Terms of Service

Refund Policy Effective Date: 04/8/2021

Version: 2.0 Review Date: 23/01/2024

Terms and Conditions of Business
1. Agreement

When you book a Covid testing kit it means that you have accepted our full terms and conditions of booking.
These Terms and Conditions of Business governs the relationship which will exist between us. By continuing to use the services of Abihealth we shall be entitled to assume you have agreed to the terms and conditions set out here. Unless otherwise agreed, these Terms and Conditions of Business shall apply to any future instructions given by you to Abihealth. Nobody is authorised to alter these terms other than in writing.

2. Our COVID-19 Testing Services

2.1. Purpose: To determine the presence of COVID-19 virus including various strains/variants in a correctly, properly returned and intact swab sample, using the sample collection kit provided. The test will be performed using an evaluated COVID-19 testing procedure accepted by Public Health England.

2.2 “You” are the customer and have either accessed our website, entered one of our clinics or called our telephone number and you intend to place or have placed an order for our Service.

2.3 Throughout our Service, website and during any telephone call or written correspondence between you and us these terms and conditions along with our Privacy policy will apply. If there is any conflict between these Terms and any terms or conditions found elsewhere on our website, or in any written or verbal communication between you and us, these Terms will prevail.

2.4 By purchasing our Service you are giving Abihealth and its partner laboratories your informed consent to perform the tests you have ordered.  Service may be facilitated by third party subcontractors, servants or agents, professionally trained who will abide by strict protocols, health and safety and privacy requirements.

2.5 Services are offered subject to availability at the time of booking. Abihealth reserves the right to cancel, reschedule appointments or deliveries.

2.6 Please note that the service that Abihealth provides does not include collection from your home address. If you are purchasing a Home Test Kit, it is your obligation to arrange for the Home Test Kit to be returned to the designated laboratory address to fit your time scale. Such time scale or time frame is your prerogative, and not the obligation of Abihealth.

2.7 Time is not of the essence in this contract and Abihealth do not accept any responsibility or liability for any losses arising if the test result is not provided to you within your required timescale, which may have been stipulated by third parties.  Please note any such time frames are subject to privity of contract, between you and the third party, and to which Abihealth are therefore not bound.

2.8 Any couriers used by Abihealth are not acting as employees, servants or agents of  Abihealth and as such, do not have any actual or ostensible authority on behalf of Abihealth nor will Abihealth accept vicarious liability for their actions. Abihealth will not be held responsible for their service with regard to the delivery of Samples to Abihealth or our partner laboratories on your behalf.

2.9 Failure to comply with any of your obligations in this agreement is an anticipatory breach, inter alia. It will render performance of Abihealth obligations under contract impossible and you are therefore committing a repudiatory breach. In such circumstances, Abihealth is entitled to accept your repudiation and choose to be no longer bound by the contract and relinquish all and any liability that Abihealth may have had to you for the service.

2.10 Abihealth offer the following Covid-19 Testing services:

•    Mandatory Day 2 and Day 8 International Arrival Covid-19 (PCR) Tests. Booked online on our website;
•    Fit to Fly Certificate Covid-19 PCR Test – available both on our website via a postal service (please check your travel requirements prior to booking) or at our clinic site in Manchester
•    Release from isolation Day 5 Covid-19 PCR Test – available both on our website via a postal service or at our clinic site in Manchester (Please note results are generally available within 24hrs upon receipt of sample in both cases) allowing early release from Day 7

3. Your Obligations

3.1 The sample must be taken by you in line with our operating procedures as detailed in the instructions provided to you and available on our website, and included in your contractual obligations below.  This includes both throat and nasal swab.  If, for any reason, you are not able to provide a sample as per the procedure we cannot guarantee that the sample provided will be suitable for analysis and a valid result forthcoming and Abihealth accepts no responsibility for losses arising in such circumstances.

3.2 It is crucial that you register your tests in accordance with the registration process as detailed in our instructions and available on our website, as without it, Abihealth and our partner laboratories will not be able to provide you with results. You will not be able to receive your results if you have not registered your tests online. By submitting a sample to Abihealth or our partner laboratories you are consenting to the testing of that sample.

3.3 In order to meet these requirements you must follow the instruction supplied with your testing kits.

4. Deliveries & Returns

Our Day 2 and Day 8 Testing Package is sent via our Delivery Partners.
We dispatch the test kit(s) to arrive on or before day 2 of your quarantine, provided you have placed the order at least 5 business days before your arrival in England.

Please allow 1-5 business days to receive your Travel Testing Package after the
day you place your order.

Please note any orders placed less than 5 business days before arrival in England,
or after arrival in England, may not be delivered on or before day 2 of your
quarantine, due to processing times and delivery schedules.

Please note orders are not dispatched on Sunday; Bank Holidays or
other statutory holidays.

5. Abihealth’s Obligations

5.1 Abihealth will make every reasonable endeavour to analyse your sample and to provide you with a results report. However, on rare occasions, anomalies can occur during laboratory analysis, for example, issues with sample collection or processing errors. Abihealth will endeavour to identify and correct any such issue. Additional samples may be required, if remaining sample is insufficient for repeat analysis. And as a consequence, results/reports may be delayed.  Abihealth will not be held accountable or liable for delays with testing that is outside of their control.

5.2 Following receipt of your sample, we will make every reasonable endeavour to provide your test results within a reasonable timeframe following our laboratory receiving your sample. Delivery dates for test results are approximate only and Abihealth will not be held liable for any delay in delivery, particularly in light of global shortages in raw materials and the unprecedented level of demand for our services in the current challenging circumstance, as well as subject to further terms in this agreement. You acknowledge that you will receive your results via your online portal access using the email address provided by you when booking your test. It is your responsibility to ensure that Abihealth has the correct information pertaining to your email address.

6. Provision of our COVID-19 Testing Kits

Abihealth will not be liable for any loss or damage (including refunds) suffered by you due to:

6.1 Failure by you to enter your personal information, arrival dates and a correct email when booking the test on our website resulting in you not receiving the travel test package booking reference number to complete the passenger locator form;

6.2 Incorrect use of any test kits by you;

6.3 Failure to follow instructions provided and available on our website;

6.4 Failure to register the kit and its associated tracking information on the portal as per instructions provided;

6.5 Failure to enter a correct email;

6.6 Failure to follow instructions to post the test kit to the laboratory;

6.7 Posting the kit without registering the kit as directed in the instructions;

6.8 Posting the kit without taking the test;

6.9 Failures or delays by third parties used in connection with the provision of our Covid-19 testing service such as the postal system, couriers and our partner laboratories;

6.10 Reliance on any guidance on travel regulations by us. It is your responsibility to comply with the current travel regulations in force.

6.11 If you do not receive your confirmation, please check your spam or junk email before contacting us.

6.12 Please review the booking carefully and ensure all the details are accurate and correct. Please carefully check the correct UK postal address details have been entered to ensure your test kits can be delivered to you. Use capital letters when entering your UK postcode.

6.13 You are reminded when you book a Covid testing package it means that you have accepted the full terms and conditions of booking.

7. Refunds Policy & Returns Policy

We operate a strict no refund and returns policy with no exceptions. Any dispatched kits for self-test that are unused will NOT be refunded under any circumstances due to health and safety reasons. Therefore, once booked and dispatched the Covid testing kits are non-changeable and non-refundable.

7.1 Due to the proficiency of our services, our logistical response to orders is instantaneous and thus when the order is placed, things are set in motion which cannot be undone, and the order shall be delivered accordingly.

7.2 We are unable to provide refunds because the test kits are not suitable for return due to health protection or hygiene reasons, as per Article 28(3)(a) of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (“2013 Regs”).

7.3 It is a government requirement to meet UKAS accreditation which requires us to maintain a full chain of custody of samples so that they are traceable. Each test kit is personalised with a unique reference number for the purposes of the testing process and further personalised with a unique booking reference number (ABICA/UID number) due to government requirements for passenger locator forms. The kit is therefore exempt from refunds as per Article 28(3)(b).

7.4 Depending on the shelf life of the subject kit, the test kits are liable to deteriorate or expire rapidly and therefore they are exempt from returns under Article 28(1)(c) of the 2013 Regs.

7.5 If the test booking reference number (ABICA/UID number) has been generated by us and sent to you we cannot provide a full refund.

7.6 The Covid-19 testing kits cannot be returned to us once received by you. This is due to risk of transmission of the virus and for reasons stated at 6.2 above.

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

7.8 We will not provide a refund if you have not received your test kit by day 2 of your isolation. The day 2 and day 8 tests can be undertaken on or after day 2 and 8.

7.9 We cannot 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.

7.10 We cannot provide a refund as a result of one or more of the failures at paragraph 3 above.

7.11 You cannot terminate the contract, in accordance with paragraph 8, between us if 6.5 above has occurred.

8. Statutory Rights

Nothing in these terms or conditions excludes the liability of Abihealth as follows:

1.    for death or personal injury caused by our negligence;

2.    under section 2 of the Consumer Protection Act 1987;

3.    for fraud or fraudulent misrepresentation;

4.    by the conditions implied under section 12 of the Sale of Goods Act 1979;

5.    by the conditions implied under section 2 of the Supply of Goods and Services Act 1982.

Abihealth shall not be liable to you for any loss of profit, loss of business, loss of opportunity, loss of goodwill, or any claims for indirect compensation whatsoever, which may arise out of, or in connection with, the use of the goods or services provided. Abihealth’s total liability in contract, tort, misrepresentation or otherwise; arising in connection with the performance of these conditions, shall be limited to losses which are a foreseeable consequence of the failure to comply with these terms and conditions only.

9. Restrictions

9.1 Abihealth does not condone or encourage any breach of Covid-19 restrictions.  You must consider the current legislated position in your area at the time of booking. It is your responsibility to ensure that your Obligations under contract as listed above are not in breach of local laws or restrictions. Abihealth will not be held liable should any restrictions apply to you and you are unable to meet your obligations, this applies in circumstances where these restrictions change after the date of booking the Service, rendering you unable to perform your obligations.

9.2 If due to Covid-19 restrictions, you are not able to travel to return your sample then it is your obligation to arrange an alternative means for the sample to be returned to Abihealth or their partner laboratories to meet your timeframe.

10. How we will use your personal information

10.1 We will use the personal information you provide to us:
•    to provide Covid-19 testing services to you as detailed at paragraph 2.10 above ; and
•    to process your payment for the services.

10.2 We may also, with your agreement, use certain of the personal information you provide to us to market to you. By using our services, you agree that we may use your data relating to you on an anonymous aggregated basis.

10.3 Where you provide us with special types of personal information, we will only process such information in so far as it is necessary in order to provide you with health care or treatment or to comply with the law. We will not process this information for any other purpose without your express consent.

10.4 We will only give your personal information to third parties if it is necessary to complete the service you have requested from us, with your consent or where the law either requires or allows us to do so.

10.5 We will only retain your personal information for as long as is necessary to provide the services to you.

11. Termination of Contract

11.1 Under the Consumer Contracts Regulations 2013, you have the right to cancel this contract within 14 days without giving any reason. This only applies where contracts are agreed away from our premises or where we are not both physically present. To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Please note the termination of contract provisions are not applicable if the service has already been provided in accordance with paragraph 3 and 4 above.
You can make contact with us in one of the following ways to cancel the contract:
•    Call us on 0161 519 2999;
•    Email us: [email protected]; or
•    By post to: 15-17 Britannia Road, Sale, Manchester M33 2AA

11.2 We will refund you in line with our refund policy provided you have informed us within 14 days of ordering or paying for the service.

11.3 Notice of termination will be effective from the date and time of receipt.

11.4 Please note termination of the contract between us is subject to paragraph 4 above.

12. Rights of Third Parties

12.1 A person who is not a party to this agreement shall not be entitled to enforce any of its terms.

13. Applicable Law

13.1 Any dispute or legal issue arising from our terms of business will be determined by English law to the exclusive jurisdiction of the English courts.

14. Equality and Diversity

14.1 We are committed to promoting equality and diversity in all of our dealings with clients, third parties and employees. Please contact us for a copy of our equality and diversity policy.

15. Data Protection

15.1 We use the information you provide primarily for the provision of Covid-19 testing to you and legal and regulatory compliance.

15.2 Our use of that information is subject to your instructions, the Data Protection Act 1998, General Data Protection Regulation and our duty of confidentiality. You have a right of access under data protection legislation to the personal data that we hold about you.
Abihealth shall not be held liable for any failure to perform its obligations under this contract, if it is prevented or delayed in performing those obligations by an event of force majeure, without prejudice to the generality of the foregoing, such events may include the following:

16. Force Majeure

Abihealth shall not be held liable for any failure to perform its obligations under this contract, if it is prevented or delayed in performing those obligations by an event of force majeure, without prejudice to the generality of the foregoing, such events may include the following:

16.1 Adverse events (such as, but not limited to, fires, explosions, earthquakes, drought, tidal waves and floods);

16.2 War, hostilities (whether war be declared or not), invasion, act of foreign enemies, mobilisation, requisition, or embargo;

16.3 Rebellion, revolution, insurrection, or military or usurped power, or civil war;

16.4 Contamination by radio-activity from any nuclear fuel, or from any nuclear waste from the combustion of nuclear fuel, radio-active toxic explosive, or other hazardous properties of any explosive nuclear assembly or nuclear component of such assembly;

16.5 Riot, commotion, strikes, go slows, lock outs or disorder, unless solely restricted to employees of the Supplier or of his Subcontractors; or

16.6 Acts or threats of terrorism.

16.7 Supply or delivery restrictions arising as a result of governmental Pandemic response.

16.8 Any supply/delivery limitations arising out of an Act of Government, or with respect to any border travel, customs delay or trade restrictions arising as a result of Brexit.

17. Severability

The unenforceability or invalidity of any clause in this Agreement whether in whole or in part, shall not have an impact on the enforceability or validity of any other clause. Any unenforceable or invalid clause shall be regarded as removed from this Agreement to the extent of its unenforceability and invalidity at the finding of a competent Court.