Terms and Conditions

ABTA Partner
Department of Health & Social Care

Founding member of LTIO

Certified LTIO

Terms and Conditions

EXPRESSTEST COVID-19 COVID TESTING

TERMS AND CONDITIONS

Please read the following important terms and conditions before you purchase Covid Testing from us.

1   THESE TERMS

1.1 What these terms cover. These are the terms on which we supply the Covid Testing to you (see clause 3 for an explanation of what we mean when we refer to Covid Testing). The terms apply to the Covid Testing we provide in relation to all of the types of test we offer. You can find a list of the different types of tests that we offer here https://support.expresstest.co.uk/hc/en-gb/.

1.2 Why you should read them. Please read these terms carefully before you book your test. These terms tell you who we are, how we will provide the Covid Testing to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

1.3 What we mean when we refer to Covid Testing, In Person Testing, Home Testing Kits, Lateral Flow Tests and Lab Home PCR Tests.

1.3.1 Covid Testing: When we refer to Covid Testing in these terms, we are referring collectively to the Covid-19 test(s) that you can order from our website and as set out in your booking confirmation email. Depending on the type of test you have booked, the Covid Testing may include:

A) providing you with access to our website at https://www.expresstest.co.uk/ (we refer to this website as our “Website”) throughout these terms), which allows you to book and pay for your test online.

B) In Person Testing (where you have booked for us to carry out one of our tests for you at one of our test centres or at a location chosen by you):

I   taking a sample from your nose and/or throat at one of our testing centres, or where you book our concierge services, at a location chosen by you;

II   storing and labelling your sample and sending it to our laboratory;

III   processing your sample at our laboratory;

IV   providing you with the results of your test via your account on our Website and/or email; and

V   providing you with your Fit to Fly certificate via your account on our Website and/or email.

C) Home Testing Kits (where you have ordered an at home testing kit that you administer yourself) including:

 Lateral Flow Tests (at home, self-administered lateral flow tests that require you to upload your results to be verified via a form on our Website). Delivering the kit to you or providing you with the option to click and collect; and

II   Lab Home PCR Tests (at home, self-administered PCR tests that require your sample to be tested in our laboratories). Delivering the kit to you and providing the services to you as described at stages I-V in clause 3.1(B) above.

2   INFORMATION ABOUT US AND HOW TO CONTACT US

2.1 Who we are. We are Cignpost Diagnostics Limited trading as ExpressTest (“ExpressTest”, “we”, or “us”) a company registered in England and Wales. Our company registration number is 12657158 and our registered office is at Building X92 Cody Technology Park, Farnborough, United Kingdom, GU14 0LX. Our registered VAT number is 351373708.

2.2 Who we are regulated by. We are regulated by The United Kingdom Accreditation Service, 2 Pine Trees Chertsey Lane, Staines-upon-Thames TW18 3HR, info@ukas.com 01784 429000.

2.3 How to contact us. You can contact us by using the forms available on our customer support page at https://support.expresstest.co.uk/hc/en-gb/requests/new?ticket_form_id=4930731791644/.

2.4 How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us when you made your test booking.

2.5 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

3.   MAKING A TEST BOOKING AND OUR CONTRACT WITH YOU

3.1 Making a test booking. You must book your test online via the 'Book a Test' page on our Website at https://www.expresstest.co.uk (or where you wish to book our concierge services, whereby we deliver the Covid Testing at your chosen location, on our Website at https://www.cignpostconcierge.com). You can choose your preferred type of test, testing centre (or preferred location when opting for our concierge Covid Testing), time and also pay online.

3.2 How we will accept your test booking? Our acceptance of your test booking will take place when we send you an order confirmation email, at which point a contract will come into existence between you and us.

3.3 If we cannot accept your test booking. If we are unable to accept your test booking, we will inform you of this and will not charge you for the test. This might be because the test is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we are unable to meet a delivery deadline on the date specified, or because we have identified an error in the price of the test.

3.4 Your booking reference number and QR code. We will assign a booking reference number to you and depending on the Covid Testing you have ordered, we will attach a QR code to your booking confirmation email. You must bring the QR code with you when you arrive for your test. It will help us if you can tell us the booking reference number whenever you contact us about your test booking. QR codes are not issued for Home Testing Kits or concierge Covid Testing.

3.5 We only sell to the UK. Unfortunately, we do not deliver tests to addresses outside the UK.

4   YOUR USE OF THE COVID TESTING

4.1 You must be at least 18 years old. You must be at least 18 years old to book a test via our Website. We are not able to offer test bookings to anyone under the age of 18 unless the registration process is completed by a parent or legal guardian. We advise you to take advice from your GP or medical practitioner before booking a test for anyone under the age of 18 to understand if the test is appropriate.

4.2 Conditions that apply for In Person Testing. You agree to the following conditions:

4.2.1. on your arrival at the testing centre or when we arrive at your chosen location (where Concierge Covid Testing have been ordered), you will present to us the following documents:

a) valid passport or other national identity card;

b) a copy of your booking confirmation email; and

c) a copy of your QR code (see clause 4),

4.2.2. while at the testing centre you agree to abide by all reasonable rules, policies and instructions notified to you by the testing centre staff;

4.2.3 if you are booking a test for another person, you confirm that they have agreed to the collection and processing of a sample taken from their nose and/or throat (depending on the type of test you have booked); and

4.2.4 children under the age of 16 must be accompanied by an adult during their appointment.

If you do not meet any of the conditions set out in this clause 4.2, we may refuse to carry out the test and end the contract for the In Person Testing, in which case clause 10.2 will apply.

5   PROVIDING THE COVID TESTING

5.1 The Covid Testing we provide is subject to certain technical and clinical limitations. While the Covid Testing we provide are all confirmed to be accurate and sensitive enough to be used for Covid-19 testing, we cannot guarantee that your test result will be accurate and/or determinate due to the technical and clinical limitations of such tests. In particular:

5.1.1 a negative polymerase chain reaction test (“PCR Test”) result may occur if the level of viral ribonucleic acid in a sample is below the detection limit of such test;

5.1.2 there is a low risk of a PCR Test result being indeterminate, i.e. the test does not establish a positive or negative result;

5.1.3 a negative lateral flow test (“Antigen Lateral Flow Test”) result may occur if the level of antigen in a sample is below the detection limit of such test;

5.1.4 a negative loop-mediated isothermal amplification test (“LAMP Test”) result may occur if the level of viral ribonucleic acid in a sample is below the detection limit of such test;

5.1.5 there is a low risk of an Antigen Lateral Flow Test or a LAMP Test result being indeterminate; and

5.1.6 there is a low risk of an Antigen Lateral Flow Test or a LAMP Test result being a false positive.

Unless we fail to perform the Covid Testing with reasonable care and skill, we are negligent in performing the Covid Testing, or our act or omission results in your test result being inaccurate or indeterminate, we shall not be responsible for any loss or damage resulting from your test result being inaccurate or indeterminate. If your PCR Test or LAMP test result is indeterminate, we will contact you to arrange a further test, which we will provide to you free of charge.

5.2 The Home Testing Kits may vary slightly from their pictures. The images of the Home Testing Kits on our Website are for illustrative purposes only. Your Home Testing Kit may vary slightly from those images. The packaging of the Home Testing Kits may also vary from that shown in images on our Website.

5.3 Delivery and collection costs. The costs of delivery and collection costs of any Home Testing Kits and collection of any samples will be as displayed to you on our Website.

5.4 When we will provide the Covid Testing. During the test booking process we will let you know when we will provide the Covid Testing to you, including (depending on the type of test you have booked) when you can expect to receive:

5.4.1 your test at the testing centre or receive your test at your chosen location (where concierge Covid Testing have been ordered);

5.4.2 (or collect, in respect of Lateral Flow Tests) your Home Testing Kit and where applicable, for us to collect your sample;

5.4.3 the results of your test; and/or

5.4.4 your Fit to Fly certificate.

5.5 We are not responsible for delays outside our control. If our supply of Covid Testing services is delayed by an event outside our control, we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but, if there is a risk of substantial delay, you may contact us to end the contract in accordance with clause 9.1 and receive a voucher (see clause 9.3).

5.6 If you are not at home when the Home Testing Kit is delivered. Where you have opted for delivery of your Home Testing Kit, and no one is available at your address to take delivery and the Home Testing Kit cannot be posted through your letterbox, the courier will leave you a note informing you of how to either rearrange delivery or collect the Home Testing Kit from a local depot.

5.7 If you do not collect or re-arrange delivery. If (i) you do not collect the Home Testing Kit from us as arranged or within 14 days of the agreed collection date; or (ii) after a failed delivery to you, you do not re-arrange delivery within 14 days from the date of the first failed delivery attempt, clause 2 will apply.

5.8 Returning your Lab Home PCR Test.

5.8.1 If you order a test which is to be collected by a courier, you must be at home when we come to collect your Lab Home PCR Test sample We or our courier will contact you via email or SMS to confirm the collection window for your sample. If no one is available at your address to hand over your sample to our courier when they arrive at your address to collect it, we may end the contract and clause 2 will apply.

5.8.2 If you order a test which is to be returned using the pre-paid Royal Mail envelope, you are advised to use a Royal Mail Priority Post Box. Failure to do so will lead to a slower delivery time back to us and a delay in your test results being issued.

5.8.3 Your test results will be issued within 24 hours of receipt of your test by us.

5.9 When you become responsible for the Home Testing Kit. The Home Testing Kit will be your responsibility from the time we deliver it to the address you gave us at the time of your booking.

5.10 Reasons we may suspend the supply of the Covid Testing. We may have to suspend the supply of all or some of the Covid Testing:

5.10.1 to deal with technical problems or make minor technical changes;

5.10.2 to update the Covid Testing to reflect changes in relevant laws and regulatory requirements;

5.10.3 if, in respect of In Person Testing, a testing centre becomes unavailable for us to use; and/or

5.10.4 to make changes to the Covid Testing notified by us to you (see clause 7).

5.11 Your rights if we suspend the Covid Testing. We will contact you in advance to tell you we will be suspending supply of the Covid Testing, unless the suspension is urgent or an emergency. If we suspend Covid Testing or tell you we are going to suspend it, you may contact us to end the contract for the Covid Testing in accordance with clause 9.1, and we will provide a voucher (see clause 9.3).

5.12 The content on our Website is for information only. The content on our Website, including information about the requirements of different countries and/or airlines for negative Covid-19 test results, is provided for general information only. It is not intended to amount to advice on which you should rely. Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date.

6   YOUR RIGHT TO MAKE CHANGES TO YOUR TEST BOOKING

6.1 There are some circumstances where you can make changes to your test booking. Depending on the Covid Testing you have booked, there are some circumstances where you can change your test booking even after you have booked your test. These circumstances are as follows:

6.1.1 In Person Testing: You may, subject to availability, request to change the time or date of your test booking up to 24 hours before the time of your original test booking. Unless we agree otherwise in writing, you cannot change the time or date of your test booking within 24 hours before the time of your original test booking.

6.1.2 Home Testing Kits: You may request to change the date your test kit is delivered, but you can only do so before it is dispatched. Pre-Return to UK and Departure Fit to Fly Antigen Lateral Flow test kits will usually be dispatched immediately. PCR Home test kits and Arrivals Lateral Flow test kits will usually be dispatched to arrive within 2-3 days before your test date. You will receive an email notifying you when your test kit has been dispatched.

6.2 How to make changes to your test booking. If you wish to make a change to your test booking in the circumstances set out in clause 1:

6.2.1 If you have an account with us, you may change the date and/or time of your test booking if more than 24 hours before their test and there is availability.

6.2.2 If you do not have an account with us please let us know by completing the form on our Website at  https://support.expresstest.co.uk/hc/en-gb/requests/new?ticket_form_id=4930731791644. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the Covid Testing, the date and time of your new test (or the timing of supply of your new test if it is a Home Testing Kit) and any other details necessary as a result of your requested change. We will also ask you to confirm whether you wish to go ahead with the change.

7   OUR RIGHTS TO MAKE CHANGES

7.1 Minor changes to the Covid Testing and these terms. We may change the Covid Testing and/or these terms:

7.1.1 to reflect changes in relevant laws and regulatory requirements; and/or

7.1.2 to implement minor technical adjustments and improvements, for example, to address any safety issues or to ensure compliance with government guidelines. These changes will not affect your use of the Covid Testing.

7.2 More significant changes to the Covid Testing and these terms. In addition, we may make more significant changes to the Covid Testing and/or these terms, but, if we do, we will notify you and you may then contact us to end the contract (in accordance with clause 9.1) before the changes take effect and receive a voucher (see clause 9.3).

7.3 Changes to these terms for new test bookings. We reserve the right to change these terms at any time. Any amendment to these terms under this clause 3 shall be effective only for all new test bookings submitted following the publication of the amendment on our Website. Please check and accept the terms posted on our Website before placing your order as they may have changed since your last visit.

8   YOUR RIGHTS TO END THE CONTRACT

8.1 You can always end your contract with us. Your rights when you end the contract will depend on whether there is anything wrong with the Home Testing Kit (if relevant), how we are performing the Covid Testing, and when you decide to end the contract:

8.1.1 If you have purchased a Home Testing Kit and it is faulty or misdescribed, you may have a legal right to end the contract, or to get the Home Testing Kit replaced, or to get some or all of your money back, see clause 11.

8.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see clause 2.

8.1.3 If you would like to cancel your order because of changes to the Government Covid testing requirements, see clause 3.

8.1.4 If you have just changed your mind about the Covid Testing, see clause 4. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you may have to pay the costs of return of any Home Testing Kit.

8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at clauses 2.1 to 8.2.5, the contract will end immediately and we will refund you in full for any Covid Testing which have not been provided and you may also be entitled to compensation. The reasons are:

8.2.1 we have told you about an upcoming change to the Covid Testing or these terms to which you do not agree (see clause 2);

8.2.2 we have told you about an error in the price or description of the Covid Testing you have ordered and you do not wish to proceed;

8.2.3 there is a risk that supply of the Covid Testing may be significantly delayed because of events outside our control;

8.2.4 we have suspended supply of the Covid Testing for technical reasons, or notify you we are going to suspend them for technical reasons; or

8.2.5 you have a legal right to end the contract because of something we have done wrong, including where we have not provided you with the Covid Testing within the timeframes notified to you during the test booking process. Please note this will not apply where you have caused the delay to the performance of the Covid Testing (e.g. you are late to your appointment or not available at the location you have booked).

8.3 Your right to end the contract because of changes to Government Covid-19 testing requirements. You may cancel your order at any time (before we have finished providing the Covid Testing) because of changes to Government Covid-19 policy requirements. The cancellation rights afforded to you under this clause 8.3 do not affect your legal rights in relation to faulty or misdescribed products (see clause 2). Once you have notified us of your decision to cancel the contract (in accordance with clause 9.1), the contract will end immediately and we will provide you with a voucher (see clause 9.3).

8.4 Your 14 day right to change your mind (Consumer Contracts Regulations 2013). For most products bought online, you have a legal right under the Consumer Contracts Regulations to change your mind within 14 days and receive a refund. You have 14 days after the day we email you to confirm we accept your test booking in which to change your mind. However:

8.4.1 once we have completed the Covid Testing (which will be at the time the test is done) you cannot change your mind, even if the period is still running;

8.4.2 if you cancel after we have started to provide the Covid Testing (which will be at the time we send your order confirmation email), you must pay us for the Covid Testing provided up until the time you tell us that you have changed your mind; and

8.4.3 we may deduct justifiable costs from your refund in accordance with clause 9.5.

9   HOW TO END THE CONTRACT WITH US

9.1 Tell us you want to end the contract. To end the contract or to confirm the end of the contract with us, please let us know by doing one of the following:

9.1.1 Online. Complete the form available on our customer support page at https://support.expresstest.co.uk/hc/en-gb/requests/new?ticket_form_id=4930731791644; or

9.1.2 By post. Complete and return the model cancellation form found at the end of these terms in Schedule 1 and post it to us at the address set out on the form. Or simply write to us at that address, including your name, home address, details of the test booking, the booking reference number and, where available, your telephone number and email address.

9.2 Returning the Home Testing Kit after ending the contract. If you end the contract for any reason after a Home Testing Kit has been dispatched to you or you have received it, you may be required to return it to us.

9.3 Covid Testing vouchers. If these terms entitle you to a voucher, you must contact us (in accordance with clause 9.1) within 1 month of the date of your original test to obtain your voucher. If you contact us after 1 month, we will not be able to provide you with a voucher.  Each voucher issued in accordance with these terms will be equal to the price you paid for your original test and redeemable at any of our testing centres or for a home test kit within a period of 12 months from the date of your original test (subject to availability).  This validity period cannot be extended.  If we have incurred costs with respect to your Covid Testing prior to the contract ending and your potential right to a voucher arising, we may deduct these costs resulting in the value of your voucher being less than the price you paid for your original test, or no voucher being provided to you.

9.4 How we will refund you. We will refund you the price you paid for the Covid Testing, including any delivery costs, by the method you used for payment. However, we may make deductions from the price, as described in clause 9.5.

9.5 Deductions from refunds if you are cancelling the contract under clause 4. If you are cancelling the contract in accordance with clause 8.4:

9.5.1 We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Home Testing Kit, if this has been caused by your handling the Home Testing Kit in a way which would not be permitted in a shop.

9.5.2 We may deduct from any refund an amount for the supply of the Covid Testing for the period for which they were supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract. Please note that we may have already incurred costs in providing the Covid Testing prior to the contract being cancelled, which may result in no refund being provided to you.

9.5.3 The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.

9.6 When your refund will be made. We will make any refunds due to you as soon as possible.

10   OUR RIGHT TO END THE CONTRACT

10.1 We may end the contract with you if:

10.1.1 you do not allow us to process the sample taken from your throat and/or nose (depending on the type of test you have booked) at our laboratory;

10.1.2 you fail to meet the conditions set out in clause 2;

10.1.3 you have purchased Covid Testing that need you to attend a testing centre and:

a) you do not attend the testing centre within 1 hour of your test booking; or

b) you do not allow us to take a sample from your throat and/or nose (depending on the type of test you have booked);

10.1.4 you have purchased concierge Covid Testing that requires us to attend a location chosen by you and:

a) you are not at the location you have chosen for us to attend; or

b) you do not allow us to take a sample from your throat and/or nose (depending on the type of test you have booked);

10.1.5 you have purchased a Home Testing Kit and:

a) you do not:

i   collect the Home Testing Kit within 14 days of the agreed collection date or allow us (after the first unsuccessful delivery attempt) to re-arrange delivery of the Home Testing Kit to you within 14 days from the date of the first failed delivery attempt(see clause 5.7); or

ii   in the case of Lab Home PCR Tests, collect your sample from you during the collection window (see clause 8);

b) you do not provide a sample from your throat and/or nose in accordance with the requirements set out in these terms and/or otherwise notified to you in writing; or

c) you do not, in respect of Lab Home PCR Test, within a reasonable time, provide a sample from your throat and/or nose.

10.2 If we end the contract in certain circumstances stated in these terms, including the situations set out in clause 1, we may (at our sole discretion) provide you with a voucher (see clause 9.3). In the case of clauses 5.7, 10.1.3(a) and 10.1.5(a), you will not be provided with a voucher if you fail to take the actions required in the timeframes specified in those clauses. .

10.3 We may end the contract in certain limited circumstances. We may refuse you access to the testing centre or to provide the concierge Covid Testing at your chosen location and end the contract for the Covid Testing if:

10.3.1 you have had a positive test for Covid-19 or developed any of the symptoms of Covid-19 within 10 days prior to the date of your test booking;

10.3.2 travel to one of our testing centres or to your chosen location (where concierge Covid Testing have been ordered) is prohibited due to a national or local lockdown, local health authority guidance, or other restrictions relating to an outbreak of Covid-19;

10.3.3. you have returned from a country in the 10 days prior to the date of your test booking which requires a quarantine period under UK Government guidelines, unless you are permitted to attend the testing centre under UK Government guidelines, such as the Test to Release or Arrivals Testing schemes;

10.3.4 you have had contact with a person who has tested positive for Covid-19 in the 14 days prior to the date of your test booking, as confirmed by the UK Government’s Test and Trace service, or other public health authority scheme; or

10.3.5 a member of your household or other people you have been in contact with have had a positive test for Covid-19 or developed symptoms of Covid-19 in the 14 days prior to the date of your test booking.

10.4 Cancellation of Arrivals Test Packages. If you test positive on your day 2 arrivals test, we will cancel any remaining tests that are part of that package.

10.5 Your right to a voucher following an end to the contract in certain limited circumstances, or if we cancel part of your Arrivals Test Package. If we end the contract in the situations set out in clause 3, or if we cancel any remaining tests in the circumstances set out in clause 10.4, you must contact us in accordance with clause 9.1 and we will provide you with a voucher (see clause 9.3).

11   IF THERE IS A PROBLEM WITH THE COVID TESTING

11.1 How to tell us about problems. If you have any questions or complaints about the Covid Testing, please contact us. You can telephone our customer support team on 0203 384 0000 or use the forms available on our customer support page at https://support.expresstest.co.uk/.

11.2 Summary of your legal rights. We are under a legal duty to supply the Covid Testing in conformity with this contract. You also have certain rights in respect of the Covid Testing including relating to faulty or misdescribed goods and performing services with reasonable care and skill. For detailed information about these rights, please visit the Citizens Advice Website www.adviceguide.org.uk or call 03454 04 05 06. Nothing in these terms will affect your legal rights.

12 PRICE AND PAYMENT

12.1 Where to find the price for the Covid Testing. The price of the Covid Testing (which includes VAT) will be the price indicated next to each test option on the Website. We take all reasonable care to ensure that the price of the Covid Testing indicated to you is correct. However, please see clause 3 for what happens if we discover an error in the price of the Covid Testing.

12.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between the date you booked the test and the date we supply the Covid Testing, we will adjust the rate of VAT that you pay, unless you have already paid for the Covid Testing in full before the change in the rate of VAT takes effect.

12.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the Covid Testing may be incorrectly priced. We will normally check prices before accepting your test booking so that, where the correct price of the Covid Testing at your test booking date is less than our stated price at your test booking date, we will charge the lower amount. If the correct price of the Covid Testing at your test booking date is higher than the price stated to you, we will contact you for your instructions before we accept your test booking. If we accept and process your test booking where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract and, if you contact us in accordance with clause 9.1, we may provide you with a voucher (see clause 9.3) .

12.4 When you must pay and how you must pay. We accept payment with the credit and debit cards listed on our Website. You must pay for the Covid Testing before we start providing them to you. Your credit or debit card will be charged at the time we accept your test booking.

13   OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

13.1 We are responsible to you for foreseeable loss and damage caused by us. Subject to clause 1 and clauses 13.2 to 13.6 (inclusive), 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.

13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Covid Testing (including the right to receive Covid Testing which are: as described and match information we provided to you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care; and for defective products under the Consumer Protection Act 1987.

13.3 We are not normally liable for loss or damage resulting from you missing your flight. You are responsible for ensuring that you book a test at a time which gives you enough time to complete the test process and for us to provide you with the results of your test before you are required to check in for any flight. Unless we fail to perform the Covid Testing with reasonable care and skill, we are negligent in performing the Covid Testing, or we fail to deliver your test results within the time period notified to you during the test booking process, we shall not be responsible for any loss or damage resulting from you missing your flight and/or other connection.

13.4 We are not normally liable for loss or damage where you are at fault. Unless your act, omission or failure is trivial, or we are partly to blame for it, we shall not be responsible for any loss or damage that results from your act, omission, or other failure in relation to the Covid Testing, including:

13.4.1 your failure to follow instructions notified to you in relation to preparation for your test and collection of your sample;

13.4.2 if we recommend you seek medical advice or attention having taken a test, your failure to act upon our advice;

13.4.3 your failure to attend your test booking at all or within a reasonable period of the time of your test booking;

13.4.4 if you have purchased a Home Testing Kit:

a) your failure to take your sample in accordance with the instructions set out in your Home Testing Kit;

b) in respect of Lab Home PCR Tests, your failure to package your sample according to the instructions set out in your Home Testing Kit (where the type of test you have purchased requires you to send your sample to us for testing); or

c) your failure to upload a photograph of your test result in accordance with the instructions set out in your Home Testing Kit (where the type of test you have purchased requires you to upload such a photograph).

13.5 We are not normally liable for loss or damage resulting from invasion, discomfort or medical issues. You acknowledge that the process of taking a sample from your nose and/or throat can be mildly invasive and could result in discomfort or, on rare occasions, minor medical issues, such as nosebleeds or irritation. Unless we fail to perform the Covid Testing with reasonable care and skill, we are negligent in performing the Covid Testing or our act or omission results in unnecessary invasion or discomfort, or avoidable medical issues, we shall not be responsible for any loss or damage resulting from such invasion, discomfort or medical issues.

13.6 We are not liable for business losses. We only supply the Covid Testing for domestic and private use. If you use the Covid Testing 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.

13.7 Our liability to you for certain losses is limited. Subject to clause 2, our total liability to you shall not exceed 125% of the price paid for the Covid Testing. However, the cap on our total liability to you, set out in this clause 13.7, shall not apply where our liability arises out of breach of terms implied into this contract under the Consumer Rights Act 2015 and the Consumer Contracts Regulations 2013.

14.   HOW WE MAY USE YOUR PERSONAL INFORMATION

14.1 How we may use your personal information. We will only use your personal information as set out in our privacy policy which is available at https://www.expresstest.co.uk/privacy-policy.

15   OTHER IMPORTANT TERMS

15.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will ensure that the transfer will not affect your rights under the contract.

15.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

15.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

15.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.

15.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

15.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the Covid Testing in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the Covid Testing in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the Covid Testing in either the Northern Irish or the English courts.

 

Schedule 1

Model Cancellation Form

(Complete and return this form only if you wish to withdraw from the contract)

To Cignpost Diagnostics Limited (trading as ExpressTest) Address: Building X92 Cody Technology Park, Farnborough, United Kingdom, GU14 0LX.

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),

Date

[*] Delete as appropriate

 

20th June 2022