SOURCE BIOSCIENCE UK LIMITED TERMS AND CONDITIONS OF USE OF THE
SBS PREPAYMENT CARD
This document (together with the documents referred to in it)
sets out the terms and conditions on which you may use the SBS
Prepayment card to acquire Services and Vouchers from us as defined
1. INFORMATION ABOUT US
BioScience UK Limited ("we" "us" or "our") is a company
registered in England and Wales under registered number 4078501 and
whose registered office is at 1 Orchard Place, Nottingham Business
Park, Nottingham, NG8 6PX.
observe the regulations defined in Clinical Pathology
Accreditation, Good Laboratory Practice and Good Clinical Practice
through compliance with a single quality management system
incorporating all of the aforementioned standards.
are regulated by the Human Tissue Act 2004 and hold a
license from the Human Tissue Authority to store relevant
material for the following scheduled purposes:
- determining the cause of death
- establishing after a person's death the efficacy of any drug or
other treatment administered to him
- obtaining scientific or medical information about a living or
deceased person which may be relevant to any other person
(including a future person)
- public display
- research in connection with disorders, or the functioning of
the human body
- clinical audit
- education or training relating to human health
- performance assessment
- public health monitoring
- quality assurance
these terms and conditions the following words will (unless the
context otherwise requires) have the following meanings:
"Account" the account which we hold associated
with your information into which you may deposit money for the
purposes of buying Services or Vouchers using the SBS Prepayment
"Account Application Form" the form that you
are required to complete and submit to us in order to apply for an
Account to be opened and gain the facility of an SBS Prepayment
"Affymetrix Services" the genomic services to
be provided by us under the Contract which may include any of
custom expression analysis, genotyping services and related
bioinformatics services using Affymetrix technology including,
without limitation, Affymetrix microarrays and scanning device;
"Authorised Users" those individuals that you
have identified on the original Account Application Form as being
authorised to use your Account and SBS Prepayment Card to order
Services or Vouchers from us and, any other individual that you
subsequently wish to add to your list of authorised users of your
account whose name and contact details you submit to us in writing
with instruction that they should be added as an authorised
"Conditions" the conditions set out below and
"Contract" the contract between us and you for
the use of the SBS Prepayment Card comprising these Conditions and
any documents referred to in them;
"Contract Research Services and Custom Sequencing
Projects" those services ordered by you that have been the
subject of express discussion and negotiation between you and us
leading to the preparation of a Quotation as defined herein;
"Routine Sequencing Services" any of the DNA
sequencing services ordered by you which do not fall under the
definition of Contract Research Services and Custom Sequencing
"SBS Prepayment Card" the card issued by us to
you displaying your Account number and our contact details;
"Services" any of the Affymetrix Services, the
Contract Research Services and Custom Sequencing Projects and other
genomic services to be provided by us under the Contract which may
include any of custom DNA sequencing services, expression analysis,
DNA/RNA extraction, whole genome amplification, bioinformatics
services, DNA banking, genotyping services and such other services
which we provide (or agree to provide) to you;
"you" / "your" the
company, academic institution, firm, body or any representative
thereof or any other person who orders the Services using the
SBS Prepayment Card.
"Quotation" an analytical plan which describes
the programme of work which has been agreed between you and us
together with any associated fees;
"Vouchers" -the SBS vouchers which may be
purchased in advance of an order for Services and which give
the holder entitlement to receive routine sequencing services under
the SBS terms of the prepaid voucher scheme.
2.2 Any reference in these
Conditions to "writing" or cognate expressions includes a reference
to facsimile transmission, email or comparable means of
2.3 The headings are for
reference only and will not affect the interpretation of these
2.4 We reserve the right at
any time without liability to correct any clerical, typographical
or other similar errors or omissions made by us.
2.5 References to statutes
or statutory instruments shall be deemed to be references to those
statutes or statutory instruments as the same may be amended or
re-enacted from time to time.
3. APPLICATION OF TERMS
3.1 Subject to clause 3.3,
the Contract shall be on these Conditions and they will govern the
provision and use of the SBS Prepayment Card to the exclusion of
all other terms and conditions (including any terms or conditions
which you purport to apply under any purchase order, confirmation
order, specification or other document).
3.2 No terms, conditions or
warranties endorsed upon, delivered with, referred to or stipulated
or contained in any purchase order or other similar document
delivered or sent by you to us will form part of the Contract.
3.3 No variation to, waiver
of or addition to these Conditions or any representation about the
SBS Prepayment Card will have any effect unless it is expressly
agreed in writing and contains a specific reference to these
Conditions. You acknowledge that you have not relied on any
statement, promise or representation made or given by, or on behalf
of, us which is not set out in the Contract. Nothing in this clause
shall limit or exclude our liability for fraudulent
3.4 By applying for
your Account you are agreeing to these Terms and Conditions.
4. YOUR STATUS
4.1 Where you make an
application for an SBS Prepayment Card, you warrant that:
4.1.1 you are legally capable of entering into
4.1.2 you are at least 18 years old;
4.1.3 you are domiciled in the UK or
5. APPLYING FOR AN SBS PREPAYMENT
apply for an SBS Prepayment Card you must complete the Account
Application Form and submit this to us.
and mail box addresses will not be accepted.
6. ACCOUNTS LIMITS AND USAGE
6.1 SBS Prepayment Cards
will be issued for the purchase of Services and Vouchers only;
6.2 Funds in your Account
will not earn interest.
6.3 We reserve the right to
i) block, ii) decline or iii) apply special security procedures in
respect of transactions, where fraud is suspected or in the event
of other exceptional circumstances.
6.4 The SBS Prepayment Card
requires a minimum individual deposit / top-up level of £100 for
GBP based clients and €100 for clients eligible for the SBS
Prepayment Card who are based outside of the UK and using the Euro
as their currency.
provided by us and credited to your SBS Prepayment Card as part of
a promotion may only be used against your purchase of our Services.
Such funds cannot at any time nor in any event be converted by you
into cash to be withdrawn from your Account.
6.5 If you wish to find out
details of transactions on or information about your Account you
can do so by written request (including email: email@example.com
) to our Customer Services.
6.6 Any refunds for
Services purchased with your SBS Prepayment Card will be made in
accordance with our terms and conditions for the supply of Services
and where a refund is approved will be credited directly to your
Account and a credit note issued.
6.7 If your Account
has insufficient funds available to cover the full payment of the
Services you order, SBS reserves the right to withhold acceptance
of your order until such time as your Account is credited by you
with sufficient funds.
7. KEEPING YOUR CARD SAFE
1 Keep your SBS Prepayment Card safe as it cannot be reissued.
your SBS Account number secure, never disclosing it to anyone other
than your Authorised Users.
If you suspect that someone else knows your Account number, you
must notify us immediately to enable us to suspend your
Once your Account is set up and you have paid funds onto the SBS
Prepayment Card you are recommended to treat it like cash and
maintain it safely and securely to prevent unauthorised access or
8. REPORTING LOST AND STOLEN CARDS
your SBS Prepayment Card is lost, stolen or you suspect your
Account number is being used in an unauthorised manner call us
immediately using the telephone number provided. We will take
immediate action to suspend your Account.
there is a credit balance on your Account we will, at your request
open a new Account and issue a new Card to your current address
transferring any applicable balance and close the old Account.
9. REPORTING TRANSACTION DISPUTES
You are responsible for reviewing and checking the transactions
relating to your Account from invoices delivered to your invoice
address. If you believe that any of the transactions on your
Account were unauthorised you must notify us immediately and in the
event of a mistake or incorrect posting to your Account, you must
notify us as soon as you become aware (and in any event, no later
than ten working days from the date of the relevant invoice).
Upon receipt of your notification of a disputed transaction, we
will conduct an investigation.
If our investigations reveal that there have been incorrectly
executed transactions on your Account as a result of an error then
so long as you notify us within the timescales specified in 9.1, we
will take steps to correct the error and you will not be liable for
the incorrectly executed sums on your Prepayment Account.
10. ADVISING CHANGES OF NAME, ADDRESS OR CONTACT
10.1 If you or
an additional Authorised User of your Account changes name, or
contact details such as postal or email addresses you must notify
us within five working days.
11. AUTHORISED USERS OF YOUR ACCOUNT
11.1 Once your
Card has been dispatched to you by us and your Account opened, it
is your sole responsibility to manage the security and use of your
SBS Prepayment Card and Account.
11.2 You must provide
us with immediate written notification of any changes to your list
of Authorised Users (including additions and deletions).
11.3 Upon receiving
an order on your Account we shall ask for your Account number and
for the name of the person making the order. We will check
that the Account number is correct and that the name given by the
person making the order appears on your existing list of Authorised
Users. In the event that the information given is correct, we
shall accept the order. In the event that there is any
discrepancy in the Account number or name of Authorised User given,
we shall not accept payment for the order via your SBS Prepayment
Card and Account.
11.4 Other than
the control procedure outlined within 11.3, we shall have no
responsibility for unauthorised orders made using your Account
where the individual making the order quotes the correct Account
number and provides a name from your list of Authorised Users.
12. CONFIDENTIAL INFORMATION, PROTECTING YOUR
12.1 Each of you and
us shall keep strictly confidential all information concerning the
business and affairs of the other together with any information
disclosed under the Contract.
12.2 We are the
data controller of any personal data given to us in connection with
12.3 We will process
and retain personal data in order to open, administer and run your
Account and to deal with any enquiries you have about it.
12.4 If we
suspect that we have been given false or inaccurate information, we
may record our suspicion together with any other relevant
12.5 If false or
inaccurate information is provided and fraud is identified, we may
pass details to Fraud Prevention Agencies ("FPAs") to prevent
12.6 We may check all
personal information given by you with FPAs and other
organisations, and we may get information about you from credit
reference agencies to verify your identity. A record of such
enquiries may be left on your file.
12.7 If a debit
balance arises on your Account you will be requested to clear
this amount by return payment and should you not pay back the money
owed when asked we may provide information about you to credit
12.8 Personal data
may also be transferred confidentially to other organisations
within the SBS group of companies so that we can run your
12.9 We reserve
the right to process data in countries outside the European
13. WHAT LAW APPLIES
13.1 The Contract and any dispute
or claim arising out of or in connection with it or its subject
matter of formation (including non-contractual disputes or claims)
will be governed by English law. Any dispute or claim arising out
of or in connection with the Contract or its formation (including
non-contractual disputes or claims) shall be subject to the
non-exclusive jurisdiction of the English courts.
14. RIGHTS AND OBLIGATIONS
14.1 This agreement remains in
force until and unless cancelled in accordance with Clauses
14.2(i), 14.2(ii) or 14.4 below.
14.2 You have the right to;
i. withdraw from this
agreement without cause and without penalty for a period of 14 days
from a) the date on which you open your Account. To do this you
must write to Customer Services and return the Card, cut in
ii. close your Account
at any other time. To do this you must write to Customer Services
and return the Card cut in half. Note: following receipt of your
Card, once all transactions and fees have been deducted, any
balance on your Account (after deduction of any funds provided by
us and credited to your Account as part of a promotion) will be
returned to you subject to you having provided satisfactory
confirmation of your identity and address (where applicable). A
cancellation fee will apply, unless i) we have terminated your
right to use the Card or ii) following a change in these Terms and
Conditions which would leave you disadvantaged.
iii. receive, subject
to payment of a fee, details of the personal data we hold about
iv. receive a copy of
these Terms and Conditions at any time.
14.3 It is your responsibility to make
any Authorised Users of the Account aware of these Terms and
14.4 We have the right to decline
top-ups and transactions.
14.5 You must not spend more than
the credit balance you have on your Account.
14.6 These Terms and Conditions will
continue notwithstanding any action we have the right to take under
15.1 If something which we are not
reasonably able to control stops or delays us from doing something
we are supposed to do under these Terms and Conditions, we will not
be responsible for any loss which you may suffer.
15.2 You will be responsible for
any transactions incurred on your Account if someone else uses your
SBS Prepayment Card quoting your Account number and a name from
your list of Authorised Users.
15.3 The funds on your Account
will be held by us for your use subject to these terms and
16. HOW WILL YOU KNOW ABOUT ANY CHANGES TO THESE TERMS
16.1 We will provide you with
notice of Changes to these Terms and Conditions. We may, at
our sole discretion, provide you with notice, by post, email or
directing you to a web address where you can access the updated
Terms and Conditions. Except in exceptional circumstances, e.g.
customer fraud or a security breach, we will give you 30 days
notice of any material change. Changes will be deemed to have been
accepted unless you notify us to the contrary.