1. THESE TERMS
1.1. What these terms cover. These are the terms and conditions on which we supply products and/or services to you.
1.2. Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products and 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. If you think that there is a mistake in these terms, please contact us to discuss.
- We ask that you read ALL the terms contained in this document, but your attention is drawn specifically to clause 2.5, which provides information about our third party partners who you may contract directly with; clause 5, which provides important information about Covid-19 test services, your responsibilities and the circumstances where we are not liable, and clause 12, which sets out the extent of our responsibility for loss or damage.
1.3. We update these terms from time to time. Every time you want to place an order for our product or services or to use our website, please check these terms to ensure you understand the terms that apply at that time.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1. Who we are. We are DAM Group UK Limited, a company registered in England and Wales. Our company registration number is 11896236 and our registered office is at Suite 4102 Charlotte House, QD Business Centre, Norfolk Street, Liverpool, United Kingdom, L1 0BG.
2.2. How to contact us. You can contact us by telephoning our customer service team at 0330 1742 200 or by writing to us at email@example.com or Suite 4102, Charlotte House, Queens Dock Business Centre, 67-83 Norfolk Street, Liverpool, Merseyside, L10BG. Our customer service team is available from 8am to 11pm 7 days a week.
2.3. How we may contact you. 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 your order.
2.4. We work with third party Clinics to provide you with certain Covid-19 test services (“Clinics”). When you book your appointment for Covid-19 test services you will be asked to select the relevant Clinic where your appointment will take place. Unless we tell you or indicate on our website otherwise, the contract for the services you receive is between us and you.
2.5. We also work with certain other third parties who may provide you with products or services directly, even if you book their products and services through our website. We will indicate on our website where services or products are provided by third parties and provide information about such third parties. In such case, the contract for the provision of products or services you receive will be between you and that third party. We have no control over and accept no responsibility for the acts and omissions of any such third party provider.
2.6. “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1. How you can place your order. If you would like to order our products or services, you will need to complete the relevant order form on our website.
3.2. How we will accept your order. Our acceptance of your order will take place when we email you to accept it. For example, where you have booked our in-Clinic Covid-19 test services, we will email you the appointment confirmation. A contract will come into existence between you and us at this point, and not before.
3.3. If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the relevant product or service. This might be because we are unable to provide you with Covid-19 test services at the location you have selected, the applicable law or regulation might have changed, the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the availability of our services, in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.4. Acceptance of your order is conditional on you providing us with certain information about you, which may include your name, address, date of birth, contact details and your identification document number. Where we provide Covid-19 test services to you, we will ask you to confirm if you had any symptoms of Covid-19 in the preceding 14 days. If you do not provide us with the information we request during the order process, we may not be able to supply our products and/or services to you. For details of how we handle your personal data, please see clause 12 – how we may use your personal information.
3.5. Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.6. By placing your order, you declare and confirm (i) that you are 18 years of age or older; (ii) that you are purchasing our products or services in your own name, or, if you purchase on behalf of someone else, you have the required authority to do so and have provided us with information about the individual you are purchasing our products or services for; (iii) that you will not allow any other person to use the product and services under your name, nor will you, in using the product, services or our website, pretend you are someone else, or seek to disguise your identity; (iv) that you are only using the site, the product and the services for your own benefit and not for the purposes of providing services to others; and (v) all information that you provide is complete, accurate and not misleading in any way. We will not be responsible for supplying the products or services late or not supplying any part of them if this is caused by you not giving us the information we need.
3.7. Our Clinics will be processing healthcare related data. By placing an order you consent to allow us and the Clinic to process your order. This means confidentially emailing your order confirmation, payment receipt, sending your results to you and contacting you by phone and email when necessary. For details of how we handle your personal data, please see clause 12 – how we may use your personal information.
3.8. We only sell in certain territories. Certain of our products and services can only be provided in specific territories. Unfortunately, we do not accept orders from or provide our products or services outside of those territories. Please check our website to ensure that the product or services you require can be supplied in a specific territory. Please also see clause 5.3 in relation to any travel requirements.
3.9. No re-sale or distribution. The products sold on our website are not for re-sale or distribution. We reserve the right to cancel orders and/or suspend accounts where we believe products are being ordered in breach of this provision.
4. OUR PRODUCTS AND SERVICES
4.1. Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
4.2. Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
5. COVID TEST SERVICES
5.1. If we provide Covid-19 test services to you. If we have accepted your order for an in-Clinic appointment, you will be able to attend our Clinic to receive our Covid-19 test services on the date you select during the order process on our website, unless you have made changes to your order under clause 7 or circumstance outside or our control arise (please see clause 6.3).
5.2. Test Results and certificates. We will use all reasonable efforts to provide the results for your Covid-19 tests to you within the timescales specified on our website for the relevant service. We are not responsible for any delay caused by circumstances outside our control (please see clause 6.3)
- We will use all reasonable efforts to ensure that the results of your Covid-19 test are correct, but you are responsible for checking that your test certificate contains correct information and details, such as the correct date of the test, that the certificate is issued for the correct type of test, all your personal details are correct and up to date and any other relevant details. If you discover that your certificate contains an error, please contact us immediately.
5.3. Travel. If you intend to use the test results as a way of satisfying the requirement of any airline or any entry/exit requirements of a country for a negative Covid-19 test result prior to travelling, please ensure that you have checked the relevant airline’s or country’s requirements. Where possible, we will indicate on our website if our test services or results are not suitable in a particular territory, but due to the constantly changing rules and regulations, we do not accept liability for any loss or damage due to our test services or results not being suitable for your specific purpose. You are solely responsible for assessing suitability of the testing services and results of you Covid-19 travel test in satisfying any such requirements.
- You are solely responsible for ensuring that you book a suitable time slot for your appointment to give you sufficient time to take the test and receive test results before your travel.
5.4. Please note that in providing you with Covid-19 test services, we do not provide any medical advice in relation to your test results. If you have any medical questions in relation to your test results, we recommend that you consult your doctor or another appropriate medical professional.
5.5. If you book Covid-19 test services with us, you may be required to download Health Passport Worldwide app (“App”) on your device and create an account to allow you to receive your test results into that account. If we have confirmed to you that you are required to download the App and you do not do so, we may not be able to supply our services to you.
5.6. We, our Clinics and other partners may be legally required to share certain information about you in relation to your test with Public Health England and other government organisations. Such information may include your test results and your personal data. For details of how we handle your personal data, please see clause 13 – how we may use your personal information.
5.7. Where we provide you with Covid-19 test services, even though we strive to achieve the highest quality of test analysis and adhere to best industry standards and practices, due to the nature of the tests being performed we cannot guarantee the absolute accuracy of the test and there might be rare circumstances where the result might show a false positive or false negative. We do not accept any liability for any inaccuracies of the tests and their consequences, unless we are at fault (see clause 10.12). Accordingly, you acknowledge and agree that: (i) the Covid-19 tests provide only an indication of a positive or negative reaction; (ii) for the Covid-19 tests, as with all screening tests, in a certain number of cases there can be incidences of false-positive and false-negative results; (iii) that the Covid-19 test kit may not be effective for mutations of the virus.
6. PROVIDING THE PRODUCTS AND SERVICES
6.1. Delivery costs for products. The costs of delivery will be as displayed to you on our website.
6.2. When we will provide the products. During the order process we will let you know when we will provide the products to you. We use all reasonable efforts to dispatch your product in accordance with the estimated timeframe stated on our website and in our order acceptance email however delivery times may vary. Delivery dates advised by us are approximate and we will not be liable for any loss or damage due to our failure to meet scheduled delivery dates or for failure to give notice of delay.
6.3. We are not responsible for delays outside our control. If our supply of the products and/or services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
6.4.1. Reasons we may suspend or end the supply of products or services to you. We may have to suspend the supply of a product or services:
6.4.1. To deal with technical problems or make minor technical changes;
6.4.2. if there are changes in relevant laws and regulatory requirements which affect our products or services;
6.4.3. To make changes to the product or services as requested by you or notified by us to you (see clauses 7 and 8);
6.4.4. 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 products or services;
6.4.5. In the circumstances outside of our control (see clause 6.3); or
6.4.6. Where we provide you with Covid-19 test services, if a Clinic at the specific location you have booked your test stops operating or offering the particular type of test you have ordered.
6.5. Your rights if we suspend or end the supply of products. Where possible, we will contact you in advance to tell you we will be suspending supply of the product or service, unless the problem is urgent or an emergency. If we have to suspend the provision of Covid-19 test services at a particular location, we will use reasonable efforts to reschedule your test or rebook it at an alternative location. You may contact us to end the contract for a product or service if we suspend or end its supply, or tell you we are going to suspend or end it, in each case for a period of more than 1 month and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
7. YOUR RIGHTS TO MAKE CHANGES
7.1. You can make changes to the Covid-19 test services you have booked with us at any time prior to your appointment by contacting us. Subject to availability, changes you can make include your chosen Clinic, time and date of appointment. You can put your appointment “on hold”, which means that we will credit your account and allow you to rebook the appointment free of charge at a later date within a period of 12 months from your original appointment.
7.2. If you wish to make any other changes, which are not set out in 5.1 above, to the product or services you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product or services, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 6.5 – Your rights if we suspend or end the supply of products).
8. OUR RIGHTS TO MAKE CHANGES
8.1. Changes to the products and services. We may change the product or services:
8.1.1. to reflect changes in relevant laws and regulatory requirements; and
8.1.2. to implement minor technical adjustments and improvements. These changes will not affect your use of the product.
9. PRICE AND PAYMENT
9.1. Where to find the price for the product and services. The price of the relevant product and services (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product and services advised to you is correct. We reserve the right, however, to change prices at any time without notice to you (save that any changes will not affect orders in respect of which we have sent you an order acceptance email).
9.2. What happens if we got the price wrong. It is always possible that, despite our best efforts, the price shown on the checkout page is wrong. We will normally check prices before accepting your order so that, where the correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
- If we accept and process your order where a pricing error is obvious and unmistakeable 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 or services provided to you.
- If you think the price at checkout is wrong please contact us promptly to let us know.
9.3. When you must pay and how you must pay. You can pay for our products and services online on our website. Emergency appointments can be paid for either online on our website or in Clinic.
- We accept payment by any major credit or debit card. You must pay for the products before we dispatch them or before we start providing you with our services. Payment may be debited and cleared from your account before the dispatch of the products you ordered or before we start providing you the services.
- You confirm that the credit, debit card that is being used is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us we will not be liable to you for any delay or non-delivery.
- If your credit or debit card payment is not processed successfully for any reason, we reserve the right to reattempt to process payment within 48 hours. In the event that the payment is still unsuccessful, we will give you at least 48 hours’ notice in advance of any further reattempt to process payment by sending an email to the email address you have provided to us. If you do not want us to reattempt to process payment, you must cancel your order in advance.
10. CANCELLATIONS, RETURNS AND REFUNDS
10.1. How to tell us about problems. If you have any questions or complaints about the product, please contact us.
10.2. Your legal rights. We are under a legal duty to supply products and services that are in conformity with this contract. Nothing in these terms will affect your legal rights.
- For more information about your other legal rights, please visit the UK Government’s website at: www.direct.gov.uk or contact Consumer Direct, the Government funded consumer advice service on 08454 04 05 06.
10.3. Exercising your right to change your mind if you have booked Covid-19 test services. We understand that circumstances may change and you may wish to cancel your appointment for a test you have booked with us. If you have booked Covid-19 test services with us, you have a right to change your mind within 14 days of the date of our email accepting your order. However, if we have started to supply services to you, the amount of the refund you receive may be reduced by the value of services provided up until the time you tell us that you have changed your mind. Please note that cancellation charges set out in clause 10.4 (below) may apply.
10.4. Cancellation charges if you have booked an appointment for Covid-19 test services.
We have put in place a Cancellation Policy. Please read the Cancellation Policy carefully as it sets out cancellation charges which may apply to you if you cancel your appointment.
We believe our cancellation policy is fair to compensate us for the losses we may suffer if you cancel your appointment late. This is because when you book your appointment with us, you are holding a space on our calendar that is no longer available to our other customers.
10.5. If the product you have bought is faulty. If you believe that the product is faulty, please contact us as soon as possible after discovering the fault and we will advise what to do next.
10.6. Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must post them back to us or (if they are not suitable for posting) allow us to collect them from you. Please contact us for a return label or to arrange collection.
10.7. Exercising your right to change your mind if you purchased a product. Where you have purchased the product as a consumer (i.e. for private use as opposed to business use), please note that you are entitled to cancel any contract completed with us within 14 days from the day on which you acquire physical possession of the product.
- All products must be returned unused and in the original packaging as they were in when received by you. Please ensure that when you receive a product that you take reasonable care of it when inspecting it, such as please ensure that any security seals or tags are still intact.
- You do not have a right to change your mind once the product has been unsealed after you receive it.
- This clause does not apply if you have booked Covid-19 test services (please see clauses 10.3 and 10.4).
10.8. When we will pay the costs of return. We will pay the costs of return:
10.8.1. if the products are faulty;
10.8.2. if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
- In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
10.9. What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection. The costs of collection will be the same as our charges for standard delivery.
10.10. How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
10.11. Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind, we may reduce your refund of the price (excluding delivery costs) if the product is damaged and we reasonably believe that the damage has been caused by you. If we refund you the price paid before we are able to inspect the goods and later discover a damage which has been caused by you, you must pay us an appropriate amount.
10.12. Your right to end the contract if we are at fault. You have a right to end the contract with us and receive a refund because of something we have done wrong (where we do not perform the contract with reasonable care and skill or within the time period specified in our website, or, if no particular timescale is specified, within a reasonable time).
10.13. When your refund will be made. Please contact us if you believe that you are entitled to a refund. If you are entitled to a refund for products or services you have purchased with us, we will make the refund within 5 – 10 working days.
11. USE OF WEBSITE
11.1. We may make changes to our site. We may update and change our site from time to time to reflect changes to our products, our users’ needs and our business priorities.
11.2. We may suspend or withdraw our site. Our site is made available free of charge. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
11.3. You must keep your account details safe. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
- We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms.
- If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us.
11.4. How you may use material on our site
- We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
- You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
- You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
- Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
- You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
- If you print off, copy or download any part of our site in breach of these terms, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
11.5. Do not rely on information on this site
- The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
- Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
11.6. We are not responsible for websites we link to
- Where our site contains links to other sites, services and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
- We have no control over the contents of those sites, services or resources.
11.7. User-generated content is not approved by us
- This website may include information and materials uploaded by other users of the site, including reviews. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.
- If you wish to complain about content uploaded by other users, please contact us.
11.8. Uploading content to our site
- If you submit a review or any other content on our website, such content will be considered non-confidential and non-proprietary. When you upload or post content to our site, you retain all of your ownership rights in your content, but you grant us a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the service provided by the website and across different media including to promote the site or the service or products.
- We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
- We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with our content standards.
- You are solely responsible for securing and backing up your content.
- We do not store terrorist content.
- You represent and warrant that you own or otherwise control all of the rights to the content that you post and that, as at the date that the content or material is submitted to our website, the content and material is accurate.
- Use of the content and material you supply does not breach any applicable guidelines we may publish on our website and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify us for all claims brought by a third party against us arising out of or in connection with a breach of any of these warranties.
11.9. We are not responsible for viruses and you must not introduce them
- We do not guarantee that our site will be secure or free from bugs or viruses.
- You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
- You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
11.10. Rules about linking to our site
- You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
- You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
- You must not establish a link to our site in any website that is not owned by you.
- Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
- We reserve the right to withdraw linking permission without notice.
12. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
12.1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process. It is important to point out that everybody’s personal circumstances are different. As a result, we cannot be expected to know what your specific circumstances are unless we are told in writing prior to the contract being formed.
12.2. If you intend to use our Covid-19 test services to satisfy your travel requirements, we recommend that you have obtained suitable travel insurance for your trip.
12.3. We are not responsible to you for any loss or damage caused by your act, omission or other failure to follow instructions or advice we have provided to you in relation to a Covid-19 test.
12.4. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. 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; for breach of your legal rights in relation to the products.
12.5. We are not liable for business losses. We only supply the products and services and provide our website for domestic and private use. If you use the products, services or website for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13. HOW WE MAY USE YOUR PERSONAL INFORMATION
14. OTHER IMPORTANT TERMS
14.1. We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
14.2. 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.
14.3. 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.
14.4. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs 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.
14.5. 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. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.