Customer terms

Our terms govern your order, and performance, of the services that we provide to you.

Our product is available from www.cortigenix.com (the “Site”) which is operated by The Fertility Health Group (UK) Ltd (“we”/“us”/ “our”).

BY SUBMITTING AN ORDER FOR SERVICES FROM US YOU AGREE TO BE BOUND BY THESE CUSTOMER TERMS AND CONDITIONS. IF YOU DO NOT WISH TO BE BOUND BY OUR TERMS, YOU MUST NOT SUBMIT ANY ORDERS FOR SERVICES FROM US.

You acknowledge and agree that the Services are not a substitute for emergency medical services, actual medical diagnosis or consultation with a doctor, and that the information contained in the Report does not constitute medical advice and/or recommendations for medical treatment and you will not rely on it in this way.

INFORMATION ABOUT US AND CONTACT METHODS

We are a company registered in England and Wales. Our company registration number is 10314848 and our registered office address is: The Fertility Health Group (UK) Ltd, 6 Westhill Court, Walcott, Lincolnshire, LN4 3BU. Our registered VAT number is: 236 9145 92

You can contact us at support@cortigenix.com

GEOGRAPHICAL RESTRICTIONS

Cortigenix COT test is available in 170 countries and destinations. Customers accessing our site and the services we provide are acting on their own initiative and are responsible for compliance with local laws.

INFORMATION ABOUT OUR SERVICES

The services which you are ordering consist of:

(a) Delivery of a hair sampling kit that will be used to provide a hair sample (“Kit”) that is analysed by an external third party laboratory

(b) Hair testing which is carried out by a Laboratory (“Laboratory”) and

(c) Preparation of a report containing general health and lifestyle advice relating to the results of the hair testing which will be presented to you via your Account dashboard (the “Services”).

Please note that, as well as via the Site, we may also sell or give away Kits at trade shows or other similar promotions where the recipient of the Kit is not yet registered with us (“Cortigenix Retail Kit”). References to Kits in these customer terms include references to Cortigenix retail kits.

8. The hair testing is carried out by a Laboratory engaged by us. We reserve the right to change the Laboratory from time to time without notice. We will pay the Laboratory directly for the testing services on your behalf at cost. The cost of this will be shown separately on our invoice to you.

9. The Report will be generated and prepared by us. The information included does not constitute medical advice.

10. If you have any questions about the Services, please email support@cortigenix.com and we will arrange a consultation with our team. The Services do not include any telephone or in-person consultation with a doctor.

11. We will endeavour to ensure that the Laboratory, perform the services with the best skill, care and diligence in accordance with best practice in their profession.

SUBMITTING ORDERS AND FORMATION OF CONTRACT

12. For your order, you will be required to register your kit, and set up an account which will be used to obtain your results via your personal profile dashboard.

13. Our acceptance of your order for Services will take place when we email you to accept it, at which point a Services contract will come into existence between you and us on the basis of these customer terms.

14. If we are unable to accept your order, we will inform you of this by email and we will not charge you for the Services (or shall refund you). For example, in the case of unexpected limits on resources which we could not reasonably plan for. You acknowledge that a refund of any amounts paid will be your only available remedy if we are unable to accept your order after it has been placed.

PRICE AND PAYMENT

15. The price of the Services (which includes VAT) will be the price indicated on the order pages of the site when you placed your order. We will provide you with an invoice on request.

16. Payment of the price of the Services shall be made at the time you place the order. We will not accept your order for Services until payment has been received by us. As per clauses 8 will pay the relevant amounts to the Laboratory on your behalf.

17.For Customers who have ordered a one-off test, but have a recommended re-test date for a subsequent test, Payment will only take place if the Customer confirms they want the test.

HAIR TESTING PROCESS

18. Unless you are gifted a Cortigenix Retail Kit or purchase one from a member of our team in person, we will usually post the Kit to you on the next working day after we have accepted your order. The Kit is for you to collect your own hair sample in accordance with the hair collection protocols provided, and contains instructions on how to submit your hair sample. Your kit must be registered before sending your sample to us. It is not possible to process your sample if you do not register your kit. We cannot make changes to your details once you have registered your kit.

19. The validity of the Kit will not expire and can be processed at any time following purchase. You acknowledge that test outcomes depend on the quality of the hair sample provided by you, so you agree to adhere to the hair collection protocols provided. If you do not follow this protocol a defective or partial test result may occur. We may, at our discretion, give you the opportunity of re- testing free of charge if a partial result is reported by the Laboratory, and/or similarly if your hair sample was not sufficient to conduct laboratory analysis.

THE REPORT

20. We anticipate that the Report will typically be available within 10 working days from the date your hair sample is received by the Laboratory. We will notify you by email that your results are ready and you can access them through your account dashboard.

21. The Report is prepared solely on the basis of your hair sample and the information which you have provided to us, without access to your full medical records. You understand the Report is generic in nature.

22. This means that (i) you must not rely on the Report to diagnose or treat suspected or actual medical conditions; and (ii) you are solely responsible for any actions you do (or do not) take before and after receiving the Report, and when you take (or do not take) such actions.

23. We recommend that you always consult an appropriate medical professional for advice on your specific circumstances and situation, in particular before adopting any of the general healthcare of lifestyle advice offered in the Report or otherwise via the Services.

24. You assume full responsibility for reading, and drawing conclusions from the results and Report obtained from use of the Services (including the Report and your Account dashboard) and understand that we do not offer follow-up consultations based on the results.

YOUR RIGHTS TO CANCEL THE SERVICES CONTRACT

You have the right to cancel the Services contract in the following scenarios and subject to the conditions in these Customer Terms: (a) If you have changed your mind about the Services. and (b) If the Services are performed late or in breach of clause 11, you may have a legal right to get the Service re-performed or to end the contract and get some or all of your money back.

Exercising the right to change your mind

25. You will have no right to cancel the Services contract and receive a refund if we have made available the report via your account dashboard within 14 days of the day after we have accepted your order as we will have performed all services relating to your order.

If you have a right to cancel the Services contract and wish to do so, you must email us at support@cortigenix.com with details of your order including the date it was accepted, your name and any order reference number we provided to you) and a clear statement that you wish to cancel your Services contract, in either case before the expiry of the 14 day period.

If your hair sample has been received by the Laboratory before the date that we receive notice of your decision to cancel the Services contract, but you have not yet received the Report, we will refund you 10% of the relevant Service price; or If you have not sent your hair sample to the Laboratory for testing before the date that we receive notice of your decision to cancel the Services contract, we will refund you the price of the kit. All other circumstances will be assessed on a case by case basis. In any event, you will not incur any fees as a result of the reimbursement.

We have done something wrong

26. Apart from your cancellation rights above if you inform us and can demonstrate that the Kit received is within reason damaged or defective, you will be entitled to a replacement or, where we are unable to send you a replacement Kit within a reasonable time, a refund of the relevant Service price; and

27. Nothing in these Terms will affect any statutory or other rights you are entitled to by law.

OUR RIGHT TO CANCEL THE SERVICES CONTRACT

28. We may end the Services contract at any time by written notice to you if: you do not, within a reasonable time of us asking for it ,provide us with information that is necessary for us and the Laboratory to provide the Services. And, you do not, within a reasonable time, allow us to deliver the Kit to you.

YOUR ACKNOWLEDGEMENTS

29. By placing your order, you agree and represent to us that you are legally capable of entering into this binding agreement between you and us; that you are at least 18 years old and the test sample has been taken from yourself.

We shall have no liability for any loss or damage caused by errors or omissions in any information provided by you in connection with the Services, or any action taken by us or the Laboratory.

30. By placing your order, you acknowledge the potential impacts and risks of taking your own hair sample, and that (subject to clause 39) you are proceeding on the basis that you accept full responsibility for any outcomes or consequences that may arise from this.

31. You acknowledge and agree that the Services are not a substitute for actual medical diagnosis or consultation with a doctor, and that the information contained in the Report does not constitute medical advice and/or recommendations for medical treatment regarding any aspect of your health, medicine intake, nutrition or lifestyle.

32. You acknowledge that the Report - and that the information contained in it - may not be comprehensive and a representation of your entire health.

33. You acknowledge and agree that in rare cases, viable hair cortisol concentrations samples cannot always be taken from the hair sample actually provided. Services will be deemed successfully performed if the laboratory believes there is minimal variation between hair samples that are analysed in duplicate.

34. You acknowledge and agree that minor inter-laboratory variability exists. Consequently, where minor results variability is seen, for example upon tracking an individual test over time, such minor variability is tolerated and you assume overall responsibility for overseeing your long-term trends. You also agree that on occasions, because inter-laboratory variability, minor changes may cause two adjacent test points to fall narrowly inside and outside of ‘normal’ reference ranges but are essentially indicating insignificant variation.

LIABILITY

35. If we fail to comply with these Customer Terms, we are responsible for direct loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. 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.

THIRD PARTY TERMS

36. Services are only supplied for domestic and private use. If you use the Services with our consent, written or otherwise, 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, loss of business opportunity or any other form of indirect loss.

37. If you receive the Services via any commercial, business or re-sale third party channel, we will have no liability to you for any such third party’s provision of the Services to you which will be entirely governed by the agreement between you and the third party.

OTHER IMPORTANT TERMS

Third Party Rights: The Services contract is between you and us. No other person shall have any rights to enforce any of its terms.

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