Bodycheckup

TERMS OF SALES BODYCHECKUP

PREAMBLE

  1. The Bodycheckup.com, Bodycheckup.fr and Body-checkup.com sites are operated by Bodycheckup LTD – Owned by Private Health Management Limited (PHM) – 13180516 – 28 A Holland street, LONDON W8 4 LT

    Body Checkup offers at-home screening tests for cancer and all diseases linked to microbiota disorders.

    The company allows you to take stock from home with a urine, saliva, blood and stool sampling kit.
    The samples are sent to our partners who analyze them and organize a video call appointment to communicate their results to the patient and offer them, if necessary, a tailor-made treatment.

    By being diagnosed at an early stage, most chronic illnesses can be successfully treated.

I/ ACCEPTANCE OF THE TERMS OF USE

  1. Whether you opt-in or not, you will be bound by these terms and conditions in their entirety and you also agree to be bound by the terms of our Privacy Policy which explains the use we are permitted to make of your personal information.

    If you do not agree to the Terms, you have no right to obtain information or use the Service for any purpose.
    By using the Service, you represent and warrant that you are at least 18 years old and expressly agree to these Terms.
    Use of the Service by anyone under the age of 18 is expressly prohibited.

    Changes may be made to these Terms from time to time. Your continued use of the Service will be deemed acceptance of the modified or updated terms. If you do not agree to any of these Terms, please do not use the Service.

    The Site may be used by third-party organizations and companies as a preventive health platform. If you use the Site through such a third party, for the avoidance of doubt, we accept no liability for use of the Site other than as set out in these Terms.

II/ DESCRIPTION OF SERVICES

  1. Body Checkup provides 2 tests:

    The global microbiota test

    This test makes it possible, based on a metagenomic analysis of the DNA of the microbiota, to evaluate the loss of bacterial diversity of the intestinal microbiota as well as deficiencies in good bacteria.
    This exploratory assessment is intended for anyone seeking to evaluate their microbiota, whether to understand possible chronic illnesses, digestive conditions, weight loss or simply to maintain their well-being through rebalancing. of the intestinal flora.

    The Cancer Early test

    The Cancer Early test Trucheck is a blood test that has received the “Breakthrough Device” label (considered revolutionary) by the US Food and Drug Administration (FDA).
    This non-invasive test can detect more than 70 different types of solid tumors whether metastatic or not and requires only a 25 ml blood sample.
    Trucheck detects circulating tumor cells (CTCs).
    CTCs are not detected in individuals without cancer or in those with benign (non-cancerous) diseases. CTCs enable the detection of cancers with high sensitivity and enable differentiation between cancer patients and healthy individuals with high specificity.

III/ PROCESS

  1. Using the box received, you take samples using the kits provided.
    A user manual as well as demonstration videos are provided and you can contact us at any time if necessary.

    Samples must be returned by pre-paid envelope via UPS.

    In order to use the services you agree to:

    Carefully read and scrupulously follow the sampling instructions, sample collection and shipping instructions provided in the box received

    Return the collected samples using the UPS return envelope within the deadlines indicated

    The sample submission policy, sample collection instructions, and all shipping instructions are provided with the kits. You are expected to read and follow the terms of these instructions.

IV/ TEST RESULTS

  1. A la suite des tests, les médecins de Body Checkup vous enverront un rapport exhaustif sous 2 à 4 semaines.

    Pour le test du microbiote, vous serez appelé par un médecin spécialisé qui commentera vos résultats.
    Le médecin vous orientera en cas de suspicion de maladie chronique et vous fera des recommandations personnalisées sur les aliments, suppléments, probiotiques ainsi que les prébiotiques à utiliser.

    Concernant le Early cancer test, vous serez contacté en cas de suspicion de cancer.
    Des résultats de test faussement positifs ou faussement négatifs peuvent survenir. Un suivi avec un professionnel de la santé est requis et recommandé avec un résultat de test « détecté ».

V/ CONFIDENTIALITY

  1. Your sample data will be saved on Body Checkup’s secure cloud servers with industry-standard privacy and security guarantees.

    The data is archived as follows:

    – 30 years concerning patient data,
    – 15 years for research data,
    – 5 years for exchanges via contact form and DPO
    – 3 years regarding personal data contained in protocols and analysis requests

    These data are used to generate broader population-level analyses.

VI/ WAIVER

  1. By providing, processing, accessing your sample or providing self-reported information to Body Checkup, you acknowledge that you do not have any rights or title to any research, studies or commercial products developed by Body Checkup or its partners. You expressly agree not to receive any compensation for commercial products arising from samples or information provided by you in connection with research, studies or study participation, and you waive any rights or claims with respect thereto.

    Biological samples, once submitted for testing and analysis, are irreversibly processed by Body Checkup and its partners. They cannot be returned and no refunds will be given for kits once samples have been sent for processing.

VII/ CONDITIONS OF ACCESS TO SERVICES

By using our services, you acknowledge and declare the following:

  • Body Checkup does not provide any diagnosis, medical advice or medical treatment through its services. Only authorized physicians can interpret tests and make diagnoses.
  • Suspicions of chronic diseases and possible treatments must be confirmed and supplemented by specific medical tests.
    You warrant that any sample you provide to Body Checkup is yours. If you agree to these terms for a minor or someone under your legal authority, you confirm that the sample will be theirs.
  • If you are outside France, Belgium or the United Kingdom and provide a stool, saliva or blood sample, you confirm that this is not subject to export restrictions or prohibitions in your country.
  • You agree to the transfer and/or processing of any sample you provide outside your country of residence.
  • Body Checkup assumes no responsibility for any loss of data due to server outages or catastrophic events.
  • You are responsible for the potential consequences of sharing your test results and information with others.
  • You agree not to send your sample if you suspect you have an infectious or communicable disease.
  • You have permission from your loved ones to disclose information about you and them.
  • If you violate these representations, Body Checkup reserves the right to retain or terminate your account and refuse any future service.
  • You agree to defend and indemnify Body Checkup and its affiliates against any claims arising from the violation of these representations.

VIII/ RISKS RELATED TO USE OF THE SERVICE

  1. By using our services, you acknowledge the potential risks associated with using the kits and collecting samples for Body Checkup and its partners:

    • Discomfort or embarrassment when collecting samples.
    • Possible reactions in case of known allergy or sensitivity.
    • Your health problems may not improve or get worse.
    • Some survey questions might cause discomfort.
    • The results could generate strong emotions.
    • Risk of unauthorized disclosure of data despite security measures.
    • Possibility that the results require medical monitoring and medical tests resulting in costs remaining at your expense.
    • Risk of discovering information that may cause worry or anxiety.
    • Possibility of pain or discomfort when drawing blood.
    • Body Checkup does not cover injuries resulting from sample collection.
    • Recommendations provided may not be beneficial and could worsen medical conditions.
    • Other unknown risks associated with the use of the services.
    • Preservatives in kit tubes may pose health risks; you must follow the instructions in case of misuse.

IX/ WARNING

  1. THE INFORMATION INCLUDED IN THE KITS IS IN NO WAY INTENDED TO REPLACE THE RELATIONSHIP YOU HAVE WITH YOUR DOCTOR OR ANY OTHER HEALTH PROFESSIONAL.
    BEFORE INITIATING, STOPPING OR MODIFYING ANY TREATMENT OR MEDICATION, IT IS IMPERATIVE TO CONSULT YOUR DOCTOR.

    THIS SERVICE IS GENERAL AND IS NOT INTENDED TO BE A SUBSTITUTE FOR A MEDICAL EXAMINATION, PROFESSIONAL MEDICAL ADVICE, MEDICAL ADVICE, DIAGNOSIS OR SPECIFIC TREATMENT FOR YOUR HEALTH.
    IT IS STRONGLY RECOMMENDED THAT YOU ALWAYS SEEK QUALIFIED AND REGULATED HEALTH PROFESSIONALS WITH ANY QUESTIONS RELATING TO A SPECIFIC MEDICAL CONDITION THAT YOU MAY BE CONCERNED WITH.

    IT IS IMPORTANT NOT TO DELAY OR NEGLECT SEEKING MEDICAL ADVICE DUE TO INFORMATION READ OR CONSULTED WHILE USING THIS SERVICE. YOUR RELIANCE ON ANY INFORMATION PROVIDED BY THE SERVICE IS YOUR SOLE RESPONSIBILITY, AND YOU ASSUME THE ENTIRE RISKS ASSOCIATED WITH THE USE OF THE SERVICE AND THE INFORMATION PROVIDED BY IT.

X/ REPLACING THE ANALYSIS KIT

  1. At the request of a customer, Body Checkup may ship a new kit in the event of damage or defect, provided that the cause of replacement is solely attributable to Body Checkup (for example, a failed sample requiring resampling or a kit damaged).
    Kit replacement costs, of up to €40, may be invoiced by Body Checkup for any replacement not attributable to an error in its part. Additionally, shipping charges may apply.

XI/ CONCLUSION OF THE CONTRACT ONLINE

  1. You will need to follow a series of specific steps to be able to complete your order:

    – Product choice
    – Indication of your personal data
    – Acceptance of these General Conditions of Sale.
    – Verification of the elements of the order and, if necessary, correction of errors.
    – Follow-up of payment instructions and payment of products.
    – Delivery of products.

    You will receive an email confirmation of payment for the order, as well as an acknowledgment of receipt of the order confirming it.
    Delivery will be made to the address indicated. For the purposes of successfully completing the order, you undertake to provide precise and truthful identification elements.

    Payment is due immediately upon ordering.
    Secure online payment by credit card is made by our payment provider. The information transmitted is encrypted according to the rules of the art and cannot be read during transport on the network.

    Once payment is made, the transaction is immediately debited after verification of the information. In accordance with the provisions of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By providing your banking information during the sale, you authorize us to debit your card for the amount relating to the price indicated. You confirm that you are the legal holder of the card to be debited and that you are legally entitled to use it.
    In the event of an error or the impossibility of debiting the card, the Sale is immediately automatically terminated and the order canceled.

XII/ WITHDRAWAL PERIOD

  1. In accordance with article L. 121-20 of the Consumer Code, “the consumer has a period of fourteen clear days to exercise his right of withdrawal without having to justify reasons or pay penalties, with the exception , where applicable, return costs. “The period mentioned in the preceding paragraph runs from receipt for the goods or acceptance of the offer for the provision of services”.

    The right of withdrawal can be exercised by contacting the Company by email or telephone. If the right of withdrawal is exercised within the aforementioned period, only the price of the product(s) purchased and the shipping costs will be reimbursed, the return costs remaining the responsibility of the Customer. Returns of products must be made in their original condition and complete (packaging, accessories, instructions, etc.) so that they can be remarketed in new condition; If possible, they must be accompanied by a copy of proof of purchase.

XIII/ INTELLECTUAL PROPERTY RIGHT

  1. Brands, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of Body Checkup.

    No transfer of intellectual property rights is made through these General Terms and Conditions. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.

XIV/ MAJOR FORCE

  1. The execution of the seller’s obligations hereunder is suspended in the event of the occurrence of a fortuitous event or force majeure which would prevent execution. The seller will notify the customer of the occurrence of such an event as soon as possible.

XV/ APPLICABLE RIGHT

  1. These Terms shall be governed and construed in accordance with the laws of England and Wales. You agree, as we do, to submit to the non-exclusive jurisdiction of the English courts.

XVI/GDPR AND PERSONAL DATA PROTECTION

  1. In accordance with the European regulation on the protection of personal data, you have the rights to question, access, modify, oppose and rectify the personal data concerning you. By adhering to these general conditions of sale, you consent to our collection and use of this data for the execution of this contract.