Skin Analytics LimitedTerms and Conditions of Business
Please read all these terms and conditions.
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, please get in touch here.
In particular, we draw your attention to the following key terms:
- You don’t need to sign these terms; they shall apply to you when you submit an order either directly or via your healthcare provider;
- We do not provide professional medical advice and we cannot guarantee the accuracy of any services or information provided by us;
- You are responsible for ensuring that any images provided by you to us are of sufficient quality to allow us to perform our services; and
- Our liability is capped at the value of any amounts you have paid to us for our services. We do not offer any warranties further than those implied by law.
1. Basis of Contract
1.1 We are Skin Analytics Limited (“we”, “our”, or “us”), a company registered in England under company number 07919560,with its registered office at Salisbury House, Station Road, Cambridge, CB1 2LA.1.1 We are Skin Analytics Limited (“we”, “our”, or “us”), a company registered in England under company number 07919560,with its registered office at Salisbury House, Station Road, Cambridge, CB1 2LA.
1.2 These terms and conditions (the “Agreement”) form the basis of the legal relationship between you and us under which we agree to provide you with a triage service to help you decide whether you need onward referral for moles you are concerned with (the “Services”).
1.3 This Agreement creates the contract between you and us (each a “party”, together the “parties”) for the Services. The terms of the Agreement shall bind the parties immediately upon us issuing you with a written acceptance (including by email) of your order for the Services, which may be placed directly or via your healthcare provider (the “Order”). You are deemed to have accepted the terms of this Agreement by placing an Order.
2. Supply of Services
2.1 We have various contracts in place with providers of healthcare, including but not limited to GPs and insurers (“Healthcare Providers”) in order to enable us to provide the Services to you.
2.2 The “Services” means any or all of:
2.2.2 the review of mole images by trained dermatologists (the “Dermatological Services”) which may include the delivery of a report created on the basis of such review (the “Report”); and
2.2.3 any iPhone or Android smartphone applications owned and provided by us in connection with the Website and Dermatological Services (the “Apps”).
2.3 The description of the Services on the Website, App, brochures or any form of advertisement does not constitute a contractual offer to sell the Services.
2.4 The following sets out the process by which Services are delivered by Healthcare Providers. The process in this clause are not intended to be legally binding but constitute a description of the way in which we intend to deliver the Services:
2.4.1 Your Healthcare Provider may either set up an assessment via the Website, or direct you on how to do so;
2.4.2 You will create an account via the Websites;
2.4.3 We will mail you a kit which allows you to use the App to capture images of your moles;
2.4.4 Our dermatologists will assess the image and recommend a care pathway which is delivered as a Report to you; and
2.4.5 You may be referred elsewhere by your Healthcare Provider for additional treatment if required.
3. Disclaimer of Services
3.1 The Services may include the provision of the Report, which shall include an assessment of your moles, and may help to identify any that require treatment.
3.2 The Services do not include a diagnosis of skin cancer nor any other form of diagnosis whatsoever. Our dermatologists analyse the moles via photos delivered by you or your Healthcare Provider and can help identify moles that might need further investigation. We cannot guarantee nor certify the accuracy of the Report nor any other part of the Services.
3.3 You are responsible for ensuring images uploaded are of sufficient quality. Failure to do so may result in the Services being less effective or unable to be performed. We are not responsible for any failure to deliver the Services caused by defects in the images provided by you or your Healthcare Provider.
3.4 If you receive a Report or other notification from us, highlighting a potential concern, you shall review any digital images provided. If, following your own review of the images, you are still concerned, you should always visit an independent medical professional for advice.
3.5 You understand and acknowledge that the Services are not intended to be a substitute for an in-person assessment by a dermatologist or a formal diagnosis, and you agree not to delay seeking medical advice or disregard medical advice you have received on the basis of the Services.
3.6 The Services are subject to availability.
4. Charges and Payment
4.1 In most cases, patients do not pay us directly for our Services. Should any be charges be owed by you to us for the Services, these shall be agreed separately in writing in advance. Circumstances in which we may require payment from you include, but are not limited to the following situations:
4.1.1 Your Healthcare Provider does not cover the entire payment for the Services;
4.1.2 You are required to provide a deposit in connection with the supply of equipment (which is otherwise not covered by your Healthcare Provider); or
4.1.3 You are otherwise directed to pay us directly by your Healthcare Provider.
5.1 We will use reasonable endeavours to perform the Services in all material respects. We reserve the right to make changes to the Services if deemed necessary by us for technical, safety, or legal reasons.
5.2 To the extent that any changes under Clause 5.1 materially affect the Services, we will notify you promptly and you shall have the right to cancel the contract by providing notice to us.
5.3 You agree to co-operate with us in all matters relating to the Services, including providing us and our authorised employees and representatives with such information and materials as we may require to perform the Services. Failure to do so entitles us to suspend or cancel the Services.
6. Limitation of Liability
6.1 Nothing in this Agreement shall limit or exclude our liability for:
6.1.1 death or personal injury caused by our negligence;
6.1.2 fraud or fraudulent misrepresentation; or
6.1.3 for any matter for which it would be illegal for us to exclude or to attempt to exclude our liability.
6.2 The Services are not to be used for commercial or business purposes, and are for personal use only. We shall therefore not be liable for any economic loss, loss of profits, loss of business, loss of revenue, loss of contract, loss or depletion of goodwill and/or business opportunity, loss of anticipated earnings or savings or like loss; wasted management, operational or other time (in each case whether direct or indirect). We shall not be liable for any unforeseeable, special, indirect or consequential losses.
6.3 Subject to clause 6.1 and 6.2, our total liability to you under or in connection with the Agreement or the Services more generally (whether in contract, tort, breach of statutory duty, restitution or otherwise) in respect of all and any loss or damage howsoever caused shall in no circumstances exceed any charges actually paid directly by you under Clause 4.
6.4 Except as set out in this Agreement, all warranties, other terms implied by statute or common law are, to the fullest extent permitted by law, excluded.
7. Confidentiality and Privacy
7.2 You agree that we may share information which you provide to us which may be confidential to you, with such of our employees, affiliates, subcontractors and advisors as are required by law or necessary for performing the Services.
8.1 Neither party shall be liable to the other for any failure to perform its obligations under this Agreement where such performance is delayed or prohibited by events that are beyond its reasonable control.
8.2 You may not assign nor subcontract your obligations under this Agreement without our prior written consent. We may assign, novate, and/or subcontract any or all of our obligations under this Agreement.
8.3 Any notice given under this Agreement must be in writing and may be delivered to the other party personally or sent by prepaid first-class post or e-mail.
8.4 This Agreement constitutes the entire agreement between the parties. If part of these Terms is invalid, illegal or unenforceable, that provision or part-provision shall be deemed deleted, and the validity and enforceability of the other provisions of the contract shall not be affected.
8.5 We have the right to revise and amend this Agreement from time to time.
8.6 Nothing in this Agreement creates a partnership, joint venture, or any kind of formal relationship between the parties.
8.7 A person who is not a party to this contract shall not have any rights under or in connection with it.
8.8 This Agreement is governed by English law and subject to the exclusive jurisdiction of the courts of England & Wales.