TERMS AND CONDITIONS FOR THE PROVISION OF COVID-19 PCR TEST
The following definitions and rules of interpretation apply in these Conditions.
|Business Day:||a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business;|
|Charges:||the charges payable by the Customer for the supply of the Services in accordance with clause 5;|
|Commencement Date:||The date from which your Order for the Services is accepted by us in accordance with clause 3;|
|Conditions:||these terms and conditions as amended from time to time in accordance with clause 2.6;|
|Contract:||this contract between LivingCare and the Customer for the provision of Services in accordance with the Order and these Conditions;|
|COVID-19 PCR Testing Services:||the services, including the provision of the COVID-19 PCR test and test results, request forms and transportation bags supplied by LivingCare to the Customer as set out in these Conditions;|
|COVID-19 Antigen Testing Services:||the services, including the provision of the COVID-19 antigen test and test results, request forms and transportation bags supplied by LivingCare to the Customer as set out in these Conditions;|
|LivingCare (we, our, us):||Living Care Group Limited incorporated and registered in England and Wales with company number 07192363, whose registered office is at 4215 Park Approach, Leeds, England, LS15 8GB;|
|Order:||the Customer’s order for Services as set out in the Customer’s purchase confirmation order received by email from LivingCare;|
|Services||The supply of the COVID -19 PCR/Antigen test and test results to you from LivingCare;|
2.1 These are the terms and conditions on which we will supply the Services to you. You should read these terms carefully before completing the Order form and make any payment These terms tell you how we will provide the Services to you.
2.2 You can contact us by telephoning 01135394643 or by writing to us at [email protected] or Living Care Group Limited, 4215 Park Approach, Leeds, England, LS15 8GB.
2.3 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 in the Order form.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
2.5 These terms set out the full details and constitute the entirety of your agreement with LivingCare for the Services. Upon payment to us for the Services or the commencement of the supply of the Services (whichever happens sooner) you will be deemed to have accepted these terms. If you do not agree to these Conditions you should not request or use the Services.
2.6 You understand that we may change these Conditions at any time without providing you with prior or express notice of any such change. Prior to making an Order you should check these Conditions from time to time for any changes. By continuing to use the Services you agree to any and all changes made to these Conditions which are in force at the time you make your Order.
3 supply of services
3.1 You understand that the Services shall be performed by us or by any of our subcontractors as set out in these Conditions. You agree that Jet2.com or Jet2holidays are not and cannot be held responsible for any of our actions or omissions in the performance of the Services under these Conditions.
3.2 We shall use all reasonable endeavours to meet any performance dates specified in the written acceptance of the Offer, but any such dates shall be estimates only and time shall not be of the essence for the performance of the Services.
3.3 The Order form submitted by you through our website constitutes a request by you to purchase the Services in accordance with these Conditions.
3.4 Your Order shall only be deemed to be accepted when we issue a written acceptance of the Order at which point and on which date these Conditions between us shall come into existence (Commencement Date).
3.5 These Conditions apply to us to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.
3.6 We are not responsible for delays and defaults due to events outside our control. However, we shall use all reasonable endeavours to inform you as soon as possible of any delays in the provision of the Services and will take appropriate steps as soon as possible to minimise the effect of the delay or default.
3.7 We agree to:
3.7.1 provide the Services to you in accordance with the terms of these Conditions from the Commencement Date;
3.7.2 provide the Services using reasonable care and skill;
3.7.3 inform you of any suspension of the performance of the Services due to (a) technical problems or minor technical changes or (b) the updating of the Services to reflect changes in relevant laws and regulatory requirements;
3.7.4 notify you immediately and no later than 24 hours prior to your booking if it is cancelled or postponed. In such event, we agree at your reasonable request to either reschedule your booking on an alternative date at no additional cost to you, or refund the cost of the Services paid in advance by you; and
3.7.5 subject to clauses 4.1.4 and 4.1.5, provide you a full refund for the charges paid to LivingCare in advance for the Services in the event that you do not receive your test results in time for your flight, and within 28 days of us becoming aware of it.
4 customer obligations
4.1 You agree:
4.1.1 that the Services are required for private and individual use only;
4.1.2 to ensure that the terms of the Order and any information you provide in the Order form are complete and accurate;
4.1.3 test samples will be collected through a self swab which you will be required to administer in accordance with our instructions and that your sample will be stored and tested in line with our human tissue policy.
4.1.4 to provide us with such information and materials as we may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects;
4.1.5 that if you give us incomplete or incorrect information and fail to give us the requested information within a reasonable time of us asking for it, we may not be able to provide the Services within the agreed timescales and may at our own discretion terminate the Order, in which events we will not be responsible for any default or delay in providing the Services;
4.1.6 that we shall not be liable for any costs or losses sustained or incurred by you arising directly or indirectly from your failure or delay to perform any of your obligations as set out in this clause 4;
4.1.7 that the purpose of the COVID-19 test is to determine whether the presence of COVID-19 novel coronavirus can be detected in the sample collected from you at the time of testing. No other test results or information are expected to be determined or supplied. It is not intended to provide proof of immunity to COVID-19 or to any other infectious disease, nor a certification of fitness to travel;
4.1.8 that your test results will be provided to you via the contact details you have provided to us and that we will not be able to provide you with the test results of another person.
4.1.9 that while an estimated timeframe for receiving the Service results is provided, unknown factors, including high demand for COVID-19 testing, could result in delays in the delivery of results. The time between when you complete the test and when your results become available may be unpredictable. LivingCare will provide an estimated time of result availability, but makes no guarantee that the results will be provided at that time. LivingCare will let you know about any delays in sample results; and
4.1.10 that the COVID-19 test is not 100% accurate, cannot be used to rule out an infection, and a negative test does not preclude the presence of COVID-19. In addition, additional testing may be required depending on the results of the test, including if a result is inconclusive.
4.1.11 Your COVID-19 sample may be transported to external laboratories for testing. This will be a lab partner chosen by The LivingCare Group and will comply with UKAS standards and will abide by the standards set out in the Human Tissues Act
4.2 You also agree not to use or request the Services:
4.2.1 for or on behalf of any individual under the age of 7;
4.2.2 for any unlawful purposes;
4.2.3 to prescribe treatments to others; and
4.2.4 to create or update your own or someone else’s databases or records, or for any other commercial purposes.
5 charges and payment
5.1 The price for the Services is the price indicated on our website. The price as indicated does not include any discounts or offers but does include VAT.
5.2 We will take all reasonable care to ensure at all times that the price of the Services as indicated on our webpage is correct. However, in the event that the price for the Services as confirmed by us after your Order is higher than the price as indicated on our webpage, please contact us in writing.
5.3 As Customer you have a right to a 14-day period from the time of your Order during which you are entitled to cancel your Order and receive a full refund of the charges paid in respect of Services not received. Where the delivery of the Services has commenced within the 14-day period, you acknowledge and agree that you will not be able to benefit from the full 14-day period and that any refund will be less the cost of the Services performed by us up to the date notice is received of your cancellation. Any refund payment due to you will be processed in accordance with our cancellation policy set out at clause 6.
6 Cancellation Policy
Our goal is to provide quality healthcare to all our patients in a timely manner. No-shows, late arrivals, and cancellations inconvenience not only our providers, but our other patients as well. Please be aware of our policy regarding missed appointments.
6.1 Appointment Cancellation
When you book your appointment, you are holding a space on our calendar that is no longer available to our other patients. In order to be respectful of your fellow patients, please cancel your appointment as soon as you know you will not be able to make your appointment.
If cancellation is necessary, we require that you cancel at least 48 hours in advance. Appointments are in high demand, and your advanced notice will allow another patient access to that appointment time.
6.2 How to Cancel Your Appointment
If you need to cancel your appointment, please go online to https://book.livingcare.co.uk and visit the “Bookings” page under the “My Account” section.
In order to view your bookings you will need to login with the email address and password you used/created at the time the booking was created. If you do not know your password you can reset your password using the “Lost you password” link on the login page.
If you are still unable to access your account you may email [email protected] with details of your booking and/or account information and they will be able to assist you in accessing your account to cancel your appointment. Please do not share passwords and/or payment information with anybody. We will never ask you for this information. In the event you are unable to access your account but wish to cancel your appointment the 48 hours will be taken from the time your initial email is received by our email servers as we recognise that in some cases we may not be able to help you restore access to your account before the 48hour period approaches.
Refunds are manually processed within 72 hours of your online cancellation. For online orders you will receive an email notification once the refund has been processed. Refunded payments are returned back to the original payment method within 7 Business Days of the refund being processed.
Please note, for the products providing Day 2/Day 2/8 testing, we limit the right to refund up until the point of your order being despatched. Once your order has been despatched we are unable to provide a refund for these tests.
For Antigen/Lateral flow testing, please note that the same above policy applies; “Once your order has been despatched we are unable to provide a refund for these tests.”
6.4 Late Cancellations/No-Shows
A cancellation is considered late when the appointment is cancelled less than 48 hours before the appointed time. A no-show is when a patient misses an appointment without cancelling. In either case, we will charge the patient a missed appointment fee of 100% of their original booking cost.
7 limitations of liability
7.1 Nothing in this Contract limits any liability which cannot legally be limited, including liability for:
7.1.1 death or personal injury caused by negligence; and
7.1.2 fraud or fraudulent misrepresentation.
7.2 Our total liability to you for the direct loss or damage arising from our failure to comply with this Contract and any Order shall not exceed the charges you have paid for the provision of the Services. Subject to clause 7.1, you agree that all indirect or consequential losses (specifically any costs of plane tickets or accommodation) shall be strictly excluded and that this is the basis on which the Services have been priced and offered to you.
7.3 Subject to clause 4 and the limit set out in clause 7.2, we shall remain responsible to you for the direct loss or damage caused by us that is a result of our breaking this Contract or our failure to use reasonable care and skill in the performance of the Services.
8.1 We may end the Contract and cease the provision of the Services at any time by writing to you:
8.1.1 if you breach any of the terms of this Contract, including if you fail to pay in advance for the Services; or
8.1.2 if you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Services; or
8.1.3 without cause by giving one month prior written notice to you, provided that any appointments for Services booked ahead of such notice will be fulfilled by us.
8.2 In the event of termination under clauses 8.1.1 and 8.1.2, we will not refund any monies paid in advance for the Services.
8.3 In the event that we withdraw from providing the Services, we will contact you at least 14 days in advance and will refund any monies you have paid in advance for the Services that have not been provided yet.
8.4 In the event of any termination of this Contract, you agree to immediately return to us any materials which we have provided you for the purposes of the Services.
9 Discontinuation of Services
9.1 We will continue to monitor closely the development of the COVID-19 situation in the United Kingdom and abroad.
9.2 In the event that the Services are no longer legally required for travel purposes or for the “test to release” scheme and/or there is no longer significant need for the Services (in the reasonable opinion of LivingCare) from customers, we will provide you with not less than 4 weeks prior notice of our intention to discontinue offering the Services via the contact details which you have provided us.
9.3 We reserve the right to discontinue the Services on the expiry of the notice and to refuse to accept any new Orders received from the date of service of the notice described at clause 9.2.
9.4 If you have Ordered Services but haven’t yet sent your samples back for testing by the time of our notification to you under clause 9.2 you will still be able to send us the samples that require testing during the notice period prior to the discontinuation of the services. If you do not send us the samples within the timeframes specified in the notification to you, you agree that we will not be required to perform the Services you ordered and that we will refund you for the price paid for the Services (excluding a £20 fee for the services provided until any such point that the service ceases). Refunds made pursuant to this clause 9.4 shall be processed under the terms of clause 6.3.
9.5 We reserve the right at any time to notify you via our website of our intention to discontinue the performance of the Services and to refuse new Orders in accordance with clause 9.2.
10.1 If you are unhappy with any Services you have received, you should contact [email protected]
11 OTHER IMPORTANT TERMS
11.1 We may transfer this Contract to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this.
11.2 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.
11.3 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.
11.4 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 paragraphs will remain in full force and effect.
11.5 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. For example, if you miss a payment and we do not chase you but we continue to provide the Services, we can still require you to make the payment at a later date.
11.6 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 products in the English courts.
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Your legal rights
Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it
Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:
(a) if you want us to establish the data’s accuracy;
(b) where our use of the data is unlawful but you do not want us to erase it;
(c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or
(d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.