What these terms cover. These are the terms and conditions on which we supply the testing services you have ordered.
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 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.
Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if you are an individual buying testing services from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession). If you are a consumer we are under a legal duty to supply services that are in conformity with the contract we have entered into with you.
If you are a business customer:
this is our entire agreement with you. These terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you will have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these terms.
purchasing testing services for the benefit of your employees:
You must not submit any samples on behalf of your employees.
Your employees must submit their own samples.
The employees using the tests must be over the age of 18.
We will not provide any test results to you without the consent of the person who has taken the test.
You must provide the person taking the test with a copy of these terms, the sample submission form (if applicable), our privacy policy and any user instruction information we provide.
Important Information About Our Testing Services
If you have any health or medical concerns you must consult with a registered medical practitioner in respect of those.
The purpose of our testing services is to provide you with a convenient, quick and confidential means of being tested for whether you are more likely to have a given allergy (in the case of allergy testing) and whether you have a particular condition (in the case of our Covid-19 tests). However, our test results are indicative and are not intended as medical advice of any kind, and should not be or considered as a diagnosis or used as a basis on which to take medication, without first consulting a registered medical practitioner.
It is essential that anyone considering changing their diet must consult a registered medical practitioner in the first instance.
All possible diagnoses generated by our tests must be discussed and confirmed with a registered medical practitioner.
If you think you may have a medical emergency, call your doctor or the emergency services immediately.
Please note that items listed within a specific test are subject to change from time to time. Please consult our website or contact us if you wish to confirm whether a specific item is included within a particular test.
100% accuracy of all test results cannot be guaranteed. However, our laboratory partners work to high industry standards and procedures at all times.
Our staff will not provide medical advice given that they are generally not medically qualified. Any advice given by our staff should therefore not be construed as medical advice or any diagnosis.
Information About Us and How to Contact Us
Who we are. We are 1 Health Hub Limited a company registered in England and Wales. Our company registration number is 13121482 and our registered office is at 10 Ca 10 Cheyne Walk, Northampton, Northamptonshire, United Kingdom, NN1 5PT. Our registered VAT number is GB372659760.
How to contact us. You can contact us by emailing us at [email protected].
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.
“Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails but not fax.
Our Contract With You
How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us. Please note that you must be over the age of 18 to purchase testing services from us.
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 service. This might be because the testing kit required as part of the testing service you have ordered 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 price or description of the service or because we are unable to meet a deadline you have specified.
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.
Your Rights to Make Changes
If you wish to make a change to the service 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 service, 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.
Our Rights to Make Changes
We may change the service to reflect changes in relevant laws and regulatory requirements. These changes will not affect your use of the service. We will notify you if this happens.
Providing the Services
When we refer to a “sample” in these terms, we mean the hair, blood or tissue sample that is required from any individual for the testing service requested by and in respect of that individual.
If a physical testing kit is required to be delivered to you to enable you to provide your sample as part of the testing service you have ordered:
the costs of delivery of that kit will be included in the overall price of the service displayed to you on our website;
we will let you know during the order process when we aim to provide the kit to you;
if no one is available at your address to take delivery of the kit and it cannot be posted through your letterbox, we (or our courier) will leave you a note informing you of how to re-arrange delivery or collect the kit from a local depot;
if, after a failed delivery to you, you do not re-arrange delivery or collect the kit from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery we may end the contract and clause 10.2 will apply.
If we await your sample in order to be able to provide the testing service (and no physical testing kit is required to be delivered to you):
we will provide you with a link to enable you to complete your sample submission form;
you are responsible for the postage costs incurred in sending your sample to us;
your sample must be sent to the address notified to you. We recommend utilising a traceable delivery service such as a recorded or signed-for delivery method.
Any samples you provide to us must be your own. However, if you are a business customer purchasing testing services for use by your employees, your employees must submit their own samples. All samples must be sent to the address we notify to you on the same day that the sample is collected. We will not return any samples.
When we will provide your test results. We will let you know during the order process how long we expect it to take us to provide your test results following receipt of your sample. We will notify you when your test results are ready via email to the email address you give us and via SMS text message to the number you give us. If your test has been purchased by your employer, we will only provide your test results to your employer with your consent.
Postponing your test. If you have paid for your test but you wish to postpone it i.e. you wish to take the test at a later date, you may do so provided that you contact us to let us know and the test is taken within 12 months of the date you submitted your order to us.
We are not responsible for delays outside our reasonable control. If our supply of the service is delayed by an event outside our reasonable control then we will contact you as soon as reasonably possible to let you know and we will take reasonable 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 services you have paid for but not received.
What will happen if you do not give us information we need from you. We may need certain information so that we can supply the service to you, for example, your sample and your sample submission form. If so, this will have been stated in the description of the service on our website. If you do not:
give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information; or
you supply us with a sample which has not been collected in accordance with the user instructions provided,
we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. If we cannot test your sample because it was collected incorrectly, we may agree to test a further sample but you will be responsible for our reasonable costs associated with this.
We will not be responsible for supplying the services late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it or not supplying us with a correctly taken sample.
Your Rights to End the Contract
If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the testing kit replaced or the testing service re‑performed or to get some or all of your money back).
Ending the contract because of something we have done or are going to do. If you wish to end a contract for a reason set out at clauses 8.2.1 to 8.2.4 (below), the contract will end immediately and we will refund you in full for any services which have not been provided and you may also be entitled to compensation. The reasons are:
we have told you about an upcoming change to the service or these terms which you do not agree to;
we have told you about an error in the price or description of the service you have ordered and you do not wish to proceed;
there is a risk that supply of the service may be significantly delayed because of events outside our control; or
you have a legal right to end the contract because of something we have done wrong.
Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most things bought online you have a legal right to change your mind within 14 days and receive a refund. These rights are contained with the Consumer Contracts Regulations 2013. Your right as a consumer to change your mind does not apply:
if you have already received your test results, even if the cancellation period is still running;
to testing kits which are sealed for health protection or hygiene purposes, once these have been unsealed, opened, damaged or tampered with after you receive them.
How long do consumers have to change their minds? You have 14 days after the day we email you to confirm we accept your order to change your mind. However, once we have provided you with your test results you cannot change your mind, even if the 14 day cancellation period is still running. If you cancel after we have started testing your sample, you must pay us for the services provided up until the time you tell us that you have changed your mind.
How to End the Contract With Us
To end the contract with us, please let us know using the contact details above.
Returning sealed, undamaged and unopened testing kits after ending the contract. If you end the contract for any reason after the testing kit has been dispatched to you or you have received it, you must return it to us sealed, undamaged and unopened. You must post the testing kit back to the address we give you for that purpose. Please contact us to arrange the return. If you are a consumer exercising your right to change your mind you must send off the kit within 14 days of telling us you wish to end the contract.
When we will bear the costs of return. We will bear the costs of return and give you a Freepost address to use:
if the testing kit or the testing service is faulty or misdescribed; or
if you are ending the contract because we have told you of an upcoming change to the service or these terms, an error in pricing or description, a delay in delivery due to events outside our reasonable 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 a consumer exercising your right to change your mind) you must pay the costs of return.
How we will refund you. Provided that you return the test kit to us at your own cost, we will issue a refund minus £20.00 cost of the kit and admin fee. Your right to change your mind and receive a refund ceases automatically once you have either unsealed or otherwise used the test kit, or a period greater than 14 days has elapsed since you received the test kit. Refunds will be processed within 7-10 working days of your kit being returned. If you are entitled to a refund under these terms we will refund you by the method you used for payment. However, we may reduce your refund if we find that the returned testing kit is damaged, opened, unsealed or has been otherwise tampered with.
When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then if you are returning a testing kit, your refund will be made within 14 days from the day on which we receive the kit back from you. In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
Day 2 & 8 Refunds. Where a test kit is broken, is not delivered or gives an inconclusive or invalid test result, in line with the Department of Health and Social Care guidelines, we will offer a replacement test and send this to you at our expense by next working day courier service. DHSC regulations restrict any refunds being made as this may be in breach of the obligation of an individual to take the test in accordance with their testing package.
Rapid Antigen Test Refunds Given the nature of the product, there are no refunds for sales of rapid antigen test kits.
Replacement kits. If you have not followed the provided instructions and require a replacement kit to be provided there will be a charge of £25 per covid-19 test kit or £10 per non-covid blood collection kit. Payment is required prior to the dispatch of any replacement kit.
Our Rights to End the Contract
We may end the contract if you break it. We may end the contract at any time by writing to you 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 service, for example, your sample and sample submission form; or
you do not, within a reasonable time, allow us to deliver the testing kit to you.
You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
Price and Payment
Where to find the price for the service. The price of the testing service (which includes VAT at the prevailing rate if applicable) 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 service advised to you is correct.
When you must pay and how you must pay. We accept payment by credit or debit card or by PayPal. You must pay at the time you place your order. We will not dispatch any testing kit or test any sample you provide until you have made payment.
Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
Our Responsibility for Loss or Damage Suffered By You If You Are a Consumer
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 or our failing to use reasonable care and skill, 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.
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 service including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care; and for defective products under the Consumer Protection Act 1987.
We are not liable for business losses. If you are a consumer we only supply the services for to you for domestic and private use. If you use the services for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 13.
Our Responsibility for Loss or Damage Suffered By You If You Are a Business
Nothing in these terms will limit or exclude our liability for:
death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
fraud or fraudulent misrepresentation;
breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
any matter in respect of which it would be unlawful for us to exclude or restrict liability.
All terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
Subject only to clause 13.1:
we will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to 100% of the total sums paid by you for the testing service under such contract.
We may transfer our contract to someone else. We may transfer our rights and obligations under these terms to another organisation.
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.
Nobody else has any rights under this contract. This contract is between you and us. No other person will have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
If a court finds part of this contract illegal, the rest will continue in force. Each of the clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the services in either the Northern Irish or the English courts.
Alternative dispute resolution if you are a consumer. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are a consumer and are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use, please contact us for details. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) will be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales will have exclusive jurisdiction to settle any such dispute or claim.
If you have any health or medical concerns, you must consult with a registered medical practitioner in respect of those.
It is essential that anyone considering changing their diet or introducing food supplements into their diet must consult a registered medical practitioner in the first instance.
If you are already undergoing any form of medical treatment then you should inform the medical practitioner who is overseeing that treatment about your subscription to receive the Services.
The Services are not intended for and we will not provide them to anyone who
is under the age of 18;
is pregnant
has recently given birth; or
suffers from certain medical conditions unless provided with
specific confirmation from your doctor that it is safe and
appropriate for us do so.
Services
By ordering the Services and paying any recurring monthly subscription fees to keep your subscription active, you will receive a range of benefits and features as part of the programme you select, details of which are set out on our website.
We will supply the Services to you until your subscription expires or you end your subscription as described in clause 16.3
Your subscription will be for an initial period of 30 days but your subscription will automatically renew for a period of 30 days at the end of the initial 30 day period.
When your subscription automatically renews, your cancellation rights will be as set out in clause 16.3.
Your Rights to End Your Subscription
To end your subscription or if you have any concerns you would like
to discuss with us relating to the Services, please let us contact us
By contacting [email protected]
These terms will not affect your statutory rights.
clause
Under the Consumer Contracts (Information, Cancellation and
Additional Charges) Regulations 2013 you have the right to cancel your
subscription, for any reason, within 14 days of the date of your
subscription starting (Cooling-off Period) Inclusive of the 30 day free trial period.
If you wish to exercise your right to change your mind, you have 14
days after the day we email you to confirm we accept your order for
Services to do so. If you cancel after we have made the Services
available to you your subscription will not renew and you will not be eligible to receive a refund.
After the Cooling-off Period has expired, you may cancel your subscription for any reason provided that you give us 30 days’ notice in writing.
We will stop the collection of your next payment within 30 days of when you give us notice of termination.
If you are due a refund under these terms, we will refund you by the method you used for payment.
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