1. Why is this information important?
2. What is an Evergreen Life Account?
3. Our Services
Using our Wellness functionality, you can take assessments to see which areas of your general and health wellbeing you may be able to improve and how to do that. We will do this by providing you with access to referenced external research, questionnaires, content, blogs, articles and other similar material. To unlock your wellness score, we ask that you share your data anonymously with us to allow us to offer you personalised responses and to power the recommendations we make to you and to people like you. You can read more about being a “data donor” in a later section of this document.
Personal Health Record (PHR)
The GP Access feature allows you to see certain medical records held by your General Practitioner or doctor”s surgery (“GP”), and gives access to online services which your GP provides, such as appointment booking, repeat prescription ordering, and messaging. Note that the availability of these services is controlled by your GP, and not all GPs will support all services. Minimum access is defined by the practice’s contract with the NHS. If you feel that you should have access to a service which is turned off, you will need to talk directly to your GP practice.
This feature is only available to you if the computer system that your GP uses is supported by us. In order to access your GP record, you will need to collect an Account ID and an Account Linkage Key (also referred to as “Linkage Key” or “Passphrase”) from your local GP.
If you choose to use this feature, we will store a copy of your GP record in your PHR. You may update this whenever you choose by following the onscreen instructions.
When using the GP Access feature, please note that the following may cause distress or discomfort:
- forgotten history – there may be certain information in your medical records which you have forgotten about;
- abnormal results/ bad news – you may see a result or other information before you have spoken to the doctor; and
- coercion – if you think you will be pressured into revealing details from your record against your will then please think again about whether you should use this feature.
Please note we only act as a platform between yourself and your GP. We cannot and do not have any method of verifying the accuracy of the information you view when using the GP Access feature. This includes for example any medication names or dosage which you may use for repeat prescriptions. We also do not have access to any information or messages provided or sent using this feature. You may be the only person who knows that information is inaccurate. We ask that you take extra care to ensure that the information is accurate with your GP. Any inaccuracies should be brought to the attention of your GP immediately.
The Trusted Access feature gives you the option to give access to your selected data and/or your GP record with other persons through the mobile application. You can do this by submitting the other person’s email address in the “Give Access to someone new” section. Once the other person has created their account with us and accepted your invitation, they will be able to see the information you have chosen to give them access to. They will also be able to add entries into your PHR.If you decide to use the Trusted Access feature, you acknowledge the following:
- you can choose to share parts of your record and keep other parts private;
- you are responsible for ensuring that the email you have provided is correct for the person you intend to give access to your information. We cannot verify or check this;
- we cannot prevent the email address you submit on the “Give Access to someone new” section being accessed by persons other than those whom you intend to give access to your information;
- we are not responsible for ensuring that the other person to whom you have given access can keep your information confidential and secure, and that it is appropriate to give them access to such information;
- we cannot and do not take any responsibility for what the other person will do with your information, for example:
- the other person may use their own means to download, save or store your record;
- the other person may unintentionally or otherwise share your information with a third party;
- we do not carry out any checks or due diligence on the other person; and we cannot stop or force any person to delete your information once you have provided them with access.
You can revoke access to anyone you have shared with, or change the parts of your record which they can see, at any time.Where you choose to give another person access your GP record, that person will be able to see everything in your GP record which you can. They will not be able to access the “Order Prescriptions”, “Book Appointment”, “Messaging”, and “My GP Account” pages.
Daylight Saving and Time Zone Changes – Certain features of the Mobile App allow you to create and store your reminders for medication or vaccination. The Mobile App will recognise your time zone when you record your time. When you move to a different time zone or where there is a change in time for whatever reason such as due to the implementation of daylight-saving time, you must re-login into the Mobile App so that the reminders can synchronise with the new time. If you do not re-login your records and stored reminders may not synchronise with the change.
Where you choose to purchase our DNA service additional terms will apply. See the DNA Section of this document.
From time to time we may make changes to the Services that are made available to you. This may be in the form of improvements and enhancements to the existing Services and the addition of new functionality. We may also remove certain Services at our sole discretion. Certain updates to the service may be mandatory and failure by you to install them may result in the Service no longer being available to you.
4. How do I open an Evergreen Life account?
Anyone who is a resident of the United Kingdom who is 13 years of age or older and creates an account can use the Service.
If you are under the age of 13 years (a “Child”), then you may only register for an account and use the Service if prior consent has been given by your parent or guardian, and they have agreed to these terms, as the party to this agreement, on your behalf.
By creating an account within the application on behalf of a Young Person, you are agreeing that you are the Responsible Person for that Young Person and will take the necessary steps upon the Young Person reaching 13 years old, to enable the Young Person to take over their Personal Health Record.When you register for an account it is important that you understand that each registration is for a single user only. We do not permit you to share your username and password with any other person nor with multiple users on a network.
In order to use the Service, we require you to create an account by providing us with your name, email address and a strong password. You are responsible for the activity that occurs in association with your account. Responsibility for the security of any passwords issued rests with you.There are also some technical requirements as to whether you can use the services.
5. Communicating with you
We’ll usually communicate with you through the app or through the website, but we may also communicate with you by email, so you should regularly check your email account. You can specify which types of communication you would like to receive from us by using the “Communication Preferences” functionality within the mobile application.
Please keep your details up to date and let us know immediately if any information you’ve given us changes. If we discover that any of your information is incorrect, we will update it.
6. How do I close my account?
You can close your account, and so end the agreement, at any time by letting us know. You can also delete your account from within the “Account and Security” area of the mobile application at any time.
7. How is my account protected?
We will help keep your account and personal information safe, secure and private. Your account is password protected to prevent unauthorised access by anyone else.
The data that is entered, transmitted and stored is encrypted to prevent any unauthorised use of the data.
The electronic transmission of data over the internet is never completely secure but we endeavour to make the service as secure as possible and provide a high level of security for your personal healthcare information.
You are also responsible for the safety of your information. You should choose a strong password (or use the biometric unlock function of the app), and be sure that you don”t let anybody else know it. Keep your mobile phone and email account secure and don”t let other people use them. If you suspect that somebody else has used your account without permission, you should reset your password immediately. If in doubt, please get in touch with us.
8. Are there any restrictions on using my account?
All that we ask is that you act reasonably and responsibly when using your account. Do not use it for illegal purposes or in a way that might harm our ability to provide our services.
Please also act in a respectful way towards us and our support staff – we’re here to help you.
9. When we might block or close your account
The safety of your data is important to us. We might prevent you from accessing your account if we’re reasonably concerned about its security. We’ll tell you before, or as soon as possible after, we block or close your account. We’ll also let you know why we’ve done it (unless it would reduce your or our security or it would be unlawful). We may close or suspend your account immediately, and end your access to our website, in exceptional circumstances or where we cease to provide this service. If we are ceasing to provide the service, we will endeavour to let you know in advance.
10. We can change these terms
We’ll only change these terms and conditions for the following reasons:
- if we think it will make them easier to understand or more helpful to you;
- to reflect the way our business is run, particularly if the change is needed because of a change in the way any technology is provided;
- to reflect legal or regulatory requirements that apply to us;
- to reflect changes in the cost of running our business;
- because we are changing or introducing new services or products that affect our existing services or products covered by these terms and conditions.
If we add a new product or service that doesn’t change the terms and conditions of your account, we may add the product or service immediately and let you know before you use it.
Otherwise, you’ll be informed of the changes the next time you use the app or website.
11. Are you responsible if something goes wrong with my account or for information provided through the account?
We’ll do as much as reasonably possible to make sure that our services are not interrupted, are available 24 hours a day and are accessible at a reasonable speed. However, we can’t promise that this will always be the case or that the services will be free from faults. We also rely on some third parties to provide services to you, which can sometimes disrupt our services. we’ll always do our best to solve any problems with our services, no matter what the cause.
We are not responsible for the accuracy, quality and use of all of the information which can be accessed and viewed by you, but we are responsible for some of it.
Our Wellness functionality, including the Wellness Score, assessments, questionnaires, content, blogs and articles are published by us and we are responsible for their quality and accuracy. Often, we will use externally published research, evidence or other external content in the production of such content and where this is the case we will clearly list and link to the references we have used. We are not responsible for external content and we accept no liability for the information (whether accurate or not) that it contains.
We are not responsible for your GP Record or the information it contains; we accept no liability for information (whether accurate or not) on health advice, therapy, diagnosis and or treatment, in patient information leaflets and/or the information contained in medical notes, consultation records and/or other records. Sometimes we may direct you to external websites which may be accessed by and displayed on our software; we accept no liability for the information (whether accurate or not) that they contain. We do however make sure that the information that we provide to you is verified and that the references are available to you, as more fully explained in the FAQs.
12. How to contact us or make a complaint
If you”re unhappy with our service, we’ll try to put things right. We always do our best, but we realise that things sometimes go wrong. If you have a complaint or you’d just like to speak to someone about an issue that’s concerning you, please contact us.
You”ll ideally need to tell us:
- your name;
- the phone number and email address associated with your account;
- when the problem arose; and
- how you’d like us to put the matter right.
We’ll look into your complaint and respond to you by the same method you used to contact us. We will communicate with you in English, unless we tell you otherwise.If you want to write to us, this is our address:
Evergreen Health Solutions Limited
Our email address is [email protected]
Our phone number is 0161 768 6063
13. Permission for us to process your personal information
By entering into the agreement, you are giving us permission to gather, process and store your personal information for the purpose of providing our services to you. This doesn’t affect any rights and obligations you or we have under data protection law.
You can withdraw your permission by closing your account, which will end the agreement between you and us. If you do this, we’ll stop using your information for the purpose of providing our services, but we may need to keep your information for other legal reasons.
14. Our intellectual property
We own all the intellectual property in our products (for example, the content in our app and on our website and our logo). You must not use our intellectual property as your own, except to enjoy our products. You also must not reverse-engineer any of our products (that is, reproduce them after a detailed examination of their construction or composition).
15. Some legal bits and pieces
Our contract with you:
Only you and we have any rights under the agreement.
The agreement is personal to you and you cannot transfer any rights or obligations under it to anyone else.
Our right to transfer:
We will only transfer any of your and our rights or obligations under the agreement if we reasonably think that this won’t have a significant negative effect on your rights under these terms and conditions or we need to do so to keep to any legal or regulatory requirement. When we transfer rights and obligations, we call this “novation”. When we only transfer rights, we call this “assignment”.
English law applies:
The laws of England and Wales apply to these terms and conditions.
The English version of the agreement applies:
If these terms and conditions are translated into another language, the translation is for reference only and the English version will apply.
Our right to enforce the agreement:
If you have broken the agreement between you and us and we don’t enforce our rights, or we delay in enforcing them, this will not prevent us from enforcing those or any other rights at a later date.
Taking legal action against us:
If you want to take legal action against us in the courts, only the courts of England and Wales can deal with any matter relating to these terms and conditions.
Evergreen Life DNA testing:
If you choose to purchase one of our DNA testing services, these additional terms apply
16. Your information rights
Evergreen Life is the Data Controller for the data that we process. This term is a legal phrase used to describe a person or entity that controls the way data is used and processed.
The General Data Protection Regulation gives you a number of rights as a data subject. These rights are listed below:
- You have the right to know how we will use your personal information.
- You have the right to be provided with a copy of your record (the information we hold about you). This is known as a Subject Access Request. This information is available to you through the App, but if you wish to check our full records, please let us know.
- You have the right to object to us making use of your information for any specific purpose. This is addressed in the “Consent” and “Communications Preferences” sections of the App and Website. You may change your consent options at any time. We will monitor these consent records and ensure that your wishes and changes are respected.
- You have the right to rectify any information in your PHR which you believe is inaccurate. As you have control of your PHR through the App, you will normally be able to make changes yourself, but if you believe that we have made an error, or you are unable to make a correction, please contact us. Please remember that you control what information you and anyone you give sharing rights to, is recorded in your Personal Health Record. It is not therefore intended that we routinely review or verify the accuracy of any of this information.
- You have the right to be forgotten. Your App allows you to delete your record at any time. Please let us know if you wish us to delete your data and we will confirm that your data has been removed from our records.
- You have the right to transfer your data to another service provider. If you wish to do this, let us know and we will provide the information in an electronic format.
- You have the right to object to any automated decision making, however we do not carry out any automated decision making within our systems.
We are registered under the Data Protection Act 2018 with the Information Commissioner”s Office (the UK data protection regulatory). Our registration number is ZA119460 and can be viewed online at http://www.ico.org.uk. You can also useful access guidance and information about your data protection rights on this website.
You can make a complaint to the ICO at any time about the way we use your information. However, we hope that you would first consider raising with us any issue or complaint you have about how we handle your personal information. Your trust is extremely important to us, and we will always do our very best to promptly resolve any problems you may have in this regard.
17. Website info on conduct
You are prohibited from posting or transmitting to or from our Website any material:
- that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
- for which you have not obtained all necessary licences and/or approvals; or
- which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
- which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
You may not misuse our Website (including, without limitation, by hacking).
We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of this clause.
Links to third party websites on our Website are provided solely for your convenience. If you use these links, you leave our Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites links on our Website, you do so entirely at your own risk.
If you would like to link to our Website, you may only do so on the basis that you link to, but do not replicate, the home page of the Website, and subject to the following conditions:
- you do not remove, distort or otherwise alter the size or appearance of the Evergreen Life logo;
- you do not create a frame or any other browser or border environment around our Website;
- you do not in any way imply that we endorse any products or services other than our own;
- you do not misrepresent your relationship with us nor present any other false information about us;
- you do not otherwise use any Evergreen Life trademarks displayed on our Website without express written permission from us;
- your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
18. Technical Requirements
The Mobile App is currently only available to users who have an Android or iOS device which is internet enabled. The supported operating systems are as follows:
- Android: 7.0 (and above)
- OS: iOS 11 (and above)
You will also need a minimum of 15MB of spare storage space on your chosen device. We may decide at our sole discretion at any time in the future to discontinue supporting any of these operating systems.
Even if your device adheres to the above technical requirements, we do not guarantee that the Mobile App will work on your device. These technical requirements may be updated from time to time as a result of updates that we make to the Mobile App.
Your device will need an internet connection to access the functionality of the application.
E-life.co.uk has been tested with the most recent version of the following browsers:
- Google Chrome
- Internet Explorer (9+)
Your experience using http://e-life.co.uk will be improved by using the most recent browser available on your platform – with improvements in page layout and design, speed of access and accessibility options
19. Evergreen Life DNA Testing Service (‘Terms’)
Please note: Our DNA Test is provided for your information and research purposes, and is not intended to provide any clinical diagnosis. In particular, we draw your attention to the sections on ‘Risks and Considerations’ and ‘Liability’.
These Terms relate to our supply to you of the Evergreen Life DNA Test (also referred to as ‘DNA Testing’ or ‘DNA Test’ below). Please read these Terms carefully before you submit your order to us.
Who we are. We are Evergreen Health Solutions Ltd (trading as Evergreen Life), a company incorporated and registered in England and Wales with company number 09484935 whose registered office is at Evergreen House, The Edge, Clowes Street, Manchester, M3 5NA
Who you are. You must be 18 years or older and a resident of the United Kingdom at the time of the order to order the Evergreen Life DNA Test.
“App”. The Evergreen Life mobile application (including any new updates, versions or releases), through which you may place an order for a DNA Test
“Sample”. The DNA sample collected by you using the DNA Test Kit.
“Writing” includes emails. When we use the words “writing” or “written” in these Terms, this includes emails
DNA Test bought for you
Please note that if someone else has bought the DNA Test for you as a gift or otherwise, the following sections will still apply to you: Receiving your DNA Kit; and Receiving your results and Personal Data. In addition, any right of cancellation, replacement services and refund remain with the person who placed the order and purchased the DNA Test. If you have any queries please contact us.
Placing an Order
Orders for a DNA Test may be placed by you via the ‘DNA Test’ tab in the App, by clicking the [Order Confirmation] button. You will need to accept these Terms in order to place an order. Our acceptance will take place when we (or our third party payment partner) email you confirmation of the purchase, at which time a contract will form between us.
Price and payment
You will need to pay a fee to use the DNA Testing service. The fee will depend on the type of DNA Testing service you choose. We will make the total cost clear to you before you incur any charges and you will be responsible for any charges incurred from the point you place your order. Further information on the DNA Testing services available with their applicable prices can be found in the ‘Tests’ section of the App.
We use a third-party payment provider to process your payment (Shopify). Payments will be subject to the Shopify Terms in addition to these Terms. Please follow https://www.shopify.com/legal/terms for further details.
Once we receive your payment, we will process your order and send you an Evergreen Life DNA Test kit.
Delivery of the DNA Test Kit at the appointed address
The DNA Test will be posted to you at the address confirmed at the moment of the purchase. If you have requested delivery to someone else, then you confirm that you have their permission to do so and share their contact details with us. We will aim to deliver the DNA Test kit to you as soon as reasonably possible, but note this might take up to 30 (thirty) days in some cases, depending on availability and location. Please contact us if you have any questions regarding your delivery.
We are not responsible for delays outside our control. If our supply of the DNA Test is delayed by an event outside our control (such as but not limited to, limited stock availability or the need to update the DNA Test kit or testing process to reflect changes in relevant laws and regulatory requirements) then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any services you have paid for but not received.
If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of the failure, at which time you should contact our customer support team using these details: contact us
If you do not re-arrange delivery. If after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for returns or any further delivery costs, or the costs of sending an additional DNA Test Kit to you. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and the cancellation clause below will apply.
Receiving your DNA Test kit
The DNA Test kit will be your responsibility from the time we deliver it to the address you gave us until the moment you have successfully returned it to us for the laboratory testing phase.
Once you have received your DNA Test kit you should note that it accompanies instructions for (i) collecting your Sample and (ii) sending your sample to be tested. Please ensure you follow the instructions provided in your DNA test kit as the quality of the sample you send us can affect the quality or accuracy of the results you receive.
We are not be liable for any issues caused by misuse of DNA Test Kits or misreading of the instructions, including but not limited to accidents, the mishandling and/or damaging of the DNA Test kit, its contents and packaging provided.
Collecting your sample
Once a DNA Test kit has been delivered you will need to provide us with a DNA sample (‘Sample’).
You or whoever is taking the DNA Test must register the DNA Test Kit, and confirm consent to perform the DNA Test and process your personal data. Because conducting the DNA Test means we will process your medical (sensitive) data, we will request your consent to do so.
The person taking the DNA Test is responsible for providing consent. You can provide consent by clicking to ‘confirm’ where this option is made available to you by Evergreen Life, or otherwise providing explicit consent in a method requested by us. Failure to provide consent will result in us not being able to provide you with your DNA Test report.
All data is processed in accordance with our privacy notice, which can be found here.
Posting your sample to be tested
Together with your DNA Test kit you will receive instructions to follow the instructions to send the Sample to the address provided, for our partner laboratory who are subcontracted to perform the services, in order for testing to be processed.
You must complete the form enclosed with your DNA Test Kit so that we can carry out the testing on your Sample.
Receiving your results and Personal Data
It may take up to 6 weeks from the receipt of your Sample for the DNA Test results to be ready.
Once the results are ready, we will notify you and you will be able to access your results through the App. Your DNA Test results will then form part of your Personal Health Records on the App.
You will need to retain your registration details and any access code we may provide to you in order to access your DNA Test results on the App. If you do not wish to become an Evergreen User or access results in this way, then please contact us within 14 days of purchase and we would be happy to provide a refund.
Cancellations and refunds
Please note that we will not be able to provide you with a refund or replacement once the DNA Testing has been carried out.
If you change your mind about your DNA Test before we perform the services, we may be able to process a full refund for you if you have notified us within 14 days from the date the order was confirmed. In addition, you must ensure you meet the below conditions to be eligible for a full refund:
· the DNA Test kit must be unopened, unused and in its sealed packaging;
· the DNA Test kit must be returned within 14 days of your notification to us of your intention to cancel; and
· you must follow the further returns instructions as provided by us when you purchase the DNA Test kit .
If you do not return your DNA Test Kit to us in accordance with these requirements, then we may deduct the current cost of the DNA Test Kit from any refund to you for our services. You will be liable for all fees and costs associated with shipping and / or returning of the DNA Test Kit to us, subject to applicable law.
Faulty Kits: If you have already opened your DNA Test kit and, before having collected your Sample, you believe it to be faulty, contact us as soon as reasonably possible via the support page in our App. If the product is confirmed faulty by us, we will either provide you with a replacement DNA Test Kit, offer a refund or an alternative service/product or equivalent value.
Inconclusive Results. Where we have carried out the DNA Testing and more than 5% of your results are inconclusive such that we are unable to provide you with a DNA Test report, we may in our sole discretion choose to:
· give you a full refund of the price of the DNA Testing service you have selected; or
· offer you an alternative product or service either without charge or at a discounted charge, subject to your approval.
Unless otherwise agreed, Evergreen Life will provide refunds in the manner that we received payment from you.
Risks and Considerations
Your DNA Test results provided by us is based on the latest research at the time of purchase and is correct to the best of our knowledge. However, some risks exist and should be considered by you before opting for these DNA Testing services.
The laboratory may not be able to process your sample.
We use a third-party laboratory to carry out the testing on your Sample. The testing may not be possible if an insufficient amount of DNA is collected and sent as the Sample; if the Sample has been contaminated in any way; or is of poor sample quality.
There is also a risk that the results from processing do not meet our standards for accuracy.
If the initial processing fails for any of these reasons, we may offer to send another DNA Test kit to you to collect a second Sample at no charge. If this second attempt at Sample collection is unsuccessful, we may, in our sole discretion provide you with a refund of your payment and cancel the DNA Test or offer an alternative product or service.
The laboratory process may result in errors.
We make every effort to ensure our data is as accurate as possible, with all analyses carried out in an ISO 17025 accredited laboratory according to documented quality systems and procedures. If an error is detected in our genotyping process, we will provide you with the amended DNA results free of charge.
We may not be able to present you with a full complement of results.
It may not always be possible to obtain a clear DNA Test result for some DNA variations (SNPs) due to biological or technical complications. This means that such results are not accurate enough to provide you with a clear report. In such circumstances we may choose not to report a result, and we will inform you that our tests were inconclusive for this data point. The final analysis and DNA Test will be treated as successfully completed if 95% or more of the unique genetic variations that we report on are provided and the DNA test will not be repeated in this case.
Our DNA Test is only provided for your information only.
The DNA Test is only provided for your information and research purposes, therefore the DNA Test report will not provide any clinical diagnosis of medical conditions.
Please ensure you seek the advice of a professional advisor (such as a physician, your GP or other qualified health care provider) before making any changes to your lifestyle, diet or exercise routines.
We or any persons associated with Evergreen Life are not responsible for any consequences, injuries or problems that may occur due to your interpretation of and use of this information.
We will only report to you the genotypes and insights from your genetic data which are included within the DNA Test specification on our App at the time of order, and that are actionable and targeted within our mission of empowering our users to take control of their own health and wellbeing. Your results will not contain any clinical diagnosis.
However, we will also store the raw genotyping data we obtain from your Sample, which will be kept secure and may be requested or managed by you in accordance with your rights under the UK GDPR. This means we hold more data about you than will be provided within your initial report, but may be relevant for future services and reports. Therefore, from time to time and for as long as we are permitted to hold your genotyping data, we may update your DNA Test report and make more results and insights available to you as we discover them (but do not guarantee that we will provide any additional insights or reports after the initial DNA Test). Please note that we will not use your results for any other purpose without your permission.
We are responsible to you for foreseeable loss and damage caused by us.
If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed or raised it with us during the sales process.
We do not provide clinical diagnosis or medical advice
The DNA Test is intended to provide you with health and wellbeing insights, as well as information for your personal use and/or research. We do not provide the DNA Test as, or in relation to, medical advice or a clinical diagnosis, and we therefore exclude all liability for any use or reliance on the DNA Test for these purposes.
If you have concerns about your health and wish to obtain a medical opinion, we recommend you contact your GP.
We are not liable for business losses
The Evergreen Life DNA Testing Service is intended for domestic and private use. We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business related to any commercial opportunity, business or re-sale purpose.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products, including the right to receive products which are: as described and match information we provided to you; of satisfactory quality; fit for any particular purpose made known to us; and supplied with reasonable skill and care; as well as liability for defective products under the Consumer Protection Act 1987
Other points to be aware of
Rights and remedies
Except as expressly provided in these Terms, the rights and remedies provided under these Terms are in addition to, and don’t exclude, any rights or remedies provided by law.
Neither Party shall be liable for a breach of these Terms directly or indirectly caused by circumstances beyond its reasonable control, provided that the affected party notifies the other immediately. This will not apply to requirements to comply with applicable law or anything caused by a party’s wilful act or negligence.
Assignment, subcontracting and third party rights
We have the right to subcontract our obligations and performance of Services under these Terms and we may assign our rights and obligations under these Terms to third parties. You may not assign your rights and obligations under these Terms without our prior written consent.
This contract is between you and us. No other person shall have any rights to enforce any of its terms.
Governing law and jurisdiction
These Terms are governed by the laws of England and Wales. Any legal dispute in relation to is to be resolved at the English and Welsh courts.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
If you have any queries regarding the Evergreen Life DNA Testing service, please contact us.