Your attention is particularly drawn to the provisions of clause 15 (Accuracy).
1. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply services to you relating to Coronavirus Ag Rapid Test Cassette (Swab) testing.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. 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. If you think that there is a mistake in these terms, please contact us to discuss.
2. Information about us and how to contact us
2.1 Who we are. We are Your Test Ltd, a company registered in Northern Ireland. Our company registration number is NI670154 and our registered office is at 51 Hill Street, Milford, Armagh, Northern Ireland, BT60 3NZ.
2.2 How to contact us. You can contact us by telephoning our customer service team at 07912272020 or by writing to us at email@example.com or at Suite A, Dean Swift Building, Armagh Business Park, 50 Hamiltonsbawn Road, Armagh BT60 1DL.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order or as otherwise agreed by you.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. Our contract with you
3.1 Placing your order. Please follow the onscreen prompts to place your order and book your appointment. You may only submit an order using the method set out on the site. Each order is an offer by you to buy the services specified in the order subject to these terms.
3.2 Correcting input errors. Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order is complete and accurate. Please check and confirm that the time slot selected by you for testing is suitable as this cannot be changed and payment is non-refundable in the event of you failing to attend. Once you have submitted your order, an invoice will be generated which will contain a link to a pre-screen form which you will need to complete before attending your appointment. We cannot provide the services without the information set out in the pre-screen form.
3.3 Acknowledging receipt of your order. After you place your order, you will receive an email from us acknowledging that we have received it, but please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 3.4.
3.4 Accepting your order. Our acceptance of your order takes place when we send an email to you to accept it (Order Confirmation), at which point and on which date (Commencement Date) the Contract between you and us will come into existence. The Contract will relate only to those services confirmed in the Order Confirmation.
3.5 If we cannot accept your order. If we are unable to supply you with the services for any reason, we will inform you of this by email and we will not process your order.
3.6 Following acceptance of your order. Provided that you have furnished the information as requested in the pre-screen form set out in clause 3.2, you will receive an email approximately 24 hours prior to your appointment to remind you of your appointment and to confirm that you are not displaying any symptoms that are (or could be) in any way associated (or potentially associated) with Covid-19. If you are presenting any symptoms associated (or potentially associated) with Covid-19 please cancel your appointment with us and arrange an NHS swab test.
4. Our services
4.1 Descriptions and illustrations. Any descriptions or illustrations on our site are published for the sole purpose of giving an approximate idea of the services described in them. They will not form part of the Contract or have any contractual force.
4.2 Compliance with specification. Subject to our right to amend the specification (see clause 4.3) we will supply the services to you in accordance with the specification for the services appearing on our website at the date of your order in all material respects.
4.3 Changes to specification. We reserve the right to amend the specification of the services if required by any applicable statutory or regulatory requirement or if the amendment will not materially affect the nature or quality of the services.
4.4 Reasonable care and skill. We warrant to you that the services will be provided using reasonable care and skill.
4.5 Time for performance. We will use all reasonable endeavours to meet any performance dates specified in the Order Confirmation, but any such dates are estimates only and failure to perform the services by such dates will not give you the right to terminate the Contract.
4.6 Accuracy of testing. The test provided pursuant to the Services under these Terms detects specific proteins (antigens) situated on the cell membranes of the Covid-19 virus. When administered correctly by a healthcare professional (or suitably trained person), the antigen tests show the diagnostic sensitivity for Covid-19 antigens of approximately 96.3%. By entering into these Terms, you are confirming your understanding that the testing provided by us is not 100% accurate and that we shall not be responsible or liable in any way for any tests that are positive or negative for Covid-19 antigens that later turn out to be incorrect. The testing services provided by us are for information purposes only. However, if you receive a positive result to our Coronavirus Ag Rapid Test Cassette (Swab) we strongly recommend that you:
4.6.1 arrange an NHS swab test; and
4.6.2 follow (and ensure that those within your household and support bubble (as the case may be) follow) the latest government guidelines on quarantining and self-isolation which is available at https://www.gov.uk/coronavirus.
4.7 Adhering to government guidelines. By entering into these terms, you acknowledge and confirm your full understanding that the testing provided pursuant to the services is not 100% accurate. The testing provided pursuant to these terms is for information and risk management purposes only. A negative antigen test does not mean that you may stop self-isolating or stop adhering to government advice on social distancing and other measures.
5. Our rights to make changes
5.1 Minor changes to the services. We may change the services:
5.1.1 to reflect changes in relevant laws and regulatory requirements; and
5.1.2 to implement minor technical adjustments and improvements.
6. Providing the services
6.1 When we will provide the services. We will provide the services on the date and time agreed with you during the order process in your Order Confirmation (or at such other time as is mutually agreed in writing).
6.2 We are not responsible for delays outside our control. If our supply of the services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any services you have paid for but not received.
6.3 If you do not show up to your allocated time slot. You shall not be entitled to a refund if you fail to attend at the time and date confirmed in your Order Confirmation, whether we have been informed of such cancellation or not.
6.4 What will happen if you do not give required information to us. We will need certain information from you so that we can supply the services to you, for example, the information set out in our pre-screen form (as set out in clause 3.2) and personal data relating to your identity, contact details and medical information. We will ask for this information prior to commencing the testing process. If you do not give us this information, or if you give us incomplete or incorrect information, we may either end the contract (and clause 9.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the services if this is caused by you not giving us the information we need.
6.5 Reasons we may suspend the supply of services.
We may have to suspend the supply of services provided to:
6.5.1 deal with technical problems or make minor technical changes;
6.5.2 update the services to reflect changes in relevant laws and regulatory requirements; 6.5.3 make changes to the services (see clause 4).
6.6 Your rights if we suspend the supply of services. We will contact you in advance to tell you we will be suspending supply of the services unless the problem is urgent or an emergency. You may contact us to end the contract if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 30 days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
7. Your rights to end the contract
7.1 You can always end your contract with us. Your rights when you end the contract will depend on what services you have purchased or agreed to purchase, whether there is anything wrong with the services provided and when you decide to end the contract:
7.1.1 If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the service re-performed or to get some or all of your money back), see clause 10;
7.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see clause 7.2;
7.1.3 In all other cases (if we are not at fault and there is no right to change your mind), see clause 7.6.
7.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at 7.2.1 to 7.2.5 below the contract will end immediately and we will refund you in full for any services which have not been provided and you may also be entitled to compensation. The reasons are:
7.2.1 we have told you about an upcoming change to the services or these terms which you do not agree to (see clause 6);
7.2.2 we have told you about an error in the price or description of the services you have ordered and you do not wish to proceed;
7.2.3 there is a risk that supply of the services may be significantly delayed because of events outside our control;
7.2.4 we have suspended supply of the services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or
7.2.5 you have a legal right to end the contract because of something we have done wrong.
7.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
7.4 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:
7.4.1 services, once these have been completed, even if the cancellation period is still running; and
7.4.2 services that require the opening of products sealed for health protection or hygiene purposes once these have been unsealed.
7.5 How long do I have to change my mind? You have 14 days after the day we email you to confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running.
7.6 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 7.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for services not provided 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.
8. How to end the contract with us (including if you have changed your mind)
8.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
8.1.1 Phone. Call customer services on 07912272020. 8.1.2 Email. Email us at firstname.lastname@example.org.
Please provide your name, home address, details of the order and, where available, your phone number and email address.
8.2 How we will refund you. We will refund you the price you paid for the services by the method you used for payment. However, we may make deductions from the price, as described below.
8.3 When your refund will be made. 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.
9. Our rights to end the contract
9.1 We may end the contract if you break it. We may end the contract for services at any time by writing (where possible) to you if:
9.1.1 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services, for example, the information set out in the pre-screen form described in clause 3.2 or personal data relating to your identity, contact details and medical information; or
9.1.2 you fail to attend your appointment alone (for example, you attend with a child or another individual); or
9.1.3 you are in any way rude, aggressive, abusive or difficult at your appointment towards our staff or others in attendance (as the case may be).
For the avoidance of doubt, upon the occurrence of either of the circumstances set out in clauses 9.1.2 or 9.1.3, we may end the contract for services with you immediately.
9.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 9.1 we will refund any money you have paid in advance for services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
9.3 We may withdraw the services. We may write to you to let you know that we are going to stop providing the services. We will let you know, where possible, at least 24 hours in advance of our stopping the supply of the services and will refund any sums you have paid in advance for services which will not be provided.
10. If there is a problem with the services
10.1 How to tell us about problems. If you have any questions or complaints about the services, please contact us. You can telephone our customer service team at 07912272020 or write to us at email@example.com or at Suite A, Dean Swift Building, Armagh Business Park, 50 Hamiltonsbawn Road, Armagh BT60 1DL.
10.2 Summary of your legal rights. See the box below for a summary of your key legal rights in relation to the services. Nothing in these terms will affect your legal rights.
Summary of your key legal rights This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. If your product is services, the Consumer Rights Act 2015 says: a) You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill or get some money back if we can’t fix it. b) If you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable. c) If you haven’t agreed a time beforehand, it must be carried out within a reasonable time. See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).
11. Price and payment
11.1 Where to find the price for the services. The price of the services will be the price indicated on the invoice generated when you place your order (as set out in clause 3.2) We use our best efforts to ensure that the price of the product advised to you on this invoice is correct. However please see clause 11.2 for what happens if we discover an error in the price of the services you order.
11.2 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the services we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
11.3 When you must pay and how you must pay. We accept payment using a valid debit or credit card. Services must be paid for in advance at the time of the order being placed.
12. Our responsibility for loss or damage suffered by you
12.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
12.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. 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; for breach of your legal rights in relation to the services as summarised at clause 10.2.
14. Other important terms
14.1 We may transfer this agreement to someone else. 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.
14.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
14.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
14.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority
decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.5 Even if we delay in enforcing this contract, we can still enforce it later. 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.
14.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by Northern Irish law and you can bring legal proceedings in respect of the services in the Northern Irish courts. If you live in Scotland you can bring legal proceedings in respect of the services in either the Scottish or the Northern Irish courts. If you live in England you can bring legal proceedings in respect of the services in either the English or the Northern Irish courts.
15. Accuracy and Validity
15.1 Whilst we will endeavour to provide the services with reasonable care and skill, we do not guarantee that your use of our services will be uninterrupted, timely, secure or error free and we do not warrant that the results obtained from the use of our services will be reliable or accurate.
15.2 You expressly agree, upon entry into these terms that your use of the services is at your sole risk and the services are provided to you without any representation, warranty or conditions of any kind, either express or implied relating to accuracy or reliability. You acknowledge the provisions contained in clause 4.6 and 4.7 which refer to the accuracy of the tests being provided pursuant to these terms and confirm your understanding that the tests are not 100% accurate. 15.3 This clause 15 will survive termination of the Contract