Prenetics EMEA Limited (“Prenetics”,” we”, “us”) with UK Company Registration No. 08834823 and registered office at Unit 2 Orpington Business Park, Faraday Way, Orpington, Kent, England, BR5 3AA.
Your use of Prenetics Services is a legal contract between you and Prenetics. 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 Prenetics’ Services is subject to the terms defined in these TOS. These TOS apply to any use of Prenetics’ Services, obtained via the Website or the Test and Release website which including:
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:
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:
By placing an Order for Services with us you are warranting to us that you meet the above criteria.
This provision applies to products and/or services purchased from Prenetics. It provides refund rights prior to either the test kit(s) being dispatched or being used, or alternatively, ahead of a testing appointment, as well as limited refund and replacement rights after use. Unless otherwise agreed, Prenetics will not accept returns and will refund you in the manner that we received payment from you.
To contact our customer services team to request to cancel or change your order, please contact us at firstname.lastname@example.org. Please supply any relevant evidence to your email, so we can process your request as efficiently as possible. Please note that refunds will be at the sole discretion of Prenetics and without any liability or prejudice to its rights.
REFUND RIGHTS PRIOR TO USE OF HOME TEST KITS (INCLUDING ACTIVATION)
i. If you cancel your home test kit(s) order and we haven’t dispatched your test kit(s), you will receive a full refund.
ii. If you cancel your PCR test kit(s) order within 2 months of the date we dispatch it and you have not activated the test(s), we will offer a full refund minus £20 administration fee, with an additional £10 per each additional PCR test kit to a maximum of £50.
iii. If you have activated your test(s) or sent your completed PCR sample(s) to our laboratory for analysis or cancel more than 2 months after the order is dispatched, unfortunately, we cannot offer you a refund. If we have dispatched your lateral flow antigen test kit(s), we will not provide a refund and you can use this test at a later date.
REFUND RIGHTS PRIOR TO ONSITE TEST POD APPOINTMENTS
If you would like to cancel your Test Pod test appointment, you will receive a full refund, up to 24 hours before the time slot for your appointment. If you do not cancel 24 hours before your test appointment, we cannot offer you a refund and you will be charged in full. No refunds will be provided if results have been issued or for missed appointments for onsite testing.
REFUND RIGHTS AFTER SAMPLE COLLECTION
Home Test Kits
All of our COVID-19 test kits include free Royal Mail Tracked 24 return mailers to post your completed sample to our laboratory. Send your test kit back using the free Royal Mail return envelope provided via a Royal Mail Priority Postbox Monday - Friday. Please make a note of the tracking number that is detailed on the returns label. Additionally, please do not stick the returns label on top of the lilac COVID-19 block on the outside of the kit box. If you have sent your completed sample to our laboratory for analysis, unfortunately, we cannot offer you a refund as your sample will be analysed by the laboratory. Prenetics does not accept any liability for lost or delayed samples and refunds will not be issued.
Onsite Test Pods
All Covid-19 test samples collected at our Test Pod locations in England are couriered daily (Monday - Friday) to our laboratory. Prenetics accepts liability for lost courier samples and refunds will be issued (subject to review). Home test kit customers are able to drop off PCR sample(s) at one of the onsite Test Pods to take advantage of the daily courier service. Samples must be returned before the courier arrives and passed by hand to the staff member on site. Prenetics does not accept any liability for lost or delayed samples that are dropped at the Test Pods out of hours and refunds will not be issued.
OTHER REFUND RIGHTS
Damaged / Missing kits
If you receive a damaged or defective kit, you must notify us on email@example.com within 30 business days of delivery, to initiate a valid damaged or defective kit claim for a refund. It is required that you keep all the packaging material, box(es) and broken items and provide it to us on request and at our expense, in order to complete the investigation. If the investigation confirms the kit to be damaged or defective, Prenetics will provide you with a replacement kit 1-3 business days after the completion of the investigation.
If you are missing any items from your order, you must notify us on firstname.lastname@example.org within 2 months of delivery. Prenetics will provide you with a replacement kit within 1-3 business days of such notification. If you fail to report damaged and / or missing items in your order within 2 months of receiving the kit, replacement items will not be delivered under any circumstances, subject to applicable law.
Prenetics does not accept any liability for delayed results due to late test kit delivery and will not provide a refund. Ongoing COVID-19 restrictions, reduced air and freight capacity, high volumes, and weather conditions are all impacting delivery across the UK. Please refer to our carrier’s website for their latest updates regarding delivery delays.
Any orders that are returned to Prenetics as refused by the receiver or non-deliverable will be reimbursed but you will be subject to a return handling fee, subject to applicable law. Prenetics reserves the right to refuse delivery of kits that require payment fees that have not been prepaid by the sender.
TRAVEL TESTS AND BUNDLES: ORDER CHANGES, CANCELLATIONS AND REFUND POLICY
The ever-changing Covid-19 travel rules and restrictions, from both the UK Government and foreign governments, are creating many uncertainties for travelling during the pandemic. This is why we offer flexibility for all Covid-19 test and bundle purchases.
Home Covid-19 Test Kits:
Pre-Departure Test Kits
We are able to upgrade or downgrade your pre-departure tests up until the day before we are due to dispatch your test kit(s).
Lateral flow antigen to PCR upgrade: If your destination's requirements change from accepting lateral flow antigen tests to requiring PCR tests, if we have not dispatched your order, we will cancel your pre-departure lateral flow antigen test and provide a full refund. You will then need to order a Home PCR Test Kit or book an onsite Test Pod appointment directly from our Website. If we have dispatched your order, you will need to purchase a Home PCR Test Kit or book an onsite Test Pod appointment directly from our Website. We do not offer refunds on lateral flow antigen tests, as you will be able to use the test kit at a later date.
PCR to lateral flow antigen downgrade: If your destination's requirements change from requiring PCR to accepting lateral flow antigen tests, and you wish to amend your test kit(s) order, please contact our customer support team who will update your order and arrange for the difference in test price to be refunded to you. If we have dispatched your PCR test kit(s) to you, we will offer a full refund minus £20 administration fee with an additional £10 per each additional PCR test kit.
Pre-Arrival Test Kits
If you wish to cancel your remote lateral flow antigen test(s) and we haven’t dispatched your test kit(s) to you, you will receive a full refund. If we have dispatched your lateral flow antigen test kit(s), we will not provide a refund.
Arrival Test Kits
We are able to upgrade or downgrade your arrival test kit(s) up until the day before we are due to dispatch your test kit(s).
Change from Green to Amber: If at the time of booking your Covid-19 test(s) or bundle(s) your destination country is on the green list and it moves to the amber list, please contact our customer support team who will send you a purchase link to upgrade your arrival tests to the mandatory day 2 and 8 arrival PCR tests. If we have dispatched the day 2 test kit(s), we will organise for day 8 test kit(s) to arrive on or before day 8.
Change from Amber to Green: If at the time of booking your Covid-19 test(s) or bundle(s) your destination country is on the amber list and it changes to the green list, please contact our customer support team who will amend your arrival tests from the day 2 and 8 PCR tests, to only the mandatory day 2 arrivals test, and will arrange for the difference in test price be refunded to you. If we have dispatched the day 8 test kit(s), we will offer a full refund and the test kit will be deactivated.
Change from Green/Amber to Red: If your destination country moves from either green or amber to the red list, you will be required to quarantine in a hotel on arrival to England and cannot use the arrival test(s) from Prenetics. Please contact our customer support team before your departure flight to England to cancel your arrival test(s). You will need to book your new arrival tests through the UK Government's website. If we have dispatched your order to you, we will offer a full refund minus £20 administration fee, with an additional £10 per each additional PCR test kit.
Onsite Test Pods
If you wish to change your time slot, you can do so free of charge up to 24 hours before your booked appointment time by contacting our customer service team. If you wish to change your time slot within 24 hours, you will be charged a £20 administration fee.
Home Test Kits
If you would like to cancel your home Covid-19 test kit(s) order - PCR tests and lateral flow antigen tests -and we haven’t dispatched your test kit(s), your order will be cancelled and you will receive a full refund. Once we have dispatched your kit, our refund policy will apply, as stated above.
If you would like to cancel your Test Pod appointment, you will receive a full refund up to 24 hours before your time slot. If you do not cancel 24 hours before your test appointment, we cannot offer you a refund and you will be charged in full.
CHANGES TO THE TERMS OF SERVICE
Prenetics 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, Prenetics 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 Prenetics, 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. Prenetics have rigorously researched the extent of accuracy available across laboratories. Prenetics 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. Prenetics 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: Prenetics 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 – Prenetics 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 Prenetics will not be held liable for any delay in delivery.
Booking the UK Government’s Mandatory Travel Tests:
Prenetics 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:
Prenetics 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: email@example.com
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 Prenetics 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 Prenetics’ 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 Prenetics suspects that your Registration Information is inaccurate and not current, or you do not meet the Condition Precedents stated previously, Prenetics 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 Prenetics 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 Prenetics 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. Prenetics 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 firstname.lastname@example.org.
You agree to: (a) immediately notify Prenetics of any use of your password or account that has not been authorized; and (b) exit from your account after each session. Prenetics EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY DAMAGE ARISING FROM NOT FOLLOWING THIS SECTION.
By accessing Prenetics Services, you agree to, acknowledge, warrant and represent as follows:
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, Prenetics has the right to terminate your account and refuse the future use of Prenetics Services and you will indemnify and hold harmless Prenetics 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.projectscreen.co.uk/legals/privacy/. 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.
PRENETICS’S PROPRIETARY RIGHTS
You understand and agree that Prenetics 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 Prenetics and you cannot disclose this information without Prenetics’ permission and written consent. Unless you have been authorized through writing by Prenetics, 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 Prenetics. 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 Prenetics for death or personal injury caused by our negligence, fraud, or fraudulent misrepresentation.
Prenetics 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 Prenetics.
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. For the purposes of Project Screen, this includes the COVID-19 test results.
"Project Screen by Prenetics" - means Project Screen, which is owned by Prenetics, a low-cost initiative in providing a solution to get individuals tested and diagnosed for COVID-19 to support an important cause that seeks to help the nation get back to a sense of normality.
"Information" - means any data received by Prenetics 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 Prenetics owns, located at https://www.projectscreen.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 Project Screen 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.