Customer Terms Of Service

These are the terms and conditions of service that govern your use of the Omnos wellness platform (“Platform”) accessed through www.omnos.me (“Site”), and your order, and our provision, of services and products through the Platform (“Customer Terms”").

PLEASE READ THESE CUSTOMER TERMS CAREFULLY BEFORE YOU USE THE PLATFORM OR SUBMIT YOUR ORDER TO US. BY USING OUR PLATFORM AND/OR SUBMITTING AN ORDER, YOU AGREE TO BE BOUND BY THESE CUSTOMER TERMS. IF YOU DO NOT AGREE TO THESE CUSTOMER TERMS, YOU MUST NOT USE OUR PLATFORM AND/OR SUBMIT AN ORDER.

  1. INFORMATION ABOUT US AND HOW TO CONTACT US
    1. We are Omnos Limited, a Scottish company with company number SC624782 ("we", “our”, “us”, "Omnos"). Our registered office is at 5 South Charlotte Street, Edinburgh, EH2 4AN. You can contact us by writing to us at support@omnos.me.
    2. If we have to contact you, we will do so by telephone (if you have provided your telephone number) or by writing to you at the email address or postal address you provided to us in your order.
  2. OTHER TERMS
    1. Our Website terms apply to your use of the Site.
    2. Our Privacy Policy explains how we use your personal information and includes our Cookie Policy.
    3. The Website Terms and Privacy Policy are incorporated into these Customer Terms by reference. By using our Platform, you confirm that you accept the Website Terms and the Privacy Policy and that you agree to comply with them. Otherwise, do not use our Platform.
  3. INFORMATION ABOUT THESE CUSTOMER TERMS
    1. We may change these Customer Terms from time to time. We therefore suggest that you check these Customer Terms before you submit an order on the Platform. The version of the Customer Terms that applies to any purchase made on our Platform is the version as at the date of purchase. References to the Customer Terms refer to the updated Customer Terms in place from time to time.
  4. YOUR OBLIGATIONS WHEN USING OUR PLATFORM
    1. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
    2. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Customer Terms.
    3. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at support @omnos.me.
    4. You are responsible for configuring your information technology, computer programmes and platform to access our Platform. You should use your own virus protection software.
    5. You must not misuse our Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Platform, the server on which our Platform is stored or any server, computer or database connected to our Platform. You must not attack our Platform via a denial-of-service attack or a distributed denial-of-service attack. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Platform will cease immediately.
  5. CONTENT ON OUR PLATFORM; NO RELIANCE
    1. We are the owner or the licensee of all intellectual property rights in our Platform, and in the material and content published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
    2. The content on our Platform is provided for general information and educational purposes only. The content we provide is not intended to serve as clinical or medical advice, diagnosis or treatment on which you should rely and should not be used as such.
    3. While care has been taken in developing and producing these materials, and we hope you find them of assistance, we do not warrant or guarantee that their use will achieve any particular result. As a result we (including our presenters and developers) do not accept any liability in relation to the use of our Platform.
    4. Whilst we provide suggestions through the Platform, if you are in any doubt about the suggestions received, or if you have any medical conditions, then you should seek specialist advice before taking or refraining from any action based on information you have learned through the Platform. We are not responsible for any actions or lack of action you take based on the information you have learned through the Platform.
    5. Although we make reasonable efforts to update the information on our Platform, we make no representations, warranties or guarantees, whether express or implied, that the content on our Platform is accurate, complete or up to date.
  6. OUR SERVICES AND PRODUCTS
    1. Our services enable you to assess your wellbeing through the Platform by:
      1. completing questionnaires;
      2. ordering test kits (“Test Kits”) (unless otherwise stated in these terms, Test Kits are provided by third party laboratories (“Laboratory”);
      3. taking health tests, which are carried-out by a Laboratory;
      4. receiving a results report recommending what to do, what to avoid, experts to see and supplements that could be taken, based on the data you provided through the Platform and (if applicable) the tests carried out by the Laboratory, as further detailed in Clause 7 (a “Report”);
      5. facilitating Expert consultations as a paid-for service; and;
      6. providing you with supplements that you have ordered through the Platform (the “Products”)
      (together the “Services”).
    2. Unless otherwise explicitly stated in these Customer Terms or on the Platform, the Services (and Products) are not available to customers in locations outside the United Kingdom at this point in time.
    3. Testing is carried out by a Laboratory engaged by us. We reserve the right to change the Laboratory from time to time without notice.
    4. If you have any questions about the Services, please email support@omnos.com for clarification.
    5. We will perform the Services, and endeavour to ensure that an Omnos Practitioner and the Laboratory perform the relevant Services, with the best skill, care and diligence in accordance with best practice in their profession.
  7. THE REPORT
    1. Unless otherwise stated in these Customer Terms, we anticipate that the Report will typically be available within 2-4 weeks from the date your Test Kit is received by the Laboratory. We will notify you by email that your Account dashboard has been updated accordingly.
    2. The Report is prepared solely on the basis of your Test Kit sample and the information which you have provided to us, without access to your full medical records. Whilst tailored to your personal information, you understand the Report is generic in nature.
    3. 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.
    4. 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.
  8. THE REVIEW
    1. You may request a detailed consultation with one of our Expert practitioners lasting 45 minutes as an additional cost or in bundles of 2,3,4 hours.
    2. Any blood markers that deliver significant out of range results will be flagged by our Medical Review team, and results will be released once you confirm the safe receipt of the email advising you of the out of range results.
    3. Any partial results that are released as a result of flagged, out of range markers will not be eligible for retesting free of charge but Omnos may, at our discretion, agree a partial refund for the partial result delivery.
    4. We always advise that you seek medical advice on any out of range results in addition to the Omnos Practitioner review and that you share the results with your GP.
  9. SUBMITTING ORDERS AND FORMATION OF CONTRACT.
    1. To submit an initial order, you can either do so via the website shop or log in to your account on the Platform and, via your personal profile dashboard, provide the requested information.
    2. Our acceptance of your order for Services and/or Products will take place when we email you to accept it, at which point a contract will come into existence between you and us on the basis of these Customer Terms.
    3. 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). 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.
    4. If you request further Services or Products, each such request constitutes an additional and separate order which we will notify you as being accepted by us pursuant to these Customer Terms.
  10. RIGHTS TO MAKE CHANGES TO YOUR PURCHASES
    1. If you wish to make a change to any Service or Product you have purchased please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Service or Product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to cancel your purchase.
    2. We may change the Service and/or Product to reflect changes in relevant laws and regulatory requirements or to make improvements.
  11. PROVIDING THE SERVICES AND THE PRODUCTS
    1. The costs of delivery of the Service and Products will be as displayed to you on our website. We will deliver the Services and the Products to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.
    2. If our supply of the Services and/or Products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Products you have paid for but not received.
    3. A Product will be your responsibility from the time we deliver the Product to the address you gave us or you or a carrier organised by you collect it from us. You own a Product once we have received payment in full.
    4. We may have to suspend the supply of a Service and/or Product to:
      1. deal with technical problems or make minor technical changes;
      2. update the Service and/or Product to reflect changes in relevant laws and regulatory requirements; and
      3. make changes to the Service and/or Product as notified by us to you.
    5. We will contact you in advance to tell you we will be suspending supply of the Service and/or Product, unless the problem is urgent or an emergency. If we have to suspend the Service and/or Product for longer than 60 days, then you will have the option to request a refund of sums you have paid in advance for the Service and/or Product and your order will be cancelled.
  12. YOUR RIGHTS TO END THE PURCHASE CONTRACT
    1. Your rights when you end the contract for purchase of Services and/or Products (“Purchase Contract”) will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract. Termination of the individual Purchase Contracts will not affect your registration with our Platform.
    2. If you are ending a Purchase Contract for a reason set out at 12.2.1 to 12.2.5 below, the Purchase Contract will end immediately and we will refund you in full for any Services and/or Products which have not been provided. You may also be entitled to compensation. The reasons are:
      1. we have told you about an upcoming change to the Service and/or Product or these terms which you do not agree to;
      2. we have told you about an error in the price or description of the Service and/or Product you have ordered and you do not wish to proceed;
      3. there is a risk that supply of the Service and/or Products may be significantly delayed because of events outside our control;
      4. we have suspended supply of the Service and/or Products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 45 days; or
      5. you have a legal right to end the contract because of something we have done wrong.
    3. For most products bought online you have a legal right to change your mind within 14 days and receive a refund. If you bought our Products, you have 14 days after the day you (or someone you nominate) receives the Products to change your mind.
    4. You do not have a right to change your mind in respect of:
      1. digital products after you have started to use these (including our questionnaires) as part of the Services;
      2. Services, once these have been completed, even if the cancellation period is still running;
      3. Products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; and
      4. any Products which become mixed inseparably with other items after their delivery.
    5. Even if we are not at fault and you do not have a right to change your mind, you can still end the Purchase Contract before it is completed, but you may have to pay us compensation. If you want to end a Purchase Contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The Purchase Contract will end immediately and we will refund any sums paid by you for Services and/or Products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
  13. HOW TO END THE PURCHASE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)

    To end the Purchase Contract with us email us at support@omnos.me. Please provide your name, home address, details of the order and, where available, your phone number and email address.

  14. OUR RIGHTS TO END THE PURCHASE CONTRACT

    We may end the Purchase Contract at any time by writing to you if you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products.

  15. IF THERE IS A PROBLEM WITH THE PRODUCT
    1. If you have any questions or complaints, please contact us. You can write to us at support@omnos.me.
    2. We are under a legal duty to supply Products and Services that are in conformity with these Customer Terms. See the box below for a summary of your key legal rights in relation to the Products and Services. Nothing in these terms will affect your legal rights.

      3. Summary of your key legal rights

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

      If your product is goods, for example vitamins or supplements, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:

      1. Up to 30 days: if your goods are faulty, then you can get an immediate refund.
      2. Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
      3. Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.

      If your product is digital content, for example online questionnaires, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:

      1. If your digital content is faulty, you’re entitled to a repair or a replacement.
      2. If the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back.
      3. If you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation

      If your product is services, for example tickets to an event, the Consumer Rights Act 2015 says:

      1. You can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.
      2. If you haven't agreed a price beforehand, what you're asked to pay must be reasonable.
      3. If you haven't agreed a time beforehand, it must be carried out within a reasonable time.
    3. If you wish to exercise your legal rights to reject Products you must post them back to us at our cost.
  16. PRICE AND PAYMENT
    1. The price of the Services and/or Product (which includes VAT) will be the price indicated on the order pages on the Platform when you placed your order. We take all reasonable care to ensure that the price of the Services and/or Product advised to you is correct but it is always possible that some of the Services and/ or Products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Services and/or Product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Services and/or Product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
    2. If the rate of VAT changes between your order date and the date we supply the Service/ Product, we will adjust the rate of VAT that you pay, unless you have already paid for the Service / Product in full before the change in the rate of VAT takes effect.
    3. We accept payment with all major credit or debit cards. When you must pay depends on what you are buying:
      1. you must pay for the Products before we dispatch them. We will not charge your credit or debit card until we dispatch the Products to you.
      2. For the Services (including digital content), you must pay for the Services before you download them or before we begin providing the Services to you.
    4. All payments are independently processed through third-party service providers. Omnos and the Platform do not collect any payment information. We only receive a notification once payment has been successfully completed. In the event that payment through the available methods fails or is refused by our payment service provider, we are under no obligation to fulfil the purchase or order, and any costs or fees resulting from the failed payment shall be borne by you.
  17. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
    1. If we fail to comply with these Customer Terms, we are responsible for 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, for example, if 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; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Products and/or Services and for defective products under the Consumer Protection Act 1987.
    3. If defective digital content which we have supplied as part of the Services damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
    4. Our Services and Products are only supplied for domestic and private use. If you use the Services and/or Products 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 indirect or consequential losses. Our maximum aggregate liability to you for any business losses shall be no more than £100.
    5. We are not responsible for any third party services provided to you, including any follow-up appointment made as a consequence of the Results received as part of the Services, irrespective of whether we provided you with the follow-up pathway.
  18. OTHER IMPORTANT TERMS
    1. We may transfer our rights and obligations under these terms to another organisation.
    2. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. If you purchase a Test Kit and gift it to someone else, the rights in relation to that Test Kit are transferred at the point of the new user registering the Test Kit in their name and creating an account on the Platform.
    3. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
    4. Each of the paragraphs of these Customer Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs 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 in taking steps against you in respect of your breaking this 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. For example, if you miss a payment and we do not chase you but we continue to provide the Service and/or Products, we can still require you to make the payment at a later date.
    6. These terms are governed by Scots law and you can bring legal proceedings in respect of the products in the Scottish courts. If you are a consumer and live in England you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you are a consumer and live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

Addendum 1 - Blood tests

This is the Addendum No 1 to the Omnos Customer Terms of Service

This addendum applies where you order and use a blood sample Test Kit (“Blood Test Kit”). Blood Test Kits are provided by Omnos and not a Laboratory.

  1. Blood Testing Process
    1. We will endeavour to post the Blood Test Kit to you on the next working day after we have accepted your order. The Blood Test Kit is for you to collect your own blood sample in accordance with the blood collection protocols provided, and contains instructions on how to submit your blood sample along with a request form. You must register your kit online and complete your personal details on the form provided entitled ‘Lab Requisition Form’, and also on the blood sample(s). You acknowledge that blood samples that are not fully and correctly labelled cannot be processed. It is not possible to make changes to the request form once it has been sent to the Laboratory.
    2. The validity of the Blood Test Kit will expire after 60 days of delivery to you, so you are required to collect and post your blood sample to the Laboratory at the address provided within that period.
    3. You acknowledge that test outcomes depend on the quality of the blood sample provided by you, so you agree to adhere to the blood collection protocols provided.
    4. If you do not follow these protocols a defective or partial test result may occur. We may, at our discretion, give you the opportunity of re-testing if a partial result is reported by the Laboratory, and/or similarly if your blood sample was clotted at the time of receipt by the Laboratory.
    5. We anticipate that the Report will typically be available within 5-7 working days from the date your Blood Test Kit is received by the Laboratory.
  2. Cancellation of blood testing
    1. Where you have cancelled your purchase in accordance with these Customer Terms, if you have not sent your blood sample to the Laboratory for testing before the date you decide to cancel the purchase, we will refund you the relevant Service price less £6.00. The £6.00 is used to cover the costs of the Blood Test Kit and postage. To be eligible for a return, your test kit must be unused with complete components. Any components sealed for hygiene or health protection reasons must not be tampered with.
    2. 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 a reimbursement for a cancelled purchase.
    3. Apart from your cancellation rights above:
      1. if you inform us and can demonstrate that the Blood Test 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 Blood Test Kit within a reasonable time, a refund of the relevant purchase price; and
      2. if the Service is not otherwise carried out to the standard outlined in these Customer Terms, you can require repeat performance or, where we, the Laboratory or an Omnos Practitioner are unable to perform the repeat Services within a reasonable time, a refund of an appropriate amount.
    4. We may at our sole discretion deduct or charge you a reasonable amount as compensation for costs we, the Laboratory and/or an Omnos Practitioner have incurred or will incur as a result of ending the contract.
  3. Your Acknowledgments
    1. By placing your order, you agree and represent to us that: (i) you are legally capable of entering into this binding contract between you and us; and that you are at least 18 years old and you have completed an accurate and up-to-date Lab Requisition Form identifying the blood sample as one taken from yourself.
    2. 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, the Laboratory, the Medical Review team or an Omnos Practitioner at your direction. Omissions include pertinent medical information without which an Omnos Practitioner is unable to review your results fully.
    3. By placing your order, you acknowledge the potential impacts and risks of taking your own blood sample, and that you are proceeding on the basis that you accept full responsibility for any outcomes or consequences that may arise from this.
    4. 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.
    5. You acknowledge that the Report and that the information contained in it may not be comprehensive (including information which could be obtained through blood testing but was not identified in your Report for any reason).
    6. You acknowledge and agree that in rare cases, viable blood samples cannot always be taken from the blood sample actually provided. Services will be deemed successfully performed if the Medical Review team believes there is sufficient information in the blood test results to produce a Report, in which event no further tests will be carried out.
    7. 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 occasion, because of inter-laboratory variability, minor changes may throw two adjacent test points narrowly inside and outside of ‘normal’ reference range but are essentially indicating insignificant variation.