Terms and Conditions

COVID-19 (Coronavirus)

PCR (Polymerase Chain Reaction) & Antigen Lateral Flow Testing

Terms & Conditions

1.0 Who are 123 Clinics?

123 Clinics (Collectively referred to as “123 Clinics”, “we”, “us” or “our” in the privacy notice) is a privately owned entity based in the United Kingdom at Suite 2A, Blackthorn House, St Pauls Square, Birmingham, B3 1RL to provide consumers with a range of COVID-19 testing which includes the PCR test. 365 Rapid Clinic specialise in selling COVID-19 tests to customers across the UK through our partner laboratory (Circular 1 Health, Warwick Mill Business Village, Warwick Bridge, Carlisle, Cumbria, CA4 8RR) from whom we purchase the tests and where the tests are processed.

2.0 TESTING

2.1 Upon purchase, you agree to and accept these Terms and Conditions (“T&Cs”). These Terms and Conditions will prevail over any other terms and conditions provided to you in relation to the test.  

2.2 The full test process comprises of a nasal and throat swab to obtain a sample which is then sent to our labs for analysis in the case of a PCR test. The client is responsible for following the instructions provided with the kit and collecting an adequate sample. If, for any reason, you are not able to provide an adequate sample as per the procedure we cannot guarantee that the sample provided will be suitable for analysis and a valid result forthcoming. The PCR sample is labelled anonymously to protect your identity when sent securely to our partner laboratories for analysis.

2.3 The process and equipment we use carry CE-IVD approval for use in the UK and EU. The purpose of the test is to pick up the presence of the actual virus in the nose and throat for PCR test.

2.3.1 Some of our customers may be requesting our services as a way of satisfying the requirements of various countries for negative Covid-19 test results prior to travelling to their territories. Due to the constantly changing rules and regulations, individuals are responsible to assess the suitability of this test against the test requirements for their airline/destination country.

2.3.3 123 Clinics is unable to provide any advice or guidance with regards to the acceptance criteria for airlines/countries and accepts no liability for this.

2.4 A positive result confirms that the Covid-19 virus is present. A negative result means there was no evidence of the COVID-19 virus. We will make every reasonable endeavour to analyse your sample and to provide you with a results report.

On rare occasions, anomalies can occur during laboratory analysis, for example, issues with sample collection or processing errors. We will endeavour to identify and correct any such issue. Additional samples may be required if remaining sample is insufficient for repeat analysis. As a consequence results/reports may be delayed. 123 Clinics will not be held accountable or liable for delays.

2.5 Our Fit to fly certificate demonstrates the results of the PCR test and should not be confused with any other requirement for travel. Our certificate does not substitute for a medical Fit to fly certificate issued by a GMC registered doctor to assess an individuals health to travel. This can be a requirement for travel to some destinations and for some airlines The certificate issued is not done so after a full medical investigation but our results are what is considered normal within the general population.

2.6 In order to book a test, you must register and book online at https://www.123clinics.co.uk. The kit maybe purchased at a number of locations for purposes of self testing. The test does not become valid without a valid sample and registration of the kit on our website www.123clinics.co.uk

2.6.1  Our partner sites, laboratories, test centres, distributors or retailers may wish to register your information and where applicable, check that you have all the required documentation (photo ID, booking confirmation and QR code).

2.6.2 If you are flying, you are responsible for ensuring that you book a suitable time slot which gives you enough time to complete the test process before you are required to check in for your flight.

2.6.3 You are responsible for ensuring the accuracy and completeness of the information requested in performing the tests.

2.6.3 We aim to deliver your test results as follows:

2.6.3.1 PCR  test – aim to have results by 11pm the day after your test via  email. We cannot accept any liability for flight costs or remunerate expenses if the PCR test result is negative, positive or unclear. 123 Clinics do not accept any liability for any costs a client may incur if the results do not arrive by 11pm the day after the test. We can take up to 48 hrs from the time at which the samples arrive at our partner laboratory. 123 Clinics does not accept any liability for test kits lost in transit or a failure by the transit courier to deliver the sample adequately, timely or in a test worthy state to the laboratory.

2.6.3.2 After receipt of your sample we will make every reasonable effort to provide your results within a reasonable timeframe following our laboratory receiving your sample. Delivery dates for test results are approximate only and 123 Clinics will not be held liable for any delay.

You acknowledge that you will receive your results to the email address provided by you when booking your test. It is your responsibility to ensure that 123 Clinics has the correct information pertaining to your email address.

2.7 If you do not carry out any of the actions under 2.6 above, 123 Clinics will not be able to provide the services to you and will not be liable for any loss or damages you may suffer as a consequence.

2.8 We or our partner laboratory are legally required to share certain information with Public Health England, or other governmental organisations, in relation to your test, including: personal information (e.g. name and date of birth); the result, whether negative or positive; and confirmation that the sample is one that the laboratory has tested for us. This information may be used as part of any test and trace service being operated by the government in your jurisdiction. Please find a link to our privacy notice https://123clinics.co.uk/privacy-policy/ By proceeding to book a testing appointment you accept the terms of this privacy notice.

2.9.0 The process of taking a sample can be mildly invasive, so if you are unsure, take advice from your GP (e.g., if you are prone to nose bleeds, throat issues).

2.9.1 All our instructions to take the sample, and the procedures described above conform with a standard process. If you require additional assistance for any reason, please call or email our Customer service team.

2.10  You should not attend our partner sites, test centres, distributors or retailers  in the following circumstances:

2.10.1 If you have had a positive antigen (swab) test for COVID-19 or developed any of the symptoms of COVID-19 within 10 days prior to your appointment. These symptoms can include: a fever (temperature over 37.8°C); loss of sense of taste or smell; new flu-like symptoms (runny or blocked nose; sore throat; shortness of breath; muscle aches and pains; headaches; overwhelming tiredness); or a new, continuous cough.

2.10.2 If travel to one of our testing sites is prohibited by the guidance of your local health authorities due to lockdown or other restrictions which may change from time to time.

2.10.3 If you have returned from a country in the 10 days prior to your appointment which requires a quarantine period under UK government guidelines, unless you can do so under Government guidelines, such as the Government approved Test to Release programme. These Government guidelines may change from time to time.

2.10.4 If you have had contact with a confirmed positive case of COVID-19 in the 14 days prior to the appointment as confirmed by the government’s test and trace service, or other public health authority.

2.10.5 If your household members or other people you have been in contact with have had a positive antigen (swab) test or developed the symptoms above in the 14 days prior to the appointment.

2.10.6 If any of the above apply to you, please wait the appropriate time period (which can be found on the government website), and we will be happy to book your appointment.

2.11 Test Detail

2.11.1 The test procedure, precautions, and interpretation of results for these tests is followed strictly when testing.

2.11.2 Failure to follow test procedures may impact on the interpretation of the outcome of the test results.

2.11.3 Negative test results do not rule out possible other non-COVID-19 viral infections.

2.11.4 Positive test results do not rule out co-infections with other pathogens.

PCR Tests

2.11.5 A PCR test is used in COVID-19 testing and is the test used by the NHS.

2.11.6 It offers the most accurate results as it can detect even the smallest amount of virus. This means that a negative PCR test result provides the most reliable indication you can safely continue to work and travel.

2.11.7 A negative test result may occur if the level of viral RNA in a sample is below the detection limit of the test.

2.11.8 There is a low risk of the test result being indeterminate. In this event, you will be contacted directly by 123 Clinics, or our partner laboratory, to arrange a retest.

2.11.9 With regards to the PCR tests required by Government for any UK arrivals testing, if your day 2 PCR test is positive, your sample will be subject to genome sequencing which may be carried out by a third party to check for variants of COVID-19, to comply with the Government Regulations.

By accepting these Terms & Conditions you agree to follow the guidance provided by us and our partners. We accept no liability for any loss or damage caused by non-compliance with this guidance.

3.0 CONSENT

By purchasing a self test kit, you give us your consent to:

3.1. Proceed with the testing process at our partner laboratories.

3.2 Allow 123 Clinics to share any relevant personal data such as your name, date of birth, and passport number, among others, with the relevant third parties that may be involved in the provision of our service.

3.3 Allow 123 Clinics to share any relevant personal data with local and national health authorities which require this information.

4.0 OUR LIABILITY

  • References to liability in these 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 these 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, 123 Clinics and other members of our group of companies and all third parties connected to us hereby expressly exclude:
    • 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.
      • 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,
      • you miss your flight as a result of a delay caused by you or an inconclusive test result, whether following a successfully completed test or otherwise,
      • 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.
    • 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 these Terms and Conditions is limited to the total value paid under the particular Terms and Conditions entered by the parties – meaning the price you paid for our services – in respect of the services supplied to you by 123 Clinics directly.

5.0 REFUNDS CANCELLATIONS AND CHANGES  

5.1 No Right to change your mind.  Once you have purchased the test, you do not have a legal right to change your mind within 14 days and receive a refund as the service provided is a “Clinical service”. 

5.2 Cancelling your test.

5.2.1 We operate a strict no refund and returns policy with no exceptions, If the test booking reference number has been generated by us and it has been sent to you we cannot provide a refund.

5.3 The covid testing kits cannot under any circumstances be returned to us once received by you. This is due to the risk of transmission of the virus.

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

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

5.6 We cannot provide a refund as a result of lack of information or failures made by yourself.

5.7 You cannot terminate the contract, between us if 5.2.1 has occurred.

6.0 PAYMENT

6.1. The price of our services is set out under each test option on the home page of the 123 Clinics website.

6.2 Payment in full will be made online.

7.0 RIGHT TO VARY THESE TERMS

We reserve the right to reasonably amend these Terms & Conditions from time to time, as required.

8.0 OTHER IMPORTANT TERMS

8.1 We may transfer our rights and obligations under this Agreement to another organisation, but this will not affect your rights or our obligations under these Terms & Conditions.

8.2 This Agreement is between the person paying for our services and 123 Clinics. 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.

8.3 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.

8.4 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.

8.5 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.

9.0 CUSTOMER SERVICE

9.1 If you have a complaint about any aspect of the Service, please contact us via info@123clinics.co.uk

9.2 If there is a problem with the service, due to error on the part of 123 Clinics, we will reperform the service or alternatively grant a refund of the service cost, following a full investigation of the circumstances. 

  1. GOVERNING LAW

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. 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.

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