Terms and Conditions

General

Please read these terms and conditions (Terms and Conditions) carefully before ordering a testcard from this App. Please do not order any testcards from this App if you do not agree with these Terms and Conditions.

PLEASE CHECK THAT THE TESTCARD IS SUITABLE FOR YOU BEFORE ORDERING FROM US. IF YOU ARE TAKING PRESCRIBED MEDICATION FOR A MEDICAL CONDITION THEN A TESTCARD MAY NOT BE SUITABLE AS THIS MAY AFFECT THE TEST RESULT. IF IN DOUBT OR IF YOU ARE CONCERNED THAT YOU HAVE A MEDICAL CONDITION, WE ADVISE YOU TO SEEK ADVICE FROM A MEDICAL PROFESSIONAL BEFORE YOU ORDER A TESTCARD.

WE ARE SORRY BUT TESTCARDS SHOULD ONLY BE PURCHASED IN REGIONS WHERE THE APPROPRIATE REGULATORY APPROVAL HAS BEEN GAINED.

Meaning of Terms that we use

Privacy Policy means the policy displayed on our Website which details how we collect, process and store your personal data;
TestCard means the company TestCard Ltd;
testcard means the testing kits which are supplied by us;
TestCard App: means the software application made available to you by us and which enables you to obtain a test result;
youyour and yours are references to you the person accessing this Website and ordering a testcard from us;
weus and our are references to TestCard.com; and
Website is a reference to www.testcard.com.

How to Order a testcard

If you would like to place an order with us you may do so either via the Website or mobile TestCard App(s) by clicking the “Purchase” or “Subscribe” button for the relevant item or by contacting us directly to discuss your requirements.

Any contract for the supply of testcards from the Website or mobile TestCard App(s) is between you and us.

You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of ordering. You also warrant that the credit or debit card details that you provide is your own credit or debit card.

You must be over 18 years of age to order a testcard from us or have your parent or guardian order on your behalf.

When ordering from this Website you will be required to open an account and provide a username and password. You must ensure that you keep these details secure and do not provide this information to a third party.

We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.

Any order that you place with us is subject to product availability and acceptance by us. When you place your order online we will send you an email to confirm that we have received it and to advise whether the product is available. If the testcard you ordered is not available we will also let you know by email. The contract for the sale of a testcard will be entered into at the time we notify you that your order has been accepted.

Please note that our services and the testcards are not supplied outside the United Kingdom.

We reserve the right to alter the testcards available for sale on the Website and to discontinue any product line or service.

You will be notified by email once the testcard you ordered has been despatched.

Our testcards – what you can expect

We offer a range of different testcards on our Website. We recommend that you spend some time considering the type of testcard you require before you place your order.

Our testcards may not be suitable for you if you are taking medication or if you suspect that you have a serious medical condition. In these cases we advise you to consult with a medical professional before using a testcard.

Each testcard has a Use By date. The testcard must be used before the Use By date has expired to ensure a more reliable test result.

All testcards come with easy to follow instructions. Please ensure that you follow these to ensure that an accurate test result can be achieved.

How to obtain your results

In order to obtain your results you will need to download the TestCard App to your iOS or Android mobile device. This is free to download.

You will need to login to the TestCard App and follow the on screen instructions.

Once the pull-out test strip has been dipped into your urine sample you simply hold the strip up to the TestCard App on your mobile device. The TestCard App scans the test strip and will provide a reading which will appear on the screen of your mobile device.

The test results do not constitute medical advice. If you are concerned that you may have a medical condition then you should consult a medical professional as soon as possible. Undergoing a urine test is not a substitute for seeking medical advice from a medical professional.

Prices and Payment

All prices listed on the Website are correct at the time of publication however we reserve the right to alter these in the future. Prices are inclusive of value added tax and delivery to the region of sale.

The total price for testcards ordered, including delivery charges, will be displayed on the Website when you place your order. Full payment must be made at the time of placing your order.

You may order one testcard or sign up to a subscription service to receive testcards at regular intervals. When you order a subscription, the debit or credit card which you provided to us when you first placed an order will be charged by us before your testcard is despatched. We will take payment for the testcard on the day you have specified each month for the number of months you have requested when you first set up your account.

You may cancel or change a subscription service at anytime by logging into your account and selecting the relevant options which are made available to you. Please refer to section 12 below for more information on cancellation rights.

Delivery of your testcard

Delivery periods quoted at the time of ordering are approximate only and may vary. Testcards will be delivered to the address specified by you at the time of ordering. You may change the address for delivery by logging in to your online account and changing the details.

Please note: Delivery will not be outside of the region of sale.

All orders are delivered by a reputable courier. We will make every effort to deliver within the time stated however we will not be liable for any loss caused to you by late delivery. If we are unable to meet the agreed delivery date we will notify you of an alternative date as soon as possible.

No refunds of the delivery charge are made for late deliveries.

Incomplete orders must be notified to us as soon as possible following delivery and within 3 days of delivery. We will either arrange for the missing items to be delivered to you at no extra cost or refund you the original cost of the missing items.

All risk in the testcard shall pass to you upon delivery.

The TestCard App

We aim to have the TestCard App(s) available at all times, however, you will appreciate that we cannot guarantee this or that it will be error free and we cannot accept liability for any issues that this may cause. We aim to keep the TestCard App as up to date as possible.

Subject to your compliance with these Terms and Conditions, we grant to you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the TestCard App on your personal device solely in connection with your use of the testcards; and (ii) access and use any content, information and related materials that may be made available through the application, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by TestCard.com and our licensors.

When using TestCard App(s) you shall not: (i) remove any copyright, trademark or other proprietary notices from any portion of the TestCard App(s); (ii) reverse engineer, decompile or disassemble the TestCard App(s) except as may be permitted by applicable law; (iii) link to, mirror or frame any portion of the TestCard App(s); (iv) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the TestCard App(s) or unduly burdening or hindering the operation and/or functionality of any aspect of the TestCard App(s); (v) interfere with or disrupt the integrity or performance of the TestCard App(s) or the data contained therein, or our servers or networks; or (vi) attempt to gain unauthorised access to the TestCard App(s) or its related systems or networks. You must not create an account through unauthorised means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.

You must not interfere with the working of the TestCard App(s) nor must you circumvent security on the site, tamper with, or hack into, or otherwise attempt to disrupt our computer system, server, TestCard App(s), router or any other internet connected device or service. You must not use the TestCard App(s) to gain unauthorised access to any other computer system or website.

The TestCard App is intended for your personal use only (which must be reasonable and not offensive, abusive or in breach of any law or order). It is not for commercial use and you are not permitted to access, use or copy any material or information on the TestCard App for any commercial or unlawful purpose.

Information may be gathered about your use of the TestCard App or requested from you whilst you are using the TestCard App. All information is processed in accordance with our Privacy Policy.

Your Information

Where we have requested information from you to provide testcards you agree to provide us with accurate and complete information. Your information is collected, processed and stored by us in accordance with our Privacy Policy.

Cancellation and Returns

Right to Cancel:

Once a testcard is sent to you it cannot be re-used by anyone else and you cannot return it to us. You may cancel a subscription that you have with us at any time by following the instructions in ‘My Subscriptions’ in your online account.

You have the right to cancel the contract for the testcards within 14 days of the date that you received the testcard provided that this has not been opened and used.

To exercise your right to cancel you must notify us immediately preferably by emailing us or by calling us. You must provide us with a clear statement of your decision to cancel this contract. You can also electronically fill in and submit the model cancellation form on our Website. If you use this option, we will communicate to you an acknowledgement of receipt of such cancellation by email without delay.

If you have cancelled the contract and still receive a testcard you may return the testcard at your own cost or dispose of it in the normal household waste. Should we determine the testcard has been used by our application you may still be charged.

Effects of Cancellation:

If you cancel this contract within the required time period, we will reimburse to you all payments received from you, including the costs of delivery.

We will make the reimbursement without delay and not later than 14 days after the day on which we are informed about your decision to cancel this contract.

We will make this reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event you will not incur any fees as a result of the reimbursement.

Unfortunately, if you cancel the contract after you have opened and used the testcard we cannot offer you a refund.

If following receipt of the testcard (after a refund has been provided) we are able to determine the testcard has been used you may then be charged.

Returns for faulty or damaged testcards:

In the unlikely event that a testcard arrives with you in a damaged condition or it has been tampered then please email us quoting your purchase and order details with reference number. If you notify us of the fault as soon as possible following delivery of the testcard to you then we will offer you the option of a full refund, repair or replacement.

Linked Sites

There may be a number of links on our Website to third party websites which we believe may be of interest to you. We do not represent the quality of the goods or services provided by such third parties nor do we have any control over the content or availability of such sites. We cannot accept any responsibility for the content of third party websites or the services or goods that they may provide to you.

Complaints

We take complaints very seriously and aim to respond to your complaints within 5 business days. Please Contact Us should you have any complaints.

Our Website

The information, content and material available on the Website may vary from time to time without notice to you. This is in order to ensure that the Website is as up to date as possible.

We aim to have the site available at all times, however, you will appreciate that we cannot guarantee this or that it will be error free and we cannot accept liability for any issues that this may cause except where this has been caused by our negligence. We aim to keep the Website as up to date as possible; all product descriptions displayed on the Website are correct at the time the information is entered however the information appearing at the time may not always reflect the position exactly at the time you place your order.

You must not interfere with the working of our Website nor must you circumvent security on the site, tamper with, or hack into, or otherwise attempt to disrupt our computer system, server, website, router or any other internet connected device or service.

Intellectual Property Rights

Ownership in, and all rights created in relation to the contents of this Website, the testcards, the TestCard App, the results and the reports provided vest in us absolutely unless otherwise indicated. You must not modify, copy, reproduce, upload, post, transmit or distribute by any means or in any manner whatsoever, any material or information or download from our Website except where expressly invited to do so or indicated on our Website. You are given an unconditional royalty free licence to reuse the report for your own personal requirements. You are not permitted to use the report for commercial purposes or to re-publish it.

Limitation of Liability – please read

GREAT CARE HAS BEEN TAKEN TO ENSURE THAT THE INFORMATION AVAILABLE ON THIS WEBSITE IS CORRECT AND ERROR FREE. WE APOLOGISE FOR ANY ERRORS OR OMISSIONS THAT MAY HAVE OCCURRED. WE CANNOT WARRANT THAT USE OF THE WEBSITE WILL BE ERROR FREE OR FIT FOR PURPOSE, TIMELY, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR BUGS OR REPRESENTS THE FULL FUNCTIONALITY, ACCURACY, RELIABILITY OF THE WEBSITE AND WE DO NOT MAKE ANY WARRANTY WHATSOEVER, WHETHER EXPRESS OR IMPLIED, RELATING TO FITNESS FOR PURPOSE, OR ACCURACY.

IF WE ARE FOUND LIABLE FOR ANY LOSS OR DAMAGE TO YOU SUCH LIABILITY IS LIMITED TO THE AMOUNT YOU HAVE PAID FOR THE RELEVANT TESTCARD. WE EXCLUDE LIABILITY FOR LOSSES THAT WERE NOT FORESEEABLE TO BOTH PARTIES WHEN THE CONTRACT WAS FORMED AND LOSSES THAT WERE NOT CAUSED BY ANY BREACH ON OUR PART. THIS LIMITATION OF LIABILITY DOES NOT APPLY TO PERSONAL INJURY OR DEATH ARISING AS A DIRECT RESULT OF OUR NEGLIGENCE.

WE DO NOT ACCEPT ANY LIABILITY FOR ANY DELAYS, FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, VIRUSES OR OTHER CONTAMINATION OR DESTRUCTIVE PROPERTIES TRANSMITTED TO YOU, YOUR MOBILE DEVICE OR YOUR COMPUTER SYSTEM VIA OUR WEBSITE OR THE TESTCARD APP EXCEPT WHERE THIS HAS BEEN CAUSED BY OUR NEGLIGENCE.

WE SHALL NOT BE HELD LIABLE FOR ANY FAILURE OR DELAY IN DELIVERING THE TESTCARDS OR THE TESTCARD APP WHERE SUCH FAILURE ARISES AS A RESULT OF ANY ACT OR OMISSION WHICH IS OUTSIDE OUR REASONABLE CONTROL SUCH AS AN ACT OF GOD OR THOSE OF THIRD PARTIES.

THE PRODUCTS AND SERVICES PROVIDED BY US ARE PROVIDED FOR PRIVATE DOMESTIC AND CONSUMER USE ONLY. ACCORDINGLY, WE DO NOT ACCEPT LIABILITY FOR ANY LOSS OF DATA, LOSS OF INCOME OR PROFIT, LOSS OF DAMAGE TO PROPERTY AND/OR LOSS FROM CLAIMS OF THIRD PARTIES ARISING OUT OF THE USE OF THE WEBSITE, THE TESTCARD APP OR FOR ANY PRODUCTS OR SERVICES PURCHASED FROM US.

WE HAVE TAKEN ALL REASONABLE STEPS TO PREVENT INTERNET FRAUD AND ENSURE ANY DATA COLLECTED FROM YOU IS STORED AS SECURELY AND SAFELY AS POSSIBLE. HOWEVER, WE CANNOT BE HELD LIABLE IN THE EXTREMELY UNLIKELY EVENT OF A BREACH IN OUR SECURE COMPUTER SERVERS OR THOSE OF THIRD PARTIES EXCEPT WHERE THIS HAS BEEN CAUSED BY OUR NEGLIGENCE.

General Terms

We may subcontract any part or parts of the services that we provide to you from time to time and we may assign or novate any part or parts of our rights under these Terms and Conditions by giving you written notice.

We may alter or vary the Terms and Conditions at any time. Any variation will not affect existing orders placed with us. Variations or updates to our Terms and Conditions will be published on our Website. Any error or omission in any information, or document issued by us shall be subject to correction provided that the correction does not materially affect the contract.

The Terms and Conditions together with the Privacy Policy, any order form and payment instructions form the basis of our contract. In the event of any conflict between these Terms and Conditions and any other term or provision on the Website, these Terms and Conditions shall prevail.

If any term or condition of our agreement shall be deemed invalid, illegal or unenforceable, the parties hereby agree that such term or condition shall be deemed to be deleted and the remainder of the agreement shall continue in force without such term or condition.

These Terms and Conditions shall be governed by relevant United Kingdom law and the relevant courts of the United Kingdom will have exclusive jurisdiction in relation to these Terms and Conditions.

No delay or failure on our part to enforce our rights or remedies under these Terms and Conditions shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.

It is not intended that the undertakings and obligations of the parties set out in this contract shall be for the benefit of and capable of being enforced by any other person by virtue of the Contracts (Rights of Third Parties) Act 1999.

Last updated December 2018