Lindus Health Terms and conditions
This page (together with the documents referred to on or in it) tells you information about us and the legal terms and conditions (Terms) on which you take part in a study, test or research project (Activity) which is run by researchers (Researchers), through our website.
Please read these Terms carefully and make sure that you understand them before participating in an Activity.
We amend these Terms from time to time as set out in clause 6. Please check these terms every time you wish to participate in an Activity to ensure you understand the terms which will apply at that time.
1. Information about us
1.1 This website is operated by Lindus Health Limited (“Company”, “we”, “our”, “us”), a company registered in England and Wales under company number XYZXYZ and our registered office address is at 17 Bickenhall Mansions, Bickenhall Street, W1U 6BX
1.2 To contact us, please email firstname.lastname@example.org
2. Participating in an Activity
2.1 We act as an intermediary between Researchers who need data for an Activity, and individuals like you who supply the data for that Activity.
2.2 You may only take part in an Activity if you are at least 18 years old.
2.3 Any samples, drawings, descriptive matter, advertising or illustrations on our site are for the sole purpose of giving an approximate idea of the Activities. They shall not form part of our contract with you or have any contractual force.
3. Fee for the Activity
3.1 You may receive a fee from the Researchers in consideration of your participation in an Activity (Fee). The amount of the Fee will be notified to you when the Activity is first advertised on our website, and before you agree to participate in the Activity. Agreeing to accept payment of a fee in return for participation in research constitutes a Contract with us.
3.2 We will issue the Fee to you as soon as possible and within at most 28 days after the Activity has concluded.
3.3 Please note that we act as an intermediary between the Researchers and you. We are therefore not responsible or liable towards you for any acts or omissions of the Researchers.
4. Your obligations
4.1 You shall:
4.1.1 cooperate with us in all matters relating to the Activity you have chosen to participate in;
4.1.2 provide us with such information, samples and materials as we may reasonably require so that you can take part in the Activity, and ensure that such information is accurate in all material respects; and
4.1.3 keep and maintain all materials, documents and other property of ours in safe custody and in good condition until returned to us and not dispose of or use them other than in accordance with our instructions.
4.2 If our performance of any of our obligations under this Contract is prevented or delayed by any act or omission by you or failure by you to perform any relevant obligation (Your Default) we shall have the right to suspend your participation in the Activity until you remedy Your Default, and to rely on Your Default to relieve us from the performance of our obligations to the extent that Your Default prevents or delays our performance of any of our obligations.
5. How we use your personal information
5.1 For the purposes of this clause, for non UK users Personal Data shall have the meaning set out in the EU’s General Data Protection Regulation (GDPR):
“any information relating to an identified or identifiable natural person ('data subject'); an
identifiable natural person is one who can be identified, directly or indirectly, in particular
by reference to an identifier such as a name, an identification number, location data, an
online identifier or to one or more factors specific to the physical, physiological, genetic,
mental, economic, cultural or social identity of that natural person”. This does not include anonymised data, defined under the EU’s GDPR as: “data rendered anonymous in such a way that the data subject is not or no longer identifiable”.
For the purposes of this clause for UK users, Personal Data shall have the meaning set out in the UK’s Data Protection Act 2018 (DPA): “any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person”. This does not include anonymised data, defined under UK’s GDPR as “information which does not relate to an identified or identifiable natural person or to personal data rendered anonymous in such a manner that the data subject is not or no longer identifiable”.
5.2 We will collect your Personal Data when:
5.2.1 you create an account with us;
5.2.2 submit information in connection with participation in research
5.3 Our lawful basis for processing your Personal Data is:
5.3.1 your explicit consent, in respect of the Personal Data submitted when requesting to partake in research
5.4 In order for us to comply with your request to partake in an Activity, we may be required to share your Personal Data with third parties responsible for genetic testing, induced pluripotent stem cell induction, or the Researcher responsible for the Activity.
5.6 We will retain all results and other information for up to 20 years from the date of production before destroying them securely.
5.7 If you have any questions about how we handle your personal data, please contact us at email@example.com
6. Our right to vary these terms
6.1 We may revise these Terms from time to time in the following circumstances:
6.1.1 changes in how we accept payment from you; and
6.1.2 changes in relevant laws and regulatory requirements.
6.2 Whenever we revise these Terms in accordance with this clause 8, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of them.
7. Your rights as a consumer
7.1 For any further information about your rights as a consumer, please visit the Citizens Advice website: https://www.citizensadvice.org.uk/.
8. Our liability towards you
8.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
8.2 We do not in any way exclude or limit our liability for:
8.3 death or personal injury caused by our negligence;
8.4 fraud or fraudulent misrepresentation; and
8.5 any terms which cannot be excluded under applicable law.
9. Force Majeure
9.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by a Force Majeure Event. A Force Majeure Event is defined below in clause 12.2.
9.2 A Force Majeure Event means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
9.3 If a Force Majeure Event takes place that affects the performance of our obligations under a Contract:
9.3.1 we will contact you as soon as reasonably possible to notify you; and
9.3.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Force Majeure Event.
10. Communications between us
13.1 When we refer, in these Terms, to "in writing", this will include e-mail.
10.2 If you wish to contact us in writing, you can send this to us by e-mail or by pre-paid post to firstname.lastname@example.org
10.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
11. Other important terms
11.1 We may transfer our rights and obligations to another organisation, but this will not affect your rights or our obligations under these Terms.
11.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
11.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
11.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
11.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
11.6 These Terms are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
Model Cancellation Form
(Complete and return this form only if you wish to withdraw from the contract)
To Lindus Health Limited
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s), Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate