Consumer Terms and Conditions

OMED Health® is the registered brand name for digestive health related tests and activities performed within Owlstone Medical. While the name OMED Health is used throughout these terms and conditions, all rights and obligations pertaining to OMED Health under these terms and conditions are those of Owlstone Medical.

You can find everything you need to know about OMED Health and our products and services on our website and using one of the options below before you order.

• emailing our Customer Support Team at support@omedhealth.com
• submitting the Contact Us form

Owlstone Medical Limited is a private limited company registered in England and Wales (company number 04955647) with its registered office and main trading address at 183 Cambridge Science Park, Milton Road, Cambridge, United Kingdom, CB4 0GJ. Our VAT number is GB260449214.

Owlstone Medical is registered with the Care Quality Commission (CQC).  Further CQC details are available via the CQC website. We are also a registered Food Business Operator with the South Cambridgeshire District Council.

What these terms cover. These terms and conditions apply to OMED Health products and services supplied to private individuals (consumers) in Great Britain (OMED Terms). They explain your rights and responsibilities relating to your purchase and/or the use of our products and services, and our rights and obligations to you and/or the end-user (where you are buying the product for someone else). We also ensure an orderly and secure running of your online user account, secure storage and processing of all your data, as well as maintenance and servicing of your free OMED app.

Our legal agreement. These OMED Terms form a legally binding agreement between Owlstone Medical Limited (“we”, “us”, “our”, “Owlstone”) and you, a private individual (aged 18+, resident in Great Britain) who purchases our products or services on the terms set out in this document (“you”, “your”). By purchasing the OMED Health Breath Analyzer (the Device) or any follow-on tests, treatments, or consultation appointments, you agree to be bound by these OMED Terms.

*IMPORTANT: Fitness declaration. Prior to purchasing the Device, you are required to submit a short medical statement relating to the intended end-user of the OMED Product (which may or may not be you), the purpose of which is to ensure that the end-user meets the key eligibility criteria and to eliminate the most significant health risks (Fitness Declaration). The Fitness Declaration is required both prior to purchase and again at the time of pairing the Device and the App. If you are purchasing the Device for someone else, our contract for that purchase is with you (not the recipient for whom you are buying the Device), and it is your responsibility to answer the relevant questions truthfully and to the best of your knowledge, having made adequate enquiries about the end-user’s health. Owlstone Medical or any members of the OMED Medical Team do not accept any responsibility for incorrect or dishonest submissions, and we will not be able to issue any refunds on the grounds of inaccurate Fitness Declaration. If you cannot confirm with certainty the statements within the declaration, you should speak to your GP (or the end-user, if you are buying the Device for another) or any specialist healthcare professional managing your medical care.

*IMPORTANT: Getting Started Guide. When you receive the Device, you are required to familiarise yourself with the Getting Started Guide as it contains important information not only about how to use and benefit from the Device, but also some important safety, care and handling instructions. Any user of the Device will be expected to follow the guide and adhere to any instructions provided, failing which we may not be able to authorise a refund should you request to return your order. The Device and Mobile App are designed to be paired and used together. Neither component will perform in isolation to deliver Diagnosis, Treatment or Consultation.

*IMPORTANT: Purchasing tests and treatments (including antibiotics). If you have any concerns about a particular test or treatment, you should seek appropriate medical advice. Always refer to the relevant product packaging and instructions for recommended use, dosage, allergens and storage. Please also refer to section 6 (Delivery and Returns) for information about why we are not able to accept returns on orders containing tests and treatments.

*IMPORTANT: Device disposals. The Device is an electrical product which should not be mixed with general household waste. For proper treatment, recovery and recycling of old or unwanted products, please take them to separate collection facilities for recovery and recycling of relevant goods.

About our OMED Product offering. When we refer to the OMED Product, we mean the combination of some or all of the following components of our offering:

The Device: means the OMED Health Breath Analyzer, which is a handheld electronic battery-operated medical device with a mouth piece; it connects to the Mobile App (below) and measures constituents of exhaled breath as an aid in the diagnosis of gastrointestinal conditions.

Mobile App: means the OMED Health smartphone application software designed to record all data provided by its user (e.g. food diary, symptoms) and the data from the Device; it is available to download from the Apple Store (for Apple smartphones), or Google Play Store (for Android smartphones) and pair with the Device.

Care Hub: means a secure online system within OMED Health that allows (i) users registered with the OMED Medical Team on the one hand and (ii) relevant authorised members of OMED Health on the other, to access and visualise communications between them, such as those concerning the user’s test results, details of any treatment plan and relevant outcomes.

App Services: means the registration and secure running of the Mobile App user account necessary for the recording, viewing, editing and storing of end-user’s hydrogen and methane concentrations measured on breath and other information personal to the end-user; this also includes troubleshooting and other technical and customer support services provided by OMED Health for the end-user’s comfort and secure and hassle-free enjoyment of the Device.

Diagnosis: means the diagnostic outcome relating to you, if you are the end-user, based on the data recorded through the Mobile App and the results of any tests you might have purchased.

Treatment: where applicable, treatments recommended by your doctor within the OMED Medical Team.

Consultation: where required or appropriate, means any online (video) consultation appointments with one or more members of OMED Medical Team.

OMED Medical Team. Our medical team are a team of registered doctors overseen by and including our CQC Registered Manager. They are responsible for reviewing Fitness Declarations or other medical questionnaires, reported symptoms, the hydrogen and methane levels measured on your breath and all other relevant data submitted through the Mobile App, forming diagnosis, recommending treatment options, attending Consultations (where required) and submitting prescription requests to our partner online pharmacy.

If you have any questions for or concerns relating to the OMED Medical Team, please contact support@omedhealth.com.

Third party services. We use certain external providers as part of our OMED Product 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.

Ordering the Device. The Device can be currently purchased and delivered for personal use and diagnosis in Great Britain only via the OMED Health website. If you try to make a purchase using the Mobile App, the purchase option will automatically direct you to the OMED website.

Prior to purchasing your Device, you will be asked to submit the Fitness Declaration. You will then be directed to a shopping basket (on a Stripe payment page) with one Device already included in the basket by default, ready to be purchased.  If you wish to buy more than one Device, you will need to select the correct number of Devices from the scroll-down list.

Ordering additional products (tests and treatments). Following an initial assessment or diagnosis by a member of the OMED Medical Team, you may be recommended to purchase certain additional products as part of your Diagnosis and Treatment journey.  Where this has been recommended by the OMED Medical Team, you will receive an online link to place your order and make the purchase.

Booking the Consultation. Where you either request Consultation or one is recommended or offered by the OMED Medical Team for any reason, you will again receive an online link to a payment page, followed by a prompt to make the booking.

Prescriptions. If you require a medical prescription, this will be issued by your consultant within our OMED Medical Team (either with or without Consultation), and dispensed 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.

Care Hub access. Following your first Device purchase and once you (or the end-user, if you are purchasing Device for someone else) have registered the Mobile App account, you will obtain an automatic access to the Care Hub. You can access the Care Hub using the same log in details as those you use to access your Mobile App account.  The Care Hub will store our communications with you, including relevant test requests and results, details of your diagnosis and treatment plan(s).

Payments. All payments will be processed by Stripe. The following payment methods are currently accepted: Visa, Mastercard, American Express, Discover, Diners Club, JCB, China UnionPay, Apple Pay. We do not accept responsibility for any issues whatsoever that may concern or arise as a result of Stripe’s activities.

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, standard shipping cost, any prescription charges, duty, (where applicable) VAT at the applicable rate

Tax changes. If/where VAT is chargeable and the rate of VAT changes our prices will be adjusted accordingly.

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.

Order acceptance. Once you have completed your purchase, you will receive an automated confirmation to the email address provided, with your order number. A copy of these OMED Terms will be included in the footer of your booking confirmation, for your records. We will contact you again to confirm once the Device 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.

Sometimes we may reject orders. We may have to reject an order, for example, because the Device or any additional products are unexpectedly out of stock, or because you live outside of Great Britain and Diagnosis, Treatment or Appointments cannot be provided by us. When this happens, we let you know as soon as possible and refund any sums you might have paid.

We may make improvements to the OMED Product. From time to time, we might make minor technical adjustments and improvements to any aspect of the OMED Product, including for example but not limited to enhancements to the Device, 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 might have to suspend the supply of OMED Product. 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.

We might withdraw OMED Product. In some circumstances, we may stop providing any or all aspects of the Product for reasons that we may have little or no control over. We will let you know at least 14 days in advance and we will refund any sums you’ve paid in advance for products which won’t be provided.

Shipping and delivery. 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 working day (Monday to Friday, excluding Bank Holidays in England and Wales) will be shipped on the same day, or on the earliest next working 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 working days (excludes Bank Holidays in England and Wales and particularly busy periods, such as between 15 December and 6 January) of your purchase, please email our Customer Support Team for further assistance.

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 at which point you will be able to cancel your order, if you so decide. If you choose to continue then you will have agreed to our proposed delivery time.

Shipping and delivery (Pharmacy prescriptions). All prescriptions submitted to the Pharmacy before 4pm on a working day (Monday-Friday, excluding Bank Holidays in England and Wales) will be scheduled for either the same or next working day delivery by the Pharmacy to the recipient (end-user).  We do not accept responsibility for any delays or other issues relating to or concerning any prescriptions or their delivery to you.

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

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 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.

Your legal right to change your mind. You have a legal right to change your mind about your (unused) Device purchase, but you must let us know within 14 days of receipt of the Device in order to receive a refund (using the same payment method). 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 ANYTHING ELSE WITHIN THE OMED PRODUCT (e.g. TREATMENT, CONSULTATION).

To let us know you want to change your mind and return the Device, or you no longer wish to receive the App 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.

When you can’t return items because you have changed your mind.

• When you receive the 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.
• Cancellation rights do not apply to and we are not able to accept returns or offer refunds for any 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.

Device warranty. We offer a 12-month manufacturer’s warranty on the Device, 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.

Returns.  If you wish to return the Device, please send your request to support@omedhealth.com with your name and order number.  If you are returning a used Device, you will be also asked to fill out our Health Declaration Form with details of any sickness you may have had during the time you have used the Device. The relevant information will be assessed by our Customer Support Team who will determine whether we are able to accept the return. If accepted, you will be provided with an RMA number which you will need to make a note of and quote in your correspondence with us.

When you are returning the Device, please ensure it is sent in accordance with any instructions provided and in its original packaging to our registered address at the address below, using an established delivery service. You should keep a receipt or other evidence from the delivery service that proves you have sent it and when you sent it. If you don’t do this and we don’t receive the returned Device at all or within a reasonable time we might not be able to refund you.

Cost of returns. If you are returning the 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

Help with returns: support@omedhealth.com

Faulty product. If any aspect of our OMED Product 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.  We will assess the issue(s) raised and contact you with the outcome and proposed next steps within 2 working days (excluding Bank Holidays in England and Wales), having regard to our product warranty.

Performance concerns. If you are not satisfied with the performance of any aspect of our OMED Product,  your interaction with or advice received from any of our OMED Medical Team, or you no longer wish to continue using the OMED Product, 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.  We aim to respond to all queries within 2 working days and will confirm this in writing.

Cancelling your Consultation appointment. If you need to cancel your appointment with one of our OMED Medical Team, 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 a member of OMED Medical Team to assist you.

Refunds for bundled products. If you have purchased a bundled product which contains antibiotics (in conjunction with a short (20 mins) Consultation) but following your Consultation one of our healthcare professionals determines 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 you 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 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 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 Device from you. We will refund you by the method you used for payment. We don’t charge a fee for the refund.

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 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, 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.
• 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 the OMED Product at any point. We can only provide refunds where these Terms expressly state that a refund or other compensation may be due.

We use your personal (including health) data as set out in our OMED Health website Privacy Notice and Mobile App Privacy Notice

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 working days (Monday to Friday, 9am – 5pm, excluding Bank Holidays in England and Wales) 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. 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.

We can transfer our contract with you, so that a different organisation is responsible for supplying your product. 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 the OMED Product or any aspect of it, 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 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 App.

Nobody else has any rights under this contract. This contract is between you (either as the purchaser of the 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.