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Terms and Conditions

Terms and Conditions

General

We have taken every care in the preparation of the content of this website, however we cannot guarantee uninterrupted and totally reliable access to this website, and so therefore cannot guarantee that the information will always be completely up to date and free of mistakes. To the extent permitted by applicable law, Breathe360 disclaim all warranties; express or implied, as to the accuracy of the information contained in any of the materials on this website and will accept no liability for any loss or damage arising as a result of problems with access.

Breathe360 shall not be liable to any person for any loss or damage, which may arise from the use of any of the information contained in any of the materials on this website.

Certain (hypertext) links in this site may lead to other websites, which are not under the control of Breathe360. When you activate any of these you will leave the shop.breathe360.uk website and breathe360 has no control over and will accept no responsibility or liability for the material on any website which is not under the control of Breathe360.

We may make software owned or operated by third-party companies available to you . You must only use this software in accordance with the terms and conditions imposed by the third-party provider.

The exclusions of liability set out in these terms and conditions shall not apply to any damages arising from death or personal injury caused by the negligence of Breathe360, or any of their employees or agents.

These terms and conditions shall be governed by and construed in accordance with English Law. If any provision of these terms and conditions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

Breathe360 reserves the right to alter these terms and conditions from time to time by posting new terms and conditions on this website.

Licence for using our information

You are permitted to print and download extracts from our website for your own use only (and on no account for commercial purpose), provided that

  • you do not modify any documents or their related graphics in any way;
  • you do not use graphics separately from corresponding text; and
  • Our logo shall appear with all copies printed and downloaded.

This licence does not extend to the commercial use of our website, any collection or use of any product listings, descriptions of our products or services, our pricing or any access to, and downloading of details of any third party who may be identified from any of the contents of our website.

You are granted a non-exclusive and revocable licence to create a hyperlink to our home page. Your hyperlink must not portray Breathe360, our products and services, our agents, associates and affiliates in an offensive manner, or be misleading or false. You may not use our trademarks as part of your link without our written agreement for you to do so.

You acknowledge that Breathe360 may terminate or suspend your right to use this website if you breach, or if Breathe360 has reasonable grounds to suspect that you have breached, the provisions of these Terms of Use.

Your use of the Breathe360 Website

Apart from your personal information, which is covered by our Privacy Policy any other material that you may post to our website will be considered non-confidential and non-proprietary. Breathe360 shall have no obligations with regard to such material. Breathe360 shall be free to copy, disclose, distribute, incorporate and use this material and all things embedded in it for its own commercial and non-commercial purposes.

When you use our website, you may not use it in any way that may be technically harmful (such as infecting it with computer viruses, logic bombs, Trojan horses, worms or any other harmful components, corrupted data, malicious or harmful software).

You may not use our website for any fraudulent or illegal purpose or in connection with a criminal offence.

You may not post or transmit material to, from or through our website that may be threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial or religious hatred, discriminatory, scandalous, inflammatory, blasphemous or that may infringe the rights of any third party.


You may not cause annoyance or inconvenience to any person by using our website.
Breathe360 shall co-operate with any law enforcement authorities or court order requesting or directing to disclose the identity or locate anyone posting any material in breach of any of these provisions.

Completing Forms on the Breathe360 website

If you choose to provide us with information via a form on the Breathe360 website we will use that information only to complete the request specified by that form, or to update you regarding similar products and services to those purchased.

  • If you choose to complete any Breathe360 forms, we will collect your information by an automated process.
  • We will not share your information with any external third party, other than our direct partners. This is simply to provide a better service for using our products and services. 
  • We do not create individual profiles with the information that you have provided.
  • We will retain the information provided by you only for so long as is reasonably appropriate under the Data Protection Act 1998.

Purchasing of Floré, HealthPath, NES

Sample Testing and submission of your data to Sun Genomics Portal

We Breathe360 exclusively distribute and request you agree to register and provide your details on the online portal maintained and operated by Sun Genomics: portal.sungenomics.com, HealthPath and NES

You agree and understand Breathe360 is not responsible for any information or services provided by you to our 3rd party companies.

We offer Products that include an opportunity for you to submit various samples which may include one or more of stool, blood, saliva, cheek swab, and/or urine, using test kits provided by nominated 3rd party company (hereinafter, “Sample”). ANY SAMPLE, ONCE SUBMITTED IS ANALYSED AND PROCESSED IN AN IRREVERSIBLE MANNER AND NO SUCH SAMPLE MAY BE RETURNED TO YOU AFTER SUBMISSION. FURTHERMORE, NO REFUND WILL BE GIVEN ONCE A USER’S SAMPLE HAS BEEN SENT FOR SEQUENCING.

You understand and agree that you transfer and assign all right and title to that Sample after submission of the same and the information derived there is property of nominated 3rd party company and/or its assignees.

You can opt out and will be entitled to a full refund if you choose not to use your test kit and register on the Sun Genomic Portal or Health Path portal. To do this simply email: shop@breathe360.uk with your order details.

Nominated 3rd party company may not be able to process your Sample and the laboratory process may result in errors. The laboratory may not be able to process your Sample if your Sample does not contain a sufficient volume of DNA, or Stool, you do not provide enough of a Sample, or the results from processing do not meet our standards for accuracy. If the initial processing fails for any of these reasons, the company will reprocess the same Sample at no charge to the user. If the second attempt to process the same Sample fails, Breathe360 on the behalf of Sun Genomics or Healthpath will offer to send another kit to the user to collect a second Sample at no charge. If the user sends another Sample and the company attempts to process the second Sample are unsuccessful, (up to 0.35% of all Samples fail the second attempt at testing according to their data obtained in 2014 for all genotype testing), the company will not send additional Sample collection kits and the user will be entitled solely and exclusively to a partial or complete refund of the amount paid, at the discretion of Breathe360. We may entitle you to a refund less shipping and handling, provided the user shall not resubmit another sample through a future purchase of the Service.

You should not expect nor are you entitled to any financial benefit as a result of submission of your Sample. You understand that by providing any Sample, having your Sample processed, accessing your Sample, or providing any self-reported information that you have done so voluntarily and that you acquire no rights in any research or commercial products that may be developed by our partners or its collaborating partners. You specifically understand that you will not receive compensation for any research or commercial products that include or result from your Sample or information you provide to our 3rd party companies.

Copyright Statement

All content within our website and software, passwords and code used or supplied in connection with its operation is the property of Breathe360 or its licensors unless stated otherwise. You expressly agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of this website or connected Breathe360 websites or content, products or service made available via those sites.

Disclaimer

While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.

Users should seek appropriate advice before proceeding on the basis of any information.

Privacy Policy

What information do we collect?
We collect your name, email address, address, phone number etc. for admin and marketing purposes which will be done according to your wishes and in accordance with the law. At times we may ask to collect more information, we will ask for your approval before doing so and give you the choice to opt-in or out in accordance with the law.

We also collect information about our users by the use of cookies. Please see below for more information about cookies.

The information we collect is used for the following purposes:

  • To fulfil orders;
  • To collate statistical information about our website;
  • To provide our customers with a better service and products
  • To deliver our customers a better user experience

Cookies

Cookies are small pieces of information that are stored by your browser on your computer’s hard drive. We use cookies to identify registered users automatically when they log on and also to track users as they travel through the system. You can set up your browser to reject cookies but you should be aware that this could limit your ability to use certain features on our site.

For more information on cookies, how to enable or disable cookies on your computer, how they are used and how to delete them please visit www.allaboutcookies.org/cookies/.

If you disable cookies you will not be able to log in to the site or add an item from the Nouveau Healthcare Store to your basket.

Credit Card Details

No credit card details are stored by Breathe360 and we don’t share or lease them with any third party under any circumstances.

Information gathered by us when you browse the Breathe360 website

Although we will do all that we reasonably can to ensure that availability of our website will be uninterrupted and error free, we cannot guarantee this due to the nature of the internet. The website may also be down from time to time to allow us to maintain or repair it, or to change the services that we offer.

When you visit the www.shop.breathe360.uk website to browse information that it contains, you do so anonymously unless you choose to provide us with information about yourself. If you do nothing during your visit but browse through the web site – reading pages, viewing images, for example – we will gather and store certain information about your visit automatically. This information does not identify you personally.

Information gathered automatically is used for only two purposes: site management and, in the case of suspected unauthorised activity, for law enforcement and possible criminal prosecution (see Your Use of the Nouveau Healthcare Website in our Terms and Conditions).

The Breathe360 website automatically logs visitor information from which summary statistics are created. We use the summary statistics to help us make our site more useful to visitors, such as assessing what information is of most interest to visitors, as well as for other purposes such as determining the site’s technical design specifications and identifying system performance or problem areas.

The following are representative of the types of information automatically collected and stored about your visit:

  • the internet domain and Internet Protocol (IP) address from which you access our website;
  • the type of internet browser and the operating system of the computer you use to access our website;
  • the date and time of your visit;
  • the pages you visit on our website;
  • if you linked to our website from another one, the address of the other website;
  • and, if you linked to our website from a search website, the address of that website and the search term you used.

We will not pass any information to any party outside Breathe360. Although we reserve the right to pass your details to law enforcement agencies if required to do so by applicable law.

If the ownership of Breathe360 is changed, or the assets of Breathe360 are sold we reserve the right to pass your details to the new purchaser, subject to notifying you of this as soon as is reasonably possible in the case of an asset sale.

Changes to our privacy policy

Any changes to our privacy policy will be posted here although we may choose to email you directly or direct you to an updated policy when you visit our site if the changes are significant.