This agreement applies as between you, the User of this Website and Functional Diagnostix Ltd, the owner(s) of this Website. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.
No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to you indicating that your order has been fulfilled and is on its way to you.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
|“Account”||means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / DX or any communications System on the Website;|
|“Content”||means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;|
|“FDX”||means Functional Diagnostix LTD, Rowlandson House, 289-293 Ballards Lane, London, N12 8NP|
|“Service”||means collectively any online facilities, tools, services or information that FDX makes available through the Website either now or in the future;|
|“Services”||means the services available to you through this Website, specifically purchasing of blood chemistry services, phlebotomy, pathology, report interpretation software, supplements, genetic or genomic testing, biological testing, and any other offered services;|
|“Payment Information”||means any details required for the purchase of Services from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;|
|“Purchase Information”||means collectively any orders, invoices, receipts or similar that may be in hard copy or electronic form;|
|“Premises”||Means our place(s) of business located at Rowlandson House 289-293 Ballards Lane, London, N12 8NP|
|“System”||means any online communications infrastructure that FDX makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, social media, live chat facilities and email links;|
|“User” / “Users”||means any third party that accesses the Website and is not employed by FDX and acting in the course of their employment;|
|“Website”||means the website that you are currently using (functionaldx.com, functionaldx.co.uk) and any sub-domains of this site (e.g. subdomain.myfunctionaldx.com, my.functionaldx.com) unless expressly excluded by their own terms and conditions.|
|“Refund”||means the return of payment, full or partial, for cancelled and unused services and materials|
|“Students”||means non-professional qualified persons currently undergoing an FDX approved course of study in the field of healthcare and provision thereof.|
2. Business Customers
These Terms and Conditions apply to business customers only.
3. Intellectual Property
- Subject to the exceptions in Clause 4 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of FDX and its shareholders or licensing partners, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
- Subject to Clause 5 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by FDX.
4. Third Party Intellectual Property
- Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
- Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.
5. Fair Use of Intellectual Property
Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
6. Links to Other Websites
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of FDX or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
7. Links to this Website
Those wishing to place a link to this Website on other sites may do so only to the home page of the site https://functionaldx.com without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of FDX. To find out more please contact us by email at firstname.lastname@example.org.
- When using the enquiry form or any other System on the Website you should do so in accordance with the following rules:
- You must not use obscene or vulgar language;
- You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
- You must not submit Content that is intended to promote or incite violence;
- It is advised that submissions are made using the English language(s) as we may be unable to respond to enquiries submitted in any other languages;
- The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
- You must not impersonate other people, particularly employees and representatives of FDX or our affiliates; and
- You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.
- You acknowledge that FDX reserves the right to monitor any and all communications made to us or using our System.
- You acknowledge that FDX may retain copies of any and all communications made to us or using our System.
- You acknowledge that any information you send to us through our System or post on the FDX Forums or Social Media Environments may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.
- In order to procure Services on this Website and to use the FDX Forums or Social Media Environments facilities you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as we may not require payment information until you wish to make a purchase. By continuing to use this Website you represent and warrant that:
- all information you submit is accurate and truthful;
- you have permission to submit Payment Information where permission may be required; and
- you will keep this information accurate and up to date.
Your creation of an Account is further affirmation of your representation and warranty.
- It is recommended that you do not share your Account details, particularly your username and password. FDX accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
- If you have reason to believe that your Account details have been obtained by another without consent, you should contact FDX immediately to suspend your Account and cancel any unauthorised orders or payments that may be pending. Please be aware that orders or payments can only be cancelled up until provision of Services has commenced. In the event that an unauthorised provision commences prior to your notifying us of the unauthorised nature of the order or payment, FDX accepts no liability or responsibility and you should make contact with the third party service provider detailed in the Purchase Information] OR FDX will suspend provision of Services and the withdrawal of any scheduled payments pending investigation. Following investigation, it shall be determined whether or not to cancel the Services and make a full or partial refund of the payment].
- When choosing your username, you are required to adhere to the terms set out above in Clause 8. Any failure to do so could result in the suspension and/or deletion of your Account.
9a. Order and Account Termination and Cancellation
- Either FDX or you may terminate your Account. If FDX terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
- If FDX terminates your Account, any current or pending orders or payments on your Account FDX be cancelled and provision of Services will not commence.
- FDX reserves the right to cancel orders or payments without stating reasons, for any reason prior to processing payment or commencing Services provision.
- 9.1 If orders or payments are cancelled within 60 days of the placement of order for any reason prior to commencement or use of the Services provision you will be entitled to a refund of any monies paid in relation to those services not used.
- 9.2 Prior to release of the refund all consumable materials must be returned to FDX in an unused and resalable condition. When kits are returned, we advise that they are returned in a plastic postal bag, to maintain their integrity, otherwise charges as per 9.3 will be applied.
- 9.3 If materials are returned in an unusable and unsaleable condition, we reserve the right to charge a non-negotiable administration fee of £30.
- 9.4 For orders cancelled between 60- 90days after order, subject to the return of materials as clause 9.2. FDX reserves the right, without recourse to charge a cancellation fee, including administration fee of 30% of the total invoice value.
- 9.5 For cancelled orders that are 90-120 days, subject to the return of materials as clause 9.2. FDX reserves the right, without recourse to charge a cancellation fee, including administration fee of 50% of the total invoice value.
- 9.6 All cancelled orders that are more than 120-days old from the date of order, are deemed null and void and no refunds are available or will be made.
- If you terminate your Account, any non-completed orders or payments will be cancelled and you will be refunded any monies paid in relation to those orders as defined in 9.1 thru 9.6 above. You must provide 90 days’ notice of termination of the service.
9b. Order Expiry
- When you place an order, the test kit is valid for 120 days from date of purchase.
- You have 120 days to compete the test.
- After 120 days the kit is invalid and the test void.
- No cancellations or refunds will be provided. These terms are specified in section 9a above.
- Any and all monies are due for payment on completion of the order or on the dates, or intervals specified in that order as may be appropriate, unless alternative arrangements are agreed between the Purchaser and FDX.
- Interest will be charged on a daily basis, commercial interest at 2.5% above the base rate of the Bank of England relevant at the time of order.
11. Services, Pricing and Availability
- Whilst every effort has been made to ensure that all descriptions of Services available from FDX correspond to the actual Services, FDX is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Services, not different Services altogether. Please refer to sub-Clause 13.4 for incorrect Services.
- FDX does not represent or warrant that such Services will be available. Availability indications are provided on the Website these orders may be subject to available stock or time restrictions.
- All pricing information on the Website is correct at the time of going online. FDX reserves the right to change prices and alter or remove any special offers from time to time and as necessary. All pricing information is reviewed and updated annually or more frequently as may be determined by FDX.
- In the event that prices are changed during the period between an order being placed for Services and FDX processing that order and taking payment; you will be contacted prior to your order being processed with details of the new price OR provision of Services shall commence as per your order and you will be charged the original price.
- All prices on the Website where appropriate do include VAT. FDX’s VAT number is subject to conditions of medical services.
12. Provision of Services
- Provision of Services shall commence when full payment has been received or as otherwise detailed in the Terms & Conditions pertaining directly to those Services.
- FDX shall use its best endeavours to provide the Services with reasonable skill and care.
- Provision of all Services shall be subject to the Terms and Conditions pertaining directly to those Services.
- In the event that Services are provided that are not in conformity with your order and thus incorrect, you should contact us within 10 days to inform us of the mistake. FDX will ensure that any necessary corrections to the Services provided are made within 7 working days.
- FDX reserves the right to exercise discretion with respect to any alterations to Services under Clause 13. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:
- Any use or enjoyment that you may have already derived from the Services;
- Any characteristics of the Services which may mean that cessation of provision is impossible without significant further work on the part of and at the expense of FDX.
Such discretion to be exercised only within the confines of the law.
- 13.1 FDX makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service or Services.
- 13.2 No part of this Website or Services provided by FDX is intended to constitute advice and the Content of these should not be relied upon when making any decisions or taking any action of any kind.
- 13.3 No part of this Website or Services are intended to constitute a contractual offer capable of acceptance.
- 13.4 Whilst FDX uses reasonable endeavours to ensure that the Website and Services are secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.
14. Changes to the Service and these Terms and Conditions
FDX reserves the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If FDX is required to make any changes to Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
15. Availability of the Website
- The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
- FDX accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
16. Limitation of Liability
- To the maximum extent permitted by law, FDX accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website and Services or any information contained therein. Users should be aware that they use the Website and Services and their Content at their own risk.
1. FDX highlights that blood chemistry analysis reports are not for diagnostic purposes, but for health trend analysis.
2. FDX highlights that all biological laboratory analysis is undertaken by certified laboratories which are licensed to do so in their countries of origin.
- Nothing in these Terms and Conditions excludes or restricts FDX’s liability for death or personal injury resulting from any negligence or fraud on the part of FDX.
- Nothing in these Terms and Conditions excludes or restricts FDX’s liability for any direct or indirect loss or damage arising out of the incorrect provision of Services or out of reliance on incorrect information included on the Website.
- Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.
17. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
18. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
19. Third Party Rights
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and FDX.
- All notices / communications shall be given to us either by post to our Premises (see address above) or by email to email@example.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
- FDX may from time to time send you information about our products and/or services. If you do not wish to receive such information, please click on the ‘Unsubscribe’ link in any email which you receive from us.
21. Student practitioners
Subject to the clauses contained within these terms and conditions; FDX permits Students to use the Website and Services for their personal use only with the proviso that;
- They are prohibited from acting in a professional capacity to parties other than themselves
- They are permitted to use Services for themselves, however FDX reporting will be provided for them under the umbrella of an FDX professional team member.
- All Terms and Conditions included in this document pertain to all students.
22. Law and Jurisdiction
These Terms and Conditions and the relationship between you and FDX shall be governed by and construed in accordance with the Law of England and Wales and FDX and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.