Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

About OMED Health®

OMED Health is a registered brand owned by Owlstone Medical created to represent Owlstone’s digestive health business.

This website is operated by Owlstone Medical Limited (“We” or “us” or “our”). We are a private limited company registered in England and Wales under company number 04955647 and have our registered office and main trading address at 183 Cambridge Science Park, Milton Road, Cambridge, United Kingdom, CB4 0GA. Our VAT number is GB260449214.

Unless stated otherwise, any products, services, matters or notices on this website are sold or provided by or relate to Owlstone Medical.

To contact us, please email us, use the contact details on our contact.

Acceptance of terms

By using our site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms, you must not use our site.  We recommend that you keep a copy of these terms for future reference.

The following additional terms may also apply to your use of our site:

• Our Privacy Policy. See further under How we may use your personal information (below).
• Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy.
• Our Cookie Policy, which sets out information about the cookies on our site.

If you request a quote for purchase of goods or services, these will be on our standard terms and conditions which will be provided to you.

Prohibited use of our website.

You may use our site only for lawful purposes. You may not use our site (i) in any way that breaches any applicable local, national or international law or regulation; (ii) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect; (iii) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or (iv) to make unauthorised attempts to access any of our systems or third party networks.

We may make changes to our site. You are expected to check these terms from time to time when visiting our website as we may update and change our site from time to time to reflect changes to any laws and regulations, our products, services, our users’ needs and our business priorities.

We may suspend or withdraw our site. Our site is made available free of charge. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

We may transfer this agreement to someone else.  We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

You must keep your account details safe. 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.

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 terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at privacy@owlstone.co.uk.

We are not responsible for websites we link to.  Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.

User-generated content is not approved by us. This website may include information and materials uploaded by other users of the site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.

How to complain about content uploaded by other users. If you wish to complain about content uploaded by other users, please contact us on privacy@owlstone.co.uk.

DISCLAIMER

WE MAKE NO WARRANTIES, REPRESENTATIONS OR GIVE ANY UNDERTAKINGS EITHER EXPRESS OR IMPLIED ABOUT ANY OF THE CONTENT OF THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, THE TIMELINESS, CURRENCY, ACCURACY, COMPLETENESS OR FITNESS FOR ANY PARTICULAR PURPOSE OF SUCH CONTENT OR THAT THE RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ERROR FREE OR RELIABLE).

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site. You agree that the use of information obtained or downloaded from or through this website is at your sole discretion and risk. We cannot answer any unsolicited emails relating to personal healthcare issues. YOU MUST CONSULT A QUALIFIED HEALTHCARE PROFESSIONAL ON ANY SPECIFIC MATTER OR CONCERN WHICH IS COVERED BY ANY INFORMATION ON THIS WEBSITE BEFORE TAKING ANY ACTION.

Nothing on this website shall be deemed to constitute an invitation to invest or otherwise deal in shares or other securities in Owlstone Medical Limited.

Limitation of liability

To the fullest extent permitted by law, we and our Affiliates (as defined below) and third parties connected to us hereby expressly exclude:

• all implied conditions, warranties, representations or other terms that may apply to our site or any content on it;
• any liability for damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: (i) use of, or inability to use, our site; or (ii) use of or reliance on any content displayed on our site.
• In particular, we will not be liable for: (i) loss of profits, sales, business, or revenue; (ii) business interruption; (iii) loss of anticipated savings; (iv) loss of business opportunity, goodwill or reputation; or (v) any indirect or consequential loss or damage.

We do not seek to exclude or limit liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

Any limitations and exclusions of liability arising as a result of the supply of any products to you by us,  will be set out in our Terms and Conditions.

Indemnity. You agree to indemnify us and our Affiliates and keep us and our Affiliates fully and effectively indemnified in respect of all losses, costs (including legal and professional fees), damages, monies paid in settlement and other liabilities whatsoever, arising out of or in connection with a breach by you of any licence granted to you under these terms.

“Affiliate” means any corporation or other business entity controlling, controlled by or under common control with Owlstone Medical Limited from time to time and, for the purposes of this definition, “control” shall mean direct or indirect ownership of (i) fifty per cent (50%) or more of the voting securities or voting interest in such corporation or other entity; or (ii) fifty per cent (50%) or more of the interest in the profit or income in the case of a business entity other than a corporation; or (iii) in the case of a partnership, any other comparable interest in the general partner.

Intellectual property

The owner or the licensee of all intellectual property rights in our site, and in the material published on it, including without limitation, in all documents, text, images, audio files, podcasts, video files, graphics and code contained in it and in this website’s general “look and feel”, is owned by Owlstone Medical Limited. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your non-commercial purposes only. Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.

You must not modify the paper or digital copies of any materials you have printed off or downloaded 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 use any part of the content on our site in any form for commercial purposes without obtaining a licence to do so from us or our licensors. All Owlstone names, logos and trademarks may not be used or reproduced without our prior written consent. No links to this website may be included in any other website without our prior written permission. If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Uploading content to our site. Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our site a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in Our rights to user uploaded material (below).

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.

You are solely responsible for securing and backing up your content.

We do not store terrorist content.

Content standards.

These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it. Any contributions must be accurate (where they state facts) and be genuinely held (where they state opinions). Contributions must comply with applicable law in the UK and in any country from which they are posted. In the event of breach of this provision, we reserve the right to take appropriate action.  Your contributions must not:

• be defamatory of any person;
• contain any material which is obscene, offensive, hateful or inflammatory;
• promote sexually explicit material or violence;
• promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
• infringe any copyright, database right or trade mark of any other person;
• be likely to deceive any person;
• be made in breach of any legal duty owed to a third party, such as a duty of confidence;
• promote any illegal activity;
• be threatening, abuse or invade another’s privacy, or cause annoyance or anxiety;
• be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
• give the impression that they emanate from us, if this is not the case; and
• advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

Our rights to user uploaded material. When you upload or post content to our site, you grant us an irrevocable, worldwide, perpetual, royalty-free, non-exclusive licence to use, disclose, copy, modify, adapt, publicly display and translate all or any of such material for any purpose whatsoever without restriction. We reserve the right, in our absolute discretion, to remove or delete, without notice, any material you submit for inclusion on this website.

We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our website constitutes a violation of their intellectual property rights, or of their right to privacy. We process any information about you in accordance with our Privacy Policy

We are not responsible for viruses and you must not introduce them.  We do not guarantee that our site will be secure or free from bugs or viruses.  You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

You must not misuse our site 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 site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our 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 our site will cease immediately.

Linking to our site.  You may link to our homepage only, 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 our site in 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.

The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.

If you wish to link to or make any use of content on our site other than that set out above, please contact privacy@owlstone.co.uk.

How we may use your personal information. We will only use your personal information as set out in our Privacy Policy

Governing law and jurisdiction.  These terms of use, their subject matter and their formation, are governed by English law. The courts of England and Wales will have exclusive jurisdiction.

Our trade marks are registered. The following are registered trade marks of Owlstone Medical Limited. The countries in brackets indicate where the trademarks are registered:

• OWLSTONE (EU, UK, US, CN, JP, International)
• OWLSTONE MEDICAL (EU, UK, US, CN, JP, International)
• BREATH BIOPSY (EU, UK, US, International)
• BREATH BIOPSY OMNI (EU, UK, CN, JP, AU, IL, CA, KR, International)
• OMNI (UK)
• RECIVA (UK, US, International)
• PHARMACOBREATHOMICS (UK)
• EVOC (EU, UK, US, CN, JP, International)
• CASPER (UK)
• LONESTAR (EU, UK, US)
• OMED HEALTH (EU, UK, US, CN, JP, AU, AE, NZ, KR, IL, International)

You are not permitted to use the above listed trademarks without a written license from us.