D2C Service Terms and conditions

1. In these terms:

• • we, us, or our means Informed Genomics Limited trading as Nonacus Clinical Services, a company registered in England and Wales. Our company registration number is 13082290 and our registered office is at Unit 5 Quinton Business Park 11 Ridgeway, Quinton, Birmingham, England, B32 1AF (Registered Office);
  • you means the person placing an order for our services and your will be interpreted accordingly.

2. These terms and conditions (Terms) apply when we supply you with genetic risk tests, an associated report on your genetic risk and pre-test and post-test support, as listed on our website nonacus.com (our Website). In these Terms each service is a Testing Service (together the Testing Services), and each test is a Test (together the Tests). Each Test and Testing Service will have a unique test identification associated with it (a Test ID) and an associated report (a Report).  Any order for a Test and Testing Services placed on our Website is an Order.
3. A saliva sample is taken for the purposes of completing a Test in relation to an Order (each a Sample). The person that the Sample is to be taken from shall for the purpose of the Contract and these Terms be the As part of our Testing Services we will create a profile for the Individual together with a unique identifier associated to their profile (an Individual Identifier). The Individual Identifier will be used on all records created for that Individual as part of our Testing Services.
4. These terms tell you who we are, how we supply Tests and Testing Services to you, how you and we may change or end the contract between us, what to do if there is a problem and other important information.
5. Our Testing Services can only be provided in relation to an applicable Test, purchased as part of your Order.
6. Please read these Terms carefully and ensure you understand them before you place an Order for Tests and Testing Services from our Website. Please contact us if immediately you think that there is a mistake or they require any changes.
7. By placing an Order, you agree and confirm that:

• • you are 18 years of age or over;
  • you are able to enter into contracts with us;
  • all the information you provide, including the details set out in your Order, is correct;
  • you have the right and authority to share personal data with us about yourself and any Individual providing a Sample in relation to your Order;
  • you will carefully follow and ensure that any person collecting the Sample follows all instructions provided with the Tests and available on our Website, including those on how to conduct the Test and safely packaging Samples;
  • you will carefully review and complete all Required Information (see Clause 2) which is to be provided alongside the Test;
  • you will ensure that the Test is carried out on the Individual whose details are associated with the relevant Individual Identifier;
  • you agree to be bound by these Terms; and
  • that these Terms, together with the terms detailed on our Website relating to its use and our Privacy Notice (https://nonacus.com/privacy-notice/) form that basis of the contract between you and us for the supply of Tests and Testing Services. In particular we draw your attention to the following Clauses:
    • Clause 5 (Changes);
    • Clause 6 (Price and Payment);
    • Clause 7 (Delivery of Tests);
    • Clause 12 (Your right to change your mind and end the Contract);
    • Clause 14 (Our rights to end the Contract);
    • Clause 18 (Our responsibility for loss or damage suffered by you).

8. You should print out a copy of these Terms for future reference.

1. You can contact using the following ways:
   • by email at info.genetictesting@nonacus.com; or
   • by post at Informed Genomics Limited trading as Nonacus Clinical Services, Unit 5 Quinton Business Park 11 Ridgeway, Quinton, Birmingham, England, B32 1AF
2. If we have to contact you we will do so using the telephone number, email address or postal address you provided to us in your Order.

1. Our order process has a number of steps that must be followed and completed before you can proceed to check out and complete your Order (our Order Process). Please follow our Order Process carefully.
2. You must review and check the details of your Order carefully and ensure:
   • all information is complete, accurate and free from any errors or omissions;
   • you have selected the correct type and quantity of Tests and Testing Services you require; and
3. By completing our Order Process, you are placing an Order with us for the Tests and Testing Services you have selected as part of our Order Process.
4. Our acceptance of your Order (Order Confirmation) will take place when we send you an email (to the email address you provided for this purpose as part of our Order Process) to confirm:

• • that we accept your Order; and
  • which Tests and Testing Services we are supplying.

5. Upon Order Confirmation a contract will come into existence between you and us for the supply of Tests and Testing Services set out in our Order Confirmation (the Contract). Your right to cancel the Contract will end and you will no longer be able to return the Test purchased if we start to provide the Testing Services in accordance with our Order Process (see also Clause 12 for details of your rights to change you mind and end the Contract).  When we accept your Order we will assign it with an order number and tell you what it is.
6. If we are unable to accept all or part of your Order, we will notify you and not charge you for any Tests and Testing Services which we are unable to provide under the relevant Order. Where a charge has been taken for Tests or Testing Services which we have been unable to provide, we will refund the relevant amount taken via your payment method in respect of those Tests and Testing Services.
7. We may be unable to accept your Order or part of it for the following reasons:

• • where the Tests and Testing Services you have chosen are out of stock or we do not have the required number to fulfil your Order;
  • where we do not have sufficient capacity at the Testing Facility to provide all or part of our Testing Services (as applicable); or
  • where we have identified an error in the price or description of the Tests or our Testing Services.

8. Our Website is intended solely for the promotion of our products in the UK.
9. We only accept Orders from people who are over the age of 18.

1. Where you have ordered a Test, the Individual will receive a link enabling the initial discussion with a genetic counsellor who will explain the process of our Testing Services and how the Report is generated following testing of an Individual’s Sample, as well as collecting family history and ensuring the correct test is selected.

1. Your rights to make changes to your Order – If you wish to make a change to the Tests and/or Testing Services you have ordered, please contact us as soon as possible and we will let you know if the change is possible. Due to the nature of our Tests and Testing Services, once we have started to provide the Testing Services you will not be able to make changes other than to correct errors in Individual’s information you provided at the time of placing your Order. If it is possible, we will let you know about any consequential adjustments to the price of the relevant Tests and/or Testing Services, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm that you wish to go ahead with the change.
2. If the circumstances set out in Clause 1 do not apply and we cannot make a change to your Order as requested by you, or the consequences of making the change are unacceptable to you, you may seek to end the Contract (see Clause 12 - Your rights to end the Contract).
3. Our rights to make changes – We may change the Test or our Testing Services:
   • to reflect changes in relevant laws, regulatory requirements, testing methods and/or sample collection methods; or
   • to implement minor technical adjustments and improvements. These changes will not affect your use of the Tests or our Testing Services.
4. More significant changes to the Tests or Testing Services and our terms – In addition, we may change the range of or type of Tests and Testing Services which we offer, but if we do so we will notify you in advance. You may then contact us to end the Contract before the changes take effect and receive a refund for any Tests and/or Testing Services paid for but not received.

1. The price of Tests and Testing Services will be the price indicated on our Website at the time you place your Order. All prices include any relevant VAT that may apply and the cost of delivery. We may make offers and discounts from time to time at our discretion. We take all reasonable care to ensure that the price of the Tests and Testing Services advised to you is correct.
2. Incorrect pricing and errors - It is always possible that, despite our best efforts, some of the Tests and Testing Services we sell may be incorrectly priced on our Website. Where the correct price of the Tests and Testing Services at the date of your Order is less than our stated price at the date of your Order, we will charge you the lower amount. If the correct price at the date of your Order is higher than the price stated to you, we will contact you for your instructions before we accept your Order. 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 and refund you any sums you have paid.
3. All Tests and Testing Services must be paid for upon placing your Order.
4. We accept payment by most major credit and debit cards using our payment provider – please see the Website for the most recent payment methods.

1. The cost of delivery of Tests to you is included in the price for the Tests and Testing Services. Details of how and when your Tests will be delivered will be notified to you after you place your Order. Further information regarding delivery is available on our Website.
2. If we are unable to deliver Tests within the timeframes described on our Website, we will deliver Tests as soon as we are able to do so.

1. The Tests will be your responsibility from the time our designated delivery service delivers them to the delivery address you provided within your Order.
2. You must ensure that you store Tests in a safe and secure manner and in accordance with any instructions we give you, and ensure that you do not remove items from their packaging until you are ready to complete the Test. We are not responsible for any damage caused to Tests or any of their components or any inability to complete the Test where the Tests or any components within the Test have not been stored strictly in accordance with this Clause 8.

1. All Tests require the collection of a saliva sample (each a Sample) from the Individual.
2. Irrespective of whether you, the Individual, another person (including a medical practitioner) is to collect the Sample, you are responsible for and must ensure that:
   • you read carefully and complete the order form on our Website, including (where applicable) the consent information and the medical history (Required Information), and that all such information is complete and accurate.
   • the Test and any component parts are used strictly in accordance with any instructions for use, storage, Sample collection and Sample storage provided with the Tests and that the Sample is collected and stored in accordance with these Instructions;
   • the Sample is collected from the Individual associated with the correct Individual Identifier; and
   • any Test or any items within the Test which are broken or have torn packaging are not used;
   • (where applicable) the Sample is put in the designated sample tube, placed in the included packaging and labelled using the label provided as part of the Test for the Individual. You must check and ensure that the Individual’s name and the Individual Identifiers relate to the person whose Sample is being placed in the relevant tube;
   • where the Sample is to be sent to our designated testing facility, that the Sample is packed in accordance with the packing Instructions and returned to the address set out in the Instructions or on the returns label (as applicable) (the Testing Facility) via Royal Mail (or relevant courier service). NB Failure to follow the Instructions and the method described may result in a delay in the Samples reaching the Testing Facility and we cannot and do not guarantee that the Samples will be tested and Results will be provided by any date by which you may inform us that you require Results, or that the Samples will be suitable for the Testing Services.  We are not responsible for any damage caused or failure to provide our Testing Services in respect of any Samples where they have been incorrectly packed and despatched; and
   • the safe disposal of the waste items from the Test.
3. You agree that failure to:

• • comply with Clause 2 may result in us being unable to provide any or all of our Testing Services and in particular the Testing Facility being unable to analyse the Sample, and we will not be held liable where we are unable to provide all or part of our Testing Services and/or analyse a Test in such circumstances:
  • use Tests safely and in accordance with the Instructions may result in personal injury and harm and in the absence of any negligence or other breach of duty by us, the use of Tests is entirely at the Individual’s own risk;
  • strictly follow the Instructions may result in an inaccuracy or failure of the Test due to the poor quality of the Sample collected and we will not be held liable for any incorrect Result or our inability to provide a Report or Result; and
  • conduct the Test on the correct Individual will produce misleading or incorrect Results or Reports which may be attributable to the incorrect Individual and we will not be held liable for any inaccuracy caused by such error.

1. You agree and acknowledge that:
   • provided all Required Information has been supplied to us by you on behalf of the Individual, and the Sample has been packed in accordance with the Instructions, and has not been damaged in transit, we aim to have the Sample tested at the Testing Facility within the timeframes set out in the Order Confirmation; and
   • where a Sample has not been packed in accordance with the Instructions or is found to be damaged when it is received at the Testing Facility, it will not be tested by the Testing Facility and will be disposed of accordingly. In these circumstances we will contact you to arrange a second Sample from the Individual at your additional cost.

1. Where a Genetic Test has been taken:

1. • provided that all Required Information has been provided to us and the Sample has been returned and tested in accordance with Clause 10, we will arrange for you to speak with a genetic counsellor to discuss the results, and subsequently we will send a report on the Individual’s genetic result (a Report) by email to you;
   • where we are unable to generate a Report in respect of a Sample for reasons outside of our control, which may be due to a Test not having been carried out in accordance with the Instructions, these Terms or the Sample having been contaminated, we may request a second Sample from the Individual at your additional cost. You will not be entitled to a refund in these circumstances; and
   • the Report may identify a genetic variant of uncertain significance (a VUS). Where the Report identifies a VUS, we may re-run the analysis of the Sample at a later date. In the event we are able to reclassify the VUS, we will notify you of any changes to the Report via the email address provided as part of our Order Process.

1. Your rights to end the Contract will depend on the type of Test and Testing Service you have purchased, whether there is anything wrong with the Tests, how we are performing our Testing Services and when you decide to end the Contract:

• • if what you have bought is faulty or misdescribed, you may have a legal right to end the Contract (or to get the particular Test replaced, a Service re-performed or to get some or all of your money back), see Clause 16;
  • if you want to end the Contract because of something we have done or have told you we are going to do, see Clause 3; or
  • if you have just changed your mind about the Test and Testing Services, see Clause 2. You may be able to get a refund however this may be subject to deductions and you will have to pay the costs of return of any Test (see Clause 12.6).

2. Your right to change your mind (Consumer Contracts Regulations 2013) – For most Tests and Testing Services bought online you have a legal right to change your mind, cancel the Contract and receive a refund at certain stages in the process (Cooling off Period). Where you have purchased Tests and Testing Services, the Cooling-off Period starts as soon as you receive our Order Confirmation. Your right to change your mind can then be exercised provided that you have not asked us to start providing the Testing Services in respect of such Tests and/or the Tests have not been dispatched and/or you have already had the initial consultation with the genetic counsellor.
3. You also have the right to end the Contract for one of the following reasons:

• • we have told you about an upcoming change to the Test and/or Testing Services or these terms which you do not agree to (see Clause 3);
  • we have told you about an error in the price or description of the Test and/or Testing Services you have ordered and you do not wish to proceed;
  • there is a risk that the supply of Tests may be significantly delayed because of events outside our control;
  • we have suspended the supply of Tests or our Testing Services for technical reasons, or we have notified you we are going to suspend them for technical reasons; or
  • you have a legal right to end the Contract because of something we have done wrong.

Where you have the right to change your mind in accordance with Clause 12.2 or to end the Contract for one of the reasons set out in Clause 12.3 and you wish to do so, please email us at info.genetictesting@nonacus.com with your order number and delivery address and a brief description of the reason for your cancelling the Contract.

4. Returning Tests – If you end the Contract for any reason after Tests have been dispatched to you or you have received them, you must return the entirety of the Test to us. You must post them back to us at Unit 5 Quinton Business Park 11 Ridgeway, Quinton, Birmingham, England, B32 1AF. Returning the kit will be at the cost of the Customer unless specified in Clause 12.6.
5. We will pay the costs of return in the following circumstances:

• • if the products are faulty or misdescribed; or
  • if you are ending the Contract for one of the reasons under Clause 3.

In all other circumstances, including where you are exercising your right to change your mind, you must pay the costs of return.

6. Refunds - If you are ending the Contract for one of the reasons set out in Clause 3 or under your right to change your mind and cancel the Contract in accordance with Clause 12.2, we will refund you the price you paid for Tests and our Testing Services, by the method you used for payment. We will make any refunds due to you as soon as possible.
7. If you are exercising your right to change your mind in accordance with Clause 2:
8. • we may reduce the amount of your refund (excluding delivery costs) to reflect any reduction in the value of the Tests if this has been caused by your mishandling them in a way which is inconsistent with the Instructions or other information we have provided you with. If we refund you the price paid before we are able to inspect the Tests and later discover you have handled them in an unacceptable way which has caused them damage, you must pay us an appropriate amount;
   • the maximum refund for delivery costs will be the costs of delivery by the least expensive method we offer for delivery; and
   • where you have purchased Tests and Testing Services, we may reduce your refund by an amount for the supply of the Test and for the particular Testing Services provided for the period during which we which supplied such Testing Services, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied in comparison to the full coverage of the Contract.

8. If you inform us that you would like to cancel your Testing Services prior to the sample collection kit being processed and sent to you, you will be entitled to a refund of the price paid, minus a handling charge of £20.
9. If the sample collection kit has been dispatched to you, then a charge for the kit and postage will be deducted (along with the handling charge) of £50.
10. In the event that the cancellation is not received and acknowledged prior to the Sample arriving at the Testing Facility, then no refund will be issued.

1. We may end the Contract at any time by writing to you if:
   • you do not provide us with information that is necessary for us to provide Tests and/or our Testing Services within a reasonable time of us asking for it; or
   • you do not allow us to deliver the Tests to you.
2. If we end the Contract in the situations set out in Clause 13.1, we will refund any money you have paid in advance for Tests and Testing Services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the Contract, which includes an administration cost of £50 to cover bank charges, refunds, sample collection kits and delivery costs (as applicable).
3. We reserve the right to refuse to process a Sample returned to us for testing if such Sample is not received within 6 months of the date of dispatch of the Test, as set out in the Order Confirmation.

1. We may have to suspend the supply of Tests and Testing Services:
   • to deal with technical problems or make minor technical changes; and/or
   • to update or make changes to Tests and/or our Testing Services to reflect changes in relevant laws, regulatory requirements, testing methods and/or Sample collection methods.
2. We may write to you to let you know that we are going to stop providing Tests and Testing Services. We will let you know at least 7 days in advance of our stopping the supply of Tests and Testing Services and will refund any sums you have paid in advance for Tests and Testing Services which will not be provided.

1. If you have any questions or complaints about Tests and/or our Testing Services, please contact us by emailing genetictesting@nonacus.com.
2. If a Test is delivered damaged, please contact us immediately by emailing info.genetictesting@nonacus.com and we will arrange for a replacement Test to be provided to you (at no extra cost).
3. If you damage a Sample (or any container in which the Sample is to be placed) prior to returning it to us, please dispose of the Sample and container safely and do not return either to us to minimise the biological risk the Sample and/or damaged container may pose.
4. If a Sample is delivered to the Testing Facility and it has been damaged whilst in transit with our designated courier, we will contact you and arrange for a replacement Test to be delivered to you (at no extra cost). We will not be responsible for any damage to a Sample in transit where it has not been packed correctly by you or is otherwise damaged in transit where you have not used our designated courier.

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

The Consumer Rights Act 2015 says the goods (being the Tests) must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of the Tests, your legal rights entitle you to the following:

a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.

b) Up to six months: if your goods can't be replaced, then you're entitled to a full refund, in most cases.

c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.

The Consumer Rights Act 2015 says that services (being the Testing Services) must be carried out with reasonable care and skill. During the provision of Testing Services to you, you are entitled to the following:

a) If the service is not carried out with reasonable care and skill, you can ask us to repeat or fix a service, or get a partial refund if we can’t fix it.

b) If you haven’t agreed a price beforehand, what you are asked to pay must be reasonable.

c) If you haven’t agreed a time beforehand, it must be carried out within a reasonable time.

See also Your right to change your mind (Consumer Contracts Regulations 2013).

1. If you wish to exercise your legal rights to reject Tests you must return them in accordance with Clause 5.

1. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of that failure or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen. That might be the case if, for example, you discussed it with us during the sales process.
2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for:
   • death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
   • fraud or fraudulent misrepresentation;
   • breaches of your legal rights in relation to the products including the right to receive products which are: as described and which match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care; and
   • defective Tests or Testing Services under the Consumer Protection Act 1987.

3. We supply Tests and our Testing Services under the Contract for domestic and private use. If you use them for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. Any such commercial, business or re-sale usage is strictly prohibited.
4. Due to the nature of the test being performed we cannot and do not guarantee that any testing, or Results will be entirely accurate. The range and likelihood of error will be explained to you by your genetic counsellor and in your Report.
5. We will provide pre and post-test support and advice though a genetic counsellor. You acknowledge that Reports do not constitute medical advice and you (or the Individual to whom the Report relates) are responsible for any actions, appointments or treatment following receipt of the Report. In order to derive any medical advice from a Report, a consultation with a suitably qualified practitioner should be undertaken. We can put the Individual in contact with a suitably qualified practitioner to interpret the Report and advise the Individual but we are not responsible for any such advice provided. You acknowledge that we do so for the sole purpose of aiding the interpretation of the Report and we do not guarantee the quality of the medical advice which may be subsequently provided.
6. We are not responsible for any losses or costs incurred by you or the Individual which arise out of or in connection with:

1. • any failure by you to comply with your obligations under the Contract;
   • any failure to use the Tests strictly or return the Sample (as applicable) in accordance with these Terms, including but not limited to Clause 10, and including where an incorrect Result is produced or Report is issued as a result of such failure.

1. We will only use your personal information provided via our Website as set out in our Privacy Notice and any personal information which we collect as part of our Required Information, including Samples, will be processed in accordance with that Privacy Notice.
2. Some of our Testing Facilities may require your personal information to carry out the Testing Services, which will be processed in accordance with the terms provided to you as part of the Required Information. Some of these Testing Facilities may be based outside of the UK.

1. You agree that we may instruct other persons, companies or firms to carry out our obligations under the Contract on our behalf, including the Testing Facility, which may complete some or all of our Testing Services.

1. We may transfer our rights and obligations under these Terms to another organisation. You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.
2. The Contract is between you and us. No other person shall have any rights to enforce any of its terms.
3. When we use the words writing or written in these Terms, this includes emails and notices posted on our Website.
4. Each of the Clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining Clauses will remain in full force and effect.
5. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay taking steps against you in respect of your breaking the Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

1. These Terms are governed by English law, and you can bring legal proceedings in respect of the Contact in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the Contract in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the Contract in either the Northern Irish or the English courts.
2. If a dispute arises between us regarding the Contract both parties agree to attempt to resolve the dispute informally through direct communication. If the dispute cannot be resolved informally either party may request mediation through an independent ADR provider, such as the UK Civil Mediation Council or another accredited body. Any mediation will be conducted in accordance with the rules of the chosen ADR provider and the cost will be shared equally unless otherwise agreed. This clause does not affect your statutory rights under the Consumer Rights Act 2015. If mediation does not resolve the dispute both we and you retain the right to pursue legal action in the courts as described in Clause 21.1 above.