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Department of Health & Social Care

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Remote Antigen Lateral Flow Resulting Terms & Conditions

These terms are applicable to those who have been provided an ExpressTest Lateral Flow Antigen test by a third-party and have not purchased the test directly from ExpressTest.

1. WHO IS EXPRESSTEST?

1.1 Cignpost Diagnostics Limited (“CDL” or “Cignpost Diagnostics”), registration number: 12657158 (England and Wales), registered address Building X92 Cody Technology Park, Farnborough, United Kingdom, GU14 0LX, VAT number: 351373708, uses the trading name of “ExpressTest” to provide consumers with a range of COVID-19 testing which includes the gold standard RT-PCR fast screening test. Cignpost Diagnostics has a track record of successfully delivering effective COVID-19 screening solutions to businesses and corporate clients, including major media and professional sports organisations in the UK and around the world. Our services are registered with and regulated by the Care Quality Commission.

2. TESTING

2.1 You have been provided a Remote Antigen Later Flow test by a third-party and you hereby agree that you have undertaken that test in accordance with the instruction supplied to you at the time you acquired the test.

2.2 No less than 15 minutes after administering the test, you are permitted to upload your results to this site by taking a photograph of the test cassette and accompanying photographic identification.

2.3 You hereby confirm that the test result corresponds to the individual named on the submission forms.

2.4 A positive result confirms that the Covid-19 virus is present. A negative result means there was no evidence of the COVID-19 virus.

2.5 We aim to deliver your test results within 120 minutes of you uploading the picture of your test to us, within the hours of 0800 – 2359 UK time and providing you have submitted a picture of the appropriate quality and with all the required information.

2.6 We are legally required to share certain information with Public Health England, or other governmental organisations, in relation to your test results, including: personal information (e.g., name and date of birth) and the result, whether negative or positive. This information may be used as part of any test and trace service being operated by the government in your jurisdiction. Please find a link to our privacy notice https://www.expresstest.co.uk/privacy.html, which includes contact details for our Data Protection Officer.

3. Test Detail

3.1 Lateral flow is an established technology, adapted for the qualitative detection of antigens that are present when a person has COVID-19.

3.2 Neither the quantitative value nor the rate of SARS-CoV-2 antigen concentration can be determined by this qualitative test.

3.3 A negative test result may occur if the level of antigen in a sample is below the detection limit of the test.

3.4 Failure to follow test procedures may impact on the interpretation of the outcome of the test results.

3.5 Negative test results do not rule out possible other non-COVID-19 viral infections.

3.6 Positive test results do not rule out co-infections with other pathogens.

3.7 Our results are not a replacement for a full and proper medical investigation and/or a

2.7 If you upload the test results and personal details of any third party you confirm that:

2.7.1 you have understood that any third party’s data will be held and shared in accordance with these T&Cs; and

2.7.2 you have obtained the explicit consent from these third parties to provide their personal data to us.

doctor’s advice. Our comments are based solely on the results in relation to what are considered normal ranges in the general population. 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.

4. LIABILITY

4.1 References to liability in these T&Cs include any kind of liability arising under or in connection with these T&Cs including liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.

4.2 Nothing in these T&Cs shall limit or exclude the liability of any party or another person for

4.2.1 death or personal injury caused by negligence;

4.2.2 for fraud or fraudulent misrepresentation;

4.2.3 for breach of any statutory duty; or

4.2.4 for any act, omission or matter, liability of which may not be limited or excluded under any applicable law.

4.3 To the extent permitted by law, Cignpost Diagnostics and other members of our group of companies and all third parties connected to us hereby expressly exclude any liability for:

4.3.1 the test results not being made available to you within the stated turnaround time;

4.3.2 your act, omission, or other failure to follow instructions provided to you in relation to sample collection or pre-sample preparation requirements;

4.3.3 any loss or damage that is not foreseeable;

4.3.4 your failure to take your test sample in accordance with the directions (laid out in your lateral flow kit or provided to you by the third-party who purchased the test), leading to an indeterminate or invalid test result;

4.3.5 your failure to upload the results photo in accordance with the requirements laid out in your kit instructions;

4.3.6 any direct, indirect, or consequential loss or damage, costs or expenses whatsoever; and

4.3.7 liability for events outside of our control

4.4. Your uploaded photo and information will be retained according to our Cignpost Diagnostics retention policy.

4.5 All conditions, warranties and other terms which might otherwise be implied by statute, common law, or the law of equity.

4.6 Our total aggregate liability to you resulting from or arising in connection with any of these T&Cs is limited to £50 (fifty pounds sterling)

5. RIGHT TO VARY THESE TERMS

5.1 We reserve the right to reasonably amend these T&Cs from time to time, as required.

6. OTHER IMPORTANT TERMS

6.1 We may transfer our rights and obligations under these T&Cs to another organisation, but this will not affect your rights or our obligations under these T&Cs.

6.2 Each of the paragraphs of these T&Cs operate separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

6.3 You accept that communication with us will be electronic. You agree to this means of communication and you acknowledge that all notices, information, and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.

6.4 If we fail to insist that you perform any of your obligations under the T&Cs, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

7. GOVERNING LAW

7.1 These T&Cs and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.