Corona Test Centre Terms and Conditions (in-clinic and at-home)

Please note that provisions set out in bold in the Terms and Conditions below apply and are relevant to In-clinic testing.

Provisions shown in italics apply and are relevant to at-home testing.

1.1

These Terms govern:

1.1.1

the use of Corona Test Centre, and,

1.1.2

any other related Agreement or legal relationship with the Owner in a legally binding way. Capitalised words are defined in the relevant dedicated Definitions section of this document at paragraph 27.

1.2

The User must read this document carefully.

1.3

Corona Test Centre is provided by:

1.3.1

X Medical Ltd, 224 Shoreditch High St, London, E1 6PJ

1.3.2

Owner contact email: [email protected]

2
information about corona test centre
2.1

X Medical trading as "Corona Test Centre" offers Antigen, Antibody and PCR swab testing services for NHS workers, frontline workers and members of the public in the UK.

2.2

"Corona Test Centre" refers to

2.2.1

this website, including its subdomains and any other website through which the Owner makes its Service available;

2.2.2

the Service;

2.2.3

any applications, sample and content files, source code, scripts, instruction sets or software included as part of the Service, as well as any related documentation;

3
what the user should know at a glance
3.1

Please note that some provisions in these Terms may only apply to certain categories of Users. In particular, certain provisions may only apply to Consumers or to those Users that do not qualify as Consumers. Such limitations are always explicitly mentioned within each affected clause. In the absence of any such mention, clauses apply to all Users.

3.2

Certain provisions also only apply to tests taken at-home and some provisions to Services provided in-clinic.  

3.3

Please note that provisions set out in bold in the Terms and Conditions below apply and are relevant to In-clinic testing.

Provisions shown in italics apply and are relevant to at-home testing.

Terms of Use

Unless otherwise specified, the terms of use detailed in this section apply generally when using Corona Test Centre.

Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.

4
account registration
4.1

To use the Service Users may register or create a User account, providing all required data or information in a complete and truthful manner.

4.2

Users may also use the Service without registering or creating a User account, however, this may cause limited availability of certain features or functions.

4.3

Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by Corona Test Centre.

4.4

By registering, Users agree to be fully responsible for all activities that occur under their username and password.

4.5

Users are required to immediately and unambiguously inform the Owner via the contact details indicated in this document, if they think their personal information, including but not limited to User accounts, access credentials or personal data, have been violated, unduly disclosed or stolen.

Account termination

4.6

Users can terminate their account and stop using the Service at any time by doing the following:

4.6.1

By directly contacting the Owner at the contact details provided in this document.

Account suspension and deletion

4.7

The Owner reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts which it deems inappropriate, offensive or in violation of these Terms.

4.8

The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement.

4.9

The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.

5
content on corona test centre
5.1

Unless where otherwise specified or clearly recognisable, all content available on Corona Test Centre is owned or provided by the Owner or its licensors.

5.2

The Owner undertakes its utmost effort to ensure that the content provided on Corona Test Centre infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.  In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.

Rights regarding content on Corona Test Centre - All rights reserved

5.3

The Owner holds and reserves all intellectual property rights for any such content.

5.4

Users may not therefore use such content in any way that is not necessary or implicit in the proper use of the Service.

5.5

In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on Corona Test Centre, nor allow any third party to do so through the User or their device, even without the User's knowledge.

5.6

Where explicitly stated on Corona Test Centre, the User may download, copy and/or share some content available through Corona Test Centre for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.

5.7

Any applicable statutory limitation or exception to copyright shall stay unaffected.

6
access to external resources
6.1

Through Corona Test Centre Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.

6.2

Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.

7
acceptable use 
7.1

Corona Test Centre and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.

7.2

Users are solely responsible for making sure that their use of Corona Test Centre and/or the Service violates no applicable law, regulations or third-party rights.

7.3

Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to Corona Test Centre or the Service, terminating contracts, reporting any misconduct performed through Corona Test Centre or the Service to the competent authorities – such as judicial or administrative authorities - whenever Users engage or are suspected to engage in any of the following activities:

7.3.1

violate laws, regulations and/or these Terms;

7.3.2

infringe any third-party rights;

7.3.3

considerably impair the Owner’s legitimate interests;

7.3.4

offend the Owner or any third party.

8
“tell-a-friend”
8.1

Corona Test Centre gives Users the opportunity to receive advantages if, as a result of their recommendation, any new User purchases a Product offered on Corona Test Centre. In order to take advantage of this offer, Users may invite others to purchase the Products on Corona Test Centre by sending them a tell-a-friend code provided by the Owner. Such codes can only be redeemed once.  If upon purchase of the Products on Corona Test Centre any of the persons invited redeems a tell-a-friend code, the inviting User shall receive the advantage or benefit (such as: a price reduction, an additional service feature, an upgrade etc.) specified on Corona Test Centre. Tell-a-friend codes may be limited to specific Products among those offered on Corona Test Centre.

8.2

The Owner reserves the right to end the offer at any time at its own discretion.

8.3

While no general limitation applies to the number of persons that can be invited, the amount of advantage or benefit that each inviting User can receive, may be limited.

TERMS AND CONDITIONS OF SALE

9
PAID PRODUCTS
9.1

Some of the Products provided on Corona Test Centre, as part of the Service, are provided on the basis of payment.

9.2

The fees, duration and conditions applicable to the purchase of such Products are described below and in the dedicated sections of  our Website.

10
PRODUCT DESCRIPTION 
10.1

Prices, descriptions or availability of Products are outlined in the respective sections of our Website and are subject to change without notice.

10.2

While Products on Corona Test Centre are presented with the greatest accuracy technically possible, representation on Corona Test Centre through any means (including, as the case may be, graphic material, images, colours, sounds) is for reference only and implies no warranty as to the characteristics of the purchased Product.

10.3

The characteristics of the chosen Product will be outlined during the purchasing process.

11
PURCHASING PROCESS
11.1

Any steps taken from choosing a Product to order submission form part of the purchasing process.

11.2

The purchasing process includes these steps:

11.2.1

Users must choose the desired Product and verify their purchase selection.

11.2.2

After having reviewed the information displayed in the purchase selection, Users may place the order by submitting it.

12
ORDER SUBMISSION 
12.1

When the User submits an order, the following applies:

12.1.1

The submission of an order determines contract conclusion and therefore creates for the User the obligation to pay the price, taxes and possible further fees and expenses, as specified on the order page.

12.1.2

In case the purchased Product requires active input from the User, such as the provision of personal information or data, specifications or special wishes, the order submission creates an obligation for the User to cooperate accordingly.

12.1.3

Upon submission of the order, Users will receive a receipt confirming that the order has been received.

12.2

All notifications related to the described purchasing process shall be sent to the email address provided by the User for such purposes.

13
PRICES
13.1

Users are informed during the purchasing process and before order submission, about any fees, taxes and costs (including, if any, delivery costs) that they will be charged.

13.2

Prices on Corona Test Centre are displayed either exclusive or inclusive of any applicable fees, taxes and costs, depending on the section the User is browsing.

14
OFFERS AND DISCOUNTS
14.1

The Owner may offer discounts or provide special offers for the purchase of Products. Any such offer or discount shall always be subject to the eligibility criteria and the terms and conditions set out in the corresponding section of Corona Test Centre.

14.2

Offers and discounts are always granted at the Owner’s sole discretion.

14.3

Repeated or recurring offers or discounts create no claim/title or right that Users may enforce in the future.

14.4

Depending on the case, discounts or offers shall be valid for a limited time only or while stocks last. If an offer or discount is limited by time, the time indications refer to the time zone of the Owner, as indicated in the Owner’s location details in this document, unless otherwise specified.

15
COUPONs
15.1

Offers or discounts can be based on Coupons.

15.2

If breach of the conditions applicable to Coupons occurs, the Owner can legitimately refuse to fulfil its contractual obligations and expressly reserves the right to take appropriate legal action to protect its rights and interests.

15.3

Notwithstanding the provisions below, any additional or diverging rules applicable to using the Coupon displayed in the corresponding information page or on the Coupon itself shall always prevail.

15.4

Unless otherwise stated, these rules apply to the use of Coupons:

15.4.1

Each Coupon is only valid when used in the manner and within the timeframe specified on the Website and/or the Coupon;

15.4.2

A Coupon may only be applied, in its entirety, at the actual time of purchase – partial use is not permitted;

15.4.3

Unless otherwise stated, single-use Coupons may only be used once per purchase and therefore may only be applied a single time even in cases involving instalment-based purchases;

15.4.4

A Coupon cannot be applied cumulatively;

15.4.5

The Coupon must be redeemed exclusively within the time specified in the offer. After this period, the Coupon will automatically expire, precluding any possibility for the User to claim the relevant rights, including cash-out;

15.4.6

The User is not entitled to any credit/refund/compensation if there is a difference between the value of the Coupon and the redeemed value;

15.4.7

The Coupon is intended solely for non–commercial use. Any reproduction, counterfeiting and commercial trade of the Coupon is strictly forbidden, along with any illegal activity related to the purchase and/or use of the Coupon.

16
METHOD OF PAYMENT
16.1

Information related to accepted payment methods are made available during the purchasing process.

16.2

Some payment methods may only be available subject to additional conditions or fees. In such cases related information can be found in the dedicated section of our Website.

16.3

Payment methods marked accordingly are managed directly by the Owner. In this case, the Owner collects and stores the data necessary for the processing of payments and for fulfilling any legal obligation related to them. The User may read the privacy policy of Corona Test Centre to learn more about the data processing and Users’ rights regarding their data.

16.4

Other payment methods – if any – are independently provided by third-party services. In such cases Corona Test Centre collects no payment information – such as credit card details – but only receives a notification from the relevant third-party provider once the payment has been successfully completed.

16.5

If payment through the available methods fails, the Owner shall be under no obligation to fulfil the purchase order. Any possible costs or fees resulting from the failed or refused payment shall be borne by the User.

17
AUTHORISATION FOR FUTURE PAYPAL PAYMENT
17.1

If Users authorise the PayPal feature which allows future purchases, Corona Test Centre will store an identification code linked to the Users’ PayPal account. This will authorise Corona Test Centre to automatically process payments for future purchases or recurring instalments of past purchases.

17.2

This authorisation can be revoked at any time, either by contacting the Owner or by changing the user settings offered by PayPal.

18
retention of product ownership 
18.1

Until payment of the total purchase price is received by the Owner, any Products ordered shall not become the User’s property.

19
retention of usage rights 
19.1

Users do not acquire any rights to use the purchased Product until the total purchase price is received by the Owner.

20
delivery FOR AT HOME TESTING
20.1

Deliveries are made to the address indicated by the User and in the manner specified in the order summary.

20.2

Upon delivery, Users must verify the content of the delivery and report anomalies without undue delay, using the contact details provided in this document or as described in the delivery note. Users may refuse to accept the parcel if visibly damaged.

20.3

Goods are delivered to the countries or territories specified in the relevant section of Corona Test Centre.

20.4

Delivery times are specified on our Website or during the purchasing process.

“Click and collect”

20.5

Users may choose to collect their purchase at one of the “collection points” outlined in the dedicated section of our Website and according to the timeframe communicated.

Failed delivery

20.6

The Owner cannot be held responsible for delivery errors due to inaccuracies or incompleteness in the execution of the purchase order by the User, nor for any damages or delays after handover to the carrier if the latter is arranged by the User.

20.7

If the goods are not received or collected at the time or within the deadline specified, the goods will be returned to the Owner, who will contact the User to schedule a second delivery attempt or to agree on the future course of action.

20.8

Unless otherwise agreed, any delivery attempt starting from the second shall be at the User’s expense.

Delivery subject to conditions

20.9

The delivery of certain Products, restricted content or the like, may be subject to further conditions under applicable law, the Terms or any other related document.

20.10

Upon delivery of such Products, Users may be required to provide evidence or declare that such conditions – e.g. being considered an adult under applicable law – are met.
In such situations, failure to meet the conditions set forth by law or contract may make it impossible to deliver the Products.

Performance of services

20.11

The purchased service shall be performed or made available within the timeframe specified on our Website or as communicated before the order submission.

21
face coverings WHERE TESTING IN CLINIC 
21.1

Following a risk assessment on infection control, in order to protect other Users and our employees, we ask that all Users of our Services wear appropriate face coverings when on our clinics  for the duration of your visit (unless the User is unable to wear a face covering for medical reasons, and can provide the relevant evidence in support of this, when requested). 

21.2

At our discretion, we reserve the right to refuse entry to an individual to our clinics if any User unreasonably does not comply with this face covering requirement. Refunds will not be issued to Users who have been refused entry on the basis of that User’s unreasonable refusal to wear a face covering. 

USER RIGHTS

22
right of withdrawal 
22.1

Unless exceptions apply, the User may be eligible to withdraw from the contract within the period specified below (generally 14 days), for any reason and without justification. Users can learn more about the withdrawal conditions within this section.

Exercising the right of withdrawal

22.2

To exercise their right of withdrawal, Users must send to the Owner an unequivocal statement of their intention to withdraw from the contract.

22.3

To this end, Users may use the model withdrawal form available from within the “definitions” section of this document. Users are, however, free to express their intention to withdraw from the contract by making an unequivocal statement in any other suitable way. In order to meet the deadline within which they can exercise such right, Users must send the withdrawal notice before the withdrawal period expires.

When does the withdrawal period expire?

22.4

Regarding the purchase of goods for use at home, the withdrawal period expires 14 days after the day on which the User or a third party – other than the carrier and designated by the User – takes physical possession of the goods.

22.5

Regarding the purchase of several goods ordered together but delivered separately or in case of purchase of a single good consisting of multiple lots or pieces delivered separately, the withdrawal period expires 14 days after the day on which the User or a third party – other than the carrier and designated by the User – acquires physical possession of the last good, lot or piece.

22.6

Regarding the purchase of a Service to be used in-clinic, the withdrawal period expires 14 days after the day that the contract is entered into, unless the User has waived the withdrawal right.

Effects of withdrawal

22.7

Users who correctly withdraw from a contract will be reimbursed by the Owner for all payments made to the Owner, including, if any, those covering the costs of delivery.

22.8

However, any additional costs resulting from the choice of a particular delivery method other than the least expensive type of standard delivery offered by the Owner, will not be reimbursed.

22.9

Such reimbursement shall be made without undue delay and, in any event, no later than 14 days from the day on which the Owner is informed of the User’s decision to withdraw from the contract. Unless otherwise agreed with the User, reimbursements will be made using the same means of payment as used to process the initial transaction. In any event, the User shall not incur any costs or fees as a result of such reimbursement.

Effects of withdrawal on the purchase of physical goods to be used at home

22.10

Unless the Owner has offered to collect the goods, Users shall send back the goods or hand them over to the Owner, or to a person authorised by the latter to receive the goods, without undue delay and in any event within 14 days from the day on which they communicated their decision to withdraw from the contract.

22.11

The deadline is met if the goods are handed to the carrier, or otherwise returned as indicated above, before the expiration of the 14-days-period for returning the goods. The reimbursement may be withheld until reception of the goods, or until Users have supplied evidence of having returned the goods, whichever is the earliest.

22.12

Users shall only be liable for any diminished value of the goods resulting from the handling of the goods outside of that which is necessary to establish their nature, characteristics and functioning.

22.13

The costs of returning the goods are borne by the User.

Effects of withdrawal on the purchase of Services to be used in-clinic

22.14

Where a User exercises the right of withdrawal after having requested that the service be performed before the withdrawal period expires, the User shall pay to the Owner an amount which is in proportion to the part of service provided.

22.15

Such payment shall be calculated based on the fee contractually agreed upon, and be proportional to the part of service provided until the time the User withdraws, compared with the full coverage of the contract.

Exceptions from the right of withdrawal

22.16

The right of withdrawal does not apply to contracts:

22.16.1

for the supply of goods or Services for which the price is dependent on fluctuations in the financial market which cannot be controlled by the Owner and which may occur within the withdrawal period;

22.16.2

for the supply of goods which are liable to deteriorate or expire rapidly;

22.16.3

for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;

22.16.4

for the supply of goods which are, after delivery, according to their nature, inseparably mixed with other items;

22.16.5

for the provision of services, after the service has been fully performed if the performance has begun with the consumer’s prior express consent, and with their acknowledgement that their right of withdrawal is lost once the contract has been fully performed;

22.16.6

where the User has selected enhanced delivery;

22.16.7

where the value of the goods has been diminished by the User’s handling;

22.16.8

where the goods have been returned by the User; and

22.16.9

where the User requests an early supply of the Services

23
legal guarantee of confirmity for goods 
23.1

Corona Test Centre guarantee the conformity of the goods for one (1) year . Corona Test Centre ensures that the goods purchased have the promised quality, or the quality that can be reasonably expected, functionality or characteristics for one (1) year after they’ve been delivered to the purchaser.

23.2

Where Users qualify as European Consumers, the legal guarantee of conformity for goods applies to the items available on Corona Test Centre in accordance with the laws of the country of their habitual residence.

23.3

National laws of such country may grant such Users broader rights.

23.4

Consumers who do not qualify as European may benefit from legal guarantee of conformity rights in accordance with the legislation of the country of their habitual residence.

24
liability and indemnification

Australian Users for at-home tests

Limitation of liability

24.1

Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy which the User may have under the Competition and Consumer Act 2010 (Cth) or any similar State and Territory legislation and which cannot be excluded, restricted or modified (non-excludable right). To the fullest extent permitted by law, our liability to the User, including liability for a breach of a non-excludable right and liability which is not otherwise excluded under these Terms of Use, is limited, at the Owner’s sole discretion, to the re-performance of the services or the payment of the cost of having the services supplied again.

US Users for at-home tests

Disclaimer of Warranties

24.2

Corona Test Centre is provided strictly on an “as is” and “as available” basis. Use of the Service is at Users’ own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by user from owner or through the Service will create any warranty not expressly stated herein.

24.3

Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will meet Users’ requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at users own risk and users shall be solely responsible for any damage to Users’ computer system or mobile device or loss of data that results from such download or Users’ use of the Service.

24.4

The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and the Owner shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.

24.5

The Service may become inaccessible or it may not function properly with Users’ web browser, mobile device, and/or operating system. The owner cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Service.

24.6

Federal law, some states, and other jurisdictions, do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law.

Limitations of liability

24.7

To the maximum extent permitted by applicable law, in no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for:

24.7.1

any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and

24.7.2

any damage, loss or injury resulting from hacking, tampering or other unauthorised access or use of the Service or User account or the information contained therein;

24.7.3

any errors, mistakes, or inaccuracies of content;

24.7.4

personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the Service;

24.7.5

any unauthorised access to or use of the Owner’s secure servers and/or any and all personal information stored therein;

24.7.6

any interruption or cessation of transmission to or from the Service;

24.7.7

any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service;

24.7.8

any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or

24.7.9

the defamatory, offensive, or illegal conduct of any User or third party. In no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by User to the Owner hereunder in the preceding 12 months, or the period of duration of this agreement between the Owner and User, whichever is shorter.

24.8

This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if company has been advised of the possibility of such damage.

24.9

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to User. The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.

Indemnification

24.10

The User agrees to defend, indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from:

24.10.1

User’s use of and access to the Service, including any data or content transmitted or received by User;

24.10.2

User’s violation of these terms, including, but not limited to, User’s breach of any of the representations and warranties set forth in these terms;

24.10.3

User’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;

24.10.4

User’s violation of any statutory law, rule, or regulation;

24.10.5

any content that is submitted from User’s account, including third party access with User’s unique username, password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;

24.10.6

User’s wilful misconduct; or

24.10.7

statutory provision by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees to the extent allowed by applicable law.

25
common provisions

Service interruption

25.1

To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.

25.2

Within the limits of law, the Owner may also decide to suspend or terminate the Service altogether. If the Service is terminated, the Owner will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law.

25.3

Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” (e.g. labour actions, infrastructural breakdowns or blackouts etc.).

Service reselling

25.4

Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of Corona Test Centre and of its Service without the Owner’s express prior written permission, granted either directly or through a legitimate reselling programme.

Privacy policy

25.5

To learn more about the use of their Personal Data, Users may refer to the privacy policy of Corona Test Centre.

Intellectual property rights

25.6

Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to Corona Test Centre are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.

25.7

All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with Corona Test Centre are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.

Changes to these Terms

25.8

The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes.

25.9

Such changes will only affect the relationship with the User for the future.

25.10

The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service. Failure to accept the revised Terms, may entitle either party to terminate the Agreement.

25.11

The applicable previous version will govern the relationship prior to the User's acceptance. The User can obtain any previous version from the Owner.

25.12

If required by applicable law, the Owner will specify the date by which the modified Terms will enter into force.

Assignment of contract

25.13

The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.

25.14

Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.

Contacts

25.15

All communications relating to the use of Corona Test Centre must be sent using the contact information stated in this document.

US Users for at-home tests

25.16

Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These Terms constitute the entire Agreement between Users and the Owner with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.

EU Users for at-home tests

25.17

Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.
In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.

25.18

Without prejudice to the above, the nullity, invalidity or the impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.

Exception for European Consumers

25.19

However, regardless of the above, if the User qualifies as a European Consumer and has their habitual residence in a country where the law provides for a higher consumer protection standard, such higher standards shall prevail.

Venue of jurisdiction

25.20

The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where the Owner is based, as displayed in the relevant section of this document.

26
dispute resolution

Amicable dispute resolution

26.1

Users may bring any disputes to the Owner who will try to resolve them amicably.

26.2

While Users' right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of Corona Test Centre or the Service, Users are kindly asked to contact the Owner at the contact details provided in this document.

26.3

The User may submit the complaint including a brief description and if applicable, the details of the related order, purchase, or account, to the Owner’s email address specified in this document.

26.4

The Owner will process the complaint without undue delay and within 28 days of receiving it.

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definitions and legal references

Consumer: Any User qualifying as a natural person who accesses goods or services for personal use, or more generally, acts for purposes outside their trade, business, craft or profession.

Corona Test Centre (or this Application): The property that enables the provision of the Service.

Agreement: Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.

Coupon: Any code or voucher, in print or electronic form, which allows the User to purchase the Product at a discounted price.

European (or Europe): Applies where a User is physically present or has their registered offices within the EU, regardless of nationality.

Example withdrawal form

Addressed to:

X Medical Ltd, 224 Shoreditch High St, London, E1 6PJ
[email protected]

I/We hereby give notice that I/we withdraw from my/our contract of sale of the following goods/for the provision of the following service:

______________________________________ (insert a description of the goods/services that are subject to the respective withdrawal)

Ordered on: ______________________________________ (insert the date)

Received on: ______________________________________ (insert the date)

Name of consumer(s):___________________________

Address of consumer(s):___________________________

Date: ______________________________________

(sign if this form is notified on paper)

Owner (or We): Indicates the natural person(s) or legal entity that provides Corona Test Centre and/or the Service to Users.

Product(s): A good or service available for purchase through Corona Test Centre, such as e.g. physical goods, digital files, software, booking services etc. The sale of Products may be part of the Service.

Service(s): The service provided by Corona Test Centre as described in these Terms and on Corona Test Centre.

Terms: All provisions applicable to the use of Corona Test Centre and/or the Service as described in this document, including any other related documents or agreements, and as updated from time to time.

Travel Test Package(s): a test package bundle involving a number of tests. 

User (or You): Indicates any natural person or legal entity using Corona Test Centre.

Website: https://www.coronatestcentre.com/

ADDITIONAL TERMS AND CONDITIONS

28
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US 
28.1

After placing an order for an appointment at our Corona Test Centre clinic, you will receive an Order Confirmation. Your order constitutes an offer by you to purchase our Services, and that you consent to those services. Once an appointment has been made for you at the time and date that order will be accepted by us and you will be subject to our normal cancellation policy.

28.2

All orders are subject to acceptance by us, and we will confirm such acceptance to you by email to confirm the details of your appointment, including the location of the clinic at which the Services are to be provided; (together the "Order Confirmation”).  The contract between us (the “Contract”) will only be formed when we send you confirmation. The Contract will relate only to those Services we have confirmed in the Order Confirmation.

29
CANCELLATIONS AND REARRANGEMENT OF APPOINTMENT POLICY 
29.1

If you exercise your Right of Withdrawal during the first 14 days of entering into our Contract, you will be entitled to full reimbursement of any and all fees paid. You can find details of your Right of Withdrawal at clause 22.

29.2

The following arrangements apply once your Right of Withdrawal expires, which is 14 days after you enter into our Contract.

29.3

If you cancel your appointment with more than 24 hours’ notice before the scheduled time of your appointment, you will be charged a £50 cancellation fee, which will be deducted from your refund. If you need to rearrange your appointment with us and you give us at least 24 hours’ notice that you would like to rearrange your appointment instead of cancelling it, then we will waive our right to charge you an administration fee of £50 for rearranging your appointment

29.4

If you wish to cancel or rearrange an appointment we are under no obligation to refund any payment to you if you cancel or rearrange with less than 24 hours’ notice of the scheduled time of your appointment with us. If you rearrange your appointment with less than 24 hours’ notice of the scheduled time of your appointment, we will charge you an administration fee of £50 for rearranging your appointment.

29.5

You may contact us at any time prior to your appointment to cancel your appointment. If you wish to cancel your appointment, our Refunds Policy will apply.

29.6

If you have a temperature above 37.5°C or display symptoms of COVID-19 we'll ask you to come back another day for your test once your symptoms have passed. A £50 administration fee for rearranging your appointment may apply.

Our Refunds Policy

29.7

If you exercise your Right of Withdrawal during the first 14 days of entering into our Contract, you will be entitled to full reimbursement of any and all fees paid. You can find details of your Right of Withdrawal in our Terms and Conditions at clause 22.

29.8

Our Refunds Policy applies once your Right of Withdrawal expires, which is 14 days after you enter into our Contract.

29.9

This is with the exception of all Travel Test Packages that contain a Day 2, Day 8 or Day 5 Test to Release test listed on our Website. All Travel Test Packages are non-refundable. This is because these packages contain mandatory government tests that require you to enter a uniquely generated Booking Reference into your Passenger Locator Form (PFL) to gain entry to the UK as an international arrival after purchase. These tests are a legal requirement for entry to the UK.

29.10

Failing to take your mandated government tests is a criminal offence and carries a fine of up to £2,000.

29.11

‍Supplying this Booking Reference to you is considered by the Department of Health & Social Care (DHSC) as services rendered and thus, you will not be eligible for any refund.

29.12

Therefore, in this case, there will be no legal obligation for Corona Test Centre to provide a refund in these circumstances. All Travel Test Packages must be used within 30 days of purchase.

29.13

As an alternative to cancellation and refund, we may discuss other options with you such as credits or vouchers for future use, but where a legal right to cancellation and refund exists, your right to a cancellation and refund will always be an option.

29.14

Refunds will be provided in one of the following ways:

29.14.1

Payment made via bank transfer – the appropriate amount of refund will be repaid to a nominated bank account of your choice; or

29.14.2

Payment made on a credit or debit card – the appropriate amount of refund will be repaid to the relevant credit or debit card.

Please contact us on [email protected] if you would like to cancel or reschedule your appointment.

29.15

Refunds will not be issued to Users who have been refused entry on the basis of a User’s unreasonable refusal to wear a face covering. 

29.16

If a User buys a Day 2 and Day 8 Travel Test Package by mistake and can provide evidence of their full vaccination status in the UK, EU or USA and they have not already sent to their Corona Test Centre their sample, Corona Test Centre will refund the User the difference between a Day 2 test and a Day 2 and Day 8 Travel Test Package.

30
YOUR OBLIGATIONS 
30.1

When booking an appointment you accept that it is your responsibility to attend the appointment at the time and on the date specified in the Order Confirmation and to comply with any instructions provided to you at that time.

30.2

When you book an appointment, you accept that you have requested a method of communication for results, if this method fails, or is not available, or in the opinion of Corona Test Centre an alternative method of communication is in the best interests of you and public health, an alternative method of communication with you may be used.

30.3

If you book any appointment with Corona Test Centre you are consenting to the sample collection procedure associated with that test or tests and the performance of those tests in any laboratory.  

30.4

If there is an emergency during phlebotomy such as (but not limited to) you feeling unwell or fainting, then we would call an emergency service and would need to disclose to them such details as they request about the circumstances.

31
PRICE AND PAYMENT
31.1

The price of the Services will be as quoted on our sites from time to time, except in cases of obvious error and unmistakeable and could have reasonably been recognised by you as an error.

31.2

VAT is not payable in respect of our in clinic services, but may be charged for any other service offered by us including home test kits.

31.3

Service prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.

31.4

Our site contains a range of Services and it's always possible that, despite our best efforts, some of the Services listed on our sites may be incorrectly priced.  We will normally verify prices as part of our Order procedure so that, where the correct price of a Service is less than our stated price, we will charge the lower amount to you.  If the correct price of a Service is higher than the price stated on our sites, we will normally, at our discretion, either contact you for instructions before providing the Order Confirmation, or reject your order and notify you of such rejection.

31.5

We are under no obligation to supply the Services to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error.

31.6

Unless expressly agreed otherwise by the parties, payment for all Services must be by credit or debit card.  We accept payment with Visa, Maestro, Mastercard, Visa Electron, AMEX, and Delta.  We will not charge your credit or debit card until after we have issued the Order Confirmation.

31.7

We may in our sole discretion offer you a discount from time to time on the price of our Services.  

Zero Tolerance Policy

31.8

Corona Test Centre takes it very seriously if a member of staff or one of the doctors or nursing team is treated in an abusive or violent manner.  

31.9

Our staff should be able to come to work without fear of violence, abuse or harassment from Users or their relatives. To successfully provide our services a mutual respect between all staff and Users has to be in place. All of our staff aim to be polite, helpful and attentive to all Users’ individual needs and circumstances. They would respectfully remind Users that very often they are confronted with a multitude of varying and sometimes complex tasks and situations, all at the same time. The staff understand that given the circumstances caused by COVID-19, Users do not always act in a reasonable manner and will take this into consideration when trying to deal with a misunderstanding or complaint.

31.10

However, aggressive behaviour whether violent or abusive will not be tolerated and may result in you being removed from the clinic list and the Police being contacted.

31.11

In order to maintain good relations between Users and the clinic’s staff, we ask all Users to read and take note of the types of behaviour that would be found unacceptable:

31.11.1

Using bad language and/or swearing at clinic staff.

31.11.2

Any physical violence towards any member of staff or other Users, including but not limited to pushing and shoving.

31.11.3

Verbal abuse towards the staff in any form.

31.11.4

Racial abuse and sexual harassment will not be tolerated.

31.11.5

Persistent or unrealistic demands that cause stress to staff will not be accepted. Requests will be met where possible and explanations given when they cannot.

31.11.6

Taking photos or videos when in and around the clinic.

31.11.7

Causing damage and/or stealing from the clinics, staff or Users.

31.11.8

Attending the clinic under the influence of drugs and/or alcohol will not be tolerated and will result in immediate refusal of entry, or removal from the clinic.  

31.11.9

Resisting the test sample being taken accurately and in line with our procedures.  

31.12

We ask that you treat all staff members courteously at all times.

Removal from Clinic list

31.13

Removal from our clinic list and exemption from booking future appointments at one of our clinics is an exceptional and rare event. It is the last resort in an impaired User-clinic relationship, where trust has irretrievably broken down and it is in the User interest as well as the clinic that the individual finds a new COVID-19 testing centre.

32
our liability 
32.1

If we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Services.

32.1.1

Nothing in this agreement excludes or limits our liability for:

32.1.2

death or personal injury caused by our negligence;

32.1.3

fraud or fraudulent misrepresentation;

32.1.4

any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;

32.1.5

defective Services under the Consumer Protection Act 1987; or

32.1.6

any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.

32.2

You agree that your use of the Services is at your sole risk. We cannot and do not warrant that the tests performed as part of the Services will be 100% accurate due to the nature of the tests being performed. You further confirm that you have read the information provided on our Website. You also acknowledge that infections may remain undetectable for several months, and it's recommended that if you have any concerns with the results you should consult with your own medical practitioner.

32.3

All data is on an anonymous basis including, but not limited to: age, gender, location, tests and the results of the test remains the property of Corona Test Centre.

32.4

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 booking process.

32.5

To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Services. We do not warrant that the results that may be obtained from the use of the home test kit will be 100% accurate or reliable. The use of the home test kit and your results are provided ‘as is’ and ‘as available’ for your use. You expressly agree that your use of, or inability to use, or incorrect use of, the home test kit is at your sole risk. We accept no liability for inconclusive or incorrect results wherever the sample has been collected, even if it is in one of our Corona Test Centre clinics due to the nature of the tests being performed. 

32.6

For the avoidance of doubt, we are not liable for any loss or damage suffered by you due to:

32.6.1

Incorrect use of the home test kit or instructions; or 

32.6.2

Factors outside our control such as delays in the postal system or by delivery couriers. 

32.7

If you are using our Services in connection with international travel, it is your responsibility to keep up-to-date with the latest applicable travel, entry and other regulations and guidance. Where we provide information on travel regulations and timescales on our Website or via our clinic staff, this information should be checked with the relevant authorities before you commit to making plans. Travel and entry requirements are constantly being updated by the UK Government. Clinic staff are not trained to provide international travel guidance. We will not be held liable for damages resulting from inaccurate information provided on travel regulations and timescales. 

32.8

We are not liable for additional losses. Save for where it is unlawful to do so, we are not liable for any losses suffered by you as a result of using a product which is subsequently subject to regulatory change or where it is subsequently found to be inadequate or inaccurate as a result of research and development in sample collection and testing.

32.9

We are not liable for business losses. We only supply our Services for personal and private use to Consumers. If you use the Services for any commercial, business or re-sale purpose, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. 

32.10

We work hard to ensure that the complicated and ever changing world of COVID-19 testing and international travel is made a simple as possible. However, if you think we’ve got something wrong please contact our customer support team who will be happy to advise and will escalate so we can make things clearer [email protected]

33
written communications
33.1

Applicable laws require that some of the information or communications we send to you should be in writing.  When using our site, you accept that communication with us will be mainly electronic.  We will contact you by e-mail or provide you with information by posting notices on our Website.  For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, 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.

34
transfer of rights and obligations
34.1

The contract between you and us is binding on you and us and on our respective successors and assignees.

34.2

You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

34.3

We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

35
events outside of our control 
35.1

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).

35.2

A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

35.2.1

strikes, lock-outs or other industrial action;

35.2.2

civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

35.2.3

fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

35.2.4

impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

35.2.5

impossibility of the use of public or private telecommunications networks; and

35.2.6

the acts, decrees, legislation, regulations or restrictions of any government.

35.3

Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period.  We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

36
waiver
36.1

If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.

36.2

A waiver by us of any default will not constitute a waiver of any subsequent default.

36.3

No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

37
Severability
37.1

If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

38
entire agreemenT
38.1

These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.

38.2

We each acknowledge that, in entering into a Contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.

38.3

Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.

38.4

Nothing in this clause limits or excludes any liability for fraud.

39
our rights to vary these terms and conditions
39.1

We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our systems' capabilities.

39.2

You will be subject to the policies and terms and conditions in force at the time that you order Services from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Services).

40
law and jurisdiction
40.1

Contracts for the purchase of Services through our sites and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law.  Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales. Accepting these terms and conditions means you have accepted them in the English Language.