OMED Health Terms and Conditions

Contract formation.Each time you, as a private individual/consumer resident in Great Britain, aged 18+ place an order for any of our products or services, which has been confirmed by us through an email confirmation with an order number, a contract is formed between us, to which these OMED Terms apply. 

Our agreement. The legally binding agreement is between “you”, the customer and Owlstone Medical Limited (“we”, “us”, “our”, “Owlstone”).  References to “you” or “your(s)” in these OMED Terms mean you, our customer making the purchase to whom/which these terms apply.  

*You are considered a business customer/organisation if you are buying products wholly or mainly for use in connection with your trade, business, craft or profession (including research), even if you are an individual. 

Overseas customers. We are currently able to provide our healthcare services to individuals resident only in England, Wales and Scotland due to the regulatory scope of our products and services.  The connected Mobile App which must be downloaded onto a smartphone device may not be available in all regions, or may only be available for limited use in research. Please contact support@omedhealth.com for further support. 

OMED products and services are available to a broad customer base, though they are ultimately designed for individuals seeking help with their gut health related issues (note that our Inside Insights service is not covered under these OMED Terms).

We currently offer the following OMED products and services (*Note: If you have received the OMED device from another organisation or someone else, these terms apply to you if you purchase any tests or treatments and use the OMED mobile app):

Our services are overseen by, and patient care is managed by our on-site OMED doctor. Please always check the website for current prices.

• Personal OMED device with connected OMED mobile app enabling symptoms tracking and monitoring, reports for healthcare professionals, low FODMAP plan.
• SIBO/IMO test 
• Treatments
• Gut Reset+ plan comprises a bundled offer of the OMED device (for hire or optional purchase), tests, doctor-led diagnosis and treatments, available through our subscription plan. Cost of antibiotics is excluded. 
• Online video (prescription) consultation with our OMED doctor using a video link you have purchased a treatment plan containing antibiotics; short consultation (up to 15 mins) to ensure the antibiotics are suitable for you.
• Online video consultation (standalone on request) with our OMED doctor using a video link, where recommended, lasting 45 mins.

Individuals participating in any company/employer schemes. If you have received your OMED device through a referral by another healthcare services provider, or as part of any company/employee scheme, health plan or similar, these OMED Terms apply to you from the moment when your referring organisation or employer places an order on your behalf, if the device is being delivered directly to you, or from the moment you receive the device in all other circumstances (as applicable), unless you are participating in research.

Individuals taking part in scientific research. If you have received your OMED device because you have signed up to participate in a research study or a clinical trial, you are not considered a consumer or our customer under these OMED Terms.  All communications and instructions relating to the use of the device, the information you record using the Mobile App, the resulting report at the end of the study or a trial must all be directed to the organisation or clinical site to which you provided your consent for the study or trial participation. If you have any questions relating to the processing of your personal data while using the Mobile App, please refer to the OMED Mobile App Privacy Policy. 

• OMED customer support  

We have a dedicated support team available to answer any questions. Please email support@omedhealth.com to share your feedback, ask questions or raise concerns.  

When you receive your OMED device, please read the Getting Started Guide before your first use to ensure your safety and comfort.

If you are an individual/ patient in Great Britain. Your OMED Health Breath Analyzer is a handheld electronic battery-operated medical device that connects to the OMED Health Mobile App in order to measure constituents of exhaled breath as an aid in the diagnosis of gastrointestinal conditions. You will (or the person for whom the device is intended) need to download the Mobile App onto a smartphone device. It is available to download free of charge from the Apple Store (for Apple smartphones), or Google Play Store (for Android smartphones) and pair with the OMED device. Upon downloading it, you will be required to acknowledge and accept certain terms and notices.

Our Mobile App services comprise the registration and secure running of the user account necessary for the recording, viewing, editing and storing of all information provided by you as its user, which then turns the data into a single report that you will be able to share with other healthcare specialists, if required. Alternatively, we may provide your referring specialist with direct access to your Mobile App data where we have obtained your consent (see section 24 (Data protection)). The main purpose of the Mobile App is to record and store all data generated or recorded by you (e.g. hydrogen and methane measurements, food diary, symptoms), as well as your tests, treatment plans, any diagnosis or other relevant outcomes. Our services further cover troubleshooting and other technical and customer support services for your comfort and secure and hassle-free enjoyment of the OMED device.

End-user account. The Mobile App user account set up requires a name and email address. Depending on the ultimate objective and our role – whether as a provider of healthcare services to registered patients or as the data facilitator for research purposes – the end-user account may have to be set up anonymously (e.g. in research). If you are a research participant, you should seek relevant guidance from the study sponsor or the clinical site providing you with the OMED device (if different to the sponsor).

The OMED device is available for purchase or hire (as part of a health plan). If you have purchased a health plan which requires you to return the device after use and you would prefer to own the device, please contact support@omedhealth.com.

Information about how we process personal data is available under section 24.

We are currently able to offer healthcare services in conjunction with the OMED device in England, Wales and Scotland only.If you have purchased the OMED device from the US, you are required to seek advice from a US authorised/approved healthcare professional.

Our patient services are provided by our OMED Health doctor, but additional advice from a dietitian or nutritionist may also be required, where additional costs and charges will apply.

• Baseline plan/assessment. You are expected to complete a baseline assessment as soon as you connect your OMED device to the Mobile App, before purchasing any tests. This is a two-week program designed to assess your digestive health and help determine if you require further tests. The Mobile App will guide you through the process and your results will be reviewed by our OMED Health doctor.

• Test and treatments. Our test kits are available for purchase independently from the OMED device by clicking the “Buy Now” icon on the OMED Health website.

• Doctor-led support. Your test results together with all other information you provide through the Mobile App are reviewed by our OMED doctor who will provide and explain your diagnosis at no extra cost.

• Video consultations. You can book a consultation with our OMED doctor if you have received a letter issued by our doctor, with an online link prompting you to book an appointment. Additional charges apply.

• Prescriptions (excluding Gut Reset+). If you require medical prescription this will be issued by our doctor, and medication will be dispensed and posted to you by the Pharmacy once you have placed your online order using instructions provided. The cost of the medicine will be added to your shopping basket and will include all associated prescription and delivery charges. You will not be liable to pay anything additional to the Pharmacy.

• Low FODMAP diet/plan. We do not charge for this service, however you are advised to follow any such diet under the supervision of a dietitian or a nutritionist, which will incur extra cost.

Our bundled subscription option

• Gut Reset+ plan. If you have purchased this option, you will receive and be free to use the OMED device for the duration of your plan (typically 1 to 4 months), unlimited test kits, test results reviewed by our OMED doctor, diagnosis, proposed treatment with prescription and prescription consultation (excluding antibiotics).  The device should be returned to us as soon as you have completed your treatment or sooner if your Gut Reset+ plan has been cancelled. Alternatively, if you wish to purchase the OMED device at the end of your treatment plan, please contact our Customer Support at support@omedhealth.com.

• Antibiotics and video consultation. If our OMED doctor determines that you require antibiotics, you will be notified through in-App communications. You will receive a link to book your video consultation; this is required prior to the prescription being issued. Please note that the cost of antibiotics is not included in any of our treatment plans and you will need to purchase this directly through the Pharmacy.  

What is included in the price. All prices shown on the website and in the Stripe shopping basket(s) are inclusive of the cost of goods (or rental) you have selected, standard shipping cost, any prescription charges, duty, (where applicable) VAT at the applicable rate. 

What is not included in the price. You are responsible for the cost of all returns, unless you are returning a faulty or damaged product and with the authorisation code provided (as a confirmation of our return approval); any in-app purchases that may be available from time to time. 

Payments. Stripe accepts a range of payment methods including credit cards (such as Visa, Mastercard), digital wallets (such as Apple Pay), Klarna and others. We do not accept responsibility for any issues whatsoever that may concern or arise as a result of the payment processing platforms.  For further information about Stripe payment methods and platforms, please refer to the Stripe website: https://stripe.com/gb/payments/payment-methods  

Subscription plan payments.  If you have purchased a monthly subscription for the Gut Reset+ plan, we will take an initial payment at the time of your purchase and then again each month for as long as you continue your treatment plan, unless you notify us that you wish to cancel sooner. The overall Gut Reset+ plan is expected to continue between 1 to 4 months, although this period can be longer, depending on your diagnosis, recommended (or additional) treatment and your response to treatment, as well as your timely communication with us. 

We will send you reminders before the next payment becomes due at least 5 Business Days before taking a payment. 

If your card has been charged as a result of our lack of acknowledgment or response, we will issue a refund for any accidental overpayment.

Shipping and delivery (GB). We always aim to process your order and ensure it is dispatched promptly, however delivery times are outside of our control. When possible, orders placed before 1 pm on a Business Day will be shipped on the same day, or on the earliest next Business Day.. Where we are responsible for delivery, we select the most appropriate shipping service based on the size, weight, and destination of your order to ensure efficient and cost-effective delivery.

The chosen shipping method for our products will be determined at our discretion. Delivery times for our or medicinal products may vary, but if you have not received your order within 5 Business Days of your purchase, please email our Customer Support Team for further assistance. Please allow extra time during exceptionally busy periods such as between 15 December and 6 January.

Delivery is considered to be completed when the goods are unloaded at the address provided by you. We accept no responsibility for any goods left outside your door, residential address or business premises, if there is no one available to accept them.

If we are aware of any circumstances that may lead to longer than anticipated delivery time at the time you place your order, we will advise you by return. If the delay is longer than what might be considered acceptable to you, you will have an option to cancel your order, if you so decide. If you choose to continue then you will have agreed to our proposed delivery time.

Pharmacy prescriptions (GB only). All prescriptions, including any re-issues, submitted to the Pharmacy before 4pm on a Business Day will be delivered to the recipient (end-user) in accordance with the Pharmacy’s terms of business, which should be no later than 7 Business Days. We do not accept responsibility for any delays or other issues relating to or concerning any prescriptions or their delivery to you.

Your legal right to change your mind (“cooling-off” period). As a consumer, you have a legal right to change your mind about your (unused) OMED device purchase, and your subscription plan which you have not yet started, but you must let us know within 14 days of receipt of the device or the subscription purchase in order to receive a refund (using the same payment method), subject to certain circumstances set out below where you might not be eligible for a refund. This is subject to some conditions, as set out below. IF YOU DECIDE TO RETURN THE DEVICE, WE WILL NO LONGER BE ABLE TO PROVIDE YOU WITH OUR HEALTHCARE SERVICES.

To let us know you want to change your mind and return the device, or you no longer wish to receive any of our services, please do one of the following:

• contact our Customer Support Team at support@omedhealth.com;

• fill in the online cancellation form

• or fill in the print-out and post it to us at the returns address shown below.

We will contact you to confirm that we have received your request, confirm any eligible cancellations (including refunds), and provide you with the next steps.

When you can’t return items or cancel a subscription contract because you have changed your mind.

• OMED device. When you receive the OMED device in its original packaging, it will be sealed for hygiene and health and safety purposes. We will not be able to accept a return under this section once you have broken or removed the void seal on the device packaging.

• Subscription. The use of the OMED device is a critical part of our offering and any service we provide. Therefore, if you have started using the OMED device (i.e. you are taking breath measurements and recording data), having connected it to the Mobile App during the 14-day cooling-off period applicable to the Gut Reset+ subscription plan, you will have accepted the device rental and associated services which means that we will not be able to issue any refund (as part of the cooling-off period).

• Exempt products. Cancellation rights do not apply to and we are not able to accept returns or offer refunds for any test kits, medicinal products, food or other dietary supplements. In certain circumstances, where replacement or substitute products need to be prescribed or dispatched for reasons such as our own errors or omissions, we will waive any additional costs associated with such replacement.

Subscription cancellations. You can cancel the plan at any time, which will mean that our services will be discontinued and the OMED device will become due for return in accordance with the terms of our returns policy in this section 6.  To cancel the subscription, please email support@omedhealth.com  no later than five (5) Business Days before your monthly payment due date and we will provide you with a confirmation within 24-48 hours, or the first Business Day.

Returns of rented OMED devices (Gut Reset+ plan). If you have completed your Gut Reset+ plan and wish to return the OMED device, please use the pre-paid return packaging provided with your order and once securely sealed, send back to us. If you wish to purchase the device instead, please contact our Customer Support Team at support@omedhealth.com  who will be happy to assist you. If we have not received the returned device within 10 Business Days from the date of our confirmation of your Gut Reset+ subscription cancellation, and you have not expressed an interest in purchasing the device, we will contact you to agree the next steps, depending on the circumstances.  We reserve the right to charge a fee up of to the equivalent of the full cost of the OMED device if we do not hear from you and we still have not received the device within further 10 Business Days from when we first attempted to contact you about the return.

Cost of returns. If you are returning the OMED device because you have changed your mind and you no longer wish to use it, or our services, you are responsible for its safe return including the cost.  If you are returning a faulty or damaged device, you may be entitled to a refund for the cost of return once we have had an opportunity to assess the device and any warranty period.  We will advise you in writing accordingly.

Returns to be sent to: (and include the RMA number provided to you on acceptance of your return)

FAO: OMED Health Customer Support

Owlstone Medical Limited

183 Cambridge Science Park

Milton Road

Cambridge CB4 0GJ

All issues, concerns and other communications should be addressed to our Customer Support Team at support@omedhealth.com who will assess the query and contact you with the outcome or proposed next steps within 2 Business Days. We aim to continue to service our customers holiday periods, such as Christmas and Easter, however we may only be able to provide a reduced service– thank you for your patience during this time. 

Faulty product. If the order you have received becomes faulty or is not in a working or otherwise satisfactory condition, please contact our Customer Support Team as soon as you become aware and include description of the fault.  If the issue is visible, you may include a photo.   

Performance concerns. If you are not satisfied with the performance of any aspect of our OMED products or services, or you no longer wish to continue using our products or services, please contact our Customer Support Team as soon as possible and include a brief summary of your concerns or issues, or the reasons why you wish to stop.   

Healthcare services concerns. If you are not satisfied with the performance or conduct of our OMED doctor, please contact our Customer Support Team as soon as possible and include a brief summary of your concerns or issues.   

Cancelling your consultation appointment. If you need to cancel your appointment with our OMED Health doctor, you should provide as much notice as possible. The option and link to cancel is available in your original email booking confirmation. Any cancellations with less than 24 hours’ notice of your scheduled appointment are not refundable. To make a new appointment following a cancellation, please contact support@omedhealth.com for further assistance.

Refunds for bundled products. If you have purchased a bundled product which contains antibiotics (including a prescription (video) consultation) but following your prescription meeting with our OMED Health doctor it has been determined that the antibiotics are either not required or suitable for you, we will refund you the price you paid for such bundled product. However, we are not able to provide refunds where you change your mind or choose not to pursue the relevant treatment following your consultation. If you request to extend the time for consultation allocated under this paragraph, and/or following your request the primary purpose of the consultation changes, we reserve the right to charge a full consultation fee. 

When we might have to end our contract with you. We do not take similar decisions lightly but there may be circumstances, such as (without limitation) if we have any concerns over your health and safety, or if we have to carry out a product recall; or if you do not follow the steps set out in our instructions or a programme brochure or in any treatment plan you are advised to follow; if you deliberately or repeatedly cause damage to our products; if you continuously fail to attend scheduled consultations; if you abuse or harass any member of our staff; or if you do any act that is likely to or does result in any damage or loss to us or our staff, we might suspend and subsequently terminate your Mobile App user account and access to all our services immediately and inform you of this in writing. 

We might not be able to compensate you for all losses. See section 8 (Compensation) for further information. 

Refunds are not an automatic right. We exercise our full discretion when making decisions about customer refunds. If the OMED device you have returned is no longer usable because you have either not handled it with due care or due to any hygiene, health and safety reasons or any other damage (other than damage caused by us or in transit), the refund may be either reduced to compensate us for the relevant damage, or in some cases no refund may be due. In each case, we will advise you accordingly.  

Processing your refund. We will process all agreed refunds as soon as possible and within 14 days of our receipt of the returned OMED device from you (if the refund relates to the device purchase alone), or within 14 days of our confirmation of the end of your subscription (if the refund relates to the end of your Gut Reset+ subscription). We will refund you by the method you used for payment. We don’t charge a fee for the refund. 

Device warranty. We offer a 12-month manufacturer’s warranty on all our OMED devices, valid from its shipping date. All warranty claims will be assessed to determine whether our advice or any instructions provided, such as those set out in the Getting Started Guide have been followed. Any returns and refunds will be determined subject to and in accordance with these Terms.  

We don’t compensate you for all losses caused by us or our products or services. We are responsible for losses you suffer caused by us by breaking this contract, such as through actions or omissions (including negligence) which are our own fault. However, we do not accept responsibility in circumstances where the loss is or was: 

• Unexpected. It was not obvious, or could not have been foreseen that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so the loss was unforeseeable). 

• Caused by a delaying event outside our control. As long as we have taken the steps set out in section 6 (Delivery and returns) we’re not responsible for delays outside our control, including delays caused by third party shipping providers. 

• Avoidable. Something you could have avoided by taking reasonable action. For example, pairing and connectivity issues, damage to your own device or loss of your App data which you could have avoided by following our instructions and guidelines provided by us from time to time, or following our advice. 

• Deliberate. If you take any action which is wrongful or deliberate, or you deliberately fail to take steps which you are expected to take for the proper performance of our products and supply of services. For example, causing damage to the Device in order to obtain a refund or replacement. 

• Accepted by you. You may choose to discontinue or reject any part of your treatment journey or other aspects of our OMED products or services at any point.  We can only provide refunds where these OMED Terms expressly state that a refund or other compensation may be due. 

We can transfer our contract with you, so that a different organisation is responsible for supplying our products or services. In the event of any material changes to how we conduct our business or business operations as a result of which a different organisation might become responsible for supplying OMED products or services, we will contact you to let you know before this happens. If you are unhappy with the transfer you can contact our Customer Service Team at support@omedhealth.com and let us know your concerns or any questions you may have. 

You can only transfer your contract with us to someone else if we agree to this. You may purchase the OMED device for someone else, such as a spouse or a relative, but due to the nature of the services we offer, we can only provide healthcare services to the end-user of the device and Mobile App.  

Nobody else has any rights under this contract. This contract is between you (either as the purchaser of the OMED device, or the App end-user) and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it. 

If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply. 

Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you’re not allowed to, but that doesn’t mean we can’t do it later. 

Contract formation. Contract with our business customers is formed either: (a) when following your order placement whether via the website you receive a written confirmation with an order number, or (b) when following your submission of a purchase order you receive an invoice from us. These OMED Terms constitute the entire agreement between us in relation to each purchase and explicitly exclude any other standard terms and conditions, whether implied or otherwise, unless specifically agreed to in writing and signed by both parties. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by us or on our behalf which is not set out in these OMED Terms and that you have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement herein.

Business customers might not enjoy the same rights as consumers. For example, we are only able to accept order cancellations within the “cooling off” period (subject to certain restrictions) from individuals; business customers have different rights where there is a problem with a product and we don’t compensate them in the same way as consumers for losses caused by us or our products. Where a term applies just to businesses or just to consumers, this is clearly stated.

Overseas customers. We are currently able to provide our healthcare services to individuals resident only in England, Wales and Scotland due to the regulatory scope of our products and services.  The connected Mobile App which must be downloaded onto a smartphone device may not be available in all regions, or may only be available for limited use in research. Please contact support@omedhealth.com for further support.

OMED products and services are available to a broad customer base, though they are ultimately designed for individuals seeking help with their gut health related issues.  Therefore, transactions with our business customers/organisations may include one or more of the following: 

• Sale of the OMED device only 

When you place an order for the device, whether via the OMED Health website or by submitting a purchase order, you acknowledge and accept that the device is sold strictly subject to the following approved purpose/ intended use (as applicable): 

• Great Britain: UKCA marked as a General IVD/ medical device approved as an aid in the diagnosis of gastrointestinal conditions.  

• EU/EEA: CE marked product for personal use, including for use in research.  

• USA:  Class I listed medical device as an aid in the diagnosis of gastrointestinal conditions. 

Owlstone does not accept any liability or responsibility in connection with any use of the device, whether by your organisation or another third party that receives the OMED device from you (directly or indirectly), which is contrary or inconsistent with the approved purpose or intended use set out above. 

• OMED Affiliate Program (includes patient referrals) 

We offer our clinical pathway integration (see above) into your clinical process, either standalone or as complimentary to your patients’ needs. This means that you may either:  

• purchase our OMED devices directly and provide them to your patients, as required; or 

• refer your patients to us enabling them to purchase the OMED device and any associated tests and/or treatments and so directly benefit from any promotional offers.   

We may further enter into additional bespoke agreements or side letters with you under this program to set out specific terms, offers or discounts, as supplementary or complimentary to these OMED Terms. All our Affiliate (social media) Influencers are also subject to our Affiliate Influencer Agreement, which is provided to you separately. 

Once patients connect the OMED device to the Mobile App and start using our service, including associated tests and treatments, they become our customers and patients.  

Your request to access our patient records. This right is not automatic and is subject to your acceptance of and adherence to our Data Sharing Agreement and our receipt of the patient’s consent to sharing their medical records and data.  

• Research use 

If your organisation or institution is interested in using the OMED device in a research study or clinical trial, you may purchase a pre-agreed number of OMED devices either through our OMED Health website or by placing a purchase order. Note however that it may not be possible to place large bulk orders via the website and we therefore advise that you submit a purchase order for our acceptance subject to these OMED Terms, or to email us at support@omedhealth.com. Terms relating to payments, shipping, delivery, returns, data protection, among others set out in these OMED Terms will apply. 

Your study or trial participants. Save for facilitating the Mobile App end-user account, including the necessary data storage, we have no direct relationship with your organisation’s study participants. It is your responsibility to take appropriate technical and organisational measures to ensure that any user accounts set up for the purposes of your study or trial are set up anonymously so that we are not able to identify any study participants. We will assist you with the provision of any information about the OMED device and Mobile App that you might require for any ethical or regulatory submissions, but we are not responsible for providing the relevant information to study participants (save for any privacy notices). 

Service and data. Owlstone does not warrant that the use of the OMED device and/or Mobile App will be uninterrupted or entirely error free. Owlstone might not be able to prevent loss of data, its alteration or disclosure the control of which ultimately rests with the end-user. If the device and Mobile App are being used as part of research, the trial sponsor or research site is responsible for instructing the end- users on how to ensure all relevant data is recorded and stored for as long as required. 

Please refer to section 24 (Data Protection) for information about how we process data. 

• OMED customer support  

We have a dedicated support team available to answer any questions. Please email support@omedhealth.com to share your feedback, ask questions or raise concerns.  

Prices shown or quoted are exclusive of VAT which will be added at the current rate, where applicable. Any increases in VAT will be passed on to you.

Payments. Stripe accepts a range of payment methods including credit cards (such as Visa, Mastercard), digital wallets (such as Apple Pay), Klarna and others. We do not accept responsibility for any issues whatsoever that may concern or arise as a result of the payment processing platforms.  For further information about Stripe payment methods and platforms, please refer to the Stripe website: https://stripe.com/gb/payments/payment-methods

Payment of our invoices, if you are using a purchase order, all invoices must be paid within 30 days of the date stated on the invoice. Late payments of invoices will incur a charge at 4% a year above the Bank of England’s base rate from time to time, but at 4% a year for any period when that base rate is below 0%.

Payment of your invoices. If we have an agreement with your organisation for patient referrals and we are due to make any referral/commission fees to you, you must issue a valid invoice to our accounts department at accountsuk@owlstone.co.uk based on a purchase record provided by us. We will make a payment within 30 days of the invoice date (unless we have a cause to dispute the invoice).

If you are a business (including research organisations), in the absence of any written agreement to the contrary, we will ship to an agreed delivery business location (DAP, Incoterms® 2020) specified either on your online booking or a purchase order. If you are ordering on behalf of one of your patients (a consumer), delivery will be affected in accordance with our consumer delivery terms under section 6. 

Shipping and delivery (International/overseas). Our international deliveries can take 3 – 5 Business Days. We will use reasonable commercial efforts to meet any agreed delivery timeframes, however these are approximate only and not within our control.  

Title and risk. The legal and equitable ownership of any consignment of goods (excluding any intellectual property or rights vested therein) shall remain vested solely in Owlstone until payment in full of all amounts due in respect of your order and any previous orders have been received by us. All goods within each delivery shall be at your own risk from the point of delivery. Accordingly, it is your responsibility to obtain appropriate insurance from the point of delivery (save where you are placing an order on behalf of an individual). 

Delivery by instalments.We may effect delivery in one or more instalments. Any delay in delivery or defect in an instalment shall not entitle you to cancel any other instalment.  

Licenses and permissions. You are responsible for obtaining, at your own cost, such permissions, licenses and other relevant consents in relation to your own use of our products, including the collection of or access to any data obtained from the end-user as may be necessary.  

Cost of returns. If you are returning a faulty or damaged device, you may be entitled to a replacement once we have had an opportunity to assess the device and any warranty period.  We will advise you in writing accordingly.  Except in the event of any gross negligence or deliberate damage to the device, we will always seek to cover the cost of returns. 

Returns to be sent to: (and include the RMA number provided to you on acceptance of your return) 

FAO: OMED Health Customer Support 

Owlstone Medical Limited 

183 Cambridge Science Park 

Milton Road 

Cambridge CB4 0GJ 

Help with returns: support@omedhealth.com 

Your duty to notify. You must inform us without delay if and immediately on becoming aware of any safety concerns of the end-user(s), such as your patients or study participants. 

Your duty to keep records. You must maintain appropriate, up-to-date and accurate records of all products distributed by you to any third parties in order to enable immediate recall of any product or batches of products from the market. Such records must include records of deliveries to customers (including batch numbers, delivery date, name and address of addressee, telephone number and email address). 

Assistance. Should we decide or be required to recall any products, you agree to provide us with any assistance that we may reasonably require to recall, as a matter of urgency, products from the market. 

Your acknowledgment. You hereby acknowledge that all information, in any form or nature, tangible or intangible, including any intellectual property and rights therein, not limited to know-how, trade secrets, technical or analytical information that subsist in or is concerning the OMED device, Mobile App and/or associated products, documents, data and other information constitutes Owlstone proprietary information and it might be confidential (“Proprietary Information”) whether or not such information is marked as confidential or Proprietary Information. The Proprietary Information includes commercially valuable information, the design and development of which reflect the effort of skilled development experts and investment of considerable amounts of time and money. Any reputation in any trademarks affixed or applied to the device and/or the App shall accrue to the sole benefit of Owlstone or any other owner of the trademarks from time to time. 

Protection of trademarks. You shall not repackage the goods and/or remove any labelling, logos, trademarks, copyright notices, confidential or proprietary legends or identification from the goods. You must not use (other than pursuant to these OMED Terms) or seek to register any trademark or trade name (including any company name) which is identical to, confusingly similar to or incorporates any trademark or trade name which Owlstone (or its affiliates) owns or claims rights in anywhere in the world. 

Limited license. Owlstone hereby grants to its customer /you a limited non-exclusive, non-transferable, royalty-free licence to the extent necessary to use the OMED device in accordance with these OMED Terms. 

Notification of infringement. You shall promptly notify us in writing if you become aware of: any infringement or alleged infringement by any third party of the rights in any intellectual property contained in or relating to our products or services; or any allegation by any third party that the sale, use or exploitation of our products or services infringes any intellectual property rights of any third party; and subsequently provide us with such detailed information concerning the same as is available to it and extend such co-operation as we may reasonably request (at our expense) in countering it. 

Irreparable damage. You hereby acknowledge that any use or threatened use of our products or services in a manner inconsistent with these OMED Terms or other misuse of the Proprietary Information will cause immediate irreparable harm to Owlstone for which there is no adequate remedy of law. Accordingly, you agree that Owlstone shall be entitled to immediate and permanent injunctive relief from a court of competent jurisdiction in the event of any such breach by you. 

Reverse Engineering and Decompilation. Customer or any third-party may not modify, disassemble, reverse engineer, analyse, or decompile any part of our products or services. 

Device warranty. Owlstone warrants that on delivery and for a period of 12 months from delivery, our OMED device shall: (a) conform in all material respects with its description; (b) be free from material defects in design, material and workmanship; (c) be of satisfactory quality; and (d) be fit for any purpose held out by Owlstone. We will endeavour to replace or repair defective products, provided that (a) we have received a written notification from you within reasonable time of discovery that some or all of the products do not comply with any aspect of our standard warranty; and (b) we receive the product in question back and have reasonable opportunity to examine the issue. 

Disclaimer. OUR PROMISE TO REMEDY NON-DELIVERY OR PRODUCT QUALITY ISSUES AS SET OUT IN THESE OMED TERMS SHALL BE ACCEPTED BY THE CUSTOMER IN LIEU OF AND TO THE EXCLUSION OF ALL CONDITIONS AND WARRANTIES WHETHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE.  SAVE AS PROVIDED IN THE REMAINING PROVISIONS OF THIS SECTION 16, THE LIABILITY OF OWLSTONE FOR LOSS OR DAMAGE INCLUDING CONSEQUENTIAL OR INDIRECT LOSS OR DAMAGE TO THE CUSTOMER (INCLUDING WITHOUT LIMITATION LOSS UNDER CURRENT AND FUTURE CONTRACTS, LOSS OF BUSINESS AND DISASTER RECOVERY COSTS) SHALL NOT IN ANY EVENT EXCEED THE TOTAL PRICE  OF THE PRODUCTS (WHETHER VIA WEBSITE OR INVOICED) IN CONNECTION WITH SUCH LIABILITY WHETHER SUCH LIABILITY ARISES IN CONTRACT, IN TORT (INCLUDING NEGLIGENCE AND BREACH OF STATUTORY DUTY),  MISREPRESENTATION OR OTHERWISE HOWSOEVER AND EVEN IF OWLSTONE HAS BEEN ADVISED OF THE LIKELIHOOD OF SUCH LOSS OCCURING. 

Liability that cannot be excluded or limited. Nothing in these OMED Terms shall act to exclude  or restrict Owlstone’s liability which cannot legally be limited, including liability for death or personal injury resulting from the negligence of Owlstone/OMED Health, its servants or agents, or in any other manner precluded by law; fraud or fraudulent misrepresentation.  

No liability for misuse. Owlstone shall not be liable for any losses arising from the customer’s or third-party’s subsequent use or misuse of our products and/or the Mobile App including (without limitation): fair wear and tear; wilful damage; the customer’s or third-party user’s negligence, or that of its agents or employees, breach of third party intellectual property rights, or any failure to follow Owlstone’s instructions as to the proper use of the products and/or the Mobile App; abnormal working conditions;  and any alteration or repair of the products and/or the Mobile App by any manufacturing process or otherwise; any misstatements or misrepresentations about the products and/or the Mobile App, any diagnosis, treatment or malpractice by the customer or any third party. 

No liability for delivery issues. Owlstone is not liable for non-delivery, shortages, damage or loss of all or part of the products in the absence of customer notifications in accordance with these OMED Terms. 

Unauthorised representations. You hereby undertake not to give or make any warranties, representations, assurances or advice, whether written or verbal, in connection with the products and/or the services covered by these OMED Terms, including holding your business or its representatives out as authorised to bind Owlstone in any way (such as to pledge credit, enter into contracts or make other unauthorised claims) save for those expressly authorised in writing by Owlstone he Company (“Unauthorised Representations”). You shall indemnify and keep indemnified Owlstone against any loss or  liability which Owlstone might incur due to your or any of your affiliates and representatives, officers, directors, employees, agents or contractors (or any third party to which you supplied our product(s)) making any Unauthorised Representations, or any such loss or liability resulting from any third party acting in reliance on the Unauthorised Representations. 

Customer indemnity. The customer/you shall indemnify and keep indemnified Owlstone and its representatives against all claims, proceedings, losses and expenses (including all legal and other expenses or fines) arising out of or in connection with your, third party purchaser or third party’s use (or misuse), re-sale or supply of the products and/or services, including in particular claims against Owlstone relating to or arising from any Unauthorised Representations, your breach of these OMED Terms, malpractice, negligence, misconduct, diagnosis or treatment of or any other advice provided to any end-user whether by you or any third party.  

Each party undertakes that it shall not at any time during the contract and for a period of five (5) years after termination or expiry of the contract, disclose to any person any confidential information concerning the Proprietary Information or other intellectual property of the other party, business, affairs, customers, clients or suppliers of the other party, except that each party may disclose the other party’s confidential information: (a) to its employees, officers, representatives, contractors, subcontractors or advisers who need to know such information for the purposes of exercising the party’s rights or carrying out its obligations under the contract. Each party shall ensure that its employees, officers, representatives, contractors, subcontractors or advisers to whom it discloses the other party’s confidential information comply with this section 17; and (b) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority. Neither party shall use the other party’s confidential information for any purpose other than to exercise its rights and perform   its obligations under or in connection with the contract. 

Termination by Owlstone. Without limiting our other rights or remedies, Owlstone may terminate its contract with the customer with immediate effect by giving written notice to the customer if: (a) the customer commits a material breach of any term of the contract, including failure to pay sums due and (if such a breach is remediable) fails to remedy that breach within 7 days of that party being notified in writing to do so; (b) the customer takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), obtaining a moratorium, being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction; (c) the customer suspends, threatens to suspend, ceases or threatens to cease to carry on all or a substantial part of its business; or (d) the customer’s financial position deteriorates so far as to reasonably justify the opinion that its ability to give effect to the terms of the contract is in jeopardy. “Material breach” shall be construed (without limitation) as: (i) a breach of any of the customer warranties, (ii) any misuse of our products or services which is inconsistent with these OMED Terms; (iii) unauthorised disclosure of Proprietary Information resulting in any loss, damage, injury to reputation, prejudice to Owlstone’s intellectual property rights or its inability to make IP filings, or (iv) infringement of Owlstone’s intellectual property rights by the customer or by any third party as a result of the customer’s breach of these OMED Terms.   

Suspension of products or service. Without limiting its other rights or remedies, Owlstone may suspend provision of its products or services if: (a) there are any concerns over the safety of any end-user resulting from the use of Owlstone’s products or services; (b) if the customer’s requirements substantially change, beyond the scope of these OMED Terms; (c) (where applicable) if the research study in question is suspended or terminated; (d) Owlstone has to carry out a product recall; (e) the customer becomes subject to any of the insolvency events listed above, or Owlstone reasonably believes that the customer is about to become subject to any of them, or (f) if the customer fails to pay any amount due under this contract on the due date for payment. 

Rights on termination.  Termination or expiry of the contract, however arising, shall not affect any of the parties’ rights and remedies that have accrued as at termination or expiry, including the right to claim damages in respect of any breach of the contract which existed at or before the date of termination or expiry. 

Survival. Any provision of the contract that expressly or by implication is intended to come into or continue in force on or after termination or expiry of the contract shall remain in full force and effect, including but not limited to sections 10 (Our contract), 13 (Delivery and returns), 14 (Product recalls), 15 (Intellectual property), 16 (Limitation of liability), 17 (Confidentiality), 19 (Other important terms), 24 (Data protection), 26 (Resolving disputes). 

Publicity. A party may, subject to the other party’s prior written consent, issue a press release using the other party’s name and branding, or create non-confidential case studies, presentations and marketing materials which may include references to the other party, their products or services. 

Compliance with Applicable Laws. Both parties shall comply will all applicable laws, statutes and regulations in force from time to time as they apply to each customer in the relevant jurisdiction. The parties must in particular comply with the Bribery Act 2010 and in so doing establish, maintain and enforce its own policies and procedures. Compliance under this section includes taking steps to ensure compliance by its agents, contractors and subcontractors. 

Entire Agreement. The online order or purchase order (as the case may be) and these OMED Terms constitute the entire agreement between the parties and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter. Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the contract. 

Notices. Notices under these OMED Terms must be served in writing to our registered address and may be served by hand, email or first class pre-paid post. 

Validity. If any provision of these OMED Terms is held by any competent authority to be invalid or unenforceable in whole or in part the validity of these OMED Terms and the remainder of the provisions in question shall not be affected thereby. 

Third Party Rights. Nothing in these OMED Terms should be construed as conferring rights on any third party, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise. 

No Waiver. No waiver or indulgence by Owlstone in exercising any right, remedy, power or privilege under the contract shall either be or be deemed to be a waiver of or in any way prejudice any such right, remedy, power or privilege. No single or partial exercise of any right, remedy, power or privilege shall preclude or restrict the further exercise or enforcement of any such right, remedy, power or privilege. 

Assignment. The customer shall not assign, transfer, delegate or subcontract any of its rights and obligations under the contract.  Owlstone shall be entitled to assign, transfer, delegate or subcontract its rights and obligations under the contract. 

Severance. If any provision or part-provision of these OMED Terms is or becomes invalid, illegal or unenforceable, it shall be deleted, but that shall not affect the validity and enforceability of the rest of these OMED Terms. If any provision or part-provision of these OMED Terms is deemed deleted we will negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision. 

Governing Law and Jurisdiction. Any controversy or claim of whatsoever nature arising out of or relating in any manner whatsoever to the contract or any breach of any terms of the contract shall be governed by and construed in all respects in accordance with the laws of England. Each party hereby irrevocably acknowledges and agrees that the Courts of England shall have exclusive jurisdiction to resolve any controversy or claim of whatsoever nature arising out of or relating in any manner to the contract, any terms of the contract or any breach of the contract or any such terms. 

Placing orders.  The OMED device and any diagnostic tests, treatments or supplements can be currently purchased by eligible customers and for the purposes set out in these OMED Terms via the OMED Health website using the relevant “Buy Now” icon. You will then be directed to a shopping basket (on a Stripe payment page) where you can complete your purchase. 

If you are an organisation and wish to place an order, you can use the “Buy Now” option on our website for a limited number of OMED devices, or for bulk purchases you should complete a purchase order the acceptance of which will be confirmed when we send you an invoice with a copy of our standard terms attached. Once the order is confirmed, we will not be able to change it.   

If your organisation is placing an order on behalf of a patient, and you have agreed with that patient that all rights and obligations relating to the order (except for payment) rest with the patient, you must include the recipient patient’s/customer’s delivery information, including their email address on the order. This will ensure that the ultimate customer obtains all relevant order confirmations, updates about delivery (with the ability to contact us in the event of any delivery or product issues) and our terms and conditions. 

Order acceptance (website orders only). Once you have completed your purchase, you will receive an automated confirmation to the email address provided, with your order number – unless you have placed an order on behalf of a patient (as set out above). A copy of these OMED Terms will be attached to your booking confirmation, for your records. We will contact you again to confirm once your order has been dispatched to the address you have provided and provide you with the tracking details, or alternatively if there is any issue with your order.  

Order acceptance (purchase orders – organisations only). If you are a business customer placing a larger order using a PO, your order will be deemed to be accepted when you receive written confirmation from us.  Once accepted, the order may only be varied with the prior written consent of an authorised OMED representative.  

Sometimes we may reject orders. We may have to reject an order, for example, because our products are unexpectedly out of stock, or because you live outside of Great Britain where test kits, diagnosis, treatment or healthcare consultations cannot be provided by us. When this happens, we let you know as soon as possible and find an acceptable solution for you. 

We may issue unique discount codes to our customers from time to time, tailored to each customer. If you are in receipt of a valid discount code from us it is your responsibility to ensure that you use the discount code responsibly and in accordance with any guidance or additional terms provided.  

An organisation may be granted and apply up to 100% discount code in favour of their patient(s) and be billed monthly by us, instead of the patient. Any specific terms applicable to a particular discount code will be agreed in a separate letter between Owlstone and the relevant organisation.  

If you are an organisation and we have an agreement with you relating to customer referrals, any commission payment that may be due will only be recorded if it is connected to a valid discount code issued by us (evidenced in writing). Any such commission may be reduced by the amount of the discount applied directly to the referred customer on your written instructions.  We will provide you with periodic reports of all purchases made using each unique discount code, gross income received by us and any commission payable to your organisation. 

We reserve the right to reject any expired or otherwise invalidated discount codes and similar price reduction offers. 

We may make improvements to our products and services. From time to time, we might make minor technical adjustments and improvements to any aspect of our offering, including for example but not limited to enhancements to our products to address any regulatory requirements, treatment plans, product or data security updates, changes to applicable laws, or software updates. Certain changes may also trigger changes to these OMED Terms from time to time. We will let you know if this happens. 

We might have to suspend the supply of some or all of our products and/or services. No decision to suspend is taken lightly. This could be to deal with technical problems or to make minor technical changes; update any products to reflect changes in relevant laws and regulatory requirements; or make other important changes. In some (rare) circumstances, the Mobile App data might not be accessible due to server maintenance or issues caused by third parties. We will communicate in the best way possible to provide assistance should this happen. 

  *If you are using the OMED devices in research and find that our online services have been suspended, please contact: support@omedhealth.com. 

We might withdraw our products and services. In some (rare) circumstances, we may have to stop providing some or all of our products and services for reasons that we may have little or no control over. We will let you know as soon as possible should this occur and discuss alternative options, including (where appropriate) compensation available. 

Reporting of issues.  If your order has not arrived during the time or in a condition that you expected (this could mean the wrong quantity or damage to your order), please email our Customer Support Team at support@omedhealth.com  as soon as possible and ideally, no later than within 5 days of delivery (or non-delivery).  

Acceptance of claims. If we accept your reported claim we may, at our absolute discretion decide whether the item(s) in question should be repaired or replaced, or whether we might issue a credit note. Any such steps would be determined based on our satisfaction that any damage caused was not due to a reckless or deliberate act by you. 

We are not responsible for delays outside our control. If your delivery is delayed by an event outside our control, we will contact you as soon as possible to let you know and will ensure delivery is completed as soon as possible, while doing what we can to reduce the delay. If we advise you that the delay is likely to be substantial you can contact our Customer Support Team by email or by filling out the Contact Us Form available at https://omedhealth.com/contact-us/  and we will agree on next steps, which may include cancelling your order, whether or not subject to refund for any goods you have paid for in advance, but not received.  

For information about how your data may be used within OMED Health if you are interacting with the OMED Health website or placing an order, please see our Privacy Notice.

For information about how your data may be used within OMED Health if you are an end-user of the Mobile App, please read the Mobile App Privacy Notice available through the Mobile App.  

Acknowledgment by organisations. You acknowledge and accept that Owlstone will process personal data of the end-users who receive the OMED device in the following capacity, subject to specific circumstances:  

• Owlstone as a controller. If you are an organisation referring your patients to us to receive our healthcare services, they will be required to download the Mobile App onto their smartphone device and create a user account in order to connect the device to the app and use as intended.  Each end-user will be required to read and accept the Mobile App Privacy Policy presented upon downloading the app.  

• Owlstone as a processor.  If you are using the OMED device with study participants as part of research, we are considered a processor in relation to identifiable or pseudonymised data relating to the study participants. However, it is likely that in research settings the end-user accounts will be created using non-identifiable log in details over which we have no control and as such, even with the data processed through the Mobile App, we would not be able to identify the end-user(s). 

Owlstone accepts no responsibility for any personal data shared directly or indirectly between the end-user and you or any third party. 

Data sharing with 3rd party clinicians/ healthcare organisation. As our patient, you may be asked to share the data collected through your Mobile App (including medical data) with your referring healthcare provider. We will only enable their access if we have a Data Sharing Agreement with that clinician/provider and you provide us with your consent to such sharing when prompted via the Mobile App. 

Third party services.  We use certain external providers as part of our OMED offering, as follows: 

• All our medical prescriptions are dispensed and delivered using a third-party registered online pharmacy – Signature Pharmacy through their prescription service platform, SignatureRX (“Pharmacy”).     

• All our Consultation appointments and video links are facilitated through Cliniko, a third-party clinical software provided by Red Guava Pty Ltd. 

• All payments will be processed via Stripe, Inc. 

• Our communications (including marketing) are facilitated by Salesforce, Inc. and Marketo, Inc. 

If you have any questions, requests or concerns relating to your personal data, please contact our Data Privacy Team at privacy@owlstone.co.uk.  

General queries, feedback, performance issues. Our Customer Service Team at support@omedhealth.com  will do their best to resolve any problems you have with us or our products.  Please allow up to 2 Business Days for our initial response.  

Our internal complaints/escalation procedure.  If, following your interaction with our Customer Support Team you feel dissatisfied or have additional concerns, please let us know and your matter may be passed on to our quality, legal or data protection experts.  

If you are still not entirely happy with us. If our team of experts have not been able to resolve your query or concern to your full satisfaction, please send us a letter using the following details: 

FAO: Chief Financial Officer 

Owlstone Medical Limited 

183 Cambridge Science Park 

Milton Road 

Cambridge CB4 0GJ, UK 

Resolving disputes without going to court. If we have not been able to resolve your complaint through our internal complaints procedure, alternative dispute resolution is an optional process available to you, where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. Once we have provided you with the outcome of our internal review process, you can submit a complaint to the Health and Social Care Complaint Adjudication Management Partners (HSCAMP) through their website at https://hscamp.co.uk/complaint-process/. HSCAMP does not charge you for making a complaint and if you’re not satisfied with the outcome you can still go to court. 

You can go to court. These OMED Terms are governed by English law and wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in. 

End of terms and conditions