THE CLINIC ROOMS, 15 HORNBY STREET, HEYWOOD, OL10 1AA Tel : 08007022145

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Terms and Conditions

  

                   

Terms & Conditions

1. "We" are Covid Smart Ltd, company registration number 12544833 with registered office at 61 Bridge Street Kington Herefordshire HR5 3DJ. 

2. "You" are the customer who has accessed our website or called our telephone number and intends to place or has placed an order for our Services or Product(s).

3. These terms and conditions along with our Consent Form and Privacy Policy (together, the "Terms") apply throughout our website and during any telephone call or written correspondence between you and us. Any pricing for tests is as stated on our website or on any written pricing proposal sent by us. 

4. Test results and any comments given by us on the results of any test are for information only. Diagnostic tests alone should never replace a full medical investigation and/or doctor’s advice. Our test results are based solely on the test results at the time the test was carried out. 

5. If you or your employees have any concerns regarding any aspect of their health relating to Covid19 you or they must discuss the test results directly with their GP or a doctor. We direct all people that have had a Covid-19 test to follow Government /NHS Covid-19 Advice. The most up to date advice available is at  https://www.nhs.uk/conditions/coronavirus-covid-19/  Should you or your employees be unwell they must go straight to https://111.nhs.uk/ or call 111 by telephone.  You agree that you and your employees are solely responsible for acting on such guidance and that Covid Smart Ltd accepts no liability if you choose not to do so. 

CONTACTING US

6. If you want to contact us for any reason please initially email us at hello@covidsmart.co.uk with your request or use the online form on the “Contact” page on our website www.covidsmart.co.uk . We will endeavour to respond to your query within 24 hours. If You have been provided a designated telephone number for group testing, you can also call us using that number. 

7. By providing us with your contact details you provide us with your consent to contact you about our services and products you have bought or enquired about. If we do need to contact you, we will e-mail or phone you via the contact details you provide to us. Results will be emailed to the email address provide to us at the time of testing.

CONSENT & TEST RESULTS

8. If you or an employee requests a test to be carried out by us we will email out a consent form, which will need to be completed and returned to us at hello@covidsmart.co.uk prior to proceeding with the test. 

9. The consent form indicates that we will send the test results to the person tested and their employer, if the employer has contracted with us to carry out the test, subject the person being tested providing such consent. Test results will be sent by encrypted email to the email addresses provided to us on the consent form. 

10. If an employee refuses to consent to sending the test results to their employer, then we will only send the results directly to the employee. 

11. The person to be tested must provide us with some personal information, including first and surnames, address, gender, and date of birth, email, and telephone number. 

12.  There is also the option to provide details of symptoms you may be suffering. You provide this information on the booking/consent form. Please note that whether you provide this information or not does not change the fact that you are entirely responsible for consulting a health professional for assistance if you are or become unwell. Testing alone is never a substitute for seeing a qualified healthcare professional if required.

PRODUCTS

Our range of Services and Products are set out on our website.

The Service or Product will be deemed to have been completed once the test results have been delivered. 

You or an employee may only purchase Products and Services from our website if you are at least 18 years old (the same applies if you are providing your own sample for testing). Any person under 18 years of age must have the consent form signed by their adult with parental responsibility before tests or services are provided. 

HOW WE USE YOUR PERSONAL INFORMATION

Except as set out below, any information that you give us will be used solely in relation to the Products you have purchased from us. By placing an order you give us your consent to pass any and all relevant information about you on to our partner clinics or laboratories (which may be located in countries outside of the EU) and/or to our employees and agents for the purposes of preparing your sample and analysing and interpreting the results. We will not use your information for our own business analysis, product development and marketing purposes and will not pass information about you to third parties engaged by us. We will not sell or pass on your personal information to third parties to enable them to contact you directly or market their products or services to you. 

None of your personal information will be passed on to your doctor or any other third party, other than for those reasons set out in these T&C, consent form or unless you request us to do so. 

We are under a legal obligation to report positive Covid-19 test results to Government authorities, PHE and similar governing bodies as Covid-19 is a notifiable disease, so we will provide test results and your personal details as required by law in such instance. 

HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

Our website will guide you through the steps you need to take to place an order with us or you may call the designated number you have been provided. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.

Payment must be received in full prior to us processing your order, unless otherwise agreed in writing, which will be no longer than seven (7) days following receipt of invoice.  Once payment is received, we will confirm our acceptance to you by sending you a confirmation email. The contract between us will be formed once the consent form has been signed and returned, the test carried out, and payment received. 

Home Test Collection Kits will be valid for 6 (six) months from the date we post the testing kit to you If you do not carry out a sample within the validity period your test will expire and you will not be entitled to a refund.

If, for any reason, we are unable to perform a test you have ordered, we will inform you by email or by phone and will not send an acceptance confirmation. If you have already paid for the test, we will refund you the full amount within 3 working days. A working day is any day other than a Saturday, Sunday, or public holiday in the UK.

By purchasing a test and sending or providing a sample to us you are giving your informed consent to perform the tests you have ordered.

HOW TO PAY

You may pay for Products using a debit or credit card on our website which includes MasterCard, Visa, Visa Electron, Switch, Solo, Maestro. We also accept payment via bank transfer for pre-arranged accounts, the bank account details will be stated on your invoice.

PRICE OF PRODUCTS AND DELIVERY CHARGES

The price of the Products will be as quoted on our website at the time you submit your order. or by written quotation for pre-arranged accounts. 

If you choose to return any samples to our clinic or partner laboratory via recorded or guaranteed next day delivery you will do so at your own cost. 

Prices for our Products may change from time to time, but changes will not affect any order you have already placed.

DISPATCH AND DELIVERY

Home Collection Kits will be sent by registered first class post and you should receive it within 2 (two) working days, within the United Kingdom. We do not guarantee that the testing kit will arrive within 2 (two) working days as we are entirely dependent on our postal services provider (Royal Mail) if you require more urgent delivery of a Home Test Kits please inform us via email or telephone so we can provide a quotation for an express courier. 

Delivery of a testing kit shall be considered to be completed upon our first attempt to deliver it to the address you have provided, and the testing kit and sample will be your responsibility from that time. 

If your testing kit arrives in the post damaged, we will send you a replacement kit at no charge as soon as you notify us.

SAMPLES AND TEST RESULTS

If you are sending Home Test Kits you must send samples on the day the sample was taken to ensure that it arrives the following day. Failure to do so may lead to deterioration of your sample which could affect the accuracy of your test results. We do not accept responsibility for results that are compromised due to delays in returning samples or where samples are lost in the post, or where the external courier or laboratory cause delay. If you are concerned that your usual postal service will not result in next day delivery, we recommend that you return your sample using a guaranteed next-day service. This will be at your cost.

Occasionally test samples are inconclusive, if this occurs we will send a second home collection kit free of charge for you to repeat the process, or if a test preformed at our clinic we will offer you a free repeat test. If this second sample cannot be tested, we will give you the option to cancel the order and request a full refund.

Turnaround time for test results is stated on our website and on any proposal provided to you. In house tests results will be provided no later than 24 hours after the time the test has been carried out. For external laboratory tests if carried out in the morning, the results will usually be available within 24 -48 hours after the laboratory receives the sample. We cannot guarantee test result turn around time for external laboratory testing and do not accept liability for delays of any nature caused by couriers or external laboratories. 

If the Fit to Fly certificate is required it is not our responsibility to provide travel advice. Countries and Governments change travel regulations often and at short notice. We are not liable for changes in travel regulations, it is the responsibility of the person being tested to understand their individual requirements.


CANCELLATIONS AND REFUNDS

You may cancel your order at any time before a sample collection kit has been dispatched or the test has been carried out at our clinic to receive a full refund. This cancellation right does not apply if you have already sent your sample to the laboratory or clinic for analysis

To cancel a Contract, please send us an email or telephone us using the contact details on our website or designated telephone number, stating that you wish to cancel the appointment or Home Test Kit purchase. If you send us your cancellation request by e-mail, then your cancellation is effective from the date you send us the e-mail. 

If you cancel your Contract and you are entitled to a refund, we will refund you the price you paid for the Product(s) or credit your account if not paid accordingly:

  • within 7 working days of receiving a cancellation request if your      request is received in relation to testing kits that have not yet been dispatched:      or
  • within 7 working days of receiving the returned testing kits that      have already been dispatched and have not been tampered with or damaged in      any way.

If you have returned the testing kit to us within the cancellation period because they are faulty or mis-described, we will refund the price of the Products in full.

We will refund you on the credit card or debit card used by you to pay.

OUR LIABILITY

The Products you purchase from us are for private use only and you agree not to use the Products for any commercial purpose. We are not liable to you for any loss of profit, loss of business or revenue, business interruption or loss of business opportunity.

Our total liability to you resulting from a Contract is limited to the total value of that Contract - meaning the price you paid for the Products and any additional services. In particular we are not liable for any costs, loss, delay, inconvenience or damage you suffer as a result of:

  • the sample you send being lost, delayed or damaged in transit or      via post from you to us;
  • the laboratory being unable to test your sample for any reason;
  • any injury you may suffer when using the test unless the test is proven      to be defective;
  • test results not being made available to you within the turnaround      time stated for any Product unless expressly agreed in writing which will      be limited to in house tests. No guarantees or liability will be provided      for external laboratory testing;
  • your 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 send a sample for testing within the Validity      Period;
  • your failure to attend a pre-booked appointment;
  • loss or damage that is not foreseeable;
  • Events Outside Our Control as described below.

If we fail to comply with the Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Terms or our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this Contract.

It is your responsibility to ensure that the relevant Home Test Collection Kit samples are been collected and sent to us within the Validity Period.

We do not in any way exclude or limit our liability for:

  • death or personal injury caused by our negligence;
  • fraud or fraudulent misrepresentation;
  • any breach of the terms implied by section 12 of the Sale of Goods      Act 1979 (title and quiet possession) as amended by the Consumer Rights      Act 2015;
  • any breach of the terms implied by section 9 to 11 of the Consumer      Rights Act 2015 (description, satisfactory quality, fitness for purpose      and samples); and
  • defective products under the Consumer Protection Act 1987.

EVENTS OUTSIDE OUR CONTROL

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by any act or event beyond our reasonable control.

If an event outside our control takes place that affects the performance of our obligations under a Contract:

  • we will contact you as soon as reasonably possible to notify you;      and
  • our obligations under a Contract will be suspended and the time for      performance of our obligations will be extended for the duration of the      event outside our control. Where the event outside our control affects our      delivery of testing kits to you, we will arrange a new delivery date with      you once the event outside our control is over.
  • You may cancel a Contract affected by an event outside our control      which has continued for more than 30 days. To cancel, please contact us.      If you opt to cancel, we will refund in full the total price you have paid      for the Contract.

OUR RIGHT TO VARY THESE TERMS

We may amend the Terms from time to time.

Every time you order Products from us, the Terms in force at the time of placing your order will apply to the Contract between you and us.

If we have to revise the Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and what orders will be affected. We will let you know how to cancel the Contract if you are not happy with the changes and you may cancel in respect of any testing kit received (so long as it has not been opened, used or damaged) or just the testing kit you are yet to receive, or both (if applicable).

If you opt to cancel the Contract, you must return any relevant testing kit you have already received (that has not been opened, used or damaged) and we will arrange a full refund of the price you have paid once we receive the returned testing kit.

OTHER IMPORTANT TERMS

We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under the Terms.

This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

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.

If we fail to insist that you perform any of your obligations under the Terms, 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.

Please note that the Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have exclusive jurisdiction.


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