4.3 Refunds/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.
Duality Health Ltd is unable to offer refunds for the following reasons:
4.3.1 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”)
4.3.2 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).
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 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
Duality Health Ltd 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. Duality Health Ltd 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.
If due to Covid 19 restrictions, you are not able to travel to return your sample to Duality Health Ltd or to our laboratory partner then it is your obligation to arrange an alternative means for the sample to be returned to the laboratory to meet your timeframe.
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.
Nothing in these terms or conditions excludes or limits the liability of Duality Health Ltd 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. Duality Health Ltd 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 Duality Health Ltd 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.
Duality Health Ltd 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.
7. PERSONAL INFORMATION
8. YOUR SAMPLE
By agreeing to these Terms & Conditions, you are providing Duality Health Ltd and our partner laboratory with consent to test a sample that you have provided for the detection of SARS-CoV-2. 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). Duality Health Ltd and their laboratory partner aim and expect to securely and safely destroy all samples once all testing has been completed. It is not possible to return your sample to you.
9. FORCE MAJEURE
Duality Health Ltd 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:
9.1 Adverse events (such as, but not limited to, fires, explosions, earthquakes, drought, tidal waves and floods);
9.2 war, hostilities (whether war be declared or not), invasion, act of foreign enemies, mobilisation, requisition, or embargo;
9.3 rebellion, revolution, insurrection, or military or usurped power, or civil war;
9.4 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;
9.5 riot, commotion, strikes, go slows, lock outs or disorder, unless solely restricted to employees of the Supplier or of his Subcontractors; or
9.6 acts or threats of terrorism.
9.7 Supply or delivery restrictions arising as a result of governmental Pandemic response.
9.8 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.
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.
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, Duality Health Ltd 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 Duality Health Ltd. 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.
12. GOVERNING LAWS AND JURISDICTION
The governing laws of this agreement are the Jurisdiction where the Contract was deemed to be performed.