Terms & Conditions

Please familiarise yourself with our terms & conditions below. Continuing with a booking is indicative of acceptance of these terms, conditions & practice policies.

Terms & Conditions Part 1

If you have any questions regarding Terms and Conditions for our PCR products or services that relate to Covid-19 kits or travel packs please contact us here

 

1. WHO WE ARE

Duality Health Ltd trading as Duality Health. Registered in Northern Ireland. Company No: NI646930. Registered Office: 6 Mandeville Mews, Portadown, Craigavon, BT62 3NS

Duality Health Ltd is a government approved private provider of Covid-19 testing. Duality Health Ltd will appoint our partner laboratory Randox Laboratories Limited to assist with our engagement. Our partner laboratory accepts and processes samples at the following address: Randox Laboratory, Randox Science Park, 30 Randalstown Rd, Antrim BT41 4LF

 

2. SCOPE OF OUR ENGAGEMENT

2.1.1 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.
2.1.2 Product: The contract of sale relates to the provision of a PCR test kit, this sample collection kit is a medical diagnostic product which is prescribed by Government in line with Covid-19 Travel Restrictions.

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 Product.
2.3 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.
2.4 By purchasing our Product you are giving Duality Health Ltd and its partner laboratory, your informed consent to perform the tests you have ordered.  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.
2.5 Our Product is offered subject to availability at the time of booking. Duality Health reserves the right to cancel, reschedule appointments or deliveries. Duality Health is not obliged to offer refunds due to the lawful reasons noted below, but will exercise sole discretion on reimbursement, subject to extenuating circumstances.
2.6 Please note that Duality Health does not arrange collection from your address. If you are purchasing a Home Test Kit, it is your obligation to arrange for the Home Test Kit to be returned to Duality Health or our partner laboratory to fit your time scale. Such time scale or time frame is your prerogative, and not the obligation of Duality Health.
2.7 Time is not of the essence in this contract and Duality Health do not accept any responsibility or liability for any losses arising if the test result is not provided to you within your required timescale. Duality Health and our partner laboratory will use their reasonable endeavours to perform its obligations detailed below as soon as practically possible.
2.8 Duality Health recommends the use of our courier system if available to you but please note that this is by way of a gesture of goodwill.  These couriers are not acting as employees, servants, or agents of Duality Health Ltd, and as such, do not have any actual or ostensible authority on behalf of Duality Health Ltd, nor will vicarious liability for their actions attach to Duality Health Ltd.  Duality Health will not be held responsible for their service with regard to the delivery of Samples to our partner laboratory 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 Duality Health obligations under contract impossible and you are therefore committing a repudiatory breach. In such circumstances, Duality Health is entitled to accept your repudiation and choose to be no longer bound by the contract and relinquish all and any liability that Duality Health may have had to you in relation to our Product.

 

3. OBLIGATION OF YOU THE CUSTOMER

3.1 Provision of Sample by you for Testing by Duality Health & our Partner Laboratory: The sample must be taken by you in line with our operating procedures as detailed in the instructions provided to you, 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 our partner laboratory accepts no responsibility for losses arising in such circumstances.

3.2 In order to meet these requirements you must follow the instruction supplied with your testing kits:
3.2.1 Intended Use
3.2.1.1.11 The COVID-19 Screening Sample Collection Kit is intended for use in the collection and transport of nasopharyngeal swabs to be analysed by our partner laboratory for the detection of the 2019-Novel Coronavirus (SARS-CoV-2).
3.2.1.2 Before you start, read all the instructions in this leaflet, and make sure you fully understand how the test should be done. Do not unpack the test kit until you are ready to take the test.
3.2.1.3 Only take this test if it is addressed to you. This test can be conducted on multiple age levels, please follow this guide for who should administer the test: 18+ Years Old – Self-administer test (unless unable to do so), 12 – 17 Years Old – Self-administer test with adult supervision, 11 Years and Under – Adult to administer test on the child. If for any reason you cannot complete the test continue to self-isolate as a household as per the government guidance.
3.2.1.4 Prior to taking your swab sample, please ensure you have arranged the return of your kit via Duality Health or your courier of choice. After taking your sample please endeavour to return your sample as soon as possible.
3.2.2 Sample Collection
3.2.2.1 Before starting, wash your hands thoroughly, for at least 20 seconds, using hand wash & warm water, or use hand sanitiser
3.2.2.2 Remove the supplies from the kit (see Figure 1): 1 swab (A), 1 sample collection tube (B), 1 transportation tube (C), 3 URN labels (D), 1 pathoseal bag (E), 1 large postal envelope (G) and 1 UN3373 Box (F).
3.2.2.3 Fully attach one adhesive URN label to the sample collection tube (B) and another to the pathoseal bag (E). Attach the remaining URN label to these kit instructions and keep for your own reference.
3.2.2.4 Open the package containing the swab (A) and remove without touching the soft tip.
3.2.2.5 Throat swab: Holding the swab in your dominant hand, open your mouth (use a mirror for guidance) and gently rub the swab over both tonsils and the back of the throat. Take care not to touch your tongue, teeth, or gum, or any household surfaces.
3.2.2.6 Nasal swab: Remove swab from the mouth and gently insert swab into nostril about 1 inch (2.5cm) or until some resistance is met. Rotate the swab 5 times against the nasal walls and repeat in the other nostril.
3.2.2.7 Remove swab from the nose, and while holding the swab, remove the lid from the sample collection tube (B) and immediately place the swab into the tube with the fabric tip down, again taking care not to touch any other surfaces. Break, snap or cut swab to fit inside the sample collection tube, and then replace the sample collection tube lid, ensuring it is securely fastened.
3.2.2.8 Wash hands again
3.2.3 Sample Registration Guidelines:
It is crucial that you register your URN at https://www.randoxhealth.com/register-kit. This registration process is essential, as without it, Randox will not be able to provide you with results. You will not be able to receive your results if you have not registered your URN online. By submitting a sample Duality Health Ltd, you are consenting to the testing of that sample by our partner laboratory.
3.2.4 Packing Guidelines
3.2.4.1 Place the labelled sample collection tube (B) containing the swab sample into the transportation tube (C) and seal.
3.2.4.2 Place the transportation tube (C) into the labelled pathoseal bag (E) and seal the pathoseal bag by removing the metallic silver strip. Ensure the blue adhesive strips make a tight seal of the bag
3.2.4.3 Insert the sealed pathoseal bag into the UN3373 box (F) and place the box into the UN3373 return envelope (G) provided. Seal the UN3373 return envelope by removing the metallic silver strip and wipe down the exterior of the bag.
3.2.5 Return Guidelines
3.2.5.1 Duality Health recommends that you use our complimentary courier service.  If this is not possible, please  either use an alternative courier service or self-deliver to our partner laboratory.  Ultimately it is the obligation of the customer to ensure the test gets to our partner laboratory in good time.

3.3 It is your obligation to ensure that the sample is returned to Duality Health or Randox Labs in good order, with sufficient time for our partner laboratory to be able to test the sample and provide you with result.  Our partner laboratory will aim to provide results in 24Hrs once sample is received at their Laboratory (above (1)). This time frame is subject to change, and is approximate only, noting the above provision that time is not of the essence.
3.4 This agreement dictates the terms regarding the agreement. Duality Health Ltd and our partner laboratory are not bound to adhere to any time frames that you require or may be set by a third party.
3.5 Should Covid 19 restrictions be in place in your area when you are seeking to return a sample to Duality Health or our partner laboratory, if you are not legally able to travel, you must ensure that the sample is delivered by an alternative means. This is not the responsibility of Duality Health and no liability will attach in this regard.
3.6 Duality Health Ltd 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. Duality Health Ltd 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.

 

4. OBLIGATIONS OF Duality Health Ltd

4.1 Testing:
Duality Health via our partner laboratory 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. Our partner laboratory 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.  Duality Health Ltd and our partner laboratory will not be held accountable or liable for delays with testing that are outside of our control.

4.2 Results:
Following receipt of your sample, we will make every reasonable endeavour to provide your test results within a reasonable timeframe following our partner laboratory receiving your sample. Delivery dates for test results are approximate only and Duality Health Ltd 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 Product in the current challenging circumstance, as well as subject to further terms in this agreement. You acknowledge that you will receive your results to the email address provided by you when booking your test. It is your responsibility to ensure that Duality Health and our partner laboratory by registering your medical device (the test) has the correct information pertaining to your email address.

 

Terms & Conditions Part 2

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

 

5. RESTRICTIONS

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.

 

6. LIABILITY

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

Please see our Privacy Policy for information regarding how we collect and process 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.

 

10. 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.

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.

 

11. 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, 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.

Violence & Abusive Patients Policy

The practice will not tolerate violent or abusive behaviour .

Anyone verbally abusing either a member of staff or the public, or using inappropriate language, will be asked to leave the premises. The P.S.N.I. may be informed.

Anyone who is violent or causes damage will be removed immediately and barred from our services.

Patients will also be removed from the list and declined appointments in the following circumstances:

  • Violence and aggression towards staff or members of the public.
  • Damage to practice property or equipment.
  • Patients who the doctors are unable to manage clinically e.g. breach of contract with doctor regarding use of prescribed medicine
  • Break down in patient communication with Duality Health Ltd, its directors, employees or contracted staff
  • Slanderous or libellous communications regarding Duality Health Ltd, its directors, employees and contacted staff
  • Non-adherence to the Booking & Cancellation Policy

Patients who are disruptive and display aggressive and/or intimidating behaviour and refuse to leave the premises, staff are instructed to dial 999 for Police assistance, charges may then be brought against these individuals.