Terms and Conditions

 

1 Service

1.1. Purpose: To determine the presence of COVID-19 virus including various strains/variants in a correctly, properly returned and intact swab sample, using the sample collection kit provided. The test will be performed using an evaluated COVID-19 testing procedure accepted by Public Health England.

1.2 “You” are the customer and have either accessed our website, entered one of our clinics or called our telephone number and you intend to place or have placed an order for our Service.

1.3 Throughout our Service, website and during any telephone call or written correspondence between you and us these terms and conditions along with our Privacy policy will apply. If there is any conflict between these Terms and any terms or conditions found elsewhere on our website, or in any written or verbal communication between you and us, these Terms will prevail.

1.4 By purchasing our Service you are giving Expert Doctors and its partner laboratories your informed consent to perform the tests you have ordered.  Service may be facilitated by third party subcontractors, servants or agents, professionally trained who will abide by your strict protocols, health and safety and privacy requirements.

1.5 Services are offered subject to availability at the time of booking. Expert Doctors reserves the right to cancel, reschedule appointments or deliveries, but Expert Doctors will aim to accommodate the client, where possible.

1.6 Please note that the service that Expert Doctors provides does not include collection from your address. If you are purchasing a Home Test Kit, it is your obligation to arrange for the Home Test Kit to be returned to Expert Doctors to fit your time scale. Such time scale or time frame is your prerogative, and not the obligation of Expert Doctors.

1.7 Time is not of the essence in this contract and Expert Doctors do not accept any responsibility or liability for any losses arising if the test result is not provided to you within your required timescale, which may have been stipulated by third parties.  Please note any such time frames are subject to privity of contract, between you and the third party, and to which Expert Doctors are therefore not bound. Expert Doctors will use its reasonable endeavours to perform its obligations detailed below as soon as practically possible.

1.8 Expert Doctors may suggest a number of reputable couriers to assist the customer in fulfilling their obligation of getting the test to Expert Doctors or partner laboratories within the required time frame, this is done as a gesture of goodwill to you, but ultimately it is the obligation of the customer to ensure the test gets to Expert Doctors or its partner laboratories in good time. These couriers are not acting as employees, servants or agents of Expert Doctors, and as such, do not have any actual or ostensible authority on behalf of Expert Doctors, nor will vicarious liability for their actions attach to Expert Doctors.  Expert Doctors will not be held responsible for their service with regard to the delivery of Samples to Expert Doctors on your behalf.

1.9 Failure to comply with any of your obligations in this agreement is an anticipatory breach, inter alia. It will render performance of Expert Doctors obligations under contract impossible and you are therefore committing a repudiatory breach. In such circumstances, Expert Doctors is entitled to accept your repudiation and choose to be no longer bound by the contract and relinquish all and any liability that Expert Doctors may have had to you for the service.

1.10 Expert Doctors offer the following Covid-19 Testing services:

  • Mandatory Day 2 and Day 8 International Arrival Civid-19 (PCR) Tests. Booked online on our website;
  • Fit to Fly Certificate Covid-19 PCR Test in store only and
  • Release from isolation on Day 5 Covid-19 PCR Test in store only

2 Your Obligations

2.1 The sample must be taken by you in line with our operating procedures as detailed in the instructions provided to you and available on our website, and included in your contractual obligations below.  This includes both throat and nasal swab.  If, for any reason, you are not able to provide a sample as per the procedure we cannot guarantee that the sample provided will be suitable for analysis and a valid result forthcoming and Expert Doctors accepts no responsibility for losses arising in such circumstances.

2.2 It is crucial that you provide the necessary information to register your tests in accordance with the registration process as detailed in our instructions and available on our website, as without it, Expert Doctors and our partner laboratories will not be able to provide you with results. You will not be able to receive your results if you have not registered your tests online. By submitting a sample to Expert Doctors or our partner laboratories you are consenting to the testing of that sample.

2.3 In order to meet these requirements you must follow the instruction supplied with your testing kits.

2.4 Please arrange delivery via courier of your completed kit to the address printed on the Return Envelope.

2.5 Please ensure your chosen courier is able to handle biological samples according to UN3373 requirements. We recommend you select a tracked service.

2.6 Expert Doctors may provide return label as a Goodwill gesture. In this case you may prefer to use provided label

2.7 It is your obligation to ensure that the sample is returned to Expert Doctors or its partner laboratories with sufficient time for Expert Doctors to be able to test the sample and provide you with result.  Expert Doctors will aim to provide results in 12-24h once sample is received at our Laboratory. This time frame is subject to change, and is approximate only, noting the above provision that time is not of the essence.

2.8 This agreement dictates the terms regarding the agreement. Expert Doctors are not bound to adhere to any time frames that you require or may be set by a third party.

2.9 Should Covid 19 restrictions be in place in your area when you are seeking to return a sample to Expert Doctors, if you are not legally able to travel, you must ensure that the sample is delivered by an alternative means. This is not the responsibility of Expert Doctors and no liability will attach in this regard.

2.10 Expert Doctors is not a travel agent and does not provide travel advice. It is your obligation to establish the requirements for travel for your journey. Different countries have different requirements. Expert Doctors are not liable for any losses arising because you have not met your travel requirements.

3 Expert Doctors Obligations

3.1 Expert Doctors and its partner laboratories will make every reasonable endeavour to analyse your sample and to provide you with a results report. However, on rare occasions, anomalies can occur during laboratory analysis, for example, issues with sample collection or processing errors. Expert Doctors will endeavour to identify and correct any such issue. Additional samples may be required, if remaining sample is insufficient for repeat analysis. And as a consequence, results/reports may be delayed.  Expert Doctors will not be held accountable or liable for delays with testing that is outside of their control.

3.2 Following receipt of your sample, we will make every reasonable endeavour to provide your test results within a reasonable timeframe following our laboratory receiving your sample. Delivery dates for test results are approximate only and Expert Doctors will not be held liable for any delay in delivery, particularly in light of global shortages in raw materials and the unprecedented level of demand for our services in the current challenging circumstance, as well as subject to further terms in this agreement. You acknowledge that you will receive your results to the email address provided by you when booking your test. It is your responsibility to ensure that Expert Doctors has the correct

3.3 Expert Doctors offers a ‘clinical service’ and will only offer a refund where they are required to by law. If you use the reference number provided by Expert Doctors to fill the passenger locator form, Expert Doctors reserves the right to deny refund requests.  If you need to contact us directly in relation to an outstanding refund or any queries with regards to your booking, please do so via review@expertdoctors.uk

4 Provision of our COVID-19 Testing Kits

Expert Doctors will not be liable for any loss or damage (including refunds) suffered by you due to:

4.1 Failure by you to enter your correct email and the UK delivery address when booking the test on our website resulting in you not receiving the travel test package booking reference number to complete the passenger locator form;

4.2 Incorrect use of any test kits by you;

4.3 Failure to follow instructions provided and available on our website;

4.4 Failure to provide information for the kit to be assessed by the laboratory as per instructions provided

4.5 Failure to enter a correct email.

4.6 Failure to follow instructions to post the test kit to the laboratory;

4.7 Posting the kit without postage;

4.8 Posting the kit without taking the test;

4.9 Failures or delays by third parties used in connection with the provision of our Covid-19 testing service such as the postal system, couriers and our partner laboratories;

4.10 Reliance on any guidance on travel regulations by us. It is your responsibility to comply with the current travel regulations in force.

4.11 If you do not receive your confirmation, please check your spam or junk email before contacting us.

4.12 Please review the booking carefully and ensure all the details are accurate and correct. Please carefully check the correct UK postal address details have been entered to ensure your test kits can be delivered to you. Use capital letters when entering your UK postcode.

4.13 You are reminded when you book a Covid testing package it means that you have accepted the full terms and conditions of booking.

5 Liability/Statutory Rights

5.1 Nothing in these terms or conditions excludes or limits the liability of Expert Doctors or its partner laboratories as follows:

  1. for death or personal injury caused by our negligence
  2. under section 2 of the Consumer Protection Act 1987
  3. for fraud or fraudulent misrepresentation
  4. by the conditions implied under section 12 of the Sale of Goods Act 1979
  5. by the conditions implied under section 2 of the Supply of Goods and Services Act 1982.

5.2 Expert Doctors shall not be liable to you for any loss of profit, loss of business, loss of opportunity, loss of goodwill, or any claims for indirect compensation whatsoever, which may arise out of, or in connection with, the use of the goods or services provided. Where you are being provided with these goods and services as a consumer, our total liability in contract, tort, misrepresentation or otherwise; arising in connection with the performance of these conditions, shall be limited to losses which are a foreseeable consequence of the failure to comply with these terms and conditions only. Different limitations may apply where you have ordered testing kits for resale to third parties, or are otherwise operating as a business, and these terms are without prejudice to any separate terms that apply in that context, which would have been communicated to you at the point of sale.

5.3 Any time frames alluded to above are approximate only and subject to change. Time is not of the essence in this contract and Expert Doctors do not accept any responsibility or liability for losses arising as a result of any delay, if the test result is not provided to you within your required timescale as may be set by you or any third party.  Without prejudice to the generality of the foregoing, this limitation is to include claims for losses where you have been unable to travel or work.

5.4 Expert Doctors will not be held liable for any losses arising as a result of your failure to adhere to your obligations or follow instructions as set out in this contract.

  1. Refunds Policy & Returns Policy

We operate a strict no refund and returns policy with no exceptions however, this will be discretionary to offer any refund on a case by case basis and investigation carried out by the refunds and disputes team.. Any despatched kits for self-test that are unused will NOT be refunded under any circumstances due to health and safety reasons. Therefore, once booked, the Covid testing kits are non-changeable and non-refundable.

6.1 If the test booking reference number (EXDR number) has been generated by us and sent to you we cannot provide a refund.

6.2 We cannot provide a refund for leakage from the sample collection bottle or missing swab. In these circumstances a replacement item will be dispatched on request.

6.3 We will not provide a refund if you have not received your test kit by day 2 of your isolation. The day 2 and day 8 tests can be undertaken on or after day 2 and 8.

6.4 We cannot provide a refund for delays in receipt of the testing kits or results from the laboratory as a result of factors outside of our control such as delays in the postal system or delays in processing the kits by the laboratory.

6.5 We cannot provide a refund as a result of one or more of the failures at paragraph 2 above.

6.6 You cannot terminate the contract, in accordance with paragraph 5, between us if 6.1 has occurred.

Please click on the Refund Policy  to read review the full document.

 

7 Restrictions

7.1 Expert Doctors does not condone or encourage any breach of Covid-19 restrictions.  You must consider the current legislated position in your area at the time of booking. It is your responsibility to ensure that your Obligations under contract as listed above are not in breach of local laws or restrictions. Expert Doctors will not be held liable should any restrictions apply to you and you are unable to meet your obligations, this applies in circumstances where these restrictions change after the date of booking the Service, rendering you unable to perform your obligations.

7.2 If due to Covid-19 restrictions, you are not able to travel to return your sample then it is your obligation to arrange an alternative means for the sample to be returned to Expert Doctors or their partner laboratories to meet your timeframe.

8 How we will use your personal information

8.1 We will use the personal information you provide to us:

  • to provide Covid-19 testing services to you as detailed at paragraph 2.10 above ; and
  • to process your payment for the services.

8.2 We may also, with your agreement, use certain of the personal information you provide to us to market to you. By using our services, you agree that we may use your data relating to you on an anonymous aggregated basis.

8.3 Where you provide us with special types of personal information, we will only process such information in so far as it is necessary in order to provide you with health care or treatment or to comply with the law. We will not process this information for any other purpose without your express consent.

8.4 We will only give your personal information to third parties if it is necessary to complete the service you have requested from us, with your consent or where the law either requires or allows us to do so.

8.5 We will only retain your personal information for as long as is necessary to provide the services to you.

9 Termination of Contract

9.1 Under the Consumer Contracts Regulations 2013, you have the right to cancel this contract within 14 days without giving any reason. This only applies where contracts are agreed away from our premises or where we are not both physically present. To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Please note the termination of contract provisions are not applicable if the service has already been provided in accordance with paragraph 3 and 4 above.

You can make contact with us in one of the following ways to cancel the contract:

  • Call us on 01274 270 270;
  • Email us: support@expertdoctors.uk; or
  • By post to Suite 84 Broadgate House, Bradford, BD1 4QQ

9.2 We will refund you the price you paid for the services as soon as possible provided you have informed us within 14 days of ordering or paying for the service.

9.3 Notice of termination will be effective from the date and time of receipt.

9.4 Please note termination of the contract between us is subject to paragraph

9.5 and our refund policy shown above.

10 Applicable Law

10.1 Any dispute or legal issue arising from our terms of business will be determined by English law to the exclusive jurisdiction of the English courts.

11 Equality and Diversity

11.1 We are committed to promoting equality and diversity in all of our dealings with clients, third parties and employees. Please contact us for a copy of our equality and diversity policy.

 

12 Data Protection

12.1 We use the information you provide primarily for the provision of Covid-19 testing to you and legal and regulatory compliance.

12.2 Our use of that information is subject to your instructions, the Data Protection Act 1998, General Data Protection Regulation and our duty of confidentiality. You have a right of access under data protection legislation to the personal data that we hold about you.

Expert Doctors shall not be held liable for any failure to perform its obligations under this contract, if it is prevented or delayed in performing those obligations by an event of force majeure, without prejudice to the generality of the foregoing, such events may include the following:

13 Force Majeure

Expert Doctors shall not be held liable for any failure to perform its obligations under this contract, if it is prevented or delayed in performing those obligations by an event of force majeure, without prejudice to the generality of the foregoing, such events may include the following:

13.1 Adverse events (such as, but not limited to, fires, explosions, earthquakes, drought, tidal waves and floods);

13.2 War, hostilities (whether war be declared or not), invasion, act of foreign enemies, mobilisation, requisition, or embargo;

13.3 Rebellion, revolution, insurrection, or military or usurped power, or civil war;

13.4 Contamination by radio-activity from any nuclear fuel, or from any nuclear waste from the combustion of nuclear fuel, radio-active toxic explosive, or other hazardous properties of any explosive nuclear assembly or nuclear component of such assembly;

13.5 Riot, commotion, strikes, go slows, lock outs or disorder, unless solely restricted to employees of the Supplier or of his Subcontractors; or

13.6 Acts or threats of terrorism.

13.7 Supply or delivery restrictions arising as a result of governmental Pandemic response.

13.8 Any supply/delivery limitations arising out of an Act of Government, or with respect to any border travel, customs delay or trade restrictions arising as a result of Brexit.

 

14 Severability

The unenforceability or invalidity of any clause in this Agreement whether in whole or in part, shall not have an impact on the enforceability or validity of any other clause. Any unenforceable or invalid clause shall be regarded as removed from this Agreement to the extent of its unenforceability and invalidity at the finding of a competent Court.

15 Rights of Third Parties

15.1 A person who is not a party to this agreement shall not be entitled to enforce any of its terms.