Skin Analytics Limited

Terms and Conditions of Business

1. Basis of Contract

  1. We are Skin Analytics Limited (we, our or us), a company registered in England under company number 07919560 and with our registered office at Salisbury House, Station Road, Cambridge, CB1 2LA.
  2. These terms and conditions (Terms) form the basis of the legal relationship between you and us under which we agree to provide you with a triage service to decide whether you need onward referral for moles you are concerned with (the Services).
  3. These Terms create the contract between us for the Services. They will become binding on you and us when we issue you with a written acceptance (including by email) of your order for the Services.
  4. You may also wish to review our Privacy Policy.

2. Supply of Services

The Services are provided to you by us thanks to a contract in place between us and various providers of healthcare such as GPs, Insurers and Pharmacies (Healthcare Providers).

The Services are comprised of:

  1. The website skin-analytics.com (Website);
  2. The iPhone or Android smartphone application (App); and
  3. The provision of review of mole images by trained dermatologists (Dermatologists).

The Services provided to you depend on your Healthcare Provider:

In person GP appointments:

  1. You visit your Healthcare Provider who will set up an assessment in our Website and use our App to capture images of your moles;
  2. Our dermatologists will assess the image and recommend a care pathway which is delivered as a report to your Healthcare Provider; and
  3. Your Healthcare Provider will arrange for your onward care as appropriate.

Remote GPs / Insurers:

  1. Your Healthcare Provider will either set up an assessment in our Website, or direct you on how to do so;
  2. You will create an account on our Website;
  3. We will mail you a kit which allows you to use our App to capture images of your moles;
  4. Our dermatologists will assess the image and recommend a care pathway which is delivered as a report to you; and
  5. You will be referred on for additional treatment if required.

Pharmacies:

  1. You visit your Healthcare Provider who will set up an assessment in our Website and use our App to capture images of your moles;
  2. Our dermatologists will assess the image and recommend a care pathway which is delivered as a report to you; and
  3. You are responsible for taking the actions recommended in this report.

3. Disclaimer of Services

  1. The Service provides you with an assessment of the moles you’re worried about, and can help to identify any that might be suspicious.
  2. The Service doesn’t provide a diagnosis of skin cancer, but our dermatologists analyse the moles and can help identify any suspicious moles that might need further investigation.
  3. You are responsible for ensuring images uploaded are of good quality. Failure to do so may result in the Services being less effective.
  4. Our ability to provide the Services effectively may be compromised where you upload images containing raised lesions, where lesions are obscured by large amounts of hair or where there is not a reasonable level of contrast between the colour of a lesion and your normal skin tone.
  5. Where you receive an email notification of a potential change from us, you are advised to review your digital images on the basis that the technology we may use may have alerted you in error. If, following your own review of the images, you are still concerned, you should always visit an independent medical professional for advice. The Services are not a substitute for a visit to a medical professional, and you should not delay seeking medical advice or disregard medical advice you have received on the basis of the Services.

4. Charges and Payment

Charges and payment terms for our Services are generally set out in our contract with your Healthcare Provider. In most cases, patients do not pay us directly for our Services. However, in certain circumstances, you may be required to pay us directly in connection with the provision of our Services, including if:

  1. Your Healthcare Provider does not cover the entire payment for our Services;
  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
  3. You are otherwise directed to do so by your Healthcare Provider.

In these circumstances, we will separately identify any charges payable by you directly to us in connection with the provision of our Services.      

5. Obligations

  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 required for technical or legal reasons, provided that such changes do not materially affect the Services.
  2. If changes are required which materially affect the Services, we will notify you promptly and you will have the ability to cancel the contract.
  3. You will co-operate with us in all matters relating to the Services, provide us with such information and materials as we may require to perform the Services.

6. Limitation of Liability

Nothing in these Terms shall limit or exclude our liability for:

  1. death or personal injury caused by our negligence;
  2. fraud or fraudulent misrepresentation; or
  3. for any matter for which it would be illegal for us to exclude or to attempt to exclude our liability.

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. We shall not be liable for any unforeseeable, special, indirect or consequential losses.

Our total liability under or in connection with these Terms or the Services (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 the Fees actually paid by you to which the loss relates.

Except as set out in these Terms, all warranties, other terms implied by statute or common law are, to the fullest extent permitted by law, excluded.

7. General

  1. Neither party shall be liable to the other for any failure to perform its obligations under these Terms where such performance is delayed or prohibited by events that are beyond its reasonable control.
  2. Neither party may assign its obligations under these Terms without the other’s consent.
  3. Any notice given under these Terms shall be in writing and shall be delivered to the other party personally or sent by prepaid first-class post or e-mail.
  4. These Terms constitute 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.
  5. We have the right to revise and amend these terms and conditions from time to time.
  6. Nothing in these Terms creates a partnership or joint venture of any kind between the parties.
  7. A person who is not a party to this contract shall not have any rights under or in connection with it.
  8. These Terms are governed by English law and subject to the exclusive jurisdiction of the courts of England.
  9. The Privacy Policy shall survive termination of the contract between us.