged in any way, you may incur an additional cancellation charge to cover the cost of the kit. This charge will be deducted from the total amount refunded to you.
This cancellation right does not apply if:
- you have already sent your sample to the laboratory for analysis; or
- the 14-day cancellation period has expired.
Your legal right to cancel an order starts from the date you receive the acceptance confirmation (the date on which we email you to confirm our acceptance of your order). Your 14-day deadline for cancelling the order in relation to any testing kit that has been dispatched starts from when you receive the confirmation email that the testing kit has been dispatched or from the day which you requested the dispatch.
If you cancel your order within the cancellation period and you are entitled to a refund we will refund you the price you paid for the Services less any deductions referred to above:
- within 10 working days of receiving a cancellation request if your request is received in relation to testing kits that have not yet been dispatched to you; or
- within 10 working days of receiving the returned testing kit(s)[ that have already been dispatched to you.
If you have returned the testing kit to us within the cancellation period because they are faulty or misdescribed, we will refund the price of the Services in full.
We can only refund you on the credit card or debit card used by you to pay.
Appointment bookings
For all appointment bookings, you can cancel for free up to 48 hours before your appointment time. If you cancel within 48 hours of the appointment time, then 50% of the appointment fee will be refunded and if you cancel less than 24 hours before the appointment time then the appointment fee cannot be refunded. The deduction shall reflect our administrative costs of providing the Services ahead of the appointment. This includes appointments where the appointment fee is already included. You will receive a full refund for the cost of the test, less any deductions, on the credit card or debit card used by you to pay.
Rejected, invalid, unclear or inconclusive results
We cannot provide a refund or partial refund if your sample is rejected by the laboratory, or if any of your results are unclear, invalid, rejected or inconclusive. In these cases, we will provide a free of charge replacement test, at our discretion. Please see section 4 above for further details on rejected or invalid biomarkers. We cannot provide a refund if your sample is delayed or lost in the post, does not reach our laboratory or if you do not supply us with a correctly completed test request form and we are unable to process your sample. We cannot refund tests that have already been taken or processed.
Section 4 | Private Prescriptions
Your consulting Medical Professional (Independent Nurse Prescriber) issue a private prescription for medicines appropriate for your condition, only when in their professional judgement and based on the medical history you have provided and the symptoms you describe, it is in your best interests to receive the medicine.
Medical Professional prescribes in accordance with the Nursing and midwifery Council (NMC) prescribing guidelines, that comply with General Medical Council guidelines on remote prescribing and essential standards of quality and safety as interpreted by the Care Quality Commission. We may refuse to prescribe medicines when we believe it is not in your best interests to receive those medicines without the benefit of an in-person consultation. We strongly advise you to share information with your regular Doctor/GP about any private prescriptions you receive.
Certain classes of medications such as specialist drugs, medications requiring close monitoring or controlled drugs (for example benzodiazepines such as sleeping tablets, opioids such as morphine and fertility medications) and other classes of strong pain killers (for example high dose Codeine Phosphate) are not suitable for online prescribing. This is not an exhaustive list and your consulting Medical Professional advise you that a particular medication may not be suitable for an online prescription at the time of the appointment.
If you are issued a prescription, depending on a number of factors including your location and the medication you have been prescribed, a prescription may be fulfilled in the following ways:
a. Collect your medication from your local pharmacy (ePrescription or directly arranged by Us).
b. Dispensed using our affiliate pharmacy partner (“Pharmacy Affiliate”).
Where a prescription is fulfilled by our Pharmacy Affiliate:
a. Our private prescriptions are processed by a dispensing Pharmacy Affiliate who can ensure fulfilment of medications to you. The dispensing Pharmacy Affiliate is a separate entity from KEEM Medical and Aesthetic Clinic and to the extent permitted by law we disclaims any liability for any acts or omissions of the dispensing Pharmacy Affiliate and has no control over or responsibility for any individual Pharmacy Affiliate, their policies in relation to acceptance or otherwise of private prescriptions, delivery of private prescriptions, opening hours or availability. We receive no remuneration for prescriptions from Pharmacy Affiliates;
b. For the purposes fulfilling your prescription and verifying your identity on collection or delivery of your medication, you authorise KEEM Medical and Aesthetic Clinic to share your prescription and contact data with the Pharmacy Affiliate, taking all reasonable steps to protect your personal information. The Pharmacy Affiliate will contact you directly to process the prescription including confirmation of your details and taking payment from you for the medications prescribed and arranging delivery where applicable.
c. In instances when the Pharmacy Affiliate services are not appropriate or not available a prescription can be sent to a local pharmacy for similar processing of delivery or collection.
Private prescriptions are always chargeable to the patient. The dispensing pharmacy determines the price of the medication for which we have no involvement and receive no commission.
You acknowledge that you and the dispensing pharmacy are solely responsible for arranging to receive medication and paying for such medication and delivery (where a delivery service is used) on such terms that you agree with the pharmacy that dispenses the medication. You are under no obligation to purchase any prescribed medication. We shall not be responsible for ensuring that you receive the medicine you are prescribed or that the medicine you receive is the same as that prescribed.
You will comply with any instructions given in relation to any prescription provided to you including and in particular route, timing and dosages. We are not responsible for any instructions in relation to the medication provided by a pharmacist or anyone else associated with the provision of medication you have been prescribed.
You will promptly report any side effects of any prescription to a doctor.
You will protect anything prescribed to you and not permit any other person access to the prescribed medication.
You will not use any prescription after its expiry date.
Our Medical Professionals are unable to provide private repeat prescriptions for ongoing conditions. Our Medical Professional may be able to provide a short-term supply of such medication but will direct you back to your regular doctor as appropriate to seek further prescriptions for the same medication.
You are advised to inform your GP of any medication changes advised by a Medical Practitioner.
Section 5 | Medical Certificates and Referrals
Subject to your agreement, we can provide referrals to a (or multiple) specialists and private in person GPs where clinically appropriate and suitable. KEEM Medical and Aesthetic Clinic Medical Practitioners will always make best efforts to ensure the most appropriate referral and recommendation is made.
Our referral letters do not specify a named individual consultant but are made on an ‘open referral’ basis specifying the appropriate medical specialty.
We cannot advise if a claim will or will not be accepted by your Healthcare Scheme or medical insurance provider. It is the responsibility of the patient to discuss claim options with their insurer if appropriate.
Your consulting Medical Practitioner can supply a statement of fitness for work, known as a “Fit Note” where clinically appropriate, up to a maximum of six weeks, in two-week increments.
Section 6 | Keeping your GP informed
We strongly recommend that your medical information is shared with your regular GP.
In the UK we can share this on your behalf, however, we will not share information unless we have your express permission or there is a risk of harm or an overriding public interest in disclosing the information without your consent. This is in accordance with applicable laws and the Nursing and Midwifery Council (NMC) guidance which may from time-to-time change.
As we explain in our Privacy Policy, we take all reasonable steps to ensure that the personal data we hold about you is correct and not misleading. However, we are also reliant upon you providing us with correct data and keeping this up to date, including the information of who your current registered GP is.
To the extent permitted by applicable law, KEEM Medical and Aesthetics Clinic has no responsibility and does not accept any liability arising from or in connection with incorrect data entered by you, or your appointment notes being sent to the wrong GP, as a result of you providing us with incorrect data that we deem it reasonable to rely upon as accurate.
In addition to and without effecting the clause above, we may also check from time to time your information held on the PDS (if applicable) to update your current GP and Healthcare Number and take any other steps we deem reasonably necessary to ensure so far as possible that the data we hold about you is correct and up to date.
Where you ask us to do so or as otherwise set out above we will do everything reasonably possible to share your medical notes with your GP. However, if your GP does not accept your notes for any reason, we will inform you, and you may need to share your notes directly. We will not be liable for any losses incurred or suffered by you or any third party – e.g. family member, as a result of a GP refusing to accept or process the medical notes we hold about you.
Section 7 | Our Liability
The Services, including any Products, you purchase from us are for private use only and you agree not to use the Services, including any 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.
Subject as follows, our total liability to you in contract, tort, misrepresentation or otherwise resulting from an order for Services is limited to the total value of the Services – meaning the price you paid for the Services, including any Products.
We shall not be in breach of these Terms and are not liable for any costs (including travel), loss, delay, inconvenience or damage you suffer as a result of :
- the sample you send being lost, delayed or damaged in transit or via post from you to us;
- the laboratory being unable to test your sample for any reason;
- samples having to be re-run or re-analysed;
- any injury you may suffer when using finger-prick lancets unless the lancet is shown to be defective;
- test results not being made available to you within the turnaround time stated for any Services;
- your ordering of the wrong test or failure to understand the limitations of a particular test result(s) and/or test report;
- your failure to follow instructions provided to you in relation to sample collection or pre-sample preparation requirements, such as fasting;
- your failure to act upon our advice if we recommend that you seek medical advice or attention having taken a test;
- your failure to show out-of-range test results to your GP or doctor;
- your misinterpretation of the test result and/or test report;
- your failure to send a sample to the laboratory for testing within the Validity Period outlined above;
- your failure to attend a pre-booked appointment;
- your sharing or disclosure of test results and/or genetic information to third parties;
- Events Outside Our Control as described below.
This is a non-exhaustive list, and you should carefully read these Terms in their entirety for full details of our obligations.
If we fail to comply with the Terms then, subject to our cap on liability and other limitations below, we are only responsible 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 the Contract. We are not responsible for any loss or damage that is not foreseeable.
We do not in any way exclude or limit our liability to you where it would be unlawful to do so. This includes liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- 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;
- 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); and
- defective products under the Consumer Protection Act 1987.
Section 8 | Events Outside Our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our Services, or other contractual obligations, that is caused by any act or event beyond our reasonable control.
If an event outside our control takes place that affects the performance of our contractual obligations:
- we will contact you as soon as reasonably possible to notify you; and
- our contractual obligations will be suspended and the time for performance of our obligations will be extended for the duration of the event outside our control.
Where the event outside our control affects our delivery of testing kits to you, we will arrange a new delivery date with you once the event outside our control is over.
You may cancel an order affected by an event outside our control which has continued for more than 14 days. To cancel, please contact us. If you opt to cancel, we will refund in full the total price you have paid for the Services.
Section 9 | Your Personal Information
You must provide us with some personal information, including your first and surnames, address, gender and date of birth in order for our laboratory to process your test. Name, date of birth and gender are required by our laboratory for identification purposes.
You are also given the option to provide 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 complete the Test Request Form. Please note that whether you provide this information or not does not change the fact that you are entirely responsible for consulting a health professional for assistance in the interpretation of your results and please remember that laboratory testing alone is never a substitute for seeing a qualified healthcare professional.
Except as set out below, any information that you give us will be used solely in relation to the 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 companies, and referral laboratories and/or to our employees and agents for the purposes of preparing your sample and analysing and interpreting the results. In some cases, we may use a laboratory or company outside the United Kingdom to process, analyse and/or interpret a sample.
We may use your information for our own business analysis, product development and (with relevant consent) marketing purposes and may pass limited information about you to third parties engaged by us under a duty of confidence to assist us in these tasks. 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.
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 these Terms.
We only use your personal information in accordance with our Privacy Policy. Please take the time to read our Privacy Policy as it includes important terms which apply to you.
Section 10 | Our Right to Vary These Terms
We may amend these Terms from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons. The new Terms will be available on our websites.
Every time you order Services from us, the Terms in force at the time of placing your order will apply to the Contract formed between you and us.
If we have to revise the Terms as they apply to your order, and if you are not happy with the changes, you may cancel the order in respect of any test to be conducted, testing kit received (so long as it has not been opened, used or damaged) or just the testing kit you are yet to receive, or either of these combinations (if applicable).
Section 11 | Other Important Terms
The 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.
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.
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.
Please note that the Terms are governed by English law. This means a Contract for the purchase of Services through our website or otherwise and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree 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.
Section 12 | Contacting Us
If you want to contact us for any reason; or for further information, advice, to return a testing kit, complain or to ask for a refund please use the contact information below or use the online form on this “Contact us” page.
Contact information
Company Name: KEEM Medical Aesthetic Clinic
Company number: 12194598
Email Address: support@keemaesthetics.co.uk
Address: 20 Bradley Road, London, SW4 8FA
Phone Number: (+44) 07575 7883 75
By providing us with your contact details you give us your consent to contact you about our Services and Products you have bought or enquired about. If we do need to contact you, we will email or phone you using the contact details you provide to us when you order our Services. We may leave you a message if necessary. We send you test results via email, so it is your responsibility to ensure that your contact details are correct and kept up to date.