1.1 In these Conditions, the following definitions apply:

2.1 - The Services, when purchased by the Client using the Order Form, constitutes an order for the Services specified therein and shall only be deemed to be accepted when confirmed by the Supplier.

2.2 - The Contract constitutes the entire agreement between the Client and Supplier. Each party acknowledges that it has not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of the other party which is not set out in the Contract.

2.3 - All information supplied by the Client to the Supplier is genuine and accurate. This includes details of health history and contraindications to physical assessment or exercise testing (e.g. current/ previous injury or disease). All such details must be disclosed before the Services are undertaken.

2.4 - The Client will provide written informed consent, health history and confirmation of their capability to safely undertake physical assessment/ exercise testing in accordance with the Supplier’s internal laboratory procedures (available on request). The Supplier reserves the right to withhold Services until these have been provided as per clause 3.11.

2.5 - The Client is responsible for deciding on the suitability of the Services offered for any particular purpose and for the consequences arising.

2.6 - Nothing in these Conditions excludes or limits the Supplier’s liability for death or personal injury caused by its negligence, fraud, or any other liability which cannot be excluded by law. Subject to this, the Supplier shall not be liable for any indirect or consequential loss arising out of or in connection with the Services.

2.7 - The Supplier aims to provide a high-quality Service at all times. If the Client is not satisfied with the Service received, they should put a complaint in writing to the Supplier; at khpl@kingston.ac.uk. The Supplier will endeavour to look into any complaint promptly and to explain the position to the Client. The Supplier will do its best to resolve any complaints or concerns; however, any decision by management is final.

2.8 - All sales made by the Supplier are made on these Conditions. These Conditions shall apply to all Contracts to the exclusion of all other terms and conditions. No variation of these Conditions will be binding on the Supplier unless confirmed in writing by the Supplier. The Supplier may from time to time alter these Conditions at its discretion. Current Terms and Conditions can be obtained from the Supplier at any time.

3.1 - The Supplier shall supply the Services to the Client at the earliest mutually convenient opportunity, and as described on the Website. This includes all consultations, physical assessments, data analysis/ interpretation and report writing.

3.2 - Written results and reports will be provided no later than 30 days after the date of any physical assessment, unless pursuant with clause 3.3.

3.3 - All equipment and premises used for supply of Services are subject to regular quality control, reliability testing, calibration and annual supplier /manufacturer servicing. These documents are available upon request. However, in the event of equipment/ premises failure, the Supplier shall immediately communicate this to the Client in writing and attempt to resolve the problem. In the event of delay due to equipment failure, the Supplier shall attempt to reschedule Services at the earliest possible opportunity. In the event of cancellation due to equipment failure, the Supplier shall offer a full refund of Charges as per clause 8.

3.4 - The Supplier warrants to the Client that the Services will be provided using reasonable care and skill.

3.5 - The Supplier shall have the right to make any changes to the Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services, and the Supplier shall notify the Client in any such event.

3.6 - The Supplier warrants that physiological samples (e.g. blood) are handled with care and are stored in refrigerated conditions as detailed according to Human Tissue Act (2004) sample storage guidelines at Kingston University, School of Life Sciences, Pharmacy & Chemistry, Penrhyn Road, Kingston University London (HTA license #12419).

3.7 - Any data derived from the Services will not be released to any third party other than in accordance with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (and regulations made thereunder).

3.8 - The Supplier will not be liable to the Client for any loss or damage direct or indirect, caused or occasioned by any delay howsoever arising from the performance of the Services.

3.9 - All Services administered have undergone full risk assessment and are compliant under local (Kingston University) health and safety policy. Risk assessments are available upon request. However, the client acknowledges that exercise testing involves inherent risk of injury and/ or illness. The Supplier shall not be liable for any loss or damage suffered by the Client as per clause 2.6.

3.10 - The supplier makes no representation, expressed or implied that the result of analysis is fit for any particular purpose. The Services will provide general health and fitness information/ recommendations only.

3.11 - The Supplier reserves the right to refuse Services in the following circumstances:

(a) Failure of the Client to provide informed consent for exercise testing or health history in accordance with the Supplier’s internal laboratory procedures (available on request).

(b) The Client’s health history assessment indicates contraindications to exercise that would preclude the Client from the Services being administered in accordance with the Supplier’s internal laboratory procedures (available on request).

(c) The Client attends any exercise testing assessment without appropriate clothing for the Services being provided such that they violate local Kingston University health and safety policy or if they are under the influence of recreational drugs or alcohol.

5.1 - In these terms and conditions “Proprietary Information” shall mean any information or data in whatever form, nature or media disclosed by any Parties (the “Disclosing Parties) to the other (the “Receiving Parties”) pursuant to the Contract. The Receiving Parties undertake that such information will:

5.2 - Be protected and kept in strict confidence by the Receiving Parties which must use at least the same degree of precaution and safeguards as it uses to protect its own proprietary information of like importance, but in no case less than reasonable care;

5.3 - Be only disclosed to and used by those persons within the Receiving Parties’ organisation who have a need to know and solely for the Contract;

5.4 - Not be used in whole or in part for any purpose other than the performance of the Contract;

5.5 - Neither be disclosed nor caused to be disclosed whether directly or indirectly to any third party or persons other than those mentioned in sub-paragraph (b) above or as otherwise permitted herein;

5.6 - Neither be copied, nor otherwise reproduced nor duplicated in whole or in part where such copying, reproduction or duplication has not been specifically authorised in writing by the Disclosing Parties.

6.1 - For the purposes of data protection legislation, Kingston University Enterprises Ltd (‘KUEL’) is the data controller for the personal data processed in connection with the Services.

6.2 - The parties shall comply with their data protection obligations under all applicable data protection and privacy legislation in force from time to time in the UK including the retained EU law version of the General Data Protection Regulation ((EU) 2016/679) (UK GDPR); the Data Protection Act 2018 (and regulations made thereunder) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended. Kingston University Enterprises Ltd is listed in the ICO register of fee payers Registration number Z5171532.

6.3 - For the purposes of this clause, Personal Data has the meaning set out in the Data Protection Act 2018 (DPA) and relates only to personal data, of which the Supplier is the processor and in relation to which the Supplier is providing Services.

6.4 - By ordering the Service, the Client consents to the Supplier processing Personal Data in accordance with their Privacy Policy, which can be accessed on the Website.

6.5 - The Client’s personal data will be retained for two years following completion of the Services, after which it will be securely deleted.

6.6 - The Supplier shall process the Personal Data only to the extent that, and in such a manner, as is necessary for the performance of the Services and shall not process the Personal Data for any other purpose without the Client’s consent.

6.7 - The Supplier shall not transfer the Personal Data outside of the United Kingdom unless in accordance with the provisions of the DPA European Economic Area without the Client’s written consent.

6.8 - The Client’s data will not be shared or processed by any 3rd party, as per the Privacy Policy.

6.9 - The details of data processing are as follows:

7.1 - The Supplier is providing its Website and all Materials, on an ‘as is’ basis and makes no representations or warranties of any kind with respect to its Website/Materials or its contents and disclaims all such representations or warranties to the fullest extent permitted by law. In addition, the Supplier makes no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information and related graphics published on the Website/Materials. The information contained on the website may contain technical inaccuracies or typographical errors. All liability of the Supplier howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.

7.2 - Neither the Supplier nor any of their directors, employees or other representatives will be liable for loss or damage arising out of or in connection with the use of the Website or Services. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.

7.3 - Notwithstanding the foregoing, none of the exclusions and limitations in the clause are intended to limit any rights the Client may have as a consumer under local law or other statutory rights which may not be excluded nor in any way to exclude or limit liability to the Client for death or personal injury resulting from our negligence.

8.1 - In line with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, the Client has the right to cancel this contract without giving any reason providing that the Services have not been completed or that the notice given is not within 24 hours of the scheduled date and time of any consultation or physical assessment “Session”. The cancellation period will expire 24 hours from the time and day of the Session.

8.2 - To exercise the right to cancel or postpone a Session, the Client must inform the Supplier of the decision to cancel the Contract or postpone a Session by clear statement via e-mail to the Supplier, at khpl@kingston.ac.uk. To exercise the cancellation and postponement deadline, it is sufficient for the Client to send communication concerning the exercise of the right to cancel before the cancellation period has expired.

8.3 - All cancellation or postponement notices must be sent by email to khpl@kingston.ac.uk. Notices sent by post or to any other address will not be valid.

8.4 - If the Client cancels the Contract within the cancellation period and prior to completion of the Services, the Supplier will reimburse all payments received from the Client. The Supplier will make the reimbursement without undue delay, and not later than 28 days after the day on which the Supplier is informed about the decision to cancel the Contract. The Supplier will make the reimbursement using the same means of payment the Client used for the initial transaction and the Client will not incur any fees because of the reimbursement.

8.5 - In the event the Client cannot fulfil the Contract (e.g. due to loss of health or injury) and needs to cancel or postpone, the following rules shall apply.

(a) If > 24 hours notice is provided before the first scheduled Session, the Client shall be offered the opportunity to reschedule or cancel and receive a full refund.

(b) If < 24 hours’ notice is provided or the Client fails to attend a scheduled Session, they will be able to reschedule or cancel and receive a refund of 50% of the total Charges relating to the Service.

(c) If the Client has previously rescheduled a Session giving < 24 hours’ notice, any further cancellation, even when > 24 hrs before the rescheduled Session will only be eligible for a 50% refund.

(d) If the Client fails to attend a scheduled Session on three separate occasions, the Supplier reserves the right to cancel the contract, and no refund will be given.

8.6 - In the event the Supplier cannot fulfil the Contract due to any unforeseen circumstance or reason beyond their control, the Client will be offered a full refund.

9.1 - The Contract is made between the Supplier and the Client and shall not be assignable by the Client. The Supplier may sub-contract the performance of the Contract in whole or in part if necessary.

9.2 - These Conditions together with the Order Form and payment method instructions, if any, are the whole agreement between the Client and the Supplier. The Client acknowledges they have not entered into this Contract in reliance upon any warranty or representation made by the Supplier or any other person and the Client waives any rights to damages/compensation they may have for misrepresentation (other than a fraudulent misrepresentation) that is not contained in the Conditions, Order Form and payment method instructions.

9.3 - The Client shall indemnify the Supplier for losses, damages, or reasonable costs arising directly from the Client’s breach of these Conditions, misuse of the Services, or negligent or unlawful acts. The Client shall not be responsible for any losses arising from the Supplier’s own negligence, breach, or failure to perform the Services with reasonable care and skill.

9.4 - The contents of the Website and Materials are protected by international copyright laws and other intellectual property rights. The Supplier owns these rights unless otherwise indicated. All product and company names and logos mentioned on the Website/Materials are the trademarks, service marks or trading names of their respective owners, including the Supplier. The Client may download material from the Website for the sole purpose of placing an order with the Supplier.

9.5 - If any provision of these Conditions is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable that will not affect the other provisions of these Conditions - which will remain in full force and effect. Where any provision of these Conditions is found to be invalid or unenforceable but would be valid or enforceable if some parts of the provision were deleted, the provision in question will apply with such modification(s) as are necessary to make it valid and enforceable.

9.6 - Except for the Supplier’s affiliates, directors, employees or representatives, a person who is not a party to the Contract has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract but this does not affect any right or remedy of a third party that exists or is available from that Act.

9.7 - These Terms and Conditions are governed by and construed in accordance with the laws of England and Wales, and subject to the exclusive jurisdiction of the English Courts.

Version 1.0, published 14/04/2026.

Written by Dr Simon Augustus

Approved by Guy Guppy