PLEASE READ THE FOLLOWING IMPORTANT TERMS AND CONDITIONS BEFORE YOU BUY ANYTHING ON OUR WEBSITE AND CHECK THAT THEY CONTAIN EVERYTHING WHICH YOU WANT AND NOTHING THAT YOU ARE NOT WILLING TO AGREE TO.
IF YOU WOULD LIKE THESE TERMS AND CONDITIONS IN ANOTHER FORMAT PLEASE CONTACT US USING THE CONTACT DETAILS BELOW
1 THESE TERMS
1.1 What these terms cover. These are the Terms and Conditions on which we (Royal Devon University Healthcare NHS Foundation Trust) supply testing services to you (the customer). Please note that these Terms and Conditions cover private healthcare services only and no NHS subsidies apply to these services.
1.2 Not a substitute for a medical diagnosis. You acknowledge that the services provided to you are for information purposes only and should not be used as a substitution for a consultation with your GP other medical professional. You should consult your GP if you have any specific concerns about your health.
1.3 Why you should read them. Please read these Terms and Conditions carefully before you submit your order to us. These Terms and Conditions tell you who we are, how we will provide the services 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 and Conditions, please contact us to discuss.
1.4 Changes to these Terms and Conditions. We may revise these Terms and Conditions from time to time in our sole discretion. The version of Terms and Conditions which exists at the time you place your order will be the Terms and Conditions that govern your contract with us. Please check, and read these Terms and Conditions carefully, prior to every order you place with us.
1.5 Privacy and personal information. We may collect both personal data and special categories of personal data from you in order to perform the services. For some tests there may be a need to have information supplied about your medical history or lifestyle, which will enable our clinical team to provide the correct interpretation of your results, for example, your weight and whether you smoke. Any personal data collected from you will be used strictly in relation to your order and will not be shared with your GP or other third parties, other than as set out in our privacy policy, or form part of your NHS health record. If you would like to share your results with your GP (private or NHS) you must do this yourself. For information on how we use your personal data please see our Privacy Policy.
2 INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Royal Devon University Healthcare NHS Foundation Trust and our registered address is Royal Devon and Exeter Hospital, Barrack Road, Exeter, Devon, EX2 5DW
2.2 How to contact us. by writing to us at info@monitormyheath.org.uk
2.3 How we may contact you. If we have 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.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these Terms and Conditions, this includes emails.
3 OUR CONTRACT WITH YOU
3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. We will let you know why we cannot accept your order.
3.3 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.
3.4 Restrictions. We are only able to supply the services to customers aged 18 and over who are resident in the United Kingdom. Services are provided for private, non-commercial use only.
4. THE SERVICES
4.1 What you are ordering. We provide an online medical testing service. Please note that samples will be stored for 4 days before being destroyed.
4.2 What your order consists of. Your order includes:
4.2.1 delivery of an at-home testing kit containing the following items: finger lancets, blood collection tube(s), instruction leaflet, storage clam shell, free post return envelope.
4.2.2 blood testing carried out by our laboratory Exeter Clinical Laboratory which is UKAS accredited to ISO 15189.
4.2.3 preparation of a report containing an interpretation of your result and general healthcare and lifestyle advice relating to the test which you have ordered and which has been produced by one of consultant pathologists, who is registered with the General Medical Council and/or Health and Care Professions Council and holds a licence to practise. Your report will be available on your online dashboard and we will e-mail you when your report is available.
(together referred to as the "services").
4.3 Additional information required: For some specific tests, we may require additional information to assist us in interpreting your results. This may include your height, weight and if you smoke.
4.4 Questions regarding the services. If you have any questions regarding the services please contact us by writing to us at info@monitormyhealth.org.uk
4.5 Standard of services. We are required by law to ensure that our services are performed using "reasonable skill and care".
5. PRICE AND PAYMENT
5.1 Where to find the price for the test. The price of the test (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the test advised to you is correct.
5.2 When payment is due. Payment of the price of the services shall be made at the time you place the order. We will not accept your order for services until payment has been received by us.
5.3 How you can pay. We accept all major credit and debit cards via Worldpay.
5.4 Secure payments. We will do all that we reasonably can to ensure that all of the information you give us when paying for the services 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 Terms and Conditions or our privacy policy 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.
5.5 Receipts. When we have accepted your order, you will receive an order confirmation email, which serve as our receipt to you for the services, please keep this safe. If you think an order confirmation is wrong please contact us promptly to let us know.
6. YOUR RIGHT TO MAKE CHANGES
6.1 If you wish to make a change to the test 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 test, 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
7. OUR RIGHT TO MAKE CHANGES
7.1 If we are required to make changes to the tests to meet new legal or regulatory requirements we will let you know before testing your sample. Where such legal or regulatory changes mean that we will no longer be able to provide you with the test you ordered we will let you know and refund you the total price paid for the test within 14 days of us informing you.
8. YOUR RIGHTS TO END THE CONTRACT
Due to the nature of the services being supplied, if you wish to make changes please endeavour to contact us prior to using the sample kit.
8.1 General acknowledgement. You acknowledge that due to the nature of the services we may not be able to cancel your order and provide you with a full refund. We endeavour to test samples received without delay (within 2 working days of receipt), in accordance with our standard procedures and best practice, therefore if you wish to cancel your order and have provided your sample please contact us without delay.
8.2 Before we have dispatched the sample kit. You may cancel your order at any time before a sample collection kit has been dispatched to you and receive a full refund within 14 days of you telling us you want to cancel.
8.3 Sample kit does not arrive. If a kit has been dispatched, but fails to arrive at the address provided at the time of the order, we will dispatch a second kit free of charge. We are unable to provide a refund if the delivery address has changed after dispatch.
8.4 After you receive the sample kit. After your sample kit has been dispatched you have 30 days to cancel your order. Due to the nature of the testing kit being a medical device, which cannot be re-used, we will deduct £10 from the full price paid to cover these costs. Your refund will be processed within 14 days of us receiving your returned kit.
8.5 Defective sample kits. If you receive a sample kit which arrives damaged (to the extent that it cannot be used) or defective (parts missing) please let us know and we will provide you with a replacement sample kit free of charge. If you are unsure whether the sample kit is safe for use, please contact us and we can advise you further.
8.6 Expired Sample Collection Kit. The sample collection kit is a medical device and therefore must have an expiry date printed on the pack. We will provide kits with ample time to allow for collection prior to expiry and therefore cannot provide any refund for kits which exceeded the expiry date.
8.7 Laboratory unable to analyse sample. There are a few situations which prevent the analysis of some or all of the tests ordered. In these situations we may partially refund you according to the following and depending on the number of failed tests:
8.7.1 Occasionally a blood sample will exhibit haemolysis, which occurs due some of the red blood cell bursting and releasing their contents. If excessive, this will render some test results invalid and unreportable. If this situation occurs we will contact you via the e-mail address provided to confirm that we will dispatch a second kit free of charge and further advice to complete a successful blood collection and further advice to try to avoid haemolysis.
8.7.2 Occasionally a customer will not be able to collect sufficient blood for some or all tests to be analysed. This is a very uncommon situation where the instructions for preparation to collect the sample have been strictly followed. If this situation occurs we will contact you via the e-mail address provided to confirm that we will dispatch a second kit free of charge and further advice to complete a successful blood collection. We are often able to produce results on small samples, so please always return whatever you have managed to collect, so that we may attempt the analysis.
8.7.3 Samples will be deemed unsuitable for analysis, due to degradation of the analytes for which we test, based on the following time scales:
- Anaemia tests arriving in the laboratory more than 2 days following blood collection.
- Diabetes tests arriving in the laboratory more than 5 days following blood collection.
- Vitamin D tests arriving in the laboratory more than 7 days following blood collection.
- All other tests arriving in the laboratory more than 10 days following blood collection.
If this situation occurs due to a postal delay, we will dispatch a second kit free of charge.
8.8 After we have analysed your sample. You will not be entitled to cancel your order or obtain a full refund after we have provided you with your results or our error report, unless we have failed to provide you with the services:
8.8.1 in accordance with these Terms and Conditions; or
8.8.2 with reasonable skill and care.
in which case, you will be entitled to repeat performance or a full refund (without any deductions).
8.9 Refunds. Refunds will be processed as set out in this Clause
8.9.1 All refunds will be credited to the credit or debit card used to pay for the order.
9. OUR RIGHT TO END THE CONTRACT
9.1 We may end the contract if you break it. We may end the contract at any time by writing to you if you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services, for example, any information we may reasonably require in order to fully provide the services, if the services are being ordered for commercial reasons or if the services are being procured on behalf of an individual under the age of 18.
9.2 If we end the contract under Clause 9.1 after a kit has been dispatched, you will be entitled to receive a refund of 50% of the cost of the services to cover the sample kit as we cannot re-use this.
10. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
10.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms and Conditions, 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 was not foreseeable to you and us when the contract was formed. Please note that:
10.1.1 you must read all instructions provided to you carefully and contact us if you have any questions, we cannot be held liable if you have failed to follow the instructions provided to you;
10.1.2 if we have provided you with supplementary advice after you have contacted us and you have not followed this we cannot be held liable unless that advice was negligent; and
10.1.3 you are responsible for sharing results with your GP or seeking further advice as may be suggested in your results
10.2 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:
10.2.1 death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
10.2.2 fraud or fraudulent misrepresentation;
10.2.3 breaches of legislation concerning your personal data;
and/or
10.2.4 breaches of your statutory rights under, including but not limited to, the Consumer Rights Act 2015 and the Consumer Protection Act 1987.
10.3 We are not liable for business losses. We supply the services for private use only. If you use the services 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.
11. COMPLAINTS
11.1 Complaints about our services. If you are not satisfied with the services you have received and would like to make a complaint please contact us using the details set out in Clause 2.2 and request a copy of our complaints and disputes procedure.
12. YOUR STATUTORY RIGHTS
12.1 Nothing in these Terms and Conditions affects your legal rights.
12.2 For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
13. GOVERNING LAW AND JURISDICTION
13.1 These Terms and conditions are subject to English law. These terms are governed by English law. You can bring legal proceedings in the English and Welsh courts or if you live in Scotland or Northern Ireland, the Scottish or Northern Irish courts.
13.2 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.
Version 1.3 Updated January 30th 2023