Terms and Conditions

TERMS AND CONDITIONS

  1. Set Points Health Ltd ‘’we/us’’ is a company registered in England and Wales under company number 10534268.

  2. The customer ‘’you’’ is anyone who has purchased products or services from us.

  3. These terms and conditions along with our Privacy Policy set out how we intend to do business and apply throughout our website and during any communication be it written or verbal. 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.

  4. The interpretation of your results are intended to guide you in understanding your health but do not, and are not intended to, constitute a clinical diagnosis. This service is not a substitute for proper medical investigation it is not diagnostic and our comments are based on information available to us at the time. Sometimes information may be insufficient to gain a complete understanding of your health or a condition you may be suffering from. We do not replace your regular responsible clinician so if you have any concerns regarding your health or your test results you should discuss them directly with your GP or a doctor.

  5. 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 that you see your GP for further investigation or both. You agree that you are solely responsible for acting on such guidance and that Set Points Health Ltd accepts no liability in the event you choose not to do so.

  6. For certain tests, and through implied agreement by using this service you agree that we may share any test results that are outside of the normal range with your GP or a qualified medical professional. You further agree that Set Points Health shall not be liable in any way for your failure to do so.

 

COLLECTING PERSONAL INFORMATION
 

  1. Our online questionnaire forms allow us to collect information that enables us to deliver our products and services effectively. We ask for basic information in relation to your medical history, lifestyle, family health history, post code, medications and gender as these help us interpret your results. We may also ask if you have any symptoms, current or past that may be relevant to the test at the time you place an order.

  2. Not all information we collect is compulsory and you have the right to choose not to disclose certain information or any information you feel the need to withhold. However please note that interpretation of your results rely on adequate and correct information being provided.

  3. Any information that is collected will be used solely to give you personalised feedback. 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 (which may be located in countries outside of the EU) and/or to our employees and agents for the purposes of preparing your sample and analysing and interpreting the results. We may use your information for our own business analysis, product development and marketing purposes and may pass 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, including publication or examining aggregate medical or clinical trial data.

 

PRODUCTS AND SERVICES

  1. You can purchase our products and services online. If you do not find the product you are looking for please get in touch at help@wetrackhealth.com as we can tailor a package for you specifically.

  2. Tailored packages are available for individuals and health club partners we choose to work with.

  3. Our testing kit can be posted to you to carry out at home or in the workplace. You can also pick up a testing kit from participating health clubs.

  4. Certain products and services such as 3D body scans and phlebotomy services to help you collect blood samples are only available in person.

  5. These can be arranged by using our online booking system or directly through your health club. You may also get in touch using help@wetrackhealth.com

  6. When using our DIY test kit to collect a blood sample it is important to send it to our laboratory partner on the day it is taken (in the pre-paid envelope provided) to enable the sample to be analysed.

  7. The test results and any accompanying report will be delivered via encrypted email and/or WhatsApp messaging service. We may contact you by telephone regarding your sample and test results if necessary.

  8. The Product will be deemed to be fulfilled once your test results have been made available as described in 7.

  9. If you fail to collect your sample we will endeavour to send you a replacement test kit which may incur a charge. If your test kit arrives in poor condition or there are items missing please get in touch at help@wetrackhealth.com

  10. You may only purchase Products from our website if you are at least 18 years old and are providing your own sample for testing. You must also provide us with certain personal information, including your name, address, gender and date of birth in order to purchase a test. Name and date of birth are standard means of identifying biological samples at our partner laboratories.

  11. Some of the tests sold by us are specialist pathology tests. You agree that you are solely responsible for selecting tests and that any tests you do purchase from Set Points Health are suitable for you and their intended purpose. If in doubt please talk to your doctor or a qualified medical professional.

 

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 to us. Please take the time to read and check your order at each stage of the order 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. The contract between us will only be formed on the date we send you the confirmation email.

  3. The test is valid for 6 (six) months from the date we post the testing kit to you. If you do not send a sample to the laboratory within the Validity Period your test will expire and you will not be entitled to a refund.

  4. If you do not follow the instructions you will struggle to collect an adequate sample and as such you will not be entitled to a refund. Instructions are particularly important when it comes to labelling and postage of your sample.

  5. If the laboratory deems your sample ‘’insufficient’’ or ‘’clotted’’ this could mean that you had difficulty collecting your sample. In such an instance we will contact you to arrange a replacement kit and provide additional help when collecting your sample.

  6. If for any reason, we are unable to perform a test you have ordered, we will inform you by email or by phone and will not send an Acceptance Confirmation. If you have already paid for the test we will refund you the full amount within 5 working days, not including weekends and bank holidays.

  7. By purchasing a test and sending a sample to one of our laboratories you are giving Set Points Health  and its partner laboratories your informed consent to perform the tests you have ordered.

  8. We share your information with your personal trainer, if you have one.

  9. We reserve the right to use your data for research and publications and to improve our services. In accordance with GDPR you can request the information we hold about you at any time

 

Payment
 

  1. You may pay for Products and Services using a debit or credit card, we accept all major carriers including PayPal.

 

PRICE OF PRODUCTS AND DELIVERY CHARGES
 

  1. The price of the Products will be as quoted on our website at the time you submit your order.

  2. Postage is typically included free but 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.

  3. Prices for our Products may change from time to time, but changes will not affect any order you have already placed.

  4. The price of a Product includes VAT at the applicable current rate chargeable in the UK for the time being.

 

DESPATCH AND DELIVERY
 

  1. After your payment has been processed and you have received a confirmation email we will send you a testing kit (if required) by post and you should receive it within 5 (five) Working Days, within the United Kingdom but we cannot guarantee this.

  2. Alternatively you can request to have your sample collected at one of our participating health clubs by contacting help@wetrackhealth.com

  3. Delivery of a testing kit shall be completed upon our first attempt to deliver it to the address you have provided and the testing kit and sample will be your responsibility from that time until it reaches our laboratory for analysis.

  4. If you lose or damage your testing kit, we will send you a replacement kit subject to payment by you of £10 to cover the cost of doing so.

  5. If your testing kit arrives in the post damaged, we will send you a replacement kit as soon as you notify us.

 

Collecting your sample and receiving your result
 

  1. Any sample you send (whether it is blood, tissue, bodily fluid, or other biological sample) to one of our laboratories for analysis will be analysed only in relation to the test or tests that you have ordered.

  2. Certain tests require you to fast for a minimum period prior to collecting a sample, refrain from consuming alcohol beforehand, take your sample at a certain time of day, or prepare in other specified ways. We will provide you with clear instructions if you order a test with special sample requirements and it is imperative that you follow these instructions carefully to ensure reliable test results.

  3. Samples for certain tests can be collected by you using the self-collection kit we send you. These tests are clearly marked on the website. We will send a collection kit as soon as your order has been accepted. Please follow the enclosed instructions carefully and return your sample using the pre-paid envelope provided on the same day it was taken.

  4. You must send samples collected as described in the instruction leaflet to the laboratory using the pre-paid envelope provided on the day the sample was taken to ensure that it arrives at the laboratory the following day. Failure to do so 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 or where samples are lost in the post. 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.

  5. Testing failure most commonly occurs with blood samples taken using finger-prick home collection kits. If the laboratory cannot test your sample, we will send a second home collection kit to you for you to repeat the process. If this second sample cannot be tested, we will give you the option to have blood drawn by phlebotomy (for which you will pay an extra charge) or to cancel the order.

  6. In some cases, samples may be stored by our laboratories for up to 4 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.

  7. Every test on our website has a corresponding turnaround time which is an estimate of the time it will take for your sample, once received by the laboratory, to be tested and the test results made available to you via email or WhatsApp. Turnaround Time 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.

CANCELLATIONS AND REFUNDS
 

  1. You may cancel your order at any time before a sample collection kit has been dispatched to you and receive a full refund.

  2. Once your testing kit has been despatched, you have up to 30 days to cancel the order. The testing kit is non-refundable and a cancellation charge of £10 will be used to cover the cost of the kit. This charge will be deducted from the total amount refunded to you.

  3. This cancellation right does not apply if:

    1. you have failed to attend a confirmed appointment for phlebotomy arranged in connection with your test;

    2. you have already taken your sample and or sent your sample to the laboratory for analysis;

    3. or the 30-day cancellation period has expired.

  4. Your legal right to cancel a Contract starts from the date you receive the Acceptance Confirmation (the date on which we e-mail you to confirm our acceptance of your order). Your 30-day deadline for cancelling the Contract in relation to any testing kit that has been despatched starts from when you receive the confirmation email that the testing kit has been despatched.

  5. 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 help@wetrackhealth.com.

  6. If you send us your cancellation request by e-mail, then your cancellation is effective from the date you send us the e-mail.

  7. 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 Product(s) within 7 Working Days of receiving a cancellation request if your request is received in relation to testing kits that have not yet been despatched.

  8. 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 Products in full.

  9. We will refund you on the credit card or debit card used by you to pay.

OUR LIABILITY
 

  1. The Products you purchase from us are for private use only and may be used commercially with prior agreement and acceptance. We are not liable to you for any loss of profit, loss of business or revenue, business interruption or loss of business opportunity.

  2. Subject to clauses stated in this document, 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. the sample you send being lost, delayed or damaged in transit or via post from you to us;

    2. the laboratory is unable to test your sample for any reason;

    3. any injury you may suffer when using finger-prick lancets unless the lancet is shown to be defective;

    4. test results not being made available to you within the turnaround time stated for any Product;

    5. your failure to follow instructions provided to you in relation to sample collection or pre-sample preparation requirements, such as fasting;

    6. your failure to act upon our advice if we recommend that you seek medical advice or attention having taken a test;

    7. your failure to show out-of-range test results to your GP or doctor

    8. your failure to send a sample to the laboratory for testing within the Validity Period outlined in this document;

    9. your failure to attend a pre-booked phlebotomy appointment;

    10. loss or damage that is not foreseeable.

    11. It is your responsibility to ensure that the relevant sample has been collected and sent to our laboratory within the Validity Period

 

 

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. 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, and

    2. 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. 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.

  3. 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.

 

OUR RIGHT TO VARY THESE TERMS
 

  1. We may amend the Terms from time to time.

  2. 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.

  3. 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 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 both (if applicable).

  4. If you opt to cancel the Contract, you must return any relevant testing kit you have already received (that has not been opened, used or damaged) and we will arrange a full refund of the price you have paid once we receive the returned testing kit.

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 

 

How to get in touch

  1. If you wish to contact us for any reason, including cancelling a Contract or to make a complaint, you can contact us by email at help@wetrackhealth.com

  2. If you contact us by email please include your order details to help us identify it.

  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 you have bought or enquired about. If necessary we may leave you a message. It is your responsibility to ensure that your contact details are kept up-to-date.

Manchester

United Kingdom

©2020 by Set Points Health Ltd