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Vaginal Microbiome Testing Service - Terms & Conditions (Healthcare Provider)

Vaginal Microbiome Testing Service Terms & Conditions
for Healthcare Providers

Updated: April 1 2025

1. Introduction

These are the Terms and Conditions (“Terms and Conditions”) applying to the agreement between us (“Agreement”) for the supply of the Pelvic Relief vaginal microbiome testing service (“the Testing Service”), including the testing kits comprised within the Testing Service (“Testing Kits”). Please review these Terms and Conditions carefully before submitting your order for the Testing Service; when you place an order for the Testing Service you will be agreeing to these Terms and Conditions. 

These Terms and Conditions explain who we are, how we will provide the Testing Service to you, what to do if there is a problem and other important information. 

If you think that there is a mistake in these Terms and Conditions or any of your order confirmations, please contact us (see contact details in Section 5 below). 

2. Restrictions on using the Testing Service

Please note: the Testing Service is currently only available to healthcare providers who have completed (and maintained) their registration with us, including providing suitable verification documents to demonstrate their status as registered healthcare providers (“Healthcare Providers”). If you are not a Healthcare Provider, then unfortunately you cannot currently place orders for the Testing Service. 

The Testing Service is currently also only intended for UK customers. If you (or your patient) are located outside the UK, please contact us at the contact details in Section 5 below for further assistance.

You understand and agree that you are responsible for assessing the patient and ensuring that the Testing Service is suitable for use by the patient, having made a full assessment of the patient and their condition and any special needs. Without limitation to the above, you understand that the Testing Service is not intended for anyone aged under 18 and agree that you will not offer the Testing Service to any patients that are not aged 18 or older. 

3. The Testing Service

The Testing Service includes the following:

  • The Testing Kit  comprised of:

    • a low vaginal swab test;

    • a pH plastic applicator test; and

    • an instruction leaflet.

  • Vaginal swab sample testing carried out by our third party laboratory.

  • A report containing non-diagnostic general healthcare advice, accessed via the online portal.

Please note: The Testing Service is not a substitute for medical advice. The reports generated by the Testing Service should be used as a screening tool by the Healthcare Practitioner to understand the patient’s vaginal microbiome in the context of their symptoms and health goals. The Testing Service is not a diagnostic test and the results are not intended for use alone as a means to cure, treat, prevent, diagnose or mitigate any disease or medical condition. 

It is the sole responsibility of the Healthcare Provider to assess the patient and ensure that the patient understands the report, their symptoms and the findings of the Healthcare Provider and their recommended treatment. 

4. Who we are

References in these Terms and Conditions to “Pelvic Relief”, “us” and “we” mean “Pelvic Relief”, the trading name of Elgenia Health Ltd., a company registered in England and Wales with company registration number 09833237. Our registered address is Upper Brockington, Bredenbury, Bromyard, Herefordshire HR7 4TH. Pelvic Relief ® is a registered trade mark of Elgenia Health Ltd.

5. How to contact us

If you have any comments, queries or complaints, you can contact us by email at test@pelvicrelief.co.uk or by using our postal address, Pelvic Relief, Upper Brockington, Bredenbury, Bromyard, Herefordshire, HR7 4TH. 

6. If we need to contact you

If we need to contact you, we will do so in writing using the email or postal address provided in your order. 

When we refer to "writing" or "written" in these Terms and Conditions, this includes email communication.

7. Our Agreement with you

Our acceptance of your order and formation of a contract between us for the supply of the Testing Service will take place when we send you an order confirmation email. 

8. If we cannot accept your order

If we are unable to accept your order, we will inform you of this in writing. This might, for example, be because of stock availability, there are capacity limits in processing the tests, or because of an error in the price or description of the Testing Service. If this happens, we will notify you as soon as possible and issue a refund of any sums you have paid for the Testing Service.

9. Making changes to your order

You may only make changes to your order or cancel your order with our written agreement, which shall be at our sole discretion. 

If you wish to make a change/cancel an order, please contact us as soon as possible (see contact details at Section 5). 

10. Changes to the Testing Service and/or Testing Kits

Please note that the Testing Service and/or Testing Kits may not exactly match that shown on our website/marketing materials.

We can always change the Testing Service and/or Testing Kits:

  • To reflect changes in relevant laws and regulatory requirements.

  • To make minor technical adjustments and improvements.

We can suspend supply of the Testing Service and/or Testing Kits to:

  • Deal with technical problems or make minor technical changes.

  • Reflect changes in relevant laws and regulatory requirements.

Unless the problem is urgent or an emergency, we will contact you in advance to tell you we are suspending supply. We will refund any sums that you have already paid for the Testing Service.

11. Dispatching your order

Testing Kit

Once an order for the Testing Service is accepted, we endeavour to dispatch the Testing Kit(s)  within 24 hours. 

We offer three shipping services:

  • Standard Royal Mail 48 hrs Tracked. 

  • Next Day Royal Mail 24 hrs Tracked.

  • DHL Domestic Express 1-2 days.

Although we will do our best to ship within 24 hours, please allow 3-5 working days for standard delivery. Please also note the following:

  • Exclusions such as public holidays apply.

  • Next day orders need to be received by 12 PM to process shipping on that day. Orders received after 12 PM will be shipped on the next working day. Orders received after 12 PM on a Friday will be shipped on the following working day.

  • We are not responsible for any delays in transportation by our carriers, even when a tracked or guaranteed delivery service has been used.

  • If no one is available to receive delivery and order cannot be delivered, you must reschedule delivery or collect it from a local depot.

  • If you fail to accept delivery within a reasonable time after the first attempt, the delivery may be returned to us and you will be responsible for any costs associated with rescheduling delivery.

Sample Testing 

We aim to provide the results of the sample testing within around 10 to 14 days of receiving the sample, but there may be unexpected delays. While we will take all reasonable steps to try to meet this time limit, we cannot promise to do so.

 

12. Risk and Title

The risk of loss or damage to the Testing Kits shall pass to you upon delivery of the Testing Kits. Notwithstanding the transfer of risk, title to the Testing Kits shall remain with us until the full payment for the Testing Service has been received by us. In the event of your insolvency before the title passes, we shall have the right to reclaim the Testing Kits.

 

13. Your rights and remedies if there is a fault with the Testing Service and/or Testing Kit

If you think there is something wrong with the Testing Service and/or Testing Kit, please contact us as soon as possible (see contact details at Section 5).

Testing Kit

We warrant that on delivery and for a period of 6 months from the date of delivery (the “Warranty Period”), the Testing Kits shall:

  • Conform in all material respects with their description.

  • Be free from material defects in design, material and workmanship.

  • Be of satisfactory quality (within the meaning of the Sale of Goods Act 1979).

  • Be fit for the purpose held out by us.

Unless an exception applies (see below) if:

  • You give us notice in writing during the Warranty Period within a reasonable time of discovery that a Testing Kit does not comply with the above warranty;

  • We are given a reasonable opportunity of examining the affected Testing Kit; and

  • You return such Testing Kit to us at our cost,

we shall, at our option, either repair or replace any defective element of the Testing Kit or refund the price of the Testing Service in full. This will be your only remedy for breach of the warranty. These Terms and Conditions shall apply to any repaired or replacement Testing Kits supplied by us.

Testing Service

We warrant that the Testing Service shall:

  • Conform in all material respects with its description.

  • Be free from material defects in design, material and workmanship.

  • Be of satisfactory quality (within the meaning of the Sale of Goods Act 1979).

  • Be fit for the purpose held out by us.

Unless an exception applies (see below) if a sample is lost in the post or the Testing Service does not comply with the above warranties then we shall, at our option, either repeat the Testing Service or refund the price of the Testing Service in full. This will be your only remedy for breach of the warranty. These Terms and Conditions shall apply to any replacement Testing Services supplied by us.

Exclusions

We will not be liable for any failure to comply with the above warranties if: 

  • The Testing Service is used outside of the period of 6 months from delivery of the Testing Kit. 

  • You make any further use of the affected Testing Service after telling us it is non-compliant.

  • The defect arises because you (or your patient) failed to follow our instructions as to the use of the Testing Service. Please note that the success of the use of the Testing Service is dependent on your patient following the instructions correctly and providing all information as requested. Please refer to the annexed instructions below. 

  • You altered the Testing Service without our written consent.

  • The defect arises because of fair wear and tear, wilful damage, negligence, or abnormal conditions.

  • Where a sample is lost, you failed to provide the Royal Mail tracking number to us.

14. Delays outside our control

If our supply of your order is delayed by an event outside our control (such as stock availability), 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 will not compensate you for the delay, but if the delay (either to delivery of the Testing Kit or performance of the Testing Service) is likely to be substantial (ie more than 3 months) you can contact us (See Section 5 above) to cancel the order and receive a refund for any order you have paid for but not received.

15. Limitation of Liability

These Terms and Conditions constitute the entire agreement between us in relation to your order of the Testing Service. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by us or on our behalf which is not set out in these Terms and Conditions and that you have no claim for innocent or negligent misrepresentation based on any statement in the Agreement.

The limits and exclusions in this clause reflect the insurance cover we have been able to arrange and you are responsible for making your own arrangements for the insurance of any excess liability, including in relation to the liability to your patients.

References to liability in this Section include every liability arising under or in connection with these Terms and Conditions and the Testing Service, including liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.

Nothing in this Agreement limits any liability for:

  • Death or personal injury caused by negligence.

  • Fraud or fraudulent misrepresentation.

  • Breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).

  • Any other liability that cannot be limited under English law.

Subject to the above, our total liability to you under this Agreement shall not exceed £1,000,000 for any one event or series of connected events; and neither party will be liable to the other for any loss of actual or anticipated income or profits, loss of contracts or for any special, indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise, whether or not such loss or damage is foreseeable, foreseen or known. 

Terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from this Agreement.

16. Your payment obligations 

Unless amended payment terms have been agreed between us under a distribution agreement, you shall pay for the Testing Service at the time of ordering the Testing Service. 

If you fail to make a payment by the due date, then, without limiting our remedies under Section 18, we shall be entitled to:

  • Charge you interest on the overdue sum from the due date until payment of the overdue sum at a rate of 4% a year above the Bank of England's base rate from time to time; and/or

  • Suspend supply of all/any orders in place for the Testing Service. 

17. Your other obligations to us

You agree:

  • To provide us with true, accurate, current and complete information about yourself at registration and to ensure that the information is kept true, accurate, current and complete by regular updating. Contact details must be kept up to date so we can contact you if necessary.

  • That in registering, placing an order for the Testing Service and using the Testing Service you will comply with all applicable laws and regulations, act in good faith to us and your patients and do nothing to bring us or the Testing Service into disrepute. 

18. Our rights if you are in breach of contract

We can end our Agreement with you and claim any compensation due to us (including enforcement costs) if you:

  • Are in breach of your payment obligations under Section 16 and you still fail to make payment within 14 days of our reminding you that payment is due or if you breach your payment obligations a second time. 

  • Are otherwise in breach of the Agreement between us, including but not limited to your obligations under Section 17.

19. Personal data 

The scope of personal data that we will collect and how we will use it is set out in the Testing Service Privacy Policy. 

You confirm that:

  • You have read and agree to the processing of your personal data as set out in the Testing Service Privacy Policy.

  • You shall ensure that your patients have read and agree to the processing of their personal data as set out in the Testing Service Privacy Policy before sharing their personal data with us or our third parties.

20. Disputes

Please contact us using the contact details at Section 5 if you have any comments, queries or complaints about the Testing Service.  

You irrevocably agree to submit all disputes arising out of or in connection with our Agreement with you to the exclusive jurisdiction of the English courts.

  1. Other important terms apply to our Agreement

  • We can transfer our Agreement with you, so that a different organisation is responsible for supplying all or part of the Testing Service. We will tell you in writing if this happens. 

  • Please note that we currently use a third party, Bio-Me AS (“Bio-Me”), a Norwegian company with office and laboratory at Gaudstadalléen 21, N-0349 Olso, Norway, to analyse the vaginal swabs. We remain responsible to you for the performance of the analysis part of the Testing Service as set out in these Terms and Conditions. 

  • You can only transfer your Agreement with us to someone else if we agree to this. 

  • Nobody else (including your patients) has any rights under this Agreement. This Agreement 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. Your patients will have a contract direct with us under the Vaginal Microbiome Testing Service Terms (End User).

  • If a court invalidates some of this Agreement, the rest of it will still apply. If a court or other authority decides that some of these Terms and Conditions are unlawful, the rest will continue to apply. 

  • Even if we delay in enforcing this Agreement, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you are not allowed to, but that does not mean we cannot do it later.

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Pelvic Relief is the trading name of Elgenia Health Ltd, a company registered in England and Wales under Company Number 09833237 and whose Registered Address is at Upper Brockington, Bredenbury, Bromyard, Herefordshire HR7 4TH, VAT Number 227118426. ®Elgenia Health Ltd, 2025. Pelvic Relief® is a registered trade mark of Elgenia Health Ltd.