Website terms and conditions

Welcome to www.measurebowelhealth.com These terms and conditions (Terms) tell you information about us and are the legal terms and conditions on which you may use our website (the Site) and on which we sell any of the products (Products) listed on the Site to you.

Please read these Terms carefully as together with our Privacy and Cookie Policy they affect your rights and liabilities under the law and set out the terms under which Oxford MESTAR Limited (“us”, “we” or “our”) makes the Site and the Products available to you. These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from the Site.  Please note that before placing an order you will be asked to agree to these Terms.

We also recommend that you read our product information carefully and make sure you understand them before you purchase any Products from the Site.

If you have any questions about these Terms or if you have any comments or complaints on or about our Site or Products, please e-mail us at: contactus@www.measurebowelhealth.com.

You should print a copy of these Terms for future reference. We will file a copy of each version of these Terms in our records.

We may amend these Terms from time to time. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 11th April 2018.

The only language in which we provide these Terms is English.

Information about us

www.measurebowelhealth.com is a site operated by Oxford MESTAR Limited (“we”, “us”).  We are a limited company registered in England under company number 08751331 and have our registered office at: 30 Upper High Street, Thame, Oxfordshire, OX9 3EZ.

To contact us, please see the Contact Us page.

Compliance with Applicable Laws

You may use the Site only for lawful purposes. You may not use the Site:

• in any way that breaches any applicable local, national or international law or regulation; or
• in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.

Accessing the Site

The Site is made available free of charge.

We do not guarantee that the Site, or any content on it, will always be available or be uninterrupted. Access to the Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Site without notice. We will not be liable to you if for any reason the Site is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to the Site.

You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these Terms and any other applicable terms and conditions, and that they comply with them.

Intellectual property rights

We are the owner or the licensee of all intellectual property rights in the Site, all content included on the Site and in the material published on it, such as text, graphics, photos, logos, button icons, images, audio clips, digital downloads and data compilations.  These works are protected by copyright laws and treaties around the world.  All such rights are reserved.

You must not copy or reproduce the information on the Site in any form or by any means without prior written permission from us, except that you may print off one copy, and may download extracts, of any page(s) from the Site for your personal use only.

You must not modify the paper or digital copies of any materials you have printed off or downloaded from the Site in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. You must not make derivative uses of the Site and its contents.

Our status (and that of any identified contributors) as the authors of content on the Site must always be acknowledged.

You must not use any part of the content on the Site for commercial purposes without obtaining a licence to do so from us.

If you use the Site in breach of these Terms, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

No reliance on information

The content on the Site is provided for general information only. It is not intended to amount to a diagnosis or advice on which you should rely. You must obtain professional or specialist advice if you have any medical questions, or before taking, or refraining from, any action on the basis of the content on the Site.  We reserve the right to change any information, Product specifications, pricing or otherwise amend the content on the Site, in full or in part, at any time without notice.

In particular the Site is not a substitute for professional medical advice, diagnosis or treatment.  Never disregard professional medical advice, or delay in seeking it because of something you have read on this website.  Never rely on information on this website in place of seeking professional medical advice.

Although we make reasonable efforts to update the information on the Site, we make no representations, warranties or guarantees, whether express or implied, that the content on the Site is accurate, complete or up-to-date.

Limitation of our liability for use of the Site

Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Site or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

• use of, or inability to use, the Site; or
• use of or reliance on any content displayed on the Site.

If you are a business user, please note that in particular, we will not be liable for:

• loss of profits, sales, business, or revenue;
• business interruption;
• loss of anticipated savings;
• loss of business opportunity, goodwill or reputation; or
• any indirect or consequential loss or damage.

Please note that we only provide the Site for domestic and private use. You agree not to use the Site for any commercial or business purposes.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked on the Site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any Products by us to you, which are set out in these Terms.

Viruses

We do not guarantee that the Site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access the Site. You should use your own virus protection software.

You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. 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 the Site will cease immediately.

Linking to the 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.

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 to the Site in any website that is not owned by you.

The Site must not be framed on any other site, nor may you create a link to any part of the Site other than the home page.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in these Terms.

If you wish to make any use of content on the Site other than that set out above, please contact contactus@www.measurebowelhealth.com.

Third party links and resources on the Site

Where the 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 content of those sites or resources.

Applicable law

Please note that these Terms, their subject matter and formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction over any disputes which arise under these Terms of use. However, if you are a resident of Scotland you may bring proceedings in Scotland or England, and if you are resident in Northern Ireland you may bring proceedings in Northern Ireland or England.

If you are a business, these Terms, their subject matter and formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

Trade marks

 ,  and MODE are registered trademarks of Oxford MEStar Limited.

Severability

If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. If any provision of these Terms is so found to be invalid or unenforceable but would be valid or enforceable if some part of the provision were deleted, the provision in question shall apply with such modification(s) as may be necessary to make it valid.

Supply of Products

The Terms below are the terms and conditions on which we supply Products to you.

These Terms tell you how we will provide Products to you, how you and we may change or end the contract, what to do if there is a problem, and other important information. If you think that there is a mistake in these Terms, please contact us to discuss.

To register for or buy any of the Products you must be 18 years old, and legally able to enter into a contract.  You must be resident in the UK and intend to use the Products in the UK as we cannot supply the Products outside of this territory.

How to contact us regarding your order

The Products are sold by us.   See above for further information about us.

You can contact us by telephoning our customer service team at 03303119518 or by writing to us by email at support@www.measurebowelhealth.com or by post at Oxford MEStar Limited, Magdalen Centre, Oxford Science Park, Oxford, United Kingdom, OX4 4GA.

If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

When we use the words “writing” or “written” in these Terms, this includes emails.

The Contract

Our acceptance of your order will take place when we email you to accept it, at which point the Contract will come into existence between you and us.

If we are unable to accept your order, we will inform you of this and will we will refund any payment that you have made within 3 weeks from the date of your order. This might be because the Product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the Product or because we are unable to meet a delivery deadline you have specified.

We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

Our website is solely for the promotion of the Products in the UK. Unfortunately, we do not accept orders from or to deliver to addresses outside the UK.

The Site

The images of the Products on the Site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflects the colour of the Products. Your Products may vary slightly from those images.

Although we have made every effort to be as accurate as possible, to the extent permitted by law, we cannot guarantee that all details, descriptions, colours, dimensions and measurements listed on the Site in relation to the Products are accurate, complete, reliable, current or error-free.

The packaging of the Product may vary from that shown in images on our website.

We reserve the right to change the way the Site works from time to time and to withdraw any Products or features of the site without giving notice to you.

The Products

You must use any Product purchased from the Site in accordance with the Product’s instructions for use and you must store any Product purchased from the Site in accordance with the Product’s instructions for storage. The instructions for use for the Products are found on the labels which are attached to the Products themselves, and are also to be found by clicking on the links below. The instructions for storage for the Products are to be found by clicking on the link below. By purchasing a Product and accepting these Terms, you accept that you will comply with these instructions for use and storage. The products are not intended to diagnose, treat, cure or prevent any condition or disease.

The costs of delivery will be as displayed to you on the Site.

We will let you know when we will deliver the Products to you in our dispatch confirmation email.

Your Products will not be dispatched until we have received confirmation that your payment has been successfully processed.

We endeavour to deliver your Products to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.

If our supply of the 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.

The Products require a signature on delivery. If no one is available at your address to take delivery, the Products will either be dealt with in accordance with the policy of the relevant delivery company, or returned to our premises, in which case please contact either the relevant delivery company or us respectively to rearrange re-delivery.

If, after a failed delivery to you, you do not re-arrange delivery or collect the Products from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract.

You have legal rights if we deliver any Products late.

If we miss the delivery deadline for any Products, then we may set a new deadline for delivery.  If we refuse to deliver the Products, or miss the re-arranged delivery date you may cancel your order for any of the Products or reject Products that have been delivered.  We will refund any sums you have paid to us for the cancelled Products and their delivery.

A Product will be your responsibility from the time we deliver the Product to the address you gave us.

You own a Product once we have received payment in full.

Cancellation – right of return and refund

Your rights when you end the 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:

• If what you have bought is faulty or misdescribed you may have a legal right to end the Contract (or to get the Product replaced).
• If you want to end the Contract because of something we have done or have told you we are going to do.
• If you have just changed your mind about the Product you may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any Products.

If you are ending the Contract for one of the following reasons the Contract will end immediately and we will refund you in full for any Products which have not been provided and you may also be entitled to compensation. The reasons are:

• we have told you about an upcoming change to the Product or these Terms which you do not agree to.
• we have told you about an error in the price or description of the Product you have ordered and you do not wish to proceed.
• there is a risk that supply of the Products may be significantly delayed because of events outside our control.
• we have suspended supply of the 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 2 months.
• you have a legal right to end the contract because of something we have done wrong (including because we have delivered late).

For most Products bought online you have a legal right to change your mind within 14 days of the date of delivery and receive a refund under the Consumer Contracts Regulations 2013. You do not have a right to change your mind in respect of Products that have been unsealed after you receive them.

To end the Contract with us, please let us know by telephoning our customer service team at 03303119518 or by writing to us by email at support@www.measurebowelhealth.com or by post at Oxford MEStar Limited, Magdalen Centre, Oxford Science Park, Oxford, United Kingdom, OX4 4GA.

If you end the Contract for any reason after Products have been dispatched to you or you have received them, you must return them to us. You must post them back to us at Oxford MEStar Limited, Magdalen Centre, Oxford Science Park, Oxford, United Kingdom, OX4 4GA. Please call our customer service team at 03303119518 or by writing to us by email at support@www.measurebowelhealth.com for a return label. If you are exercising your right to change your mind you must send off the Products within 14 days of telling us you wish to end the Contract.

We will pay the costs of return if the Products are faulty or misdescribed or if you are ending the Contract because we have told you of an upcoming change to the Product or these Terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.

In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.

We will refund you the price you paid for the Products including delivery costs, by the method you used for payment. However, if you are exercising your right to change your mind, we may make deductions from the price, as described below.

• We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Products, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the Products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
• The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a Product within 3-5 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days from the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us.  If there were no Products supplied, your refund will be made within 14 days of your telling us you have changed your mind

Our rights to end the Contract

We may end the Contract for a Product at any time by writing to you if you do not make any payment to us when it is due and you still do not make payment within 30 days of our reminding you that payment is due or you do not, within a reasonable time, allow us to deliver the Products to you or collect them from us.

If we end the Contract we will refund any money you have paid in advance for Products we have not provided but we may deduct or charge you a reasonable compensation for the net costs we will incur as a result of your breaking the Contract.

Our Product warranty

If you have any questions or complaints about the Product, please contact us. You can telephone our customer service team at 03303119518 or by writing to us by email at support@www.measurebowelhealth.com or by post at Oxford MEStar Limited, Magdalen Centre, Oxford Science Park, Oxford, United Kingdom, OX4 4GA.

We provide a warranty that on delivery and for the period from the original date of delivery until the use-by date printed on the outer packaging of the Products, the Products shall be free from material defects.

However, this warranty does not apply to any defect in the Products arising from:

• Wilful damage, abnormal storage, accident, negligence by you or by any third party.
• If you fail to use the Products in accordance with our instructions on the Site and on the packaging.
• Any alteration, modification or tampering to the Products by you or by a third party.

This warranty is in addition to your legal rights in relation to Products that are faulty or not as described. We are under a legal duty to supply Products that are in conformity with this Contract. Nothing in these Terms will affect your 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 www.adviceguide.org.uk or call 03454 04 05 06.

The Consumer Rights Act 2015 says Products 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:

• Up to 30 days: if the Products are faulty, then you can get an immediate refund.
• Up to 6 months: if your Products can’t be replaced, then you’re entitled to a full refund, in most cases.
• Up to 6 years: if your Products do not last a reasonable length of time you may be entitled to some money back.

If you wish to exercise your legal rights to reject Products you must write a formal request to our customer service team by email at support@www.measurebowelhealth.com or by post at Oxford MEStar Limited, Magdalen Centre, Oxford Science Park, Oxford, United Kingdom, OX4 4GA. Our customer service team will instruct you the procedure of product reture.

Price and payment

Prices for Products are quoted on the Site in GBP.

The price of the Product (which includes VAT) will be the price indicated on the order pages when you placed your order. We use our best efforts to ensure that the price of the Product advised to you is correct.

It is always possible that, despite our best efforts, some of the Products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the 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 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. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the Contract, refund you any sums you have paid and require the return of any Products provided to you.

We accept payment using [a debit card, credit card or Stripe account].  We accept the following cards: [Visa, MasterCard and American Express].

You must pay for the Products, and all applicable delivery charges, before we dispatch them.

Our responsibility for loss or damage suffered by you

If we fail to comply with these 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, but we are not responsible for any loss or damage that is not foreseeable. 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.

You must use and store any Product purchased from the Site in accordance with the Product’s instructions of use and storage. We will not be liable for any damage or injury which is caused by your failure to follow such instructions, or any misuse of the Product.

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 for defective Products under the Consumer Protection Act 1987

We only supply the Products for domestic and private use. The Products must not be used for any commercial, business or re-sale purposes.

The Product is a digital home monitoring test that helps you proactively monitor your bowel health.  This is not a diagnostic test and is not intended to replace testing by a healthcare professional or any professional medical advice.

How we may use your personal information

We will only use your personal information as set out in our Privacy and Cookie Policy [INSERT URL].  Please take the time to read the Privacy and Cookie Policy as it contains important terms which apply to you.

Other important terms

We may transfer our rights and obligations under these Terms to another organisation but this will not affect your rights under these Terms.

You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing. However, you may transfer our warranty to a person who has acquired the Product without needed our consent. We may require the person to whom the warranty is transferred to provide reasonable evidence that they are now the owner of the relevant Product.

The Contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained above in respect of our warranty. Neither of us will need to get the agreement of any other person in order to end the Contract or make any changes to these Terms.

We may amend these Terms from time to time.  The Contract between us will be governed by the Terms in force at the time the order was accepted and the Contract was formed.

Each of the paragraphs of these 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.

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.