1.1 “Abcodia” means Abcodia Limited of The Network Building, 1 Park Row, Leeds LS1 5AB, e-mail: firstname.lastname@example.org.
1.2 “Clinician” means a healthcare professional who has registered with Abcodia to carry out consultations for you regarding the ROCA® Test. Healthcare professionals who have not registered with Abcodia are unable to provide the ROCA® Test.
1.3 “Consultation” means the initial consultation with your Clinician to assess your eligibility for the ROCA® Test, to determine your lifetime risk of ovarian cancer, and at which the decision of you taking a ROCA® Test is made.
1.4 “Indicative Eligibility Criteria” means the following broad criteria for the appropriateness of the ROCA® Test for women.
PLEASE NOTE THAT THESE ARE INDICATIVE CRITERIA ONLY AND THE CLINICIAN WILL ULTIMATELY BE RESPONSIBLE FOR DETERMINING WHETHER OR NOT YOU SHOULD HAVE THE ROCA TEST:
• are you aged between 50 and 85 years and have been through the menopause?
• are you aged between 35 and 85 with a family history of ovarian and/or breast cancer, are of Ashkenazi (Eastern European) Jewish descent with a family history of ovarian and/or breast cancer, or have tested positively for a BRCA1, BRCA2 or other relevant gene mutation?
1.5 “Follow-up Consultation” means any consultation with your Clinician other than the Consultation.
1.6 “ROCA Test” means the Risk of Ovarian Cancer algorithm owned by Abcodia that analyses CA125 biomarker levels in women meeting the eligibility criteria to determine their risk of contracting ovarian cancer.
1.7 “Website” means www.abcodia.com and/or www.therocatest.co.uk
2. ACCEPTANCE OF TERMS
2.1 In agreeing for your Clinician to request a ROCA® Test, and in providing a blood sample you agree to these Terms and Conditions. By signing the ROCA® Test Request Form you confirm that you have read and accept these Terms and Conditions.
2.2 These Terms and Conditions apply to any ROCA® Test you have.
3. IMPORTANT INFORMATION ABOUT THE ROCA TEST
3.1 Abcodia is not selling you the ROCA Test nor is it guaranteeing that you will be eligible for or entitled to a ROCA Test, even if you have made an appointment to see a Clinician regarding the ROCA Test.
3.2 Before making an appointment to see a Clinician you should give consideration to the Indicative Eligibility Criteria (Clause 1.4).
3.3 It is your responsibility to organise a Consultation with a Clinician and any Follow-up Consultations at a time which is most convenient for you. It is also your responsibility to book and attend the Consultation and all Follow-up Consultations.
3.4 You will be responsible for the costs of any Consultation and all Follow-up Consultations, as well as any other additional tests aside from the ROCA Test that your Clinician may recommend from time to time, such as ultrasound imaging. Abcodia will not be responsible for any failure by either you, or your Clinician to make such arrangements.
3.5 Your Clinician has responsibility for:-
• determining whether or not the ROCA® Test is appropriate for you;
• assessing your lifetime risk of developing ovarian cancer;
• determining which screening plan using the ROCA® Test is appropriate for you given your risk profile (full details of the various screening plans and the prices of such are available on the Website);
• ordering your first ROCA® Test
• determining whether you need any follow-up ROCA® Test and, if so, ordering such for you;
• undertaking all clinical assessments if necessary; and
• advising on your treatment, if necessary
3.6 At the Consultation, your Clinician will counsel you on the possible benefits, risks, limitations, and contraindications of the ROCA® Test and will provide you with an opportunity to ask any questions that you may have.
3.7 If your Clinician decides that the ROCA® Test is suitable for you, the procedure set out in Clause 4 below will be followed.
3.8 Abcodia will not be responsible for advice provided by your Clinician during any Consultation or Follow-up Consultation.
3.9 The decision to stop all or any ROCA testing is entirely up to you, in consultation with your Clinician. It is not a matter for Abcodia.
3.10 Abcodia does not provide medical advice. What you, in consultation with your Clinician, decide to do in response to your ROCA Test result is entirely up to you and your Clinician. It is not a matter for Abcodia.
4. ROCA TEST
4.1 If your Clinician determines at your Consultation that you should have a ROCA® Test, you will be required to sign a Patient Information and Consent form to confirm you understanding and consent for the ROCA® Test.
4.2 Your Clinician will take a blood sample, or will arrange for a blood sample to be taken, which will be sent to an independent laboratory in order for your CA125 level to be measured.
4.3 Abcodia will use this CA125 measure in the ROCA® Test to produce a risk score that provides an indication of your likelihood of having ovarian cancer.
4.4 Your ROCA® Test results are only provided to your Clinician.
4.5 Your Clinician will contact you to discuss your ROCA® Test, determine which screening plan using the ROCA® Test is appropriate for you given your risk profile and, in some cases, recommend you have a follow-up ROCA® Test.
5. PAYING FOR YOUR ROCA TEST
5.1 If your Clinician determines that you should have any ROCA Test and you sign the ROCA Test Request Form, your clinician will bill you for the test.
5.2 The price of any or all of the ROCA Tests may change from time to time, but changes will not affect any order Abcodia has accepted.
6.1 Although we will make every reasonable effort to ensure your ROCA® Test result is delivered to your Clinician within the estimated timescales, we cannot guarantee that your results will not be affected by unforeseen issues affecting the ROCA® Test or our partners.
7.1 As research progresses and scientific knowledge and technology evolve, Abcodia is constantly innovating in order to provide the best possible ovarian cancer screening test. You therefore acknowledge and agree that the form and nature of the ROCA® Test which Abcodia provides may change from time to time.
9.1 These Terms and Conditions will continue to apply until terminated by either you or Abcodia as set out in this Section.
9.2 If you want to terminate your legal agreement with Abcodia, you may do so by notifying Abcodia at any time in writing, which will entail closing your account. Your notice should be sent, in writing, to Abcodia’s address, which is set out at the beginning of these Terms and Conditions. If you provide notice via email, Abcodia will send you an email asking you to confirm your request, and your notice will be effective following receipt of a second email confirmation from you.
9.3 Abcodia may, at any time, by notice terminate its legal agreement with you if:
• you have breached any provision of the Terms and Conditions (or have acted in a manner which shows that you do not intend to, or are unable to comply with, the provisions of these Terms and Conditions) and have failed to remedy such breach on fifteen (15) days notice in writing to you;
• Abcodia is required to do so by law (for example, where the provision of a ROCA® Test to you is, or becomes, unlawful);
• the independent laboratory with which Abcodia offered a ROCA® Test to you has terminated its relationship with Abcodia or has ceased to offer the blood sample processing test to you; or
• the provision of a ROCA® Test to you by Abcodia is, in Abcodia’s opinion, no longer commercially viable.
10. CHANGES TO THE TERMS AND CONDITIONS
10.1 Abcodia may make changes to these Terms and Conditions from time to time to reflect changes in the way we operate, including changes to technology, commercial practice, behaviours, our business, the way the ROCA® Test is performed and applicable law and rules. When these changes are made, Abcodia will make a new copy of the Terms and Conditions available on its Website.
10.2 Abcodia will use reasonable efforts to notify you of any significant changes to the Terms and Conditions.
10.3 You acknowledge and agree that if you have a ROCA® Test after the date on which the Terms and Conditions have changed, Abcodia will treat your use as acceptance of the updated Terms and Conditions.
11. ABCODIA’S LIABILITY
11.1 Save in the event of (a) fraud on the part of Abcodia, or (b) wilful misconduct on the part of Abcodia, or (c) death or personal injury to you resulting from the negligence of Abcodia, Abcodia’s maximum liability to you, in contract, tort or otherwise, shall not exceed to sum paid by you to Abcodia for any ROCA Test.
12.1 Abcodia intends to rely on these Terms and Conditions as setting out the written terms of our relationship with you unless we have both agreed to a separate written agreement between us that expressly prevails over these Terms and Conditions.
12.2 For any dispute with Abcodia, you will first contact us at the address provided at the top of these Terms and Conditions. In the unlikely event that Abcodia has not been able to resolve a dispute it has with you after attempting to do so informally, we will discuss with you and agree the most effective way of resolving our dispute using mediation or arbitration based on the nature of our dispute. Nothing in this section shall prevent either of us from seeking injunctive (emergency) relief or other equitable relief from the courts for matters relating to data security, intellectual property or any other proprietary rights.
12.3 These Terms and Conditions shall be governed by the laws of England and Wales we each agree that any dispute that goes to court will be heard in the courts of England and Wales.
12.4 If you do not comply with these Terms and Conditions and we do not take action immediately, this does not mean that we have given up any rights that we may take action in the future.
12.5 If any provision or section of these Terms and Conditions is found to be unenforceable, this will not affect the remaining provisions or sections.
12.6 You may not transfer any rights or obligations under these Terms and Conditions. Any transfer will be ineffective. We may freely transfer or delegate all rights and obligations under these Terms and Conditions and you consent to such transfer.
These Terms and Conditions are dated 13 July 2015. These supersede all previous terms and conditions.