Biogroup Laboratory Limited

Terms and conditions

Updated on 10/12/2020

1. About us and these terms

1.1 These terms apply to the Covid-19 testing services ordered through our Website ("Testing Services"). We refer to Testing Services in these terms as "Services". In general, these are the terms and conditions that apply when you order any Services from us, including Services ordered from www.biogrouplaboratory.co.uk (the "Website"). When you place an order on our Website, you will be asked to agree to these terms in their entirety. This will be the version of the terms that will apply to your purchase. Please read these terms carefully before you submit your order to us.

1.2 Who we are. The Website is owned by Biogroup Laboratory Limited, a company registered in England and Wales (company no. 12968423; VAT no. GB363914385000) (“Biogroup”). Our registered office is at 563 Chiswick High Road, London, United Kingdom, W4 3AY

Biogroup is a provider of Covid-19 testing services. We offer Services to individuals at various testing centres.

1.3 What these terms are for. These terms tell you who we are, about our Website, 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.

1.4 How to contact us. If you have any queries about these terms, the Services, or any order you have placed through our Website, you can contact us at contact@biogroup-laboratory.co.uk.

2. Placing an order on the Website

2.1 Website registration. Before you can place an order for Services with us, the process will require you to provide some mandatory personal information including your contact details.

2.2 Ordering with us. The following steps will be followed to complete an order through our Website.

(a) The order pages on the Website will guide you through the steps you need to take to order Testing Services. Our Website provides descriptions of the Services we provide.

(b) We offer Testing Services at various testing centres.

(c) The order process allows you to check and amend any errors before submitting your order. Please take the time to read and check your order at each page of the order process. You are responsible for ensuring the details of your order are complete and accurate.

(d) You will receive an email from us confirming your order. It is only at this point that a contract comes into existence between you and us. This email will contain a QR code, which will be required upon your arrival at the Testing center prior to getting tested.

(e) You will be required to pay online prior the order submission.

(f) You can only order Services for a child where you have parental responsibility for that child. Where the Services involve a child under 18 years of age, only those who have

parental responsibility for the child are able to book the Services, give permission for the child’s specimen sample to be used in the Testing Services.

3. Price and payment

3.1 The price is shown on the Website. The price of the Services (which includes VAT) will be the price indicated on the order pages when you order your Testing Services.

3.2 If the price is marked incorrectly. It is possible that, despite reasonable efforts, some of the Services may be incorrectly priced on our Website. If we discover an error in the price of the Services ordered, we will attempt to inform you of this error and give you the option of continuing to purchase the Services at the correct price or cancelling your order. Where this is the case, we will not process your order until we receive your instructions as to whether you would like to proceed with, or cancel, your order. If we are unable to contact you using the contact details provided during the order process, your order will be treated as cancelled and we will notify you in writing. Please note that, if the pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we do not have to provide the Services at the incorrect (lower) price and the contract may be cancelled.

How we take payment. The online registration for the Testing Services is followed by a payment that validates the order submission. Alternatively you could register and make payment for the Testing Services directly at the Testing center.

Different payment methods are available. You can pay online by credit or debit card, or using paypal.

We use a third-party services to process your payment securely. We don’t collect your payment information such as credit card details. You will be redirected to a third party’s payment gateway and after the payment you will be redirected back to our website.

3.3 We will provide you with an invoice, once the payment and the Test Service have been successfully completed. The invoice will be available via your account dashboard.You must pay in full. All orders must be paid for in full.

4. Your responsibilities

4.1 You should only provide information to us where you are entitled to do so. Where you provide information to us for the purpose of our provision of the Services to you (or a child for whom you have parental responsibility), you confirm that you are entitled to provide us with that information for that purpose. If you provide us with information against the law (such as data protection law, confidentiality obligations or intellectual property law), and a third party brings a legal claim against us as a result of your unlawful actions, you will be fully responsible for the costs and losses that we incur.

4.2 Make sure your information is correct. We will use the information you provide to us to supply the Services to you. We will not be responsible for supplying the Services late, not supplying any part of them, inaccuracy or inconclusiveness in results of the Testing Services if this is caused by you not giving us the information we need. You confirm that all information and details provided by you to us on registration on our Website are true, accurate and up to date in all respects and at all times. You can update or correct your details at any time after the order submission for Testing Services by sending an email to contact@biogroup-laboratory.co.uk.

4.3 You should follow our instructions when receiving Services. You should follow any instructions that you are given by our practitioners during the course of the Services.

4.4 Do not hesitate to see your GP or seek urgent medical attention if your conditions get worse or do not improve in the expected timeframe. The Services we provide only include Covid-19 testing and, in the case of a positive test result, advising you of appropriate treatment plans. If you require any other healthcare treatment, you should visit your doctor or seek urgent medical attention, as usual.

4.5 You should only use our Services for yourself, except where you are assisting a child for whom you have parental responsibility.

5. Delivery of the Services

5.1 When we will provide the Services.

(a) We will aim to provide your results of the Testing Services approximately 24 hours after the sample for COVID 19 has been collected. You will be notified via email or text when your test results are ready.

5.2 Reasons we may suspend the supply of Services to you. We may have to suspend the supply of Services to deal with technical problems or make minor technical changes, or update the Services to reflect changes in relevant laws and regulatory requirements.

5.3 Your rights if we suspend the supply of Services. We will contact you in advance to tell you we will be suspending supply of the Services, unless the problem is urgent or an emergency. If we have to suspend the Services, we will adjust the price so that you do not pay for the Services while they are suspended. You may also be able to end the contract (see Clause 7.1 on "Cancellation" for more details).

6. How we provide the Services

6.1 Our staff are appropriately qualified. We provide our Services using reasonable skill and care from appropriately qualified, and experienced, staff. If you think that our Services have not met this standard, please contact us as soon as possible.

6.2 Our Covid-19 tests have been awarded a CE mark so as to ensure that our tests comply with EU safety legislation.

6.3 We do not tolerate abuse or offensive behaviour towards any of our staff.

7. Cancellation

7.1 When you can cancel the contract

(a) Changing your mind within 14 days for online orders.

(i) If you change your mind, you may cancel services ordered online within the 14-day 'cooling off' period following the date of your order, and receive a refund of the price paid (if any).

(ii) However, these rights do not apply where you have asked for the Services to be performed within the 14-day cooling off period. You will lose the right to change your mind within 14 days where you have confirmed that we should provide you with Services within this 14-day period.

(b) Where we are at fault: Where you are ending the contract for one of the reasons set out at (i) to (iv) below, the contract will end immediately and we will refund you in full for any

Services which have not been provided. You may also be entitled to compensation. The reasons are:

(i) we have told you about an upcoming change to the Services or these terms, which you do not agree to;

(ii) we have told you about an error in the price or description of the Services you have ordered and you do not wish to proceed;

(iii) there is a risk that supply of the Services may be significantly delayed because of events outside our control or because we have informed you that we are suspending the supply of Services; or

(iv) you have a legal right to end the contract because of something we have done wrong (including where we have failed to provide Services with reasonable care or skill).

(c) In all other cases (if we are not at fault and there is no right for you to change your mind), you will not have a right to a refund.

(d) How we issue refunds. You agree that we may issue any part refunds in cash or on your card regardless of the method of payment used to make the initial payment.

(e) How you can cancel the contract. You can use the cancellation form provided in the appendix to these terms, or by following the instructions given in your order confirmation email.

7.2 When we can cancel the contract

(a) Where we are unable to provide the Services: If, for any reason, we are unable to provide the Services, your order will not be processed and we will inform you of this by email. If you have already paid for the order, we will arrange a refund of the full amount as soon as possible.

(b) We may end the contract at any time by writing to you where you:

(i) do not provide us with the information (or accurate information);

(ii) fail to provide or withdraw your consent to the extent that consent is relied upon (whether provided on your own behalf or on behalf of an individual under the age of 18) to processing the relevant personal data or sample provided for the Testing Services; or

that is necessary for us to provide the Services to you. Where this is the case, you will be refunded any money you have paid in advance for the Services that have not been provided, but deductions or charges may be made for reasonable compensation for the net costs incurred as a result of your breaking the contract.

(c) Where you fail to make required payments: We may end the contract at any time by writing to you where you fail to make a payment for the Services in accordance with these terms. Where this is the case, you will be refunded any money you have paid in advance for the Services that have not been provided, but deductions or charges may be made for reasonable compensation for the net costs incurred as a result of your breaking the contract.

8. Duration of this contract 8.1 Where the contract is not terminated (under clause 7 or for any other reason in accordance with the law), it will expire once we have provided the Services to you.

9. Your legal rights

9.1 Your rights for Services that are not carried out with reasonable care and skill. Where we do not carry out the Services with reasonable care or skill, you can ask us to repeat or fix the service or get some money back if we cannot fix it.

9.2 For detailed information on your legal rights, visit the Citizens Advice website (www.adviceguide.org.uk) or call 03454 04 05 06. Nothing in these terms will affect these legal rights.

10. How we will use your personal information

10.1 Our Privacy Notice sets out how we will use your personal information.

11. How to make a complaint

11.1 How to contact us. If you wish to make a complaint about an order or anything else, you can contact us at contact@biogroup-laboratory.co.uk.

11.2 How we will handle your complaint. We will handle your complaint in an appropriate way and as required by the professional rules that apply to our Services.

11.3 We will discuss your complaint with you and let you know the outcome of our investigation. Where there is a disagreement between you and us about these terms, or you raise a complaint about our Services, we will attempt to resolve this by discussing it with you. We will tell you the outcome of our investigation into your complaint and give you the chance to discuss it with us. If we have done something wrong, we will apologise to you.

11.4 How you can escalate the complaint. If the disagreement or complaint has not been resolved after discussion between us, either of us can refer the dispute for mediation in accordance with the Centre for Effective Dispute Resolution's independent mediation scheme for patients (https://www.cedr.com/consumer-disputes/healthcare/mediation/introduction). You may also submit a disagreement with us for online resolution to the European Online Dispute Resolution platform at https://webgate.ec.europa.eu/odr.

12. Our responsibility for loss or damage suffered by you

12.1 Testing is subject to a degree of uncertainty. Whilst the testing that we undertake is highly accurate, and we take the utmost care in providing our Testing Services, as with any testing, there is an unavoidable possibility of error and percentage of uncertainty in the provision of test results. Tests may sometimes provide inconclusive results for a variety of reasons, including the nature of the statistical analysis on which they are based. If you obtain a re-test from us or any third party, you may obtain a different result. This does not by itself indicate any test undertaken was faulty or inaccurate.

12.2 You are responsible for what you do. It is your decision on how to act based on our results of Testing Services, or any other Services. If you have any doubts or queries regarding the implications, accuracy or reliability of our test results, you should obtain advice from a suitably qualified professional and consider obtaining further tests to confirm. We will not be responsible for

any loss or damage that you or any other person suffers as a result of anything you or any third party does, no matter how foreseeable or even if you have told us during the ordering process.

12.3 We are responsible to you for loss and damage directly caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that flows naturally from our breaking this contract or our failing to use reasonable care and skill. In any event we will not be liable for any losses related to any business of yours including (without limitation) lost data, lost profits, lost revenues or business interruption.

12.4 There are certain liabilities which cannot be excluded by law and nothing in these terms limits our liability where it is unlawful to do so. This includes liability for death or personal injury caused by our negligence, our fraud, or for breach of your statutory rights.

12.5 Our Services are not a replacement for emergency treatment. Our Services should not be used in an emergency. In the case of an emergency, you should contact the emergency services and/or your doctor in the usual way.

13. Other important terms

13.1 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

13.2 We may ask our partner laboratories to assist us. In certain circumstances, we may ask our partner laboratories to carry out Services on our behalf – for instance, where this will reduce the time it takes for us to be able to provide you with test results. Our partner laboratories are accredited to the same standard as us and will carry out the Services to the same standard that we would.

13.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms.

13.4 If a court finds part of these terms 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.

13.5 Even if we delay enforcing these terms, they can still be enforced 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 the 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.

13.6 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.


APPENDIX: Model cancellation form

(Complete and return this form only if you wish to withdraw from the contract)

To: Biogroup Laboratory Limited, The Studio, 1st Floor, 21 Evesham St, London W11 4AJ

Email: contact@biogroup-laboratory.co.uk

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract for the supply of the following service [*],

Ordered on [*]/received on [*],

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date

[*] Delete as appropriat

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