Website terms

These Terms and Conditions, together with any and all other documents referred to herein, set out the terms of use under which you may use this website, www.biofamily.com (“Our Site”). Please read these Terms and Conditions carefully and ensure that you understand them. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of Our Site. If you do not agree to comply with and be bound by these Terms and Conditions, you must stop using Our Site immediately.

Definitions and Interpretation

In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Content”
means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;
“We/Us/Our”
means Biovault Technical Ltd trading as Biovault Family a company registered in England under 08323531, whose registered address and main trading address is 24 Brest Road, Derriford, Plymouth, Devon, PL6 5XP.

Information About Us

Our Site, www.biovaultfamily.com, is owned and operated by Biovault Technical Ltd trading as Biovault Family a limited company registered in England under 08323531, whose registered address and main trading address is 24 Brest Road, Derriford, Plymouth, Devon, PL6 5XP. Our VAT number is 153164429.

We are regulated by the Human Tissue Authority. Licence Number 11063.

Access to Our Site

Access to Our Site is free of charge.

It is your responsibility to make any and all arrangements necessary in order to access Our Site.

Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

Intellectual Property Rights

All Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.

You may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Site unless given express written permission to do so by Us.

You may:

  • Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);
  • Download Our Site (or any part of it) for caching;
  • Print any page from Our Site;
  • Download extracts from pages on Our Site; and
  • Save pages from Our Site for later and/or offline viewing.

Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.

You may not use any Content saved or downloaded from Our Site for commercial purposes without first obtaining permission from Us (or our licensors, as appropriate) to do so. This does not prohibit the normal access, viewing and use of Our Site for general information purposes whether by business users or consumers.

Nothing in these Terms and Conditions limits or excludes the provisions of Chapter III of the Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.

The framing, mirroring, scraping or data-mining of this website in any form and by any method is strictly prohibited.

Links to Other Sites

Through Our website you are able to link to other websites which are not under Our control or the control of any associated brand. We have no control over the nature, content or availability of those sites. The inclusion of a link does not necessarily imply a recommendation or endorse the views expressed within them.

Disclaimer

The content on Our site does not constitute advice on which you should rely. It is provided for general information purposes only. Professional or specialist advice should be sought where necessary before taking any action relating to the services offered.

We make reasonable efforts to ensure that the content on Our site is complete, accurate and up to date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the content is complete, accurate or up to date.

Every effort is made to keep the website up and running smoothly. However, We take no responsibility for and will not be liable for the website being temporarily unavailable due to technical issues beyond Our control.

Our Liability

To the fullest extent permissible by law, We accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content included on Our Site.

To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content included on Our Site.

We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.

Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

Subject to the above clauses Our liability for losses you suffer as a result of breaching these Website Terms and Conditions of Use is strictly limited to direct losses only and shall in no circumstances exceed the purchase price of the Goods or Service (as applicable) you purchase.

Privacy and Cookies

Use of Our Site is also governed by Our Cookie and Privacy Policies, details of which can be read via Our Privacy Policy. These policies are incorporated into these Terms and Conditions by this reference.

Changes to these Terms and Conditions We may alter these Terms and Conditions at any time. Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented. You are therefore advised to check this page from time to time.

In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.

Contacting Us

To contact Us, please email Us at [email protected] or using any of the methods provided on the Contact page of our website.

Data Protection

All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.

For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy.

Law and Jurisdiction

These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.

If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in this clause above takes away or reduces your rights as a consumer to rely on those provisions.

If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.

Customer terms

These Terms of Supply, together with any and all other documents referred to herein, set out the terms under which Services are provided by Us through this website, www.biovaultfamily.com (“Our Site”). Please read these Terms of Sale carefully and ensure that you understand them before ordering any Services from Our Site. These terms should be read in conjunction with the Contract and Consent prior to proceeding with the purchase of services. These Terms of Sale, as well as any and all Contracts within the site are in the English language only. However documents in other languages are available on request.

Definitions and Interpretation

In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:

“Contract”
means a contract for the provision of Services; “Order” means your order for the Services;
“Order Confirmation”
means our acceptance and confirmation of your Order;
“Services”
means the services which are to be provided by Us to you as specified in your Order (and confirmed by Us); and
“We/Us/Our”
means Biovault Technical Ltd trading as Biovault Family , a company registered in England under 08323531, whose registered address and main trading address is 24 Brest Road, Derriford, Plymouth, Devon, PL6 5XP.

Information About Us

Our Site, at 24 Brest Road, Derriford, Plymouth, Devon, PL6 5XP, is owned and operated by Biovault Technical Ltd a limited company registered in England under 08323531, whose registered and trading address 24 Brest Road, Derriford, Plymouth, Devon PL6 5XP. Our VAT number is 153164429.

We are regulated by the Human Tissue Authority, Licence Number 11063.

Access to and Use of Our Site

It is your responsibility to make any and all arrangements necessary in order to access Our Site. Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

Use of Our Site is subject to our Website Terms of Use. Please ensure that you have read them carefully and that you understand them.

Age Restrictions

Consumers may only purchase Services through Our Site if they are at least 18 years of age. You warrant that by placing an order for Our services that you meet the age restriction and that any order is legally binding.

Services, Pricing and Availability

We make all reasonable efforts to ensure that all general descriptions of the Services available from Us correspond to the actual Services that will be provided to you, however please note that the exact nature of the Services may vary depending upon your individual requirements and circumstances.

You will be required to select the required Service package and you will be required to fill in Our online forms prior to making payment for the collection kit to be dispatched and for the phlebotomy service if required. Once an order has been placed you will receive confirmation from Us acknowledging such order. Please note that this does not mean that your order has been accepted. All orders are subject to acceptance and we will confirm your order with you once the completed online forms have been reviewed. You will be contacted by our Customer Advisor in order to complete an informed consent procedure and to arrange for a collection kit to be sent to you.

We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. Changes in price will not affect any Order that you have already placed prior to the change taking place.

All prices are checked by Us when We process your Order. In the unlikely event that We have shown incorrect pricing information, We will contact you in writing before proceeding with your Order to inform you of the mistake and to ask you how you wish to proceed. We will give you the option to purchase the Services at the correct price or to cancel your Order. We will not proceed with processing your Order until you respond.

All prices on Our Site include VAT. If the VAT rate changes between your order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.

Payment

Payment for the Services will be due in the form of an advance payment of £160 for the collection kit and £300 for the phlebotomist if required. We accept the following methods of payment on Our Site for payment of the collection kit and phlebotomist:

  • VISA Debit
  • Credit Card
  • Electron
  • Paypal

We do not charge any additional fees for any of the payment methods listed above.

We cannot accept payment by AMEX.

We will invoice you for the remaining sums due on or after the completion of the Services but prior to releasing the certificate of storage. Once final payment is made your Certificate of Storage will be sent to you for your records. Payment in respect of the final payment can be made by BAC’s transfer or card payment. At present final payment cannot be undertaken through Our website.

If you do not make any payment to Us by the due date as shown on your final invoice We reserve the right to charge you interest on the overdue sum at the rate indicated on your invoice. Interest will accrue on a daily basis from the due date for payment until the actual date of payment of the overdue sum, whether before or after judgment. You must pay any interest due when paying an overdue sum.

The provisions of the above clause will not apply if you have promptly contacted Us to dispute an invoice in good faith. No interest will accrue while such a dispute is ongoing.

Collection Kit Delivery

Next Day Delivery

Cost

Next Day Delivery – Free

Delivery Time

Sent via courier on next day service

Kit going to the requested residential address in UK mainland only

Details

Your delivery will be fully trackable online. For additional information regarding this service please call 01752 753723.

Same Day Delivery

Cost

Quoted on request

Delivery Time

Sent via courier on same day service

Kit going to requested residential address in UK mainland only

Details

Your delivery will be fully trackable online. For additional information regarding this service please call 01752 753723.

Provision of the Services

As required by law, We will provide the Services with reasonable skill and care, consistent with best practices and standards in the industry, and in accordance with any information provided by Us about the Services and about Us. Please note that if you request that the Services begin within the legal 14 calendar day cancellation (or “cooling off”) period, your right to cancel may be limited or lost.

Your Legal Right to Cancel (Cooling Off Period)

If you are a consumer in the UK or European Union, you have a legal right to a “cooling off” period within which you can cancel the Contract for any reason. This period begins once your Order is accepted and We have sent you an Order Confirmation, i.e. when the Contract between you and Us is formed. The period ends at the end of 14 calendar days after that date.

If you wish to exercise your right to cancel, you must inform Us of your decision within the cooling off period. You may do so in any way you wish., Cancellation by email or by post is effective from the date on which you send Us your message. Please note that the cooling off period lasts for whole calendar days. If, for example, you send Us an email or letter by 23:59 on the final day of the cooling off period, your cancellation will be valid and accepted. If you would prefer to contact Us directly to cancel, please use the following details:

  • Telephone: 01752 753723
  • Email: [email protected]
  • Post: 24 Brest Road, Derriford, Plymouth Devon PL6 5XP

As specified above, if the Services are to begin within the cooling off period you are required to make an express request to that effect. This request forms a normal part of the order process. By requesting that the Services begin within the 14 calendar day cooling off period you acknowledge and agree to the following:

If the Services are fully performed within the 14 calendar day cooling off period, you will lose your right to cancel after the Services are complete. If you cancel after provision of the Services has begun but is not yet complete you will still be required to pay for the Services provided up until the point at which you inform Us that you wish to cancel. To meet the cancellation deadline, you must send communication to cancel the service prior to the collection kit being sent. Where applicable, and if the collection kit has not already been sent, a refund of your deposit will be issued within 14 working days after you inform Us that you wish to cancel. Refunds will be made using the same payment method you used when ordering the Services unless you specifically request that We make a refund using a different method. Please note that the phlebotomist fee cannot be refunded as the service is deemed to have started as soon as they are notified that the service has commenced regardless of whether a kit has been despatched or not.

Please note that you cannot cancel the collection kit order for the provision of the service if despatch and /or delivery has already commenced upon your request and you acknowledgement that you thereby lose your cancellation right and no refund will be given.

Problems with the Services and Your Legal Rights

We always use reasonable endeavours to ensure that Our Services are trouble-free. If, however, there is a problem with the Services please contact Us as soon as is reasonable possible via [email protected] or by phoning us on 01752 753723.

We will use reasonable endeavours to remedy problems with the Services as quickly as is reasonably possible and practical.

Our Liability

To the fullest extent permissible by law, We accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content included on Our Site.

To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content included on Our Site.

We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.

Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

Subject to the above clauses Our liability for losses you suffer as a result of breaching these Website Terms and Conditions of Use is strictly limited to direct losses only and shall in no circumstances exceed the purchase price of the Goods or Service (as applicable) you purchase.

Events Outside of Our Control (Force Majeure)

We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action by third parties, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic or other natural disaster, or any other event that is beyond Our reasonable control.

We will use Our reasonable endeavours to bring any Force Majeure event to a close or to find a suitable solution by which Our obligations under the contract can be performed despite the Force Majeure event.

Complaints and Feedback

We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.

If you wish to complain about any aspect of your dealings with Us, please contact Us in one of the following ways:

  • By email, addressed to [email protected]; or
  • By contacting Us by telephone on 01752 753723

How We Use Your Personal Information (Data Protection)

All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.

For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy.

We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms of Sale will not be affected and Our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.

You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission.

The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.

Law and Jurisdiction

These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.

Privacy policy

Who are we

We are Biovault Family and can be contacted on the below contact details:

  • Email: [email protected]
  • Telephone: 01752 753 723
  • Address: Plymouth International Medical & Technology Park, 24 Brest Road, Derriford, Plymouth, PL6 5XP.

Why do we collect and use your personal information

We collect personal information that you may submit to us such as names, date of birth, email address, physical address, telephone contact numbers and IP addresses. We will use personal information such as names, date of birth, email address, physical address, telephone contact numbers to contact you and discuss our products and services and/or to perform a specific engagement. We use your IP address to track the geolocation of individuals that view our website.

We collect personal data and data concerning health in the provision of our clinical tissue banking services.

We also use your personal information, namely your contact details, to transmit promotional email communications of some of our services that you may be interested in.

What happens if I do not provide my personal information

We need your personal information in order to provide our service to you. If we do not collect your personal information we will not be able to provide our services to you.

Who will we share your personal information with

Personal information will only be passed on to organisations working under instruction and agreements with Biovault such as licenced testing facilities, courier companies and our partner phlebotomy company who are directly involved in offering the service. Information will only be passed to another party with your permission, for example in the case of release of the cord blood and/or cord tissue.

We may also share your personal information with third parties such as the Human Tissue Authority (HTA) where we are required to do so by law.

How long will we store your personal information​

We will store your personal information for up to thirty years from ceasing to be our client or the tissue being used for clinical application. This is a Regulatory Requirement and we must adhere to this in order to provide the service.

What are your rights in relation to your personal information

Right to access 

You have the right to request copies of the personal information we hold about you at any time.

Right to rectification

You have the right to request that we correct any inaccurate personal information we hold about you.

Right to erasure

You have the right to request that we delete your personal information from our records.

Please note that we will store your personal information for up to 10 years after disposal of the cord blood and/or cord tissue.  You understand that if the cord blood stem cells are required for medical application the data including your personal data will, in accordance with the law, be held for 30 years post use and that even if you withdraw your consent Biovault must continue to hold that data.

Right to restrict processing

You have the right to request that we restrict how we use your personal information.

Right to object

You have the right to object to the collection and use of your personal information at any time.

Right to data portability

You have the right to obtain a copy of your personal information in a legible and compatible format such as Excel or Word.

How can I exercise my rights in relation to my personal information

You can exercise all of your rights by contacting us on any of the above contact details.

How do I lodge a complaint about the use of my personal information

You can lodge a complaint with us directly by contacting us on one of the above contact details.

You also have the right to lodge a complaint directly with the Information Commissioner’s Office (ICO). The ICO are the regulator who makes sure that we use your personal information in a lawful way.

You can lodge a complaint with the ICO by following this link https://ico.org.uk/concerns/ or calling the ICO on 0303 123 1113.

Cookie Policy

This website www.biovaultfamily.com (“Our Site”) uses Cookies and similar technologies in order to distinguish you from other users. By using Cookies, We are able to provide you with a better experience and to improve Our Site by better understanding how you use it. Please read this Cookie Policy carefully and ensure that you understand it. Your acceptance of Our Cookie Policy is deemed to occur if you continue using Our Site. If you do not agree to Our Cookie Policy, please stop using Our Site immediately.

Definitions and Interpretation

In this Cookie Policy, unless the context otherwise requires, the following expressions have the following meanings:

“Cookie”
means a small file placed on your computer or device by Our Site when you visit certain parts of Our Site and/or when you use certain features of Our Site;
“Cookie Law”
means the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003 and of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”);
“personal data”
means any and all data that relates to an identifiable person who can be directly or indirectly identified from that data, as defined by EU Regulation 2016/679 General Data Protection Regulation (“GDPR”);

How Does Our Site Use Cookies?

Our Site may place and access certain first party Cookies on your computer or device. First party Cookies are those placed directly by Us and are used only by Us. We use Cookies to facilitate and improve your experience of Our Site and to provide and improve Our services. We have carefully chosen these Cookies and have taken steps to ensure that your privacy and personal data is protected and respected at all times.

Our service providers also use Cookies and those Cookies may be stored on your computer or device when you visit our website.

All Cookies used by and on Our Site are used in accordance with current Cookie Law. We may use some or all of the following types of Cookie:

  • Strictly Necessary Cookies
    A Cookie falls into this category if it is essential to the operation of Our Site, supporting functions such as logging in, your shopping basket, and payment transactions.
  • Analytics Cookies
    It is important for Us to understand how you use Our Site, for example, how efficiently you are able to navigate around it, and what features you use. Analytics Cookies enable us to gather this information, helping Us to improve Our Site and your experience of it.
  • Functionality Cookies
    Functionality Cookies enable Us to provide additional functions to you on Our Site such as personalisation and remembering your saved preferences. Some functionality Cookies may also be strictly necessary Cookies, but not all necessarily fall into that category.
  • Targeting Cookies
    It is important for Us to know when and how often you visit Our Site, and which parts of it you have used (including which pages you have visited and which links you have visited). As with analytics Cookies, this information helps us to better understand you and, in turn, to make Our Site and advertising more relevant to your interests.
  • Persistent Cookies
    Any of the above types of Cookie may be a persistent Cookie. Persistent Cookies are those which remain on your computer or device for a predetermined period and are activated each time you visit Our Site.
  • Session Cookies
    Any of the above types of Cookie may be a session Cookie. Session Cookies are temporary and only remain on your computer or device from the point at which you visit Our Site until you close your browser. Session Cookies are deleted when you close your browser.

Consent and Control

Before Cookies are placed on your computer or device, you will be shown a pop-up requesting your consent to set those Cookies. By giving your consent to the placing of Cookies you are enabling Us to provide the best possible experience and service to you. You may, if you wish, deny consent to the placing of Cookies; however certain features of Our Site may not function fully or as intended.

In addition to the controls that We provide, you can choose to enable or disable Cookies in your internet browser. Most internet browsers also enable you to choose whether you wish to disable all Cookies or only third party Cookies. By default, most internet browsers accept Cookies but this can be changed. For further details, please consult the help menu in your internet browser or the documentation that came with your device.

The links below provide instructions on how to control Cookies in all mainstream browsers:

Changes to this Cookie Policy

We may alter this Cookie Policy at any time. [If We do so, details of the changes will be highlighted at the top of this page.] Any such changes will become binding on you on your first use of Our Site after the changes have been made. You are therefore advised to check this page from time to time.

In the event of any conflict between the current version of this Cookie Policy and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.