Terms and Conditions

Purchase of PepsinCheck by Peptest

1 General

1.1 This is the www.pepsincheck.com website (“Website“) which is owned by Respiratory Technology Corporation who are a company incorporated in the USA with offices in Houston, Texas as detailed below (“we“, “us“).

1.2 By purchasing any PepsinCheck by Peptest products (the “Products“) and by using this Website you acknowledge that you have read and you agree to be bound by and comply with these Terms and Conditions. Your statutory rights are not affected.

1.3 We recommend you print a copy of these terms and conditions and keep them for your records.

2 Your Status

2.1 By purchasing a Product through the Website, you confirm that you are at least 18 years old and if you are purchasing on behalf of your child or a person under the age of 18, that you are their legal parent or legal guardian.

2.2 We shall be entitled to cancel an order which has not been purchased by the bank account holder.

3 Purchase of Products

3.1 The placing of a Product on our Website is an invitation to accept offers for such Product and is not an offer to sell at the listed price nor is it binding on us. We are under no obligation to accept your order (whether or not the order has been confirmed and the credit card has been charged).

3.2 We will acknowledge by e-mail your order for a Product at the time you place your order. We will then notify you within 4 days of such email whether we have accepted your order. At the same time, if we have accepted your order, we will notify you of delivery dates.

3.3 In the event a Product is listed at an incorrect price due to a typographical error, we will notify you of the correct price by e-mail and we will give you the choice of either purchasing the Product at the correct price or cancelling your order. If you confirm you want the Product at the corrected price, we will deliver the Product to you. If payment has been charged for the purchase and you cancel your order we will, on return of the Product (if the Product has been sent out), a refund will be immediately issued.

3.4 Any order (whether or not accepted) is subject to availability of the Product. If the Product becomes unavailable, prior to delivery, we will notify you and give you the choice of a refund or of waiting until we restock the Product.

4 LIMITATION OF LIABILITY
4.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RESPIRATORY TECHNOLOGY CORPORATION AND ITS EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN CONTRACT, NEGLIGENCE, TORT OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR INABILITY TO USE THE SITE, SITE CONTENT OR ANY SERVICES, OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, EFFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE SYSTEM FAILURE, LOSS OF DATA, OR LOSS OF USE RELATED TO THE SITE OR ANY THIRD PARTY SITE. IF YOU ARE DISSATISFIED WITH US, ANY OF OUR SERVICES OR THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE.

4.2 NO MEDICAL ADVICE
The information contained in these pages is not intended to provide medical advice or instruction on the appropriate use of the PepsinCheck test. Patients are urged to consult with their treating physicians.

5 Defective Products

5.1 If the Products delivered are defective, not what you ordered or damaged on delivery please, notify us in writing straight away.

5.2 We will repair, replace, or refund you for the price paid for any Products and your packaging and postage costs which are found to be incorrect or damaged on delivery for a period of 30 days after delivery.

5.3 In addition to 5.2 above and as a gesture of goodwill, we will replace a Product:

(a) free of charge (except for postage and packaging costs) if we are unable to analyse your test result due to you providing us with an invalid sample for testing; or

(b) free of charge (to include the cost of postage and packaging) where we are otherwise unable to process your sample.

5.4 Risk of damage or loss of the Products passes to you when the Products are delivered to the delivery address stipulated in your order. We accept no responsibility for any damage or loss to the Products after risk passes.

6 Prices and Payment

6.1 The prices for the Products and delivery are as set out on the Website. Please note, unless otherwise stated on the Website, the prices are exclusive of tax, postage and packaging.

6.2 Payments must be made by credit or debit card and we shall not despatch any Products until we receive confirmation of payment.

6.3 Your payment will be processed by a secure connection at the time you place your order on the relevant section of the Website.

6.4 We will inform you as soon as we can if we are unable to deliver the Products within 30 days of your order and you may agree an alternative delivery period or you may cancel the order. In no event shall we be liable to you for any losses you may have for any delay in delivery.

7 Instructions

7.1 You must always read the kit instructions supplied with the Products prior to use of the Product and ensure you comply fully with such instructions at all times when using the Product. There is a video on the website that demonstrates how you collect saliva samples using the Product. We recommend you watch it before beginning the test.

8 Limitation of our Liability

8.1 Whilst we have taken reasonable steps to ensure the accuracy and completeness of the information on this Website it is provided on an “as is” basis and we give no warranty and make no representation regarding the accuracy or completeness of the content of this Website. Further, no warranty is given that the Website shall be available on an uninterrupted basis, and no liability can be accepted in respect of losses or damages arising out of such unavailability.

8.2 Prior to purchase, please be aware that purchasing PepsinCheck by Peptest from this online marketplace does not constitute medical advice from a licensed practitioner. Interpretation of the results of PepsinCheck and the diagnosis of any resultant conditions should be limited to licensed medical professionals and made in conjunction with standard diagnostic criteria and/or additional tests. Restech and Pacific Medical Labs are not liable for any actions taken due to the interpretation of the results of PepsinCheck.

8.3 Access to and use of this Website is at your own risk. We do not warrant that the use of this Website or any material downloaded from it will not cause damage to any property, including but not limited to loss of data or computer virus infection. We accept no liability for viruses. We recommend that you take all appropriate safeguards before downloading information or images from the Website.

8.4 In respect of any cause of action (including an action for negligence) arising out of or in connection with any purchase made from the Website, our entire liability shall be limited, to the extent that the cause of action relates directly to the items purchased on our Website to (at your option):

(a) repairing or replacing the Products; and

(b) refunding the amount paid by you in respect of the Products purchased.

8.5 Our aggregate liability in respect of all causes of action arising out of or in connection with the Products purchased on our Website or in connection with your use of the Website (whether for breach of contract, in negligence or any other tort, under statute or otherwise at all) will not exceed an amount equal to the value of the Products delivered to you under these Terms and Conditions.

8.6 We shall not be liable to you for any loss of profit; loss of business; loss of anticipated revenue; loss of anticipated savings; or any consequential or indirect loss.

8.7 Notwithstanding anything in these Terms and Conditions we do not exclude liability for:

(a) personal injury and death caused by our negligence;

(b) fraud; or

8.8 Except for any warranties expressly set out in these Terms and Conditions any warranties, conditions or representations whether implied by statute or otherwise shall be excluded to the fullest extent permitted by law.

9 Links to Third Party Websites

9.1 The use of third party websites is entirely at your own risk. Links contained in the Website will lead to other websites not under our control and we accept no liability for the content of any linked site or any link contained in a linked site. Links provided on the Website are provided to you only as a convenience and the inclusion of any link does not imply reliability and endorsement by us of the content of any third party’s website.

9.2 These Terms and Conditions do not apply to any third party website linked to the Website. You should read the terms and conditions of those websites before using them and direct any questions or comments about the linked website’s contents to the relevant website provider.

9.3 You are not entitled (nor will you assist others) to set up links from your own websites or any third party’s website to the Website (whether by hypertext linking, deep-linking, framing, toggling or otherwise) without our prior written consent, which we may grant or withhold at our absolute discretion.

10 Security

10.1 Our secure server software encrypts all your payment card details. The process scrambles all the information, allowing no unauthorised third party to intercept the data. Your browser will confirm that you are shopping in a secure environment by showing either a locked padlock icon or an image of a padlock next to the payment details in the relevant area of the Website.

11 Complaints Procedure

11.1 We are very proud of our high standards of customer service however, in the event that we fail in meeting these standards, please do not hesitate to email us at contact@restech.com. Our aim will always be to deal with your complaint as soon as possible and make every effort to reach a satisfactory conclusion on your behalf in order to retain your valued custom.

12 Intellectual Property

12.1 All Website, design, text and graphics belong to us. All copyright, trademarks and other intellectual property in or relating to the Website, the Products and/or us belongs to us or our licensors, as applicable.

12.2 You must not do anything which infringes a third party’s intellectual property rights or any other proprietary rights of a third party.

12.3 You are not permitted to use the Website in any way that may infringe the intellectual property rights contained in the Website. This means that you may not adapt, reproduce, publish, upload, extract, alter, store, post, redistribute, reutilise, retransmit or broadcast, all or any of the contents of the Website including but not limited to any trade marks or copyrighted material without our express permission. However, you are permitted to download and print out pages from the Website for the sole purpose of viewing for your own personal information.

13 General

13.1 These Terms and Conditions, including the Privacy and Cookies Policy represent the entire understanding relating to the use of the Website and supersede all other statements, representations or warranties (whether written, made by email or oral) made by us. You acknowledge that in entering into the contract you have not relied on any statement, assurance, representation or warranty (whether made negligently or innocently) other than as expressly set out in these Terms and Conditions (which includes our Privacy and Cookies Policy). Nothing in these Terms and Conditions shall affect the liability of either party in respect of any misrepresentation, warranty or condition that it makes fraudulently. Any rights not expressly granted in these Terms and Conditions are reserved by us.

13.2 If any provision of these Terms and Conditions are found to be invalid or unenforceable by a court, it will be severed from the rest of these Terms and Conditions which shall remain unaffected.

13.3 If we fail, at any time during the term of the contract, to insist upon strict performance of any of your obligations under the contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default.

13.4 A person who is not a party to this contract is not entitled to enforce any of its terms.

13.5 We shall not be liable to you for any delay in, or failure of, performance of our obligations under these Terms and Conditions arising from any cause beyond our reasonable control including any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion, failure in information technology or telecommunications services, failure of a third party (including failure to supply data or stock) and industrial action.

13.6 These Terms and Conditions will be governed by and construed in accordance with the laws of the USA and the State of Texas. Disputes arising in relation to or under this contract and/or relating to this Website shall be subject to the exclusive jurisdiction of the courts of Texas.

14 Contact Details

14.1 The Respiratory Technology Corporation

11011 Brooklet Drive, Suite 300

Houston, Texas

77099

USA

Tel: 858.336.3700

Email: contact@restech.com