Our Terms for the Provision of Testing Services

Created by Javier Fernández Goitia, Modified on Fri, 11 Nov 2022 at 01:45 PM by Javier Fernández Goitia

MELIO HEALTH UK LTD: OUR TERMS FOR PROVISION OF TESTING SERVICES

THESE TERMS
1. What these terms cover. These are the terms and conditions on which we supply services to you.
2. Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products 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.
INFORMATION ABOUT US AND HOW TO CONTACT US
1. Who we are. We are Melio Health UK Limited, a company registered in England and Wales. Our company registration number is 12557915 and our registered office is at c/o Mark Davies & Associates Limited, City Tower, 40 Basinghall Street, London EC2V 5DE.
2. How to contact us. You can contact us by telephoning our customer service team at 0333 772 9172 or by writing to us at customer_support@meliohealth.com or C/O Mark Davies & Associates Limited City Tower, 40 Basinghall Street, London, England, EC2V 5DE.
3. How we may contact you. If we need 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.
4. “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
OUR CONTRACT WITH YOU
1. How we will accept your order. Our acceptance of your order will take place when you complete your on-line order by accepting these terms and making payment for the services ordered. At this point a contract will come into existence between you and us.
2. 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 product/service. This might be because the test 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 product.
3. 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.
4. We only sell to the UK. Our website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from addresses outside the UK.
5. Age restrictions: our blood tests are only for customers over 16 years old. Our Covid-19 PCR test are available to customers of any age. Those over the age of 12 can provide consent themselves for the PCR test, however for a child 12 years or under we will require the consent of a parent or legal guardian at the point of testing
6. Identity documents. In order to have any test, you will be required to present at the test appointment suitable proof of identification (passport, national identity card bearing a photo, current UK or EEA driving licence bearing a photo). Only original documents are accepted.
7. IMPORTANT - Covid-19 symptoms: if you have symptoms of Covid-19 please do not go for your test. You should stay at home and follow relevant local advice.
OUR PRODUCTS
1. Products may vary slightly from their description on our website but will conform with the purpose for which they are intended.
2. Making sure your health information is accurate. Our medical professionals use the information you have given us to provide you with comments on your results. You are responsible for ensuring that this information is correct.
3. Covid-19 PCR tests for overseas travel. Please check the requirements of your destination before booking your test to ensure it is suitable for you. Note that we are not responsible for missed flights or any other related costs in the event of (i) a delay in your test result; (ii) an inconclusive test result; (iii) a positive test result.
4. Comments on test results. Our medical professionals will (where included in the service ordered) provide comments on your test results. Please note that these are indicative only, not based on a full medical history, and are not a substitute for a full medical examination. Accordingly, neither we nor our medical professionals will be liable for the consequences of any commentary provided.
5. Responsibility for results. Our responsibility is to provide the tests you have ordered. We have no responsibility for the consequences of, or any losses or damages or costs that you suffer as a result of, any test results.
YOUR RIGHTS TO MAKE CHANGES
1. If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8: Your rights to end the contract).
OUR RIGHTS TO MAKE CHANGES
1. Minor changes to the products. We may change the product:
  1. to reflect changes in relevant laws and regulatory requirements; and
  2. to implement minor technical adjustments and improvements. We will minimise any potential impact on the services you receive.
PROVIDING THE PRODUCTS
1. When we will provide the service. During the order process we will let you know when you can expect the results of your test. Note that we cannot guarantee timings for test results owing to the possibilities of delays in delivery, in laboratory processes, or in samples proving insufficient for testing or faulty.
2. If you have booked an appointment. We will begin the services on the date we accept your order. The estimated completion date for the services is as told to you during the order process.
3. We are not responsible for delays outside our control. If our delivery of the services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products or services you have paid for but not received.
4. If you do not allow us to provide services. If you do not attend your appointment to permit us to perform the services as arranged we will not refund you, but you may rebook at additional cost.
5. What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, personal or medical information. If so, this will have been stated in the description of the products on our website. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need.
YOUR RIGHTS TO END THE CONTRACT
1. You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
  1. If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or have a service re-performed or to get some or all of your money back), see Clause 11;
  2. If you want to end the contract because of something we have done or have told you we are going to do, see Clause 8.2;
  3. If you have just changed your mind about the product, see Clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;
  4. In all other cases (if we are not at fault and there is no right to change your mind), see clause 8.6.
2. Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
  1. we have told you about an upcoming change to the product or these terms which you do not agree to;
  2. we have told you about an error in the price or description of the product and you do not wish to proceed;
  3. there is a risk that supply of the products may be significantly delayed because of events outside our control;
  4. we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than one week; or
  5. you have a legal right to end the contract because of something we have done wrong.
3. Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
4. When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:
  1. Any test which has already been carried out; even if the cancellation period is still running;
  2. Any appointment, save if you cancel more than 24 hours before the appointment time.
5. How long do I have to change my mind? You have 14 days after the day your order is completed to cancel. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel later than 24 hours before your appointment, you will not receive a refund.
6. Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind, you can still end the contract before it is completed, but you may not receive all your money back. If you want to end a contract before it is completed just contact us to let us know. You will receive a full refund if you cancel your appointment at least 24 hours before the start of the appointment. If you cancel after that time we cannot offer a refund.
HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
1. Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
  1. Phone or email. Call customer services on 0333 772 9172 or email us at customer_support@meliohealth.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
  2. Online. Request to end the contract using our live chat function during working hours on weekdays, Monday to Friday, 08:00-18:00 excluding bank holidays.
  3. By post. Simply write to us at C/O Mark Davies & Associates Limited City Tower, 40 Basinghall Street, London, England, EC2V 5DE, including the details of your test, your full name and address and your reasons for cancelling the test.
2. When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then we will make the refund within 14 days of your telling us you have changed your mind.
OUR RIGHTS TO END THE CONTRACT
1. We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
  1. you do not make any payment to us when it is due and you still do not make payment within 2 days of us reminding you that payment is due;
  2. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, the medical information required for interpretation of your test results;
2. We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know as soon as possible and will refund any sums you have paid in advance for products which will not be provided.
IF THERE IS A PROBLEM WITH THE PRODUCT
1. How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 0333 772 9172 or write to us at customer_support@meliohealth.com or Melio Health UK Ltd, C/O Mark Davies & Associates Limited City Tower, 40 Basinghall Street, London, England, EC2V 5DE.
2. Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
  1. This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
  2. See also clause 8.3.
  3. If your product is services, for example the tests we provide, the Consumer Rights Act 2015 says:
    1. You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.
    2. If you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.
    3. If you haven’t agreed a time beforehand, it must be carried out within a reasonable time.
PRICE AND PAYMENT
1. Where to find the price for the product. The price of the product (which includes VAT where ) will be the price indicated on the order pages when you placed your order.
2. We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
3. When you must pay and how you must pay. We accept payment with all standard UK credit and debit cards. We require payment in full when the order is made.
4. What to do if you think we have charged you incorrectly. If you think a payment is wrong please contact us promptly to let us know.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
1. We are responsible to you if we break our contract. 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 or where the cause is out of our control. A cause would be out of our control if, for example, a delivery is disrupted or a laboratory is unable to carry out a test owing to a fault in the sample, or other reasons outside of our control provided we have used reasonable care and skill in selecting the testers, delivery services and laboratories (as appropriate) that we work with.
2. Losses due to missed travel. Although we use reasonable endeavours to provide test results that are required for overseas travel within the time stated, our liability if your travel is disrupted is limited to a refund of the test price you have paid unless we have been negligent in our carrying out of the service.
3. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products.
4. We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
HOW WE MAY USE YOUR PERSONAL INFORMATION
1. How we may use your personal information. We will only use your personal information as set out in our https://meliohealth.zendesk.com/hc/en-gb/articles/360009374837-Privacy-Policy.
2. Consent for test centres and laboratories. You confirm that we have your consent to transmit your personal information to the centre or clinic where your sample will be taken or your test carried out, as well as to the courier, to the laboratory, and to our medical professional. We transmit the minimum information required on each occasion.
OTHER IMPORTANT TERMS
1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation, but you may terminate the contract if that has any detrimental effect on the services provided to you.
2. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. If we agree, additional fees may apply if we have already carried out work on the services.
3. Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. 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.
4. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
5. 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. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
6. Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

THE SCHEDULE

MODEL CANCELLATION FORM

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

To Melio Health UK Ltd, C/O Mark Davies & Associates Limited City Tower, 40 Basinghall Street, London, England, EC2V 5DE

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/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 appropriate