Terms and Conditions

1. Definitions

1.1 "Array Genomics", "we", "us" or "our" means Array Genomics Ltd. We are registered in England & Wales under company number 9410276 and with registered address Calcutt Court, Calcutt, Swindon Wilts. SN6 6JR.

1.2 Our VAT number is GB330041271.

“DTC genetic test” or “DTC genetic testing kit” means our “direct to consumer” genomic test, BCA-1, which is a patented, non-invasive molecular test designed to identify genomic markers relevant to the management and treatment of bladder cancer.

"Genetic Information" is information regarding your genetics generated through the processing of your urine by Array Genomics or its subcontractors/partners.

"Services" means Array Genomics’ products, services, software and Website as accessed from time to time by you, including but not limited to: - creating an account with Array Genomics (whether you have provided us with a urine sample and Genetic/ Self-Reported Information or not); - Providing you with a DTC genetic test; - Collecting and analysing a urine sample as part of the DTC genetic test; - uploading your Genetic Information and Self-Reported information to your account on the Website;

"Personal Information" is information that can be used to identify you, either alone or in combination with other information. This may include your registration information when you set up an account with us, your Genetic Information and Self-Reported Information.

"Self-Reported Information" is all information about yourself provided to us including your previous diagnosis and other health-related information, and other information that you enter or input while signed in to your account with Array Genomics.

“you” means a user of the Services (including the Website).

"Website" means www.bca-1.com

These Terms

1.3 These terms and conditions (“Terms”) govern your participation in and use of the Services generally, including access to the Website (regardless of whether you then choose to purchase our DTC genetic testing kit) and the DTC genetic test services.

1.4 The DTC genetic test seeks to identify genetic markers relevant to the management and treatment of bladder cancer in cases where you have already been diagnosed with bladder cancer. Accordingly, if you have not been diagnosed with bladder cancer, our Services are not appropriate to you and we strongly advise you not to use our DTC genetic testing Services. For more information on our DTC genetic test, please see the relevant information page on the website.

1.5 Please read these Terms carefully as they affect your rights and liabilities under the law. If you do not agree to these Terms, you are not permitted to use or continue using the Services.

1.6 To the extent that it is applicable, you may also accept the Terms by clicking “Accept Terms” or “Agree to Terms”.

1.7 When using particular elements of the Services, you may also be subject to additional guidelines or rules which will be made available to you from time to time. To the extent that it is applicable, these guidelines or rules form part of the Terms.

1.8 Please also see our Privacy Policy for information about how we collect and use your Personal Information.

2. Registration & Eligibility

2.1 Although our Services are open to anyone in accordance with this provision, if you have not been diagnosed with bladder cancer, our Services are not appropriate to you and we strongly advise you not to use our DTC genetic testing Services. If your use of the Services is restricted to viewing the information on our Website and creating an account with us, without providing any sort of urine sample, Genetic Information or Self-Reported Information, you are permitted to do so provided you are at least 13 years of age. Otherwise and for any other use of the Services, including ordering and using the DTC genetic test, you must be at least 18 years of age.

2.2 We are not obliged to permit anyone to register with the Services and we reserve the right to refuse or withdraw registration to anyone for any reason.

2.2 If you register and create an account with us, we may but are not under any obligation to monitor the information or content that is inserted or uploaded.

2.3 If you are aware of or believe an account is being used in breach of these Terms, you must notify us promptly at Data Protection, [email protected]

2.4 When you register with the Services and set up an account with us, we will ask for some of your Personal Information. All Personal Information you provide us with will be handled in accordance with our Privacy Policy.

2.5 You are not permitted to, and hereby agree not to, upload any Personal Information that does not belong to you when you register with the Services. Accordingly, you may be liable under applicable data protection and privacy law if you do.

2.6 You are responsible for maintaining the confidentiality of your password and account information and agree that all information supplied on registration will be kept up to date at all times. We will use the information provided to us to contact you. You are required to provide us with certain information including a name, email date of birth, gender.

2.7 If we have reason to believe that there is likely to be a breach of security or misuse of the Services through your account or the use of your password, we may notify you by email and require you to change your passwords on our system, or we may suspend your account until you have done so. Until you have changed all your passwords or we have reactivated your account you will not be able to access the Services.

2.8 You are not entitled to allow any other person to use or borrow your log in or profile, any additional user must register separately.

2.9 You acknowledge that if you decide to complete our DTC genetic test, and send it back to us for processing, your sample will constitute sensitive personal data and we will ask your explicit consent to the processing of such data. Any Self-Reported health information you provide will also constitute sensitive personal data for which we will seek your explicit consent. For more information on what you would be required to consent to before we can process the sample, please refer to the web site.

3. Ordering the DTC genetic testing kit

3.1 Our Website explains how to place an order with us for a DTC genetic testing kit. You are not required to set up an account with us in order to purchase the test however in order to receive your results, you will be required to set up an account and register your testing kit with us. Our order process allows you to check and amend any errors before submitting your order to us and you acknowledge that by placing an order with us, you are under an obligation to pay us for those Services (as per the prices set out on our Website). Please take the time to read and check your order at each stage of the order process.

3.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted.

3.3 We will confirm our acceptance of your order to you by sending you a despatch confirmation e-mail that confirms that the product has been dispatched (“Confirmation”). The contract between us will only be formed when we send you the Confirmation.

3.4 If we are unable to supply you with DTC genetic test, for example because the test is not in stock or no longer available, because we cannot meet your requested delivery date or because of an error in the price on our Website, we will inform you of this by e-mail and we will not process your order. If you have already paid for the DTC genetic test, we will refund you the full amount including any delivery costs charged as soon as possible.

3.5 Our Services are available for your personal (non-commercial) use only and we reserve the right to reject or cancel your order at any time and for any reason, for example if we believe you are ordering our products for re-sale purposes.

3.6 If you do decide to use our DTC genetic test and you consent to us processing and analysing the sample, you will be required to send your urine sample back to us in accordance with the instructions set out in the kit and your account (which will include answering some additional patient history questions). Please follow these instructions carefully.

3.7 The testing may be conducted in a laboratory based in France and, together with the Genetic Information and Self-Reported Information provided by you when you registered with us, the data will then be reviewed and assessed by a qualified medical professional in order to analyse the test.

3.8 Your results, once ready, will be made available on a secure website, which you will be able to access via your account with us using the unique ID number that was provided to you when you received and registered your testing kit. You will also have the opportunity to download the results.

3.9 You acknowledge and agree that it is possible the laboratory may not be able to process your urine sample because it contains insufficient levels of DNA for example. In this instance, we will offer you, at a discounted price, another DTC genetic testing kit in order for you to provide us with another sample. To the extent we are unable to process the second sample, we will offer you a discount on the purchase of a future sample or you may call us and discuss possible alternative solutions.

4. Prices, Payment & Delivery

4.1 At the time you place an order with us, you must give authority for payment. We may take payment from you at any time between you placing the order and us accepting your order. By submitting an order with us through our Website, you confirm that the payment details provided are valid and correct.

4.2 The prices for the Services are as set out on the Website. Prices may change from time to time however this will not affect any orders that we have already accepted.

4.3 The prices of the Services includes VAT and delivery charges. We offer an express delivery and you can find more information about delivery timeframes, and how to track your order on our website.

4.4 Please note whilst we will use our reasonable endeavours to deliver the DTC genetic testing kit by the agreed date, we will not be liable for any failure to deliver on the stated date or at the stated time. Delivery will be made to the address specified by you on the completed order form. If you order products from our Website for delivery outside of the UK or the European Union, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.

4.5 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.

4.6 You must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable or responsible if you breach any such law.

4.7 Once we have received your urine sample back from you for processing, we will aim to have the results ready within 10 days of receiving the sample however we cannot guarantee any particular timeframes and we are not liable for any delay with respect to this. You can track the progress to the processing of your urine sample by logging in to your account.

5. Modification to the Terms or Services

5.1 We may update these Terms from time to time. Notification of any changes will be made by posting new terms onto the Website. In continuing to use the Services, you confirm that you accept the then current Terms in full at the time you use the Services. If you do not wish to accept the new Terms, you should not continue to use the Services.

5.2 Array Genomics is committed to providing you with high quality and standard of service and as medical and scientific knowledge, research and technology evolve, you acknowledge and agree that the form and nature of the Services may change and that Array Genomics may from time to time, modify or cease (whether temporarily or permanently) providing some Services (or any features within the Services), at its sole discretion and without any liability to you.

6. Cancellation, Refund & Termination Rights

6.1 If you have registered an account with us and wish to terminate it, you may do so at any time by sending us an email at [email protected]

6.2 If you are consumer (within the meaning of the Consumer Rights Act 2015), the provisions in the remainder of this clause apply.

Right To Cancel Under The Consumer Regulation

6.3 As a consumer and under the applicable Consumer Regulations, you have a statutory right to cancel your contract with us within 14 days without giving any reason (whether or not the DTC genetic testing kit is faulty).

6.4 The cancellation period will start on the day you place your order and will end 14 days after you have taken physical possession of the DTC genetic testing kit.

6.5 To exercise the right to cancel, you must inform us, Array Genomics Ltd, Calcutt Court, Calcutt, Swindon Wilts. SN6 6JR, email: [email protected], telephone: +44 7743 192218, of your decision to cancel your contract with us by a clear statement (e.g. a letter sent by post or email). You can also use the cancellation form attached at Annex 1 of these Terms, but it is not compulsory.

6.6 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Effects Of Cancellation

6.7 If you cancel your contract with us, we will reimburse to you all payments received from you, including the costs of delivery (except for additional costs arising if you choose an enhanced delivery option other than the least expensive type of standard delivery offered by us).

6.8 We may make a deduction from the refund for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. We will make the refund without undue delay and not later than 14 days after the day we receive back from you the DTC genetic testing kit supplied, or (if earlier), 14 days after the day you provide evidence that you have returned the DTC genetic testing kit, or if there was no DTC genetic testing kit supplied, 14 days after the day on which we are informed about your decision to cancel the contract.

6.9 We will make the refund using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the refund. We may withhold the refund until we have received the goods back or you have supplied evidence of having sent the goods back, whichever is the earliest.

6.10 You agree to send the DTC genetic testing kit back to us without undue delay and in any event not later than 14 days from the day on which you inform us that you wish to cancel. You will have met the deadline as long as you send back the DTC genetic testing kit before the period of 14 days expires.

6.11 You will be required to bear the cost of delivering/shipping the goods to us.

6.12 You are only liable for any reduced value of the goods resulting from your handling of the goods if that handling goes further than is necessary in order for you to establish the nature, characteristics and functioning of the goods.

Where You Do Not Have a Right to Cancel

6.13 You will lose your right to cancel where you have opened or used the DTC genetic testing kit. You also acknowledge and agree that once you have returned the DTC genetic testing kit to us for processing, we will be unable to offer you a refund or return your urine sample back to you.

6.14 Where goods are perishable, have a hygiene element or have been personalised to your requirements, then you will not be entitled to cancel the contract under the Consumer Regulations unless the goods are defective. In this case as elements of the testing kid are sterilised if you open the sealed packaging we will be unable to accept cancellation.

6.15 Your right is to cancel your entire order in the case of goods which are not faulty and we reserve the right to refuse partial cancellations or returns for goods which are not faulty.

6.16 We reserve our right to refuse returns or cancellations of (non-faulty) goods which include a hygiene element. We may accept returns if the returned DTC genetic testing kit is unused, intact, and unopened in its original packaging, in a condition which is suitable for resale however this will be at our sole discretion. For more information, please contact us at [email protected]

Defective DTC genetic testing kit

6.17 If the DTG genetic testing kit purchased is of unsatisfactory quality, unfit for purpose or not as described (‘defective’) and you notify us within 30 days of delivery then you are entitled to cancel your order and receive a refund. After this 30 day period you are entitled to a repair or replacement of defective goods, but if you notify us that the testing kit is defective more than six months following delivery then we are entitled to require that you demonstrate that DTC testing kit was defective on delivery.

7. Use of the Services & Disclaimer

7.1 As set out above, if you are intending to use the Services for any purpose (other than for viewing the Website content for informational purposes), you must be at least 18 years of age. Otherwise and if you are not 18 years or older, you are not permitted to use the Services. You also acknowledge and agree that the processing of your urine sample may be conducted in a laboratory based in France.

7.2 Whilst we will use our reasonable skill and care to ensure the Services we provide to you are of high quality and standards, you acknowledge that medical and scientific knowledge, research and technology evolve and accordingly, we do not guarantee that the Services will be error-free, 100% accurate, available when you want to use or access them, that they will meet your particular requirements or be free of all viruses and other material which may be malicious or technologically harmful.

7.3 You acknowledge and agree that it is possible the laboratory may not be able to process your urine sample (because it contains insufficient levels of DNA for example) or that the laboratory process may result in errors, and that we will therefore not be liable in respect of this (unless we have been fraudulent, negligent or reckless).

7.4 We will process your Genetic and Self-Reported Information in order to provide you with information and data on genetic markers discovered by the test which are relevant to the management and treatment of bladder cancer. We may also use your Personal Information for our own research purposes however prior to being used in this way, such data will always be in an anonymised format and will not identify you as an individual. For more information, please see our Privacy Policy on the website.

7.5 You acknowledge and agree that the use of the Services are for your own personal (non-commercial) and informational purposes only. The Services are not intended to be used to ascertain, diagnose, prevent, treat or cure bladder cancer or any other condition, disease or impairment.

7.6 You acknowledge and agree any information and results supplied by Array Genomics to you in respect of the DTC genetic test does not constitute any form of advice in connection with diagnosis or treatment and that the Services are not a substitute for professional medical opinion and advice. The results are only intended to produce information for you to discuss with your doctor or other medical professionals. Accordingly, you should always consult with and seek the advice of a qualified medical professional when considering the results of the DTC genetic test, including possible treatment or surgery options. You should not otherwise rely or make any decisions in connection with the information and data provided by Array Genomics (including with regards to your existing or potential treatment options), without having consulted a medical professional.

7.7 If you have purchased a DTC genetic test and sent your urine sample back to us for processing, you are permitted to download a copy of your results.

7.8 You may not (and may not permit a third party to) reproduce, copy, modify, create a derivative work of, reverse engineer, decompile, reverse assemble (or otherwise attempt to discover any source code), lease, loan, sell, assign, sublicense, use data mining, robots or similar data gathering and extraction tools, or commercially exploit any of the materials or content in the Services (including any associated software, “Software”) without our prior written permission. In addition, you must not attempt to identify other users of the Services or attempt to gain unauthorised access to any of our Services or IT systems.

8. International Use

These Terms apply to users based on the United Kingdom. Accordingly, we make no promise that materials on this Website or use of our Services are appropriate or available for use in locations outside of the United Kingdom and accessing this Website from territories where its contents are illegal or unlawful, is prohibited. If you choose to access this Website from outside of the United Kingdom, you do so at your own initiative and risk, and are responsible for compliance with applicable laws.

8.2 You shall comply with all foreign and local laws and regulations which apply to your use of our Services in whichever country you are physically located, including without limitation, consumer law and export control laws and regulations.

9. Array Genomics Intellectual Property Rights

9.1 You acknowledge and agree that Array Genomics (or its licensors, as applicable) own all intellectual property rights, whether registrable or not and existing anywhere in the world (including copyright, trademarks, database rights, patents), in and to the Services and any associated software used in connection with such Services (“Software”). In addition, you acknowledge that the Services may contain information which we designate as being confidential and that you shall not disclose such information without our prior written consent.

9.2 If you have registered an account with us for the DTC genetic test, you are granted a personal, non-transferable, and non-exclusive license to use the Software solely for the purpose of accessing, viewing and downloading a copy of your results (using your unique ID number).

9.3 You agree not to remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) that may be contained within the Services.

9.4 Some of the services we provide on our Website may contain content that is protected by copyright, trademarks, database rights and other intellectual property rights owned by third parties. Such intellectual property rights are licensed to us and you acknowledge that if you reproduce, modify, copy, distribute or commercially exploit any of this content, you may be infringing these third party intellectual property rights.

9.5 Whilst we have used our reasonable endeavours and exercised reasonable skill and care in the Services we provide to you through this Website, we do not warrant or guarantee that any content, including content supplied by a third party, is error-free.

10. Your Intellectual Property Rights

12.1 Any content that you submit, upload, post or otherwise input to the Services (including but not limited to your account information, Genetic Information and Self-Reported Information) remains your own and we do not claim ownership over such data however you grant us (and to the extent applicable our affiliates, partners and licensors) a perpetual, non-exclusive, irrevocable, royalty-free, transferable licence to use such content in order to be able to provide the Services to you.

12.2 Any Genetic Information will remain your property however you acknowledge that once you return your urine sample to us for processing, we will be unable to return this to you. In addition, you acknowledge and agree that any research or products that we derive from the processing and analysis of your Genetic Information and Self-Reported Information will belong to us and you will not have any rights with respect to that.

11. Third Party Sites

13.1 As a convenience to you, our Services may include links to other websites or material. There are for information purposes only and we do not endorse or are otherwise responsible for the content or material on any website outside the Services so if you do follow a link to any of these websites, you acknowledge you do so at your own risk and we will not be liable in any way in relation to this.

12. Liability

12.1 If you are not dealing as a consumer (within the meaning of the Consumer Rights Act 2015), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

12.2 If you are a consumer (within the meaning of the Consumer Rights Act 2015), your statutory rights are not affected by any of these Terms.

12.3 Any claim by you which is based on any defect in the quality of the DTG genetic testing kit supplied or its failure to correspond with a specification must be notified to us as soon as possible from the date of delivery and in any case, within 30 days of delivery or where the defect or failure was not apparent on reasonable inspection, within a reasonable time after discovery of the defect or failure. If you do not notify us accordingly, you will not be entitled to reject the product and we shall have no liability for such defect or failure. If a DTC testing kit supplied is defective, we will replace it free of charge or refund to you the price of the item (see above for more information), but we shall have no further liability to you.

12.4 If we are in breach of these Terms, we will only be responsible for losses and damages that you suffer as a result to the extent that they are a foreseeable result of our breaching 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 might happen or if, at the time the contract was made, both we and you knew it might happen. Our liability shall not in any event include indirect or consequential losses or any business losses such as loss of data (other than personal data), loss of profit, loss of or damage to goodwill, reputational loss or business interruption losses.

12.5 We supply the DTC genetic testing kit for use in accordance with clause 9 only. If you use the DTC genetic testing kit for any other purpose, including for commercial, business or re-sale purposes we will have no liability to you.

12.6 Commentary and other materials posted on this Website are for general information purposes only are not intended to amount to advice on which reliance should be placed. We shall not be liable for any losses that may be incurred as a result of any reliance placed on such materials by you, any visitor to this Website or another person who may have been informed of its contents.

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

12.8 Except as explained above and as set out in clause 14.10 below, our liability under or in connection with these Terms is limited to the higher of (i) the price of the DTC genetic testing kit supplied and paid by you or (ii) £100.

12.9 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 including the right to receive products which are: as described and match information we provided to you; of satisfactory quality; fit for purpose; and for defective products under the Consumer Protection Act 1987.

14.10 You agree to indemnify Array Genomics, its affiliates, directors, employees, partners, contractors, successors and assigns against any claim, demand made by any third party arising out of or in connection with (i) your violation of the Terms or use of the Services or (ii) the disclosure or use of your Genetic Information and/or Self-Reported Information to any party other than a qualified medical professional (whether for diagnostic purposes or otherwise).

13. General/Misc Provisions (including notices, law/jurisdiction/assignment etc.)

13.1 If you feel that any materials appearing on our Website are offensive, objectionable or potentially infringing or defamatory, please contact us by way of our contact page or at [email protected] giving full details of the nature of your complaint and the materials to which the complaint relates.

13.2 You may not transfer any of your rights or obligations under these Terms to any other person. We may transfer our rights and obligations under these Terms to another business where we reasonably believe your rights will not be affected.

13.3 These Terms are between you and us. No other person shall have any rights to enforce any of its terms.

13.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

13.5 If you breach these Terms and we choose to ignore this, we will still be entitled to our rights and remedies at a later date or in any other situation where you breach the Terms.

13.6 We shall not be responsible for any breach of these Terms caused by circumstances beyond our reasonable control.

13.7 These Terms will be subject to the laws of England and Wales. We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you wish to proceed to court proceedings, you must do so within England or Wales.

13.8 If you have any queries or wish to make any complaints about us or our Services please contact [email protected] or write to us at our office at Calcutt Court, Calcutt, Swindon Wilts. SN6 6JR. If we have been unable to resolve your complaint or dispute please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform which is available here:

https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage