COVID19 HEALTH CLINICS LIMITED TERMS AND CONDITIONS
1. THESE TERMS
1.1. What do these terms cover?
These are the terms and conditions on which we provide our services to you.
1.2. Why you should read them.
Please read these terms carefully before you use or make a booking for our services. These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
2. INFORMATION ABOUT US
2.1. Who are COVID19 Health Clinics?
COVID19 Health Clinics Limited, trading as COVID19 Health Clinics, a company registered in England and Wales with company registration number 13341322 and registered address at 73 Newtown Road, Malvern, United Kingdom, WR14 1PD.
2.2. What services do COVID19 Health Clinics offer?
2.2.1. We are Government approved private provider of COVID-19 testing to general public including the gold standard RT-PCR, PCR Fit to Fly, Day 2 and 8 PCR test, Test to Release (TTR), Antigen and Antibody testing. We also deliver effective COVID-19 screening solutions to business and corporate clients including film and media in the United Kingdom.
2.2.2. A Fit to Fly certificate test result is a certificate signed by a doctor registered with the General Medical council and stamped by a clinic accredited with the Care Quality Commission. The letter confirms that you tested negative for SARS-Cov-2 (COVID-19)and are safe to travel abroad.
2.2.3. All International arrivals to England have to quarantine for 10 days. You must take a COVID RT-PCR test on or before day 2 (of quarantine period) and COVID RT-PCR test on or after day 8 (of quarantine period). If you arrive from RED LIST COUNTRY, you do not require day 2 and 8 test must quarantine in UK Government “managed quarantine” services.
2.2.4. If you are arriving at UK from international travel, you must quarantine for 10 days on arrival. Under Test to Release you can pay for a private COVID 19 PCR Test after 5
full days after arrival. If the result is negative, you can end your quarantine. If the result is positive, you must quarantine for another 10 days from the day you took the COVID 19 PCR test.
2.2.5. An Antigen test is a government approved SARS-CoV-2 (COVID-19) test which confirms if you are currently infected with the virus. The test works by detecting the presence of a protein called the N-Protein which is part of the SARS-CoV-2 virus.
2.2.6. An Antibody test is a government approved test to check if you’ve had SARS-CoV-2 virus (COVID-19)by detecting antibodies as part of an immune response. The test works by detecting the presence of the following antibodies produced against COVID-19:
2.2.7. Our services are registered and regulated by the Department of Health & Social Care, and we are currently working towards our ISO15189 accreditation with the United Kingdom Accreditation Services (UKAS). We are listed on the General Population list on GOV.UK as an approved provider of COVID-19 testing.
2.3. How to contact us.
You can contact us by calling 0121 794 7458 or by writing to us at email@example.com or by post to 73 Newton Road, Malvern, WR14 1PD.
2.4. How do we contact you?
If we have to contact you, this will be by telephone or by writing to you at an address (electronic or postal) that you have provided to us. Where you have given us permission to do so, we may communicate through an app or using social media or when you are in one of our clinics that you are using for testing.
3. OUR CONTRACT WITH YOU
3.1. How do you make a booking with us?
You can make a booking for our testing services via our website (www.covid19healthclinics.com) or by attending in person to one of our clinics listed on our website. You can also call our customer support number on 0121 xxx xxx
3.2. How do we accept your booking?
3.2.1. We will accept your booking by sending you a confirmation email of the test that have booked either on-line or by calling our customer support number of after you visited one of our clinics. At this point, there is a contract formed between you and us.
3.3. What happens if we cannot accept your booking?
If we cannot accept your booking, you made on-line, by phone or in person at one of our clinics, we will inform of this immediately and you will not be charged for this service. This might be because of unexpected demand on our resources which we had not planned for because of unavailability of staff (due to sickness or absence) or technical issue within the clinic(software, IT equipment).
3.4. Where do we provide our services in the United Kingdom?
Our testing service and website is solely for the promotion of our testing services within the United Kingdom. For clarity, this encompasses England, Scotland, Wales and Northern Ireland. To use our services, you must be a consumer based in the United Kingdom.
4. OUR TESTING SERVICES
4.1. Our testing services and results are not a replacement for a detailed medical consultation with a fully qualified doctor or doctor’s advice.
4.2. Our comments and results are based exclusively on what is accepted as normal ranges within the General Population.
4.3. We advise you to speak to your GP or a fully qualified doctor if you are concerned about any aspect of your health or results arising from our testing services.
4.4. You can attend one of our clinics for a test if you have booked and received a confirmation of the test by email from us.
4.5. When attending one of our clinics for a test, you must agree and adhere to the rules and regulations and polices and instructions implemented by the staff at any of our clinics.
4.6. All our staff engaged in testing at the clinics are highly trained healthcare professionals who have continuous training of taking samples with consumers and our customers.
4.7. All technology, equipment and testing devices used to carry out the tests have obtained CE-IVD or CE approval for use in the United Kingdom and European Union
4.8. Our testing services confirm if you are currently infected with SARS-CoV-2 through detection of the virus by way of a nasal and throat swab called PCR (Polymerase Chain Reaction) or a nasal swab through a test called Antigen. Our testing services also confirm if you had previous infection through taking a finger prick test called an Antibody test which detects the presence of antibodies called IgM and IgG s part of an immune response to SARS-CoV-2 (COVID-19).
4.9. A positive PCR or Antigen result confirms the presence of SARS-CoV-2 (COVID-19) and a negative PCR or Antigen result confirms there was no evidence of SARS-CoV-2 (COVID-19).
4.10. We are not able to offer any appointments to anyone under the age of 18. If you are under the age of 18 your registration to have a test with us must be completed by a parent or legal guardian. Our advice is that you take advice from your GP or fully qualified doctor before booking an appointment for anyone under the age of 18 to understand if a test is required.
4.11. COVID19 Health Clinics Limited will not be liable for any loss or damage (including refunds) suffered by you due to:
- Incorrect use of any kit or instructions; or
- Factors outside COVID19 Health Clinics Limited control such as delays by couriers or by our partners.
4.12. COVID19 Health Clinics Limited will not offer or accept appointments if:
4.12.1. If you have had a positive Antigen swab test for SARS-CoV-2 (COVID-19) or developed symptoms of SARS-CoV-2 (COVID-19) within 10 days prior to your scheduled appointment. These symptoms can include:
- a high temperature– this means you feel hot to touch on your chest or back (temperature over 37.8 Degrees Celsius).
- a new, continuous cough– this means coughing a lot for more than an hour, or 3 or more coughing episodes in 24 hours (if you usually have a cough, it may be worse than usual).
- a loss or change to your sense of smell or taste– this means you’ve noticed you cannot smell or taste anything, or things smell or taste different to normal
- new flu-like symptoms including a runny nose, blocked nose, sore throat, shortness of breath, muscle aches and pains, headaches and severe tiredness.
4.12.2. You have contact or come into contact with a confirmed positive case of SARS-CoV-2 (COVID-19) within 14 days of your scheduled appointment with us as confirmed by the Test and Trace service or by another public regulatory body.
4.12.3. Members of your family and friends or other people you have been in contact with who has tested positive with a Antigen Test or started to exhibit symptoms of SARS-CoV-2 (COVID-19) within 14 days prior to your scheduled appointment with us.
4.12.4. Travel to one of our clinics is prohibited due to the guidance of your local health authority due to a lockdown policy or other restrictions which may change from time to time.
4.12.5. You have returned from a country within 10 days of your scheduled appointment which requires a quarantine period under UK government guidelines, unless you can do so under government guidelines, such as the government approved Test to Release Programme or Arrivals Testing. Please be aware that government guidelines are constantly changing so it is your responsibility to ensure you check on GOV.UK website.
4.12.6. COVID19 Health Clinics Limited will be happy for you to make a booking with us and attend one of our clinics if you have carried the appropriate period of quarantine as stated by government guidelines.
4.12.7. Failure to follow test procedures may impact the interpretation of the outcome of the test results
4.12.8. If you have a negative test result this does not rule out other viral infections not related to COVID-19 and a positive test result does not rule out other co-infections with other pathogens.
5.0. Polymerase Chain Reaction Test (RT- PCR)
5.1. The RT-PCR test is the gold standard in detecting the presence of SARS-CoV-2 (COVID-19) and is used by the National Health Service (NHS).
5.2. The test generates the most accurate results as it can detect even the smallest amount of viral RNA in a sample due to its high levels of sensitivity (100%) and specificity (100%) for the viral RNA.
5.3. The test involves taking a nasal (nasopharyngeal) and throat (oropharyngeal) swab which is then sent for analysis to our contracted Government approved and UKAS accredited Laboratory.
5.4. This means that a negative RT-PCR test result provides the most reliable indication you can work and travel safely (including international travel)
5.5. The RT-PCR result can also be negative if the level of viral RNA in a sample is below the detection limit of the test.
5.6. An RT-PCR result may also be indeterminate in which case we will contact you to come to the clinic and be retested.
5.7. A positive RT-PCR result means that you must isolate for 10 days as stipulated by Government regulations and guidelines.
5.8. When booking for an RT-PCR test that need to be carried out according to Government guidelines when arriving at the UK, if your Day 2 RT-PCR result is positive, your sample will be subject to genome sequencing with our contracted Government approved and UKAS accredited Laboratory. This is to comply with Government regulations to check for SARS-CoV-2 (COVID-19) variants.
5.9. In line with UK Government Guidelines, COVID19 Health Clinics will automatically cancel your day 8 (and Test to Release Test if you had booked the 3-test package).
5.10. You will not be able to receive a refund for the additional tests as positive samples require additional processing at the UKAS accredited Laboratory to check for COVID-19 variants.
5.11. If you have also booked a Test to Release test as part of your package and you test positive on this test, then your subsequent day 8 test will be cancelled.
5.12. If you booked your Test to Release separately then your day 8 test will not be cancelled.
5.13. Many of our customers utilise our testing services as a way of satisfying international requirements for negative RT-PCR test results prior to travelling to their territories. International rules and regulations are constantly changing, so you are responsible to assess the suitability of our RT-PCR test against the test requirements for your airline and destination country.
5.14. COVID19 Health Clinics Limited cannot advise you or guide you with regards to the acceptance criteria for your airline or country of travel and accepts no liability of this.
6.0. ANTIGEN TEST
6.1. An Antigen test is a government approved COVID-19 test which confirms if you currently infected with SARS-CoV-2 (COVID-19) virus.
6.2. The test involves taking a single nasal cavity swab and then placing the swab into an extraction buffer solution to detect the virus.
- The test works by detecting the presence of a protein called the N-Protein which is part of the SARS-CoV-2 virus.
- The swab sample is then sent to our contracted government approved and UKAS accredited Laboratory for analysis.
- This qualitative test does not give you a quantitative value nor the rate of SARS-CoV-2 (COVID-19) antigen concentration .
- A negative result may occur if the level of antigen in a sample is below the detection limit of the test.
7.0 ANTIBODY TEST
7.1. An Antibody test is a government approved test to check if you’ve had SARS-CoV-2(COVID-19) by detecting antibodies as part of an immune response.
7.2. Test involves a finger prick blood sample and then placed into a special solution for antibody detection.
7.3. The test works by detecting the presence of the following antibodies produced against SAR2-C0V-2 (COVID-19) virus:
8.0. VISITING OUR TESTING SERVICES
8.1. When you arrive at your chosen COVID19 Health Clinic, you will be welcomed by our clinic manager or a healthcare professional who will carry out your test.
8.2. The process of taking a nasal and throat sample is an invasive procedure, so if you are not sure, take advice from your GP or a fully qualifies doctor, especially if you are prone to nose bleeds and any throat conditions.
8.2. The clinic manager will check you in for your test through our booking in system and check that you have all the required documentation for the test to be carried out including photo ID, booking confirmation and QR code.
8.3. You are responsible for ensuring that you have all the relevant documentation for the test that you booked with us when arriving at our clinics.
8.4. If you are flying and have booked a Fit to Fly Certificate with us, you are responsible for ensuring that you have booked a suitable time slot with us which gives you sufficient time to complete the test process before you are required to ensure you check in for your flight.
8.5. We are not liable for you not being able to take your flight due to you not adhering to clause 5.11.4
8.6. We are not responsible for ensuring the accuracy and completeness of the information requested for you attending our clinics for us performing your booked test.
8.7. If you do not present these details, COVID19 Health Clinics have the right not to carry out the test and will either rearrange your test, if applicable or the booking will be cancelled and a cost of £50.00 will be charged to cover administrative
8.9. Our aim is to deliver your test results to you by 10pm the day after you had your RT-PCR swab sample taken
8.10. If you took a same day RT-PCR, your results will be released by 12pm on the same day.
8.11. Your Antigen and Antibody test results will be released by 10pm on the same day your test was carried out.
8.12. If you do not adhere to the actions listed in 5.11.3 and 5.11.4, COVID19 Health Clinics Limited will not be able to deliver the services to you and as a result will not be liable for any loss or damages you may occur due to failing to complete the actions.
8.13. Whilst we may provide guidance on travel regulations and timescales; we do this on a goodwill basis and will not be held liable for any damages.
8.14. COVID19 Health Clinics Limited and our contracted government approved and UKAS accredited Laboratory are legally bound to share certain information with Public Health England (PHE) and other government bodies in relation to your test. This will include personal information such as your name, date of birth, the results of your test (whether negative or positive) and confirmation that the sample is one that the laboratory tested for us.
8.15. This sharing of your personal information may be used as part of any Test and Trace service being operated by your local health authority where you live.
By booking and paying with for a test at one of our clinics, you have given us your consent to:
9.1. Proceed with taking your sample at one of our clinics and allowing us to send the sample to be analysed by our contracted UKAS (United Kingdom Accredited Service) Government approved Laboratory.
9.2. Allow COVID19 Health Clinics Limited to share relevant personal data such as name, date of birth and passport number among others, with relevant third parties that are or may be involved in the provision of our service.
9.3. Allow COVID19 Health Clinic Limited to share any relevant personal data with national and local health and government authorities which require this information.
9.4. You are agreeing and understanding that any third party’s data will be held and shared in accordance with these Terms and Conditions
10.0. OUR LIABILITY
- References to liability in our Terms and Conditions include any kind of liability arising under or in connection with these Terms and Conditions including liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
- Nothing in our Terms and Conditions shall limit or exclude the liability of any party or another person for:
- death or personal injury caused by negligence.
- for fraud or fraudulent misrepresentation
- for breach of any statutory duty; or
- for any act, omission or matter, liability of which may not be limited or excluded under any applicable law
- To the extent permitted by law, COVID19 Health Clinics Limited and all third parties connected to us hereby expressly exclude:
- the laboratory being unable to test your sample for any reason,
- the test results not being made available to you within the stated turnaround time, where a delay is caused due to any events outside of our reasonable control,
- you miss your flight as a result of a delay caused by you or an inconclusive test result, whether following a successfully completed test or otherwise,
- your act, omission, or other failure to follow instructions provided to you in relation to sample collection or pre-sample preparation requirements,
- your failure to act upon our advice if we recommend that you seek medical advice or attention having taken a test,
- your failure to attend a pre-booked appointment; or
- any loss or damage that is not foreseeable.
- all conditions, warranties and other terms which might otherwise be implied by statute, common law, or the law of equity.
- any liability for any direct, indirect, or consequential loss or damage, costs or expenses whatsoever incurred in the following circumstances.
- liability for events outside of our control: This includes but is not limited to failure to perform, or delay in performance of, any of our obligations under these Terms and Conditions that is caused by any act or event beyond our reasonable control.
- If an event outside of our reasonable control takes place that affects the performance of our obligations under these Terms and Conditions, we will contact you as soon as reasonably possible to notify you of it.
- Our obligations under these Terms and Conditions will be suspended and the time for performance of our obligations will be extended for the duration of the event outside of our reasonable control taking place.
- Our total aggregate liability to you resulting from or arising in connection with any of our Terms and Conditions is limited to the total value paid under the particular Terms and Conditions entered by the parties – meaning the price you paid for our testing services – in respect of the testing services supplied to you by COVID19 Health Clinics Limited.
11..0. REFUNDS, CANCELLATIONS AND CHANGES TO BOOKINGS
11.1. No right to change your mind.
11.1.1. Once you have booked the test with COVID19 Health Clinics through our website, customer service or by visiting one of our clinics, you do not have a legal right to change your mind within 14 days and receive a refund.
11.1.2 The reason for this is because your contract with COVID19 Health Clinics Limited is for the supply of a medicinal product, i.e., the test, by administration by a prescriber, or under a prescription or directions given by a prescriber, and the cancellation rights under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 do not apply.
11.2. Cancelling your test.
11.2.1 All tests
188.8.131.52. Even though you do not have a legal right to change your mind (see Clause 11.1.1 & 11.1.12), for test appointments that are cancelled more than 72 hours in advance we will on request, issue a COVID19 Health Clinic Covid-19 testing voucher for the value of your original test to use for an equivalent test at any of our testing centres
184.108.40.206. This will be issued within a period of 12 months from the date of your original test (subject to availability).
220.127.116.11. Cancellations within 72 hours* of your appointment time will not be permitted unless your flight has been cancelled by the airline within 72 hours or government guidelines have changed.
18.104.22.168. In this event, we will ask for proof of that fact and you will have the option to rebook for an alternative date or request a voucher.
11.2.2 Arrivals Test Packages.
22.214.171.124. If you test positive on your day 2 arrivals test, any remaining tests will be automatically cancelled, and no refund or voucher will be given.
126.96.36.199. This is due to positive samples requiring additional processing to check for variants of COVID-19 as per UK Government regulations.
11.3.0. Changing your test time, date, location.
11.3.1 All tests – except Arrivals Test Packages.
188.8.131.52. Any request to change the time or date of your booking will be subject to availability may carry a £15 administration charge.
184.108.40.206. Request for changes within 72 hours* of your appointment time will not be permitted unless your flight has been cancelled by the airline within 72 hours or government guidelines have changed.
11.3.3. In this event, we will ask for proof of that fact and you will have the option to rebook for an alternative date or on requesting and will be issued a voucher which can then be used to re-book.
11.3.2 Arrivals Test Packages.
220.127.116.11 If you need to change the date of your tests you will need to cancel your original booking and rebook.
11.4 How to tell us that you want to cancel your test.
11.4.1 To tell us that you want to cancel your test, and require a voucher, please let us know by completing the form on our web page at https:/firstname.lastname@example.org or by doing so through your account on our website.
*COVID19 HEALTH CLINICS LIMITED may at its sole discretion waive the 24-hour rule.
12.0. PRICE AND PAYMENT
12.1. Where to find our prices for the services we provide
12.1.1 The price of our services are set out on our COVID19 Health Clinics website, https://www.covid19healthclinics.com under the “Book a Test” menu option
12.2. How you must pay
12.2.1 We accept payment by credit or debit card.
12.2.2 COVID19 Health Clinics Limited uses Stripe (www.stripe.com) as a payment processor.
12.2.3 Their terms and conditions can be found at https://stripe.com/gb/checkout/legal.
12.2.4 Your payment details will only be transferred to and processed by Stripe on their secure system in order to process your payment for our services.
12.2.5 We may change our payment processes and if we do so will notify you during the payment process.
12.2.6 You must make full payment once you have booked your test.
13.0. Discount vouchers or coupons.
13.1 You may use discount vouchers or coupons recognised and issued by us in order to apply a discount to the price payable for the services or in order to pay for the services in whole or in part (subject always to the terms of the vouchers/coupons).
13.2 You must enter the code from the voucher or coupon at the time of booking in order to redeem the voucher or coupon.
13.3 Any such vouchers or coupons are for your own personal use only and may not be transferred to any other person. We reserve the right to refuse the use of any vouchers or coupons at any time.
14.0. What happens if we get the price wrong.
14.1. It is always possible that, despite our best efforts, some of the services we sell may be incorrectly priced.
14.2. We will normally check prices before accepting your booking so that, where the correct price of the services at your booking date is less than our stated price at your booking date, we will charge the lower amount.
14.3. If the correct price of the services at your booking date is higher than the price stated to you, we will contact you for your instructions before we accept your booking
15.0. YOUR RIGHTS TO END THE CONTRACT
15.1. Ending the contract because of something we have done or are going to do.
15.1.1. If you are ending a contract for a reason set out at clause 11.1.1. to clause 11.1.3. below the contract will end immediately and we will refund you in full for any services which have not been provided.
- The reasons are:
18.104.22.168. We have told you about an error in the price or description of the services you have booked, and you do not wish to proceed
22.214.171.124. There is a risk that supply of the services may be significantly delayed because of events outside our control; or
126.96.36.199. You have a legal right to end the contract because of something we have done wrong.
16.0. When you don’t have the right to change your mind.
16.1. You can change your mind before the testing your booked with us, provided that this is within 14 days of the booking.
16.2. You may not request a refund after the booked service has started or after the time that you requested the service has expired (even if you did not attend) unless the service is postponed with our agreement or as a result of our failure to be able to provide the service to you.
17.0. Ending the contract where we are not at fault and there is no right to change your mind.
17.1. Even if we are not at fault and you do not have a right to change your mind, you can still end the contract before it is completed, but you may have to pay us compensation.
17.2. A contract for testing services is completed when we have finished providing the testing services and you have paid for them.
17.3. If you want to end a contract before it is completed where we are not at fault, just contact us to let us know.
17.4. The contract will end immediately, and we will (subject to these terms and conditions) refund any sums paid by you for services not provided (provided that this request is made within 14 days of you requested the service) but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
18.0. How to end the contract with us (including if you have changed your mind)
18.1. Tell us you want to end the contract.
To end the contract with us, please let us know by doing one of the following:
- 18.1.1. Phone or email. Call us on 021 794 7458 or email us at email@example.com
- Please provide your name, home address, details of the booking and, where available, your phone number and email address.
- 1.2. By post. Write to us at 73 Newtown Road, Malvern WR14 1PD, including details of what testing services you booked and your name and address.
19.0. How we will refund you.
19.1. We will refund you the price you paid for the testing services by the method you used for payment. However, we may make deductions from the price, as described below.
19.2. When your refund will be made.
19.2.1. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind, then your refund will be made within 14 days of your telling us you have changed your mind.
20.0. Notice of termination.
20.1. Notice will be effective only at the time that we receive it.
21.0. OUR RIGHTS TO END THE CONTRACT
21.1. We may end the contract if you break it.
21.1.1. In addition to any other rights of termination we may have, we may end the contract at any time by writing to you if:
21.1.1. You do not make any payment to us when it is due, and you still do not make payment within 14 days of us reminding you that payment is due.
21.1.2. You do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the testing services.
21.1.3. Your behaviour towards our staff in the COVID19 Health Clinics or customer support team in an inappropriate, abusive, violent, offensive, threatening or discriminatory manner or which is otherwise upsetting to any of them.
21.2. You must compensate us if you break the contract.
21.2.1 If we end the contract in the situations set out in clauses 21.1, we will refund any money you have paid in advance for testing services we have not provided but we may deduct or charge you reasonable compensation for the costs we will incur as a result of your breaking the contract.
22.0. IF THERE IS A PROBLEM WITH OUR SERVICES
- How to tell us about problems.
22.1.1 If you have any questions or complaints about the services, please contact us. You call us on 021 794 7458 or email us at firstname.lastname@example.org
- Please provide your name, home address, details of the booking and, where available, your phone number and email address.
- By post. Write to us at 73 Newtown Road, Malvern WR14 1PD, including details of what testing services you booked and your name and address.
22.1.2 If you wish to make a complaint of a medical nature, please go to the complaints page of our website or mobile application and your complaint will be dealt with according to our complaint’s procedure.
22.1.3 Please contact us for a copy of our complaints policy if needed.
23.0. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
23.1 We are responsible to you for foreseeable loss and damage caused by us.
23.1.1. We are responsible to you for foreseeable loss and damage caused by us.
23.1.1. Unless the law requires otherwise, we will not be liable to you for any amount higher than the amount that you (or if you are under 18 your guardian) actually paid us for the services giving rise to the liability.
23.1.2. If we fail to comply with these terms, we are responsible only for foreseeable loss or damage that you suffer as a result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any other loss or damage.
23.1.3. Loss or damage is foreseeable only if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew that it might happen.
23.1.4. We will not be liable for any loss or damage caused by you not following the instructions for using our services or breaching any agreement you have with us.
23.2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
23.2.1. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; or for breach of your legal rights in relation to the services.
23.3. We are not liable for business losses.
23.3.1. We only supply the services for domestic and private use.
23.3.2. If you use the services for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
23.4. Third parties
23.4.1. We will not be liable for any loss or damage suffered by you, any third party or any property arising out of or in connection with the acts or omissions of any third party, including in circumstances where you were referred to such third party by us or where such third party was recommended to you by us.
23.5. As is:
23.5.1 Our mobile application and our clinical stations, including the computer and medical equipment contained therein, are provided “as is”, “where is” and “as available”.
23.5.2 You acknowledge that we have not and do not warrant or guarantee the performance of our mobile application or our clinical stations (including the connection to the internet and public telecommunications network) or any aspect or portion thereof.
23.5.3 Neither do we guarantee that our mobile application or the connection at the clinical stations will be uninterrupted or error free or that certain results may be obtained by anyone in connection with their use.
23.5.4 It is your responsibility to ensure that any equipment you use is reasonably clean. Unless otherwise required by law, we do not accept any other terms or rules (direct or indirect) that are outside of these terms.
23.5.5 Except as expressly and specifically provided in these terms all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from these terms.
24.0. HOW WE MAY USE YOUR PERSONAL INFORMATION
24.1. How we will use your personal information.
24.1.1. We will use the personal information you provide to us:
- 1.1.1 to provide the services to you; and
- 1.1.2 to process your payment for the services.
24.1.2. We may also with your agreement use certain of the personal information you provide to us to market to you.
24.1.3. By using our testing services you agree that we may use your data relating to you on an anonymous aggregated basis.
24.1.4. Where you provide us with special types of personal information, including information relating to your health, we will only process such information in so far as it is necessary in order to provide you with our testing services or to comply with the law.
24.1.5. We will not process this information for any other purpose, including providing it to your personal GP, without your express consent.
24.1.6. We will only give your personal information to third parties if it is necessary to complete the testing service you have booked with us, with your consent or where the law either requires or allows us to do so.
24.1.7. We will only retain your personal information for as long as is necessary to provide the testing services to you or in line with standard NHS retention schedules.
24.1.8. For more information on how we may process your personal data, please refer to our privacy and data protection policy
25.0. OTHER IMPORTANT TERMS
25.1. We may transfer this agreement to someone else.
25.1.1. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
25.2. This agreement is between the individual or person paying for our services and COVID19 Health Clinics Limited. No other individual or person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise
25.3. Each of the paragraphs of the Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
25.4. You accept that communication with us will be both electronic and on paper. You agree to this means of communication and you acknowledge that all, notices, information, and other communications that we provide to you electronically or hard copy comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
25.5. If we fail to insist that you perform any of your obligations under the Terms & Conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
25.6. Please do not photograph or film on any of our sites, this is not permitted.
25.7. Force majeure:
25.7.1. We shall have no liability to you under these terms and conditions if we are prevented from or delayed in performing obligations under these terms by events beyond our reasonable control.
25.8.1. We may update or change our terms from time to time.
25.8.2. The terms that will apply are those in force at the time that services are provided to you.
25.8.3. It is your responsibility to check that the terms in place at the time that testing services are provided to you are acceptable to you.
25.9. You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee).
25.9.1 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
25.10. Nobody else has any rights under this contract.
25.10.1. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
25.11. Entire agreement:
25.11.1. These terms constitute the whole agreement between you and us in relation to services we agree to provide you and supersedes any previous agreement between you and us.
25.11.2. You acknowledge and agree that in entering into these terms you do not rely on any promise, representation or understanding which is not expressly set out in these terms.
25.12. Even if we delay in enforcing this contract, we can still enforce it later.
25.12.1 If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
26.1 This Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.
26.2. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.