Terms of service
These Sussex Pathology Terms and Conditions govern your order and our performance of the services we make available from www.onedaytests.com (the "Site"), a website operated by Sussex Pathology ("we," "us," or "our"), from our Walk-In Clinics (s) and our partner stores.
These terms cover the order and purchase of our services by an individual consumer. If you are acquiring our services as a business, our "Terms and Conditions for Business" apply (please ask for a copy).
These Terms tell you who we are, how we provide our Services to you, how you and we may change or cancel the contract, what to do in case of a problem arising and other important information
Please read these Terms carefully before you submit your order to us.
BY SUBMITTING AN ORDER FOR SERVICES TO US OR VIEWING ANY OF OUR RESULTS PROVIDED FOR YOU, YOU AGREE TO BE BOUND BY THESE SUSSEX PATHOLOGY TERMS AND CONDITIONS. IF YOU DO NOT WISH TO BE BOUND BY SUSSEX PATHOLOGY TERMS AND CONDITIONS, YOU MUST NOT SUBMIT ANY ORDERS FOR SERVICES TO US OR VIEW ANY OF THE RESULTS PROVIDED BY US.
ARTICLE 1. INFORMATION ABOUT US, OUR CONTACT METHODS AND ABOUT THESE TERMS
- “We” are Sussex Pathology Limited, a company registered in England and Wales. Our company registration number is 14082387. Our registered VAT number is: GB414438314. Our Laboratory address is Sussex Pathology Limited (Laboratory), Coachmans Drive, Crawley, RH11 9AQ, UK. The brand name we use in our commercial activities for individual consumers, including our Walk-In Clinics and self-testing kits, is ONE DAY TESTS, our services are made available on the website www.onedaytests.com
- "You" are the customer who has accessed our website, and/or used one of our Walk-in Clinic(s)/home appointments services, or have been given a promotional home test kit, and/or used one of our Partner’s Stores and intends to place or has placed an order for our Services (as defined below).
- You may contact us by using this email address: hello@onedaytests.com
- If we need to contact you, we will do so by writing to you at the email address you provided to us in your order.
- These Sussex Pathology Terms and Conditions do not apply to your use of our website generally. Instead, please refer to our Sussex Pathology Website Terms and Conditions, which are available upon request.
- These terms and conditions along with our Privacy Policy (together, the "Terms") apply to any order you make for our Services. 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 shall prevail.
- We may amend the Terms from time to time in our sole discretion. Every time you order Services from us, the Terms in force at the time of placing your order will apply to the Contract between you and us. Please check this page before you submit an order for Services, as this version may be different from the version(s) that applied to your order(s) previously.
- Sussex Pathology’s Services are not available to customers in locations outside of the United Kingdom. Customers access our Site and the Services on their own initiative and are responsible for compliance with local laws.
ARTICLE 2. INFORMATION ABOUT OUR SERVICES
- We provide various laboratory testing services, including blood, swab, and other biological samples.
- You have to be at least 18 years old to order and use our Services.
- As part of our Services, we provide a number of ways in which you can purchase laboratory tests:
- walk–in or make an appointment at one of our Walk-In Clinics
- self-testing kit for home use posted by post or courier
- self-testing kit for home use for you to pick up from our Walk-In Clinic(s) or from our Partner’s store(s)
- home or office appointment with our nurse or phlebotomist
- All current available service options are specified on our website.
- The blood testing is carried out by our own, independently managed laboratory. However, in some cases, we might need to send the samples to be tested at one of our Partner’s Referral laboratories. Referral laboratories are laboratories with whom we have partnered to use their facilities in a number of situations, including to perform the test you have ordered. The quality of these laboratories is recognised by UKAS and/or CQC, or similar accrediting bodies for the laboratories outside the UK.
- Following the completion of testing, the report will be prepared and made available to you via email to the address you provided to us and/or on your Account dashboard page. We will notify you by email that your account dashboard has been updated accordingly.
- Report is prepared solely on the basis of your blood sample and the information that you have provided to us, without access to your full medical records. While tailored to your personal information, you acknowledge that the Report is generic in its nature. There are no individual Doctor’s notes in your Report. All the Report’s comments are generated by our internal, automated commentary system. You are solely responsible for following up any concerns, any symptoms or the results on the Report produced by Sussex Pathology with your GP, Doctor, or other medical professional.
- The price and approximate turnaround time for services are available on our website and/or as a separate printed promotional material and/or in separate printed material at the information board in our Walk-In Clinic(s) and Partner’s Store(s).
- Each test has a page on our website that sets necessary information about the test, including its price, method of payment, way of obtaining the samples and approximate turnaround times.
- The Services will be deemed to have been provided once your test results have been made fully or partially available, to the extent possible by the laboratory and the quality of your sample.
- We may contact you by telephone or email regarding your sample and test results.
- We only use your personal information in accordance with our Privacy Policy. Please take the time to read it as it includes important terms which apply to you.
- If your test request is associated with a collection of tests requested by a practitioner that is part of Sussex Pathology Limited offering (specific to that practitioner), you agree that your results are shared with that practitioner.
Walk-in or appointments in our Walk-In Clinic(s)
You can walk in or make an appointment on our website in our Walk-In Clinic(s) for your sample to be taken by our nurse or qualified phlebotomist (‘Trained Staff’). Our Trained Staff will obtain a blood sample from you using venous sampling method or (if requested by you in advance/recommended by Trained Staff in our clinic) via capillary sampling method.
After our Trained Staff take a sample they will arrange for it to be delivered to our laboratory on your behalf.
Self–testing kit
- A self-testing finger–prick kit is for you to take your own blood sample at home in accordance with the blood collection instructions provided and then return it to our laboratory for testing. There are a few options available to obtain and return the kit:
- Order the kit online on our web site to be posted to you by your choice of courier, which is currently Royal Mail and DPD, and return it via prepaid envelope.
- Pick up your ordered via online self-testing kit in one of our Walk-In Clinic(s) or in our Partners Store, drop off in one of our Walk-In Clinic(s) or in our Partners Store. In this case your sample reach our laboratory quicker and you will not pay any postage fees.
- Purchase it directly from one of our Walk-In Clinics or a Partner store, or drop it off at one of our Walk-In Clinics or a Partner store. You can also use your prepaid envelope to send it via courier for an additional fee.
If you ordered a kit to be posted to you and returned to our Laboratory via courier you still can come and return it in any of our drop off sites, however you will not be entitled to any unused postage fees.
You must complete all required details on the label attached to the back of the biohazard pouch provided or to the sample tubes. You acknowledge that blood samples that are not fully and correctly labelled cannot be processed. It is not possible to make changes to the label once it has been sent to the Laboratory.
- The kit you obtain contains all the items you will need, including full instructions on how to take your sample and all of the relevant warnings. Please read it in full and follow these instructions carefully. Only use the equipment provided in the kit to take your sample. We will not be liable to you for any injury you may suffer if you use equipment other than that provided by us.
- After collecting your sample, you must return it to the laboratory on the same day. This includes posting it back via your courier of choice or using our drop off sites, including our Walk-In Clinic (s) or our Partner’s Stores, in this case, we will be able to process your sample quicker.
- Please follow exact instructions on when to take a sample and when and how to return it, as delay in returning it may compromise the results accuracy, for which we will not be liable to you.
- The test with a self-testing finger–prick kit is valid for 60 days from the date that we process your order. See ARTICLE 6 Dispatch and Delivery for further information. If you do not send a sample to the laboratory within the validity period, your test will expire. You will not be entitled to a refund.
ARTICLE 3. Home or office visit by our Trained Staff.
- You can order an online visit to your home or office for our Trained Staff to obtain the blood sample. You have to be present at the agreed address at the appointment time and available to give the sample. Our Trained Staff will then take the sample from you using venous sampling method or (if requested by you in advance/recommended by Trained Staff at your site) via capillary sampling method.
- Our Trained Staff will then arrange for it to be sent to our laboratory on your behalf. No refund will be given for the home/office visit if you are unable to take the test at the appointment time. Our staff might, at their discretion, attempt to leave the self-testing kit to enable you to take the test yourself and it will be your responsibility to arrange for the return of your sample to the laboratory.
ARTICLE 4. SUBMITTING ORDERS AND FORMATION OF CONTRACT BETWEEN US
Online
- To submit an initial order, you must register for or log in to your account on the Site (“Account”) and, via your personal profile dashboard, you will have to provide the requested information.
- Our website will guide you through each step of the process you need to take to make an order with us including making appointments to visit Walk-In Clinic(s) or visit to your home/office.
- Please carefully check and, if needed, amend any errors before submitting the order to us. We will not be liable and no refund will be given if we are unable to properly supply Services to you because you have provided incomplete or inaccurate information.
- As part of the process you will need to accept these Sussex Pathology Terms.
- Payments have to be received in full prior to us processing your online order, this include your bookings for appointments in our Walk-In Clinic(s)
- Our acceptance of your order for Services will take place when we email you a confirmation of acceptance of your order, at which point a Services contract will come into existence between you and us on the basis of these Sussex Pathology Terms. The date of formation of the contract is the date we send you a confirmation email.
- By submitting the order you confirm that you request immediate performance of this contract for Services.
- If we are unable to accept your order, we will inform you of this by email. We will not charge you for the Services (or shall refund you). It might happen, but not limited to situations, when for example, we have unexpected limits on resources which we could not reasonably plan for.
- You acknowledge that a refund of any amounts paid will be your only available remedy if we are unable to accept your order after it has been placed.
- Each next booking request (including for retest) constitutes an additional and separate order which we will notify you as being accepted by us pursuant to these Sussex Pathology Terms.
- If you order our subscription product, your initial order constitutes acceptance of the Sussex Pathology Terms for all subsequent tests.
- During the check out process for self-testing kits you will be able to choose a type and price for your choice of courier or you can chose option to pick up and/or drop off your self-testing kit in one of ours Walk-In clinic(s) or Partners store (our pick up/drop off sites)
In our Walk-In Clinic(s)
- Our staff will guide you through all steps you need to take to place an order with us in one of our Walk-In Clinic(s). When you are ordering our Services in our Walk-In Clinic(s) you acknowledge that you are making an offer to purchase our Services in accordance with these Terms.
- You will be asked to complete, sign, and submit a test request form as part of the order process. Please carefully read and check the information you provided before submitting the request form, as it is your responsibility to ensure that all the information you provide is complete, legible and accurate. We shall not be liable, and no refunds will be given, if we are not able to provide our Services to you because the information you have provided is illegible, incomplete, or inaccurate.
- We must also receive a payment in full prior to us processing your order. The contract (“Contract”) between us, including these Terms, will only be formed once these steps have been undertaken.
- No refund shall be given if you fail to attend your appointment at your scheduled time
- We will use all reasonable endeavours to meet all appointment times, but time shall not be of the essence.
- We and our staff hold the right to reject a service being ordered and provided to you if we have concerns that this service is not appropriate to you, for example, if we think you are less than 18 years old and you cannot provide an ID to prove your age. However it does not make us liable for not requesting your ID during the order process if you provided us with incorrect information about your age.
IN OUR PARTNER’S STORE
- When you order service in one of our partner’s stores, their staff will guide you through all the steps you need to take to place an order with us in the store. When you are ordering our services in a partner's store you acknowledge that you are making an offer to purchase our Services in accordance with these terms.
- You will be asked to complete, sign, and submit a test request form as part of the order process. Please carefully read and check the information you provided before submitting the request form, as it is your responsibility to ensure that all the information you provide is complete, legible, and accurate. We shall not be liable, and no refunds will be given, if we are not able to provide our services to you because the information you have provided is illegible, incomplete, or inaccurate.
- We must also receive payment in full prior to processing your order. The contract (“Contract”) between us, including these terms, will only be formed once these steps have been undertaken.
ARTICLE 5. PRICE AND PAYMENT
- For online orders, the price of the Services will be quoted on our website on each Product’s page. The full price for your order, including any additional fees, which also include delivery fees and taxes, will be quoted at the check-out page at the time you submit your order.
- For orders in our Walk-In Clinic(s) or our Partner(s) stores the price of the Services will be provided by our Staff and/or quoted in our printed material or on our information boards at our Walk-In Clinic(s) or our Partner(s) stores.
- Prices for our Services may change from time to time, but changes will not affect any orders you have already placed.
- It is always possible that, despite our best efforts, some of the Services we sell may be incorrectly priced. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the Contract, refund you any sums you have paid and require the return of any Products provided to you.
- You can pay for Services using a debit or credit card. Please refer to our checkout page for a list of current options. Signs with the payment options in Walk-In Clinic(s) and our Partner(s) stores will be placed near the checkout till.
- All delivery options, timeframes, and charges will be quoted at the time you submit your order and on the separate website page DISPATCH AND DELIVERY, see also ARTICLE 6.
- We reserve the right to change our promotional offers and discount vouchers at any point
ARTICLE 6. DISPATCH, DELIVERY, PICK UP AND DROP OFF
- After your online order for a self-testing kit has been accepted and processed by us, we will send you the kit by the method chosen by you during checkout and in the time frame stated on the website. Once your order is dispatched, we will inform you via separate email.
- If your order is placed before 13.00 on a business day, we will endeavour to ship it that day. If you order received after 13.00 we will still try to dispatch it on the same day, but if unable to do so, we will dispatch it on the next working day. A working day is any day other than a Saturday, Sunday, or public holiday in the UK ("Working Day"). For orders received on weekends and public holidays we will send your order the next working day. We are entirely dependent on our postal service providers (Royal Mail or DPD) and their stated delivery timeframes.
- Delivery of a self-testing kit shall be completed upon our first attempt to deliver it to the address you have provided, and a self-testing kit and sample will be your responsibility from that time until it reaches our laboratory for analysis.
- It is your responsibility to ensure that you have read and understand all the information in the Instructions provided in the kit before you proceed to take your sample. Sussex Pathology does not accept any liability if you do not follow the instructions provided.
- If you damage your sample collection kit, we will send you a replacement kit, subject to your payment of £6 to cover the cost of doing so. We might ask you to provide photos of it or send us the damaged kit back.
- If your sample collection kit arrives in the post damaged, we will send you a replacement kit free of charge as soon as you notify us. We might ask you to provide photos of it or send us the damaged kit back.
- Please inform us via email at hello@onedaytests.com, quoting your order number, if your order has not been received within 3 working days following the dispatch date. We will endeavour to send you a free replacement kit at the same day or the next working day after you notify us.
- Each sample must be posted back to the laboratory on the same day it was taken, before 12 o'clock, by the method chosen by you. A pre-paid envelope will be provided in your kit. Follow the exact instructions on which days of the week to take and return your sample in the Instructions provided in your kit. We will not be liable, and no refund will be given, if you fail to follow the instructions, which will lead to your sample degrading and us not being able to test it.
- If you choose to pick up your kit at one of our sites, you can pick it up in accordance with the opening hours of the sites, provided on our website. You have to bring with you your order confirmation email, either printed or in electronic form, as well as ID, which we may ask for.
- If you choose the drop-off option to return your sample, you have to follow instructions on our website. We accept samples to be dropped off at our drop-off sites on Monday, Tuesday, Wednesday and Thursday during the opening hours of our drop-off sites. On Friday, we accept samples to be dropped off until 12 o’clock.
- Once your sample is received at our Laboratory we will send you an email confirming this.
- The results will be made available in accordance with the approximate turnaround times specified on the webpage of each test. Some tests can be done the same day we receive them in the laboratory or within 24 hours; others might take longer, but the time shall not be of the essence in all cases.
ARTICLE 7. BLOOD TESTING PROCESS
- Any sample you provide (whether it is blood, bodily fluid, or another biological sample) to our Laboratory for analysis will be analysed only in relation to the test or tests that you have ordered.
- You are responsible to follow any special instructions, if any, indicated on the website page for the test you chose, e.g., fasting, avoiding alcohol before testing, etc. This includes options when you use our self-testing kit at home, make an appointment to visit our Walk-In Clinic(s) or book Home/Office visit. When you order our phlebotomist services in our Walk-In Clinic(s) without an appointment,our staff will inform you if your chosen test needs any special instructions to follow. If you decide to proceed without following those instructions we will not be liable for it. We do not accept responsibility for results that are compromised due to your failure to follow special instructions for obtaining samples correctly.
- You acknowledge that test outcomes depend on the quality of the blood sample provided by you, so you agree to adhere to the blood collection protocols provided. If you do not follow these protocols it might have an impact on your results, e.g defective or partial test results may occur. In such cases we may, at our own discretion, offer you a retest free of charge if a partial result is reported by the Laboratory, and/or if your blood sample was clotted, haemolysed or otherwise unusable at the time of its receipt by the Laboratory.
- Any delay in our Laboratory receiving your sample will result in a delay in test results being available or in the quality of those results. We do not accept responsibility for results that are compromised due to sample being received by our Laboratory with a delay.
- If you need your test results within a certain timeframe, we recommend selecting either an appointment in Walk-In clinic.
- In a small percentage of cases, tests need to be rerun due to the precise and high sensitivity of laboratory analysers. Please allow for the possibility that in such circumstances it will take a little longer to get your results to be reported back to you.
- In some rare cases, the laboratory is unable to test samples sent to it at all, or in some cases, one or more biomarkers may not be able to get tested. This may be because the amount collected is insufficient for full analysis, or the sample has deteriorated, clotted, haemolysed (where red blood cells damaged during the sample collection process leak their contents into the surrounding plasma), or the sample has leaked in transit. If the laboratory cannot analyse the requested test or blood profile in its entirety, we will either (at our discretion) send you another testing kit free of charge, arrange an appointment for a repeat test, or issue you with a refund (at our discretion).
- In some cases, a small number of biomarkers that are not critical for the overall report are unable to be tested, in these cases, we will try our best to re-run tests for those particular invalid biomarkers (e.g. analytes). We will then proceed with sending a report to you. We are unable to provide a full refund or a partial refund for invalid or rejected biomarker(s) unless the sample is rejected and the profile cannot be tested in its entirety.
- We may be requested by regulatory authorities (such as Public Health England and UKAS regulatory body) to perform additional tests (such as whole blood stains) or store samples for some period of time or send samples to referral laboratories for additional analysis and/or consultant commentary, in which case, we will follow all legal and regulatory requirements and will release results to you as required. We will not obtain separate consent for this regulatory and confirmatory process.
- In some cases samples may be stored by our laboratory for up to 4 (four) weeks ("Storage Period") after the initial analysis has been carried out. This is required to give you the opportunity to order further tests. Samples will be destroyed once the storage period has expired.
ARTICLE 8. REPORTS
- As soon as your test results are available, they will be sent to the email address you provided, and they will also be available on your Health Dashboard.
- Each test, which is currently available on our website/Walk-In Clinic(s) has a corresponding turnaround time. The turnaround time is generally stated on each test’s page at our website and at digital/printing materials at our Walk-In Clinic(s). These turnaround times are only an estimate of the time it takes for your sample, once received by our laboratory, to be tested and for the test results to be made available to you. The turnaround times are stated in working days. Time shall not be of the essence in the provision of test results. At all times, we do not guarantee that test results will be available within the published turnaround time.
- If you do not receive your results within the stated approximate turnaround time for your test or within 4 (four) working days of sending your sample to us (whichever is longer), you should contact us. If your sample has not been received by us, we will either (at our discretion) send you another testing kit free of charge or issue you with a refund.
- The Services will be deemed to have been provided once your test results have been made available, in their entirety or partially, due to factors outlined in these Terms.
- We shall not be made liable if you have problems accessing your email account to obtain your report nor your Account Dashboard on our website.
- In some cases, we may contact you via the email or phone number you provided regarding your sample and test results.
- You shall not be entitled to a retest or a refund if the reason we are unable to perform a test is due to your failure to comply with these Terms.
- The Report provided is generic in nature. It is prepared solely on the basis of your blood sample and the information which you have provided to us without access to your full medical records. This means that you must not rely on the Report to diagnose or treat suspected or actual medical conditions. You are solely responsible for any actions you take (or do not take) before and after receiving the Report, and timeframe when you take (or do not take) such actions. We strongly recommend that you always consult an appropriate medical professional for advice on your specific symptoms and circumstances, in particular, before adopting any of the general advice offered in the Report or otherwise via the Services.
- All pre-written comments from a doctor in your Report are automatically generated and applied. The comment will be generated according to clear, evidence-based rules which have been established and approved by our Clinical Director, who is a practising GP in the UK. They have not been tailored to you specifically, as we do not have access to your full medical records. Those comments are for general information purposes only. You assume full responsibility for reading, and drawing conclusions from the results and Report obtained from the use of the Services (including the Report and your Account dashboard). You acknowledge that we do not offer follow-up consultations based on the results. You acknowledge that the responsibility to follow up on these results is entirely yours. You acknowledge that we do not have any responsibility what-so-ever to follow up on any normal or abnormal results with you.
- You accept that any incomplete or inaccurate information on your profile may lead to incomplete or inaccurate interpretation in the Report.
ARTICLE 9. CANCELLATIONS AND REFUNDS
- To cancel your order, you have to send us a cancellation request clearly stating your wish to cancel and the reason for it, to the following email address: hello@onedaytests.com. Your cancellation is effective from midnight of the day that the request was sent. Your reason for cancellation will not affect your right to cancel the order. Your legal right to cancel an order starts from the date you receive the acceptance confirmation of Order.
- You have the right to cancel the Services contract in the following scenarios, and subject to the conditions in these Sussex Pathology Terms.
- You may cancel your order for a self-testing kit at any time before a kit has been dispatched to you or picked up by you from one of our stores and receive a full refund. After we receive your cancellation request, the refund will be processed within 10 business days.
- Once your self-testing kit has been dispatched to you or picked up by you in one of our pick-up or drop-off stores, you have the legal right to cancel it for up to 14 days from the date of dispatch by courier or from the date you pick your self-testing kit up in one of our pick-up or drop-off stores. You will have to return your self-testing kit in unused condition and in its original package to the address below at your cost. Sussex Pathology Limited, Coachmans Drive, Crawley, RH11 9AQ, UK. Alternatively, you can return your self-testing kit in unused condition and in its original package to one of our drop-off stores. Provided that the self-testing kit is returned to us in unused and undamaged condition and includes your name, address, and order number,we will refund you the full price for the Product(s) less a £10 administration fee. The refund will be made within 10 working days of us receiving your kit back.
- You can cancel your order if your self-testing kit is faulty or misdescribed, and we will refund the price of the Services in full.
- For appointment bookings in our Walk-In Clinic(s) and home/office visits the following cancellation rights apply:
- If you cancel up to 48 hours before your appointment time, a full refund will be made to you.
- If you cancel within 48 hours of your appointment, we will refund the full price of the product(s), less a £30 administration fee.
- If you cancel within 24 hours, we will refund the full purchase price less a £50 administration fee.
- We will reimburse you using the same means of payment as you used for the initial transaction, unless you expressly agree otherwise.
- This cancellation right does not apply if:
- you have already sent your sample to the laboratory for analysis via courier or dropped it off at our site.
- if your sample is delayed or lost in the post or did not arrive to our Laboratory, however we will provide a free replacement self-testing kit.
- you have already had a sample taken at Walk-In clinic or at home/office.
- you failed to show up for a scheduled phlebotomy appointment at the Walk-In Clinic, at home, or at the office.
- the tests that have already been taken or processed by our Laboratory.
- if you do not supply us with a correctly completed label form and we are unable to process your sample, however we may, on our discretion, send you a free replacement kit.
- 14 days cancellation period has expired.
- if any of your results are unclear, invalid, rejected, or inconclusive. If the laboratory cannot analyse the requested test or blood profile in its entirety, we will either (at our discretion) send you another testing kit free of charge, arrange an appointment for a repeat sample to be obtained, or issue you a refund (at our discretion).
ARTICLE 10. YOUR ACKNOWLEDGMENTS
- You accept full responsibility for outcomes or consequences that may arise from your decision to have a test, take your own sample or any other actions relating to this decision.
- You accept the laboratory policy of providing results for information purposes only. These services are not medical advice and are not intended to be so. They are not a substitute for medical diagnosis and consultation with a clinical professional. The report you receive does not constitute medical advice or treatment specific to you. Information provided to you is not in any way a prescription to act upon your health, medicines you take or lifestyle you lead, or any other aspect of you. It is your responsibility to follow up on any test results or information provided to you with the appropriate doctor or medical professional. Turnaround times of your results are estimates only.
- You acknowledge that the information provided to you via a report or website may not be comprehensive. This includes any conclusions or identifiers that laboratory staff or clinical staff may have obtained but did not act for any reason.
- You proceed with your decision to test on the basis that it may be the case that services will be considered successfully performed if there is sufficient information in the blood test results to produce a report. It may be the case that we see no reason to conduct any further tests which are not deemed to add to existing information. In this case, no further tests will be offered, and you will not be entitled to a refund.
- You understand,acknowledge,and agree to the idea that invariably an inter-laboratory differences exist. Your results will vary over time and over existing test lots or batches. Insignificant variation may be present, showing values inside or outside reference ranges for the laboratory. You understand that these changes indicate insignificant variation of data and are unavoidable.
- You acknowledge and agree that the Services are not actual medical diagnoses and do not substitute for consultation with a doctor or clinical advice and that the information contained in the results does not constitute the advice of a medical professional and that recommendations for medical treatment are not made in any way, and that you will not rely on the data in this way.
- By placing your order, you agree that you are over the age of 18 and that you have provided us with your correct and up-to-date information and that you are legally entering into this binding agreement between us and you for the purposes of identifying and processing your blood sample. We shall accept no responsibility or liability for any damage or loss caused by errors or omissions in any information provided by you in connection with the Services, or any action taken by us in fulfilling our obligations.
ARTICLE 11. OUR LIABILITY
- The Services you purchase from us are for private use only and you agree not to use the Services, including any products, for any commercial purpose. We are not liable to you for any loss of profit, loss of business or revenue, business interruption or loss of business opportunity.
- Subject as follows, our total liability to you resulting from a Contract, tort, misrepresentation or otherwise resulting from an order for Services is limited to the total value of the Services - meaning the price you paid for the Services, including any Products.
- We shall not be in breach of these Terms and are not liable for any costs (including travel), losses, delays, inconveniences, or damage you suffer as a result of :
- the sample you send being lost, delayed, or damaged in transit or via postal service from you to the laboratory;
- the laboratory being unable to test your sample for any reason;
- any injury you may suffer when using finger-prick lancets;
- test results not being made available to you within the turnaround time stated for any Products and Services;
- your sample having to be rerun or re-analysed;
- your failure to follow instructions provided to you in relation to sample collection or pre-sample preparation requirements, such as fasting;
- your failure to act upon our advice if we recommend that you seek medical advice or attention after having taken a test;
- your failure to show out-of-range test results to your GP or doctor;
- your failure to send a sample to the laboratory for testing within the Validity Period outlined in ARTICLE 2;
- your failure to show up for a scheduled appointment at our Walk-In Clinic(s) or home or office visit;
- Events Outside Our Control as described below.
- This is a non-exhaustive list. You have to carefully read these Terms in their entirety for full details of our obligations.
- If we fail to comply with the Terms then, subject to our cap on liability and other limitations below, we are only 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 into the Contract. We are not responsible for any loss or damage that is not foreseeable.
- We do not in any way exclude or limit our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession) as amended by the Consumer Rights Act 2015;
- any breach of the terms implied by section 9 to 11 of the Consumer Rights Act 2015 (description, satisfactory quality, fitness for purpose, and samples); and
- defective products under the Consumer Protection Act of 1987.
ARTICLE 12. Events Outside Our Control
- We will not be liable or responsible for any failure to perform, or delay in performing, any of our obligations under a Contract that is caused by any act or event beyond our reasonable control (an "Event Outside Our Control").
- If an event Outside Our Control takes place that affects the performance of our obligations under a Contract:
- 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.
- You may cancel a Contract affected by an event outside our control which has continued for more than 14 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.
ARTICLE 15. OTHER IMPORTANT TERMS
- The Contract is between you and us. No other person shall have any rights to enforce any of its terms whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise. You may not transfer your rights or your obligations under these Terms without our prior written consent.
- Each of the paragraphs of the Terms operates 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.
- If we do not insist immediately that you do anything you are required to do under these Sussex Pathology Terms, or if we delay in taking steps against you in respect of your breaking the Services contract, that will not mean that you do not have to do those things, and it will not prevent us from taking steps against you at a later date.
- These Sussex Pathology Terms are governed by English law and you or we can bring legal proceedings in respect of the Services in the English courts. If you live in Scotland you or we can bring legal proceedings in respect of the Services in either the Scottish or the English courts. Similarly, if you live in Northern Ireland, you can bring legal proceedings in respect of the Services in either the Northern Irish or English courts.
- In case you have acquired our services via a competition, no monetary value or cash equivalent will be available for any of the services acquired, including retail or any other pricing for our services. This includes any form of sample collection and testing. No refunds will be available.
- Conflicting client contact details will not be actioned unless specifically requested via our customer services and by default the information provided at the time of placing the order/payment will be used.
- Additionally, provided clinical information is reviewed by the laboratory in cases when abnormal results are indicated and is subject to specific SOPs used by the laboratories that are in use for specific tests.