Terms and Conditions of Service: At home sample collection kits and processing
These terms and conditions (“Terms”) determine products (“Sample Collection Kits”) and associated services (“Services”) made available on MyHealthChecked (the “Website”) and application (the ”App”) operated by Concepta Diagnostics Limited (“we/us/our”) or bought instore or online through one of our partners.
Our Sample Collection Kits are available for purchase for residents based within mainland United Kingdom, and excludes Republic of Ireland, the Channel Islands, Isle of Man, Isle of Wight, Isles of Scilly, the Scottish Isles
1. Acceptance of Terms & Our Services
1.1 Please read these Terms carefully. By purchasing instore or by placing an order through our Website and/or registering your Sample Collection Kit you agree to use the Services in accordance with these Terms. The Terms govern the supply of our Sample Collection Kits purchased online through our Website and the processing and return of your results as described on the particular Sample Collection Kit order page our Website. For the avoidance of doubt, Sample Collection Kits purchased from our partners, whether instore or online are governed by the relevant partner’s terms and conditions. All Services however are governed by these Terms, whether in relation to Sample Collection Kits purchased from our partners or from us. The Services include but are not limited to providing a sample for specific laboratory processing, data analysis, interpretation of results, reporting of results, and uploading of your results onto your user account on our Website and/or app.
1.2 By purchasing a Sample Collection Kit from us and/or being provided with the Services, you agree to and understand these Terms. You may not use the Services if you do not accept these Terms. Please note you will be asked to agree to these Terms upon purchase and/or Sample Collection Kit registration.
1.3 To utilise the Services associated with the Sample Collection Kits offered by us you must obtain internet access directly or through devices that access web-based content and pay any associated fees. You will need to create an online account which must be use solely by you. You are responsible for keeping your account details confidential and secure, including any identification codes or passwords required to access your account. If you suspect that a third party has gained unauthorised access to your account, please contact us immediately.
1.4 If any of the information you have submitted is inaccurate, incomplete, or has changed, it is your responsibility to amend the information or notify us. You can correct errors during the booking process up until you activate your Sample Collection Kit. After that point, please inform us of any changes by contacting us using thecontact information provided. We will use the contact details you provide to reach you. Please note that we are not responsible if we are unable to contact you due to incorrect or incomplete contact details.
1.5 We are dedicated to evolving as scientific knowledge and technology advances, and to maintaining standards that are compliant with relevant laws and regulations. As the user you acknowledge and agree that the nature of the services which we provide as described on the Website may change from time to time without prior notice to you in order to continually innovate. You acknowledge and agree that we may pause or cease provision of some services without prior notice to you to deal with technical issues, make minor technical adjustments, comply with relevant laws and regulations. You may stop using the services at any time. You do not need to specifically inform us when you stop using the Services. Concepta Diagnostics Limited assumes no responsibility for the use of services outside these Terms.
2. Privacy Policy
It’s important to us that you read and understand our Privacy Notice which details how we collect and utilise customer information. You must explicitly consent to us processing your personal data as we inform you in our Privacy Notice to use our services. Our Privacy Notice can be viewed at Privacy Notice .
3. Medical Advice
3.1 It is your responsibility to make an informed decision based on your independent judgement regarding whether or not to follow the guidance provided by us.
3.2 It is strongly recommended that you discuss the information with your registered general practitioner at your registered practice. The Services provided in relation to the Sample Collection Kits including your test results, as well as any articles, and resources, are not intended as a substitute for the advice provided by your own general practitioner, physicians or other health care providers, and may not take your complete individual health situation into account.
3.3 You shall not use any of our products, services or the Website in isolation to diagnose a health problem or disease, or as a means of determining treatment.
3.4 You acknowledge that the only health advice you will be receiving will be from your general practitioner, physician or other health care provider, and not from us.
3.5 You must only use products purchased from us in accordance with the guidance or instructions provided on the packaging. If you are unsure about using any product, please consult with your general practitioner, physician or other health care provider.
4. Product Fee & Payment
4.1 The unit price of any Sample Collection Kit and Service available for purchase will be quoted on the relevant Sample Collection Kit page on our Website or on our partners’ websites or in the applicable store. These prices may vary for promotional offers, vouchers/coupons or periodic sales. We reserve the right to withdraw or terminate any of our promotion offers at any time or where fraud is suspected. All fees are inclusive of Value Added Tax (VAT). Delivery charges will be quoted if applicable.
4.2 We accept all payment types offered at our online checkout. By placing an order you confirm that all payment and personal details provided are accurate and valid.
5. Delivery
5.1 All orders are shipped as soon as possible. We aim to dispatch all orders within 1-2 business days of orders being placed. Weekends are not considered as business days.
5.2 We will notify you in the unlikely event of any exceptional circumstance, out of stock products or delays in transit relating to providing you with your order.
5.3 The results of the analysis of your sample derived from your registered Sample Collection Kit are aimed to be within the timeframe set out in the description in the relevant Sample Collection Kit order page of the Website, the time is calculated from us receiving your sample at our partner lab.
5.4 For the avoidance of doubt, we do not guarantee that your results will be returned to you within the timeframe described in the relevant Sample Collection Kit Order page, however we will contact you should there be any undue delay.
5.5 If a Royal Mail prepaid label is enclosed as part of your order, you may use this to return your sample to us. This service is provided by Royal Mail, and as such we are not responsible for any transit delays as these would be outside of our control. For the avoidance of doubt, you may choose to make alternative arrangements to return your sample to the laboratory for processing, however, in this scenario these samples are sent entirely at your own risk.
5.6 If your Sample Collection Kit is necessary for travel, you understand and agree that it is your responsibility to ensure that you have calculated the time frames necessary so that you receive your results in good time before you travel, to include any reasonable delay. This is not our responsibility and we are not liable for any loss or damage as a result of such delay, as set out in further detail in clause 12.
6. Cancellation & Returns
6.1 You have a legal right to change your mind within 14 days from when we deliver your order of your online purchase of a Sample Collection Kit from our Website and receive a refund of what you paid for it, including the delivery costs. However, as Sample Collection Kits are sealed for health protection or sterile purposes, once these have been unsealed after you receive them, then unless faulty we are unable to provide a refund. All requests for cancellation must be submitted using the contact form on the contact us page.
6.2 For cancellation requests state ‘Cancellation Request Order#’ within the subject line. Please provide the order number (Order#) provided upon order submission. Once your request has been submitted we will contact you by email with instructions on how to process your request.
6.3 Where a Sample Collection Kit is purchased in store or online through one of our partners, please refer to that store’s terms for cancellation and refund of those Sample Collection Kits.
7. Termination
7.1 If you wish to terminate your legal agreement with us you may do so by submitting your request to Concepta Diagnostics Limited, on the contact form on the ‘Contact Us’ page on our Website. We will send an email to the email address linked to your user account asking you to verify your request. Upon confirmation we will process your request to delete your data, and you will no longer be able to use your account. See Concepta Diagnostics Limited’s Privacy Notice for further details.
7.2 If you are cancelling for one of the following reasons, you will be entitled to a full refund and may be entitled to compensation:
7.2.1 We have informed you of a significant change to the service that you have not agreed to
7.2.2 We have advised of a significant risk to the service which is outside of our control
7.2.3 We notify you that we have suspended the service to technical or legal regulatory reasons, or intend to suspend the service for longer than 12 weeks.
7.3 We may write to let you know that we are ceasing the provision of the service and we will refund you for any fee paid in advance including the purchase of the Sample Collection Kit.
8. Changes to Terms & Conditions
We may revise and update these Terms from time to time. Any changes to our Terms will be posted on our Website. By purchasing our Sample Collection Kits and Services we accept you agree to any changes to these Terms.
9. Disclaimers
9.1 You as the user, acknowledge and agree that Concepta Diagnostics Limited and any of its licensors own all legal right, title, and interest in and to the Sample Collection Kits and Services, including any intellectual property rights which subsist. You also acknowledge that the Sample Collection Kits and Services may contain information which is designated confidential by Concepta Diagnostics Limited and that you shall not disclose such information, other than to your health care professionals without Concepta Diagnostics Limited’s prior written consent.
9.2 You further acknowledge and agree that the Sample Collection Kits and Services and any necessary software used in connection with the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You also acknowledge and agree that information presented to you through the Services is protected by copyrights, trademarks, patents or any other proprietary rights and laws.
9.3. Our Sample Collection Kits and Services are not intended to diagnose, treat, cure or prevent any diseases or disorders, nor is the information supplied via our Services or on our Website or App or other material, a substitute for medical advice, or intended to replace the individual advice available from your own doctor. You should always seek the advice of your doctor with any questions you may have regarding test or health information. If you have a recurring or a medically diagnosed health condition that concerns you, you agree to seek medical advice from your GP (General Practitioner) before making significant lifestyle changes.
10. Waivers
10.1 The laboratory may not be able to process your sample if your sample does not contain a sufficient amount of material for analysis (depending on the test type), you do not provide enough sample, or the results from processing do not meet our standards for reliable results. The laboratory process may result in errors. If the initial processing fails for any of these reasons, Concepta Diagnostics Limited will reprocess the same sample at no additional charge to the user. If the second attempt to process the same sample fails, Concepta Diagnostics Limited, at their sole discretion, may offer to send another Sample Collection Kit to the user for a second collection.
If the user’s second sample is again unsuccessful in processing, then Concepta Diagnostics Limited may not send additional collection Sample Collection Kits to the user.
If the user breaches this policy agreement and resubmits another sample through a future purchase of the Service and processing is not successful, Concepta Diagnostics Limited will not offer to reprocess the sample or provide the user with a refund. Although extremely rare a small, unknown fraction of the data generated during the laboratory process may be un-interpretable or erroneous. As this possibility is known in advance, users are not entitled to refunds where these exceptional errors occur.
10.2 The failure of Concepta Diagnostics Limited to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
10.3 These Terms constitute the entire agreement between you and Concepta Diagnostics Limited and govern your use of Sample Collection Kits purchased from us and the Services, superseding any prior agreements between you and Concepta Diagnostics Limited on this subject. You also may be subject to additional terms and conditions when you use affiliate services, third-party content or software. You may not assign or delegate any rights or obligations under this Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, Concepta Diagnostics Limited for any third party that assumes our rights and obligations under this Agreement.
10.4 If you violate these Terms or Concepta Diagnostics Limited has a reasonable ground to suspect that you have violated these Terms Concepta Diagnostics Limited has the right to suspend or terminate your account and refuse any current or future use our Services.
11. Proprietary Rights
MyHealthChecked and Concepta Diagnostics Limited products and services are an UKIPO trademark of Concepta Diagnostics Limited along with any other brand features. You agree that you shall not remove, obscure, or alter any proprietary rights notices including copyright and trademark notices that may be associated with or contained within the Service.
12. Notices
Concepta Diagnostics Limited notices will be made by either email to the email address provided upon Sample Collection Kit registration, by post to the address provided upon placing an order on MyHealthChecked or posted on our Website. Notices to Concepta Diagnostics Limited must be provided by using the contact form on the ‘Contact Us’ page on our Website.
13. Our Liability
13.1 If we fail to comply with these terms, we are only responsible for refunding you the cost of the Sample Collection Kit excluding postage and delivery costs.
13.2 We are not liable or responsible for, but not limited to,
a) wasted expenditure;
b) any costs or fees related to cancelled, delayed, missed or rescheduled flights;
c) costs incurred for non-MyHealthChecked tests, additional or otherwise
d) hotel, food and drink costs and charges;
e) car parking costs;
f) delays in travel and associated costs;
g) inconvenience or wasted time;
h) loss or earnings;
i) any business losses;
j) unforeseen additional expenditure; or
k) any indirect or consequential losses.
13.3 Where you have requested an instore phlebotomy (blood drawing) service undertaken through one of our partners’ instore facilities in order to provide your sample for our Services, then we are responsible for the delivery of that service.
13.4 We do not exclude or limit our liability to you where it would be unlawful to do so, such as but not limited to, for death or personal injury caused by our negligence.
14. Other Important Terms
14.1 We may transfer our rights and obligations under these Terms to another organization.
14.2 You may not transfer your rights and obligations under these Terms to another person.
14.3 This contract is between you and Concepta Diagnostics Limited. No one else has any rights under this contract and no other person can enforce any of its Terms.
14.4 If any part of these Terms is found to be invalid, illegal, or unenforceable for any reason, it will not affect any other provision of this agreement, and this agreement will be interpreted as if such invalid, illegal, or unenforceable provision or provisions had never been included.
14.5 If any court or relevant authority finds any part of these Terms unlawful, the remaining provisions will remain in full force and effect as each paragraph of these Terms operates separately.
14.6 If we do not immediately insist that you do anything required under these Terms or delay in taking steps against you for breaching this contract, it will not waive our right to take action against you at a later time.
14.7 These Terms are governed by the laws of England and Wales, and any legal proceedings related to the products or services can only be brought in the courts of England and Wales.
February 15 2023