website terms and conditions


These Website Terms and Conditions govern your use of the Immogenics website (the “Site”) and your relationship with Immogenics. Please read them carefully as they affect your rights and liabilities under the law. If you do not agree to these Terms and Conditions, please do not register for or use the Site. Please note that to use any of the services provided on the Site, or to order the Service, you are required to register as an authorised user on the Site.

This Site is intended for use within the United Kingdom only. Please visit
www.immogenics.com to view a list of locations outside the United Kingdom where the Immogenics Programme is in operation.

1. Use of the Site
The Site is provided to you free of charge for your personal use subject to these Terms and Conditions. By using the Site you agree to be bound by these Terms and Conditions.

The Site is made up of a number of different pages and these Terms and Conditions govern your use of the Site and all of the different pages contained within it.

All orders of the blood testing and dietary analysis service provided by Immogenics (the “Service”) made on the Site will also be governed by the Service Terms and Conditions (see below).

THESE TERMS AND CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS.

2. Amendments
Immogenics may update these Terms and Conditions from time to time and any changes will be notified to you by Immogenics via your preferred communication route (if you register for the Service) or via a suitable announcement on the Site. The changes will apply to the use of the Site after Immogenics has given notice. If you do not wish to accept the new Terms and Conditions you should not continue to use the Site. If you continue to use the Site after the date on which the change comes into effect, your use of the Site indicates your agreement to be bound by the new Terms and Conditions.

3. Excluded Services

The services provided by Immogenics do not include the provision of computer or other necessary equipment to access the Site. To use the Site you will require Internet connectivity and appropriate telecommunication links. Immogenics will not be liable for any telephone or other costs that you may incur.

4. Intellectual Property
The content of the Site is protected by copyright, trademarks, database rights and other intellectual property rights owned by Immogenics or its licensors. You may retrieve and display the content of the Site on a computer screen, PDA or mobile telephone, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and other proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Site without written permission from Immogenics.

Nothing in these Terms and Conditions licenses any use by you of any Immogenics trademark other than any incidental and unavoidable use during the permitted retrieval, display, storage or printing of any content of the Site.

5. Limitations
You may not use the Site for any of the following purposes:

  • disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material;
  • transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;
  • gaining unauthorised access to other computer systems;
  • interfering with any other person’s use or enjoyment of the Site;
  • breaching any laws concerning the use of public communications networks;
  • interfering or disrupting networks or websites connected to the Site; and
  • making, transmitting or storing electronic copies of materials protected by copyright without permission of the owner.

You will indemnify Immogenics against all losses, liabilities, costs and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgment by a court of competent jurisdiction and all settlements and sums paid by us as a result of any settlement agreed by us arising out of or in connection with:

  • any claim by any third party that the use of the Site by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;
  • any claim by any third party that the use of the Site by you infringes that third party’s copyright or other intellectual property rights of whatever nature; and
  • any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the Site by you.

6. Availability of the Site
Although Immogenics aims to offer you the best service possible, it makes no promise that the services at the Site will meet your requirements. Immogenics cannot guarantee that the service will be fault free. If a fault occurs in the service you should report it to Immogenics using the contact details on the “Contact Us” page of the Site and Immogenics will attempt to correct the fault as soon as it reasonably can.

Your access to the Site may occasionally be restricted to allow for repairs, maintenance or the introduction of new facilities or services. Immogenics will attempt to restore the service as soon as it reasonably can.



7. Immogenics’ liability
The Site is provided by Immogenics without any representations, warranties or guarantees. You must bear the risks associated with the Internet (including, but not limited to, the risk that your equipment or software may become infected by a virus, Trojan horse, logic bomb or other contaminant).

The Site provides content from other Internet sites or resources and while Immogenics tries to ensure that material included on the Site is correct, reputable and of high quality, it cannot accept responsibility for any errors or omissions in or corruption or contamination of that material or for the results obtained from the use of such information or for any technical problems you may experience with the Site. If Immogenics is informed of any inaccuracies in the material on the Site it will attempt to correct them as soon as it reasonably can.

In particular, Immogenics disclaims all liabilities in connection with the following:

  • incompatibility of the Site with any of your equipment, software or telecommunications links;
  • technical problems including errors in or interruptions to the Site;
  • unsuitability, unreliability or inaccuracy of the Site; and
  • inadequacy of the Site to meet your requirements.

To the full extent allowed by applicable law, you agree that Immogenics will not be liable to you/or any third party for any consequential or incidental damages (which shall be deemed to include but not to be limited to loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the Site.

Nothing in this paragraph 10 applies to Immogenics’ liability in respect of the Service.

Nothing in these Terms and Conditions shall exclude Immogenics’ liability for any fraudulent misrepresentation or personal injury or death caused by its negligence.

8. Third Party Websites

As a convenience to Immogenics customers, the Site may contain links to other websites or material which are beyond Immogenics’ control. Immogenics is not responsible for content on websites outside the Site.

9. Advertising and Sponsorship

Parts of the Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site complies with relevant laws and regulatory codes. Immogenics is not responsible for any error or inaccuracy in advertising and sponsorship material.

10. Applicable Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales and any disputes will be decided only by English courts.

11. International Use
This Site is intended for use within the United Kingdom only. Immogenics makes no promise that materials on the Site are appropriate or available for use in locations outside the United Kingdom, and accessing the Site from territories where its contents are illegal or unlawful is strictly prohibited. You should not access this Site from locations outside the United Kingdom. If you do so, it is on your own initiative and you are responsible for compliance with local laws and for indemnifying Immogenics against any loss or damage caused by your decision to access this Site from outside the United Kingdom. Please refer to
www.immogenics.com to view a list of locations outside the United Kingdom where the Immogenics Novo Programme is in operation.

12. Miscellaneous
You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions.

If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.

If you breach these Terms and Conditions and Immogenics ignores this, Immogenics will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.

Immogenics will not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its control.

A person who is not party to these Terms and Conditions shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions but this shall not affect any right or remedy of a third party which exists or is available apart from that Act.



Service Terms and Conditions

Please read these Service Terms and Conditions carefully as they affect your rights and liabilities under the law and set out the terms under which Immogenics makes the Service available to you.

1. Service

Immogenics Limited (“Immogenics”) whose registered office is at 16 Park Crescent, London W1B 1AH provides a blood testing and dietary analysis service (the “Service”) through its website located on the Internet at www.immogenics.com, www.immogenics.co.uk and www.vitatest.co.uk (the “Site”).

Immogenics will liaise with other appropriate companies to help to deliver the Service to you.

The Service will involve, in return for your payment to Immogenics, taking a sample of your blood, a procedure that should be carried out by a suitably qualified person.

VITA samples will be analysed at The Doctors Laboratory (TDL) in London and the results sent back to you.
NOVO samples will be sent to our laboratory in Holland for analysis and the results sent back to you.

2. Price

The standard retail price payable for the Service is currently £299.00

Further information about Immogenics and the Service is included on the Immogenics website and if there is anything which you do not understand, or if you want more information or wish to make a complaint, please contact Immogenics using the contact details on the “Contact Us” page of the Site.

3. Registration

To register with Immogenics and to take advantage of the Service, you must:

• be over eighteen years of age;

• confirm that you have not been admitted to hospital in the last 12 months under the Mental Health Act 1983 for assessment or treatment and you are not currently under guardianship, and

• confirm that you are not using a medically prescribed diet, taking any medication or, to the best of your knowledge and belief, suffering from any medical condition.

You must ensure that the details provided by you on registration or at any other time are true complete and accurate in all respects and you must inform Immogenics as soon as possible of any changes to the information that you provided when registering by contacting Immogenics using the contact details on the “Contact Us” page of the Site.

4. Username, Password and Security

When you register to take advantage of the Service, you may be issued with a logon ID and a password. You must keep your logon ID and password confidential and must not disclose it or share it with anyone. You will be responsible for all activities and orders for the Service that occur or are submitted under your logon ID and password. If you know or suspect that someone else knows your username and password you should notify Immogenics immediately using the contact details on the “Contact Us” page of the Site.

If Immogenics has reason to believe that there is likely to be a breach of security or misuse of the Site, it may require you to change your password or it may suspend your account in accordance with paragraph 5 below.

5. Immogenics’ right to suspend or cancel your registration

Immogenics may suspend or cancel your registration immediately at its reasonable discretion or if you breach any of your obligations under these Terms and Conditions.

You can cancel your registration at any time by informing Immogenics in writing. If you do so, you must stop using the Site.

The suspension or cancellation of your registration and your right to use the Site will not affect either party’s rights or liabilities.

6. Acceptance

There will be no contract of any kind between you and Immogenics unless and until the “Order Confirmation” from Immogenics is despatched to you. Your order is an offer to Immogenics to provide you with the Service. Nothing that Immogenics says or does will amount to any acceptance of that offer until Immogenics despatches the “Order Confirmation” to you. At any point up until then, Immogenics may decline to provide the Service to you without giving any reason. At the moment that the “Order Confirmation” from Immogenics is despatched to you (and not before), a contract will be made between you and Immogenics, and you will be charged for the Service.

7. Providing the Service

7.1 Blood Sample

For NOVO and VITA, Immogenics will send you a test kit for you to have your sample taken by your GP/Practice Nurse/blood taking centre.

The phlebotomy kit provided is solely to be used by a trained phlebotomist in accordance with the instructions provided. The kit is not to be used by the client or any other person other than a trained phlebotomist. Immogenics Limited will not accept any liability arising out of the phlebotomy kits use how ever used.

7.2 Immogenics NOVO - Test Results and Dietary Analysis Report

Immogenics will aim to provide you with your Test Results and Dietary Analysis Report (as well as further information and guidance relating to your suggested diet) (the “Results Pack”) as soon as possible after your blood sample appointment and, in any event, no later than four weeks after your appointment.

If your Results Pack does not arrive within four weeks of your blood sample appointment, please contact Immogenics as soon as possible using the contact details on the “Contact Us” page of the Site so that arrangements can be made to issue a new Results Pack to you.

7.3 Immogenics VITA - Test Results

Immogenics will aim to provide you with your test results as soon as possible after your sample has been sent and, in any event, no later than four weeks after it has been sent.

If your Results Pack does not arrive within four weeks of your blood sample appointment, please contact Immogenics as soon as possible using the contact details on the “Contact Us” page of the Site so that arrangements can be made to issue a new Results Pack to you.



8. Disclaimer - Immogenics NOVO

Please read the help-notes enclosed with the Results Pack carefully before commencing the diet plan prescribed in the Dietary Analysis Report. If you are already using a medically prescribed diet or taking any medication, or if you are pregnant, please consult your doctor prior to commencing the diet. Please note that you should not make any changes to your medication without first consulting your doctor and obtaining his or her consent. If you are suffering from any medical condition at all you should consult your doctor before commencing the diet. Although the vast majority of Immogenic's customers following the diet plan lose weight and feel better, these effects are not guaranteed in every individual.

9. Cancellation/Refunds

You have the right to cancel your order for the Service for a period of 7 working days beginning on the day after the day on which you receive the “Order Confirmation” despatched to you by Immogenics via your preferred communication route. You can exercise your right to cancel the order by contacting Immogenics using the contact details on the “Contact Us” page of the Site. In the event that you decide to cancel your order, the contract between Immogenics and you will be treated as at an end and all monies paid by you for the Service will be refunded to you or credited to your debit or credit card by Immogenics as soon as reasonably practicable.

10. Payment

You can pay for the Service by any Mastercard, Visa credit card, Switch/Solo or Delta debit card. Your credit/debit card details will be encrypted to minimise the possibility of unauthorised access or disclosure. Authority for payment must be given at the time of your order. You will not be charged for the Service until the “Order Confirmation” from Immogenics is despatched to you via email or an order confirmation webpage.

Immogenics’ liability to you in connection with any order will not exceed the total price charged for the Service.

11. General

These Service Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales and any disputes will be decided only by the English courts.

If any of these Service Terms and Conditions is held by any court or competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Service Terms and Conditions which will continue to be valid and enforceable to the fullest extent permitted by law.

Privacy

1. Privacy

This privacy policy has been adopted by Immogenics. It sets out how Immogenics will use the personal information provided by you. Immogenics will only use your personal information for the purposes for which you give that information or for which Immogenics receives your consent.

In connection with these purposes, Immogenics will need to process and store your personal information and may need to disclose it to Immunetics BV or The Doctors Laboratory (who operate the blood analysis laboratory services on Immogenic’s behalf), and Datacash (for credit card payment) for processing, both inside and outside the European Economic Area (the “EEA”). Please note that the countries outside the EEA may not have the same level of protection as countries within the EEA, but Immogenics will always demand that those parties to whom it transfers data adhere to the same strict security procedures that Immogenics follows itself.

By entering into a contract with Immogenics in relation to the Service, you are giving your explicit consent to the processing of sensitive personal data relating to you (your blood test results).

If you do not agree with this privacy policy then you should not submit your personal information on this Site or enter into a contract with Immogenics for the provision of the Service.

2. Cookies

2.1 In order to enable Immogenics to provide you with a personalised browsing experience, this Site uses “cookie” information collection technology. The information gathered by Immogenics' cookies is limited to assisting with navigation should you return to the site and does not contain any information which may identify you personally

2.2 Cookies may be attached to your computer by advertisers and advertising agencies that post advertisements on the Site. Immogenics doe not accept any responsibility for the use of your personal information by any such third parties. Please refer to the relevant company’s own website to find out more about their use of cookies.

3. Future communications

When you register with the Site, you will be asked whether you agree to allow Immogenics and/or third parties to whom Immogenics may pass your name, address and contact details to communicate with you regarding products and services that may be of interest to you. You may at any time choose not to receive any such communications in future by contacting Immogenics via the ‘Contact Us’ page on the website.

4. Transfer of data to unconnected third parties

Immogenics will only use your personal information for purposes for which you have consented and will not, in particular, sell or rent your personal information to third parties without first obtaining your consent.

5. Security

Immogenics follows appropriate security procedures in the storage and use of personal information so as to prevent unauthorised access by third parties. We also require those parties to whom we transfer personal information to comply with the same. However, the Internet is not a totally secure medium and you acknowledge and agree that Immogenics shall not be responsible for any unauthorised use, distribution, damage or destruction of personal data, except to the extent that Immogenics is required to accept such responsibility by the Data Protection Act 1998.

6. Queries

If you have any queries about Immogenics’ privacy policy or any queries about the protection of personal data Immogenics holds about you, please contact Immogenics using the contact details on the “Contact Us” page of the Site.

You are entitled to a copy of the information that Immogenics holds about you by writing to Immogenics to request it (please see the “Contact Us” page of the Site). Immogenics reserves the right to charge an administration fee for this service.
Immogenics Ltd Company Number: 4537333
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