TERMS & CONDITIONS
- WHO WE ARE
ROSHNI CLINIC LTD/MOHRLABS www.roshniclinic.co.uk is a company registered in England under company number 11787834 with registered office at 297 Manningham Lane , Bradford , Yorkshire , BD8 7NA.
Roshni clinic/Mohr labs is an approved end to end Sars Cov2 service provider and carries on the business of providing clinical testing services and has entered into an agreement with you, the customer, to provide such Services. ROSHNI CLINIC will appoint our partner laboratory with the provision of the Services and warrants that they will be held to the same accountability
- OBLIGATION OF YOU THE CUSTOMER
3.1 Provision of Sample by you for Testing by Roshni Clinic. The sample must be taken by you in line with our operating procedures as detailed in the instructions provided to you, and included in your contractual obligations below. This includes both throat and nasal swab. If, for any reason, you are not able to provide a sample as per the procedure we cannot guarantee that the sample provided will be suitable for analysis and a valid result forthcoming and Roshni Clinic accepts no responsibility for losses arising in such circumstances. 3.2 In order to meet these requirements you must follow the instruction supplied with your testing kits: 3.2.1 Intended Use 22.214.171.124The COVID-19 Screening Sample Collection Kit is intended for use in the collection and transport of nasopharyngeal swabs to be analysed by our partner laboratory for the detection of the 2019-Novel Coronavirus (SARS-CoV-2). 126.96.36.199Before you start, read all the instructions in this leaflet, and make sure you fully understand how the test should be done. Do not unpack the test kit until you are ready to take the test. 188.8.131.52 Only take this test if it is addressed to you. This test can be conducted on multiple age levels, please follow this guide for who should administer the test: 18+ Years Old – Self-administer test (unless unable to do so), 12 – 17 Years Old – Self-administer test with adult supervision, 11 Years and Under – Adult to administer test on the child. If for any reason you cannot complete the test continue to self-isolate as a household as per the government guidance. 184.108.40.206 Prior to taking your swab sample, please ensure you have arranged the return of your kit via your courier of choice. After taking your sample please endeavour to return your sample as soon as possible. 3.2.2 Sample Collection 220.127.116.11 Before starting, wash your hands thoroughly, for at least 20 seconds, using hand wash & warm water, or use hand sanitiser 18.104.22.168 Remove the supplies from the kit (see Figure 1): 1 swab (A), 1 sample collection tube (B), 1 transportation tube (C), 3 URN labels (D), 1 pathoseal bag (E), 1 large postal envelope (G) and 1 UN3373 Box (F). 22.214.171.124 Fully attach one adhesive URN label to the sample collection tube (B) and another to the pathoseal bag (E). Attach the remaining URN label to these kit instructions and keep for your own reference. 126.96.36.199 Open the package containing the swab (A) and remove without touching the soft tip. 188.8.131.52 Throat swab: Holding the swab in your dominant hand, open your mouth (use a mirror for guidance) and gently rub the swab over both tonsils and the back of the throat. Take care not to touch your tongue, teeth, or gum, or any household surfaces. 184.108.40.206 Nasal swab: Remove swab from the mouth and gently insert swab into nostril about 1 inch (2.5cm) or until some resistance is met. Rotate the swab 5 times against the nasal walls and repeat in the other nostril. 220.127.116.11 Remove swab from the nose, and while holding the swab, remove the lid from the sample collection tube (B) and immediately place the swab into the tube with the fabric tip down, again taking care not to touch any other surfaces. Break, snap or cut swab to fit inside the sample collection tube, and then replace the sample collection tube lid, ensuring it is securely fastened. 18.104.22.168 Wash hands again 3.2.3 Sample Registration Guidelines: It is crucial that you register your URN at https://www.roshniclinic.co.uk/register-your-pcr-antigen-test/ This registration process is essential, as without it, Roshni Clinic will not be able to provide you with results. You will not be able to receive your results if you have not registered your URN online. By submitting a sample to our laboratory, you are consenting to the testing of that sample. 3.2.4 Packing Guidelines 22.214.171.124 Place the labelled sample collection tube (B) containing the swab sample into the transportation tube (C) and seal. 126.96.36.199Place the transportation tube (C) into the labelled pathoseal bag (E) and seal the pathoseal bag by removing the metallic silver strip. Ensure the blue adhesive strips make a tight seal of the bag. 188.8.131.52 Insert the sealed pathoseal bag into the UN3373 box (F) and place the box into the UN3373 return envelope (G) provided. Seal the UN3373 return envelope by removing the metallic silver strip and wipe down the exterior of the bag. 3.2.5 Return Guidelines 184.108.40.206 Roshni Clinic may suggest a number of reputable couriers to assist the customer in fulfilling their obligation of getting the test to Roshni Clinic within the required time frame, this is done as a gesture of goodwill to you, but ultimately it is the obligation of the customer to ensure the test gets to Roshni Clinic in good time. 220.127.116.11 Please arrange delivery via courier of your completed kit to the address printed on the UN3373 Return Envelope (G). 18.104.22.168 Please ensure your chosen courier is able to handle biological samples according to UN3373 requirements. We recommend you select a tracked service. 22.214.171.124 Roshni Clinic may provide return label as a Goodwill gesture. In this case you may prefer to use provided label 3.3 It is your obligation to ensure that the sample is returned to Roshni Clinic with sufficient time for Roshni Clinic to be able to test the sample and provide you with result. Roshni Clinic will aim to provide results in 12-24h once sample is received at our Laboratory in Northern Ireland. This time frame is subject to change, and is approximate only, noting the above provision that time is not of the essence. 3.4 This agreement dictates the terms regarding the agreement. Roshni Clinic are not bound to adhere to any time frames that you require or may be set by a third party. 3.5 Should Covid 19 restrictions be in place in your area when you are seeking to return a sample to Roshni Clinic, if you are not legally able to travel, you must ensure that the sample is delivered by an alternative means. This is not the responsibility of Roshni Clinic and no liability will attach in this regard. 3.6 Roshni Clinic is not a travel agent and does not provide travel advice. It is your obligation to establish the requirements for travel for your journey. Different countries have different requirements. Roshni Clinic are not liable for any losses arising because you have not met your travel requirements
- OBLIGATIONS OF Roshni Clinic
4.1 Testing: Roshni Clinic will make every reasonable endeavour to analyse your sample and to provide you with a results report. However, on rare occasions, anomalies can occur during laboratory analysis, for example, issues with sample collection or processing errors. Roshni Clinic will endeavour to identify and correct any such issue. Additional samples may be required, if remaining sample is insufficient for repeat analysis. And as a consequence, results/reports may be delayed. Roshni Clinic will not be held accountable or liable for delays with testing that is outside of their control. 4.2 Results: Following receipt of your sample, we will make every reasonable endeavour to provide your test results within a reasonable timeframe following our laboratory receiving your sample. Delivery dates for test results are approximate only and Roshni Clinic will not be held liable for any delay in delivery, particularly in light of global shortages in raw materials and the unprecedented level of demand for our services in the current challenging circumstance, as well as subject to further terms in this agreement. You acknowledge that you will receive your results to the email address provided by you when booking your test. It is your responsibility to ensure that Roshni Clinic has the correct information pertaining to your email address. 4.3 Refunds/Cancellation Policy: Due to the proficiency of our services, our logistical response to orders is instantaneous. Once an order is placed, things are set in motion which cannot be undone, and the order shall be delivered accordingly. Roshni Clinic is unable to offer refunds for the following reasons: 4.3.1. The test kits are not suitable for return due to health protection or hygiene reasons, as per Article 28(3)(a) of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (“2013 Regs”) 4.3.2. It is a government requirement to meet UKAS accreditation to ensure full chain of custody of samples is traceable. Each test Kit is personalised with a unique reference number for the purposes of the testing process and further personalised with unique booking reference numbers due to government requirements for passenger locator forms The kit is therefore exempt from refunds as per Article 28(3)(b). 4.3.3. Depending on the shelf life of the subject kit, the test kits are liable to deteriorate or expire rapidly and therefore they are exempt from returns under Article 28(1)(c) of the 2013 Regs 4.3.4. Following government advice, on a zero-tolerance approach to fraud, criminal activity, and breaches of Covid restrictions and in the interests of Public Health Protection, In cases of Force Majeure as detailed in section 9 of this agreement.
The Day 2 Click and Collect test, will require the following information uploaded on to the system at the time of booking;
A copy of your passport
- Proof of Both Vaccinations
- A copy of your booking confirmation of your journey – 7 days in advance before departure
- If any of the above documents fail to upload – you will not be able to complete the purchase
- This Day 2 click and collect test must be purchased 7 days in advance from the date of your travel from the UK
- The Day 2 Click and Collect test must be collected from your chosen clinic at the appointment slot selected. It must be collected within 7 days in advance from the date of your travel from the UK
- Each customer is allocated a 15 minute time slot for collection
- Please arrive at your chosen clinic 15 minutes early to avoid any disappointment
- Only the person named on the booking can collect the test from the clinic
- Each person collecting their test will be required to show their passport as proof of ID and proof of your confirmed travel arrangements
- We are not able to accept bookings made by third parties or group bookings e.g. travel agents, pharmacies etc
- Failure to attend the appointment in the 15 minute allocated time slot will result in the booking being automatically cancelled, no refund will be given and the appointment will need to be re-booked (subject to availability)
- Customers who fail to attend their chosen clinic and attend another clinic for their appointment will not be seen, no refund will be given and the appointment will need to be re-booked (subject to availability)
- Payment must be completed at the time of purchase to secure your in clinic appointment
- Each customer can only book one appointment per day across all clinics
- A person who is not a party to the agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any terms of this agreement
- We reserve the Right to cancel any appointments at any time
- This product is not for resale and must be used by the person intended which will be matched with the Passenger Locator details provided to the UKHSA
Roshni Clinic does not condone or encourage any breach of Covid 19 restrictions. You must consider the current legislated position in your area at the time of booking. It is your responsibility to ensure that your Obligations under contract as listed above are not in breach of local laws or restrictions. Roshni Clinic will not be held liable should any restrictions apply to you and you are unable to meet your obligations, this applies in circumstances where these restrictions change after the date of booking the Service, rendering you unable to perform your obligations. If due to Covid 19 restrictions, you are not able to travel to return your sample to one of the Roshni Clinic Drop Boxes or other return means provided as a gesture of Goodwill, then it is your obligation to arrange an alternative means for the sample to be returned to Roshni Clinic to meet your timeframe. Any individual under the age of 18 should be accompanied and supervised by an adult to assist with using the Home Test Kit or attending an appointment.
Nothing in these terms or conditions excludes or limits the liability of Roshni Clinic as follows: – 1) for death or personal injury caused by our negligence, or 2) under section 2 of the Consumer Protection Act 1987, or 3) for fraud or fraudulent misrepresentation, or 4) by the conditions implied under section 12 of the Sale of Goods Act 1979 or 5) by the conditions implied under section 2 of the Supply of Goods and Services Act 1982. Roshni Clinic shall not be liable to you for any loss of profit, loss of business, loss of opportunity, loss of goodwill, or any claims for indirect compensation whatsoever, which may arise out of, or in connection with, the use of the goods or services provided. Where you are being provided with these goods and services as a consumer, our total liability in contract, tort, misrepresentation or otherwise; arising in connection with the performance of these conditions, shall be limited to losses which are a foreseeable consequence of the failure to comply with these terms and conditions only. Different limitations may apply where you have ordered testing kits for resale to third parties, or are otherwise operating as a business, and these terms are without prejudice to any separate terms that apply in that context, which would have been communicated to you at the point of sale. Any time frames alluded to above are approximate only and subject to change. Time is not of the essence in this contract and Roshni Clinic do not accept any responsibility or liability for losses arising as a result of any delay, if the test result is not provided to you within your required timescale as may be set by you or any third party. Without prejudice to the generality of the foregoing, this limitation is to include claims for losses where you have been unable to travel or work. Roshni Clinic will not be held liable for any losses arising as a result of your failure to adhere to your obligations or follow instructions as set out in this contract.
- PERSONAL INFORMATION
- YOUR SAMPLE
By agreeing to these Terms & Conditions, you are providing Roshni Clinic with consent to test a sample that you have provided for the detection of SARS-CoV-2. This may be completed using a multitude of scientific methodologies, for further improvements of COVID specific testing systems and for the detection of mutations and Variants of concerns (VOCs). Roshni Clinic aims and expects to securely and safely destroy all samples once all testing has been completed. It is not possible to return your sample to you.
- FORCE MAJEURE
Roshni Clinic shall not be held liable for any failure to perform its obligations under this contract, if it is prevented or delayed in performing those obligations by an event of force majeure, without prejudice to the generality of the foregoing, such events may include the following: 9.1 Adverse events (such as, but not limited to, fires, explosions, earthquakes, drought, tidal waves and floods); 9.2 war, hostilities (whether war be declared or not), invasion, act of foreign enemies, mobilisation, requisition, or embargo; 9.3 rebellion, revolution, insurrection, or military or usurped power, or civil war; 9.4 contamination by radio-activity from any nuclear fuel, or from any nuclear waste from the combustion of nuclear fuel, radio-active toxic explosive, or other hazardous properties of any explosive nuclear assembly or nuclear component of such assembly; 9.5 riot, commotion, strikes, go slows, lock outs or disorder, unless solely restricted to employees of the Supplier or of his Subcontractors; or 9.6 acts or threats of terrorism. 9.7 Supply or delivery restrictions arising as a result of governmental Pandemic response. 9.8 Any performance limitations arising out of an Act of Government, or with respect to any border travel, customs delay or trade restrictions.
The unenforceability or invalidity of any clause in this Agreement whether in whole or in part, shall not have an impact on the enforceability or validity of any other clause. Any unenforceable or invalid clause shall be regarded as removed from this Agreement to the extent of its unenforceability and invalidity at the finding of a competent Court.
Aside from any legal obligations to the contrary, or disclosure of results by you to third parties, the nature of this transaction and agreement is strictly private and confidential. Any disclosure by you to non-permitted third parties, on any platform, regarding the dealings of the parties to this agreement, or the agreement terms itself, will be considered a breach of this clause. In such an event, Roshni Clinic reserves the right to enforce the terms of this agreement to the full extent of the Law against you, should it be deemed necessary by Roshni Clinic. Such proceedings may include claims for defamation, injunctive relief and pursuit of damages and reasonable legal costs associated, in the event of a legal basis for a claim arising.
- GOVERNING LAWS
The governing laws of this agreement are the Jurisdiction where the Contract was deemed to be performed.