Always protecting your Privacy and Personal Health.

Updated 3 March 2022

1. Acceptance of Terms of Use

Welcome to Wild Atlantic Health, an ethical Home Testing and Health Supplement platform that uses nutrition-related blood test results provided by third-party laboratories, body measurements, and biomarkers to deliver results and nutritional and lifestyle guidance and recommendations to help to improve your health and wellbeing.

Please read our Website Terms of Use (“TOU”) carefully. The TOU, our Conditions of Sale and Services (“conditions”) our Privacy and Cookie Policies – collectively known as the “Terms” will govern your access to and use of www.wildatlantichealth.com and all its sub domains (collectively called the “Site’) including an content, services and functionality offered by us through the Site. By accessing or utilising the site you confirm that you are 18 years of age or older, and that you have read, understand and agree to be bound by these Terms and other documents referenced in these Terms.

These Conditions of Sale and Services (“Conditions”) will apply to every order of our Products and Services you place with us via our website www.wildatlantichealth.com. As part of the sale of Products and supply of Services we process your personal data. Please see our Privacy Policy for further details about this processing.

We may revise or update the Terms, our Privacy and Cookies Policy from time to time.

2. Who We Are

The Products and Services are provided by Wild Atlantic Health Limited, a company registered in Ireland, with a company  registration number 672336 and with a registered office at Unit 5 Riverside Grove, Riverstick, Co Cork, P43 DN83 Ireland (the “Company” or “we” or “us”).

3. We Do Not Provide Medical Advice or Medicines

1. The information provided through the Site, the Services, Test Information, and the Products are for general guidance only and are not a substitute for professional medical advice. Neither the Site nor our Services, Test Information, or Products (including Home Test kits and Health Supplements) constitute medical advice and you should always seek the advice of your physician or other registered healthcare professional with any questions you may have regarding any Test Information or status of your health. Wild Atlantic Heath sells food / dietary supplements which are not medicines.

4. Accessing This Site

By accessing and using this Site, you agree to use the Site only for lawful purposes and in accordance with these Terms including:

• When you access the Site, you confirm: (i) that you are 18 years of age or older, (ii) resident in a country from where we will accept Samples and you are accessing the Site from an IP address in one of those countries, (iii) that you are using the Site in your own name and not on behalf of anyone else; (iv) that you will not allow any other person to use the Site under your name, nor will you use the Site and pretend you are someone else, or otherwise seek to disguise your identity; and (v) that you are only using the Site, the Products and the Services for your own benefit and not for the purposes of providing Services to others. If you provide any information that is untrue, inaccurate, non-current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, non-current or incomplete, in addition to any other rights we may have, we may terminate or refuse any and all current or future access or use of the Site (or any portion thereof).

• If you set up an Account with us, you agree to provide contact details that can be used to contact you in relation to your use of the Site, your Order, the Product of the Services. It is important that the details you provide us with are correct, accurate and complete and that you promptly update your Account information for any changes to these details. We will not be liable for any loss or damage caused to you as a result of a failure or omission by you to provide accurate and suitable contact details.

• We will handle all personal information we collect in accordance with our Privacy Policy and Cookies Policy.

• In order to use the Services, you must set up an Account with us by creating a Username and Password. We reserve the right to take any action that we deem necessary to ensure the security of the Site and your Account, including without limitation changing your Password, terminating your Account, or requesting additional information to authorise transactions on your Account. You are solely responsible for keeping your Password and any security questions and responses associated with your Account confidential. Anyone with knowledge of or access to your Password or the security questions and responses associated with your Account can use that information to gain access to your Account. You are solely liable for any claims, damages, losses, costs or other liabilities resulting from or caused by any failure to keep your Password and the security questions and responses confidential, whether such failure occurs with or without your knowledge or consent. You will immediately notify us of any suspected or actual unauthorised access to or use of your Password or any other breach of your Account security.

• You are also responsible for: (i) all transactions or activities carried out using your Account and Password; and (ii) ensuring that when you access the Account that the system you use to access the Account is secure, is not left unattended unless you have fully exited the Account and that your Password is not retrievable from the system by others.

• You are responsible for notifying us if you know or suspect that your Account or Password might be known to a third party. We will not be liable for any loss or damage that you may suffer as a result of your failure or omission to do so. We will have no liability to you or to any third party if any communication by us to you, using contact information provided by you or via your Account, is seen, received or accessible by any third party.

• By using the Site, you acknowledge that the transmission of data over the internet can never be completely secure and you accept the risk that others may be able to read or intercept any information, text, graphics you submit or send to or through the Site. This includes transmissions that are identified as secure or encrypted, and may include the Test Information.

5. Intellectual Property Rights 

Wild Atlantic Health and its affiliates are the owners or the licensees of all Intellectual Property Rights in the Site, including the text, graphics, product designs, formulations, user interfaces, visual interfaces, illustrations, photographs, trademarks, logos and computer code, the design, structure, arrangement, selection, coordination, expression, and ‘look and feel’ of the Site, features, functionality and the material published on it (except where content is specifically identified as third-party content) (together, “Our Content”). All of these rights are protected by copyright and other applicable intellectual property and other laws around the world. All such rights are reserved to the relevant owner or licensee of those works. Your use of the Site and Our Content does not grant you any rights in relation to Our Content other than as set out in the next paragraph. Other than as expressly permitted below, you must obtain our prior written permission prior to using any of Our Content each time you want to use it.

6. Acceptable Use 

6.1. We grant you a limited license to access and use the Site for your personal use, and to copy, distribute and transmit the content of this Site only to the extent that such copying, distribution and transmission is automatically done through your browser software incidentally to using the Site for your own personal use.

6.2. The sale or linking of our products on or to any 3rd party e-commerce Site, marketplace or mobile application without our specific written consent is expressly prohibited.

6.3. Further, (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Site or Services, (b) you shall not frame or utilise framing techniques to enclose any of our trademarks, logos, or other intellectual property (including images, text, page layout, photography, illustrations or forms); (c) you shall not use any metatags or other “hidden text” using our name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Site except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Site (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) except as expressly stated herein, no part of the Site or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (g) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Site. Any future release, update or other addition to the Site shall be subject to this Agreement. We, our suppliers and service providers reserve all rights not granted in this Agreement. Any unauthorized use of the Site or Services terminates the licenses granted by us pursuant to this Agreement.

7.  Reviews, Comments, Communications, and Access to the Site

When submitting a review on the Site you must:

• • focus on your own experience of using our Product and Services; and 

  • provide a description of what you liked or didn’t like about the Product or Services (“Review”).

We may elect to reject and not post your Review for any reason including e.g. it  contains any of the following types of material or breaches other terms or policies made known to you, including, without limitation, to Acceptable Use above:

• • language not suitable for a public forum; 

  • advertisements, ‘spam’ content, or references to other products, offers or websites; 

  • email addresses, links to other websites, or contact information relating to other persons (which includes commercial entities); or

  • hateful, discriminatory, or critical comments about other users or their reviews.

In addition, if you wish to share feedback with us about customer service issues or provide suggestions pertaining  to the Site, Products, Our Content, or Services (“Feedback”), please do not submit this Feedback through the review mechanism. Instead, please Contact Us directly.

Access to the Site is permitted on a temporary basis. We may, temporarily or permanently, elect to limit, suspend, or cancel your use or access to the Site, or any part of it, at any time if we determine that you have or are about to violate these Terms.

You are responsible for making all arrangements necessary for you to have access or use of the Site and for ensuring that your device and computer software meets the minimum specifications and is configured correctly. You should use your own virus protection and firewall software.

You are responsible for ensuring that all persons who access the Site through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.

8. Disclaimers and Exclusion of Liability

8.1 As a consumer, you have certain legal rights. The disclaimers, exclusions and limitation of liability under these Conditions will not apply to the extent prohibited by applicable law. Nothing in these Conditions shall attempt to exclude or limit liability that cannot be excluded under applicable law.

8.2 SUBJECT TO CLAUSE 17.1, IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOSS OF DATA, LOSS OF REPUTATION, LOSS OF PROFITS, LOSS OF EMOTIONAL WELL-BEING CAUSED BY THE TEST INFORMATION, OR ANY LOSSES INCURRED BY ANY THIRD PARTY, ARISING FROM OR RELATING TO THE PRODUCTS OR SERVICES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

8.3 Subject to clause 17.1, our total cumulative liability arising from or in relation to the Product and/or Services, whether in contract or tort or otherwise, is capped at 100% of the amount paid by you for the Products and Services.

8.4 We shall not be in breach of any provision of these Conditions caused by your failure to observe any of your obligations or undertakings contained within the Website Terms of Use or these Conditions.

8.5 We shall not be obliged to provide the Services where you have failed to follow the instructions related to (i) ordering and account set up, (ii) providing and returning the Sample, and (iii) use of the Products.

8.6 The Product images on our Site are for illustration purposes only.

8.7 The provisions of this Section 17 in their entirety shall survive the expiration or termination of this Agreement.

9. General Legal Provisions

9.1 We shall not be liable or responsible for any delay in performance of, or default in our performance of any obligation under these Conditions or under an Order, caused directly or indirectly by any event beyond our reasonable control.

9.2 The construction, interpretation and application of these Conditions shall be governed by the laws of Ireland. Subject to Section 14.3, you agree to submit to the exclusive jurisdiction of the courts of the Republic of Ireland, in respect of any dispute arising out of or in connection with these Conditions.

9.3 If you are a consumer based in the European Union, you may benefit from any mandatory provisions of the law of the country in which you are resident. In addition, you may submit any dispute arising under these Conditions in the courts of the European Union member state where you habitually reside. Nothing in these Conditions, including the preceding paragraph, affects your rights as a consumer to rely on such mandatory provisions of law. You will be entitled to use the platform set up the European Commission for the resolution of disputes relating to online sales contracts (“ODR Platform”). You and we may use the ODR Platform to resolve disputes relating to online purchases through the assistance of an impartial body. The ODR Platform can be accessed at the following link: https://ec.europa.eu/consumers/odr/main/.

9.4 Failure or delay by us to enforce any of these Conditions will not constitute a waiver of our rights against you and does not affect our right to require performance thereof.

9.5 We may sub-contract or delegate the provision of the Services to any entity who provides services to us, to enable us provide the Services to you. No such sub-contracting or delegation shall relieve us of our obligations under these Conditions.

9.6 You are communicating with us electronically when you use the Site or send us an email. You agree that all agreements, consents, notices, disclosures and other communications between the parties that are sent electronically satisfy any legal requirements that such communications be in writing.

9.7 If any part of these Conditions becomes illegal, invalid, unenforceable, or prohibited in any respect under any applicable law or regulation, such provision or part thereof will be deemed to not form part of the contract between us. The legality, validity or enforceability of the remainder of these Conditions will remain in full force and effect.

9.8 These Conditions record the entire agreement between you and us with respect to their subject matter and supersedes all previous agreements, contracts, obligations, conduct, promises, representations, warranties and undertakings, whether written or oral, between you and us in connection with the subject matter.

10. Contact Us

If you have any concerns about material which appears on our Site, or the Terms & Conditions, Privacy or Cookie Policies, please Contact Us or e mail our Data Protection Officer (DPO) dpo@wildatlantichealth.com You may also write to us at: Wild Atlantic Health, Unit 5 Riverside Grove, Riverstick, Co Cork, P43 DN83 Ireland

11. Definitions

“Account” means the account held by us in your name, which holds the information submitted by you to us;

“Accredited Laboratory” means the laboratory(ies) that we select as our testing services provider, who are CLIA  (Clinical Laboratory Improvement Amendments) accredited.

“Cancellation Right” means your statutory right to cancel an Order placed via the Site, as described in Section 11;

“Content” means any material, data, information, software, images, illustrations, photos, advertisements, trademarks or services mark, sounds, videos, marks, expressions, views or opinions, which appear on the Site; 

“Cookies Policy” refers to our cookies policy referred to on the Site; 

“Intellectual Property Rights” means for the purposes of these Terms, trademarks, service marks, trade and business names, domain names, rights in designs, patents, copyrights, database rights, moral rights and rights in know-how and other intellectual property rights in each case whether registered or unregistered and including applications for the grant of the foregoing and all rights or forms of protection having equivalent effect to any of the foregoing, which may subsist anywhere in the world; 

“Order” means an offer by a user to purchase one or more Products and Services from us via the Site;

“Password” means your unique password which shall comply with the format specified by us from time to time, required to access Your Profile and use your Account and the Services; 

“Privacy Policy” means our privacy policy referred to on the Site;

“Product” means a Health Supplement or a Home Test Kit. The Test Kit enables you to take a Sample for testing as appropriate for the type of kit purchased and as sold by us;

“Sample” means a sample of your biological material such as blood, saliva, urine as provided in accordance with the Product instructions;

“Services” means testing the Sample that you send to the Accredited Laboratory, and providing you with the Test Information;

“Test Information” means the results from the Accredited Laboratory for the processed Sample, communicated to you by us via the Site and our staff, as applicable.

“You” or “your” means the user of the Site.

Conditions of Sales and Service
Always protecting your Privacy and Personal Health

Updated: 3 March 2022 

These Conditions of Sale and Services (“Conditions”) will apply to every order of our Products and Services you place with us via our website www.wildatlantichealth.com  and our subdomains (collectively the “Site”) and to Products and/or Services which you purchase from any retail location. As part of the Services we process your personal data. Please see our Privacy Policy for further details about this processing.

1. How These Conditions Work

Wild Atlantic Health enables our customers to have specific micronutrient biomarkers safely checked using our Test Kits from the comfort and privacy of their own home. To avail of Services you must have purchased and / or activated a product from the Site or from a retail location.

Where you purchase the Products and Services on the Site all sections of these Conditions apply in addition to any other terms and conditions provided to you or made accessible for you in connection with the applicable Product or Service. These Conditions also include and incorporate by reference our Health in your Hands – Wild Atlantic Health Website Terms of Use.

YOUR PURCHASE OF ANY PRODUCT OR SERVICE CONSTITUTES YOUR AGREEMENT TO THESE CONDITIONS AND THESE CONDITIONS ARE A LEGAL AGREEMENT BETWEEN YOU AND US.
BY PLACING AN ORDER FOR PRODUCTS AND/OR SERVICES, YOU ARE ACCEPTING AND AGREEING THAT THESE CONDITIONS WILL GOVERN ALL ORDERS YOU MAY PLACE WITH US. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THESE CONDITIONS.YOU REPRESENT AND WARRANT THAT ALL INFORMATION THAT YOU HAVE PROVIDED TO US IS ACCURATE AND COMPLETE AND IN NO WAY MISLEADING GIVEN THE CONTEXT. YOU ALSO REPRESENT AND WARRANT THAT YOU ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OF RESIDENCE TO PURCHASE AND USE THE PRODUCTS & SERVICES AND TO ENTER INTO THESE CONDITIONS. IF YOU DO NOT AGREE WITH ANY OF THESE CONDITIONS, DO NOT PURCHASE THE PRODUCTS OR SERVICES.

Defined terms have the meaning given to them in Section 16 of these Conditions or where defined in the body of these Conditions.

2. Who We Are

The Products and Services are provided by Wild Atlantic Health Limited, a company registered in Ireland, with a company  registration number 672336 and with a registered office at Unit 5 Riverside Grove, Riverstick, Co Cork, P43 DN83 Ireland (the “Company” or “we” or “us”).

3.We Do Not Provide Medical Advice or Medicines

The information provided through the Site, the Services, Test Information, and the Products are for general guidance only and are not a substitute for professional medical advice. Neither the Site nor our Services, Test Information, or Products (including Home Test Kits and Health Supplements) constitute medical advice and you should always seek the advice of your physician or other registered healthcare professional with any questions you may have regarding any Test Information or status of your health. Wild Atlantic Heath sells food / dietary supplements which are not medicines.

4. Online Order Procedure, Payment, Delivery and Cancellation

4.1  We will not accept Orders from users whose IP address is outside, or where the user is resident outside, the countries from where we will accept Samples. When you purchase the Products and Services and access the Site, you confirm (i) that you are 18 years of age or older; (ii) that you are resident in countries where we will send test kits and accept Samples and you are accessing the Site from an IP address in one of those countries; (iii) that you are using the Site in your own name and not on behalf of anyone else; (iv) that you will not allow any other person to use the Site, Products, and Services under your name, nor will you, in using the Products, Services or the Site, pretend you are someone else, or seek to disguise your identity; (v) that you are only using the Site, the Products and the Services for your own benefit and not for the purposes of providing Services to others; and (vi) all information that you provide is complete, accurate and not misleading in any way. If you provide any information that is untrue, inaccurate, non-current, misleading or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, non-current, misleading or incomplete, then we have the right to terminate or refuse any and all current or future access, sale, or use of the Services and/or Products (or any portion thereof), and you may be further liable for providing such information.

4.2 In order for us to process your Order, you must complete the Order submission process which requires you, among other things, to: (i) provide us with personal information including the delivery address for your Product, (ii) purchase a Product that permits use of the type of Sample you are willing to provide, and (iii) confirm

6. Orders and Availability

6.1 When you place an Order for the Product and Services through our Site, you will receive an email acknowledging our receipt of your Order. Your Order will be confirmed, and a binding contract formed, once we collect the purchase price and applicable taxes, and shipping costs from your selected payment method accepted by us (“Order Confirmation”). You should review the invoice immediately upon receipt and notify us of any mistake; no refunds will be issued once your Order is processed other than in accordance with the Cancellation Right detailed below.

6.2 All Orders are subject to review by a physician prior to acceptance by us, and we are under no obligation to accept an Order whether confirmed or not. In the event that a confirmed order is not accepted, a refund will be issued for any paid fees.

6.3 All Products and Services on our Site are subject to availability. In the event that you place an Order for Products or Services which are unavailable for shipment within two weeks, a refund will be issued for any paid fees upon your submission of a cancelation notice.

7. Billing and Payments

7.1 Unless otherwise noted, the prices listed for the Products reflect a single combined payment for the Products and Services. For Products ordered through the Site, the price includes standard delivery and return of the Product to the address provided by you and provision of the Services in accordance with these Conditions and the Terms of Usage. 

7.2 For Products purchased through the Site, you agree to pay the price listed for the Product, the VAT and any other applicable sales or use taxes (to the extent applicable), delivery charges, and any other charges in relation to a Confirmed Order in advance by clicking on the payment button on the Site and following the required procedure.

7.3 By providing a credit card or other payment method accepted by us, you represent and warrant that you are authorised to use the designated payment method and that you authorise us (or our third-party payment processor) to charge your payment method for the total amount of your Order. If the payment method you provide cannot be verified, is invalid, or is otherwise not acceptable, your Order may be suspended or cancelled until you are able to resolve the payment issue.

7.4 We may, in our sole discretion, create discounts and promotional codes that may be redeemed for credit in your account, or other features or benefits, subject to any additional terms that we establish on a per promotional code basis (“Promo Codes”). Promo Codes may only be used once per person. Only Promo Codes sent to you through official Ritual communications channels are valid. You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold, or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by us; (iii) may be disabled by us at any time for any reason without liability to us; (iv) may only be used pursuant to the specific terms that we establish for such Promo Code; (v) are not redeemable for cash; and (vi) may expire prior to your use.

7.5 You may be charged local tax, if applicable. If your payment method is declined, we will attempt to process your charge until the transaction is approved. If we are unable to complete the transaction, we may contact you directly to update your account information.

7.6 We use a third-party service provider for payment services (e.g., credit card transaction processing, merchant settlement, and related services). You hereby consent to provide and authorise Wild Atlantic Health and its third-party service provider to share any information and payment instructions you provide to the extent required to complete payment transactions in accordance with this Agreement, including personal, financial, credit card payment, and transaction information. Upon initial registration of your credit card, you may see a pending charge as part of the authorisation confirmation process. This is not a charge and is used to confirm account authenticity. The pending charge should automatically clear on its own. If you have any issues, please contact info@wildatlantichealth.com  We are not responsible for any fees or charges that your bank or credit card issuer may apply. 

8. Subscription process, renewal and cancellation 

This Section 15 only applies to you if you enrol in our Subscribe & Save option on Home Test kits or Health Supplements.

8.1 Subscribe & Save involves subscribing to a single eligible test kit type over your chosen frequency. By purchasing a subscription, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Your subscription will continue and your payment method will be automatically charged for each successive subscription period at the then-current advertised percentage discount of the current market price for that test kit. Your credit card will be charged on the date stated on the Subscriptions page of your account for the applicable subscription period. We will charge the credit card you used when you created your renewal subscription or as otherwise directed by you. We may submit periodic charges (e.g. at the chosen subscription frequency) until you provide prior notice of cancelation or wish to change your payment method. Such notice will not affect charges before we could reasonably act.

8.2 When purchasing a subscription your orders in your subscription will be sent by standard shipping at no cost.

8.3 To cancel your subscription, you may (i) logon to your Account and follow the cancellation procedures there, (ii) send us a message at support@wildatlantichealth.com and we will do it for you, or (iii) call our customer support line at +353 (21) 477 1570

and speak with one of our customer care specialists who can help you cancel. If you decide to cancel we recommend you do so at least 24 hours prior to the scheduled subscription payment date as subscriptions may be cancelled without charge as long as we receive your cancelation prior to the scheduled subscription payment being processed. This is subject to change but we will let you know if there is a change in our cancellation policy as described in Section 15.8 below.

8.4 You can manage your subscription, including payment details and cancelation by logging into your Account, under the Subscriptions page.

8.5 We reserve the right to adjust the pricing for our Home Test Kits and Health Supplements in any manner and at any time. Wild Atlantic Health will provide you with two (2) weeks’ notice via e-mail of a pricing change. If your billing date for a subscription period falls before the pricing change takes place, you will be charged the prior rate for that subscription period, if your billing date falls outside the two-week notice period, you will be charged the new price. We will set a date for this price to change, and it will depend on when your billing takes place, whether you get charged the current or new price for your next kit, but all future kits will be affected. 

8.6 If your payment is declined, we will place your subscription on-hold for seven (7) days. We will be notified when the payment fails, and we or our vendor will attempt to process payment again in seven (7) days. If the second attempt on the seventh day fails, your subscription will be cancelled. If a payment is declined and you do not wish to wait seven days for re-processing, you may choose to update your payment information on your account and complete payment from your account. Cancellation due to failed payments does not incur any extra charges.

8.7 We reserve the right to adjust these Subscription Terms in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any changes to your subscription Plans will take effect following 30-days’ notice to you via the e-mail you provided at the time you enrolled in the Subscribe & Save plan.

8.8 If you are a consumer in Ireland, prices in connection with the Products or Services provided under this Agreement shall be inclusive of any applicable Value Added Tax (VAT) In all other cases, the payments required under this Section of this Agreement do not include any VAT that may be due in connection with the Products or Services provided under this Agreement. If Wild Atlantic Health  determines it has a legal obligation to collect VAT from you in connection with this Agreement, we shall collect such VAT in addition to the payments required under this Section of this Agreement. If any Products or Services, or payments for any Products or Services, under the Agreement are subject to any Sales Tax in any jurisdiction and you have not remitted the applicable VAT or Sales Tax to Ritual, you will be responsible for the payment of such VAT and Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify Wild Atlantic Health for any liability or expense we may incur in connection with such VAT or Sales Taxes. Upon Wild Atlantic Health’s request, you will provide it with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, “Sales Tax” shall mean any sales or use tax, VAT and any other tax measured by sales proceeds that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.

9. Delivery

9.1 The Product is normally dispatched within two business days of Order Confirmation to the delivery address you provide during the Order submission process, but delivery times may vary. We may be unable to change the delivery address after the Order Confirmation.

9.2 Delivery dates advised by us in an Order Confirmation (consisting of a delivery date for the Product and a date for the provision of the Test Information) are approximate and we will not be liable for any loss or damage due to our failure to meet scheduled delivery dates or for failure to give notice of delay. Time for delivery shall not be of the essence. A Product may be shipped by us to the agreed delivery address in advance of any scheduled delivery date.

9.3 Risk of loss in a Product passes to you upon delivery of the Product to the agreed delivery address.

9.4 If you receive the wrong Products, damaged/faulty Products, or if certain items are absent from the Product, then please Contact Us within seven (7) days of receipt of the Product the following information: the Alpha code, Numerical code and Order ID (or description of the Product), and description of the missing or faulty item(s). Upon receipt of such notice we will arrange for a replacement Product to be sent to you as soon as possible.

10. Cancellation Right

10.1 If you purchase a Product via the Site, you have the right to cancel the contract for the purchase of the Product within fourteen (14) days of delivery of the Product to you. 

10.2 To exercise the right to cancel, you must inform us of your decision to cancel in writing (e.g. a letter sent by Contacting us. You must then promptly return the Product to us within fourteen (14) days from notifying us of your decision to cancel, at your own cost.

10.3 If you exercise your cancellation right under Section 8.1, we will reimburse to you all payments received from you for the Product (other than the differential increase in cost between the cost of standard delivery and an express delivery method selected by you if the Product was shipped), without undue delay and in any event, not later than fourteen (14) days from the date on which we receive the returned Product from you, or the date you provide us with evidence of having sent the Product back to us, whichever is earlier. We will reimburse you using the same means of payment as you used for the initial payment, unless you have expressly agreed otherwise. We will not charge you any fees in connection with the reimbursement.

10.4 The right to cancel an Order does not apply to Products that have been opened or  broken, as these Products are not suitable for return for health protection reasons.

11. Using the Services

11.1 In order to use the Services, you must set up an Account and Activate your Test Kit in accordance with Section 5 of these Conditions. Failure to do so means you will not be able to access Test Information.

11.2 By sending us the Product or any Sample you are formally providing your consent to undergo the related test. You agree that before proceeding with any test, you will read all relevant information provided in these Conditions, the TOU, and the Privacy Policy on the Site, and in any packaging. If you are unsure or if you require any further information, you agree to contact us or a registered healthcare professional for further information.

11.3 Due to the nature of the tests being performed, we cannot and do not warrant that the tests performed or Test Information provided as part of the Services will be entirely or 100% accurate. As such, repeat testing may be required. If you are unsure or if you require any further information, you agree to contact us or a registered healthcare professional for further information.

11.4 You acknowledge that the Test Information does not constitute a definitive diagnosis for any health condition and serves as a guide only. As with all screening tests, in a small number of cases there can be incidences of false-positive and false-negative results

11.5 You acknowledge any Test Information does not constitute a definitive result. As an example Deficient, Insufficient, Sufficient, Optimal Test levels for Vitamin D,  does not constitute a definitive diagnoses and further testing will be required from your physician or other registered healthcare professional. For example, a person with a deficient vitamin D reading may not have chronic disease while a person with an optimal level may have a chronic disease. Abnormal or elevated test results require further testing from your physician or other registered healthcare professional. Further, if test results are normal, but symptoms remain you should be examined by your physician or other registered healthcare professional.

11.6 The Services are limited to the Services as defined in Section 16 below. If you require medical advice or counselling in addition to the Services, you should seek the advice of your physician or other registered healthcare professional. In some events, an employee or contractor of Wild Atlantic may contact you regarding a test result, Product or Service. Such contact, and any discussions relating to it, are provided as a courtesy and not as part of the diagnosis or treatment of any disease or to be considered the practice of medicine, nursing, nutritional consult or any other profession. In all events, seek the advice of a licensed clinician should you have any questions about tests or test results.

11.7 Any failure to comply with your obligations as outlined in this Section 9, particularly with regard to re-testing is entirely your responsibility.

11.8 You Acknowledge and Agree:

11.9.1 to comply fully with all instructions included with the Product and to return the Sample in the Product within the time set out in the Product Instructions;

11.9.2 to provide us with such information or evidence of identity as we may be required to obtain from you by applicable law from time to time;

11.9.3 to disclose to us honestly and to the best of your knowledge any information that may affect or impact the test result;

11.9.4 to use the Site, the Products and the Services only for lawful purposes and in accordance with these Conditions and you further agree not to induce fear, harass or be abusive to any of our staff, or the staff of our Accredited Laboratory partners,

11.9.5 not to use the Products and/or the Services for resale or in any way that breaches any applicable local, national or international law or regulation; and

11.9.6 that when you submit an Order for the Services through this Site including acquiring one or more Products, through this Site, that you have selected the Products. Notwithstanding any descriptions of any Services or recommendations from the Site or any of our staff, you acknowledge that you have not relied upon any advice from us in terms of Product suitability or other medical issues.

12. Submitting the Sample

When submitting a Sample, you must return the collection card in accordance with the instructions provided with the Product. If you do not provide an adequate Sample, utilise the Product in a manner that is contraindicated or not consistent with any instructions, or do not return the Sample within the instructed timeframe, we may not be able to provide you with the Test Results. Further, failure to return the Sample within the timeframe set forth in the Product instructions may result in inaccurate and unreliable readings of the Sample.

13. Setting Up Your Account

13.1 In order to use the Services, you must Sign up and set up an Account and once you have taken the test then Activate the individual Test Kit to your Account using the alphanumeric code printed on the collection card. To open an Account, please go to the ‘account section’ in the registration area on the homepage of the Site and provide the details requested.

13.2 You agree that you will only set up one (1) Account with us through the Site. When you create an Account with us you agree to provide accurate contact details that can be used to contact you in relation to your Order, the Product or the Services. It is important that the details you provide us with are correct, accurate and complete and that you tell us promptly of any changes to these details. We will not be liable for delayed provision of Services, failure to provide the Services, or for communications that you do not receive, as a result of a failure or omission by you to provide accurate and suitable contact details.

13.3 In addition to the terms set forth herein, your Account is subject to the terms in our TOU and we will handle all personal information we collect from you in accordance with our Privacy Policy or our Cookies Policy. Our Privacy Policy, Cookie Policy, and/or TOU may be amended from time to time in accordance with the terms therein.

13.4 To register a Product kit, go to the “Activate Test” section of the Site, sign into your Account (or create an Account if applicable) and provide the code from the Product kit as requested.

14. Test Information

14.1 You will be sent an email notifying you when Test Information has been made available to your Account. If your Test Information is negative or nonreactive, please refer to Section 10.8.1 and the relevant Incubation Periods for your Test. Further, if the Test is normal but you still exhibit symptoms, you should make an appointment with your physician or registered healthcare professional.

14.2 If you have a positive, reactive or detected result for any of our Tests you will need a further confirmatory / diagnostic test from a physician or registered healthcare professional.

14.3 The Services may include, in respect of a user whose Test information indicates a positive, reactive, detected or elevated Test Result, receiving a phone call from one of our staff in order to provide relevant information and to recommend or discuss any follow-up with a registered healthcare provider who can offer support to the user.

14.4 If you have concerns with the Test Information you should consult with your physician or another registered healthcare professional or contact a member of our team who will be able to direct you to other sources of support within the scope of the Services. If you purchase Products and Services and receive Test Information during an Incubation Period that is relevant to you, irrespective of the Test Information, you agree to retest either through us or through your physician or other registered medical practitioner once the Incubation Period has passed.

15. Disclaimers and Exclusion of Liability

15.1 As a consumer, you have certain legal rights. The disclaimers, exclusions and limitation of liability under these Conditions will not apply to the extent prohibited by applicable law. Nothing in these Conditions shall attempt to exclude or limit liability that cannot be excluded under applicable law.

15.2 SUBJECT TO CLAUSE 13.1, IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOSS OF DATA, LOSS OF REPUTATION, LOSS OF PROFITS, LOSS OF EMOTIONAL WELL-BEING CAUSED BY THE TEST INFORMATION, OR ANY LOSSES INCURRED BY ANY THIRD PARTY, ARISING FROM OR RELATING TO THE PRODUCTS OR SERVICES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

15.3 Subject to clause 13.1, our total cumulative liability arising from or in relation to the Product and/or Services, whether in contract or tort or otherwise, is capped at 100% of the amount paid by you for the Products and Services.

15.4 We shall not be in breach of any provision of these Conditions caused by your failure to observe any of your obligations or undertakings contained within the Website Terms of Use or these Conditions.

15.5  We shall not be obliged to provide the Services where you have failed to follow the instructions related to (i) ordering and account set up, (ii) providing and returning the Sample, and (iii) use of the Products.

15.6 The Product images on our Site are for illustration purposes only.

15.7 The provisions of this Section 13 in their entirety shall survive the expiration or termination of this Agreement.

16. General Legal Provisions

16.1 We shall not be liable or responsible for any delay in performance of, or default in our performance of any obligation under these Conditions or under an Order, caused directly or indirectly by any event beyond our reasonable control.

16.2 The construction, interpretation and application of these Conditions shall be governed by the laws of Ireland. Subject to Section 14.3, you agree to submit to the exclusive jurisdiction of the courts of the Republic of Ireland, in respect of any dispute arising out of or in connection with these Conditions.

16.3 If you are a consumer based in the European Union, you may benefit from any mandatory provisions of the law of the country in which you are resident. In addition, you may submit any dispute arising under these Conditions in the courts of the European Union member state where you habitually reside. Nothing in these Conditions, including the preceding paragraph, affects your rights as a consumer to rely on such mandatory provisions of law. You will be entitled to use the platform set up the European Commission for the resolution of disputes relating to online sales contracts (“ODR Platform”). You and we may use the ODR Platform to resolve disputes relating to online purchases through the assistance of an impartial body. The ODR Platform can be accessed at the following link: https://ec.europa.eu/consumers/odr/main/.

16.4 Failure or delay by us to enforce any of these Conditions will not constitute a waiver of our rights against you and does not affect our right to require performance thereof.

16.5 We may sub-contract or delegate the provision of the Services to any entity who provides services to us, to enable us provide the Services to you. No such sub-contracting or delegation shall relieve us of our obligations under these Conditions.

16.6 You are communicating with us electronically when you use the Site or send us an email. You agree that all agreements, consents, notices, disclosures and other communications between the parties that are sent electronically satisfy any legal requirements that such communications be in writing.

16.7 If any part of these Conditions becomes illegal, invalid, unenforceable, or prohibited in any respect under any applicable law or regulation, such provision or part thereof will be deemed to not form part of the contract between us. The legality, validity or enforceability of the remainder of these Conditions will remain in full force and effect.

16.8 These Conditions record the entire agreement between you and us with respect to their subject matter and supersedes all previous agreements, contracts, obligations, conduct, promises, representations, warranties and undertakings, whether written or oral, between you and us in connection with the subject matter.

17. Contact Us

If you have any concerns about material which appears on our Site, or the Terms & Conditions, Privacy or Cookie Policies, please Contact Us or e mail our Data Protection Officer (DPO) dpo@wildatlantichealth.com You may also write to us at: Wild Atlantic Health, Unit 5 Riverside Grove, Riverstick, Co Cork, P43 DN83 Ireland

18. Definitions

“Account” means the account held by us in your name, which holds the information submitted by you to us;

“Accredited Laboratory” means the laboratory(ies) that we select as our testing services provider, who are CLIA  (Clinical Laboratory Improvement Amendments) accredited.

“Cancellation Right” means your statutory right to cancel an Order placed via the Site, as described in Section 11;

“Content” means any material, data, information, software, images, illustrations, photos, advertisements, trademarks or services mark, sounds, videos, marks, expressions, views or opinions, which appear on the Site; 

“Cookies Policy” refers to our cookies policy referred to on the Site; 

“Intellectual Property Rights” means for the purposes of these Terms, trademarks, service marks, trade and business names, domain names, rights in designs, patents, copyrights, database rights, moral rights and rights in know-how and other intellectual property rights in each case whether registered or unregistered and including applications for the grant of the foregoing and all rights or forms of protection having equivalent effect to any of the foregoing, which may subsist anywhere in the world; 

“Order” means an offer by a user to purchase one or more Products and Services from us via the Site;

“Password” means your unique password which shall comply with the format specified by us from time to time, required to access Your Profile and use your Account and the Services; 

“Privacy Policy” means our privacy policy referred to on the Site;

“Product” means a Health Supplement or a Home Test Kit. The Test Kit enables you to take a Sample for testing as appropriate for the type of kit purchased and as sold by us;

“Sample” means a sample of your biological material such as blood, saliva, urine as provided in accordance with the Product instructions;

“Services” means testing the Sample that you send to the Accredited Laboratory, and providing you with the Test Information;

“Test Information” means the results from the Accredited Laboratory for the processed Sample, communicated to you by us via the Site and our staff, as applicable.

“You” or “your” means the user of the Site.