- WHO WE ARE
EUROPEAN HEALTH TECHNOLOGY LIMITED T/A !CovidTestingDirect.com, a company registered in England under company number 12990629 with registered office at 167-169 Great Portland Street, 5th Floor, London, England, W1W 5PF
EUROPEAN HEALTH TECHNOLOGY LIMITED is an approved end to end Sars Cov2 service provider and carries on the business of providing clinical testing services and has entered into an agreement with you, the customer, to provide such Services. EUROPEAN HEALTH TECHNOLOGY LIMITED will appoint our partner laboratory with the provision of the Services and warrants that they will be held to the same accountability
- OBLIGATION OF YOU THE CUSTOMER
3.1 Provision of Sample by you for Testing by !CovidTestingDirect.com: The sample must be taken by you in line with our operating procedures as detailed in the instructions provided to you, and included in your contractual obligations below. This includes both throat and nasal swab. If, for any reason, you are not able to provide a sample as per the procedure we cannot guarantee that the sample provided will be suitable for analysis and a valid result forthcoming and !CovidTestingDirect.com accepts no responsibility for losses arising in such circumstances. 3.2 In order to meet these requirements you must follow the instruction supplied with your testing kits: 3.2.1 Intended Use 18.104.22.168The COVID-19 Screening Sample Collection Kit is intended for use in the collection and transport of nasopharyngeal swabs to be analysed by our partner laboratory for the detection of the 2019-Novel Coronavirus (SARS-CoV-2). 22.214.171.124Before you start, read all the instructions in this leaflet, and make sure you fully understand how the test should be done. Do not unpack the test kit until you are ready to take the test. 126.96.36.199 Only take this test if it is addressed to you. This test can be conducted on multiple age levels, please follow this guide for who should administer the test: 18+ Years Old – Self-administer test (unless unable to do so), 12 – 17 Years Old – Self-administer test with adult supervision, 11 Years and Under – Adult to administer test on the child. If for any reason you cannot complete the test continue to self-isolate as a household as per the government guidance. 188.8.131.52 Prior to taking your swab sample, please ensure you have arranged the return of your kit via your courier of choice. After taking your sample please endeavour to return your sample as soon as possible. 3.2.2 Sample Collection 184.108.40.206 Before starting, wash your hands thoroughly, for at least 20 seconds, using hand wash & warm water, or use hand sanitiser 220.127.116.11 Remove the supplies from the kit (see Figure 1): 1 swab (A), 1 sample collection tube (B), 1 transportation tube (C), 3 URN labels (D), 1 pathoseal bag (E), 1 large postal envelope (G) and 1 UN3373 Box (F). 18.104.22.168 Fully attach one adhesive URN label to the sample collection tube (B) and another to the pathoseal bag (E). Attach the remaining URN label to these kit instructions and keep for your own reference. 22.214.171.124 Open the package containing the swab (A) and remove without touching the soft tip. 126.96.36.199 Throat swab: Holding the swab in your dominant hand, open your mouth (use a mirror for guidance) and gently rub the swab over both tonsils and the back of the throat. Take care not to touch your tongue, teeth, or gum, or any household surfaces. 188.8.131.52 Nasal swab: Remove swab from the mouth and gently insert swab into nostril about 1 inch (2.5cm) or until some resistance is met. Rotate the swab 5 times against the nasal walls and repeat in the other nostril. 184.108.40.206 Remove swab from the nose, and while holding the swab, remove the lid from the sample collection tube (B) and immediately place the swab into the tube with the fabric tip down, again taking care not to touch any other surfaces. Break, snap or cut swab to fit inside the sample collection tube, and then replace the sample collection tube lid, ensuring it is securely fastened. 220.127.116.11 Wash hands again 3.2.3 Sample Registration Guidelines: It is crucial that you register your URN at https://www.001Doctor.uk/register-kit or if you have bought one of our partner kits https://www.randoxhealth.com/register-kit. This registration process is essential, as without it, !CovidTestingDirect.com or our partner Randox will not be able to provide you with results. You will not be able to receive your results if you have not registered your URN online. By submitting a sample to our laboratory, you are consenting to the testing of that sample. 3.2.4 Packing Guidelines 18.104.22.168 Place the labelled sample collection tube (B) containing the swab sample into the transportation tube (C) and seal. 22.214.171.124Place the transportation tube (C) into the labelled pathoseal bag (E) and seal the pathoseal bag by removing the metallic silver strip. Ensure the blue adhesive strips make a tight seal of the bag. 126.96.36.199 Insert the sealed pathoseal bag into the UN3373 box (F) and place the box into the UN3373 return envelope (G) provided. Seal the UN3373 return envelope by removing the metallic silver strip and wipe down the exterior of the bag. 3.2.5 Return Guidelines 188.8.131.52 !CovidTestingDirect.com may suggest a number of reputable couriers to assist the customer in fulfilling their obligation of getting the test to !CovidTestingDirect.com within the required time frame, this is done as a gesture of goodwill to you, but ultimately it is the obligation of the customer to ensure the test gets to !CovidTestingDirect.com in good time. 184.108.40.206 Please arrange delivery via courier of your completed kit to the address printed on the UN3373 Return Envelope (G). 220.127.116.11 Please ensure your chosen courier is able to handle biological samples according to UN3373 requirements. We recommend you select a tracked service. 18.104.22.168 !CovidTestingDirect.com may provide return label as a Goodwill gesture. In this case you may prefer to use provided label 3.3 It is your obligation to ensure that the sample is returned to !CovidTestingDirect.com with sufficient time for !CovidTestingDirect.com to be able to test the sample and provide you with result. !CovidTestingDirect.com will aim to provide results in 12-24h once sample is received at our Laboratory in Northern Ireland. This time frame is subject to change, and is approximate only, noting the above provision that time is not of the essence. 3.4 This agreement dictates the terms regarding the agreement. !CovidTestingDirect.com are not bound to adhere to any time frames that you require or may be set by a third party. 3.5 Should Covid 19 restrictions be in place in your area when you are seeking to return a sample to !CovidTestingDirect.com, if you are not legally able to travel, you must ensure that the sample is delivered by an alternative means. This is not the responsibility of !CovidTestingDirect.com and no liability will attach in this regard. 3.6 !CovidTestingDirect.com is not a travel agent and does not provide travel advice. It is your obligation to establish the requirements for travel for your journey. Different countries have different requirements. !CovidTestingDirect.com are not liable for any losses arising because you have not met your travel requirements
- OBLIGATIONS OF !CovidTestingDirect.com
4.1 Testing: !CovidTestingDirect.com will make every reasonable endeavour to analyse your sample and to provide you with a results report. However, on rare occasions, anomalies can occur during laboratory analysis, for example, issues with sample collection or processing errors. !CovidTestingDirect.com will endeavour to identify and correct any such issue. Additional samples may be required, if remaining sample is insufficient for repeat analysis. And as a consequence, results/reports may be delayed. !CovidTestingDirect.com will not be held accountable or liable for delays with testing that is outside of their control. 4.2 Results: Following receipt of your sample, we will make every reasonable endeavour to provide your test results within a reasonable timeframe following our laboratory receiving your sample. Delivery dates for test results are approximate only and !CovidTestingDirect.com will not be held liable for any delay in delivery, particularly in light of global shortages in raw materials and the unprecedented level of demand for our services in the current challenging circumstance, as well as subject to further terms in this agreement. You acknowledge that you will receive your results to the email address provided by you when booking your test. It is your responsibility to ensure that !CovidTestingDirect.com has the correct information pertaining to your email address. 4.3 Refunds/Cancellation Policy: Due to the proficiency of our services, our logistical response to orders is instantaneous. Once an order is placed, things are set in motion which cannot be undone, and the order shall be delivered accordingly. !CovidTestingDirect.com is unable to offer refunds for the following reasons: 4.3.1. The test kits are not suitable for return due to health protection or hygiene reasons, as per Article 28(3)(a) of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (“2013 Regs”) 4.3.2. It is a government requirement to meet UKAS accreditation to ensure full chain of custody of samples is traceable. Each test Kit is personalised with a unique reference number for the purposes of the testing process and further personalised with unique booking reference numbers due to government requirements for passenger locator forms The kit is therefore exempt from refunds as per Article 28(3)(b). 4.3.3. Depending on the shelf life of the subject kit, the test kits are liable to deteriorate or expire rapidly and therefore they are exempt from returns under Article 28(1)(c) of the 2013 Regs 4.3.4. Following government advice, on a zero-tolerance approach to fraud, criminal activity, and breaches of Covid restrictions and in the interests of Public Health Protection, In cases of Force Majeure as detailed in section 9 of this agreement
!CovidTestingDirect.com does not condone or encourage any breach of Covid 19 restrictions. You must consider the current legislated position in your area at the time of booking. It is your responsibility to ensure that your Obligations under contract as listed above are not in breach of local laws or restrictions. !CovidTestingDirect.com will not be held liable should any restrictions apply to you and you are unable to meet your obligations, this applies in circumstances where these restrictions change after the date of booking the Service, rendering you unable to perform your obligations. If due to Covid 19 restrictions, you are not able to travel to return your sample to one of the !CovidTestingDirect.com Drop Boxes or other return means provided as a gesture of Goodwill, then it is your obligation to arrange an alternative means for the sample to be returned to !CovidTestingDirect.com to meet your timeframe. Any individual under the age of 18 should be accompanied and supervised by an adult to assist with using the Home Test Kit or attending an appointment.
Nothing in these terms or conditions excludes or limits the liability of !CovidTestingDirect.com as follows: – 1) for death or personal injury caused by our negligence, or 2) under section 2 of the Consumer Protection Act 1987, or 3) for fraud or fraudulent misrepresentation, or 4) by the conditions implied under section 12 of the Sale of Goods Act 1979 or 5) by the conditions implied under section 2 of the Supply of Goods and Services Act 1982.!CovidTestingDirect.com shall not be liable to you for any loss of profit, loss of business, loss of opportunity, loss of goodwill, or any claims for indirect compensation whatsoever, which may arise out of, or in connection with, the use of the goods or services provided. Where you are being provided with these goods and services as a consumer, our total liability in contract, tort, misrepresentation or otherwise; arising in connection with the performance of these conditions, shall be limited to losses which are a foreseeable consequence of the failure to comply with these terms and conditions only. Different limitations may apply where you have ordered testing kits for resale to third parties, or are otherwise operating as a business, and these terms are without prejudice to any separate terms that apply in that context, which would have been communicated to you at the point of sale. Any time frames alluded to above are approximate only and subject to change. Time is not of the essence in this contract and !CovidTestingDirect.com do not accept any responsibility or liability for losses arising as a result of any delay, if the test result is not provided to you within your required timescale as may be set by you or any third party. Without prejudice to the generality of the foregoing, this limitation is to include claims for losses where you have been unable to travel or work. !CovidTestingDirect.com will not be held liable for any losses arising as a result of your failure to adhere to your obligations or follow instructions as set out in this contract.
- PERSONAL INFORMATION
- YOUR SAMPLE
By agreeing to these Terms & Conditions, you are providing !CovidTestingDirect.com with consent to test a sample that you have provided for the detection of SARS-CoV-2. This may be completed using a multitude of scientific methodologies, for further improvements of COVID specific testing systems and for the detection of mutations and Variants of concerns (VOCs). !CovidTestingDirect.com aims and expects to securely and safely destroy all samples once all testing has been completed. It is not possible to return your sample to you.
- FORCE MAJEURE
!CovidTestingDirect.com shall not be held liable for any failure to perform its obligations under this contract, if it is prevented or delayed in performing those obligations by an event of force majeure, without prejudice to the generality of the foregoing, such events may include the following: 9.1 Adverse events (such as, but not limited to, fires, explosions, earthquakes, drought, tidal waves and floods); 9.2 war, hostilities (whether war be declared or not), invasion, act of foreign enemies, mobilisation, requisition, or embargo; 9.3 rebellion, revolution, insurrection, or military or usurped power, or civil war; 9.4 contamination by radio-activity from any nuclear fuel, or from any nuclear waste from the combustion of nuclear fuel, radio-active toxic explosive, or other hazardous properties of any explosive nuclear assembly or nuclear component of such assembly; 9.5 riot, commotion, strikes, go slows, lock outs or disorder, unless solely restricted to employees of the Supplier or of his Subcontractors; or 9.6 acts or threats of terrorism. 9.7 Supply or delivery restrictions arising as a result of governmental Pandemic response. 9.8 Any performance limitations arising out of an Act of Government, or with respect to any border travel, customs delay or trade restrictions.
The unenforceability or invalidity of any clause in this Agreement whether in whole or in part, shall not have an impact on the enforceability or validity of any other clause. Any unenforceable or invalid clause shall be regarded as removed from this Agreement to the extent of its unenforceability and invalidity at the finding of a competent Court.
Aside from any legal obligations to the contrary, or disclosure of results by you to third parties, the nature of this transaction and agreement is strictly private and confidential. Any disclosure by you to non-permitted third parties, on any platform, regarding the dealings of the parties to this agreement, or the agreement terms itself, will be considered a breach of this clause. In such an event, !CovidTestingDirect.com reserves the right to enforce the terms of this agreement to the full extent of the Law against you, should it be deemed necessary by !CovidTestingDirect.com. Such proceedings may include claims for defamation, injunctive relief and pursuit of damages and reasonable legal costs associated, in the event of a legal basis for a claim arising.
- GOVERNING LAWS
The governing laws of this agreement are the Jurisdiction where the Contract was deemed to be performed.