Terms and conditions

Jump to Clinician’s terms and conditions

For Patients

Our PrediSpot test (the ‘Test’) does not provide a medical diagnosis nor is it intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider if you have any concerns or questions regarding a medical condition and/or medical symptoms.

Never disregard professional medical advice or delay in seeking it because of anything you have read in these Terms and Conditions, on our website, medical form or in the PrediSpot genetic test report (the ‘Report’).

Any probable or possible diagnoses generated by the Test and Report must be discussed and confirmed with a qualified medical practitioner.

We also recommend that anyone changing their diet or lifestyle as a result of the conclusions of the Test and Report should consult a registered medical practitioner.

1. Interpretation

1.1 Definitions:

Business Day: a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.

Conditions: the terms and conditions set out in this document as amended from time to time.

Contract: the contract between the Supplier and the Customer for the supply of Goods and Services in accordance with these Conditions.

Customer: the person who receives the supply of Goods and Services from the Supplier.

Delivery Location: has the meaning given in clause 5.3.

Force Majeure Event: an event, circumstance or cause beyond a party’s reasonable control.

Goods: the goods (or any part of them) set out in the Order

Order: the Customer’s order for the Goods and Services, as set out in the Customer’s purchase order form OR overleaf OR in the Customer’s written acceptance of the Supplier’s quotation OR in the Customer’s purchase order form, the Customer’s written acceptance of the Supplier’s quotation, or overleaf, as the case may be.

Services: the services (or any part of them) set out in the Order.

Specification: any specification for the Goods and Services that is agreed between the Customer and the Supplier.

Supplier: Biocentaur Limited (registered in England and Wales with company number 08540437).

1.2 Interpretation:

(a)  A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).

(b)  A reference to a party includes its personal representatives, successors and permitted assigns.

(c)  A reference to a statute or statutory provision is a reference to it as amended or re-enacted. A reference to a statute or statutory provision includes all subordinate legislation made under that statute or statutory provision.

(d)  Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

(e)  A reference to writing or written refers to email only.

2. About Us and Contact

2.1  Biocentaur Ltd is a subsidiary of R.G.C.C International GmbH and is incorporated and registered in England and Wales with company number 08540437 whose registered office is at 4 Beau Street, Bath, United Kingdom, BA1 1QY (“Supplier”).

2.2  You may contact us at anytime by using the email address info@biocentaur.com

2.3  We may contact you at the email address you provide to us in the Biocentaur Medical Form upon registration.

3. Formation of contract

3.1  These Terms and Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.

3.2  The Order constitutes an offer by the Customer to purchase the Goods and Services in accordance with these Terms and Conditions. The Customer is responsible for ensuring that the terms of the Order and any applicable specification submitted by the Customer are complete and accurate.

3.3  To submit an order the Customer must first register for a Biocentaur account. To register, the Customer shall log on to www.biocentaur.com, and provide the requested personal information in the Biocentaur Medical Form when ordering as prompted.

3.4 The Order shall be deemed to be accepted when the Supplier issues a written acceptance of the Order, at which point the Contract shall come into force. The written acceptance shall take the form of an instant notification received when you make an Order on our website. A receipt will be issued to the email address you provide to us upon registration.

3.5 These Terms and Conditions are to be read in conjunction with the Terms and Conditions which may appear on the Biocentaur Website (www.biocentaur.com) and the Biocentaur Medical Form.

4. Goods and Services

4.1  The Goods and Services shall consist of the following:

(a)  Delivery of a Test kit formulated and approved in partnership with our Laboratory;

(b)  Comprehensive testing of your sample by our Laboratory (the ‘Laboratory’); and

(c)  Preparation and delivery of a Report containing healthcare and lifestyle advice relating to the results of the swab test carried out by our Laboratory which will be provided to you using the email address provided during the test ordering process.

4.2  The Laboratory testing is carried out by R.G.C.C International GmbH, Baarerstrasse 95, 6300 Zug, Switzerland whose laboratories shall be engaged by us on your behalf. We will deal with the laboratories directly in relation to their services and costs. We reserve the right for tests to be carried out at any R.G.C.C approved Laboratory, from time to time, as and when required and without notice.

4.3  The Test shall be analysed and a Report prepared by our team of doctors and medical professionals. We confirm that the doctors and medical professionals engaged by us are fully qualified and hold licences to practice in their respective specialist areas.

4.4  We reserve the right to amend the specifications if so required by any applicable statutory or regulatory requirements.

5. Delivery

5.1 We (the ‘Supplier’) shall ensure:-

(a)  delivery of the Goods and Services is accompanied by an invoice that shows the date of the order, all relevant Customer and Supplier reference numbers, the type and quantity of the Goods and Services;

(b)  delivery to the Customer of the Test kit containing all necessary materials and directions required to conduct the Test; including but not restricted to the instructions, swabs, vials and return packaging;

5.2  The Supplier requires the Customer to return the sealed vials to the address given by the Supplier, that fact shall clearly be stated on the delivery note and in the Test kit. The Customer shall make any such materials available at such times as the Supplier shall reasonably request.

5.3  Return of materials to the Supplier as directed shall be at the Supplier’s expense.

5.3  The Supplier shall deliver the Test kit to the location set out in the Biocentaur Order Form, or such other location as the parties may agree (“Delivery Location”)

5.4  The delivery of the Report shall be provided using the email address provided during the test ordering process as per clause 3.3 above.

5.5  Delivery of the Good and Services shall be completed on the confirmed receipt of the Report at the email address provided during the test ordering process.

5.6  Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. The Supplier shall not be liable for any delay in delivery of the Goods and Services that is caused by a Force Majeure Event or the Customer’s failure to provide the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods and Services.

5.7  The Supplier shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event or the Customer’s failure to provide the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods and Services.

6. Quality

6.1  The Supplier warrants that on delivery, the Goods enclosed in the Test kit shall:

(a)  conform in all material respects with their description and any applicable Specification; and

(b)  be free from material defects in design, material and workmanship;

(c)  be of satisfactory quality (within the meaning of the Consumer Rights Act 2015; and

(d)  be fit for any purpose held out by the Supplier.

6.2  The Supplier warrants that, the testing Services shall:

(a) be performed with reasonable care and skill.

6.3 Subject to clause 6.4, if:

(a) the Customer gives notice in writing to the Supplier within a reasonable time of discovery that some or all of the Goods and Services do not comply with the warranty set out in clause 6.1;

the Supplier shall, at its option, replace the defective Goods and/or order the Services to be performed to the required standard, if so required.

6.4  The Supplier shall not be liable for the failure of the Goods and Services to comply with the warranties set out in clause 6.1 and 6.2 in any of the following events:

(a)  the Customer makes any further use of such Goods after giving notice in accordance with clause 6.3;

(b)  any defect arising because the Customer failed to follow the Supplier’s written instructions;

(c)  the defect arises as a result of wilful damage, negligence, or abnormal storage; or

(d)  the Goods differ from their description or the Specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.

6.5  Except as provided in this clause 6, the Supplier shall have no liability to the Customer in respect of the Goods’ failure to comply with the warranties set out in clause 6.1 and 6.2.

6.6  The terms implied by the Consumer Rights Act 2015 are, to the fullest extent permitted by law, excluded from the Contract.

7. Price and payment

7.1  The price of the Goods and Services shall be the price set out in the order on the website.

7.2  The Supplier may increase the price of the Goods and Services to reflect any increase in the cost of the Goods and Services that is due to:

(a)  any factor beyond the Supplier’s control (including foreign exchange fluctuations, increases in taxes and duties, and increases in labour, materials and other manufacturing costs);

(b)  any request by the Customer to change the delivery date(s), quantities or types of Goods and Service ordered, or the Specification; or

(c)  any delay caused by any instructions of the Customer or failure of the Customer to give the Supplier adequate or accurate information or instructions.

7.3  The price of the Goods and Services:

(a) Excludes an amount in respect of value added tax (VAT) as the goods and services are VAT exempt; and

(b) Includes the costs and charges of packaging, insurance and transport of the Goods, which shall be invoiced to the Customer.

7.4  Payment for the Goods and Services shall be made at the time your place the order on our website. The order shall not be accepted until payment has been received by us.

7.5  Upon receipt of payment a notification shall be sent you indicating acceptance and formation of the contract. An invoice will be sent to the email address provided during the test ordering process.

8. Limitation of liability

8.1  The restrictions on liability in this clause apply to every liability arising under or in connection with the Contract including liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.

8.2  Nothing in the Contract limits any liability which cannot legally be limited, including liability for:

(a)  death or personal injury caused by negligence;

(b)  fraud or fraudulent misrepresentation;

(c)  breach of the terms implied by section 12 of the Sale of Goods Act 1979; or

(d)  defective products under the Consumer Protection Act 1987.

8.3  Subject to clause 8.2, the Supplier’s total liability to the Customer shall not exceed £750.00.

8.4  Subject to clause 8.2, the following types of loss are wholly excluded:

(a)  loss of profits;

(b)  loss of sales or business;

(c)  loss of agreements or contracts;

(d)  loss of anticipated savings;

(e)  loss of use or corruption of software, data or information;

(f)  loss of or damage to goodwill; and

(g)  indirect or consequential loss.

8.5  This clause 8 shall survive termination of the Contract.

9. Your Right to Cancel

9.1 You have the right to cancel your order for the Goods and Services in accordance with your statutory rights and subject to the Biocentaur Terms and Conditions:

9.2  Subject to this Clause 9, you will have no right to cancel your order for the Goods and Services and once the Test has been performed and returned to the Laboratory to be processed. Subject to Clause 6, you will have no right to cancel once the Report has been completed and made available to you.

9.3  Provided the Test has not been returned to the Laboratory, you shall retain your statutory right to cancel within 14 days from the date of your order. If you cancel your order for Goods and Services within this 14 day period, you will receive a full refund. All refunds will be processed as soon as practicable and shall be reimbursed using the same method and to the same account from which payment was raised to us, unless agreed otherwise.

9.4  If you wish to cancel your order within the initial 14 day period, you must communicate this to us at info@biocentaur.com with details of your order and reason for cancellation. Provided cancellation is communicated within the initial 14 days period, and the Test has not already been returned to the Laboratory, no charge will be incurred in respect of the delivery of the Test kit which may be disposed of.

9.5  Once the Test kit has been returned to be processed by the Laboratory, we reserve the right to charge a reasonable sum for the delivery/performance of the Goods and Services up to the date cancellation as follows:

(a)  In the case of cancelling within 2 days from the date the Test is returned to us, but before the analysis is complete and the Report has been made available, there will be a 25% charge of the total cost payable;

(b)  In the case of cancelling after 2 days from the date the Test is returned to us, but before the analysis is complete and the Report has been made available, there will be a 75% charge of the total cost payable;

(c)  In the case of cancelling after the analysis is complete but before the Report has been made available, there will be no refund payable.

9.6  If you inform us and can demonstrate that the Test kit is damaged or defective upon delivery to but before it is returned to the Laboratory for testing, you shall be entitled to request a replacement Test kit at no further cost.

9.7  If the Test kit is damaged or otherwise determined to be defective for the purposes of analysis at the Laboratory after it has been returned for testing, you shall be entitled to a replacement Test kit at no further cost.

9.8  If the Goods and Services are not supplied in accordance with the standards set out in the above Clause 6, you shall be entitled to request a replacement, or repeat performance of the contract at no further cost.

10. Customer Declaration

10.1  By placing your order, you agree you are at least 18 years old and that you have authority to enter into this agreement. You agree that all information provided in the course of your order is accurate and that Biocentaur shall incur no liability for any loss or damage cause by errors or omissions in the information submitted by you in relation the contract for Good and Services.

10.2  You agree that that purpose of the Goods and Services is not diagnostic and is not intended to be used as a substitute for professional medical advice. The Goods and Services are intended to be used as an informative tool and as a lifestyle moderator. The contents of the Report do not constitute medical advice or recommendations. If you have any concerns in relation to any results outside normal parameters, you must seek professional medical advice.

10.3  You acknowledge that a small number of tests will produce false positive or false negative results as a result of natural variance and that the Report and the information contained therein may not be comprehensive.

11. Force majeure

Neither party shall be in breach of the Contract nor liable for delay in performing, or failure to perform, any of its obligations under the Contract if such delay or failure result from a Force Majeure Event. In such circumstances the time for performance shall be extended by a period equivalent to the period during which performance of the obligation has been delayed or failed to be performed, and/or the affected party shall be entitled to a reasonable extension of the time for performing such obligations.

12. General

12.1 Assignment and other dealings.

(a) The Supplier may at any time assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with all or any of its rights or obligations under the Contract.

12.2 Confidentiality.

(a)  Each party undertakes that it shall not at any time disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party, except as permitted by clause 12.2(b).

(b)  Each party may disclose the other party’s confidential information:

(i) to its employees, officers, representatives or advisers who need to know such information for the purposes of exercising the party’s rights or carrying out its obligations under the Contract. Each party shall ensure that its employees, officers, representatives or advisers to whom it discloses the other party’s confidential information comply with this clause 12.2; and

(ii) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

(c) Neither party shall use the other party’s confidential information for any purpose other than to exercise its rights and perform its obligations under or in connection with the Contract.

12.3  Entire agreement.

(a)  This Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

(b)  Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation [or negligent misstatement] based on any statement in the Contract.

12.4  Variation. No variation of this Contract shall be effective unless it is in writing and signed by the parties (or their authorised representatives).

12.5  Waiver. No failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

12.6  Severance. If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of the Contract. If any provision of the Contract is deemed deleted under this clause 12.6 the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.

12.7  Notices.

(a) Any notice [or other communication] given to a party under or in connection with the Contract shall be in writing and shall be:

(i) sent by email to the address specified in the Biocentaur Medical Form completed during the ordering process.

(b) Any notice [or communication] shall be deemed to have been received:

(i) if sent by email, at the time of transmission, or, if this time falls outside business hours in the place of receipt, when business hours resume. In this clause 12.7(b)(i), business hours means 9.00am to 5.00pm Monday to Friday on a day that is not a public holiday in the place of receipt.

12.8 Third party rights.

(a) Unless it expressly states otherwise, the Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.

12.9 Governing law. The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by and construed in accordance with the law of England and Wales.

12.10 Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Contract or its subject matter or formation.

For Clinicians

Samples shipments by Client to Biocentaur or subcontractor means total acceptance of the terms and conditions written below.

1) “Client” means the shipper who seeks for laboratory services.

2) “Sample” or “Samples” means the blood sample drawing from patient which have been put in provided vials with preservative liquid or tissue sample that have been put in provided vials with specific preservative liquid.

3) The Client certifies that the samples have been collected under the consent of the patient and according to the existing laws and medical regulations.

4) Only the client is liable for the samples package and transportation until their delivery at Laboratories.

5) Biocentaur or subcontractor should inform directly the Client in case of inexpedient samples.

6) Samples shipment and delivery together with the laboratory diagnosis mailing of any kind (e.g. e-mail, registered mail, faxetc.) conclude Biocentaur’s or subcontractor’s assignment.

7) Client’s Payment to Biocentaur or subcontractor is independent of the Social Insurance real payment to Client.

8) Any Biocentaur’s or subcontractor’s liability for damages of any kind related the mailed laboratory diagnosis directly or indirectly is limited to the involved amount.

9) Client shall respond any Biocentaur‘s or subcontractor ‘s request to follow up the medical incident.

10) Client certifies that the patient has granted Biocentaur or subcontractor the right to retain and use part of the samples for scientific and research purposes as well as to include the medical incident namelessly in medical releases of any kind.

11) All products and services provided by Biocentaur or subcontractor consist protected industrial and/or intellectual property of Dr. loannis Papasotiriou.

12) The sole and exclusive right to any inventions, patents, patent applications, copyrights, trademarks or trade secrets – or any other form of intellectual property whether registered or not – used or made by Biocentaur or subcontractor in the performance of the present assignment, shall be the property of Biocentaur and subcontractor.

13) Information regarding the industrial and/or intellectual property of either party, as well as other proprietary or confidential information, shall be received and treated in confidence and not disclosed to others, except with the prior consent of the party concerned.

14) The responsibility for the patient’s price (end price) lays to the physician’s additional cost due to interpretation and phlebotomy. Also additional cost may be added due to distributer fees.

15) The interpretation of the lab analysis for clinical purposes is a responsibility of the undersigned clinician and not a responsibility of the laboratory personnel.

16) Any analysis on liquid biopsy CTC’s included is considered out of standard of care.

17) If patient’s clinician decide that the analysis should include the evaluation of natural products & botanicals, patient must be aware of this and give consent to that.

18) The outcome of the results maybe utilized from clinicians or not according to their discretion.

19) The doctor has informed about the updated status of global guidelines concerning liquid biopsy to the patient and the responsible clinician have decided to proceed on liquid biopsy (CTC’s) analysis.

20) The laboratory carries no responsibility for the treatment decisions and planning of the patient clinicians.

21) CTCs may have altered phenotype from the primary tumor biopsy based on the scientific literature.

22) Bad sampling or poor quality of samples affect the outcome of the results or make the analysis not possible.

23) Any misuse of sampling process or any misuse of data of the analysis releases the lab from any responsibility.

24) Any additional cost that is related to phlebotomy, samples, consulting, commissioning does not affect the price policy of the test and should be separate.