SALIENT.BIO 

CONSUMER TERMS AND CONDITIONS OF SALE 

1.          Introduction

 

We are Salient Labs Limited, a company registered in England and Wales (company number 12662440), trading as Salient Bio. Our registered office is at The Biscuit Factory, Drummond Road, London, SE16 4DG. 

You can contact us at contact@salient.bio

 If we need to contact you, you agree that we can use the email address you gave us at checkout, which you must then separately use to create an account on the Salient Bio portal, if you’ve not opened an account with us before. 

2.          Acceptance of Terms

 

These terms apply to your purchase of any of our microbiome wellness test kits ("Kits") and associated testing services and the generated result reports from those services ("Reports") from our website. Please read them before placing your order and save a copy as we don’t file a copy specifically for the transaction with you. They are available in English only.

 Particularly important terms are flagged in bold for your particular attention. 

By ticking "I agree to the Terms of Sale and Use" at checkout, you confirm you have read and accepted these terms. If you do not agree, please do not place an order.

 These terms are for individual consumers purchasing for personal use only. If you are a healthcare business purchasing for commercial purposes, please contact us - different terms apply.

3.          About Our Tests

 

We currently offer three microbiome wellness tests, each sold separately:

·            Oral Microbiome Wellness

·            Gut Microbiome Wellness

·            Vaginal Microbiome Wellness

All three tests are wellness products, and do not act as a diagnostic test, therefore are not registered as a medical device by the UK Medicines and Healthcare products Regulatory Agency or any other regulatory body in either the UK. 

Our tests are generally designed to quantify and/or detect the levels and/or presence of certain biomarkers within a particular biological sample you have collected using our test Kit.

When we test those samples, and issue a Report, it will include specific organism reporting, microbiome analysis and other specific test data, but may also include insights based on those results, drawing on your specific microbial profile. 

However, these are generalised insights provided for informational purposes only, intended to give you a view of your microbial profile and to enrich or help facilitate a conversation with a healthcare professional rather than to substitute such advice. These do not constitute personalised recommendations or a health treatment plan. It is important to note that a range of factors influence your health and you might have other complicating factors that we’re not aware of.

We recommend that you seek medical guidance before taking actions based on your analysis.  Where your report includes insights on your microbiome analysis, these are provided as a starting point for consideration, not a clinical prescription or diagnosis. Please use them to inform a conversation with a healthcare professional rather than as a basis for self-treating or self-diagnosing any condition.

We are not responsible for decisions you make about your health or care based on your Report.

 

4.          Who Can Use Our Kits

 

To buy any of our Kits, you must:

·       be aged 18 or over;

·       be based in the United Kingdom;

·       be purchasing for your own personal use; and

·       be providing a sample from your own body.

By placing an order, you confirm you meet these requirements. If we discover you do not, we may cancel your order and refund any payment made.

5.          Placing an Order

 

After you place an order, we will send you an acknowledgement email that your order has been received. Your order is not accepted, and no contract is formed, until we send you a separate order dispatch email.

We may decline any order at our discretion - for example, where a Kit is out of stock, we have reason to believe the eligibility requirements above are not met, or if a particular Kit is not correctly priced on our website. If we cannot accept your order, we will let you know and will not charge you, or will refund you if payment has already been taken.

All prices shown on our website include VAT if applicable. If the rate of VAT changes between your order date and the date we supply the Kit, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.

Delivery charges are shown at checkout before you confirm your order.

 

6.          Changes to our Kits

 

Whilst we commit that our Kits and the corresponding tests we run on your sample will align with the commitments made on our wiki page (available here - https://salient.bio/docs/salient-wiki.pdf) (our Wiki Page) we reserve the right to change a Kit or the relevant testing that we do to reflect changes in relevant laws and regulatory requirements, to make minor technical adjustments and improvements, to improve or alter the range of microbial sampling or testing that we offer as part of any particular Kit, generally to update our testing standards or as otherwise outlined on our Wiki Page.

 

We also reserve the right to recall all Kits, cancel your contract, and issue a refund for any price paid (subject to receiving our Kit back in an undamaged and unused state, as noted below), if there is any regulatory action, recall, field safety corrective action, or material change to the regulatory status of any Kit supplied to you (including in our ability to undertake the relevant testing and provide your Report without particular accreditation(s)), or the corresponding tests that we intend to run in respect of any sample that you provide relating to that Kit.

 

7.          Payment and Delivery

 

Payment is taken at the time of order through our third party payment provider, pursuant to their separate terms of service made available to you at the point of checkout. We accept debit card payment. All transactions are in pounds sterling (GBP).

We may offer discount codes from time to time only to be applied directly for sales on our website. 

All discount codes refer to the price of the product purchased. Such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered and are not transferrable or redeemable for cash. 

Unless otherwise stated: codes are only available for future new orders placed online, cannot be used retrospectively, can only be redeemed once by you and expire after the period of months specified at the point of issue (or 2 months if not specified). You cannot use more than one discount code per transaction unless we state otherwise; if we do so, the order in which the codes are to be applied is in our sole discretion.

 We reserve the right to reject any discount code if we consider that it is being used in breach of these terms. Discount codes are subject to any additional specific terms and conditions which are specified at the point of issue on our website.  We reserve the right to discontinue or otherwise modify any discount codes at any time without prior notice.

We aim to dispatch your Kit within 3 working days (excluding weekends or bank or public holidays in the UK) from when we issue your order confirmation using a standard UK next day delivery service (although we do not guarantee delivery will always be made next day).  

If you receive notification of an unsuccessful attempted delivery, it is your responsibility to use the details provided to immediately contact the courier to arrange re-delivery. If nobody is available to receive the Kit, we reserve the right to leave it at the doorstep, hall or reception as available, or with a neighbour.

If the Kit is undelivered arising from your failing to comply with these terms (for example, where you fail to contact the courier within a sufficient timeframe to arrange re-delivery after an unsuccessful delivery attempt or provide us with an incorrect delivery address) and is sent back to us, you are responsible to pay us the amount of any additional fee charged to us by the courier for returning the kit to us. 

Due to the nature of the product, the undelivered kit will not be usable and any replacement kits will need to be re-purchased. 

We are entitled to require that such costs be paid before we arrange replacement kit delivery to and/ or to add such costs to the amount of any future order by you and/or to deduct such costs from any refund (to the extent legally allowed).

 

8.          Using Your Kit and Returning Your Sample

 

Each Kit contains everything you need to collect your sample, along with step-by-step instructions specific to that test. The sample type depends on the test you have purchased.

Please read your Kit instructions carefully before you begin. To get a valid result, you need to:

·       Register your Kit via the Salient Bio portal using the unique sample barcode in your box and on the collection vessel.

·       Collect your sample following the instructions set out within the box

·       Seal the sample properly and securely as directed and place it in the pre-paid return envelope provided

·       Post your secured sample following the instructions provided

·       Retain your proof of postage

 

Not following the instructions carefully is the most common cause of sample failure (see section 9 below). We cannot guarantee a result if the instructions are not followed. We cannot guarantee we will be able to intercept your sample once it arrives at the lab.

You should aim to send us the sample within three months of receiving your order following the steps outlined in the instructions. If not, then we reserve the right, without refund, to decline to fulfil the order.

 

9.          Sample Quality and What Happens if Your Sample Fails

 

We process all samples at our UK laboratory (UKAS-accredited ISO/IEC 17025:2017, reference 22223). Our microbiome wellness tests sit outside the UKAS diagnostic schedule - they are wellness products, not diagnostic tests.

Following valid receipt of the samples, we shall be permitted to reject any sample and shall not be obligated to perform the testing or deliver a Report in the following circumstances:

 

(i)              if the sample has been incorrectly labelled or packaged;

(ii)             if the sample has not been correctly obtained in accordance with the instructions provided with your Kit;

(iii)           if the sample has been obtained using a method or product which is not included in our Kit;

(iv)           if a sample is received at our laboratory without a compliant Salient Bio barcode;

(v)            if more than one sample is delivered to us; or

(vi)           if we otherwise determine, acting reasonably, that the sample is not sufficient to produce an accurate microbiome test.

If your sample fails the above quality control tests, we will contact you within 5 working days to make your aware. The responsibility for providing an appropriate sample rests with you and no refund will be issued if the sample is rejected.

10.     Your Results – Important – Please Read Carefully

 

The turnaround time for microbiome analysis is typically ten to fifteen (10- 15) working days (excluding weekends or bank or public holidays in the UK) of receiving a valid sample.

When your Report becomes available this will be communicated via the email address communicated at checkout and you must then login to access it via the secure Salient Bio portal. As noted in our privacy policy, we will not store your report indefinitely, and it is your responsibility to ensure you access it via our portal, and download it if you require a saved copy. 

We do not warrant that your use of the Salient Bio portal will be uninterrupted or error-free, and the portal may be unavailable at certain times, for example fix bugs or update security, improve general performance or enhance the features and functionality. 

We accept no responsibility for emails which are blocked by your junk or spam mail filters, and it is your responsibility to ensure that you notify us if your email address has changed for whatever reason, by updating your relevant details via the Salient Bio portal, or if you have not received notification that your Report is ready, or other correspondence from us, within the timeframes that you expect. 

Your Report reflects your microbiome at the time of sampling. It is a snapshot, not an ongoing health record, and does not predict future health outcomes. 

You acknowledge that the accuracy of any analysis or report is dependent on the quality of the sample provided. The results represent an output of that analysis and are not an independent verification of fact. Test results are also subject to inherent limitations - for example, the risk of a false positive or false negative - and their accuracy cannot be guaranteed.

Provided we have exercised reasonable skill and care in undertaking the tests we’ve committed to based on an appropriate sample (as noted below), we are not legally responsible for an incorrect or inaccurate result and you rely on the test results at your own risk.

You acknowledge that the analysis of the sample and report is based on the quality of sample provided to Salient Bio. The information provided is considered an output of the analysis conducted. 

Your report will include analysis of your microbial data with associated health insights, these are provided as a starting point for consideration, not a clinical prescription or diagnosis. Please use them to inform a conversation with a healthcare professional rather than as a basis for self-treating or self-diagnosing any condition.

Your Report is for your personal use only. Please do not reproduce, sell, or share it commercially.

 

Our services, reports, and recommendations are provided for informational purposes only and are not a substitute for professional medical advice, diagnosis, or treatment. Always consult a qualified healthcare professional regarding medical concerns or before embarking on any course of treatment. 

11.     Events Outside our Control

 

If our supply of your Kit, or delivery of your results, is delayed by an event outside our control, such as postal delays, raw material shortages or unavailability of testing reagents, we will contact you as soon as possible to let you know and do what we can to reduce the delay.

As long as we do this, we won't compensate you for the delay, but if the delay in posting a Kit is likely to be in excess of a month you can contact us to end the contract and receive a refund for any Kits you have paid for in advance but not received. 

12.     Cancellation, Returns and Refunds

 

Your right to cancel

 By law, you have the right to cancel your order and receive a partial refund for the cost of your order within 14 days. We do not provide any refunds for the cost of fulfilment of the kits. 

Due to health and safety regulations, we are unable to provide refunds for Salient Bio kits once they have been dispatched. Please refrain from returning any unused kits to us, as we are unable to accept them

 To cancel, contact us at contact@salient.bio before the 14-day period ends.

Damaged, faulty or missing Kits

If your Kit arrives damaged, or is missing certain parts, or does not arrive within the period we have indicated (save where we have updated you as set out above) please contact us at contact@salient.bio. Subject to receipt of any necessary evidence of the damage and provided we are satisfied that the damage or loss did not occur after you received your Kit, we will send a replacement kit.

Sample failure

 

If your sample fails the above quality control tests, we will contact you within 5 working days via the email address provided whilst signing up to the portal. The responsibility for providing an appropriate sample rests with you and no refund will be issued if the sample is rejected. 

How we process refunds

 

Approved refunds are returned to your original payment method within 14 days, please refrain from returning the kit to us because we will not be able to accept it. 

Our Cancellation

 In addition to our cancellation rights set out elsewhere in these terms, we reserve the right at any time, without refund, to suspend or end the provision of any testing services in respect of your Kit we have, acting in good faith, genuine reason to suspect that your use of our Kit is in breach of these terms, or you have tried to place a charge back in respect of any payment made for your Kit.

13.     Consent to Use of Your Biological Sample and related Report

 

You are providing a biological sample (oral swab, saliva, stool, or vaginal swab depending on the test). Under the Human Tissue Act 2004, we need your informed consent before we can collect, store, or process it.

By completing your purchase and submitting your sample, you consent to:

 

a)     the collection and laboratory analysis of your sample for the sole purpose of generating your Report; 

b)     the storage of your sample during the time of analysis, after which it will be securely disposed of; and

c)     (only where you have specifically authorised this use when creating an account on the Salient Bio portal) use of sample material and related results for internal quality improvement (e.g. improve or develop new services, operations, and systems); and 

d)     (only where you have specifically authorised this use when creating an account on the Salient Bio portal) for research purposes (on an aggregated anonymised basis as regards any relevant data). Where we do so, we will dissociate any sample material with any individual names associated with your Order (i.e. hold the relevant information on an anonymised basis, and will not use any personal data in any way connected to your sample material or Results. 

The legal basis on which we may do so, and the related privacy measures we take, are set out in our Privacy Policy (as defined and referenced below).

 In some circumstances, you can us to delete your data: Please refer to our Privacy Policy for further information.

By submitting your sample, you confirm that it is from your own body and that you are providing it voluntarily.

 

You acknowledge that we may also be required by law to:

(a)   retain samples, and certain personal data relating to samples and/or test results (for example, in the event of a breakout of any pandemic or epidemic), together with other personal data relating to you; and

(b)   provide such health data to UK health authorities, for example Public Health England, the Department of Health and Social Care, and the UK Health Security Agency, or similar bodies in the devolved regions of the UK. 

14.     Your Account

Your account on our website is for your personal use only and is non-transferable. You must not authorise or permit any other person to use your account. You undertake to take reasonable care to keep your login information confidential and to notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password. You are responsible for third parties who use your account or identity (unless and to the extent that we are at fault).

We are entitled at any time for any reason after we have generated your Report and with or without notice to terminate your account on our site and/ or to delete all test results and other data contained therein.

 

15.     Our Liability to You – Important – Please Read Carefully

 

We're not responsible for losses you suffer caused by us breaking this contract if that loss or damage that was not foreseeable at the time the contract was made. 

An “unforeseeable” loss is such that it was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it. 

We’re also not responsible for any losses you could have avoided by taking reasonable action.

To the extent that you use a Kit for the purposes of your trade, business, craft or profession (notwithstanding what we’ve stated in these terms) then the limits of liability set out in our business to business terms will apply. 

Because our tests are wellness tools rather than diagnostics, and because your health is affected by many factors outside our knowledge and control, we are not liable for health or care decisions you make based on your Report. 

Nothing in these terms affects your statutory rights as a consumer. You can get advice about your legal rights from your local Trading Standards office or Citizens’ Advice Bureau. 

16.     Your Responsibilities

 

You agree to:

·         follow the Kit instructions carefully when collecting and returning your sample;

·         register your sample using the unique Kit ID before returning it;

·         provide accurate information about yourself at checkout and during registration;

·         keep any account login details confidential; and

·         use your Report for personal, non-commercial purposes only.

You must not use our website or services unlawfully or in a way that infringes the rights of others.

 

17.     Your Personal Data

 

We process your personal data in accordance with our privacy policy which is available here: [https://salient.bio/docs/privacy-policy.pdf]  (“Privacy Policy”) which explains what we collect, why, the lawful basis for each type of processing, and your rights (including rights of access, correction, and erasure). 

The data we collect includes health data (special category data under the UK GDPR) relating to your oral, gut, or intimate health depending on the test you purchase. At checkout, you will be asked to give explicit consent to the processing of your health and biological sample data. 

You can withdraw this consent at any time, though doing so may affect our ability to deliver your Report (and we cannot issue a refund in such circumstances, unless you are otherwise entitled to a refund under these terms).

We do not sell your personal data. Our Privacy Policy sets out the third-party processors we use (including our e-commerce platform, payment provider, and email service).

18.     Intellectual Property

 

All content on our website and in the template and design of your Report belongs to Salient Labs Limited or our licensors. You may use your Report indefinitely for your own personal wellness purposes only (and share it with third parties for your own wellness purposes). You must not reproduce, sell, or commercialise any part of it without our prior written consent.

 We may any use any feedback and suggestions for improvement relating to our Kits or associated testing without charge or limitation. 

19.     Changes to These Terms

 

The version of these terms in force when you place your order governs your order. We will not change the terms that apply to an existing order without your agreement.

We may update these terms for future orders. The current version will always be on our website, and we will notify you of material changes by email (using the email address taken during checkout or associated with your account on the Salient Bio portal) before they take effect.

20.     Complaints

 

If you are unhappy with your Kit, your Report, or our service, please contact us at contact@salient.bio

21.     Governing Law

 

These terms are governed by English law. You can bring legal proceedings in the courts of England and Wales. If you live in Scotland or Northern Ireland, you may also bring proceedings in the courts of those nations. 

22.     General

 

• If any part of these terms is found to be unenforceable, the rest continues in full force.
• A delay in enforcing any right does not mean we have waived it, i.e. we might not immediately chase you for not doing something you're not allowed to, but that doesn’t mean we can't do it later.
• We may transfer our rights and obligations under these terms to another organisation so that a different organisation is responsible for supplying your Kit or undertaking any testing - we will tell you if this happens, and it will not affect your rights.
•  You can only transfer your contract with us to someone else if we agree to this. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it. 
• These terms (together with any terms we specify at the point of purchase) constitute the entire agreement between us for your purchase. 
• Headings used in these terms are for information and not binding.