Terms and conditions 

BACKGROUND: 

This agreement applies to you, the User of this Website and Functional Diagnostix Ltd, the owner(s) of this Website.  Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately. 

No part of this Website is intended to constitute a contractual offer capable of acceptance.  Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to you indicating that your order has been fulfilled and is on its way to you. 

1. Definitions and Interpretation 

In this Agreement the following terms shall have the following meanings: 

“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website; 
“FDX” means Functional Diagnostix LTD, Rowlandson House, 289-293 Ballards Lane, London, N12 8NP   
“Service” means collectively any online facilities, tools, services or information that FDX makes available through the Website either now or in the future; 
“Services” means the services available to you through this Website, specifically purchasing of blood chemistry services, phlebotomy, pathology, report interpretation software, supplements, genetic or genomic testing, biological testing, and any other offered services; 
“Payment Information” means any details required for the purchase of Services from this Website.  This includes, but is not limited to, credit/debit card numbers, bank account numbers and sort codes; 
“Purchase Information” means collectively any orders, invoices, receipts or similar that may be in hard copy or electronic form; 
“Premises” This means our place(s) of business located at Functional Diagnostix LTD, 2 Woodberry Grove, London, N12 0DR 
“System” means any online communications infrastructure that FDX makes available through the Website either now or in the future.  This includes, but is not limited to, web-based email, message boards, social media, live chat facilities and email links; 
“User” / “Users” means any third party that accesses the Website and is not employed by FDX and acting in the course of their employment;  
“Website” means the website that you are currently using (functionaldx.com, functionaldx.co.uk) and any sub-domains of this site (e.g. subdomain.myfunctionaldx.com, my.functionaldx.com) unless expressly excluded by their own terms and conditions. 
“Refund” means the return of payment, full or partial, for cancelled and unused services and materials  

FunctionalDX products are provided for Phil Richards and or Phil Richards Nutrition Lab Ltd

2. Customers 

These Terms and Conditions apply to customers of Phil Richards (Phil Richards Nutrition Lab Ltd) only.  

You must be at least 18 years old to purchase and/or activate a Product and to provide a sample for testing.

Test results and comments or interpretations provided by your practitioner Phil Richards in relation to those results are for the purposes of information only. They may provide a guide to help you understand your health but do not, and are not intended to, constitute a clinical diagnosis. This service is not a substitute for proper medical investigation and advice, and we do not provide clinical or diagnostic services in relation to the tests.

FDX Reports are based on information available to us at the time, and this information may be insufficient to gain a complete understanding of your health or a particular condition you may be suffering from. If you have any concerns regarding your health or your test results you should discuss them directly with your GP or a doctor.

3. Service product

FDX provide an online service for Phil Richards (Phil Richards Nutrition Lab Ltd) whereby you can order a FunctionalDX blood test online to inform your programme with Phil Richards (Phil Richards Nutrition Lab Ltd).

All blood testing and reporting are provided for and on behalf of Phil Richard Nutrition Lab, and FDX does not contract with members of the public for the services provided. Clients of Phil Richards Nutrition Lab should address all correspondence and queries directly to him or through his site www.philrichardsnutritionlab.co.uk.

Each test must be completed using a blood draw with a qualified phlebotomist. The test may need to be centrifuged. These details are included on the website page, and in your test kit instructions, please read the instructions carefully. Please ensure you are aware of which blood draw service you require.

The blood-draw arrangement and payment is separate from the FDX test. FunctionalDX does not coordinate or pay for the blood draw. You can find a suitable blood draw location here: https://functionaldx.com/blood-draw-location/

To return your completed test please see the instructions.

4. Payment

5. Order Termination and Cancellation 

6. Order Expiry

7. Services, Pricing and Availability 

8. Provision of Services 

9. Intellectual Property 

10. Third Party Intellectual Property 

11. Links to Other Websites 

This Website may contain links to other sites.  Unless expressly stated, these sites are not under the control of FDX or that of our affiliates.  We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.  The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them. 

12. Disclaimers 

13. Changes to the Service and these Terms and Conditions 

FDX reserves the right to change the Website, its Content or these Terms and Conditions at any time.  You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes.  If FDX is required to make any changes to Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future. 

14. Availability of the Website 

15. Limitation of Liability 

16. No Waiver 

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy. 

17. Previous Terms and Conditions 

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise. 

18. Third Party Rights 

Nothing in these Terms and Conditions shall confer any rights upon any third party.  The agreement created by these Terms and Conditions is between you and FDX. 

19. Law and Jurisdiction 

20. Law and Jurisdiction 

These Terms and Conditions and the relationship between you and FDX shall be governed by and construed in accordance with the Law of England and Wales and FDX and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.