Terms and conditions
Version number: 2
Effective date: 01/04/2020
1.2 We are Healthpath Ltd. Our company information is at the end of this document.
2. Some definitions
2.1 Here are some definitions which are used in this document (all capitalised):
- “Consumer” – an individual acting for purposes which are wholly or mainly outside that person’s trade, business, craft or profession.
- “Kit” – the test kit which we send you in connection our Service.
- “Service” – our testing service including supplying you with the Kit, arranging for laboratory analysis and providing you with the test results and any associated services.
3. What this is all about – introduction to our terms and conditions
3.1 These are our terms and conditions which apply to our Service. We’ve tried to make them user-friendly. Please read them carefully and save a copy as we don’t file a copy specifically for the transaction with you. They’re available in English only.
4. How you order – and forming a contract with us
4.1 Your order is an offer to enter a legal contract with us.
4.2 You place your order by using the ordering process on our site. This involves sending your order to us by clicking on the “Pay Now” or equivalent button. You can check and amend any errors before making an order by using the change function and/or the internet browser back button.
4.3 We accept your offer and there is a binding legal contract when we send you a confirmation email.
5. Consumer right to cancel (“cooling off”)
5.1 If you are a Consumer living in the “European Economic Area”, you have the right to cancel this contract subject to the provisions set out below.
5.2 You lose the right to cancel contracts for the supply of services which have been fully performed, i.e. completed.
5.3 If you do have the right to cancel, please see the instructions at the end of this document.
6. Who can use our Service?
6.1 You must not use, or attempt to use, our Service unless you are aged 18 or over and live permanently in the UK.
6.2 Unless you are a practitioner ordering for a named patient or a parent / guardian ordering for a child with our prior written consent (please email us), you may only order our Service for your own personal and private use. You must not order our Service for use by any another person including a family member. You must not pass the Kit to any other person or re-sell our Service.
7.1 Payment is in advance at the prices specified on our website at the time of your order. The prices shown on our website include any applicable VAT unless we say otherwise.
7.2 Subject to any applicable “cooling off” rights as explained above, you are legally committed to pay once we confirm your order. There is no refund if, for whatever reason, you later decide not to proceed with the test and/or you fail to send us your sample the laboratory (unless we are at fault).
8. Discount codes
8.1 We may offer discount codes from time to time. Such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered and are not transferrable or redeemable for cash. Unless otherwise stated: codes (1) are only available for future new orders placed online; (2) cannot be used retrospectively; (3) can only be redeemed once per customer; and (4) expire after 12 months. You cannot use more than one discount code per transaction unless we state otherwise; if we do so, the order in which the codes are to be applied is in our sole discretion.
8.2 We reserve the right to reject any discount code if we consider that it is being used in breach of these terms. Discount codes are subject to any additional specific terms and conditions which are specified at the point of issue. We reserve the right to discontinue or otherwise modify any discount codes at any time without prior notice.
9. Use of our Service
9.1 You promise that all information that you supply to us in connection with your order is accurate and not misleading and that you will tell us if there are any important changes.
Receiving the Kit
9.2 We aim to send you the Kit promptly following your order. It is your responsibility to contact us promptly to request a (free) replacement if you do not receive it within three working days or any alternative period stated on our site.
Taking and storing the sample
9.3 It is your responsibility to carefully read and follow any guidance and instructions on our website or which accompany the Kit and to contact us for clarification if you are unsure about anything.
Sending the sample to us
9.4 You must send us the sample within 6 months of the order and also within the specified number of days after the sample was taken (as any longer period may affect the accuracy of the test). If not, then we reserve the right, without refund, to decline to fulfil the order.
9.5 When sending us your sample, you must use any envelope supplied. You are responsible for ensuring that the correct postage is paid (unless a freepost option is offered), that the sample are is correctly labelled and that the packaging is also correctly labelled including for postage of human samples.
9.6 We will notify you by email once we receive your sample. It is your responsibility to contact us if you have not received this notification within seven working days or any alternative period stated on our site (for example two working days in the case of coronavirus).
Sending you the test results
9.7 We will notify you by email once the test results have been posted to your Healthpath account within the specified period following receipt of your sample but you acknowledge that this is an estimate only and that the results may take longer, for example depending on the nature of the laboratory analysis required or due to the volume of tests. In case the notification email has gone astray, it is your responsibility to contact us if you have not received notification of your results within the estimated period.
9.8 Where applicable to the test you ordered, our practitioners will endeavour to supply their comments / recommendations within three working days, or any alternative period stated on our site. You acknowledge that these periods are estimates only.
Disclaimers – very important
9.9 You acknowledge that, as with any medical test, 100% accuracy of our tests cannot be guaranteed. For example, there is always a risk of either a “false positive” or a “false negative” test result. Accordingly, we are not legally responsible for incorrect test results and you rely on the test results at your own risk.
9.10 We are not doctors and our tests are not intended to diagnose medical conditions. You agree to consult your own doctor if you require medical advice in relation to the test results or any symptoms.
9.11 Any comments / recommendations supplied by our practitioners should not be treated as medical advice. Such comments / recommendations are not intended to diagnose, prevent, or treat any medical condition or to be used as a substitute for medical advice from your own doctor. We are not legally responsible for such comments / recommendations and you rely on them at your own risk.
9.12 We reserve the right to destroy any sample following transmission of test results.
10. Suspending or ending our Service
10.1 We reserve the right at any time, without refund, to suspend or end our Service if have reason to suspect that your use of our Service is in breach of our terms and conditions or if any amount due to us is unpaid or charged back.
11. Functioning of our website
11.1 We do not guarantee that our website will be uninterrupted or error-free and we are not responsible for any losses arising from such errors or interruptions. We are entitled, without notice and without liability (a) to suspend the website for repair, maintenance, improvement or other technical reason and (b) to make changes to our website.
12. Your account
12.1 Your account on our website is for your personal use only and is non-transferable. You must not authorise or permit any other person to use your account. You undertake to take reasonable care to keep your login information confidential and to notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password. You are responsible for third parties who use your account or identity (unless and to the extent that we are at fault).
12.2 We are entitled at any time for any reason after our contract to supply services to you has ended and with or without notice to terminate your account on our site and/ or to delete all test results and other data contained therein. It is your responsibility to download the test results (to the extent that they are downloadable) if you wish to save them for future use.
13. Liability – restrictions on our legal responsibility (IMPORTANT)
13.1 Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our employees and agents.
13.2 Very important: If you are a Consumer, we shall not be liable for any loss or damage caused by us or our employees or agents in circumstances where:
- there is no breach of a legal duty owed to you by us or by any of our employees or agents;
- such loss or damage was not reasonably foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract);
- such loss or damage is caused by you, for example by not complying with this agreement; or
- such loss or damage relates to a business of yours.
13.3 Very important: If you are a Consumer, you will be liable for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement or misuse of our Service (subject of course to our obligation to mitigate any losses).
13.4 The following clauses apply only if you are not a Consumer:
- Our total aggregate liability of any kind (including our own negligence) is limited to the total fees paid by you to us in connection with our Service.
- In no event (including our own negligence) will we be liable for any:
- economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
- loss of goodwill or reputation;
- special, indirect or consequential losses; or
- damage to or loss of data
(even if we have been advised of the possibility of such losses).
- You will indemnify us against all claims and liabilities directly or indirectly related to your use of the Service and/or breach of this agreement.
- To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement.
- This agreement constitutes the entire agreement between us with respect to its subject matter and supercedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded.
14.1 You acknowledge and agree that we may process your personal information in accordance with the terms of our privacy and cookies policy which is subject to change from time to time.
15. Events outside our control
15.1 We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures.
16.1 We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.
17. English law
17.1 This contract is under English law and any disputes will be decided only by the courts of the United Kingdom. You may be entitled to use an EU online dispute resolution service to assist with any contractual dispute you may have with us. This service can be found at http://ec.europa.eu/consumers/odr/. Our email address is at the end of this document.
18. General but important stuff
18.1 We may send all notices under this agreement by email to the most recent email address you have supplied to us (unless otherwise stated above). Headings used in this agreement are for information and not binding. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (i.e. that it cannot be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, the rest of the agreement shall continue to apply. A person who is not a party to this agreement shall have no rights to enforce this agreement except insofar as expressly stated otherwise. The parties are independent contractors and, except as otherwise specifically stated above, nothing in this agreement constitutes any party as agent, employee or representative of the other.
19.1 If you have any complaints, please contact us via the contact details shown below.
20. Company information
- Company name: Healthpath Ltd
- Trading name: “Healthpath”
- Country of incorporation: England and Wales.
- Registered number: 11355212
- Registered office and trading address: 85 Great Portland Street, London W1W 7LT, UK
- Contact email address: firstname.lastname@example.org
- Other contact information: See our website.
RIGHT TO CANCEL (“COOLING OFF”)
The following applies if you have the right to cancel this contract (as explained above):
Right to cancel
1. You have the right to cancel this contract within 14 days without giving any reason.
2. The cancellation period will expire after 14 days from the day of the conclusion of the contract.
3. To exercise the right to cancel, you must inform us Healthpath Ltd, 85 Great Portland Street, London W1W 7LT, UK (email address above) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You may use the model cancellation form below but it is not obligatory.
4. 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.
Effects of cancellation
5. If you cancel this contract, we will reimburse to you all payments received from you.
6. We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract.
7. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any card transaction fees as a result of the reimbursement.
8. If you requested us to begin the performance of services during the cancellation period, you shall pay us an amount which is in proportion to what has been performed until you have communicated to us your cancellation of this contract in comparison with the full coverage of the contract. (Please note that if we have despatched a test kit, the proportional fee for services supplied is likely to be in the region of £35).
MODEL CANCELLATION TEMPLATE
Complete and return this template only if you wish to cancel the contract:
— To Healthpath Ltd, 85 Great Portland Street, London W1W 7LT, UK
(email address above):
— I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/ for the supply of the following service [*],
— Ordered on [*]/received on [*],
— Name of consumer(s),
— Address of consumer(s),
— Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate