Terms of Website Use
This page (and the documents it refers to) tells you the terms of use on which you may use or browse our website www.maintainmedical.co.uk (our site), whether as a guest or a registered user. Please read these terms of use carefully before you start to use the site. By using our site, you accept these terms of use and agree to abide by them. If you do not agree to these terms of use, please do not use our site.
About Us
www.maintainmedical.co.uk is a site operated by NQ Labs Ltd t/a Maintain Medical (“we” or “us”). We are registered in England and Wales under company number 16411033.
Registered office address: 193 Eastern Road, Brighton, England, BN2 5BB.
Email: info@maintainmedical.co.uk
Our Site
We allow access to our site on a temporary basis and we reserve the right to withdraw, restrict or change our site at any time and without notice. We will not be liable if for any reason our site is unavailable at any time or if the content is changed or out of date. You must treat as confidential any user identification code, password or other security feature in relation to our site. If, in our opinion, you aren’t complying with these terms of use, we have the right to disable any such code, password or feature at any time. It is your responsibility that anyone who accesses our site through your internet connection is aware of these terms and complies with them.
Variations
We may revise these terms of use at any time by amending this page or by provisions or notices published elsewhere on our site.
Intellectual Property Rights
We are the owner or the licensee of all intellectual property rights in our site and the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You must not use any part of the materials on our site for commercial purposes without a licence from us or our licensors. You may not reproduce in any format (including on another website) any part of our site (including content, images, designs, look and feel) without our prior written consent. If, in our opinion, you are in breach of these provisions, your right to use our site will cease immediately and you must either return or destroy (as required by us) any copies of the materials you have made.
Reliance on Information and Links
The contents of our site (including links to other sites and resources provided by third parties) are for information only, and we shall not be liable for any use of, or reliance on, such materials. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
Information About You And Visits To Our Site
We process information about you in accordance with our Privacy Policy.
Linking To Our Site
You may link to our home page only if you have first obtained our written consent and provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. We reserve the right to withdraw linking permission without notice.You must not link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.If you wish to make any use of material on our site other than that set out above, please address your request to info@maintainmedical.co.uk.
Viruses, Hacking and Other Offences
You must not misuse our site by knowingly introducing any material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack. By failing to comply with this provision, you would commit a criminal offence and your right to use our site will cease immediately and we will report your actions to the relevant authorities.
Our Liability
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we hereby expressly exclude:
All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it (whether by us or a third party), including, without limitation any liability for: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. This does not affect any liability which cannot be excluded or limited under applicable law.
Jurisdiction and Applicable Law
The courts of England and Wales will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site. These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
Terms and Conditions of Supply – Maintain Medical
1. Introduction
https://www.maintainmedical.co.uk (“site”) is owned and operated by NQ Labs Ltd t/a Maintain Medical, a company registered in England and Wales under company number 16411033, with registered office at 193 Eastern Road, Brighton, England, BN2 5BB. Please read these terms and conditions carefully before proceeding with purchase of our services. By purchasing services on this Site, you agree to be bound by these terms and conditions. If you are not willing to be bound by these terms and conditions, please do not purchase services from this Site.
2. Change to terms
We may update these terms and conditions from time to time. If we make any material changes, we will notify you in advance and provide an opportunity for you to review the updated terms. By continuing to use our services after changes are made, you agree to the updated terms. If the revised terms apply to any ongoing services, we will notify you accordingly.
3. Privacy policy and data protection
Your personal data will be processed in accordance with our Privacy Policy, which complies with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018. By providing your personal data, you consent to us processing it for the purposes of delivering our services. Our full Privacy Policy can be viewed at https://www.maintainmedical.co.uk/privacy.
4. Age restriction
You shall not purchase any services from our Site if you are below the age of 18 years old because under this age, you do not have legal capacity to enter into a contract.
5. Acceptance of order
5.1 These Terms will become binding on you and us and a Contract will come into effect between you and us only upon our written acceptance of the order issued to you by email (Email Confirmation) or when we contact you to tell you that we are able to provide the services or products to you. We are not bound by the order unless we accept it in writing.
5.2 If there is any conflict between these Terms and any term of the order, the order will take priority.
6. Entire Agreement
These Terms and the Privacy Policy constitute the entire agreement between you and us and supersede all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
7. Representations
7.1 You acknowledge and agree that by entering into this Contract with us you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or the Privacy Policy.
7.2 You shall not have any claim for innocent or negligent misrepresentation against us based on any statement in this Contract. Nothing in this clause affects your statutory rights to claim for misrepresentation under consumer protection laws.
7.3 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law.
8. Provision of services
8.1 We will supply the services to you from the date set out in the order for the period specified in the order.
8.2 We will make every effort to provide the services on time; however, there may be delays due to an Event Outside Our Control. Please refer to clause 17 for further details.
8.3 We will require certain information from you that is necessary for us to provide the services, such as relevant personal data, health-related information, and other details that may include, but are not limited to, medical history, lifestyle factors, and any other information we deem necessary to assess your suitability for consultation and treatment. We will contact you in writing to request this information. If you fail to provide the necessary information or provide incomplete or inaccurate information, we may suspend the services by giving you written notice. We will not be held liable for any delay or non-performance resulting from your failure to provide the required information. If we suspend the services under this clause, you will not be charged for the services during the suspension, but this will not affect your obligation to pay any invoices already issued.
8.4 We may need to suspend the services temporarily for technical reasons or to implement agreed improvements. We will notify you in advance unless it is urgent or an emergency. During this time, you will not be charged for the services, but this will not affect your responsibility to pay any outstanding invoices.
8.5 If you fail to pay for the services as required, we may suspend the services with immediate effect until payment is made. This does not affect our right to charge interest on late payments.
8.6 If we provide you with a product as part of the services (such as reports, digital content, or any other materials), all intellectual property rights, including copyright and design rights, will remain our property. You are granted a non-exclusive, non-transferable licence to use any materials provided as part of the services for personal use only, and not for commercial purposes, without our prior written consent.
9. Third-Party Service Providers and Liability
9.1 We may engage third-party service providers, including but not limited to Randox, Inuvi, Regenerus and other diagnostic partners, to provide certain services (e.g., diagnostic testing, blood testing) as part of our overall offering to you. These services are provided independently by the third-party providers, and we are not responsible for any injury, harm, or damages caused by the negligence of their employees or agents.
9.2 While we facilitate the booking of these services for your convenience, you acknowledge that all services performed by third-party providers are subject to the terms and conditions of the respective provider. Any claims or disputes regarding the services provided by these third parties must be directed to the respective third-party provider.
9.3 You agree that we will not be held liable for any injury, harm, or damages arising from services provided by third-party providers, except where such injury or harm is caused directly by our own negligence.
9.4 Any claims, liabilities, or expenses resulting from negligence, misconduct, or breach of duty by the third-party provider are the responsibility of the third-party provider. In such cases, we will assist in directing your claims to the third-party provider, but we accept no liability beyond what is required by law.
9.5 If you suffer any injury or harm as a result of services provided by third-party providers, you must notify us and the third-party provider as soon as possible, and we will assist you in coordinating any necessary responses or claims with the third party. However, we do not provide financial assistance or compensation for any claims related to the services of third-party providers. Any financial claims must be directed to the third-party provider directly.
9.6 We take reasonable steps to ensure that our third-party providers carry appropriate insurance for their services, and we recommend that you review the terms and conditions of third-party service providers before proceeding with their services.
10. Prescription medication
10.1 For safety reasons, we do not accept returns of prescription medicines. You may only return prescription medicines if we have made a mistake in fulfilling your order, your order is not as described, or it is damaged or faulty. If you believe the prescription medicine is damaged or faulty, you must notify us and provide evidence of the fault within 72 hours of delivery. Once your prescription has been dispensed, refunds will not be provided.
10.2 We reserve the right to refuse, pause, or cancel treatment if:
a) You decline to follow our clinical advice;
b) You refuse to complete a requested blood test, including any follow-up tests;
c) We deem your overall health to be excessively high-risk or too complex to treat, in which case we may share relevant information with your GP or other healthcare provider to ensure safety;
d) We determine that your condition is unsuitable for treatment based on our scope of practice.
11. Consultations and prescriptions
11.1 During consultations, we will assess your health and may provide a written health report which may include diagnosis and indication of your health status. We will advise you of the most suitable treatment based on your assessment. Should a prescription be issued, you will be charged, and the first delivery of the prescription will be sent through our partner pharmacy. Professional standards and legal restrictions may limit the quantity, type and frequency of the products supplied.
11.2 If, during our clinical assessment, your blood test results or other health data indicate potentially harmful or critical conditions, we will inform you and recommend you seek urgent medical attention from your GP or hospital. It is your responsibility to ensure you are contactable, and we will not be liable if you fail to respond to our communications in such instances.
12. Cancellations and postponements
12.1 If we need to cancel or postpone your consultation or services for any reason, and you cannot agree on an alternative date or time, we will provide you with a full refund for the affected services.
12.2 If you cancel your consultation less than 24 hours before it is scheduled to take place, you may not be entitled to a full refund. In such cases, we will deduct a proportionate amount for any services already provided or preparatory work reasonably undertaken before the cancellation, which will be communicated to you at the time of cancellation. If the cancellation is due to an issue with our service, a full refund will be provided.
12.3 If a consultation or service is provided but you are dissatisfied with the quality, you may follow the steps in clause 13 to report the issue and seek a resolution or refund.
12.4 If you cancel your order after a test kit has been dispatched by our third-party provider but before the sample has been taken, we may deduct a reasonable amount from your refund to cover the cost of the kit and associated handling expenses. If the sample has already been taken and sent for testing, whether in transit to the laboratory or already received, the full cost of the test, including analysis and reporting, will be deducted from your refund.
12.5 Inuvi home-visit blood draw (if applicable): to avoid incurring a fee, any reschedule must be made at least 48 hours before the scheduled appointment. If you reschedule within 48 hours of the appointment, an additional appointment fee of £60 will apply.
13. If there is a problem with the services
13.1 In the unlikely event that you are not happy with the services:
a) please contact us and tell us as soon as reasonably possible;
b) please give us a reasonable opportunity to repair or fix any defect; and
c) we will use every effort to solve the problem within 28 days.
d) We determine that your condition is unsuitable for treatment based on our scope of practice.
13.2 As a consumer, you have legal rights in relation to services not carried out with reasonable skill and care. Nothing in these Terms will affect these legal rights.
13.3 Before we begin to provide the services, you have the following rights to cancel our services:
a) You may cancel any order for services at any time within 14 days of the date of our email confirmation of your order by contacting us. We will confirm your cancellation in writing to you.
b) If you cancel under 13.3(a) and you have made any payment in advance for services that have not been provided to you, we will refund these amounts to you;
c) However, if you cancel and we have already started providing the services by that time, you will pay us a proportionate amount for the services already provided, including any preparatory work reasonably undertaken before cancellation. However, where you have cancelled because of our failure to comply with these Terms (except where we have been affected by an Event Outside Our Control), you do not have to make any payment to us.
13.4 If we have completed providing the services, you have no right to cancel, even if this is within 14 days of our email confirmation of your order.
14. Termination
14.1 We may terminate the contract for services at any time with immediate effect by giving you written notice if:
a) you do not pay us when you are supposed to; or
b) you break the contract in any other material way and you do not correct or fix the situation within 14 days of us asking you to in writing.
14.2 You may terminate the contract for services at any time with immediate effect by giving us written notice if we break the contract in any material way and do not correct or fix the situation within 14 days of you asking us to in writing. If you terminate the contract for this reason, you will only be responsible for payment for any services already provided or preparatory work reasonably undertaken up to the point of termination. Any prepaid amounts for services not yet provided will be refunded, except where we are entitled to deduct for services already performed.
15. Price and payment
15.1 Prices of the services are specified on our Site and confirmed on the checkout page. We may change our prices any time, but that will not affect the prices for confirmed orders.
15.2 Our prices are inclusive of VAT, where applicable. If there is a change in the rate of VAT between the date of the order and the date of delivery or performance, the rate of VAT that you pay will be adjusted, unless you have already paid the full purchase price prior to the change taking effect.
15.3 Despite our best efforts, there may be incorrect prices on some of the services. If the correct price is less than a price shown on our site, the lower amount will be charged. If the correct price is higher than the price specified on our site, we will inform you and ask whether you wish to continue with the order with the actual higher price. If the error in price is obvious and unmistakeable and could reasonably have been recognised by you as mispricing, we will not be liable to provide the services to you at the incorrect lower price.
15.4 Payment for services is to be made in advance by credit or debit card except where agreed otherwise in writing between us.
15.5 If you do not make any payment due to us by the due date, we may charge interest on the overdue amount at the rate of 3% a year above the Bank of England base rate. Interest accrues daily until payment in full.
16. Limitation of liability
16.1 We are responsible for loss or damage you suffer that is a foreseeable result of our negligence or our breach of the Terms. However, we will not be liable for indirect or unforeseeable losses. Nothing in this clause affects your statutory rights as a consumer, including your right to receive services performed with reasonable care and skill.
16.2 Exceptions to Limitation of Liability. Our liability does not exclude or limit in any way:
(a) fraud or fraudulent misrepresentation;
(b) death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors. For the avoidance of doubt, we are not liable for any injury, harm, or damages caused by third-party service providers.
17. Circumstances beyond our control
17.1 If there is failure to perform, or delay in performance of any of our obligations under these Terms due to Circumstances Beyond Our Control, we will not be liable for such failure.
17.2 Circumstances Beyond Our Control include any act or event beyond our reasonable control, including without limitation lock-outs, strikes, or other industrial action by third parties, riots, civil commotion, terrorist attack or threat of terrorist attack, invasion, war (whether declared or not) or threat or preparation for war, explosion, fire, flood, storm, subsidence, epidemic, earthquake, or other natural disaster, or failure of private or public telecommunications networks.
17.3 If any Circumstances Beyond Our Control affects performance of our obligations:
17.4 you will be notified as soon as reasonably possible; and
17.5 the time for performance will be extended and our obligations suspended for the duration.
17.6 If such circumstances continue for more than 30 days, you may cancel the contract. We may also cancel the contract after 30 days. We will refund any advance payments for services not provided due to the force majeure event.
18. Notice
18.1 Any notice to us should be in writing and sent by e-mail to info@maintainmedical.co.uk.
18.2 Any notice to you will be in writing by e-mail, by hand, or by pre-paid post to the address you provided on the order.
19. Miscellaneous
19.1 We may assign our rights and obligations under these Terms to another person. If there is any such assignment, we will inform you in writing or by email.
19.2 You cannot transfer your rights and obligations under these Terms to any other person without our written approval.
19.3 This contract is only between you and us. No other third person shall have any rights to enforce any terms.
19.4 Each paragraph of these Terms is separate and distinct. If any court or relevant authority determines any clause is unlawful, such determination will not affect other clauses and all remaining clauses will remain in full force.
19.5 Our failure to insist that you perform any of your obligations, or to enforce our rights, or delay in doing so, does not mean our rights are waived. Any waiver by us of your default will only be in writing and does not waive future defaults.
19.6 This contract and any dispute arising from it will be governed by the law of England and Wales. The courts of England and Wales will have exclusive jurisdiction over any disputes arising under or in connection with these Terms. Mandatory consumer protections in your local jurisdiction may also apply where required by law.
20. Contact us
20.1 For any questions or queries you can contact us at info@maintainmedical.co.uk.