TERMS & CONDITIONS
These Terms & Conditions Apply to the COVID-19 testing service provided by The Express Clinic
The Service is provided by TRM Enterprises UK Limited, trading as The Express Clinic a company registered in England & Wales, with company number 12947098 whose registered address is at The Grange 100 The High St, London, England, N14 6BN (collectively referred to as the “The Express Clinic”, “TRM Enterprises UK Limited”, “Company”, “we”, “us” or “our” in these Terms and Conditions).
These Terms and Conditions form a legally binding agreement between the Company and the individual, business or entity ordering the Service (the “Customer”, also referred to in these Terms and Conditions as “you”).
1. OUR SERVICES
1.1 We are an online service where you can purchase a COVID-19 laboratory test or book an appointment for in-person sample collection at our clinics, which is processed in our UKAS certified partner laboratories. We offer the following tests:
a) PCR (Polymerase Chain Reaction Test)
b) Antigen Test
c) The Abbott Pangio Antigen Rapid test
d) Antibody Test
e) Day 2, 8 & Test to Release (separate or packages)
1.2 If in the future we offer and you order PCR tests by post, samples must be posted back to us on the day it is taken.
1.3 On receipt of a positive Antigen test, we advise on taking a PCR test to confirm the diagnosis.
1.4 If you require a test in order to travel abroad travel, please ensure you check with your airline (or whoever you are travelling with) which service you need. You are solely responsible for ensuring you purchase/book the correct test.
2. CONSENT FOR TAKING THE TEST
2.1 By purchasing a test and sending a sample to one of our laboratories you are giving TRM enterprises UK Ltd your informed consent to perform the tests you have ordered.
2.2 By booking an appointment at our clinic, you are giving TRM Enterprises UK Ltd your informed consent to perform the tests you have ordered.
2.3 If the Customer is a child under the age of 18 he/she will require the consent of their parent or legal guardian to carry out the test. The parent or legal guardian will have to sign the information and consent form in relation to the child’s testing.
2.4 It is a strict condition for the use of the Service that each Customer (or their parent or legal guardian) must provide express consent for the sample collection and testing. We may refuse to carry out the test or to provide you with the result and we may irretrievably delete all records of the testing results associated with the Customer if we are notified or have reason to believe that the sample was obtained without the Customer’s consent. If this occurs, the Customer may need to re-perform the test in order to use the Service.
3. INFORMATION YOU PROVIDE TO US
3.1 You agree that you (or if you are under the age of 18, your parent or guardian) are entirely responsible for your selection of tests and that you agree that it is your decision as to whether the tests you do purchase from us are suitable for you and whatever you may need them for. If in any doubt, please speak to a doctor or a qualified medical professional.
3.2 You must provide us with some personal information, including your first and surnames, address, gender and date of birth for our partner laboratory to process your test. Name, date of birth and gender are required by our partner laboratory for identification purposes.
3.3 It is your responsibility to ensure that all information including personal details of yourself and/or the Customer provided to us in connection with the Service are true, accurate and up-to-date. You must not provide any false or misleading information and it is your duty to correct any information that you believe to be inaccurate.
3.4 You are also given the option to provide details of symptoms you may be suffering or other medical or lifestyle information you feel may be relevant to the test at the time you book an appointment. You provide this information on the test request form included in your box. Please note that whether you provide this information or not does not change the fact that you are entirely responsible for consulting a health professional for assistance in the interpretation of your results. Laboratory testing alone is never a substitute for seeing a qualified healthcare professional.
4. HOW WE USE YOUR PERSONAL INFORMATION
4.4 Except as set out below, any information that you give us will be used solely in relation to the Products you have purchased from us. By placing an order you give us your consent to pass any and all relevant information about you on to our partner clinics and laboratories for the purposes of preparing your sample and analysing and interpreting the results. None of your personal information will be passed on to your doctor or any other third party, other than for those reasons set out below.
4.5 The law requires us to report the details of any positive, negative, indeterminate and void COVID-19 or influenza test to Public Health England (“PHE”), which is a government entity. Among other details, we may provide to PHE are the Customer’s first and last name, sex, date of birth, NHS number (if known), ethnicity, current address (including postcode), telephone number (only in the case of SARS-CoV-2 positive or indeterminate results), email address (only in the case of SARS-CoV-2 positive or indeterminate results) as well as details relating to us and the testing we conduct. These personal details together with the test result will be collected from you and provided to PHE or to such other bodies as required by law or by government/NHS instructions.
5. OUR RIGHT TO REFUSE TO CONDUCT THE TEST
5.1 We shall be entitled to terminate the Service by written notice to you if you are in breach of these Terms and Conditions including in any event that you or the Customer provide us with false or misleading information in connection with the Service. We may also terminate or suspend the Service and may withhold test results if for any legal reasons we are prevented from delivering the Service. If we do so, with no fault of yours or the Customer, you may be entitled to a refund of all or some of the charges payable for the Service.
5.2 We may refuse to carry out the test and may discontinue the testing process if the Customer is uncooperative, disruptive, violent, threatening or unable to provide the sputum sample or if for similar reasons the Customer’s conduct is objectionable. You will not be entitled to a refund of the charges in such circumstances and we are entitled to charge you even if the test has not commenced or was discontinued for those reasons.
6. TEST SAMPLES & RESULTS
6.1 For in-clinic appointments, if the laboratories are unable to test samples sent to them, we may ask you to visit our clinic for our phlebotomists to take your sample again, at no extra cost to you.
6.2 Every test on our website has a corresponding turnaround time which is an estimate of the time it will take for your sample, once received by the laboratory, to be tested and the test results made available to you. It is an estimate only. It is not binding on us and we do not guarantee that test results will be available in the published turnaround time.
6.3 With regard to booking a PCR test for the purpose of flying/travelling abroad, it is the patient’s responsibility to ensure they leave adequate time for their test results to be received. Whilst we aim to get results for PCR tests to patients within 48 hours, this is not binding or guaranteed, as per clause 6.2. Further information on our liability can be found at clause 17.
6.4 Your results will be emailed to you on the email address you provide us. You can share your results with anyone you choose. We may contact you by telephone regarding your sample and test results. The Product will be deemed to be delivered to you once your test results have been made available.
6.5 Test results and any comments given by us on the results are for information only. They are not a clinical diagnosis. Blood tests alone should never replace a proper medical investigation and/or a doctor’s advice. All information provided is based solely on the results in relation to what are considered normal ranges in the general population. This information is very likely not going to be enough to understand your overall health or a specific condition you may be wondering about. If you have any concerns at all regarding any aspect of your health or your test results you should discuss them directly with your GP or a doctor.
6.6 Based on the results of your test(s) we may advise that you purchase a follow-up test or that you see your GP for further investigation or both. You agree that you are solely responsible for acting on such guidance and that The Express Clinic, accepts no liability if you choose not to do so.
6.7 It is a legal requirement that correct and accurate passenger details are provided whilst booking a Day 2 and or Day 8 package. It is the responsibility of the patient to ensure they take the required test(s) on the correct days(s) as per the Government guidelines
7. YOUR RESPONSIBILITIES
7.1 A COVID-19 test is only one aspect of healthcare and public health. If you have symptoms that could suggest that you contracted COVID-19, regardless of the test result, medical advice should be sought and the Subject must follow NHS and government guidelines including in regard to self-isolation.
7.2 Further guidance can be found here: https://www.nhs.uk/conditions/coronavirus-covid-19/self-isolation-and-treatment/when-to-self-isolate-and-what-to-do/
8. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
8.1 Our website will guide you through the steps you need to take to book an appointment with us. Our appointment process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.
8.2 Payment must be received in full prior to us processing your order. Once payment is received, we will confirm our acceptance to you by sending you a confirmation email. The contract between us will only be formed on the date we send you this acceptance confirmation.
8.3 The PCR test is valid for 6 (six) months from the date we post the testing kit to you. If you do not send a sample to the laboratory within the validity period your test will expire and you will not be entitled to a refund.
8.4 If, for any reason, we are unable to perform a test you have ordered, we will inform you by email or by phone and will not send an acceptance confirmation. If you have already paid for the test, we will refund you the full amount within 7 working days. A working day is any day other than a Saturday, Sunday or public holiday in the UK.
9.1 You may pay for Products using a debit or credit card and this includes MasterCard, Visa, American Express, Visa Electron, Switch, Solo, Maestro or JCB.
9.2 No payment information is stored with us but instead processed directly with our PCI DCC certified payment service provider using a payment form hosted by them.
10. PRICE OF PRODUCTS AND DELIVERY CHARGES
10.1 The price of the Products will be as quoted on our website at the time you submit your order.
10.2 If you choose to return any samples to our laboratory via recorded or guaranteed next day delivery you will do so at your own cost.
10.3 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
10.4 The price of a Product includes VAT at the applicable current rate chargeable in the UK.
11. CANCELLATIONS & REFUNDS
11.1 In case of clinic appointments, you may cancel your order at least 24 hours before your scheduled appointment. In the event of a cancellation, £40 will be deducted as admin charges from your order value for each test ordered and the rest will be refunded to your original payment method.
11.2 Cancellations later than this will not be entitled to any refund. Please ensure you book your appointment at a time that is convenient and suitable for you/your family.
To cancel an appointment, please send us an email stating that you wish to cancel and the reason for the cancellation. Please email your cancellation request to info email@example.com. Your reason for cancellation will not affect your right to cancel the order.
11.3 If you send us your cancellation request by e-mail, then your cancellation is effective from the date you send us the e-mail. For example, you will have given us notice in time as long as you send your email before the 24-hour cancellation period.
11.4 If you cancel your appointment within the cancellation period and you are entitled to a partial refund, we will refund you the price you paid minus the admin fee for the Product(s) within 7 working days of receiving a cancellation request if your request is received within the stipulated time.
11.5 The customer agrees and accepts that for any Day 2 , 8 bookings made are non-refundable and that the service is deemed to have been provided by The Express Clinic by providing the customer with their Booking Reference Number / Passenger Locator ID.
All refunds will be returned back to the original form of payment.
12. EXCEPTIONS TO THE RIGHT OF CANCELLATION
12.1 The right of cancellation does not apply to goods which are unsealed by you after delivery. Accordingly, you must not open the sealed envelope in which test kits are delivered if you wish to obtain a refund.
13. OUR INTELLECTUAL PROPERTY RIGHTS
13.1 You acknowledge that except for any User Content, any and all other software (including source code), logos, icons, the Site’s “look and feel,” text, graphics, images, video clips, sound clips, content, notices, data, page layout, selection and arrangement of the content, copyrights, patents, trade secrets, trademarks and other intellectual property rights therein is owned solely and exclusively by The Express Clinic and/or its licensors and are protected by the United Kingdom and international copyright, trade secret or other intellectual property laws and treaties.
13.2 You may not copy, archive, download, upload, distribute, syndicate, broadcast, perform, display, make available, or otherwise use any portion of the Services or the content on the Services except as set forth in these Terms. Additionally, you may not use the Services, any tools provided by the Services, or any content on the Services for any commercial purposes without our consent.
13.3 The Express Clinic name and logo and all related names, logos, product and service names, designs and slogans are trademarks of TRM Enterprises UK Ltd, its affiliates or its licensors. Other names, logos, product and service names, designs and slogans that appear on the Services are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by The Express Clinic. You may not use, copy or imitate any such branding, logos, designs, without the express prior permission of TRM Enterprises UK Ltd.
14. LINKS TO OTHER WEBSITES
14.1 This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of The Express Clinic or that of our affiliates.
14.2 We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
14.3 The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
16. AVAILABILITY OF THE WEBSITE AND DISCLAIMERS
16.1 Any online facilities, tools, services or information that The Express Clinic makes available through the Website (the “Service”) is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. The Express Clinic is under no obligation to update information on the Website.
16.2 Whilst The Express Clinic uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
16.3 The Express Clinic accepts no liability for any disruption or non-availability of the Website.
16.4 The Express Clinic reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
17. OUR LIABILITY
17.1 Our total liability to you resulting from a Contract is limited to the total value of that Contract - meaning the price you paid for the Products and any additional services. We are not liable for any costs, loss, delay, inconvenience, or damage you suffer as a result of:
a) Test results not being made available to you within the turnaround time;
b) Your failure to act upon our advice if we recommend that you seek medical advice or attention having taken a test;
c) Your failure to show out-of-range test results to your GP or doctor if you opt to receive express results without them being reviewed by our medical staff;
d) Your failure to attend a pre-booked phlebotomy appointment, or home visit or your failure to take your sample collection kit with you to an appointment;
e) Loss or damage that is not foreseeable; and
f) Events outside our reasonable control as described below.
If we fail to comply with the Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Terms or our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered this contract.
It is your responsibility to ensure that the relevant sample has been collected and sent to our laboratory within the Validity Period.
18. FORCE MAJEURE
18.1 We will not be in breach of these Terms and Conditions nor shall we be liable to you for any failure, error or delay in delivering the Service or the test results or under any warranty where such delay, error or failure arises from or is attributable to matters beyond our reasonable control (“Force Majeure Event”) including an act of God, fire, flood, earthquake, windstorm or other natural disaster, explosion or accidental damage, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, breaking off of diplomatic relations or similar actions, terrorist attack, civil war, civil commotion or riots, any failure or delay on the part of a third party supplier, industrial action or strike, power cuts, electronic or communication network breakdowns, government action, regulatory requirements changes in the law or any order of a court including any circumstances relating to the COVID-19 pandemic or any other epidemic or pandemic or their consequences.
18.2 If an event outside our control takes place that affects the performance of our obligations under a contract:
18.3 We will contact you as soon as reasonably possible to notify you; and our obligations under a contract will be suspended and the time for performance of our obligations will be extended for the duration of the event outside our control. Where the event outside our control affects our delivery of testing kits to you, we will arrange a new delivery date with you once the event outside our control is over.
18.4 You may cancel a Contract affected by an event outside beyond our reasonable control which has continued for more than 30 days. To cancel, please contact us. If you opt to cancel, we will refund in full the total price you have paid for the contract.
19. CONTACTING US
19.1 If you want to contact please email us at firstname.lastname@example.org.
19.2 By providing us with your contact details you give us your consent to contact you about our services and products you have bought or enquired about. If we do need to contact you, we will e-mail or phone you using the contact details you provide to us when you order one of our tests. We will send you your test results via the email provided.
20.1 You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
20.2 These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
20.4 The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
20.5 Each of the paragraphs of these Terms operates separately. If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
20.6 Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
20.7 This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.