End-user license agreement and Additional Terms
Qured Core Terms of Use and Additional Qured Terms and Conditions
We are Qured Health Limited, trading as Qured, of 71-75 Shelton Street, London, WC2H 9JQ, the creators of the Qured app (referred to below as the Platform).
You are a user of the Platform, either as an individual subscriber or as an Employee accessing our services as an employee benefit.
You must be at least 18 years old and resident in the UK to use the Platform.
By downloading the Platform, you are agreeing to the terms of this agreement (“Terms”) and where applicable our Additional Qured Terms and Conditions which are legally binding. Please read these Terms together with our Privacy Policy, before you download and use the Platform. Only download the Platform if you have read the rules and agree to them.
The Additional Qured Terms and Conditions apply to users of the Platform who are not accessing the Platform as an employee benefit.
If you do not agree to these Terms, we will not allow you to use the Platform and you should not download it.
ADDITIONAL QURED TERMS AND CONDITIONS
These additional terms apply to users of the Platform who will purchase Services directly from Qured’s website or app, rather than receiving the Services through an employee benefit scheme, and should be read in conjunction with our Qured Core Terms of Use, available below these terms and in the Qured App.
Any terms defined in the Qured Core Terms of Use for all Membership Users shall have the same meaning in these Additional Terms.
1. OUR CONTRACT WITH YOU
How we will accept your order for the Services. Our acceptance of your order for the Services will take place as follows:
By submitting an application for purchase via the Platform and submitting your payment details, you are making an offer to us to purchase the relevant test kits within the order. Your offer will only be accepted by us and a contract formed when we have successfully verified your details and taken payment for the selected package. You understand and accept that contract will begin as soon as we send you the email confirming your purchase. We will try to process your purchase promptly, but we do not guarantee that your purchase will be activated by any specified time. Users will be able to access certain Services through their purchase, depending on the test package ordered, as set out on the Platform.
Users may purchase additional test kits or services which will be charged at the time of purchase and added to their plan (Add-on Services). By requesting such Add-on Services via the Platform and submitting your payment, you are making an offer to purchase the Add-on Services. Your offer will only be accepted by us and an additional contract formed when we have successfully verified your details and confirmed your order by email;
We reserve the right to reject any offer for Services at our discretion, for any or no reason.
If we cannot accept your order for the Services. If we are unable to accept your order for the Services, we will inform you of this via email and will not charge you for such Services. This might be because (without limitation) we have not been able to verify your identity, because we have identified an error in the price or description of the Services or because we have not been able to pre-authorise the debit or credit card which is registered to your Account with any charges payable in respect of the Services that you have ordered
Medical Disclaimer: Qured's health tests are for informational purposes only and are not intended for the diagnosis or treatment of any disease. Always consult your GP or a qualified healthcare provider for medical advice.
2. COSTS
Where to find the price for the Services. The price of the Services (which includes VAT where applicable) will be as set out on the Qured website and/or Platform at the time you place your order for the Services. Our fees and charges may change at any time, but price changes will not affect any Services that you have already ordered at the time of the changes.
Promotional offers and discount codes may be restricted to specific services or users and are subject to change without notice. Only one discount code may be applied per order unless explicitly stated otherwise
3. PAYMENT TERMS
Payment at time of order. Your payment is managed through our third-party payment provider Stripe, and the contract between us is formed at the time your transaction is successfully processed.
What happens if we got the price wrong. We take all reasonable care to ensure that the price of the Services advised to you is correct. However, it is always possible that, despite our best efforts, some of the Services we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Service's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Service's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the Services, we will adjust the rate of VAT that you pay, unless you have already paid for the Services in full before the change in the rate of VAT takes effect.
App & Account access. As part of purchasing any testing Services, you shall have access to an account in the Qured app. This access continues unless you tell us to delete your account, which can be requested in the app, or if we notify you otherwise. For the avoidance of doubt, your statutory rights, including those set out in the Qured Terms of Use, are not affected.
Self-issuing refunds. If you use chargeback services available via your payment card provider in an attempt to self-issue refunds and we are successful in disputing any chargeback with your provider, you will pay our reasonably-incurred fees and costs in relation to administration and legal work in disputing your claim. You agree to pay such fees to us in cleared funds no more than 30 days from the dispute being successfully decided in our favour.
Test Kit Expiry: Test kits must be used and returned within 90 days of purchase. Kits not used within this timeframe may no longer be valid for analysis, and no refund will be issued
For cancellation provisions see Other Cancellation Rights in the Member Core Terms of Use).
Your statutory rights in relation to the “Cooling Off” period, and other consumer rights are set out in the Member Core Terms of Use.
4. COMPLAINTS
Please contact us with any complaints to the details set out at clause 4.
Complaints can be raised by contacting support@qured.com where a member of the Patient Experience team will aim to investigate all concerns and provide a written response within 5 working days. Where this is not possible, an acknowledgement email will be sent within 2 working days to confirm that an investigation into the complaint is underway and a written response will be provided within 20 working days.
If you remain unhappy after you have received a response to your complaint, you may escalate your complaint to the Care Quality Commission (CQC). Please note that The CQC can only consider a complaint that indicates a potential breach of the Health and Social Care Act, and/or the Regulatory Services of the Service Provider.
Their address is: Care Quality Commission, Citygate, Gallowgate, Newcastle upon Tyne, NE1 4PA
Telephone: 03000 616161; Email: enquiries@cqc.org.uk www.cqc.org.uk
QURED CORE TERMS OF USE
1 Definitions
1.1 In this agreement, the following definitions apply:
Account means an account set up by an Employee which is Activated, or means an account set up by a Membership User (regardless of whether such is Activated);
Activated means an Account which has been set up by an Employee logging in to the Account, and ordering a Test Kit;
Appointment means a virtual appointment via the Platform with a health adviser or clinician (includes but is not limited to a GP, Nurse, or other registered clinician).
App store has the meaning as set out in clause 2.2.
Disrupted Appointment means any booked Appointment which is disrupted due to failure of Qured’s equipment and software
Employees means, the employees, officers and/or workers of an existing Qured customer making use of the access to the Services as an employment benefit.
Membership User means a user who accesses the Platform as an individual subscriber in accordance with clause 10.2(2);
Membership Period means the period described in clause 10.2(2) (as applicable to you), during which period a Membership User may access our Services;
Services means Qured’s online services for individuals which are available via the Platform, as described on the Platform and in clause 10, being the provision of Tests by supply of Test Kits, and Appointments to support such Tests, and access to educational resources;
Test means the health tests which are recommended to or selected by the Membership User or the Employee through the Platform, or which are ordered additionally by the Membership User as per the Additional Qured Terms and Conditions;
Test Kit means the equipment which is available to the Membership User or Employee to order on the Platform;
2 This agreement
2.1 This agreement is made between you and us. The App store provider is not a party to this agreement, and has no responsibility for the Platform or its content.
2.2 We license you to download and use the Platform onto any App-store provider-branded product, and to use it once you have downloaded it, provided you follow all of the rules described in this agreement including the App Store rules. The licence:
2.2.1 is only for you personally (and anyone else that the App store lets you share the Platform with) and for non-business use;
2.2.2 starts when you download the Platform; and
2.2.3 covers content, materials, or services accessible from, or bought in, the Platform including all of our support resources. It also covers updates to the Platform unless they come with separate terms, in which case we will give you an opportunity to review and accept the new terms.
2.3 The Platform may be accessed, used and downloaded by other accounts that are associated with you through family sharing or volume purchasing in accordance with the App Store rules.
2.4 In this agreement, reference to the ‘App store’ means Apple’s App Store or the Google Play Store, and we refer to the rules contained in the relevant App Store provider’s Terms and Conditions as the ‘App Store rules’. You must comply with the App store rules as well as this agreement but, if there is any conflict between them, you should follow the App Store rules rather than the equivalent rule here.
2.5 You do not own the Platform or any of its contents but you may use it on devices that you own or control, as permitted by the App Store rules.
2.6 If you sell or give away the device on which you have downloaded the Platform, you must first remove the Platform from the device.
2.7 You are not allowed to:
2.7.1 modify the Platform’s code in any way, including inserting new code, either directly or through the use of another application or piece of software;
2.7.2 deliberately attempt to avoid or manipulate any security features included in the Platform; or
2.7.3 pretend that the Platform is your own or make it available for others to download or use (including by way of copying the code of the Platform and creating an independent version).
3 Technical requirements
To use the Platform your device needs to comply with the following minimum requirements:
Operating system
iOS 15.1 / Android 10
Space
100MB
Other
iOS: Downloading apps from the App Store requires a valid Apple Account
Android: Downloading apps from the Play Store requires a device with Google Play Services, and a valid Google Account
4 Support and contact
4.1 We are responsible for customer service in relation to the Platform and can help you if you are having any issues. You acknowledge that the relevant App store provider has no obligation whatsoever to provide any support or maintenance services in relation to the Platform, although if the Platform is faulty, you may be entitled to remedy in accordance with the relevant App store provider’s Terms and Conditions.
4.2 If you need to get in touch with us, you can use any of the following methods:
Our support pages
support.qured.com
Live Chat
Available on our website at qured.com or within the Platform
support@qured.com
Post
71-75 Shelton Street, London, WC2H 9JQ, UK
Telephone
+44 333 016 4411
4.3 If we need to get in touch with you, we will do so by phone call, email, live chat, or an in-Platform notification.
5 Privacy and your personal information
Protecting your personal information is important to us. Our Privacy Policy explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to it and how to contact us and supervisory authorities if you have a query or complaint.
6 Collection of technical information
We may collect and use technical data that might include, for example, the specifications of your device and its software in order to help us provide software updates, product support, and other services related to the Platform. We may also use this information, as long as it is in a form that does not personally identify you, to improve products or to offer new services or technologies to you.
7 Acceptable use
7.1 You must not use the Platform to do any of the following things:
7.1.1 break the law or encourage any unlawful activity;
7.1.2 send or upload anything that is (or might be considered to be) defamatory, offensive, obscene or discriminatory;
7.1.3 infringe our or anyone else’s intellectual property rights (for example, by using or uploading someone else’s content);
7.1.4 transmit any harmful software code such as viruses;
7.1.5 try to gain unauthorised access to computers, data, systems, accounts or networks; or
7.1.6 deliberately disrupt the operation of anyone’s website, application, server or business.
8 Intellectual Property Rights
8.1 If any third party claims that the Platform or your possession and use of the Platform infringes their intellectual property rights, we (and not the relevant App store provider) will be responsible for investigating the claim and, where appropriate, for defending, settling and/or discharging it.
8.2 We are the owner or the licensee of all intellectual property rights in the Platform, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
8.3 You may print off one copy, and may download extracts, of any page(s) from our Platform for your personal use and you may draw the attention of others within your organisation to content posted on our Platform.
8.4 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
8.5 Our status (and that of any identified contributors) as the authors of content on our Platform must always be acknowledged (except where the content is user-generated).
8.6 You must not use any part of the content on our Platform for commercial purposes without obtaining a licence to do so from us or our licensors.
8.7 If you print off, copy, download, share or repost any part of our Platform in breach of these terms of use, your right to use our Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
9 Updates to the Platform
9.1 We may update the Platform from time to time for reasons that include fixing bugs or enhancing functionality. We might also change or remove functionality but if we do that we will ensure that the Platform still meets the description of it that was provided to you at the time you downloaded the Platform.
9.2 Updates will either download automatically or you may need to trigger them yourself, depending on your device, its settings and the App store.
9.3 We strongly suggest that you download all updates as soon as they become available. Depending on the nature of the update, the Platform may not work properly (or at all), or you may be exposed to security vulnerabilities, if you do not keep the Platform updated to the latest version that we make available.
10 THE SERVICES
10.1 The Platform has been designed to allow the Membership Users and Employees (as applicable) to receive wellness services including screening, testing, education and health promotion services, as fully described on the Platform (the “Services”).
10.2 You can access our Services in different ways:
(1) Employees – where your employer has entered into a separate agreement with Qured to pay for the Services provided by Qured through the Platform; and
(2) Membership – where you choose to purchase a subscription to our Services. Such a subscription could be paid for on an annual, quarterly or monthly basis (the Membership Period). In return, you will be entitled to a certain level of Service, such as a specific set of Test Kits and will also be entitled to add-on certain Services. Further details about membership (as may be varied from time to time) can be found on our website.
The terms which apply to Membership Users, including the detailed payment terms, are set out in more detail in the Additional Qured Terms and Conditions.
10.3 Our Services include:
10.3.1 Providing Test Kits (see Schedule 1 for more detail);
10.3.2 Providing Appointments to support administration of Tests using the Test Kits and provision of results;
10.4 In relation to an Appointment, you will be able to schedule a time for such through the Platform. Employees may reschedule an Appointment at any time on giving 24 hours’ notice, and note that, if an Employee does not reschedule an Appointment in accordance with this clause 10.4 then their employer may be charged a fee. Membership Users may reschedule their Appointment at any time, and accept that we are not responsible and will accept no liability for any costs, expenses or losses that you suffer as a result of your failure to reschedule any Appointment with 24 or more hours’ notice.
11 ORDERING YOUR TESTS
11.1 The terms which apply to the Test Kits as described above at clause 10.1 are set out in Schedule 1 to these Terms.
12 YOUR STATUTORY RIGHT TO CHANGE YOUR MIND
12.1 This clause 12 applies to Membership Users only, and sets out the terms in relation to the Platform.
12.2 Statutory 14-day “Cooling-Off” Period. In most cases, where you purchase goods or services online, you have a statutory right to cancel your order within fourteen (14) days after the day on which the contract is entered into (“Cooling-Off Period”) without giving any reason. In our case, the Cooling-Off Period applies when you register for Membership
12.3 Waiving your statutory right to cancel during the Cooling-Off Period.
12.4 Membership Users. You understand and accept that by registering for Membership, you are agreeing that we can start to provide the benefits of the Membership Services (including your entitlement to order Test Kits) to you during the Cooling-Off Period.
12.5 If you cancel during the Cooling-Off Period and you have not ordered any Test Kits at the time of your cancellation, then we will give you a full refund of the annual, quarterly or monthly Membership Fee (as applicable) that you have paid.
12.6 If you cancel during the Cooling-Off Period and you have ordered one or more Test Kits at the time of your cancellation, then we will give you a full or partial refund of the annual, quarterly or monthly Membership Fee (as applicable) that you have paid to cover our reasonable costs incurred up to the date you cancel, but the provisions of Schedule 1 paragraph 4 shall apply in relation to such Test Kits.
12.7 When your refund will be made. We will make any refunds due to you as soon as possible and in any case within ten (10) working days of your telling us you have changed your mind.
13 YOUR OTHER CANCELLATION RIGHTS
13.1 Membership Users only: You may also cancel the contract for Services for the following reasons, subject to the specific terms relating to the Test Kits in Schedule 1:
13.1.1 if the Services are faulty or misdescribed;
13.1.2 we have told you about an upcoming change to the Services or these Terms which you do not agree to;
13.1.3 we have told you about an error in the price or description of the Services you have ordered and you do not wish to proceed;
13.1.4 there is a risk that supply of the Services may be significantly delayed because of events outside our control;
13.1.5 we have suspended the Platform for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 14 days ; or
13.1.6 you have a legal right to end the contract because of something we have done wrong.
In such circumstances, we will refund any sums you have paid in advance for Services which will not be provided and you may also be entitled to compensation.
13.2 Membership Users only: Cancellation of Membership. Subject to your statutory rights (as described above), you can cancel your Membership at any time during the Membership Period, but (after the Cooling-Off Period) you will not be entitled to a refund of the Membership fee (annual, quarterly or monthly Membership Fee as applicable). If you cancel your Membership during a current Membership Period and you are making monthly or quarterly payments, you understand and accept that we shall be entitled to take payment (from the debit or credit card registered to your Account) for the total amount of any outstanding monthly or quarterly payments which are due in respect of the remaining Membership Period (up to a total of the applicable fee for Membership fee for the relevant year). If you wish to cancel your Membership you must give us 14 days’ notice before the end of your current annual, quarterly or monthly Membership Period.
14 SUMMARY OF YOUR LEGAL RIGHTS.
14.1 We are under a legal duty to supply Services that are in conformity with these Terms. See the box below for a summary of your key legal rights in relation to the Services. Nothing in these Terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 0506.
Where you are purchasing services, the Consumer Rights Act 2015 says:
a) You can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.
b) If you haven't agreed a price beforehand, what you're asked to pay must be reasonable.
c) If you haven't agreed a time beforehand, it must be carried out within a reasonable time.
See also exercising your right to change your mind (Consumer Contracts Regulations 2013).
15 PROBLEMS WITH THE SERVICES
15.1 Disruptions. In the event that we determine that your Appointment is a Disrupted Appointment, we will terminate the relevant Appointment and enable you to rebook the Appointment .
15.2 Where Employees experience problems with the Services, they should contact us through the methods as set out in clause 4.
16 OUR RIGHT TO TERMINATE FOR YOUR BREACH
16.1 Our right to terminate. We may end the contract between us, terminating your right to use the Platform or the Services, if:
● for Membership Users only: you do not make any payment to us when it is due, as required by these Terms, or in the other circumstances set out in clause 22; or
● for Employees and Membership Users, in the other circumstances set out in clause 22.
16.2 Membership Users only: No entitlement to refund of Membership Fees. You understand and accept that we shall not be obliged to make any refund of any Membership fees paid by you (annual, quarterly or monthly payment , as applicable) if we terminate your Membership in such circumstances. You understand and accept that if you are making Monthly Payments, we shall be entitled to take payment (from the debit or credit card registered to your Account) for the total amount of any outstanding Monthly Payments which are due in respect of the remaining Membership Period (up to a total of the applicable Membership fee).
17 Changes to this agreement
17.1 We may need to revise this agreement from time to time to reflect changes in the Platform’s functionality, to deal with a security threat or if there is a change in the law or guidance.
17.2 You will be asked to agree to any material changes in advance by an in-Platform notification, usually when you download an update.
18 External services
18.1 The Platform may enable you to access services and websites that we do not own or operate (referred to below as ‘external services’).
18.2 We are not responsible for examining or evaluating the content or accuracy of these external services. Before using them, make sure you have read and agreed to the terms on which they are being offered to you including the way in which they may use your personal information.
18.3 You must not use external services in any way that:
18.3.1 is inconsistent with these Terms or with the terms of the external service; or
18.3.2 infringes our intellectual property rights, or the intellectual property rights of any third party.
18.4 From time to time, we may change or remove the external services that are made available through the Platform.
19 Our responsibility to you
19.1 If we breach this contract or are negligent, we are liable to you for foreseeable loss or damage that you suffer as a result. By ‘foreseeable’ we mean that, at the time this contract was made, either it was clear that such loss or damage would occur or you and we both knew that it might reasonably occur, as a result of something we did (or failed to do).
19.2 We are not liable to you for any loss or damage that was not foreseeable, any loss or damage not caused by our breach or negligence, or any business loss or damage.
19.3 If the Platform damages your device or any software installed on it as a result of our failure to use reasonable care and skill, please let us know. If we can, we will repair the damage. If that is not possible, we will compensate you. We may ask you for information (including photographs) about what has happened so that we can understand the nature of the problem.
19.4 Nothing in these Terms excludes or limits our liability for any death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow us to exclude or limit.
19.5 Further terms setting out our liability in relation to the Test Kits is set out in Schedule1.
20 REFUNDS AND RECOVERING LOSSES
20.1 If the Platform fails to meet the standards required by law (including that the Platform is of satisfactory quality, fit for purpose and as described), please contact the relevant App store provider who may provide you with a remedy. Any other claims, losses, liabilities, damages, costs or expenses will be our sole responsibility, including claims:
20.1.1 that relate to product liability;
20.1.2 that the Platform fails to conform to any applicable legal or regulatory requirement; and
20.1.3 arising under consumer protection, privacy, or similar legislation, including in connection with the Platform’s use of the HealthKit and HomeKit frameworks.
20.2 The relevant App store provider has no other responsibility or obligation in relation to the Platform beyond the remedies set out in its Terms and Conditions.
21 Failures of networks or hardware
The Platform relies on a number of things working properly to enable you to enjoy all of its features. Many of these, such as your internet connection, your device and the app store, are entirely outside of our control. Although we will do everything we reasonably can to resolve issues, we are not responsible to you if you are unable to use all or any part of the Platform due to a poor internet connection, faulty components in your device (such as a faulty camera), app store failure or anything else that it would not be reasonable to expect us to control.
22 Ending this agreement
22.1 We can end this agreement if you do not comply with any part of it including for the reasons set out in clause 16.
22.2 We will give you a reasonable amount of notice before the agreement ends in accordance with clause 22.1 but if what you have done is serious then we may end this agreement immediately and without advance notice to you. ‘Serious’ means that you are causing harm (or attempting to cause harm) to other users, interfering with the operation of the Platform or doing anything else that we think presents a big enough risk to justify us ending the agreement quickly.
22.3 The consequences of the agreement ending are as follows:
22.3.1 you are no longer allowed to use the Platform and we may remotely limit your access to it;
22.3.2 you must delete it from any devices that it has been installed on;
22.3.3 we may delete or suspend access to any accounts that you hold with us; and
22.3.4 you are not entitled to a refund, as described in clause 16.2.
22.4 We may also end the agreement at any time for any other reason. Where we do so we will notify you and provide the Services until the end of the Membership Period for which you have paid Membership fees (annual, quarterly or monthly payment, as applicable) at the end of which your Membership will terminate. You understand and accept that if you are making Monthly Payments, we shall be entitled to take payment (from the debit or credit card registered to your Account) for the total amount of any outstanding Monthly Payments which are due in respect of the remaining Membership Period (up to a total of the applicable Membership fee).
23 Prohibited territories and persons
23.1 You represent and warrant that you are not:
23.1.1 located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a ‘terrorist supporting’ country; and
23.1.2 on any US Government list of prohibited or restricted parties.
23.2 If either of the situations in clause 24 apply to you, you are not permitted to download and use this Platform.
24 Third parties
24.1 Where the App store provider is Apple, Apple and Apple’s subsidiary companies are third party beneficiaries of this agreement. This means that if you breach any of its terms, Apple has the right to enforce it and to take action against you directly, with or without our involvement.
24.2 Where the App store provider is Google Play store, no one other than us has the right to enforce any terms of this agreement.
25 Transferring this agreement
25.1 We may transfer our rights under this agreement to another business without your consent, but we will notify you of the transfer and make sure that you are not adversely affected as a result.
25.2 You are not allowed to transfer your rights under this agreement to anyone without our prior written consent.
26 Governing law and jurisdiction
26.1 The laws of England and Wales apply to this agreement, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of the country in which you live.
26.2 Any disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales. This means that you can choose whether to bring a claim in the courts of England and Wales or in the courts of another part of the UK in which you live.
Schedule 1 – HEALTH TESTS
1 Your service
1.1 You promise that all information that you supply to us in connection with an order for Test Kits and the Service is accurate and not misleading and that you will tell us if there are any important changes. We take no responsibility for the results of Tests where incorrect results occur because of incorrect information supplied by you.
1.2 We may offer discount codes from time to time. Such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered and are not transferable or redeemable for cash. Unless otherwise stated: codes (a) are only available for future new orders placed online; (b) cannot be used retrospectively; (c) can only be redeemed once per customer; and (d) may expire at any time at our discretion. You cannot use more than one discount code per transaction unless we state otherwise; if we do so, the order in which the codes are to be applied shall be in our sole discretion.
1.3 We reserve the right to reject any discount code if we consider that it is being used in breach of these terms. Discount codes are subject to any additional specific terms and conditions which are specified at the point of issue. We reserve the right to discontinue or otherwise modify any discount codes at any time without prior notice.
2 Delivery and Administration of Test Kits
2.1 Delivery is only to the postcodes or other locations mentioned on our Platform and is otherwise subject to any restrictions we have explained. We aim to send you the Test Kt so that it arrives ahead of your appointment time if you have scheduled an appointment with a health advisor. If your Test Kit does not arrive in time, you are able to reschedule your appointment with a health advisor within the app free of charge.
2.2 We aren’t responsible for delays in delivery
2.2.1 if due to circumstances beyond our reasonable control and where we could not have taken reasonable steps to deal with the delay
2.2.2 if you haven’t given us adequate delivery instructions or
2.2.3 if caused by any delivery provider we contract with.
2.3 When you are collecting your own sample, it is your responsibility to follow carefully any written or video instructions which we provide to you. We take no responsibility for any test failure due to incorrect or insufficient sample, or failure to follow instructions we provide.
2.4 If you inform us and can provide evidence that a Test Kit that you have received is damaged or defective, you are entitled to a replacement Test Kit.
3 Test Results
3.1 We will take reasonable steps to email or text you that your test results are available on your Account within the agreed timescale as set out on the Platform. We take no responsibility for late test results other than as set out in the Refunds and Cancellations section below.
3.2 You acknowledge that, as with any medical test, 100% accuracy of our tests cannot be guaranteed. For example, there is always a risk of either a “false positive” or a “false negative” test result. Accordingly, we are not legally responsible for incorrect test results and you rely on the test results at your own risk.
3.3 We do not take any responsibility or offer any refunds for inconclusive or void test results . We may in our discretion offer replacement tests in these cases.
4 Refunds and Cancellations for Members
4.1 You may cancel a Membership subscription within 14 days from the date of Membership subscription in accordance with the terms of the agreement. If no test kits have been dispatched, then you are entitled to a full refund. If a Test Kit has been dispatched, whether the Test Kit has been used (including if it has been sent on to one of our third party providers or analysed and/ or Test results sent to you) or not, we will offer at our discretion and subject to paragraph 4.2 of this Schedule 1 a refund minus the costs we have reasonably incurred at the time of cancellation. ,.
4.2 You understand and accept that, if you have to pay for the Test Kits which you have ordered, you will be charged for such Test Kits at the standard price of that Test (as set out on the Platform). We reserve the right to set off any amount payable to us in respect of such Test Kits against any refund that we are due to make under clause 12.6.1 of the Terms above. You understand and accept that we shall be entitled to take payment (from the debit or credit card registered to your Account) for the total amount of any outstanding fees which are due in respect of any Test Kits under this paragraph 4.2 of Schedule 1).
4.3 You must provide 14 days notice to cancel your subscription or it will renew automatically. You will receive a notification before your subscription renews. If you do not cancel, you will be automatically charged for the next subscription period.
4.4 If you choose not to renew your subscription, then you have until the end of your active subscription period to take any remaining Tests recommended to you. Tests remain available to take only as long as you have an active subscription, and are not pre-purchased or available after you have cancelled your subscription. If you have a Test in progress (if you have already ordered the Test Kit), then you are entitled to complete that Test as long as it is within one month of the end of your subscription.
5 LIABILITY
5.1 Subject at all times to clause 19.4, Qured will not be liable for any loss or damage suffered by you due to:
5.1.1 Misuse of any Test Kit or failure to follow its instructions
5.1.2 Any reaction due to a known health condition not shared with us or the health adviser or clinician;
5.1.3 Not acting on guidance provided by the health adviser or clinicians to purchase a follow up test or make follow up appointments with your GP or any other healthcare provider, following results received of your Test Kits.
5.2 We are not responsible to you for unforeseeable loss and damage caused by us directly or indirectly by the providing of Services.
5.3 Subject at all times to clause 19.4:
5.3.1 We are not liable for personal or business losses. We only supply the Services for domestic and private use. If you use the Services for any third party, 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.
5.3.2 We will not be liable for any loss or damage suffered by you, any third party or any property arising out of or in connection with the acts or omissions of any third party, including in circumstances where you were referred to such third party by us or where such third party was recommended to you by us.