Terms of Service17/04/2020 2021-08-24 20:54
Terms of Service
OH PRIME LTD (“OH Prime”,” we”, “us”) with UK Company Registration No. 08473382 and registered office at 10 Shepton Road, Broughton, Milton Keynes, England, MK10 7AH.
Your use of OH Prime Services is a legal contract between you and OH Prime. These Terms of Service (“TOS”) along with our Privacy Notice (the “Privacy Notice”) constitute the terms of that legal contract and affect your rights and obligations. Please read these terms carefully before you submit your order to us as once your order is submitted you are deemed to have accepted the Terms.
SCOPE OF TERMS
Your use of OH Prime’ Services is subject to the terms defined in these TOS. These TOS apply to any use of OH Prime’ Services, obtained via the Website or the Test and Release website which including:
- The provision of the COVID-19 screening self-collection home test kit.
- The provision of the COVID-19 on-site observed self-collection test.
- The collection of your deep nose and throat sample.
- Sample processing in our accredited laboratory.
- Analysing your results for SARS-CoV-2 – the coronavirus that causes COVID-19.
- Access to the OH Prime online platform to interact with our products and to create an account (the “Website”, “Our Site”).
- Obtaining Services via the Website.
- The provision of account and Service-related support.
Your use of the Services is also subject to any applicable terms, policies, and rules required by law that we may post or provide links to from time to time and which you will be notified of. All such applicable terms, policies and rules are considered part of the TOS. A copy of these TOS and Privacy Notice will be included in our acknowledgement of the order for Services for ease of reference.
It is a condition precedent of our providing you with any Services that you must be at least 18 years old (“Minimum Legal Age”) to create an account on Our Site. Further it is your responsibility to ensure that none of the following criteria applies to anyone that you order Services for:
- You/they are under the age of 18 and their parents have not given consent to you/them receiving the Services, or
- You/they are under the age of 18 and unable to administer the test or other elements of the items supplied with the presence and assistance of at least one parent, guardian, or responsible Adult (over 18), or
- You/they have been advised that you/they should not undertake the procedures involved in undertaking the Test and other elements of the Services on medical/physical or other grounds, or
- You/they are potentially incapable of undertaking the test and other Services safely on the grounds of physical or mental impairment without adequate supervision and assistance, or
- You/they are a person barred from receiving the Services under the laws of the jurisdiction in which you/they are resident or from which you/they use the Services.
- There is any other reason why you/they, acting reasonably, could conclude it may be unsafe or dangerous for you/them to undertake the Test or other Services.
By placing an Order for Services with us you are warranting to us that you are over 18 years of age and none of the above criteria apply to you or anyone you are placing an order for Services for.
CONDITION PRECEDENT TO RECEIVING OUR SERVICES
It is a condition precedent of our providing you with any Services that you must be at least 18 years old to create an account on Our Site. Further you may not use the Services, if:
- You are under the age of 18 acting without parental consent, or
- You are a person barred from receiving the Services under the laws of the jurisdiction in which you are resident or from which you use the Services.
By placing an Order for Services with us you are warranting to us that you meet the above criteria.
CHANGES TO THE TERMS OF SERVICE
OH Prime may wish to unilaterally make changes to the TOS from time to time. When these changes are made you will be notified of those changes. You understand and accept that if you use the Service after the date the TOS was changed, OH Prime will treat your continued use as deemed acceptance of the updated TOS. If you wish to object to any of the proposed changes you must notify us in writing prior to your continued use and we shall then either agree what changes will apply or we will withdraw the Services.
Unless stated otherwise, each new feature or element that is added to the current Services will be deemed to be subject to the TOS. You accept and agree that the Services are provided “AS-IS” and are based on the current state of research and technology used by OH Prime, when using the Services.
Purpose: These screening tests should be used solely for the purpose of initial screening as a convenient and confidential way of getting tested quickly for a suspected COVID-19 infection. The results are not intended to replace medical advice, nor should they be used as a full diagnosis, or to prescribe medication without consulting an appropriate medical professional. Laboratory testing will always have a small degree of variability. OH Prime have rigorously researched the extent of accuracy available across laboratories. OH Prime and its contractors have assurance that the COVID-19 assay provided with the purchase of the screening kit, has been independently evaluated by private clinical institutions and public health authorities and have reported evidence of screening result accuracy. Our operational and reporting processes work within defined industry standards to provide exceptionally high accuracy. OH Prime is a UKAS applicant to ISO: 15189, Medical Laboratory Quality Standard. Accordingly we make no representation or warranty as to the accuracy of the screening tests.
Testing: OH Prime and its contractors will make every reasonable endeavour to analyse your sample and to provide you with a results report. However, if you have not undertaken the test in accordance with the User Instructions, or have failed to complete the requested information correctly, we may not be able to process your sample; should this occur, we may provide you with a new test at the cost of the initial quoted price per screening kit, at our own discretion. In this circumstance any money already paid will not be refunded. It may not be possible to analyse the sample provided due to several factors including (but not limited to) – insufficient sample collected, contaminated sample, incorrect packaging of the sample, laboratory assessment of sample provided, laboratory process failure, sample not received at laboratory. In any of these circumstances – OH Prime will not be held liable for any loss or other consequential loss or costs associated with re-test or delay of travel / or costs incurred for rescheduling of any travel arrangements.
Results: Following receipt of your sample at the laboratory, we aim to provide your results within the window of 24-48 hours. We may deliver your results earlier than the time indicated within this document. Delivery dates for test results are approximate only and OH Prime will not be held liable for any delay in delivery.
Booking the UK Government’s Mandatory Travel Tests:
OH Prime is listed on the UK Government’s website as an approved private provider for the mandatory travel tests. As at the date of publication of these TOS everyone arriving in England must book Covid-19 tests before flying to England. Please refer to https://www.gov.uk/foreign-travel-advice for the UK Government’s latest travel requirements.
Booking Test to Release for International Travel arriving in England:
OH Prime is listed on the UK Government’s website as an approved private provider for the Test to Release for International Travel scheme. Refer to the https://www.gov.uk/foreign-travel-advice when travelling into England.
Booking Fit to Fly:
Different countries’ governments have different testing requirements for travel. Depending on which country you are visiting, you may be required to provide a Fit to Fly certificate, showing proof of a negative Covid-19 result taken within 48-96 hours of arriving at your destination. You can check individual country details at https://www.gov.uk/foreign-travel-advice and advice on travelling abroad https://www.gov.uk/travel-abroad
Different governments have different testing requirements for travel. Please refer to travel advice from your destination government.
It is our responsibility to supply you with services and goods that meet your consumer rights. If you have any concerns that we have not met our legal obligations please contact us.
The address and/or email address to send any complaint is as follows: firstname.lastname@example.org
We accept the following credit cards and debit cards: Visa, Mastercard, American Express. We will do all that we reasonably can to ensure that all of the information you give us when paying for the goods is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, any failure by us to comply with these TOS or our Privacy Notice or breach by us of our duties under applicable laws we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us. Your credit card or debit card will only be charged when the goods are dispatched. All payments by credit card or debit card need to be authorised by the relevant card issuer.
MARKETING AND PROMOTIONS
Subject to our Privacy Notice, where you have provided consent, we may use and process your personal information where you have permitted us to do so for marketing activities e.g., to personalise marketing communications, create custom audiences, or to advise you about new content and services OH Prime offers. We will only send you marketing information and communications if you have consented to receive such information directly from us. You can use our unsubscribe tool to withdraw your consent to receiving any direct marketing that you previously opted-in for.
ACCOUNT MAINTENANCE, PASSWORDS AND SECURITY OBLIGATIONS
In return for your use of OH Prime’ Services, you agree to: (a) provide accurate and current Registration Information about yourself as requested by the Services; and (b) maintain and update your Registration Information to keep it accurate and current. If you provide information that is inaccurate or not current, or if OH Prime suspects that your Registration Information is inaccurate and not current, or you do not meet the Condition Precedents stated previously, OH Prime has the right to terminate or suspend your account and refuse any current or future use of the Service.
You are responsible for maintaining the confidentiality of your login credentials for your account, and you are responsible for all the activities that happen under your password and account. If you allow others to access Our Site through your account and password, you will indemnify OH Prime and its affiliates against any liability or costs arising from claims by other people based on the access and use of your account.
You can stop using the Services at any time. You do not need to inform OH Prime when you stop using the Services unless you request to close your account. The TOS and Privacy Notice and any documents referred to sets out the entire agreement and complete understanding of you and us regarding the subject matter referred to herein and supersedes all prior discussions and previous agreements between the parties relating to the subject matter of this contract. OH Prime does not have any responsibility for the use of the Services outside the TOS or any other terms that apply and no implied terms will be incorporated into your contract with us.
Should you have a query about the service contact email@example.com.
You agree to: (a) immediately notify OH Prime of any use of your password or account that has not been authorized; and (b) exit from your account after each session. OH Prime EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY DAMAGE ARISING FROM NOT FOLLOWING THIS SECTION.
By accessing OH Prime Services, you agree to, acknowledge, warrant and represent as follows:
- You understand that the information you obtain from OH Prime will advise you if you may be positive or negative for SARS-CoV-2 – the coronavirus that causes COVID-19.
- You understand that OH Prime encourages you to seek the advice and assistance of your healthcare providers or your physician should you test positive.
- You understand that, should you test positive, you will need to self-isolate.
- You guarantee that you are of legal age to form a binding contract with OH Prime.
- You guarantee that the sample you provide is collected as prescribed and belongs to you; and
- If you are agreeing to these TOS on behalf of someone else from whom you have legal authorisation, you guarantee that the sample provided belongs to that person and you have legal authority to act on that person’s behalf.
- If you are providing your sample from a place outside the United Kingdom, you confirm that this action is not subject to any export ban or restriction in the country where you live.
- You acknowledge that the deep nose and throat sample that you provide, and its resulting information can be transferred and/or processed outside the country where you live.
- You acknowledge that some information you receive can provoke strong emotions and we are unable to provide a support service therefore you should seek appropriate support if required.
- You are responsible for all the consequences resulting from sharing your Health Information and Self-Reported Information with others.
- You understand that while we would like Users to have the freedom to share their journey, express their opinion and review their experience with us, OH Prime reserves the right to remove or instruct removal without notice any public posts that are deemed in violation of the TOS. You will not make any social media posts that are derogatory of us or our affiliates that are not honest truthful accounts of your experience with us.
- You acknowledge that all your Personal Information will be kept within the OH Prime databases and will be processed as stated by the OH Prime Privacy Notice.
- You acknowledge that by providing a sample, having your Health Information analysed, accessing your Health Information, or providing information about yourself, you do not have any proprietary or other rights in any research or products that might be developed by OH Prime or its partners. You understand that you will not benefit in any way from research or from products resulting from your Health Information or Self-Reported Information.
You agree that you have the authority; under the laws of the jurisdiction in which you reside, to make these representations. In case you break any of these representations or breach these TOS in any manner, OH Prime has the right to terminate your account and refuse the future use of OH Prime Services and you will indemnify and hold harmless OH Prime and its affiliates against any liability or damages that may arise as a consequence of your breach of these TOS and any other terms forming the contract between us.
YOUR PRIVACY AND PERSONAL INFORMATION
Our Privacy Notice is available at https://www.covid.ohprime.co.uk/privacy-policy/. Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Notice, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.
OH PRIME’S PROPRIETARY RIGHTS
You understand and agree that OH Prime owns all the legal rights and interests to the Services, including intellectual property rights (including patents) that subsist in the Services. You also understand that the Services can contain information deemed as confidential by OH Prime and you cannot disclose this information without OH Prime’ permission and written consent. Unless you have been authorized through writing by OH Prime, you agree not to use any trademarks, trade names or logos of any company or organization through the Services in a way that is intended to cause confusion about such marks, names, and logos. You agree not to access the Service through other means except through the interface provided by OH Prime. Any rights that are not granted here are reserved.
By reference to the requirements of this agreement, the customer acknowledges that the underwriters of the supplier’s insurance shall not be liable to indemnify the supplier as the insured under their policy in respect of any liability, claim, loss, costs or expenses arising out of or related to, or in any way involving, either directly or indirectly to any false negative, false positive or inconclusive result from any SARS-COV2 test. Accordingly, the parties acknowledge that the supplier’s liability under the agreement shall not include a liability to the customer or any third party in respect of any losses arising out of or related to, or in any way involving, either directly or indirectly to any false negative, false positive or inconclusive result from any SARS-COV2 test, except to the extent arising due to the negligence of the supplier. The supplier obtains all test kits that are compliant with the MHRA & CE marked but provides no further warranty in relation to the fitness for purpose of the test kits.
Nothing in these terms or conditions excludes the liability of OH Prime for death or personal injury caused by our negligence, fraud, or fraudulent misrepresentation.
OH Prime will not be liable to you for any direct or indirect consequential loss including of profit, loss of business, loss of opportunity, loss of goodwill, or any claims for compensation, any punitive, special, incidental, or consequential damages, which may arise out of, or in connection with the use of the goods or services provided by OH Prime.
The TOS and any dispute or claim arising out of, or in connection with it, its subject matter or formation shall be governed by, and construed exclusively in accordance with, the laws of England and Wales and the English courts will have exclusive jurisdiction.
KEY TERMS AND DEFINITIONS
“COVID-19” – is defined as illness caused by a novel coronavirus now called severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2; formerly called 2019-nCoV).
“Donor” – means the individual to whom the sample biologically belongs.
“Health Information” – means personal data related to the physical or mental health of a natural person, including the provision of health care services, which reveal information about his or her health status.
“Information” – means any data received by OH Prime from Users for Purposes of providing the Services or making Our Site available, and includes Personal Information, Health Information and Sensitive Personal Information. For more information about processing Personal Information, please read our Privacy Notice.
“Our Site” – means the website that OH Prime owns, located at https://www.covid.ohprime.co.uk/.
“Personal Information” – means any data about a Data Subject that can be used to identify the Data Subject, whether directly or indirectly, and includes data such as name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person, and as further defined in Applicable Law.
“Test to Release” – means the UK government website located at https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/963032/covid-private-testing-providers-test-to-release-190221.csv/preview
“Service” or “Services” – means OH Prime Test(s), products, mobile app, software, services, consultation, and website (including but not limited to text, graphics, images, and other material and information) as accessed from time to time by the user, regardless if the use is in connection with an account or not.
“User” – means you, the person making use of Our Site and/or the Services and whose Information we Process as a result.