Terms & Conditions

This page (together with the documents referred to on it) tells you the terms and conditions on which we will supply the covid-19 testing services (“Clinic Appointment”) and the home testing kits (“the Kit”) ( together the “Services”) which are listed on our website www.latustesttorelease.co.uk(“our site”) to you. Please read these terms and conditions carefully before ordering any Services from our sites. You should understand that by placing an order for any of our Services, you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference. These terms and conditions are to be considered correct when written in English and not using a translation tool.

Please click on the button during the purchase process if you accept them in English. Please understand that if you refuse to accept these terms and conditions, you will be unable to order any Service from our sites.

1. INFORMATION ABOUT US

We operate the website www.latus-testtorelease.co.uk. We are Latus Health Limited, a company registered in England and Wales under company number 10559793 and with our registered office at Suite 1, Riverside Building, Livingstone Road, Hessle, HU13 0DZ.

2. SERVICE AVAILABILITY

2.1 Our sites are only intended for use by people resident in or visiting the United Kingdom. We do not have to accept orders for the services from individuals outside of the UK. 2.2 Any Services to be provided to you by way of a Clinic Appointment shall be performed by a clinic appointed by us as our sub-contractor. 2.3 Any samples provided by you in accordance with the Services shall be submitted to our contracted laboratory in the United Kingdom for the purpose of carrying out the tests forming part of your order.

3. YOUR STATUS

3.1 By placing an order through our sites, you warrant that: 3.1.1 you are legally capable of entering into binding contracts; and 3.1.2 you are at least 18 years old.

4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

4.1 After placing an order for the Test via our sites, you will receive confirmation from us acknowledging that we have received your order.

4.2 All orders are subject to acceptance by us, and we will confirm such acceptance to you by one of the following means:

4.2.1 Where your order relates to a Kit, by sending you an e-mail confirming that the order has been accepted and an indication as to when the Kit will be dispatched;

4.3 The Contract will relate only to those Services we have confirmed in the Order Confirmation. If you place an order for multiple Services we will not be obliged to supply all of the Services to you simultaneously. You will be informed in your Order Confirmation of any Services which will require an alternative delivery or appointment date (as appropriate).



5. DELIVERY OF THE KIT

5.1 We will dispatch the Kit to arrive with you on the required day, either second, fifth or eighth day of your arrival into the UK

5.2 We will take reasonable steps to meet the delivery date set out in the Order

Confirmation or as otherwise agreed between us. However, occasionally delivery may be affected by factors beyond our control and so cannot be guaranteed. We will let you know if we become aware of an unexpected delay and will arrange a new delivery date with you. Please allow extra time for deliveries across bank holidays & weekends, and to the Scottish Highlands and Ireland.

5.3 If you fail to take delivery of the Kit within 14 days of the date set out in the Order Confirmation, then, except where this failure is caused by our failure to comply with these Terms or by an event beyond your control we shall have no liability to you for late delivery and you shall be responsible for re-arranging delivery of the Kit at your sole expense.



6. CANCELLATION AND RETURNS
6.1 A Contract may not be cancelled by you at any time after the order has been dispatched.

6.2 In the event that a Kit delivered to you under these Terms is damaged, faulty or in some other way unusable in accordance with the instructions provided, you must notify us within 7 days of receipt of the Kit, confirming the damage or fault to the Kit. Within 7 days of receipt of such notice we will arrange for a replacement Kit to be sent out to you.



7. YOUR OBLIGATIONS

7.1 When placing an order for a Kit you accept that it is your responsibility to comply with all and any instruction included with the Kit and to return the Kit to us for testing. This includes providing a sufficient sample for testing in line with the instructions, and following the testing instructions.

7.2 When placing an order for a Kit you accept that it is your responsibility to ensure the sample kit is posted back to the laboratory within any required timeframe and that Latus Health cannot be held responsible for any delays that may occur in transit. If you choose to use a Royal Mail trackable service the vast majority of kits will arrive in time, however this is not guaranteed by Latus Health. Any turnaround time, including that of any guaranteed service does not start until a correctly taken sample is received by the laboratory. Latus Health cannot be held responsible for any delays caused by late receipt of the testing kit by the laboratory or any delays outside of Latus Health’s control such as for instance the lack of testing capacity at the laboratory in the case of supply problems.

7.3 When you Order a Test, you accept that you have requested a method of communication for results, if this method fails, or is not available, or in the opinion of Latus Health an alternative method of communication is in the best interests of you and public health, an alternative method of communication with you may be used.

7.4 Failure to comply with the provisions of clause 7.1 or 7.1 will not entitle you to a refund of any price paid for the Services and may affect the accuracy of the results of any tests carried out on your behalf.

7.5 If you order a test with Latus Health you are consenting to the sample collection procedure associated with that test or tests and the performance of those tests in any laboratory. You further consent that the results of any additional tests undertaken may be shared so as to ensure anyone affected can receive appropriate advice and treatment. You can withdraw that consent at any point up to when your sample is collected, and our normal refund and cancellation policy will apply.

7.6 We reserve the right to refuse to process a Kit returned to us for processing if such Kit is not receiving within 6 months of the date of dispatch, as set out in the Order Confirmation.

8. PRICE AND PAYMENT

8.1 The price of the Services and our delivery charges will be as quoted on our sites from time to time, except in cases of obvious error. 8.2 VAT is not payable in respect of the Services but may be charged for any other service offered by us.

8.3 Service prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.

8.4 Our sites contain a wide range of Services and it is always possible that, despite our best efforts, some of the Services listed on our sites may be incorrectly priced. We will normally verify prices as part of our Order procedure so that, where the correct price of a Service is less than our stated price, we will charge the lower amount to you. If the correct price of a Service is higher than the price stated on our sites, we will normally, at our discretion, either contact you for instructions before providing the Order Confirmation, or reject your order and notify you of such rejection.

8.5 We are under no obligation to supply the Services to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error.

8.6 Unless expressly agreed otherwise by the parties, payment for all Services must be by credit or debit card. We accept payment with Visa, Maestro, Mastercard, Visa Electron, AMEX, and Delta. We will not charge your credit or debit card until after we have issued the Order Confirmation.

9. OUR REFUNDS POLICY
9.1 Refunds are only available for orders prior to 48 hours before dispatch, and are subject to a 20% administration fee.

9.2 Cancellation of a test once a passenger has arrived back in the UK are non-refundable

10. OUR LIABILITY

10.1 Subject to clause

10.2, if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Services

10.3 By proceeding with any test you are formally providing your informed consent to undergo a Covid-19 Test.

10.4 You agree that your use of the Services is at your sole risk. We cannot and do not warrant that the tests performed as part of the Services will be 100% accurate due to the nature of the tests being performed. You further confirm that you have read the information provided on our website.

10.5 Any further tests required in accordance with clause 10.4 may be subject to an additional fee, of which you will be made aware of at the time of booking.

11. WRITTEN COMMUNICATIONS

Applicable laws require that some of the information or communications we send to you should be in writing. When using our sites, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

12. NOTICES

All notices given by you to us must be given to Latus Health at info@latushealth.co.uk. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 11 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.

13. TRANSFER OF RIGHTS AND OBLIGATIONS

13.1 The contract between you and us is binding on you and us and on our respective successors and assignees. 13.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. 13.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

14. EVENTS OUTSIDE OUR CONTROL

14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event). 14.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: 14.2.1 strikes, lock-outs or other industrial action; 14.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; 14.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; 14.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; 14.2.5 impossibility of the use of public or private telecommunications networks; and 14.2.6 the acts, decrees, legislation, regulations or restrictions of any government. 14.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

15. WAIVER

15.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations. 15.2 A waiver by us of any default will not constitute a waiver of any subsequent default. 15.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 12 above.

16. SEVERABILITY

If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

17. ENTIRE AGREEMENT

17.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract. 17.2 We each acknowledge that, in entering into a Contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them. 17.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract. 17.4 Nothing in this clause limits or excludes any liability for fraud.

18. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

18.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our systems’ capabilities. 18.2 You will be subject to the policies and terms and conditions in force at the time that you order Services from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Services).

19. LAW AND JURISDICTION

19.1 Contracts for the purchase of Services through our sites and any dispute or claim arising out of or in connection with them or their subject matter or formation (including noncontractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.

19.2 Accepting these terms and conditions means you have accepted them in the English Language.