Terms & Conditions
These Terms and Conditions apply to all use of our Products and Services including, but not limited to: a) purchasing a Covid testing laboratories Ltd Product or Service; b) submitting a test sample for processing; and/or c) creating a Covid testing laboratories Ltd account (CTL).
By ordering one of our products or services you agree to be bound by the following Terms and Conditions. These conditions may be subject to change and we therefore advise you to re-read this information periodically. Your statutory rights are not affected.
“Agreement” means the agreement that is entered into between CTL and the Customer when the Customer: a) purchases a CTL Product or Service; b) submits a test sample for processing; b) and/or c) creates a CTL account.
“Buyer” means the person that orders a product or Service, and is responsible for compliance with these Terms and Conditions.
“Commencement Date” is the date that the Agreement comes into effect, as outlined in Clause 2.
“Customer” includes both Buyers and Users, who these terms apply to on purchase or registration.
“CTL” means Covid testing laboratories Limited, whose registered office address is 14 Waterside Christchurch Dorset BH23 3NZ Registered number 13291670.
“Data Protection Legislation” means the UK data protection legislation (any data protection legislation from time to time in force in the UK including the Data Protection Act 1998 or 2018 or any successor legislation) and (for so long as and to the extent that the law of the European Union has legal effect in the UK) the GDPR and any other directly applicable European Union regulation relating to privacy.
“GDPR” means the General Data Protection Regulation ((EU) 2016/679).
“Product” or “Products” means CTL sample collection kits, information brochures and apps, in addition to any other products that we may choose to supply from time to time.
“Results” means the Covid 19 report and/or associated analysis.
“Sample Provider” means the person providing the test sample. A person may not submit a covid test sample to CTL without first registering as a User and accepting our Terms and Conditions.
“Service” or “Services” means CTL covid testing results and analysis by one of our approved testing laboratories.
“User” means the person who creates an online account with us or purchases any testing kit and/or service and is responsible for compliance with our Terms and Conditions. The Buyer and the User may, or may not, be the same person.
- Acceptance of Terms
2.1) Access and use of CTL Products and Services is subject to the terms of the legal agreement between you and CTL set forth in these Terms and Conditions.
2.2) These Terms and Conditions apply to any use of the Products and Services, including but not limited to:
- purchasing a CTL Product or Service; or
- downloading a digital version of your Results; or
- creating and using a CTL account.
In order to access and use the Products and Services you must first agree to these Terms and Conditions.
2.3) CTL reserves the right to revise or supplement these conditions. The continued use of this website following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes. Where possible, Customers will be made aware of any changes to these Terms and Conditions via email.
- Extent of the Products and Services
3.1) Unless explicitly stated otherwise, each new feature that augments or enhances the current Services shall be subject to these Terms and Conditions. You acknowledge and agree that the Products and Services are provided “as-is”.
3.2) In the future, CTL may offer different or additional technologies or features to test for Covid. Your initial purchase doesn’t entitle you to access to these upgraded features without fee.
3.3) CTL reserves the right to refuse an order request at any time for any reason. In such a case the Customer will be informed of this decision as soon as possible, and, if relevant, a full refund will be provided.
- Extent of the Products and Services
4.1) The CTL product range is not intended to be used for medical advice or diagnosis or treatment.
We do not provide medical advice and cannot guarantee a particular outcome as a result of you taking any test offered by CTL.
Please be advised that you are solely responsible for the way information in your Results is interpreted and acted upon.
4.2) The laboratory may not be able to process your sample.
The laboratory may not be able to process your sample if your sample does not contain a sufficient amount of test media, if the sample has not been taken by the customer in the correct way or has been contaminated in any way, or if the results from processing do not meet our standards for accuracy. In the event the initial processing fails for any of these reasons, CTL can not be held responsible and no refund will be offered.
4.3) The laboratory process may result in errors.
We make every effort to ensure our data is as accurate as possible. However, even for processing that meets our high standards, due to the nature of the laboratory techniques used, a small, unknown fraction of the data generated during the laboratory process may be un-interpretable or incorrect.
- Use of Personal Data
5.1) If a Customer purchases and/or uses Products and Services from CTL, CTL will collect and process relevant Personal Data of the Customer. This Personal Data will be used by CTL to optimally execute the Agreement, which may include relevant product information updates.
5.2) The Customer will be invited to additionally opt in to the following:
- Marketing communications informing them of relevant news articles, customer success stories, new product information and promotional offers that we believe they might find of interest;
- Allowing their Personal Data to be used for research and development purposes;
- Data Protection
6.2) The parties acknowledge that for the purposes of the Data Protection Legislation, the Customer is the data controller and CTL is the data processor (where Data Controller and Data Processor have the meanings as defined in the Data Protection Legislation).
6.3) Without prejudice to the generality of Clause 6.1, CTL shall, in relation to any Personal Data processed in connection with the performance of its obligations under this Agreement:
- process that Personal Data only on the written instructions of the Customer unless CTL is required or otherwise authorised by Data Protection Legislation to otherwise process that Personal Data;
- ensure that it has in place appropriate technical and organisational measures to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (such measures may include, where appropriate, pseudonymising and encrypting Personal Data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to Personal Data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by it);
- ensure that all personnel who have access to and/or process Personal Data are obliged to keep the Personal Data confidential; and
- not transfer any Personal Data outside of the European Economic Area unless the prior written consent of the Customer has been obtained and the following conditions are fulfilled:
- CTL has provided appropriate safeguards in relation to the transfer;
- the Customer has enforceable rights and effective legal remedies;
- CTL complies with its obligations under Data Protection Legislation by providing an adequate level of protection to any Personal Data that is transferred; and
- CTL complies with reasonable instructions notified to it in advance by the Customer with respect to the processing of the Personal Data;
- notify the Customer without undue delay on becoming aware of a Personal Data breach;
- at the written direction of the Customer, delete or return Personal Data and copies thereof to the Customer on termination of the agreement unless required by Data Protection Legislation to store the Personal Data; and
- maintain complete and accurate records and information to demonstrate its compliance with this Clause 7.
- Customer Account
7.1) In order to access CTL Products and Services, including the review of your Results, internet access is required. The Customer is responsible for internet fees and equipment.
7.2) Some services on our site permit or require you to create an account to participate or to secure additional benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by the service. You shall not impersonate any other person or entity or misrepresent your identity or affiliation with any person or entity.
7.3) If you provide any Registration Data that is untrue, inaccurate, not current or incomplete, or if CTL has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, CTL has the right to suspend or terminate your account and refuse any and all current or future use of our Products and Services.
7.4) Should a payment dispute be raised directly with CTLs or via one of our payment processors, we have the right to suspend or delete the account with immediate effect.
7.5) As part of your online account setup with CTL, you will create a username and password. You are responsible for maintaining the confidentiality of the username and password, and are fully responsible for all activities that occur under your username and password. If you allow third parties to access the CTL website through your username and password, you will defend and indemnify CTL and its affiliates against any liability, costs, or damages arising out of claims or suits by such third parties based upon or relating to such access and use. You agree to immediately notify CTL of any unauthorised use of your username or password or any other breach of security, and ensure that you properly log off from your account at the end of each session. CTL cannot and will not be liable for any loss or damage arising from your failure to comply with these terms.
- Unregistered Samples
8.1) When you provide us with a test sample, you are required to open an account with CTL via our secure registration process and register your sample barcode to your unique account. If you fail to register your sample barcode to your account, we will be unable to identify your sample on receipt at our facility.
8.2) If we receive an unregistered sample, we will attempt to trace the sample back to a customer using the information available to us. If we believe we have identified an unregistered sample that may belong to you, we will attempt to contact you on at least two occasions. If we are unable to verify the identity of an unregistered sample after 3 months, the sample will be destroyed and the Customer will need to pay for a replacement plus shipping.
- Customer Warranties
9.1) By accessing CTL Products and/or Services, you agree to acknowledge, represent and warrant each and every of the following:
- You give permission to CTL to perform testing services on the sample extracted from your test sample and to disclose the results of analyses performed on your test sample to you and to others you specifically authorise;
- You confirm that you are sixteen (16) years of age or older if you are providing Personal Data including Genetic Data;
- You guarantee that any sample you provide is your own;
- If you are a Customer outside of the UK providing a test sample, you confirm that this act is not subject to any export ban or restriction in the country in which you reside;
- You will not hold CTL liable for any inaccuracies in your Results if you download and transfer information to another information provider;
9.2) You agree that you have the authority, under the laws of the jurisdiction in which you reside, to provide these representations. In case of breach of any one of these representations, CTL has the right to terminate the Agreement and refuse any and all current or future use of the Products and/or Services (or any part thereof) and you will defend and indemnify CTL and its affiliates against any liability, costs or damages arising out of breach of the representation.
- CTL Intellectual Property Rights
10.1) We assert all our intellectual property rights, including but not limited to copyright, software, databases and know-how, in our website, Products and Services. CTL logos and product and service names are trademarks of CTL and these marks, together with the CTL name and any other CTL trade names, service marks, logos, domain names and other distinctive brand features, are the “CTL Marks”.
- Use of Content
11.1) All domains and copyright in the website and associated Products and Services is owned by CTL and all trademarks are the property of CTL.
11.2) The domains, logos, functions and the contents of all the sites (including but not limited to information, artwork, text, animations, video, audio, pictures and media files) are protected by copyright and trademark legislation.
11.3) We may change or delete content at any time, in any way, for any or no reason. You may access and use the Product and/or Service content for personal and non-commercial purposes only.
11.4) You may not modify, reproduce, republish, post, transmit, distribute or use any of the website, Product or Service content for any other purpose without CTL express written consent. Where consent is granted, you agree to:
- provide the content as it appears on the CTL website, Product or Service with no changes including but not limited to refraining from presenting selections which might tend to misrepresent the substance of the Product content; and
- include the following attribution on the first page of any materials you distribute: © CTL Ltd 2019. All rights reserved; and
- agree you have no right to offer anyone else any further right with respect to this website, Product or Service content; and
- do not use the Product or Service content in a manner that suggests an association with any of our Products, Services, or brands. Without explicit consent from us, as agreed in writing, any business, high volume or automated use of our website, Products or Services is prohibited.
11.5) In the event that we offer downloads of software and you download such software, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by us or third-party licensors for your personal, non-commercial home use only. We do not transfer title of the Software to you. You may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form.
12.1) The prices published by CTL on the website or through other channels apply to the Agreement and to the various Products and Services offered on or through the website, unless parties have agreed otherwise.
12.2) CTL is entitled to change these prices and/or offer promotional discounts from time to time. Changes will apply to any new Agreements made after any price is adjusted on the website.
12.3) All prices cited by CTL are listed in pounds (GBP) exclusive of VAT, except where stated otherwise. Outbound delivery charges are included in the prices quoted. Free return postage for return of the test sample to CTL or its appointed laboratory applies in UK.
12.4) The amount the Buyer owes to CTL as result of the Agreement will be settled in advance through a secure online payments system, unless otherwise agreed in writing. The Buyer is obliged to provide CTL with all information necessary to process payment correctly and in full. CTL will carry into effect the Agreement only after all necessary information concerning the payment authorisation has been received by CTL.
13.1) Time for delivery is not of the essence for any Product or Service provided by CTL. CTL will make reasonable efforts to ensure delivery within the stated delivery date.
13.2) If CTL becomes aware of circumstances that impede achievement of this delivery date, then CTL will notify the Buyer as soon as reasonably possible, indicating the revised expected delivery date.
- Faulty or Damaged Goods
14.1) Any goods supplied by us and found to be faulty or damaged will either be replaced free of charge or refunded in full. Any Product damaged when delivered must be notified to us within fourteen (14) days of delivery. We may arrange for the collection of the damaged goods.
14.2) You are required to check on receipt of your order whether the goods meet the requirements as stipulated in the Agreement. If the goods falls below these requirements, you are obliged to notify CTL in writing as soon as possible, and in all events within fourteen (14) days of delivery.
14.3) If it is demonstrated that the goods do not meet the requirements of the Agreement, CTL has the option to return and replace such goods with new goods, or to return the invoice value of such goods.
15.1) With regard to our COVID testing services, as a result of fraudulent activity related to mandatory testing we reserve the right to refuse to refund without adequate evidence of a change in circumstances. An administrative fee of £25 will be charged on all refunds that are accepted and processed to account for this additional processing. CTL additionally reserves the right to refund any payment made by the Buyer less any delivery and/or consumable costs incurred.
- Limitations of Liability
16.1) Nothing in these Terms and Conditions shall limit or exclude CTL liability for:
- death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
- fraud or fraudulent misrepresentation; or
- breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982.
16.2) Subject to clause 16.1:
16.2.1) The CTL Products and Services are not intended to be used for medical advice or diagnosis or treatment.
16.2.2 Please be advised that you are solely responsible for the way information in your CTL Report is interpreted.
16.2.6) Given the interactive nature of our website and other channels, we cannot endorse, guarantee, or be responsible for the accuracy, efficacy, or veracity of any content generated by our users.
16.2.7) We shall not be responsible for any errors or omissions contained on our website, as it is for general guidance only. We reserve the right to make changes to the website without notice.
16.2.8) The website may contain links to external Internet pages. CTL has not reviewed all these sites and they are not under our control. CTL is not liable for the use or the content of these external sites or for the content of any third party site which links to us.
16.2.9) Neither CTL, or its successors, employees, partners, suppliers, agents and representatives; nor any other party involved in creating, producing or delivering the CTL Website is liable for any direct, incidental, consequential, indirect or any other damages arising out of your access to, or inability to access, or use of, or inability to use, the CTL website and Services. This includes, but is not limited to, economic loss, injury, illness or death.
16.2.10) CTL shall under no circumstances whatever be liable to the Customer or Sample Provider, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss (including but not limited to loss of revenue, loss of anticipated savings, loss of goodwill, loss or corruption of or damage to data or for any incidental, consequential or special loss or damage) arising under or in connection with the Agreement. CTL combined total liability to the Customer or Sample Provider in respect of all other losses arising under or in connection with the Agreement shall in no circumstances exceed the total sum of the consideration received by CTL under this Agreement.
16.2.11) CTL exclude to the fullest extent permitted by law all warranties, conditions, terms and undertakings, expressed or implied, whether by statute, common law, custom, trade usage, course of dealings or otherwise, in respect of the goods and services provided by CTL. Nothing in this clause shall affect your statutory rights as a consumer.
16.3) This clause (clause 16) shall survive termination of the Agreement.
17.1) CTL may at any time, terminate an Agreement, if:
- The Customer has breached any provision of these Terms and Conditions; or
- The Buyer is in default of payment; or
- CTL is required to do so by law; or
- The partner with whom CTL offered the Products or Services to you has terminated its relationship with CTL or ceased to offer its services to you; or
- A contractually frustrating event arises as described in clause 16; or
- CTL is no longer able to provide the Products or Services to users in the country in which you reside.
17.2) If CTL terminates the contract in accordance with this clause 19, then it will not be liable for any costs or damages incurred by the Customer as a result of early termination.
17.3) Payments in advance before Termination do not have to be reimbursed.
17.4) Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Products or Services may be referred to appropriate law enforcement authorities.
17.5) The Customer acknowledges and agrees that CTL shall not be liable to them or any third party for any termination of their access to the Products or Services.
17.6) Upon termination of an Agreement, these Terms and Conditions will continue to govern the relations between parties to the extent that they are necessary for the completion of it.
- Unsolicited Submissions
18.1) Any non-personal material, information or other communication (collectively, “Information”) you post, email or transmit to CTL will be considered non-confidential and non-proprietary. By sending this Information to CTL, you grant it a non-exclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to copy, disclose, distribute, incorporate into other material and otherwise use the Information and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
18.2) If you submit Information to CTL that we subsequently use, you will hereby indemnify CTL against all damages and costs that CTL suffers or makes as a result of claims by third parties, that the use and/or exploitation of the Information violates the intellectual property rights of third parties or is otherwise wrongful to a third party.
- Transfer of Rights
19.1) CTL is entitled to assign, novate or transfer to any third party any or all of its rights and obligations on account of the Agreement, the Services or these Terms and Conditions without consent of the Customer.
19.2) The Customer is not entitled to assign, novate or transfer to any third party any or all of its rights and obligations on account of the Agreement, the Service or these Terms and Conditions without the consent of CTL. The consent of CTL is given entirely at its own discretion.
- Third Party Rights
We confirm that it is not your intent or the intent of CTL to confer any rights on any third parties by virtue of these Terms and Conditions and, accordingly, the Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms and Conditions.
- Force Majeure
Neither party shall be liable for any failure or delay in performing its obligations under any contract for purchase of the Products and/or Services to the extent that such failure or delay is caused by a Force Majeure Event. A Force Majeure Event means any event beyond a party’s reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including: strikes, lock-outs or other industrial disputes (whether involving its own workforce or a third party’s), failure of energy sources or transport network, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics or similar events, natural disasters or extreme adverse weather conditions, or default of suppliers or subcontractors.
- Severability Clause
If any portion of these Terms and Conditions is found to be unenforceable, the remaining portion will remain in full force and effect. Parties will replace the invalid parts with conditions that are indeed valid, and which, in view of the content and intent of these Terms and Conditions, conform to the judicial effects of the invalid part as closely as possible.
- Applicable Law
These Terms and Conditions are governed by, and shall be construed in accordance with, the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England to settle any dispute that may arise.
Notices to you may be made via either email, post or through your CTL member account. Official notices related to our Terms and Conditions must be sent to us at:
Covid Testing Laboratories Ltd
Any notices that you provide without compliance with this section on Notices shall have no legal effect.