Terms of use
1. Introduction
These terms and conditions of use (the “Terms of Use”), together with the documents referred to in these Terms of Use, govern your use of our website, http://www.twistdx.co.uk (referred to as “our site”). By using our website, you accept these Terms of Use in full. If you disagree with these Terms of Use or any part of these Terms of Use, you must not use our website.
2. Accessing our site
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice. We will not be liable if for any reason our site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us. We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion.
If we provide you with a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that that user ID and password is kept confidential. We may disable your user ID and password in our sole discretion without notice or explanation.
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
You should be aware that this site is not intended for use by, or designed to attract, individuals under the age of 18. You may not register for an account with our site if you are under the age of 18, or have not reached the age of majority in your jurisdiction. We do not collect personally identifiable information from any person we actually know is an individual under the age of 13.
3. Licence to use website
Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these Terms of Use.
You must not:
(a) republish material from this website (including republication on another website);
(b) sell, rent or sub-license material from the website;
(c) show any material from the website in public;
(d) reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
(e) edit or otherwise modify any material on the website; or
(f) redistribute material from this website, except for content specifically and expressly made available for redistribution.
Where content is specifically made available for redistribution, it may only be redistributed within your organisation.
4. Information about you and your visits to our site
We process information about you in accordance with our Privacy Policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
5. Transactions concluded through our site
We operate an online ordering service. Contracts for the supply of goods formed through our site or as a result of visits made by you are governed by our Terms and Conditions of Supply
6. Acceptable use
You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.
You must not use our website to transmit or send unsolicited commercial communications.
You must not use our website for any purposes related to marketing without our express written consent.
7. User generated content
In these Terms of Use, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our website, for whatever purpose.
You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.
Notwithstanding our rights under these Terms of Use in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.
8. Limited warranties
Whilst we endeavour to ensure that the information on this website (excluding user content) is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents. To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
9. Limitations of liability
Nothing in these Terms of Use (or elsewhere on our website) will exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.
Subject to this, our liability to you in relation to the use of our website or under or in connection with these Terms of Use, whether in contract, tort (including negligence) or otherwise, will be limited as follows:
(a) to the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature;
(b) we will not be liable for any consequential, indirect or special loss or damage;
(c) we will not be liable for any loss of profit, income, revenue, anticipated savings, contracts, business, goodwill, reputation, data, or information;
(d) we will not be liable for any loss or damage arising out of any event or events beyond our reasonable control;
(e) our maximum liability in relation to any event or series of related events will be limited to £2 million.
10. Indemnity
You hereby agree to indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these Terms of Use or arising out of any claim that you have breached any provision of these Terms of Use.
11. Linking to our site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice.
If you wish to make any use of material on our site other than that set out above, please address your request to info@twistdx.co.uk.
12. Links from our site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
13. Breaches of these Terms of Use
Without prejudice to our other rights under these Terms of Use, if you breach these Terms of Use in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
14. Variation
We may revise these Terms of Use from time-to-time. Revised Terms of Use will apply to the use of our website from the date of the publication of the revised Terms of Use on our website. Please check this page regularly to ensure you are familiar with the current version.
15. Distance Selling Regulations
This paragraph sets out those items required pursuant to the Consumer Protection (Contracts Concluded by Means of Distance Communications) Regulations 2000 and the Electronic Commerce (EC Directive) Regulations 2002. You acknowledge that the supply of goods ordered through our site will start as soon as we have despatched an acceptance of order notice to you and you cannot have recourse to the Consumer Protection (Contracts Concluded by Means of Distance Communications) Regulations 2000 to cancel any goods once they have been delivered to you.
Identity: Unless otherwise notified to you at the time of your purchase, the supplier of any item purchased pursuant to these Terms and our Terms and Conditions of Supply is TwistDx
Limited. Our VAT number and contact details (including company registration number) are noted at paragraph 21 below.
Description of Goods: The goods and services sold or provided through our site comprise items either selected from those available on our site or created by us to your order.
Price: The price of items purchased via our site shall be the price set out in our price list published our site or calculated in accordance with our Terms and Conditions of Supply. Our prices exclude Value Added Tax and any other applicable taxes.
Price Validity: The price of any goods is fixed at the date of delivery. Future purchases shall be subject to prices prevailing at that time.
Delivery Costs: All items purchased through our site exclude all costs or charges in relation to packaging, loading, unloading, carriage and insurance. Those additional charges will be detailed in your contract with us.
Payment: Payment for any item purchased through our site must be made as specified in your contract with us.
Duration of Contract: You enter into a contract with us when we despatch an acceptance of order notice to you. Unless otherwise expressly stated, the right and licence to use any goods sold through our online ordering service is subject to the limitations set out in our Terms and Conditions of Supply.
Availability of Terms: We will make the current edition of our Terms and Conditions of Supply available on our site for so long as our online ordering service is operational (subject to any temporary or unavoidable disruptions to the availability of the website).
Language: Contracts may only be concluded in the English language.
16. Assignment
We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms of Use without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms of Use.
17. Severability
If a provision of these Terms of Use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
18. Exclusion of third party rights
These Terms of Use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these Terms of Use is not subject to the consent of any third party.
19. Entire agreement
These Terms of Use, together with our Privacy Policy and our Terms of Conditions of Supply, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.
20. Law and jurisdiction
These Terms of Use will be governed by and construed in accordance with English law, and any disputes relating to these Terms of Use will be subject to the exclusive jurisdiction of the courts of England and Wales.
21. Our details, registrations and authorisations
The full name of our company is TwistDx Limited.
We are registered in England & Wales under registration number 04523987. Our registered office is TwistDx Limited, Abbott House, Vanwall Business Park, Vanwall Road, Maidenhead SL6 4XE, United Kingdom
Our VAT number is GB 807 4440 40