Terms & Conditions of Usage of the Local PCR website & service

UK PCR LIMITED (“LOCAL PCR”) ONLINE TERMS OF SUPPLY

1. These terms

   1.1 What these terms cover. These are the terms and conditions on which we supply our services to you through our website (https://localpcr.com/) or such other website we may use from time to time. These terms should be understood in conjunction with our Website Terms of Use (https://localpcr.com/website-terms/) prior to use of our website and services.

   1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

   1.3 When these terms come into effect.  These terms apply to bookings made from and including 21st October 2022.  For bookings made before this time, please refer to the terms in force at the time of your booking. You may contact us should you require terms in force at the time of your booking.

2. Information about us and how to contact us

   
   2.1 Who we are. We are UK PCR Limited trading as Local PCR, a company registered in England and Wales. Our company registration number is 13216819 and our registered office is at 176 Ground Floor, Holliday Street, Birmingham, England, B1 1TJ. 
   
   2.2 How to contact us. You can contact by us e-mailing our customer service team at info@localpcr.com. 

   2.3 How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
   
   2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

3. Our contract with you

   3.1 You can make a booking for our services via our website (www.localpcr.com)

   3.2 How we will accept your booking. Our acceptance of your booking will take place when we email you to accept it (where you have made the booking online), or when the confirmation of your booking appears on the website, at which point a contract will come into existence between you and us.
   
   3.3 If we cannot accept your booking. If we are unable to accept your booking, we will inform you of this in writing and will not charge you for the services. This might be because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the services or because we are unable to meet a delivery deadline you have specified.
   
   3.4 Your DHSC reference number. We will provide you with your DHSC reference number for any COVID-19 Day 2 & 8 and Day 5 tests within an hour of booking. If you have not received your reference number within this timeframe then you should contact us either via email.

4. Our Services
   
   4.1 We may provide any of the following services to you:
   
   4.1.1 any other services advertised on our website, or at our premises from time to time; and

   4.1.2 document the results.

   4.2 The services that we provide are described on our website. We reserve the right to change the description of the services from time to time and will publish any update to such services on our website.

   4.3 The choice of service suitable for you is entirely at your discretion. Whilst we may provide guidance on travel regulations and timescales, as well as any other services offered, we do this to assist our patients and expect that patients do their own research before booking their appointment. Will not be held liable for any losses or damages incurred.

5. Appointments

   5.1 We may offer mobile sample collection for testing. We can administer the tests at a clinic in one of our sites, your home, workplace, a hotel, an event or any in a face to face setting to where we would be lawfully invited and allowed to attend.

   5.2 An appointment will vary between 10-30 minutes.  If you are not at the clinic in your chosen premises at the time and date specified in your booking within 5 minutes, we may require you to rebook or we may cancel the appointment completely and clause 12.2 will apply.

   5.3 Our staff will use their reasonable efforts to be available for your test at the time and date specified in your booking. However, they may not be available up to 30 minutes after the time and date specified in your booking and such a delay will not give you any right to cancel the booking.
   
   5.4 ID verification. We reserve the right to verify your identity during each appointment or the identity of an accompanying adult (when testing relates to a child). This can be done via photographic ID which must match with the details supplied by you when attending your appointment.
   
   5.5 Test Certificates for travel.

   5.5.1 We cannot guarantee that any test certificate will be accepted by the relevant authority or other addressee, and we shall not be liable to you for any loss you suffer as a result of this.

   5.5.2 If being used to travel, you must keep up to date with the latest travel regulations to your destination country.  You may obtain information by visiting: https://www.gov.uk/foreign-travel-advice but we cannot accept responsibility for the information available from it, nor for changes in the governmental guidelines of your travel destination. 

   5.5.3 Whilst we may discuss travel regulations and timescales, we do this on a goodwill basis and will not be held liable for any damages.

6. Providing the Services
   
   6.1 If you make a one-off booking or purchase for our services, we will endeavour to provide the services to you at the time and date agreed with you during the booking process subject to clause 5.3 and clause 6.2.

   
   6.2 We are not responsible for delays outside our control. If the provision of the services is delayed by an event outside our or staff’s control including test transportation, testing and issuing results, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay if we are aware of such delays. An event outside our control means any act or event beyond our reasonable control, including (but not limited to):

   6.2.1 acts of God, flood, drought, earthquake or other natural disaster, collapse of buildings, fire, explosion or accident;

   6.2.2 epidemic or pandemic (including COVID-19 or variants thereof);

   6.2.3 terrorist attack or threat of attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict;

   6.2.4 imposition of sanctions, embargo or breaking off of diplomatic relations;

   6.2.5 nuclear, chemical or biological contamination or sonic boom;

   6.2.6 non-performance by suppliers or subcontractors;

   6.2.7 delays in the return of any test specimens to us via Royal Mail or other third party;

   6.2.8 any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, quota or prohibition; and

   6.2.9 any labour or trade dispute, strikes, industrial action or lockouts.

   6.3 When using our services, we will require you to provide certain information about you via a form you will need to complete online, or at the clinic. This will create an account for you with us. This information you provide is necessary for us to be able to provide the services to you. That information includes, for example, your name, address, age and information relating to your health relevant to the provision of the service. Further information may also be required upon attendance of your appointment for in-clinic services, necessary to the provision of the service.

   6.4 You are responsible for providing accurate information, including medical information, email address which is complete, accurate and up to date. We will not be liable for any loss or damage that you or any third party may suffer as a result of your failure to provide complete, truthful, accurate and up to date information or if your email system is not working. 

   6.5 You understand and agree that any test certificates are for your own personal use only and that you cannot transfer it to any other person.

   6.6 Timescales are estimates only. Timescales provided are estimates only and no guarantee is given as to any timescale. As a result, our services should not be relied upon where time is of the essence for the provision of the results.

   6.7 Our tests only cover the conditions and infections that they are specified to be for on our website. As with all tests, no test can be 100% accurate. Our tests may be subject to a window period for tests to be taken and for samples to be returned to us for testing. This window period for each test is made clear on test kits. Tests only provide results as at the date the sample was taken.

   6.8 Test results. We understand that, for the purposes of COVID-19 testing, most patients will require a Negative test result for work, travel and personal purposes.  A test may however return an undesired result outcome such as positive, inconclusive/unclear, fail or void. In addition to genuine results, false results can occur from time to time (no test is 100% accurate). In either case, provided that such is not as a result of our negligence, we are not responsible to you for any loss you suffer in connection to it.

7. Your rights to make changes

   7.1 If you wish to make a change to the services you have ordered, please contact us at info@localpcr.com.  We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the services, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 10 – Your rights to end the contract).

8. Our rights to make changes
   
   8.1 Minor changes to the services. We may change the services:

   8.1.1 to reflect changes in relevant laws and regulatory requirements; and

   8.1.2 to implement minor technical adjustments and improvements. These changes will not affect your use of the services.

   8.2 More significant changes to the services and these terms. We may decide to make more significant changes to the services that we provide, but if we do so we will notify you and you may then contact us to cancel the booking before the changes take effect and receive a refund for any services paid for but not yet received.

9. Price and Payment

   9.1 The price of the services will be the price indicated on the order pages on our website if you made your booking online, or the price quoted at the clinic. The price of the services do not include the cost of any prescription medication or additional charges quoted for further services. We take all reasonable care to ensure that the price of the services advised to you is correct. However please see clause 9.2. for what happens if we discover an error in the price of the services you book.

   9.2 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 booking so that, where the correct price of the services at your booking date is less than our stated price at your booking date, we will charge the lower amount. If the correct price of the services at your booking date is higher than the price stated to you, we will contact you for your instructions before we accept your booking.

   9.3 We accept payment by credit or debit card. Your payment details will only be transferred to and processed by the payment processor (of our choice from time to time) on their secure system in order to process your payment for our services.

10. Your rights to end the contract

    10.1 If you cancel the booking for a reason set out at clause 10.1.1 and clause 10.1.2 below the contract will end immediately and we will refund you in full for any services which have not been provided. The reasons are:

    10.1.1 we have told you about an error in the price or description of the services you have booked and you do not wish to proceed; 

    10.1.2 you have a legal right to end the contract because of something we have done wrong.

    10.2 Under the Consumer Contracts (Information, Cancellation and Additional charges) Regulations 2013 (Consumer Regulations), you can change your mind, and cancel a booking, for up to 14 days after making a booking.   However, by entering into the contract for the purposes in-clinic PCR testing, you expressly agree and request that we provide the services before expiry of the cancellation period (given the nature of the services we provide and the need for us to provide you with your PCR or Antigen test results as soon as possible).  Any refunds for cancelled in-clinic PCR test bookings will be subject to the deductions noted in clause 10.3.  

    10.3 You accept and understand that in accordance with clause 10.2 above, under the Consumer Regulations you have a right to cancel a booking during the applicable cancellation period. However, where you do exercise this right to cancel you accept and understand that we have a legal right under section 34 of the Consumer Regulations to mitigate our losses and to reserve the right to recover from you reimbursement of a reasonable amount of compensation.  We therefore charge the following cancellation fees, depending on the type of service, and when a request to cancel a booking is received by us:

    10.3.1 We are unable to issue refunds for the cancellation of COVID-19 PCR or Antigen test bookings.

    10.3.2 If we receive a request to cancel any other in-clinic PCR test booking more than 48 hours prior to the applicable booking: we will cancel that booking and refund the cost to you, less a £35 cancellation fee; and

    10.3.3 if we receive a request to cancel any other in-clinic PCR test booking 48 hours or less prior to the applicable booking: we will charge the full cost of the appointment, and be unable to issue a refund to you.

    10.3.4 Cancellation of Microsuction Earwax Removal services. Appointment fees for microsuction earwax removal services cover resource allocation for our professional staff, any locum-hire audiology professionals as well as their services and advice.
    You may exercise your right to cancel your booking within the applicable cancellation period stated within clause 10.2; however on exercising this right to cancel you accept and understand that again under section 34 of Consumer Regulations, we have a right to mitigate our losses and recover from you a reimbursement of reasonable compensation.

    We charge the following cancellation fees dependent upon the period within which your earwax extraction appointment has been cancelled:

    10.3.5 if we receive a request to cancel an earwax removal appointment more than 24 hours prior to the applicable booking: we will cancel that booking and refund the cost to you, less a £35 cancellation fee; and

    10.3.6 if we receive a request to cancel an earwax removal appointment 24 hours or less prior to the applicable booking we will charge the full cost of the appointment, and be unable to issue a refund to you.

    10.3.7 When you do not have the right to change your mind about the services. You do not have the right to change your mind about the services once the in-clinic procedure has begun, even if the cancellation period is still running.
    

    10.4 Hearcare appointment fees are not a success fee.
    Appointment fees include the time booked with our professional staff, in addition to their professional services and advice. Charges for appointment fees include, but are not limited to:

    • If a hearing test has been booked, but the customer’s hearing is found to be normal, no refund will be issued;
    • If a microsuction earwax removal has been booked, but no wax is found for removal, you will be charged the full cost of the appointment as a reflection of the resources allocated to the booked appointment.

    If the customer has not sufficiently softened their earwax prior to the appointment, either making it unsafe to proceed, or impossible to completely remove in the time allocated to the appointment, then no refund will be given. A free of charge follow-up appointment may be scheduled at our discretion wherever reasonably possible.
    

    10.5 We also offer you the option to reschedule bookings, but fees may apply as follows:

    10.5.1 if we receive a request to reschedule a booking more than 48 hours (24 hours for Hearcare and Audiology service appointments) prior to the applicable booking: we will endeavour to reschedule the booking at the requested alternative time / date / location where possible, and there will be no charge.  If you subsequently cancel the rescheduled booking, then the provisions of clause 10.3 shall apply; and

    10.5.2 if we receive a request to reschedule a booking 48 hours (24 hours for Hearcare and Audiology service appointments) or less prior to the applicable booking: we will endeavour to reschedule the booking at the requested alternative time / date / location. We shall not charge you for rescheduling the booking, but if you subsequently cancel the rescheduled booking then we shall be unable to issue a refund for this test (regardless of how far in advance the rescheduled booking is cancelled).

    10.5.3 we will also endeavour to reschedule your appointment when requested where possible; however in instances where this is not possible, we will issue a refund less a £35 cancellation fee.

    10.6 Please note that we may be obligated (by law) to report any cancellations of Day 2, Day 5 or Day 8 COVID-19 tests to governmental authorities.  Please see clause 15.4 of these terms and conditions.

11. How to end the contract with us (including if you have changed your mind)

    11.1 Tell us you want to end the contract. To end the booking with us, please let us know by doing one of the following:
    
    11.1.1 Email. Email us at info@localpcr.com.  Please provide your name, phone number, email address and details of the booking.

    11.2 We will refund you the price you paid for the services by the method you used for payment. However, we may make deductions from the price, as described below. Please note that you may lose your right to a refund if you cancel late as described in clause 10.2 and clause 10.3 for Hearcare and Audiology services.

    11.3 We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 30 days of your telling us you have changed your mind.

12. Our rights to end the contract

    12.1 We may end the contract if you break it. We may end the contract at any time by writing to you if:

    12.1.1 you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;

    12.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services;

    12.1.3 you do not, within a reasonable time and in any event within 5 minutes, attend, log in or make yourself available for your appointment at your chosen time in order for the services to be provided; or 

    12.1.4 you behave towards us or our staff in an inappropriate, abusive, violent, offensive, threatening or discriminatory manner.  
    
    12.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause
    12.1 we will refund any money you have paid in advance for services we have not provided but we may deduct or charge you as appropriate reasonable compensation for the net costs we will incur as a result of your breaking the contract. 

13. If there is a problem with the services
    
    13.1 How to tell us about problems. If you have any questions or complaints about the services, please contact our customer services team via email at info@localpcr.com.

    13.2 Summary of your legal rights within this contract. We oblige to supply services that are in conformity with this contract. You may ask us to repeat or correct a service which has not been provided with reasonable care and skill. Nothing in these terms will affect your legal rights.

    13.3 You understand that problems may be caused by treatment for earwax. Whilst earwax removal is generally safe, complications may arise either immediately or within a few days of the microsuction, such as the following:

    Dizziness

    Faintness

    A feeling of vertigo

    These symptoms should be short-lasted up to and within a period of a few days where they occur. You should contact us and seek out the professional medical attention of a GP if they should continue to occur.

14. Our responsibility for loss or damage suffered by you
    
    14.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our officers, directors, employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the services.

    14.2 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.

    14.3 We are responsible to you for foreseeable loss and damage caused by us.

    If we fail to comply with these terms, we shall be responsible for any loss or damage that you suffer as a foreseeable result of our breaking of the contract or failing to use reasonable care and skill. We are not responsible for any loss or damage that is not foreseeable.

    Loss or damage is foreseeable should it be obvious that it will happen or if, at the time the contract is formed, both we and you knew it may occur.

15. How we may use your personal information

    15.1 How we may use your personal information. We will only use your personal information as set out in our Privacy Policy.

    15.2 By agreeing to these terms and conditions you are agreeing to the sharing of personal information between us and third parties for:

    15.2.1 laboratories testing the samples;

    15.2.2 payment processors; and

    15.2.3 respond to any questions you may have.

    15.3 Where you provide us with special types of personal information, including information relating to your health, we will only process such information in so far as it is necessary in order to provide you with a service or to comply with the law. We will not process this information for any other purpose, without your express consent.

    15.4 We will only give your personal information to third parties if it is necessary to undertake or complete the service you have requested from us, with your consent or where the law either requires or allows us to do so.  For example, where any Day 2 and/or Day 8 PCR tests are cancelled, we are obligated to report such cancellations to the Department of Health and Social Care. If relevant information obtained within the appointment procedure requires referral to an ENT, GP or other third party medical professional to complete the provision of services where this information is relevant to said provision.

    15.5 We will only retain your personal information for as long as is necessary to provide the services to you.

    15.6 For more information on how we may process your personal data, please refer to our privacy policy. Please note, the privacy policy supersedes these terms and conditions if there is conflict.

16. Other important terms

    16.1 We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

    16.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may not agree if, for example, that other person is located outside the UK.

    16.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to

    ). This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

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

    16.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the services, we can still require you to make the payment at a later date.

    16.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the services in the English courts.