CONDITIONS OF SALES AND SERVICES
User Agreement Terms and Conditions
Protecting your privacy and personal health
These Conditions of Sale and Services ("Conditions") will apply to every order of our Products and Services you place with us via our website www.xymbio.com ("Site")
1. How these conditions work:
Xymbio allows customers to access secure laboratory testing from the privacy of their own home.
Where you purchase the Products & Services on the Site, all sections of these Conditions apply.
THIS IS A LEGAL AGREEMENT. BY PLACING AN ORDER FOR PRODUCTS AND/OR AVAILING OF SERVICES, YOU ARE ACCEPTING AND AGREEING TO THESE CONDITIONS. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THESE CONDITIONS. YOU REPRESENT THAT YOU ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OF RESIDENCE TO PURCHASE AND USE THE PRODUCTS & SERVICES AND TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THESE CONDITIONS, YOU SHOULD NOT PURCHASE THE PRODUCTS OR SERVICES.
Who we are
The Products & Services are provided by xymbio LLC 8676 Spanish Ridge Ave Suiter 200 Las Vegas Nevada 89148.
No medical advice
Please note the information contained in these Conditions and on our Site is for general guidance only. Neither the Site nor our Services constitute medical advice and are not intended to replace medical advice which should be provided by a qualified and registered healthcare professional. If you need medical advice, you should contact such a healthcare professional.
2. Online order procedure, payment, and delivery
2.1 We will not accept Orders from users whose IP address is outside, or where the user is resident outside the countries identified on the Site as countries from where we will accept Samples.
2.2 When you purchase the Products & Services and access the Site, you undertake (i) that you are over 18 years of age; (ii) that you are resident in countries where we will send test kits and accept Samples (as identified on the Site) and you are accessing the Site from an IP address in one of those countries; (iii) that you are using the Site in your own name and not on behalf of anyone else; (iv) that you will not allow any other person to use the site, Products& Services under your name, nor will you, in using the Products, Services or the Site, pretend you are someone else, or seek to disguise your identity; and (v) that you are only using the Site, the Products & the Services for your own benefit and not for the purposes of providing Services to others.
2.3 The Order procedure requires amongst other things, you to specify the required delivery address, to purchase the type of Product applicable to the Sample you wish to provide and also to confirm that the Test Information is to be made available to you in your Account area on the Site.
Orders and availability
2.4 All Products & Services shown on our Site are subject to availability. We will inform you by e-mail as soon as possible if the Product & Services, the subject of a Confirmed Order, are not available, and we will not process your Order if such is the case.
2.5 After placing an Order for the Product & Services via our Site you will receive an email from us acknowledging that we have received your Order. All Orders are subject to acceptance by us and we are under no obligation to accept an Order whether confirmed or not. Orders are only binding on us when we send you an invoice after Order and when we collect the purchase price and all related charges from your credit card or any other payment method accepted by us ("Order Confirmation").
You should check the invoice immediately and notify us of any mistake by email to email@example.com straight away; otherwise the details stated in the invoice will apply to your Order.
2.6 If we accept your Order, we reserve the right to notify you at any time before delivery of the unavailability of the Product. You can then cancel the Order and we will refund you all money paid in full.
2.7 The price is a single combined payment for the Products & Services. Where you order a Product & Services online, the price includes delivery of a Product to you and the provision of testing services and the delivery of Test Information to you (provided you submit the Sample in compliance with these Conditions).
2.8 You agree to pay the price, the tax and the freight charges and any other charges in relation to a Confirmed Order in advance and you undertake to make payment in advance by clicking on the payment button on the Site and following the required procedure.
2.9 By providing a credit card or other payment method accepted by us, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your order. If the payment method you provide cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your order.
2.10 The Product is normally dispatched within 1-2 days of Order Confirmation to the address you provided us with, prior to Order Confirmation. If you change the delivery address after we have sent you the Order Confirmation, the product will be delivered to the original address you supplied to us. We will only arrange to have a product delivered to a different address, if we accept it as part of the order confirmation.
2.11 Delivery dates advised by us in an order c onfirmation (consisting of a delivery date for the Product and a date for the provision of the Test Information) are approximate and we will not be liable for any loss or damage due to our failure to meet scheduled delivery dates or for failure to give notice of delay. Time for delivery shall not be of the essence unless previously agreed by us in writing. A Product may be shipped by us to the agreed delivery address in advance of any scheduled delivery date.
2.12 Risk in a Product passes to you on delivery of the Product to the agreed delivery address.
2.13 Title to a Product will only pass to you when full payment is made to us for all the charges specified in the Confirmed Order.
2.14 If you receive the wrong Products, damaged/faulty Products or certain items are absent from the Product kit, then please send us an email within seven days of receipt of the Product at supplies@Xymbio.com.Upon receipt of such notice we will arrange for a replacement product to be sent to you as soon as possible.
3. Using the services
3.1 You acknowledge and agree that in order to avail of the Services you must follow the procedure demanded by these Conditions. You will be required to register with us and to set up an Account.
3.2 By proceeding with any test you are formally providing your informed consent to undergo that test. You agree that before proceeding with any test, you will read all relevant information provided in these Conditions and on the Site, including all packaging. If you are unsure or if you require any further information, you agree to contact us or a registered healthcare professional for further information.
3.3 You agree that your use of the Services is at your sole risk. We cannot and do not warrant that the tests performed or Test Information as part of the Services will be 100% accurate .
3.4 You acknowledge that the Test Information does not constitute a definitive diagnosis. In a small number of cases there can be incidences of false-positive results and false-negative results. A person with a negative non-reactive or not detected test result could have an infectious disease, or a person with a positive reactive or detected test could be free from an infectious disease. All positive, reactive or detected results must be verified by a doctor through a confirmatory test.
3.5 You acknowledge any Test Information does not constitute a definitive diagnosis test results require further testing from a doctor
3.6 The Services are limited to the Services as defined. If you require specialist advice or counselling in addition to the Services, you will need to seek your local services.
3.7 Any failure to comply with your obligations as outlined in this clause, particularly with regard to re-testing where appropriate, is entirely your responsibility.
3.8 By using our Products and/or Services, you warrant and are confirming that:
3.8.1 you are legally capable of entering into binding contracts; and
3.8.2 you are at least 18 years old.
3.9 You undertake:
3.9.1 To take note that results do not constitute a definitive diagnoses and further testing will be required from a medical professional to constitute a definitive diagnoses
3.9.2 to take note of the Incubation periods, information in relation to which is included here and on the Site. An incubation period is the period of time, from an exposure, to the time an infection becomes detectable within a person's body. Different viruses and infections have different incubation periods and can take several months or more to become detectable. For instance, the HIV virus can take from 28 to 90 days to become detectable, while other viruses such as Hepatitis B and Hepatitis C can take from 180 days to become detectable. Incubation periods can vary for everyone and it is recommended to retest:
1) if you tested before the relevant Incubation period has comfortably passed (from the time of potential exposure);
2) if you suspect that the infection has subsequently developed; or
3) if you have been potentially exposed to any relevant infection in the meantime.
to comply fully with all instructions included with the Product and to return the Sample in the Product within the timescale set out in clause 4.1;
to provide us with such information or evidence of identity as we may be required to obtain from you by applicable law from time to time;
to disclose to us honestly and to the best of your knowledge any information that may affect or impact test result.
to use the Site, the Products and the Services only for lawful purposes and in accordance with these Conditions and you further undertake in making a complaint or raising a query on these Conditions, not to be abusive to any of our staff, or us or those of our Accredited Laboratory or induce fear or harass any member of our staff; and
not to use the Products and/or the Services for resale or in any way that breaches any applicable local, national or international law or regulation.
You acknowledge and agree that when you submit an order for the Services through this Site including acquiring one or more Products, through this Site, that you have selected the Products and have not received any advice from us.
4. Submitting the sample
When submitting a sample, you must fill the collection device to the indicated line. If you do not provide an adequate sample, you will not receive a result. You will find within the Product a simple step-by-step process to ensure you take the Sample correctly and place it in the Product. You will then place the Product with the Sample in it, into a prepaid envelope and post them back immediately to the Accredited Laboratory.
5. Setting up your account
5.1 You must have an Account on the Site in order to obtain test results. You must also register the individual Product kit to your before returning your sample to the laboratory to obtain test results (as per clause 4.2 above).
5.2 You agree that you will only set up one Account with us through the Site and not duplicate a user Account. When you create an Account with us you agree to provide genuine contact details that can be used should you request support from our Medical Advisor within the scope of the Services.
5.3 To open an Account, please go to Account in the registration area on the front page of the Site (top right) and provide the details requested. It is important that the details you provide us with are correct, accurate and complete and that you tell us promptly of any changes to these details.
5.4 To register an individual Product kit, go to the home test kit section of the Site, sign into your account as requested. Samples sent to the lab without registration will be discarded and no refund will be offered.
5.5 When you register with us, you undertake that the details you provide us with are true, accurate and complete and that you will tell us promptly of any changes to these details. To ascertain how we process your personal data, please click on our Privacy Statement
5.6 Part of the information you are required to provide to register with us is a Password. This is generated by you. You are responsible for ensuring that any Password (or any substitute Password) you use to register or to access your Account (after registration, if you registered) is kept confidential, only used by you and is not used by or disclosed to others.
5.7 You are also responsible for: (i) all transactions or activities carried out using your Account and Password; and (ii) ensuring that when you access the Account that the system you use to access the Account is secure, is not left unattended unless you have fully exited the Account and that your Password is not retrievable from the system by others.
5.8 You are responsible for notifying us if you know or suspect that your Account or Password might be known to a third party. If you fail to do so, you will be liable and fully responsible until you notify us. We will have no liability to you or to any third party if any email we send to you or any information we notify you of via your Account is seen or received or accessible by any third party, including for any emotional distress caused to you or to a third party by reason of the third party being aware of us sending you communications or test results.
6. Test information
6.1 You will be sent an email notifying you when Test Information has been made available to your Account. The Test Information will be set out in plain language to make it easy for you to understand the contents. If your Test Information is negative or nonreactive, please refer to section 3.9.2 and the Site in relation to the potential relevance of incubation periods, and also clause 6.3 below.
6.2 If you have a positive, reactive or detected result xymbio is mandated to report results to state health agencies and it is advised that you report results to a qualified health care specialist for treatment.
7. Disclaimers and exclusion of liability
7.1 As a Consumer, you have certain legal rights. The disclaimers, exclusions and limitation of liability under these Conditions will not apply to the extent prohibited by applicable law. Nothing in these Conditions shall attempt to exclude or limit liability that cannot be excluded under applicable law.
7.2 The Products and Services are provided "as is," without warranty of any kind, either express or implied, including, without limitation, warranties of satisfactory quality, merchantability and fitness for a particular purpose
7.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOSS OF DATA, LOSS OF REPUTATION, LOSS OF PROFITS, LOSS OF EMOTIONAL WELL-BEING CAUSED BY THE TEST INFORMATION, OR ANY LOSSES INCURRED BY ANY THIRD PARTY, ARISING FROM OR RELATING TO THE PRODUCTS OR SERVICES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
7.4 In no event will our total cumulative liability arising from or in relation to the products, whether in contract or tort or otherwise, exceed 100% of the amount paid by you for the Products and Services.
7.5 We shall not be in breach of any provision of these Conditions caused by your failure to observe any of your obligations or undertakings contained within the Terms or these Conditions.
7.6 We shall not be obliged to provide the Services where you have failed to follow the instructions in relation to the ordering, use of the Products, providing a Sample, and returning the Sample to the Laboratory within 12 hours in compliance with these Conditions.
7.7 We do not accept responsibility for differences between the specification for a Product and the image of the Product as viewed on our Site.
7.8 The provisions of this clause 7 in their entirety shall survive the expiry or termination of this Agreement.
8. General legal provisions
8.1 We shall in no event be liable or responsible for any delay in performance of, or default in our performance of any obligation under these Conditions or under an Order, caused directly or indirectly by any cause beyond our reasonable control.
8.2 The construction, interpretation and application of these Conditions shall be governed by the laws of the State of Nevada. In using this Site, you agree to submit to the exclusive jurisdiction of the courts of Nevada, in respect of any dispute arising hereunder. Provided always that nothing herein shall deprive you of any rights you have under relevant consumer protection laws to bring proceedings in your State of residence.
8.3 Failure or delay by us to enforce any of these Conditions will not constitute a waiver of our rights against you and does not affect our right to require performance thereof.
8.4 We may sub-contract or delegate the provision of the Services to any entity who provides services to us, to enable us to provide the Services to you. No such sub-contracting or delegation shall relieve us of our obligations under these Conditions.
8.5 You are communicating with us electronically when you use the Site or send us an email. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing.
8.6 If any part of these Conditions becomes illegal, invalid, unenforceable, or prohibited in any respect under any applicable law or regulation, such provision or part thereof will be deemed to not form part of the contract between us. The legality, validity or enforceability of the remainder of these Conditions will remain in full force and effect.
If you have any concerns about material which appears on our Site, please contact us at supplies@Xymbio.com