Terms and Conditions of Supply of Phenix Health

 1. Introduction

https://www.phenix.health (“site”) is owned and operated by Vivocare Limited, a company registered in Scotland under company number SC779393 and with our registered office at 6th Floor Gordon Chambers, 90 Mitchell Street, Glasgow, Scotland, G1 3NQ.

Please read these terms and conditions carefully before proceeding with purchase of our services. By purchasing services on this Site, you agree to be bound by these terms and conditions. If you are not willing to be bound by these terms and conditions, please do not purchase services from this Site.

2. Change to terms

We may update these terms and conditions from time to time. If we make any material changes, we will notify you in advance and provide an opportunity for you to review the updated terms. By continuing to use our services after changes are made, you agree to the updated terms. If the revised terms apply to any ongoing services, we will notify you accordingly.

3. Privacy policy and data protection

Your personal data will be processed in accordance with our Privacy Policy, which complies with the UK General Data Protection Regulation (GDPR) and the Data Protection Act 2018. By providing your personal data, you consent to us processing it for the purposes of delivering our services. Our full Privacy Policy can be viewed at https://www.phenix.health/privacy.

4. Age restriction

You shall not purchase any services from our Site if you are below the age of 18 years old because under this age, you do not have legal capacity to enter into a contract.

5. Acceptance of order

5.1 These Terms will become binding on you and us and a Contract will come into effect between you and us only upon our written acceptance of the order issued to you by email (Email Confirmation) or when we contact you to tell you that we are able to provide the services or products to you. We are not bound by the order unless we accept it in writing.

5.2 If there is any conflict between these Terms and any term of the order, the order will take priority.

6. Entire Agreement

These Terms and the Privacy Policy constitute the entire agreement between you and us and supersedes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.

7. Representations

7.1 You acknowledge and agree that by entering into this Contract with us you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or the Privacy Policy.

7.2 You shall not have any claim for innocent or negligent misrepresentation against us based on any statement in this Contract. Nothing in this clause affects your statutory rights to claim for misrepresentation under consumer protection laws.

7.3 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law.

8. Provision of services

8.1 We will supply the services to you from the date set out in the order for the period specified in the order.

8.2 We will make every effort to provide the services on time; however, there may be delays due to an Event Outside Our Control. Please refer to clause 17 for further details about our responsibilities in such situations.

8.3 We will require certain information from you that is necessary for us to provide the services, such as relevant personal data, health-related information, and other details that may include, but are not limited to, medical history, lifestyle factors, and any other information we deem necessary to assess your suitability for consultation and treatment. We will contact you in writing to request this information. If you fail to provide the necessary information or provide incomplete or inaccurate information, we may suspend the services by giving you written notice. We will not be held liable for any delay or non-performance resulting from your failure to provide the required information. If we suspend the services under this clause, you will not be charged for the services during the suspension, but this will not affect your obligation to pay any invoices already issued.

8.4 We may need to suspend the services temporarily for technical reasons or to implement agreed improvements. We will notify you in advance unless it is urgent or an emergency. During this time, you will not be charged for the services, but this will not affect your responsibility to pay any outstanding invoices.

8.5 If you fail to pay for the services as required, we may suspend the services with immediate effect until payment is made. This does not affect our right to charge interest on late payments.

8.6 If we provide you with a product as part of the services (such as reports, digital content, or any other materials), all intellectual property rights, including copyright and design rights, will remain our property. You are granted a non-exclusive, non-transferable licence to use any materials provided as part of the services for personal use only, and not for commercial purposes, without our prior written consent.

9. Third-Party Service Providers and Liability

9.1 We may engage third-party service providers, including but not limited to Randox, Medichecks, MyVitalMetrics, and other diagnostic partners, to provide certain services (e.g., diagnostic testing, blood testing) as part of our overall offering to you. These services are provided independently by the third-party providers, and we are not responsible for any injury, harm, or damages caused by the negligence of their employees or agents.

9.2 While we facilitate the booking of these services for your convenience, you acknowledge that all services performed by third-party providers are subject to the terms and conditions of the respective provider. Any claims or disputes regarding the services provided by these third parties must be directed to the respective third-party provider.

9.3 You agree that we will not be held liable for any injury, harm, or damages arising from services provided by third-party providers, except where such injury or harm is caused directly by our own negligence.

9.4 Any claims, liabilities, or expenses resulting from negligence, misconduct, or breach of duty by the third-party provider are the responsibility of the third-party provider. In such cases, we will assist in directing your claims to the third-party provider, but we accept no liability beyond what is required by law.

9.5 If you suffer any injury or harm as a result of services provided by third-party providers, you must notify us and the third-party provider as soon as possible, and we will assist you in coordinating any necessary responses or claims with the third party. However, we do not provide financial assistance or compensation for any claims related to the services of third-party providers. Any financial claims must be directed to the third-party provider directly.

9.6 We take reasonable steps to ensure that our third-party providers carry appropriate insurance for their services, and we recommend that you review the terms and conditions of third-party service providers before proceeding with their services.

10. Prescription medication

10.1 For safety reasons, we do not accept returns of prescription medicines. You may only return prescription medicines if we have made a mistake in fulfilling your order, your order is not as described, or it is damaged or faulty. If you believe the prescription medicine is damaged or faulty, you must notify us and provide evidence of the fault within 72 hours of delivery. Once your prescription has been dispensed, refunds will not be provided.

10.2 We reserve the right to refuse, pause, or cancel treatment if:

a) You decline to follow our clinical advice;

b) You refuse to complete a requested blood test, including any follow-up tests;

c) We deem your overall health to be excessively high-risk or too complex to treat, in which case we may share relevant information with your GP or other healthcare provider to ensure safety;

d) We determine that your condition is unsuitable for treatment based on our scope of practice.

11. Consultations and prescriptions

11.1 During consultations, we will assess your health and provide a written health report which may include diagnosis and indication of your health status. We will advise you of the most suitable treatment based on your assessment. Should a prescription be issued, you will be charged, and the first delivery of the prescription will be sent through our partner pharmacy. Please note that professional standards and legal restrictions limit the quantity, type and frequency of the products supplied.

11.2 If, during our clinical assessment, your blood test results or other health data indicate potentially harmful or critical conditions, we will inform you and recommend you seek urgent medical attention from your GP or hospital. It is your responsibility to ensure you are contactable, and we will not be liable if you fail to respond to our communications in such instances.

12. Cancellations and postponements

12.1 If we need to cancel or postpone your consultation or services for any reason, and you cannot agree on an alternative date or time, we will provide you with a full refund for the affected services.

12.2 If you cancel your consultation less than 24 hours before it is scheduled to take place, you may not be entitled to a full refund. In such cases, we will deduct a proportionate amount for any services already provided or preparatory work reasonably undertaken before the cancellation, which will be communicated to you at the time of cancellation. If the cancellation is due to an issue with our service, as outlined in Clause 13.3(c), a full refund will be provided.

12.3 If a consultation or service is provided but you are dissatisfied with the quality, you may follow the steps in clause 13 to report the issue and seek a resolution or refund.

12.4 If you cancel your order after a test kit has been dispatched by our third-party provider but before the sample has been taken, we may deduct a reasonable amount from your refund to cover the cost of the kit and associated handling expenses. This deduction reflects the non-reusable nature of health testing kits and the costs incurred by the provider in preparing and dispatching these items. If the sample has already been taken and sent for testing, whether in transit to the laboratory or already received, the full cost of the test, including analysis and reporting, will be deducted from your refund. This is due to the non-refundable nature of laboratory services, which cannot be halted once the sample is on its way for processing.

13. If there is a problem with the services 

13.1 In the unlikely event that you are not happy with the services:

a) please contact us and tell us as soon as reasonably possible;

b) please give us a reasonable opportunity to repair or fix any defect; and

c) we will use every effort to solve the problem within 28 days.

13.2 As a consumer, you have legal rights in relation to services not carried out with reasonable skill and care. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.

13.3 Before we begin to provide the services, you have the following rights to cancel our services:

a) Subject to clause 11.2, you may cancel any order for services at any time within 14 days of the date of our email confirmation of your order by contacting us. We will confirm your cancellation in writing to you.

b) if you cancel an Order under clause 12.3 (a) and you have made any payment in advance for services that have not been provided to you, we will refund these amounts to you;

c) however, if you cancel an order for services and we have already started providing the services by that time, you will pay us a proportionate amount for the services already provided, including any preparatory work reasonably undertaken before cancellation, which will be communicated to you in advance, and this charge will be deducted from any refund that is due to you or, if no refund is due to you, invoiced to you. We will tell you what these costs are when you contact us. However, where you have cancelled an order because of our failure to comply with these Terms (except where we have been affected by an Event Outside Our Control), you do not have to make any payment to us.

13.4 If we have completed providing the services, you have no right to cancel, even if this is within 14 days of our email confirmation of your order.

14. Termination

14.1 We may terminate the contract for services at any time with immediate effect by giving you written notice if:

a) you do not pay us when you are supposed to. This does not affect our right to charge you interest on late payment; or

b) you break the contract in any other material way and you do not correct or fix the situation within 14 days of us asking you to in writing.

14.2 You may terminate the contract for services at any time with immediate effect by giving us written notice if we break the contract in any material way and do not correct or fix the situation within 14 days of you asking us to in writing. If you terminate the contract for this reason, you will only be responsible for payment for any services already provided or preparatory work reasonably undertaken up to the point of termination. Any prepaid amounts for services not yet provided will be refunded, except where we are entitled to deduct for services already performed.

15. Price and payment

15.1 Prices of the services are specified on our Site and confirmed on the checkout page. We may change our prices any time, but that will not affect the prices for confirmed orders.

15.2 Our prices are inclusive of VAT, where applicable. However, if there is a change in the rate of VAT between the date of the order and the date of delivery or performance, the rate of VAT that you pay will be adjusted, unless you have already paid full purchase price prior to the change in the rate of VAT takes effect.

15.3 Despite our best efforts, there may be incorrect prices on some of the services. If the correct price is less than a price shown on our site, the lower amount will be charged. If the correct price is higher than the price specified on our site, we will inform you of this and ask whether you wish to continue with the order with the actual higher price. If the error in price is obvious, unmistakeable and mispricing could have been recognised reasonably by you, we will not be liable to provide the services or products to you at the lower price that was incorrect.

15.4 Payment for services is to be made in advance by credit or debit card except where agreed otherwise in writing between us.

15.5 If you do not make any payment due to us by the due date for payment, we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of Bank of England. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

16. Limitation of liability

16.1 We are responsible for loss or damage you suffer that is a foreseeable result of our negligence or our breach of the Terms. However, we will not be liable for indirect or unforeseeable losses. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract. Nothing in this clause affects your statutory rights as a consumer, including your right to receive services performed with reasonable care and skill.

16.2 Exceptions to Limitation of Liability

Our liability does not exclude or limit in any way:

(a) fraud or fraudulent misrepresentation;

(b) death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors. For the avoidance of doubt, we are not liable for any injury, harm, or damages caused by third-party service providers.

17. Circumstances beyond our control

17.1 If there is failure to perform, or delay in performance of any of our obligations under these Terms due to Circumstances Beyond Our Control, we will not be liable for such failure.

17.2 Circumstances Beyond Our Control include any act or event beyond our reasonable control, including without limitation lock-outs, strikes, or other industrial action by third parties, riots, civil commotion, terrorist attack or threat of terrorist attack, invasion, war (whether declared or not) or threat or preparation for war, explosion, fire, flood, storm, subsidence, epidemic, earthquake, or other natural disaster, or failure of private or public telecommunications networks.

17.3 If any Circumstances Beyond Our Control affects the performance of our obligations under these Terms:

17.4 you will be notified as soon as reasonably possible; and

17.5 the time for performance of our obligations will be extended and our obligations under these Terms will be suspended for the duration of the Circumstances Beyond Our Control.

17.6 If Circumstances Beyond Our Control occur and continue for more than 30 days and you do not wish us to provide the services, you may cancel the contract. We may cancel the contract if the Circumstances Beyond Our Control continues for more than 30 days. If you cancel the contract under this clause, we will refund any advance payments made for services that were not provided due to the force majeure event.

18.Notice

18.1 Any notice to us should be in writing and sent to us by e-mail at drq@phenix.health.

18.2 Any notice to you will be in writing by e-mail, by hand, or by pre-paid post to the address you provided us with on the order.

19. Miscellaneous

19.1 We may assign our rights and obligations under these Terms to any another person. If there is any such assignment of rights and obligation, we will inform you in writing or by email.

19.2 You cannot transfer your rights and obligations under these Terms to any another person without our written approval.

19.3 This contract is only between you and us. No other third person shall have any rights to enforce any terms.

19.4 Each paragraph of these Terms are separate and distinct form other. If any court or relevant authority determines any clauses of these Terms is unlawful, then such determination will not affect other clauses and all other remaining clauses will remain in effect and full force.

19.5 Our failure to insist that you perform any of your obligations under these Terms, or to enforce our rights against you, or delay in doing so, does not mean that our rights against you have been waived and does not mean that you need not comply with those obligations. Any waiver by us of your default will be only in writing, and it does not mean that we will waive any of your future defaults.

19.6 This contract and any dispute arising from it will be governed by Scots law. The Scottish courts will have exclusive jurisdiction over any disputes arising under or in connection with these Terms. However, if you are a consumer located outside Scotland, mandatory consumer protections in your local jurisdiction will also apply.

20. Contact us

20.1 For any questions or queries you can contact us at drq@phenix.health