Coronavirus (COVID-19) Testing T&Cs

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MyHealthcare Clinic – SARS-CoV2-19 (COVID -19) Testing T&Cs

  1. these terms
    1. These are the terms and conditions upon which we will supply the COVID-19 testing services to you. Please read these terms carefully before placing your order with us. These terms tell you who we are, how we will provide the testing to you, how we or you may change the contract, what to do if there is a problem and other important information. 
    2. You agree that by using the COVID-19 testing services provided by MyHealthcare Clinic Ltd, you agree to and accept these terms and conditions, and that these terms and conditions prevail over any other terms and conditions provided to you in relation to the testing services.
    3. In some areas, you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
      1. you are an individual; and 
      2. you are buying services from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
    4. Provisions specific to businesses only are in blue text. 
    5. If you are a business customer, these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
  2. Information about us and how to contact us 
    1. We are MyHealthcare Clinic Ltd, a company registered in England and Wales under company number 08503371 with our registered office at Manchester Square, 18 Fitzhardinge Street, London W1H 6EQ. 
    2. You can contact us by telephoning our customer service team at 0203 514 3580 or by writing to us at [email protected]
    3. If we need 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 whilst booking. 
  3. Tests and Sampling Methods 
    1. The testing services which are available for Rapid test, Antibody Test, PCR, PCR Fit to Fly and Test to Release include:
      1. Reverse Transcription Polymerase Chain Reaction (RT-PCR) Swab Test;
      2. Lateral Flow Antigen Swab Test; and
      3. Antibody Blood Test.  
    2. Please note that you are solely responsible for determining that the test you are taking is suitable for your particular requirements, including whether any particular test satisfies the standards you are seeking to meet (whether for entry into any particular international destination, or shortening quarantine in the relevant part of the UK).Different countries have different test and self-isolation requirements and these are constantly changing. If using this service to travel, you are responsible for checking the COVID-19 test requirements in accordance with the destination and mode of travel and refunds cannot be given for failure to comply. 
  4. Booking Process
    1. In order to book a test you must register and book on-line at www.myhealthcareclinic.com and select the relevant test type you require. 
    2. Alternatively, bookings made be made via telephone to the following number 0203 514 3580.
    3. We will assign an order number to your order and tell you what this is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
    4. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
    5. You are required to register your details, complete any required documentation and pay prior to attending testing. If you give us incomplete or incorrect information, we may either end the contract 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 late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it. 
    6. If you wish to make an amendment to your booking please contact us. We will let you know if the amendment is possible. If it is possible, we will let you know about any changes to the terms of the booking, for example pricing and supply, and will confirm with you whether you wish to proceed with the amendment on this basis. No amendments to the booking can be made at the clinics or test centres.
    7. For those below the age of 16, the child’s parent or legal guardian must register patient details, book the appointment, provide written consent and attend the appointment alongside the child.
    8. If booking a Fit to Fly or Antibody test at our Fulham, Wandsworth or Wimpole Street Clinics, you confirm that:
      1. You have NOT had a positive test for COVID-19 or developed any of the symptoms of COVID-19 within 10 days prior to your appointment. Symptoms include: a new, continuous cough; a fever (temperature over 37.8°C); loss of sense of taste or smell; or new flu-like symptoms (runny or blocked nose; sore throat; shortness of breath; muscle aches and pains; headaches; overwhelming tiredness).
      2. Your household members or other people you have been in contact with have NOT had a positive COVID-19 test or developed the symptoms above in the 14 days prior to your appointment.
      3. You have NOT returned from a country in the 14 days prior to your appointment which requires a quarantine period under UK, Welsh, Scottish or Northern Irish government guidelines.
      4. You do NOT reside in an area/region which is subject to a local lockdown that prevents you from attending for testing.
    9. If any of the above apply to you, please wait the appropriate time-period for isolation and contact us to re-book your appointment for a later date. 
  5. Amendments to the Service
    1. We reserve the right to change our testing services: 
      1. to reflect changes in relevant laws and regulatory requirements; and 
      2. to implement minor technical adjustments and improvements.
    2. 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. 
    3. 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 at [email protected]
    4. The testing service is subject to laboratory capacity, specially trained staff and stock availability. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the test, or because our sub-contractors are in default. 
    5. We may write to you to let you know that we are going to stop providing testing services. We will let you know at least 28 days in advance of our stopping the supply of the testing and will refund any sums you have paid in advance for testing which will not be provided.
  6. During your test 
    1. Whilst at a test centre you agree to abide by the rules and policies implemented by the test centre staff.
    2. We reserve the right to withdraw our services if:
      1. you do not conduct yourself in a responsible manner;
      2. you do not abide by the rules and policies of the clinic; and/or
      3. you fail to comply with the reasonable instructions of our staff.
  7. Summary of results 
    1. Testing is a biological process involving significant complexity and variability, and consequently no testing regime for COVID-19 is 100% accurate in all cases. We will make every reasonable endeavour to analyse your sample and to provide you with results. However, on rare occasions, anomalies can occur during laboratory analysis, for example, issues with sample collection or processing errors. Additional samples may be required, if remaining sample is insufficient for repeat analysis and as a consequence, results may be delayed. We will not be held accountable or liable for delays with testing that is outside of their control.
    2. A negative result does not guarantee that the test subject is free of the COVID-19 virus, nor does a positive result guarantee that the test subject has active, infectious COVID-19.
    3. If your test results come back as inconclusive, you may need to be re-tested, in which case you will be charged 50% of the test price. All testing is conducted on this basis.
    4. Test results and any comments alongside results are for information only. They are not a clinical diagnosis. They are not a replacement for a full and proper clinical investigation and/or a doctor’s advice. Comments are based solely on the results in relation to what are considered normal ranges in the general population.
    5. If you have any concerns at all regarding any aspect of your health or your test results, you should discuss them directly with your GP or a doctor.
    6. Based on the results of your test(s) we may advise that you purchase a follow-up test or that you see your GP for further investigation or both. You agree that you are solely responsible for acting on such guidance; we accept no liability if you choose not to do so.
  8. Reporting Requirements
    1. COVID-19 is classified as a notifiable disease. We or our partner laboratories may be legally required to share certain information with Public Health England, or other governmental organisations, in relation to your test, including: personal information (e.g. name and date of birth); the result, whether negative or positive; and confirmation that the sample is one that the laboratory has tested for us.
    2. All positive PCR and Antigen test results will be submitted to Public Health England and the NHS Test and Trace Programme or other relevant governmental organisations as part of the legally required reporting procedures.
    3. The above information may be used as part of any test and trace service being operated by the government in your jurisdiction.
    4. By accepting these terms and conditions you agree to follow the guidance provided by us and our medical partners. We accept no liability for any loss or damage caused by non-compliance with this guidance.
    5. By proceeding to book a testing appointment, you accept the terms of the MyHealthcare Clinic Privacy Policy We will only use your personal information as set out in our Privacy Policy. 
  9. Results
    1. Subject to clauses 9.2, 9.3 and 12, we aim to provide you with results within the following timescales from when you take the test:
      1. Same day PCR test – by 12 midnight on the day of the Test
      2. Next Day PCR test- by 12 midnight on the day after the test is taken
      3. 4 Hour PCR test – within 4 hours of the test being taken
      4. Rapid Antigen Test – within 4 hours of the test being taken
      5. Antibody Blood test – within 48-72 hours of receipt by the laboratory 
    2. Please note that we use external laboratories for all PCR & Fit to Fly & Antibody tests and have no control over their processing times once we have couriered your sample. Laboratories may need to sometimes repeat tests or prioritise other samples, which could affect upon the time you receive your test.
    3. Whilst it is our aim to provide you with your test results within the timescales set out at clause 9.1, this is not guaranteed. Please note that we are unable to accept liability or provide any compensation for costs you may incur due to delayed results, a false positive / negative result or tests/results being damaged or lost.
  10. Price and Payment 
    1. The price of the testing services will be the price indicated on the order pages when you placed your order. 
    2. We use our best efforts to ensure that the price of the testing advised to you is correct, however it is always possible that, despite our best efforts, the advertised pricing will be incorrect. Where the correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the 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. 
    3. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel your booking, refunding you any sums you have paid. 
    4. We accept payment by card only. You must pay for the test at the time of booking. 
    5. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
    6. We may terminate your booking at any time by writing to you if you do not make any payment to us when it is due and you still do not make payment within 28 days of us reminding you that payment is due. 
  11. Cancellation and Refunds 
    1. In order to cancel your booking, please contact [email protected]. Please provide your name, home address, details of the order, and where available, your phone number and email address. 
    2. Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most services bought online you have a legal right to change your mind within 14 days following the day we email you to confirm we accept your order and receive a refund subject to any administrative fees payable pursuant to clause 11.3 below. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
    3. Please note that you will be charged an administrative fee when cancelling or failing to attend booked appointments as outlined below:
      1. Cancelling within 24 hours of booking your test online or via phone: No administrative fee
      2. Cancelling with more than 24 hours' notice from the time of your Appointment: £25 administrative fee
      3. Cancelling with less than 24 hours' notice from the time of your Appointment: £50 administrative fee
      4. Failing to attend your appointment or no notice given: £100 administrative fee
      5. No refunds are available where you have attended your appointment and/or samples have already been taken.
    4. If you are entitled to a refund under these terms we will refund you by the method you used for payment. However, we may make deductions from the price, as described above. We will make any refunds due to you as soon as possible, however, it may take up to 28 days for refunds to be processed by our dedicated team and for funds to reach your account.
  12. Our Liability 
    1. 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.
    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 and for defective services under the Consumer Protection Act 1987. 
    3. Our total liability to you is limited to the total price of the testing services you ordered. 
    4. If you are a consumer we only supply the services for to you for domestic and private use. If you use the services for any commercial, business or re-sale purpose our liability to you will be limited as set out in in clause 12.5. 
    5. Nothing in these terms shall limit or exclude our liability for:
      1. death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
      2. fraud or fraudulent misrepresentation;
      3. breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
      4. any matter in respect of which it would be unlawful for us to exclude or restrict liability.
    6. Except to the extent expressly stated in all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
    7. Subject to Clause 12.5:
      1. we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
      2. our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total price of the testing services ordered. 
  13. Right to vary these terms 
    1. We may amend these terms and conditions from time to time as required.
    2. Other Important Terms 
      1. Each of the paragraphs of the terms and conditions 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.
      2. You accept that communication with us will mainly be electronic. You agree to this electronic means of communication and you acknowledge that all, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
      3. If we fail to insist that you perform any of your obligations under these 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.
      4. 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. 
      5. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
  14. Customer Service
    1. If you are dissatisfied with our service please email us at  [email protected] to make us aware of your complaint.
    2. We will use best endeavours to confirm receipt of your complaint within 3 working days. We will always aim to resolve complaints in a timely manner, subject to circumstances, this will be within approximately 2 weeks. If further investigation is required, you will be informed of this and kept up to date with progress. Once we have completed our investigation, we'll write to you to communicate our outcome.
  15. Governing Law and Jurisdiction 
    1. If you are a consumer, these terms are governed by the laws of England and Wales and you can bring legal proceedings in respect of the services in the English and Welsh courts. If you live in Scotland you can bring legal proceedings in respect of the services in either the Scottish or the English and Welsh courts. If you live in Northern Ireland you can bring legal proceedings in respect of the services in either the Northern Irish or the English and Welsh courts.
    2. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.