Consumer Terms and Conditions

These Terms

What these Terms cover: These are the terms and conditions on which we supply service to you.

Why you should read these Terms: Please read these terms carefully before you book your test. These terms tell you who we are, how we will provide 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.

Who we are and how to contact us

Who we are: We are Propharma-UK Trading As MyLocalTest. We are a company registered in England and Wales under company number 10155095 and our registered office is at Unit 1, 50 Windsor Avenue, London, SW19 2TJ. Our VAT number is 240248045.

How to contact us: You can contact us by telephoning our customer service team at 020 45127860 or by writing to us at enquiries@mylocaltest.co.uk.

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 when making your booking.

“Writing” includes emails. Where we use the words “writing” or “written” in these terms, this includes emails.

Our contract with you

How we will accept your booking. Our acceptance of your booking will take place when we send you a confirmation email to confirm that your booking has been accepted, at which point the contract will come into existence between you and us.

If we cannot accept your booking. If we are unable to accept your booking, we will inform you of this in writing and we will not charge you for your booking. This might be because your payment has been declined, you have not provided us with sufficient information in booking to make your booking, if you’re selected consultation has already been booked, or if there has been a technical error on our website.

Your Booking ID reference: Where applicable we will assign a Unique Booking Reference identification number to your booking and provide this to you when we send you a confirmation email for your booking. Please keep this safe, as you will need this at your consultation.

We only sell to the UK: Our website and booking system is solely for use in the UK for testing services at the locations specified on our website. We can only book tests at the test sites specified on our website and in the booking process.

Your rights to make changes

If you wish to make a change to your booking after you have received your confirmation email, please contact us as soon as possible. If it is possible to change your booking, we will let you know about any impacts this may have on the price of your test, the estimated timing of your result and anything else which is relevant to your requested change, and we will ask you to confirm if you are happy to proceed with changing your booking. If we cannot accommodate your requested change or if the consequences of making the change are unacceptable to you, you may want to end the contract (see below).

Our rights to make changes

Minor changes - We may change these Terms and our services:

• To reflect changes in relevant laws and regulatory requirements; and
• To implement minor changes to our services or the way in which we deliver our services.

Where we make minor changes to these Terms, we will make the updated version of these Terms available on our website. We would recommend you check these Terms on each occasion you make a booking with us.

More significant changes.

In addition, we may make more significant changes to these Terms and our services, such as changes in our service provider partners, locations of testing sites, types of tests offered, estimated turnaround time, or test result certification. Where you have a live contract with us, we will notify you in writing of any significant changes, and you may then contact us to end the contract before the changes take effect and receive a refund for any bookings paid for but not completed. (see clause below).

Our Services

We, along with our service provider partners, will provide the following services to you:

Booking Services: We are responsible for providing you with access to the technology which you can use to book your test. We will process your booking and payment, and when your booking has been confirmed, we will provide you with a confirmation email which will contain:

• instructions on how to access the test site;
• information about what happens at your test; and
• a unique Booking ID. This code must be kept safe, as it is needed in booking to confirm your identity at the test premises.

Test Administration Services:

When you arrive at the service provider testing site, you will need to provide the Unique Booking ID provided in your confirmation email to the service provider reception staff in booking to confirm your identity and your consultation. Once this has been confirmed, you will be taken through to the testing area, where your test will be administered by a healthcare professional or self-swabbed by yourself, where available. After your test has been administered, you will be provided with a further information leaflet with information on the next steps and getting your result/certificate.

Test Result Delivery:

Your test will be couriered from the testing site to our laboratory partner, depending on the type of service required, normal or fast-track service. Our referral laboratory will analyse your test sample and provide the test result, which will be uploaded to our portal and specifically to your account after the result has been corroborated with our medical team – pending the outcome of your test – any certificates (for example, a Fit-to-Fly Certificate or Test to Release) that you have booking as part of your booking. In booking to register your sample and access your results, you will receive an email with a link for results access and input your Date of Birth to access it.

Your responsibilities

You are responsible for:

• Making sure that you book your test in line with the entry and exit requirements prescribed by the government of the destination you are flying to so that you have sufficient time to complete your test ahead of your flight. This varies between destinations and can change regularly depending on the number of cases at that location and the policy of the local government. You can check entry requirements on the UK government website at: https://www.gov.uk/foreign-travel-advice.
• We cannot be held responsible if you are unable to travel as a result of your test being administered at the wrong time to comply with the local entry requirements of your destination and you will not be entitled to any refund in these circumstances.
• Keeping your Unique Booking ID safe. You will need your Unique Booking ID to access the test consultation. If you do not have your Unique Booking ID when you arrive at the service provider site, you may not be able to proceed with your test. If you lose your Unique Booking ID, please contact us as soon as possible and we will endeavor to send you a replacement or to otherwise arrange for you to access the service provider testing site. However, we cannot guarantee that this option is available, and you may be required to re-book your test.
• Attending your booking consultation. It is your responsibility to make sure you book your test at a time when you are available. You will need to be at the service provider site on time so that there is enough time to check you in. If you book your test and then realise you are unable to make your consultation, please contact us as soon as possible and we will do our best to change your booking, although we cannot guarantee that we will be able to change your booking after we have sent you a confirmation email.
• Keeping your Unique Booking Reference ID. You will need the Unique Booking ID number provided to you when booking your test. If you lose your booking reference number, please contact us as soon as possible.

Accessing your results:

Your results will be made available to you via the MyLocalTest Portal. You will receive an email from us when your results are ready and any ensuing certificate by email.

Test Results:

We are not responsible for the outcome of your test. While we and our laboratory partners do our best to make sure that test results are accurate, this cannot be guaranteed, and it is possible that a very small proportion of results will be false positives or false negatives. You decide to travel to your destination at your own risk, and any negative results provided as part of our services should not be relied upon.

Estimated Timescales:

When you make your booking, we will provide you with an estimated time for when your test results should be available. Usually this will be within 24 hours after your test has been administered, unless you have booked a fast-track service, in which case your results should be available within the same day. However, these timescales are estimated only, and we cannot guarantee that your results will be available within these timescales.

Circumstances outside of our control:

If we are unable to provide the services to you, or if we need to delay your test because of an event outside our control (for example, if there is a change in government regulation regarding the administration of tests, or if one of our service provider partners is unable to perform their role in the delivery of the services to you) then we will contact you as soon as possible to let you know. You may contact us to end the contract and receive a refund in these circumstances.

Your rights to end the contract

Your rights when you end the contract will depend on when your test is booked for, whether or not we have issued your confirmation email, and when you decide to end the contract.

Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below, the contract will end immediately and we will refund you in full for any services which have not been provided and you may be entitled to compensation.

The reasons are:

• We have told you above an upcoming significant change to the services or these Terms which you do not agree to (see clause 5.2 above);
• we have told you about an error in the price or description of the services you have booking and you do not wish to proceed; or
• we are unable to provide the services or there is a risk that your booking may be significantly delayed because of events outside our control (see clause 6.5 above).
• Exercising your right to change your mind (Consumer Contracts Regulations 2013). Because tests are booked for a date and time selected by you, our services are not subject to the statutory right to change your mind that typically applies to the purchase of goods and services.
• Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind, you can still end the contract before your test, but you may have to pay us compensation. Our contract with you is completed when we have finished providing the services to you and you have paid for them. If you want to end the contract before it is completed where we are not at fault and you have not changed your mind, please contact us to let us know. The contract will end immediately and we will refund any sums paid by you for services not provided but we may deduct from that refund reasonable compensation for the net costs we will incur as a result of your ending the contract. When you contact us to cancel your contract, we will tell you the amount that will be deducted from your refund as compensation for the net costs we will incur as a result of you doing so.

How to end the contract with us

Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:

Phone or email. Call customer services on 020 45127860 or email us at enquiries@mylocaltest.co.uk. Please provide your name, contact details and booking details.

Online. Complete the cancellation form on our website and at the end of these Terms and email this to us at enquiries@mylocaltest.co.uk.

How we will refund you. We will refund you the price you paid for the services which have not been provided to you at the time of cancellation. However, we may make deductions from the amount refunded, as described above in clause below.

When your refund will be made. We will make any refunds due to you as soon as possible, and in any event within 14 days of receiving your request.

Our rights to end the contract

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 make payment to us when it is due, or if your payment method selected during the booking process is declined by your bank or credit card provider.

We may withdraw the service. We may write to you to let you know that we are going to stop providing the services and that your test will not go ahead. We will try to give you as much advance notice of this as we can and we will refund any sums you have paid for services that will not be provided.

If there is a problem with the services

How to tell us about problems. If you have any questions or complaints about the services, please contact us. You can telephone our customer services team at 020 45127860 or write to us at enquiries@mylocaltest.co.uk.

Price and Payment

Where to find the price for the services. The price of the services (which includes VAT (if applicable)) will be the price indicated during the booking process when you made your booking. We take all reasonable care to ensure that the price advertised to you is correct, however please see clause below for what happens if we discover an error in the price of the services you book.

What happens if we got the price wrong. It is possible that, despite our best efforts, some of the services we offer may be incorrectly priced on our website. We will normally check prices before accepting your booking so that, where the correct price at the time of your booking is less than our stated price at the time of your booking, we charge the lower amount. If the correct price at the time of your booking is higher than the price stated to you, we will contact you for your instructions before we accept your booking. If we accept and process your booking where a pricing error is obvious and unmistakeable and could reasonable have been recognised by you as a mispricing, we may end the contract and refund you any sums you have paid.

When you must pay and how you must pay. We accept payment with Visa, Mastercard and American Express. You must pay for your test at the time of making your booking.

What to do if you think we have charged you the wrong amount. If you think you have been charged the wrong amount by us, please contact us promptly to let us know.

Our responsibility for loss or damage suffered by you

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, 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 is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.

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 death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation.

We are not liable for business losses. We only supply the products for domestic and private use. If you use our services in connection with 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.

How we may use your personal information

Privacy Policy. We will only use your personal information as set out in our privacy policy, available here privacy policy.

Other important terms

We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms to another organisation. We may also change the partners we work with to deliver the testing services to you. If you have a live contract with us at the time of such transfer, we will contact you to let you know if we plan to do this. If you are unhappy with the transfer, you may contact us to end the contract and we will refund you any payments you have made in advance for services not provided.

You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

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. Neither of us will need to get the agreement of any other person in booking to end the contract or make any changes to these Terms.

If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law, and you can bring legal proceedings in respect of the services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the services in either the Northern Irish or the English courts.

Model Cancellation Form

(Complete and return this form only if you wish to withdraw from the contract)

To: Propharma-UK Trading As MyLocalTest

020 45127860 enquiries@mylocaltest.co.uk

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract for the supply of the following service [*],

Booking on [*]

Name of consumer(s):

Address of consumer(s):

Signature of consumer(s) (only if this form is notified on paper):

Date:[*] Delete as appropriate