Terms and conditions
CHECK YOUR BLOODS TERMS AND CONDITIONS
1. THESE TERMS
1.1. What do these terms cover?
These are the terms and conditions on which we provide our services to you.
1.2. Why you should read them.
Please read these terms carefully before you use or make a booking for our services. These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
2. INFORMATION ABOUT US
2.1. Who are Check your bloods?
Check Your Bloods, a company registered in England and Wales with company registration number 13341322 and registered address at Artisan’s House, 7 Queensbridge, Northampton, NN4 7BF.
2.2. What services do Check your bloods offer?
2.2.1.
“You” are the customer who has accessed our website and intends to place or has placed an order for our Services and/or Products (as defined below).
Our services comprise laboratory testing services (including blood, saliva, swab and other biological samples) and, where applicable, the taking of samples and as otherwise set out in the “Our Services” section below (“Services”). Our Services may include the provision of self-testing kits and/or other products (“Products”).
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.
Please read these Terms carefully before you submit your order to us. These Terms tell you who we are, how we provide our Services (including Products) to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think there is a mistake in these terms, please contact us to discuss. Our contact details are at the end of these Terms.
These Terms cover the purchase of our Services by an individual consumer. You may only purchase Services, including Products, from us if you are at least 18 years old and reside in a location where our Services can be lawfully used. If you are acquiring our services as a business our ‘Terms & Condition for the Supply of Services – Business’ apply (please ask for a copy). Our liability is limited as set out in the “Our Liability” section below.
If you have sent a sample on behalf of someone else, then you must have permission to agree to these Terms and Conditions on behalf of the other person. You guarantee that the sample provided belongs to that person and you have legal authority to act on that person’s behalf to request the Services.
Test results are for information purposes only. We provide your results and reference ranges only and do not provide any comments on how to interpret your blood results or any other diagnostic advice. Reference ranges are based on our understanding of what are considered normal ranges in the general population as at the time of giving the test results. These may not be relevant to you and may change from time to time. We shall not be responsible for notifying you of any changes.
Tests and test results do have limitations and the result and/or associated report is provided in the context of the test ordered and the biomarker(s) analysed. Test results and/or genetic information alone are unlikely to be enough to understand your overall health or a specific condition you may be wondering about. They are not a clinical diagnosis and are never a substitute for seeing a doctor – particularly if you have any symptoms. They must never be relied on to provide a diagnosis or start treatment without the advice of a doctor or healthcare professional. If you have any concerns at all regarding any aspect of your health or your test results you should discuss them directly with your GP or a doctor.
The results of genetic testing have limitations and their interpretation is the subject of ongoing research. There are many subtleties to the interpretation of genetic information (or genetic data) and this test is not designed to diagnose, prevent or treat any illness or condition without considering the wider context of your clinical and medical history.
Based on the results of your test(s) we may advise that you purchase a follow-up test or that you see your GP or a doctor for further investigation or both, but we shall not be obliged to do so and we shall bear no liability if we do not. If we do so, this shall be the extent of our further advice to you. We do not provide any clinical diagnostic advice. You agree that you are solely responsible for acting on such guidance and that we shall not be liable if you choose not to do so.
2.3. How to contact us.
You can contact us by calling 01604 2352323or by contacting us at info@checkyourbloods.com or by post to Artisan’s House, 7 Queensbridge, Northampton, NN4 7BF.
2.4. How do we contact you?
If we have to contact you, this will be by telephone or by writing to you at an address (electronic or postal) that you have provided to us. Where you have given us permission to do so, we may communicate through an app or using social media or when you are in one of our clinics that you are using for testing.
3. OUR CONTRACT WITH YOU
3.1. How do you make a booking with us?
You can make a booking for our testing services via our website; www.checkyourbloods.com listed on our website. You can also call our customer support number on 01604 235232 (from 0900am – 2100pm)
3.1.1 Online
Where you are ordering our Services online, our website will guide you through the steps you need to take to place an order with us. As part of the order process, you will need to accept these Terms.
Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process. It is your responsibility to ensure that all information you submit to us is complete and accurate. No refunds will be given, and we shall not be liable, if we are unable to properly supply our Services to you because you have provided incomplete or inaccurate information.
Payment must be received in full prior to us processing your online order, including where you book online for an on-site appointment. Once payment is received, we will confirm our acceptance of your order to you by sending you a confirmation email. The contract (“Contract”) between us, including these Terms, will only be formed on the date we send you this acceptance confirmation.
3.2. How do we accept your booking?
3.2.1. We will accept your booking by sending you a confirmation email of the test that have booked either on-line or by calling our customer support number. At this point, there is a contract formed between you and us.
3.3. What happens if we cannot accept your booking?
If we cannot accept your booking, you made on-line, by phone, we will inform of this immediately and you will not be charged for this service. This might be because of unexpected demand on our resources which we had not planned or technical issue within the clinic (software, IT equipment).
3.4. Where do we provide our services in the United Kingdom?
Our testing service and website is solely for the promotion of our testing services within the United Kingdom. For clarity, this encompasses England, Scotland, Wales and Northern Ireland. To use our services, you must be a consumer based in the United Kingdom.
4. OUR TESTING SERVICES
4.1. As part of our Services, we provide a few different ways in which you can purchase a laboratory test.
Our website and in-store materials set out details of the tests that we perform and the Services that we provide in connection with each such test, including any turnaround times. Turnaround times are an estimate of the time it will take for your sample, once received by our laboratory, to be tested and the test results made available to you. Please refer to the “Samples and Test Results” section below for further details.
Please note that where postal services are utilised (either for sending a testing kit to you or for returning a sample to us) we are entirely dependent on our postal services provider (Royal Mail) or courier service in meeting their stated delivery timeframes.
In a small percentage of cases tests need to be re-run or re-analysed which is an unavoidable reality with such a precise and sensitive laboratory test. Please allow for the possibility that in such circumstances it will take a little longer to get your results to you.
You agree that you are entirely responsible for your selection of tests and that it is your decision as to whether the tests you purchase from us are suitable for you and whatever you may need them for. If in any doubt, please speak to a doctor or a qualified medical professional.
Our website also sets out the various ways in which samples can be taken and sent to us, including self-testing kits.
The description of the Services on our website forms part of our contract with you, but if the description of the Services on our website and these Terms are inconsistent (including as regard any turnaround times), then these Terms shall prevail.
You are responsible for ensuring that all information provided to us is complete, accurate and legible.
4.2. Self-testing kits
If you have ordered a self-testing kit (“testing kit”) then, after your payment has been processed and you have received an acceptance confirmation, we will send you a testing kit by the method you have selected. Unless otherwise specifically agreed, we only send testing kits to addresses in the UK and references to shipping times below are to addresses in the UK. In these Terms, a “working day” is any day other than a Saturday, Sunday or public holiday in the UK.
- Free shipping
- We will send you your testing kit by Royal Mail Tracked 24
- If we receive your order prior to 12pm we will despatch your testing kit on the same working day (or the next working day if ordered on a weekend or public holiday)
- If we receive your order after 12pm we will still endeavour to despatch your testing kit on the same working day, but if unable to we will despatch your testing kit on the next working day.
- Courier
- If you are located within London’s M25 and select our courier option, we will courier the testing kit to you. If you order before 1pm, we will courier the testing kit to you on the same day. If you order after 1pm, we will courier the testing kit to you on the following day.
If delivery of a testing kit cannot be completed upon our first attempt to deliver it to the address you have provided, then our delivery provider will issue you with the necessary redelivery or collection options available to you. Unless you are returning your sample using our courier or trained staff member, the testing kit and sample will be your responsibility from the time we deliver the testing kit to you (or you collect it) until it reaches our laboratory for analysis.
If your testing kit arrives damaged or incomplete, please notify us and we will send you a replacement kit at no charge as soon as reasonably practicable after you notify us. We may request you to send back the original damaged or incomplete kit.
The testing kit will contain all necessary items to enable you to take your sample, together with an instruction leaflet and a test request form. Please notify us if you do not receive your testing kit within 3 (three) working days following the order date or, if later, the requested despatch date. We will send you a replacement kit at no charge as soon as reasonably practicable after you notify us.
It is important that you read and follow the instructions in the instructions leaflet carefully and take care when taking any sample. We shall not be responsible for any injury caused by any failure by you to follow the instructions correctly nor for our inability to provide the Services due to any failure by you to follow the instructions or otherwise to comply with these Terms.
The test is valid for 3 (three) months from the date we post or courier the testing kit to you (“Validity Period”). If you do not send a sample to our laboratory within the Validity Period, your test may expire, and you will not be entitled to a refund.
Each sample must be posted or couriered back to our laboratory on the day it is taken otherwise the sample will likely degrade and not be able to be tested. If you have ordered a free Royal Mail delivery or one way courier delivery, there is a postage paid, self-addressed envelope in each box for this purpose. If you have ordered a same day return to lab courier service then, subject as follows, the courier will wait for you to do the test and return it to our laboratory on the same day.
4.3 Same day return to lab courier service
If you have ordered a same day return to lab courier service, then you must be present at the agreed address at the time the courier delivers the testing kit; personally accept delivery from our courier; complete the test immediately upon delivery; and promptly return it to the courier. The courier will then return the sample to our laboratory on the same day. If you fail to meet these requirements, the courier will attempt to leave the testing kit at the address provided and it will be your responsibility to arrange for the return of your sample to the laboratory. No refund shall be given for the return courier service if the courier is unable to return the sample to our laboratory in such circumstances. The courier is not medically trained and will not be able to assist you with the taking of the sample, which shall be your own responsibility. If you would like assistance with the taking of the sample, please see the Home/Office visit section below.
We will use all reasonable endeavours to meet all appointment times, but time shall not be of the essence.
4.4. General services for all tests
Your results will be sent to the email address provided by you as soon as they are available, validated by a doctor from London Medical Laboratory.
As set out above, any delay in our laboratory receiving your sample will result in a delay in test results being available. If you need your test results within a certain timeframe, we recommend selecting one of our services that guarantees the delivery of your sample as quickly as possible within the timeframe required.
The Services will be deemed to have been provided once your test results have been made available. We may contact you by telephone or email regarding your sample and test results.
5.0 Samples and Test Results
Any sample you send to our laboratory for analysis will be analysed only in relation to the test or tests that you have ordered.
As set out above, you must send samples to the laboratory using the pre-paid envelope provided (or a quicker method) on the day the sample was taken. This is to ensure that it arrives at the laboratory as soon as possible. Samples should be posted in time for last collection and please be aware of postal delays due to weekends and bank holidays. If you are concerned that your usual postal service will not result in next day delivery, we recommend that you return your sample using a guaranteed next-day service. This will be at your cost.
Failure to comply with the previous paragraph may lead to deterioration of your sample which could affect the accuracy of your test results. We do not accept responsibility for results that are compromised due to delays in returning samples nor do we accept responsibility if your sample does not get to our laboratory for any reason beyond our control, including the sample being delayed/lost by Royal Mail. If you do not receive your results within 4 (four) working days of sending your sample to us, then please let us know. 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.
In a small percentage of cases tests need to be re-run or re-analysed which is an unavoidable reality with such a precise and sensitive laboratory test. Please allow for the possibility that in such circumstances it will take a little longer to get your results to you.
Occasionally the laboratory is unable to test samples sent to them at all, or in some cases one or several biomarkers (i.e., analytes) may be unable to be tested. For example: 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. For RNA or DNA tests this may be due to genetic degradation or inhibitors being present in the sample resulting in an inconclusive result.
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. Please note that if you have requested a blood test and a small number of biomarkers are unable to be tested, we will try our best to arrange a repeat test for those invalid biomarkers. We are unable to provide a partial refund for invalid or rejected biomarker(s) unless the sample is rejected, and the profile cannot be tested in its entirety.
This shall be the extent of our liability to you if we are unable to perform a test you have ordered. Refunds will be processed within 10 (ten) working days. 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.
Subject to the below, in some cases samples may be stored by our laboratory for up to 4 (four) weeks after the initial analysis has been carried out to give you the opportunity to order further tests or to repeat the analysis at an additional cost (“Storage Period”). Samples will be destroyed once the Storage Period has expired. We may also be requested by regulatory authorities (such as Public Health England) to store samples for longer or even send samples to referral laboratories for additional analysis, for example for the sequencing of Covid-19 genomes. In which case we will follow all legal and regulatory requirements.
Every test on our website has a corresponding turnaround time. Turnaround times are an estimate (stated in working days) of the time it will take for your sample, once received by our laboratory, to be tested and the test results made available to you. Time shall not be of the essence in the provision of test results, and we do not guarantee that test results will be available within a published turnaround time.
6.0. Genetic tests and genetic testing Services
Any sample you send to our laboratory for genetic testing will be result in your genetic information (genetic data) being extracted and analysed, and electronically transmitted. To access the genetic information, you will be required to use our or one of our partner’s websites. You will need to agree to any alternative or additional terms and policies that may apply.
There are many subtleties to the interpretation of genetic information. Genetic information has its limitations, and it is based on interpretation of scientific studies and ongoing research. It provides limited information related to your health and wellness and it cannot be conclusive. Some results may not be clinically significant. There are other factors beyond genetic markers, such as lifestyle and environmental choices or factors, which also affect wellness traits. Genetic technology is constantly evolving, and the Services and/or genetic information interpretation may change without any prior notice.
Genetic tests and the provision of genetic information may not be suitable for everyone. Genetic testing and its results may provide information or knowledge that may cause distress or might be not what you expected. Please take this into consideration before using the Services and/or Products.
Sharing your genetic information with family, friends and other companies should be approached with caution. Some healthcare providers may use it as part of your medical records which could lead to complications or insurance policy changes.
6.1. Allergy testing Services
The allergy testing Service we provide detects the presence of IgE antibodies. The cause of allergic reactions is complex and multifactorial and the presence of IgE antibodies is just one indicator of whether a person may suffer allergic reactions. Tests for allergies are never conclusive. The test result provides a specific range of IgE levels, but it is not a clinical diagnosis and thus cannot be categorical as to whether a person is going to experience an allergic reaction.
Please be aware that in the case of food allergies, there are many individual components within a food that may cause an allergic response. The food extract or molecular component tested within the Product may not contain the chemical causing the allergy or the component may be in a different form.
7.0. Self-testing kits
7.1 Cancelling your test.
Where you have ordered Services including the delivery of a testing kit by post or by courier, you may cancel your order at any time before the testing kit has been dispatched to you.
Once your testing kit has been despatched (which forms part of our Services), you have up to 14 days to cancel the order.
You must return the testing kit if we have sent one to you to the address below at your cost:
London Medical Laboratory
2 Pensbury Street
London
SW8 4TJ
Provided that the testing kit being returned is complete (including return postage envelope), unused, undamaged and includes your name, address and order number, then you will receive:
- a full refund if you cancelled your order prior to the testing kit being despatched; or
- a full refund less a £10 administration fee if you cancelled your order within 14 days of despatch.
If the returned kit is incomplete, used or damaged in any way, you may incur an additional cancellation charge to cover the cost of the kit. This charge will be deducted from the total amount refunded to you. If you have ordered Services including the delivery of a testing kit by courier, then once your testing kit has been dispatched you shall not be entitled to a refund in respect of the cost of the courier.
This cancellation right does not apply if:
- you have already sent your sample to the laboratory for analysis; or
- the 14-day cancellation period has expired.
Your legal right to cancel an order starts from the date you receive the acceptance confirmation (the date on which we email you to confirm our acceptance of your order). Your 14-day deadline for cancelling the order in relation to any testing kit that has been dispatched starts from when you receive the confirmation email that the testing kit has been dispatched or from the day which you requested the dispatch.
If you cancel your order within the cancellation period and you are entitled to a refund, we will refund you the price you paid for the Services less any deductions referred to above:
- within 10 working days of receiving a cancellation request if your request is received in relation to testing kits that have not yet been dispatched to you; or
- within 10 working days of receiving the returned testing kit(s)[ that have already been dispatched to you.
If you have returned the testing kit to us within the cancellation period because they are faulty or misdescribed, we will refund the price of the Services in full.
We can only refund you on the credit card or debit card used by you to pay.
7.2. How to tell us that you want to cancel your test.
To tell us that you want to cancel your test, and require a voucher, please let us know by completing the form on our web page at https:/info@checkyourbloods.com or by doing so through your account on our website.
7.3. Rejected, invalid, unclear or inconclusive results.
We cannot provide a refund or partial refund if your sample is rejected by the laboratory, or if any of your results are unclear, invalid, rejected or inconclusive. In these cases, we will provide a free of charge replacement test, at our discretion.
Please see section 4 above for further details on rejected or invalid biomarkers. We cannot provide a refund if your sample is delayed or lost in the post, does not reach our laboratory or if you do not supply us with a correctly completed test request form and we are unable to process your sample.
We cannot refund tests that have already been taken or processed.
8.0. CONSENT
By booking and paying with us for a test on-line at www.checkyourbloods.com , you have given us your consent to:
8.1. Proceed with taking your sample to be analysed by our contracted CQC approved Government approved Laboratory.
8.2. Allow Check your bloods to share relevant personal data such as name, date of birth, with relevant third parties that are or may be involved in the provision of our service.
8.3. Allow Check your bloods to share any relevant personal data with national and local health and government authorities which require this information.
8.4. You are agreeing and understanding that any third party’s data will be held and shared in accordance with these Terms and Conditions
9.0. OUR LIABILITY
- References to liability in our Terms and Conditions include any kind of liability arising under or in connection with these Terms and Conditions including liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
- Nothing in our Terms and Conditions shall limit or exclude the liability of any party or another person for:
- death or personal injury caused by negligence.
- for fraud or fraudulent misrepresentation
- for breach of any statutory duty; or
- for any act, omission or matter, liability of which may not be limited or excluded under any applicable law.
- To the extent permitted by law, and all third parties connected to us hereby expressly exclude:
- the laboratory being unable to test your sample for any reason,
- the test results not being made available to you within the stated turnaround time, where a delay is caused due to any events outside of our reasonable control,
- your act, omission, or other failure to follow instructions provided to you in relation to sample collection or pre-sample preparation requirements,
- your failure to act upon our advice if we recommend that you seek medical advice or attention having taken a test,
- your failure to attend a pre-booked appointment; or
- any loss or damage that is not foreseeable.
- all conditions, warranties and other terms which might otherwise be implied by statute, common law, or the law of equity.
- any liability for any direct, indirect, or consequential loss or damage, costs or expenses whatsoever incurred in the following circumstances.
- liability for events outside of our control: This includes but is not limited to failure to perform, or delay in performance of, any of our obligations under these Terms and Conditions that is caused by any act or event beyond our reasonable control.
- If an event outside of our reasonable control takes place that affects the performance of our obligations under these Terms and Conditions, we will contact you as soon as reasonably possible to notify you of it.
- Our obligations under these Terms and Conditions will be suspended and the time for performance of our obligations will be extended for the duration of the event outside of our reasonable control taking place.
- Our total aggregate liability to you resulting from or arising in connection with any of our Terms and Conditions is limited to the total value paid under the Terms and Conditions entered by the parties – meaning the price you paid for our testing services – in respect of the testing services supplied to you by Check your Bloods Limited.
10.0. PRICE AND PAYMENT
10.1. Where to find our prices for the services we provide
10.1.1 The price of our services is set out on our Check your bloods website, https://www.checkyourbloods.com under the “Book a Test” menu option.
10.2. How you must pay
10.2.1 We accept payment by credit or debit card.
10.2.2 Check your bloods uses Stripe (www.stripe.com) as a payment processor.
10.2.3 Their terms and conditions can be found at https://stripe.com/gb/checkout/legal.
10.2.4 Your payment details will only be transferred to and processed by Stripe on their secure system in order to process your payment for our services.
10.2.5 We may change our payment processes and if we do so will notify you during the payment process.
10.2.6 You must make full payment once you have booked your test.
11.0. Discount vouchers or coupons.
11.1 You may use discount vouchers or coupons recognised and issued by us to apply a discount to the price payable for the services or in order to pay for the services in whole or in part (subject always to the terms of the vouchers/coupons).
11.2 You must enter the code from the voucher or coupon at the time of booking to redeem the voucher or coupon.
11.3 Any such vouchers or coupons are for your own personal use only and may not be transferred to any other person. We reserve the right to refuse the use of any vouchers or coupons at any time.
12.0. What happens if we get the price wrong.
12.1. It is always possible that, despite our best efforts, some of the services we sell may be incorrectly priced.
12.2. We will normally check prices before accepting your booking so that, where the correct price of the services at your booking date is less than our stated price at your booking date, we will charge the lower amount.
12.3. If the correct price of the services at your booking date is higher than the price stated to you, we will contact you for your instructions before we accept your booking.
13.0. YOUR RIGHTS TO END THE CONTRACT
13.1. Ending the contract because of something we have done or are going to do.
13.1.1. If you are ending a contract for a reason set out at clause 11.1.1. to clause 11.1.3. below the contract will end immediately and we will refund you in full for any services which have not been provided.
- The reasons are:
13.1.2.1. We have told you about an error in the price or description of the services you have booked, and you do not wish to proceed.
13.1.2.2. There is a risk that supply of the services may be significantly delayed because of events outside our control; or
13.1.2.3. You have a legal right to end the contract because of something we have done wrong.
14.0. When you don’t have the right to change your mind.
14.1. You can change your mind before the testing your booked with us, provided that this is within 14 days of the booking.
14.2. You may not request a refund after the booked service has started or after the time that you requested the service has expired (even if you did not attend) unless the service is postponed with our agreement or because of our failure to be able to provide the service to you.
15.0. Ending the contract where we are not at fault and there is no right to change your mind.
15.1. Even if we are not at fault and you do not have a right to change your mind, you can still end the contract before it is completed, but you may have to pay us compensation.
15.2. A contract for testing services is completed when we have finished providing the testing services and you have paid for them.
15.3. If you want to end a contract before it is completed where we are not at fault, just contact us to let us know.
15.4. The contract will end immediately, and we will (subject to these terms and conditions) refund any sums paid by you for services not provided (provided that this request is made within 14 days of you requested the service) but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
16.0. How to end the contract with us (including if you have changed your mind)
16.1. Tell us you want to end the contract.
To end the contract with us, please let us know by doing one of the following:
- 17.1.1. Phone or email. Call us on 01604 235232 or email us at info@checkyourbloods.com
- Please provide your name, home address, details of the booking and, where available, your phone number and email address.
- 1.2. By post. Write to us at Artisans House, 7 Queensbridge, Northampton, NN4 7BF including details of what testing services you booked and your name and address.
17.0. How we will refund you.
17.1. We will refund you the price you paid for the testing services by the method you used for payment. However, we may make deductions from the price, as described below.
17.2. When your refund will be made.
17.2.1. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind, then your refund will be made within 14 days of your telling us you have changed your mind.
18.0. Notice of termination.
18.1. Notice will be effective only at the time that we receive it.
19.0. OUR RIGHTS TO END THE CONTRACT
19.1. We may end the contract if you break it.
19.1.1. In addition to any other rights of termination we may have, we may end the contract at any time by writing to you if:
19.1.2. You do not make any payment to us when it is due, and you still do not make payment within 14 days of us reminding you that payment is due.
19.1.3. You do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the testing services.
19.1.4. Your behaviour towards our staff in the customer support team in an inappropriate, abusive, violent, offensive, threatening or discriminatory manner or which is otherwise upsetting to any of them.
20.2 You must compensate us if you break the contract.
20.2.1 If we end the contract in the situations set out in clauses 21.1, we will refund any money you have paid in advance for testing services we have not provided but we may deduct or charge you reasonable compensation for the costs we will incur because of you breaking the contract.
21.0. IF THERE IS A PROBLEM WITH OUR SERVICES
- How to tell us about problems.
21.1.1 If you have any questions or complaints about the services, please contact us. You call us on 01604 23523 or email us at info@checkyourbloods.com
- Please provide your name, home address, details of the booking and, where available, your phone number and email address.
- By post. Write to us at Artisans House, 7 Queensbridge, including details of what testing services you booked and your name and address.
21.1.2 If you wish to make a complaint of a medical nature, please go to the complaints page of our website or mobile application and your complaint will be dealt with according to our complaint’s procedure.
21.1.3 Please contact us for a copy of our complaints policy if needed.
22.0. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
22.1 We are responsible to you for foreseeable loss and damage caused by us.
22.1.1. We are responsible to you for foreseeable loss and damage caused by us.
22.1.1. Unless the law requires otherwise, we will not be liable to you for any amount higher than the amount that you (or if you are under 18 your guardian) actually paid us for the services giving rise to the liability.
22.1.2. If we fail to comply with these terms, we are responsible only for foreseeable loss or damage that you suffer because of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any other loss or damage.
22.1.3. Loss or damage is foreseeable only if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew that it might happen.
22.1.4. We will not be liable for any loss or damage caused by you not following the instructions for using our services or breaching any agreement you have with us.
22.2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
22.2.1. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; or for breach of your legal rights in relation to the services.
22.4.2. We are not liable for business losses.
22.4.2.1. We only supply the services for domestic and private use.
22.4.2.2 If you use the services for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
22.3. Third parties
22.3.1.1. We will not be liable for any loss or damage suffered by you, any third party or any property arising out of or in connection with the acts or omissions of any third party, including in circumstances where you were referred to such third party by us or where such third party was recommended to you by us.
22.4. As is:
22.4.1 Our mobile application, including the computer and medical equipment contained therein, are provided “as is”, “where is” and “as available”.
22.4.2 You acknowledge that we have not and do not warrant or guarantee the performance of our mobile application or our clinical stations (including the connection to the internet and public telecommunications network) or any aspect or portion thereof.
22.4.3 Neither do we guarantee that our mobile application or the connection at the clinical stations will be uninterrupted or error free or that certain results may be obtained by anyone in connection with their use.
22.4.4 It is your responsibility to ensure that any equipment you use is reasonably clean. Unless otherwise required by law, we do not accept any other terms or rules (direct or indirect) that are outside of these terms.
22.4.5 Except as expressly and specifically provided in these terms all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from these terms
23.0. HOW WE MAY USE YOUR PERSONAL INFORMATION
23.1. How we will use your personal information.
23.1.1. We will use the personal information you provide to us:
- 1.1.1 to provide the services to you; and
- 1.1.2 to process your payment for the services.
23.1.2. We may also with your agreement use certain of the personal information you provide to us to market to you.
23.1.3. By using our testing services, you agree that we may use your data relating to you on an anonymous aggregated basis.
23.1.4. Where you provide us with special types of personal information, including information relating to your health, we will only process such information in so far as it is necessary in order to provide you with our testing services or to comply with the law.
23.1.5. We will not process this information for any other purpose, including providing it to your personal GP, without your express consent.
23.1.6. We will only give your personal information to third parties if it is necessary to complete the testing service you have booked with us, with your consent or where the law either requires or allows us to do so.
23.1.7. We will only retain your personal information for as long as is necessary to provide the testing services to you or in line with standard NHS retention schedules.
23.1.8. For more information on how we may process your personal data, please refer to our privacy and data protection policy.
23.1.9. Please note, the privacy policy supersedes these terms and conditions if there is conflict.
24.0. OTHER IMPORTANT TERMS
24.1. We may transfer this agreement to someone else.
24.1.1. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
24.2. This agreement is between the individual or person paying for our services and Check your bloods. No other individual or person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise
24.3. 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.
24.4. You accept that communication with us will be both electronic and on paper. You agree to this means of communication and you acknowledge that all, notices, information, and other communications that we provide to you electronically or hard copy comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
24.5. If we fail to insist that you perform any of your obligations under the Terms & Conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
24.7. Force majeure:
24.7.1. We shall have no liability to you under these terms and conditions if we are prevented from or delayed in performing obligations under these terms by events beyond our reasonable control.
24.8. Update:
24.8.1. We may update or change our terms from time to time.
24.8.2. The terms that will apply are those in force at the time that services are provided to you.
24.8.3. It is your responsibility to check that the terms in place at the time that testing services are provided to you are acceptable to you.
24.9. You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee).
24.9.1 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
24.10. Nobody else has any rights under this contract.
24.10.1. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person to end the contract or make any changes to these terms.
24.11. Entire agreement:
24.11.1. These terms constitute the whole agreement between you and us in relation to services we agree to provide you and supersedes any previous agreement between you and us.
24.11.2. You acknowledge and agree that in entering these terms you do not rely on any promise, representation or understanding which is not expressly set out in these terms.
24.12. Even if we delay in enforcing this contract, we can still enforce it later.
24.12.1 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.
25.GOVERNING LAW
25.1 This Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.
25.2. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.
Contact Us
Phone: 01604 235232
Email: info@checkyourbloods.com
Address: Artisan’s House, 7 Queensbridge, Northampton, NN4 7BF