Terms & Conditions
1. Agreement & Who we are
These Terms and Conditions of Business governs the relationship which will exist between us. By continuing to use the services of 118Testing.com we shall be entitled to assume you have agreed to the terms and conditions set out here. Unless otherwise agreed, these Terms and Conditions of Business shall apply to any future instructions given by you to 118 Testing.
Who we are. We are 118Testing.com. You can contact us by writing to us at email@example.com. 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. Any information you supply to us will be used to provide our services to you
2. Our PCR Testing Services
Mandatory Day 2 and Day 8 International Arrival PCR Tests. These can be booked online on our website.
3. Provision of our Testing Kits
118Testing.com will not be liable for any loss or damage (including refunds) suffered by you due to:
3.1 Incorrect use of any kits by you;
3.2 Failure to follow instructions provided with the kit or on our website;
3.3 Failure to activate the kit on the laboratory portal;
3.4 Failure to enter a correct email;
3.4 Failure to follow instructions to post the test kit to the laboratory;
3.5 Posting the kit without activating the kit as directed in the instructions;
3.6 Posting the kit without taking the test;
3.7 Failures or delays by third parties used in connection with the provision of our PCR testing service such as the postal system, couriers and our partner laboratory (Circular1);
3.8 Reliance on any guidance on travel regulations by us. It is your responsibility to comply with the current travel regulation in force.
4. Refunds Policy & Returns Policy
We operate a strict no refund and returns policy with no exceptions. This is due to risk of transmission of the virus.
4.1 If the test booking reference number (STCOV number) has been generated by us and sent to you we cannot provide a refund.
4.2 The covid testing kits cannot be returned to us once received by you.
4.3 We cannot provide a refund for leakage from the sample collection bottle or missing swab. In these circumstances a replacement item will be dispatched on request.
4.4 We cannot provide a refund for delays in receipt of the testing kits or results from the laboratory as a result of factors outside of our control such as delays in the postal system or delays in processing the kits by the laboratory.
4.5 We cannot provide a refund as a result of one or more of the failures at paragraph 3 above.
4.6 You cannot terminate the contract, in accordance with paragraph 8, between us if 4.1 has occurred.
5. Statutory Rights
Your statutory rights as a consumer under the Consumers Contracts (Information, Cancellation and additional Charges) Regulations 2013 are not affected by the above Refunds Policy.
6. Responsibility for Losses or Damages Suffered by You as a Results of our Services
6.1 We are responsible to you for foreseeable loss and damage caused by us. 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. 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. 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. 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.
6.2 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; or for breach of your legal rights in relation to the services.
6.3 We are not liable for business losses. We only supply the services for domestic and private use. 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.
6.4 Third parties. 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.
7. How we will use your personal information.
7.1 We will use the personal information you provide to us:
to provide Covid testing services to you; and
to process your payment for the services.
7.2 We may also, with your agreement, use certain of the personal information you provide to us to market to you. By using our services, you agree that we may use your data relating to you on an anonymous aggregated basis.
7.3 Where you provide us with special types of personal information, we will only process such information in so far as it is necessary in order to provide you with health care or treatment or to comply with the law. We will not process this information for any other purpose without your express consent.
7.4 We may give your personal information to third parties if it is necessary to complete the service you have requested from us, with your consent or where the law either requires or allows us to do so.
7.5 We will only retain your personal information for as long as is necessary to provide the services to you.
8. Termination of Contract
8.1 Under the Consumer Contracts Regulations 2013, you have the right to cancel this contract within 14 days without giving any reason. This only applies where contracts are agreed away from our premises or where we are not both physically present. To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Please note the termination of contract provisions are not applicable if the service has already been provided in accordance with paragraph 3 and 4 above.
You can make contact with us in one of the following ways to cancel the contract:
Email us: firstname.lastname@example.org; or
By post: 250 Kings Park Avenue, Glasgow, G44 4JE
8.2 We will refund you the price you paid for the services as soon as possible provided you have informed us within 14 days of ordering or paying for the service.
8.3 Notice of termination will be effective from the date and time of receipt.
8.4 Please note termination of the contract between us is subject to paragraph 4 above.
9. Rights of Third Parties
9.1 A person who is not a party to this agreement shall not be entitled to enforce any of its terms.
10. Applicable Law
10.1 Any dispute or legal issue arising from our terms of business will be determined by British law.
11. Equality and Diversity
11.1 We are committed to promoting equality and diversity in all of our dealings with clients, third parties and employees. Please contact us for a copy of our equality and diversity policy.
12. Data Protection
12.1 We use the information you provide primarily for the provision of covid testing to you and legal and regulatory compliance.
12.2 Our use of that information is subject to your instructions, the Data Protection Act 1998, General Data Protection Regulation and our duty of confidentiality. You have a right of access under data protection legislation to the personal data that we hold about you.
13. IMPORTANT DISCLAIMERS THAT LIMIT OUR LIABILITY TO YOU (PLEASE READ CAREFULLY):
No test is 100% accurate – please note that no test for SARS-CoV-2 is 100% accurate in either sensitivity (correctly identifying true positives) or specificity (correctly identifying true negatives) and, subject to applicable law, we shall not be liable to you for any loss occasioned for false positive or false negative results or for any inconclusive results.