Our Terms & Conditions

 

INDEX:

A – HOME TESTING – (Incorporating Test To Return and Click And Collect)

B – IN-CLINIC TESTING

C – PRIVACY POLICY

D – REFUND AND CANCELLATION POLICY

 

A – HOME TESTING

  1. WHO WE ARE

EUROPEAN HEALTH TECHNOLOGY LIMITED T/A Certifly™, a company registered in England under Company number 12990629 with registered office at 167-169 Great Portland Street, 5th Floor, London, England, W1W 5PF.

EUROPEAN HEALTH TECHNOLOGY LIMITED T/A Certifly™ is a government approved private provider of Covid-19 testing. Certifly™ will appoint our partner laboratory Randox Laboratories Limited t/as RCLS, a company registered in Northern Ireland under company number NI015738, whose registered office address is Ardmore, 55 Diamond Road, Crumlin, Co. Antrim, BT29 4QY to assist with our engagement and warrants that they will be held to the same accountability.

  1. SCOPE OF OUR ENGAGEMENT

2.1 Purpose: To determine the presence of COVID-19 virus including various strains/variants in a correctly, properly returned and intact swab sample if using the Home Sample Collection Kit or scanned if using the Certifly Antigen test kit.

2.2 Product: The contract of sale relates to the provision of a Certifly Antigen test kit. The Antigen test kit are medical diagnostic products which is prescribed by Government in line with Covid-19 Travel Restrictions.

2.3: “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 Product.

2.4 Home: Refers to the location that you choose to take the Certifly Antigen test kit.

2.5: These terms and conditions along with our Privacy policy will apply to our engagement. 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.

2.6: By purchasing our Product you are giving Certifly and its partner laboratories Randox Clinic Laboratory Services, and international partner clinics or sampling sites (section 13) your informed consent to perform the tests you have ordered where required or relevant. Our engagement may be facilitated by third party subcontractors, servants, or agents, professionally trained who will abide by your strict protocols, health and safety and privacy requirements.

2.8: Our Product is offered subject to availability at the time of booking. Certifly reserves the right to cancel, reschedule appointments or deliveries. Certifly is not obliged to offer refunds due to the lawful reasons noted below, but will exercise sole discretion on reimbursement, subject to extenuating circumstances.

2.10: Time is not of the essence in this contract and Certifly 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 Certifly are therefore not bound. Certifly will use its reasonable endeavours to perform its obligations detailed below as soon as practically possible.

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

  1. OBLIGATIONS OF YOU THE CUSTOMER

3.1. Provision of Sample by you for Testing using Certifly CertiFly Antigen test kits:

The sample must be taken by you in line with our operating procedures as detailed in the instructions provided to you within the kit. This includes 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 Certifly accepts no responsibility for losses arising in such circumstances

3.1.1. In order to meet these requirements, you must follow the instruction supplied with your Certifly Insert Antigen testing kits, as well as downloading “Certifly” app from from IoS App Store or Android App Store and install it on your device.

3.1.2. Customers are responsible for making sure the Certifly app is compatible with their device. After installing Certifly application, an user account has to be created. The customer is responsible for this.

3.1.3. Customers must read and follow the instructions from SARS-CoV-2 antigen Rapid test for self-testing that is included in the Antigen Test kit

3.1.4. Customers must follow the instructions provided when using the Certifly app fully. This includes submitting a photo of the Antigen test (post swabbing) to Certifly app of the Antigen result within the specific 15–30-minute window indicated in the instructions

3.1.5. For Antigen Testing using the Certifly app, it is the customers obligation to ensure that the sample is scanned clearly into the app, with sufficient time for your result to be determined and provided with a certificate

3.2. Certifly is not a travel agent and does not provide travel advice. It is your obligation to establish the requirements for travel for your journey. Different countries have different requirements. Certifly are not liable for any losses arising because you have not met your travel requirements, or If those requirements change after the date of order you have not met your travel requirements, or if those requirements change after the date of order.

 

 

  1. OBLIGATIONS OF CERTIFLY

4.1.2. For Certifly Antigen kits

4.1.2.1. Visual results will be available within 15-30 minutes of use of the Antigen test kit if instructions provided in the test kits have been followed

4.2.2.2. For a certificate of result, the results will be provided within a reasonable timeframe following in-app submission of the photo of the Certifly Antigen test (once testing has occurred) and following correct adherence to the instructions provided on the CertiFly Antigen App.

4.2.2.2.1. You acknowledge that you will receive your results to the email address provided by you when creating a profile in Certifly app. The result certificate will also be shared in Certifly app.

4.2.2.2.2. It is your responsibility to ensure that Certifly has the correct information pertaining to your email address. Certifly hold no liability nor are responsible should the email provided by you be incorrect or there is a delay / block by your email provider regarding your receipt by the results. If results are not received, Certifly are not responsible for this (change), as you are responsible for following the instructions provided on the Certifly App and within the Certifly Antigen test kits

 

4.3 Refunds and Cancellation Policy:

Due to the proficiency of our product dispatch, our logistical response to orders is instantaneous. Once an order is placed, things are set in motion which cannot be undone, and the order shall be delivered accordingly.

Certifly is unable to offer refunds for the following reasons:

4.3.1. The products 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”)

4.3.2. It is a government requirement to meet UKAS accreditation to ensure full chain of custody of samples is traceable. Each product is personalised with a unique reference number for the purposes of the testing process and further personalised with unique booking reference numbers due to government requirements for passenger locator forms The kit is therefore exempt from refunds as per Article 28(3)(b). 4.3.3. 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 4.3.4. Following government advice, on a zero-tolerance approach to fraud, criminal activity, and breaches of Covid restrictions and in the interests of Public Health Protection 4.3.5 In cases of Force Majeure as detailed in section 9 of this agreement 4.3.6 The products are a prescribed Medical Diagnostic Product, not a service, for use by the customer to facilitate their passenger transport requirements and therefore exempt from a right to cancel.

  1. RESTRICTIONS

Certifly 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. Certifly 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 Product, rendering you unable to perform your obligations.

Any individual under the age of 18 should be accompanied and supervised by an adult to assist with using the Home Test Kit or attending an appointment.

  1. LIABILITY

Nothing in these terms or conditions excludes or limits the liability of Certifly as follows: – 1) for death or personal injury caused by our negligence, or 2) under section 2 of the Consumer Protection Act 1987, or 3) for fraud or fraudulent misrepresentation, or 4) by the conditions implied under section 12 of the Sale of Goods Act 1979 or 5) by the conditions implied under section 2 of the Supply of Goods and Services Act 1982.Certifly shall not be liable to you for any loss of profit, loss of business, loss of opportunity, loss of goodwill, or any claims for direct or indirect compensation whatsoever, which may arise out of, or in connection with, the use of the goods or services provided. Where you are being provided with these goods and services as a consumer, our 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. Different limitations may apply where you have ordered testing kits for resale to third parties, or are otherwise operating as a business, and these terms are without prejudice to any separate terms that apply in that context, which would have been communicated to you at the point of sale.

 

Any time frames alluded to above are approximate only and subject to change. Time is not of the essence in this contract and Certifly do not accept any responsibility or liability for losses arising as a result of any delay, if the test result is not provided to you within your required timescale as may be set by you or any third party. Without prejudice to the generality of the foregoing, this limitation is to include claims for losses where you have been unable to travel or work.

Certifly will not be held liable for any losses arising as a result of your failure to adhere to your obligations or follow instructions as set out in this contract

  1. YOUR SAMPLE

By agreeing to these Terms & Conditions, you are providing Certifly with consent to test a sample that you have provided for the detection of SARS-CoV-2. For PCR this may be completed using a multitude of scientific methodologies, for further improvements of COVID specific testing systems and for the detection of mutations and Variants of concerns (VOCs). For PCR samples, Certifly aims and expects to securely and safely destroy all samples once all testing has been completed. It is not possible to return your sample to you. For Antigen tests, you are expected to securely and safely dispose of your sample once a successful scan has been completed following instructions provided.

  1. FORCE MAJEURE

Certifly 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:

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

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

8.3: rebellion, revolution, insurrection, or military or usurped power, or civil war;

8.4: 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;

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

8.6: acts or threats of terrorism.

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

8.8: 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.

8.9: Any changes in Government Policy that has impacted on your travel plans.

  1. SEVERABILITY AND RECTIFICATION

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.

In case of any mistake in this Agreement, including any error, ambiguity, illegality, contradiction or omission, this Agreement shall be interpreted as if such mistake were rectified in a manner which implements the intent of the parties as nearly as possible as effects substantial fairness, considering all pertinent circumstances.

  1. CONFIDENTIALITY

Aside from any legal obligations to the contrary, or disclosure of results by you to third parties, the nature of this transaction and agreement is strictly private and confidential. Any disclosure by you to non-permitted third parties, on any platform, regarding the dealings of the parties to this agreement, or the agreement terms itself, will be considered a breach of this clause. In such an event, Certifly reserves the right to enforce the terms of this agreement to the full extent of the Law against you, should it be deemed necessary by Certifly. Such proceedings may include claims for defamation, injunctive relief and pursuit of damages and reasonable legal costs associated, in the event of a legal basis for a claim arising.

  1. GOVERNING LAWS AND JURISDICTION

The governing laws of this agreement are the Jurisdiction where the Contract was deemed to be performed.

  1. TEST TO RETURN TRAVEL PACK VARIATIONS

This provision is relevant only if you have ordered a Return Travel Package.

12.1. All International travel voucher codes are non-refundable, non-transferable as they are personalized to the customer, specific to the customer’s chosen country and, therefore cannot be refunded or redeemed In other countries outside the chosen package ordered by the customer

12.2. Entry requirements differ from country to country and may be subject to change with very little notice so please check the UK government site regularly before your travel

12.3. Each passenger is responsible for checking and conforming with the entry and exit requirements at their arrival and return destinations. Please be aware that if you fail to comply with these requirements you may not be able to travel or be allowed to enter your destination

12.4. The international testing services referenced on this page are performed by a third party international partner clinic and are not being advertised by Certifly as a testing service performed by Certifly

12.5. Certifly is not responsible for the quality, timing or results of any third-party testing performed by international partner clinics and any impact this may have on your ability to travel. Opening hours and locations of the test clinics are not the responsibility of Certifly. Customers should pay close attention to the opening hours of the clinics and ensure tests are arranged according to clinic opening hours and the relevant return to the UK travel window for the chosen country

12.6. Where an online booking or notification of appointment is required in order to redeem an international test voucher code while abroad through our international partner clinics, we strongly advise customers to arrange this prior to travelling to their destination

12.7. Test dates and times are the responsibility of the traveller and Certifly is not responsible if the customer decides to attend a test outside the relevant UK travel window.

12.8. Certifly do not accept any responsibility or liability for losses arising as a result of any delay from the third-party testing provider, if the test result Is not provided to you within your required timescale as may be set by you or any third party. 13.9. Customers should direct all communication regarding their International test performed by the International partner clinic while abroad directly to their chosen International partner clinic. 13.10. In the event of an unclear or VOID test or any confirmation retests alerted to the customer by the International partner clinic, the customer should communicate directly with and discuss with the International partner clinic. Certifly hold no liability for an unclear or VOID test and cannot offer assistance if this occurs. 13.11. In the event of a positive test the customer should refer to local government guidelines of the country where the customer Is situated. 13.12. Possession of a test certificate to enable travel back to the UK is the responsibility of the customer. Certifly cannot reproduce any test certificates produced by our third-party International partner clinic. Certifly cannot assist you should you lose your test certificate

  1. CERTIFLY VARIATIONS

This provision is relevant only if you have ordered an Certifly Antigen test kit or Rapid Antigen pack to be used in conjunction with the Certifly app.

15.1. The Certifly App must be downloaded by the customer if customer wishes to generate a result certificate. It is the customers responsibility to ensure that their device is suitable for use of the CertiFly app.

15.2 The customer is responsible for carrying out the Certifly Antigen testing and ensuring the CertiFly app instructions are followed correctly. Certifly do not accept any responsibility or liability for losses arising as a result of any delay in the certification being provided

15.3 Certifly samples are not to be sent to Certifly for testing. These are self-administered Tests. Certificates for results can only be provided if the customer uses the CertiFly app.

15.4 Each passenger is responsible for checking and conforming with the entry and exit requirements at their arrival and return destinations. Please be aware that if you fail to comply with these requirements you may not be able to travel or be allowed to enter your destination

15.5 The customer is responsible for ensuring the country/ location certificate is suitable for travel in line with the entry /exit requirements at their arrival and return destinations. Certifly are not responsible for this.

15.6 You are responsible for completing all profile registration requirements on the CertiFly app. The customer is responsible for reviewing and confirming all information is correct.

Certifly cannot amend or change and information the customer has provided into the CertiFly app.

15.7. Certifly do not accept any responsibility for losses arising should the test result not be provided to you within your required timescale.

15.8. In the event of an unclear or VOID test result the customer must carry out another test at their own cost. Certifly hold no liability for an unclear or VOID test and do not offer assistance if this occurs.

15.9. In the event of a positive test the customer should refer to local government guidelines of the country where the customer is situated

 

 

 

C – PRIVACY POLICY

AS UPDATED AUGUST 2021.

 

Who We Are

Certifly ™, a company registered in England under company number 9102173 with registered office at 5 Finsbury House, 23 Finsbury Circus, London, EC2M 7EA

Certifly ™ is a government approved private provider of Covid-19 testing. Certifly ™ will appoint our partner labs to assist with our engagement and warrants that they will be held to the same accountability

As a customer of Certifly, we will collect what is known as personal data about you. Personal data is information from which you, as an individual, can be identified. This policy outlines how the relevant Certifly company you interact with will use, store and protect any personal data that you provide or that we otherwise hold about you when using Certifly COVID-19 testing.

Where you have obtained your COVID-19 test privately, then the relevant controller of personal data (i.e. the organisation that decides the purposes for which and the way in which your personal data is dealt with) will be Certifly.

 

Unless indicated otherwise, this policy sets out how Certifly will use, store and protect any personal data we collect or generate about you for both private tests and public tests.

This version three of this policy was last updated on 9 August 2021. Historic versions of this policy can be obtained by contacting us.

What Personal Data Do We Collect or Hold About You

We will collect personal data as part of our online testing kit registration process. Registration is essential for all testing and reporting of results to proceed, and it is essential that you complete these details, and confirm your acceptance of this policy, personally.

The information we collect during registration includes:

The unique registration number (URN) on your test kit (it is very important that this is recorded correctly to ensure that your sample is correctly matched to your online registration);

Your name;

Your date of birth;

Your gender;

Your email address (it is very important that this is recorded correctly so that your results are sent to the right email address);

Your country / nationality;

Your telephone number;

The date your sample was collected;

Your full home address (including postcode);

Your national insurance number (optional); and

Your NHS / employee number (if applicable).

Your Vaccination Status

We will not collect any information which we, or relevant third parties, do not need.

It is important that the personal data we hold about you is accurate and current, and we cannot be held responsible for incorrect data that is provided by you. Please keep us informed if your personal data changes during your relationship with us.

If you fail to properly provide all requested data or provide incorrect data we may be unable to provide testing or notify you of your results. There is also a risk that third parties could be inadvertently provided with your data if, for example, you have not correctly entered your email address, or your email servers are compromised.

How Do We Use That Information?

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data on one or more of the following grounds:

 

Where we need to perform the contract that we have entered into with you (in the case of Certifly in respect of private tests).

Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests

Where we need to comply with a legal obligation (including the terms of our contract with the DOH, POCT or DHSC).

 

We do not rely on consent as a basis for processing your personal data, unless you have requested a private COVID-19 test from Certifly, in which case you may withdraw your consent to processing at any time by contacting us using the details below. Any payments made for testing are non-refundable, as explained in our terms and conditions.

Where we are using your personal data that identifies your health data, we are doing that either on the basis of your explicit consent, your vital interests, for public interest, medical diagnostic reasons or preventative or occupational health reasons.

Generally, Certifly will use the data you provide to evaluate samples for COVID-19 and notify the results to you as the registered user of the kit via the Report. A copy of the Report will be sent by email to the email address you provided to us when you signed up through our registration portal.

After your sample has been posted to us, please make sure to regularly check your emails (including any junk or spam folder) for any email attaching the Report. Please note that we are not responsible for the security of any domains in respect of email addresses you have given us. If you believe you have received a Report in error, please contact us at customer.support@Certifly.app immediately.

Additional information, including home address, is necessary for notifying the relevant public health or other Government authorities of the results of your test, if we are requested to do so.

As a controller or processor of personal data, Certifly and its affiliated companies must process your information fairly and lawfully. We will also process your data in accordance with the instructions of the DOH and the terms of our contract with our lab partners where relevant.

We also collect, use and share Aggregated Data for any purpose. Aggregated Data could be derived from your data but is not considered personal data as this it will not directly or indirectly reveal your identity.

We will not use any personal data that we collect for marketing purposes unless you have separately signed up to receive marketing communications from us.

Who Do We Share It With?

Certifly will not generally share personal data about you with other organisations or people, unless permitted or required by law, you have provided consent, or a third party is required to perform our obligations of contract (in such circumstances, the third party will be bound by similar data protection requirements). Nor do we transfer your personal data outside of the UK.

That said, please note that your data (including your test results) may be available to other companies within the Certifly groups of companies or other governmental authorities for the purposes of, among other things, contact tracing and infection control.

Where possible, we require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and we only permit them to process your personal data for specified purposes and in accordance with our instructions.

In respect of NHS testing results, please note Certifly Labs acts as a processor on behalf of the DOH, so has no control over what the DOH chooses to do with your personal data or who it is shared with by DOH.

How Long Do We Keep Personal Data?

We must keep all personal data safe and hold it for no longer than is necessary in line with our legal obligations.

We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

Where you are a private patient, Certifly will hold your data for a minimum of six years for liability purposes. We review the personal data we hold on a regular basis.

 

 

D – REFUND AND CANCELLATION POLICY

A – HOME TEST KITS

Refunds and Cancellation Policy:

Due to the proficiency of our product dispatch, our logistical response to orders is instantaneous. Once an order is placed, things are set in motion which cannot be undone and the order shall be delivered accordingly.

Certifly is unable to offer refunds for the following reasons:

The products 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”)

It is a government requirement to meet UKAS accreditation to ensure full chain of custody of samples is traceable. Each test Kit is personalised with a unique reference number for the purposes of the testing process and further personalised with unique booking reference numbers due to government requirements for passenger locator forms The kit is therefore exempt from refunds as per Article 28(3)(b).

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

The test kits are a prescribed Medical Diagnostic Product, not a service, for use by the customer to facilitate their passenger transport requirements and therefore exempt from a right to cancel.

Following government advice, on a zero-tolerance approach to fraud, criminal activity, and breaches of Covid restrictions

In the interests of Public Health Protection

In cases of Force Majeure as detailed in these terms.

 

REFUND

  1. Current Terms and Conditions guide the application of refunds. Refunds are positively assessed for:

 

A – Outbound Home Sample Collection Kits. When:

Kits have not been delivered within target timelines. (will aim to rectify by arranging an appointment at one of the Certifly testing sites).

Kits have not been delivered as per original order within target timelines (ie missing product – will aim to rectify or arrange alternative appointment at one of Certifly testing sites).

Kits have been delivered with components missing (ie missing components – will aim to rectify or arrange alternative appointment at one of Certifly testing sites).

Kits have not been delivered as per original order within target timelines (ie incorrect product – will aim to rectify or arrange alternative appointment at one of Certifly testing sites)

Acceptance of an error by Certifly in the order process/duplicate order processed.

B – Provision of Results. When:

The timeframe between confirmed sample receipt and sample result is unacceptably delayed impacting the customer. Will aim to rectify or arrange alternative appointment and subsequent retest at one of Certifly testing sites.

An incorrect result has been provided or a result recalled impacting the customer. Will aim to rectify or arrange alternative appointment and subsequent retest at one of Certifly testing sites.

C – Additional Consideration

Additional latitude for refunds, beyond the published Terms and Conditions, is available and cleared by management on a case-by-case basis in order to maintain goodwill or in perceived circumstances of unfairness.