* We are MPJ Medical Ltd. Our company information is at the end of this document.
2. What this is all about
* These are our terms and conditions which apply to our Service (explained below). We’ve tried to make them user-friendly. Please read them carefully and save a copy as we don’t file a copy specifically for the transaction with you. They’re available in English only.
3. Some definitions
* Here are some definitions which are used in this document (all capitalised):
1. “Consumer” - an individual acting for purposes which are wholly or mainly outside that person’s trade, business, craft or profession.
2. “Kit” – the test kit which we send you in connection our Service.
3. “Service” – our testing service including supplying you with the Kit, arranging for laboratory analysis and providing you with the test results.
4. How you order - and forming a contract with us
* Your order is an offer to enter a legal contract with us.
* You place your order by using the ordering process on our site. This involves sending your order to us by clicking on the “Pay Now” or equivalent button. You can check and amend any errors before making an order by using the change function and/or the internet browser back button.
* We accept your offer and there is a binding legal contract when we send you a confirmation email.
5. Consumer right to cancel (“cooling off”)
* If you are a Consumer, you have the right to cancel this contract subject to the provisions set out below.
* You lose the right to cancel contracts for the supply of services which have been fully performed, i.e. completed.
* If you do have the right to cancel, please see the instructions at the end of this document.
6. Who can use our Service?
* You must not use, or attempt to use, our Service unless you are aged 18 or over and live permanently in the UK.
* You must not order our Service for use by any another person unless that person is 18 years or over and you have obtained their written consent or you are their parent/guardian. You must not pass the Kit to anyone else or re-sell our Service.
* Payment is in advance at the prices specified on our website at the time of your order.
* Subject to any applicable “cooling off” rights as explained above, you are legally committed to pay once we confirm your order.
8. Discount codes
* We may offer discount codes from time to time. Such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered and are not transferrable or redeemable for cash. Unless otherwise stated: codes (1) are only available for future new orders placed online; (2) cannot be used retrospectively; (3) can only be redeemed once per customer; and (4) expire after 12 months. You cannot use more than one discount code per transaction unless we state otherwise; if we do so, the order in which the codes are to be applied is in our sole discretion.
* We reserve the right to reject any discount code if we consider that it is being used in breach of these terms. Discount codes are subject to any additional specific terms and conditions which are specified at the point of issue. We reserve the right to discontinue or otherwise modify any discount codes at any time without prior notice.
9. Use of our Service
* You promise that all information that you supply to us in connection with your order is accurate and not misleading and that you will tell us if there are any important changes.
Delivering the Kit
* Delivery is only to the postcodes or other locations mentioned on our site and is otherwise subject to any restrictions we have explained.
* We aim to send you the Kit so that is arrives during the time slot you have specified. We aren’t responsible for delays in delivery (a) if due to circumstances beyond our reasonable control and where we could not have taken reasonable steps to deal with the delay or (b) if you haven’t given us adequate delivery instructions.
* It is your responsibility to ensure that you and the other people for whom you book tests are all present at your home during the time slot and in a position to promptly administer the tests. You agreed to view in advance the explanatory video that we send you. The courier is entitled to leave without the completed Kits if within [insert] minutes of the courier’s arrival there is either no answer or you have failed to administer the tests and to return the completed Kits to the courier. If so, there is no refund unless you have consumer cooling off rights as explained above.
Sending you the test results
* We will take reasonable steps to email you the test results and certificates within the agreed timescale after the courier leaves your home (unless our website says differently). it is your responsibility to contact us promptly if you have not received notification of your results within the expected period.
* You agree not to engage in any abusive or aggressive behaviour towards our staff.
Disclaimers – very important
* You acknowledge that, as with any medical test, 100% accuracy of our tests cannot be guaranteed. For example, there is always a risk of either a “false positive” or a “false negative” test result. Also, there is a risk that the test will not cover a new Covid variant. Accordingly, we are not legally responsible for incorrect test results and you rely on the test results at your own risk.
* We do not supply medical advice. You agree to consult your own doctor if you require medical advice in relation to the test results or any symptoms.
* We do not promise that our results certificates will be accepted by any particular airline, government or other authority. It is your responsibility to ensure that the certificates are suitable for any particular purpose for which you require them.
* We reserve the right to destroy any sample following transmission of test results.
10. Suspending or ending our Service
* We reserve the right at any time, without refund, to suspend or end our Service if have reason to suspect that your use of our Service is in breach of our terms and conditions or if any amount due to us is unpaid or charged back.
11. Restrictions on our legal responsibility – very important
* Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our employees and agents, who have the right to enforce this agreement.
* If you are a Consumer, we shall not be liable for any loss or damage where:
1. there is no breach of a legal duty owed to you by us;
2. such loss or damage was not reasonably foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract);
3. (and to the extent that) such loss or damage is your fault, for example by not complying with this agreement; or
4. such loss or damage relates to a business of yours.
* If you are a Consumer, you will be responsible to us for any reasonably foreseeable loss or damage we suffer (including claims made by other people) resulting from your breach of this agreement or misuse of our Service.
* The following clauses apply only if you are not a Consumer:
1. Our liability of any kind (including our own negligence) for any act or omissions or series of connected acts or omissions is limited to the total fees paid or payable by you to us in connection with our Service in the 12 months before the act or omissions complained of.
2. In no event (including our own negligence) will we be liable for any:
* economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
* loss of goodwill or reputation;
* special, indirect or consequential losses; or
* damage to or loss of data
(even if we have been advised of the possibility of such losses).
1. You will indemnify us against all claims and liabilities directly or indirectly related to your use of the Service and/or breach of this agreement.
2. To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement.
3. This agreement constitutes the entire agreement between us with respect to its subject matter and supercedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded.
12. Things we can’t control
* We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures and epidemics/pandemics.
13. Transferring this contract to someone else
* We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.
15. English law
* This contract is under English law and any disputes will be decided only by the courts of the United Kingdom.
16. General but important stuff
* We may send all notices under this agreement by email to the most recent email address you have given us. You can send notices to our email address shown below. Headings used in this agreement are for information and not binding. If any part of this agreement is ineffective or unenforceable for any reason, the rest of the agreement will still apply. If either of us overlooks any breach of this agreement by the other, it can still be actioned later. A person who is not a party to this agreement can’t enforce it unless the agreement says otherwise. The parties are independent contractors and, except as otherwise specifically stated above, nothing in this agreement make any party as agent, employee or representative of the other.
* If you have any complaints, please contact us via the contact details shown below.
18. Company information
* Company name: MPJ Medical Ltd
* Trading name: “MPJ Medical”
* Country of incorporation: England and Wales.
* Registered number: <13243763>
* Registered office and trading address: <address tbc>
* Contact email address: firstname.lastname@example.org
* Other contact information: See our website / contact page.
RIGHT TO CANCEL (“COOLING OFF”)
The following applies if you have the right to cancel this contract (as explained above):
Right to cancel
1. You have the right to cancel this contract within 14 days without giving any reason.
2. The cancellation period will expire after 14 days from the day of the conclusion of the contract.
3. To exercise the right to cancel, you must inform us MPJ Medical Ltd, <address tbc> (email address above) (of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You may use the model cancellation form below but it is not obligatory.
4. 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.
Effects of cancellation
5. If you cancel this contract, we will reimburse to you all payments received from you.
6. We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract.
7. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
8. If you requested us to begin the performance of services during the cancellation period, you shall pay us an amount which is in proportion to what has been performed until you have communicated to us your cancellation of this contract in comparison with the full coverage of the contract. (Please note that our services begin before delivery of the Kit and it is unlikely you will be entitled to any refund if you cancel within 24 hours of the start of your delivery slot.)
MODEL CANCELLATION FORM
Complete and return this form only if you wish to cancel the contract:
— To MPJ Medical Ltd, <address tbc> (email address above):
— 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),
[*] Delete as appropriate