Terms & Conditions
By completing an Online Order Form you are accepting the following Terms and Conditions
Terms & Conditions
Terms and Conditions of ScotNursing and Medical Services Limited (Company Number SC 380729) and having our Registered Office at Suite 4-1, Merchant’s House, 30 George Square, Glasgow G2 1EG (the “Provider”)
The following definitions and rules of interpretation apply in these terms.
Adequate Sample means: a sample from which a conclusive result can be obtained.
Antibody Test means: a rapid antibody tests to be provided at a Clinic.
Antigen Test means: a rapid antigen test to be provided at a Clinic.
Appointment means: the time you indicated for the Services to be carried out at the Clinic in the Online Purchase Order Form and confirmed by us by email or such other time agreed between us and confirmed by us by email.
Certificate means: a certificate issued by us to you confirming your Results.
Client ID Form means: forms sent to you to collect information in relation to your Sample.
Clinic means: the clinic set out in our email confirmation of the Appointment.
Clinic Instructions means: any instructions provided to you by any staff member at the Clinic.
Clinic Test means: a Service carried out at the Clinic.
Covid Test means: a test undertaken to determine if an individual has an active Covid-19 infection.
Day Zero means: the day you enter the United Kingdom.
Deadline means: any deadline that you require a Certificate or Result to be provided to you by.
Departure means: the date of your flight.
Eighth Day means: the eighth day after Day Zero (for the avoidance of doubt not including Day Zero).
Goods means: physical goods sold to you by us as part of your Order.
Government Quarantine Guidelines means: the quarantine guidelines indicated by the Scottish Government as amended from time to time.
Home Testing Kits means: Testing Kits provided to you for the purposes of home testing at the Location in accordance with the Scottish Government’s testing in force at the time of your Order.
Instructions means: any instructions provided to you by us with the Goods.
Laboratory means: the laboratory that will test the Samples.
Location means: the location set out in the Online Purchase Order Form where the Services are to be provided and/or the Goods are to be delivered (as appropriate).
Response Time means: the times indicated on our Website when Results and Certificates will be delivered to you by, such times are indicative only and are subject to laboratory availably and staffing.
Results means: your results following a Testing Kit being returned to us by you or your results following a Clinic Test.
Royal Mail Priority Postage means: the priority postage collection service provided by the Royal Mail.
Online Purchase Order Form means: the online order process on our Website.
Order means: your order for the supply of Products.
Products means: Goods and/or Services purchased by you as set out in your Online Purchase Order Form.
Sample means: a sample produced by a Testing Kit or Clinic Test.
Second Day means: the second day following Day Zero (for the avoidance of doubt not including Day Zero).
Services means: the services to be provided to you as part of your Order.
Testing Kits means: equipment provided to you to create a Sample.
Valid Result means: a positive or negative Result following an Antigen Test or Antibody Test.
Website means: www.scotnursing.com.
A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
A reference to a party includes its personal representatives, successors and permitted assigns.
A reference to a statute or statutory provision is a reference to it as amended or re-enacted.
A reference to a statute or statutory provision includes all subordinate legislation made under that statute or statutory provision.
Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
A reference to writing or written includes email. When we use the words “writing” or “written” in these terms, this includes emails.
- These terms
These are the terms and conditions on which we supply Products to you (the “Terms”).
Please read these terms carefully before you submit your Order to us. These Terms tell you who we are, how we will provide Products 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 on firstname.lastname@example.org to discuss.
In some areas you will have different rights under these terms depending on whether you are a business or a consumer. You are a consumer if you are an individual, you are buying Products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
If you are a business customer these terms constitute the entire agreement between us in relation to your purchase.
Unless otherwise agreed in writing by a Director of the Provider, these terms prevail over any terms of business or purchase conditions (or similar) put forward by the business customer.
Subject to this Clause 3, no variation or alteration to these terms shall be valid unless the details of such variation are agreed between a Director of the Provider and the consumer or business customer and are set out in writing and a copy of the varied terms is given to the consumer and/or business customer stating the date on or after which such varied terms shall apply.
You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
- Contact information
4.1 You can contact us by telephone on 0141 255 1222 or by writing to us at testing@scotnursing com.
4.2 If we have to contact you, we will do so by telephone to the number provided by you on your Order or by writing to you at the email address or postal address you provided to us in your Order.
- The contract between us
5.1 Our acceptance of your Order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
5.2 If we are unable to accept your Order, we will inform you of this and will not charge you for the product. This might be because the Goods are out of stock, 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 product or because we are unable to meet a delivery deadline you have specified.
5.3 We will assign an order number to your order and tell you what it is when we accept your Order. It will help us if you can tell us the order number whenever you contact us about your Order.
5.4 We only sell to the UK. Our website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from addresses outside the UK.
- Our Products
Goods and the packaging of the Goods may vary slightly from the images shown on our website which are for illustrative purposes only. Your Goods may vary slightly from those images.
7.1 Your rights to make amendments
We will endeavour to make any changes to your Order reasonably requested by you. Please contact us on 0141 255 1222 or email@example.com if you wish to change your Order. 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 your Order, 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.
7.2 Our rights to make amendments
We may change the Product in the following circumstances:
7.2.1 to reflect changes in relevant laws and regulatory requirements; and
7.2.2 to implement minor technical adjustments and improvements.
- Providing the Products
8.1 The costs of delivery will be as displayed to you on our Website at the time of your Order.
8.2 We will deliver Testing Kits to the Location as soon as reasonably possible and we will contact you with an estimated delivery. All Testing Kits are sent by Royal Mail first class tracked post. You may be able to pick up a Testing Kit from the Clinic.
8.3 We will send all Results and Certificates by email.
8.4 We will begin the Services on the date agreed with you during the order process.
8.5 We are not responsible for delays outside our control. If our supply of the Products (including delivery of a Result or Certificate) is delayed by an event outside our control then we will contact you as soon as reasonably possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Products you have paid for but not received.
8.6 For the avoidance of doubt, any delays caused by the actions of a third-party providing services to us or to you, including, without limitation, laboratory services or delivery services, will be deemed to be outside of our control.
8.7 If no one is available at your address to take delivery and the Products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the Products from a local depot.
8.8 If after a failed delivery of Goods to you, you do not re-arrange delivery or collect the Goods from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and Clause 14.2 will apply.
8.9 If you do not allow us access to the Location to perform the Services as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to the Location we may end the contract and Clause 14.2 will apply.
8.10 Goods will be your responsibility from the time we deliver the product to the Location.
8.11 You own the Goods once we have received payment in full.
8.12 We may need certain information from you so that we can supply the Products to you. If so, this will have been stated in the Online Purchase Order Form. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and Clause 14.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result.
8.13 We will not be responsible for supplying the Products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
8.14 We may have to suspend the supply of a Product to:
8.14.1 deal with technical problems or make minor technical changes;
8.14.2 update the Product to reflect changes in relevant laws and regulatory requirements;
8.14.3 make changes to the Product as requested by you or notified by us to you (in terms of Clauses 7.1 and 7.2).
- Your obligations
9.1 You authorise us to send your Sample to the Laboratory on your behalf for the extraction of coronavirus RNA and real-time polymerase chain reaction (rt-PCR) analysis of the RNA to detect active infection and the identification of the SARS Covid 2 Variant using next generation sequencing.
9.2 You shall:
9.2.1 ensure that the terms of the Online Purchase Order Form are complete and accurate;
9.2.2 if relevant, order any Products at least five days prior to Departure (It is your responsibility to make sure they take the required test(s) on the correct day(s) as per the current Government guidance) Please allow for Sundays or Bank Holidays when purchasing kits as this could delay results;
9.2.3 follow the Instructions accurately;
9.2.4 complete any Client ID Forms sent to you;
9.2.5 co-operate with us in all matters relating to the Services;
9.2.6 provide our employees, agents, consultants and subcontractors with access to the Location (where appropriate) as reasonably required by us to provide the Services; and
9.2.7 provide us with such information and materials as we may reasonably require in order to supply the Services and ensure that such information is complete and accurate in all material respects.
9.3 Your obligations if you order a Testing Kit you shall:
9.3.1 follow the Instructions accurately; and
9.3.2 return any completed Testing Kits to the address directed by us using Royal Mail Priority Postage and, if relevant, at least four days prior to your Departure using the provided pre-paid packaging.
9.4 Your obligations if you order a Clinic Test you shall:
9.4.1 attend the Clinic on the allotted time of your Appointment;
9.4.2 if you are unable to make your Appointment, contact the Clinic as soon as possible to rearrange;
9.4.3 wear a mask at all times and follow all Clinic Instructions;
9.4.4 if you have ordered an Antigen Test or Antibody Test, stay close to the Clinic until you have received a Valid Result. If you do not receive a Valid Result, we will retake the Antigen Test or Antibody Test free of charge until you receive a Valid Result.
9.5 If you order Home Testing Kits you will:
9.5.1 on the Online Purchase Order Form complete all the mandatory government forms and confirm if you would like your Home Testing Kits carried out at the Clinic or to be sent to the Location;
9.5.2 if the Home Testing Tests are to take place at the Location, abide by all the obligations set out in Clause 9;
9.5.3 complete a Testing Kit on, or before the Second Day;
9.5.4 complete a Testing Kit, on or after the Eighth Day;
9.5.5 if Day 2 and Day 8 Tests are to take place at the Clinic, abide by all the obligations set out in these Terms and when completing the Online Purchase Order Form;
9.5.6 book an Appointment on, or before the Second Day; and
9.5.7 book an Appointment on, or after the Eighth Day;
9.5.8 follow any Government self-isolation Guidelines.
9.6 If you order Day 2 & Day 8 Testing Package, we shall in addition to our obligations set out in these Terms and Conditions:
9.6.1 provide you with a document confirming our details which can be used when requested on entry into the United Kingdom;
9.6.2 if relevant, send one Testing Kit to the Location prior to the end of the Second Day;
9.6.3 if relevant, send a second Testing Kit to the Location on or around the seventh day following Day Zero.
9.7 We shall not:
9.7.1 be held liable for any costs that you incur by not taking any Home Testing Kits on the correct day;
9.7.2 refund you the cost of a second Testing Kit if you receive a negative Result after taking a Covid Test using the first Testing Kit on or before the Second Day and, in line with the Government Guidelines, are in consequence not required to take a Covid Test on the Eighth Day.
9.8 As a result of sensitivity of the tests in a very small amount of cases you may get an inconclusive test, you must either take another test (at your own cost) and follow the current Government guidelines as to self-isolation from the day after your test date. You may be contacted by NHS Test & Trace/Test and Protect to check that you are self-isolating. The Provider will not be liable for losses, costs, damage that the customer suffers or incurs as a result of any delays in receiving test results or as a result of inconclusive test results.
Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:
10.1 If what you have bought is faulty or misdescribed you may have a legal right to terminate the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), if you are a consumer Clause 16 will apply if you are a business Clause 17 will apply.
10.2 If you want to terminate the contract because of something we have done or have told you we are going to do see Clause 14.
10.3 If you are a consumer and have just changed your mind about Goods, see Clause 14.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any Goods;
10.4 In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see Clause 14.
10.5 If you are ending a contract for a reason set out in this Clause 10.5 below the contract will end immediately and we will refund you in full for any Products which have not been provided and you may also be entitled to compensation. The reasons are:
10.5.1 we have told you about an upcoming change to the Product or these terms which you do not agree to;
10.5.2 we have told you about an error in the price or description of the Product you have ordered and you do not wish to proceed there is a risk that supply of the Products may be significantly delayed because of events outside our control;
10.5.3 we have suspended supply of the Products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 28 days; or
10.5.4 you have a legal right to end the contract because of something we have done wrong.
- Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013).
11.1 If you are a consumer then for most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
11.2 Your right as a consumer to change your mind does not apply in respect of Goods sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
11.3 If you are a consumer how long you have to change your mind depends on what you have ordered and how it is delivered.
11.4 If you have bought Services, you have 14 days after the day we email you to confirm we accept your order. However, once we have completed the Services you cannot change your mind, even if the period is still running. If you cancel after we have started the Services, you must pay us for the Services provided up until the time you tell us that you have changed your mind.
11.5 If you have bought Goods you have 14 days after the day you (or someone you nominate) receives the Goods, unless:
11.6 Your Goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery.
11.7 Even if we are not at fault and you are not a consumer who has a right to change their mind (see Clause 11.1-11.3), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for Goods is completed when the Good are delivered and paid for. A contract for Services is completed when we have finished providing the Services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you are not a consumer who has changed their mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for Products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the.
11.8 To end the contract with us, please let us know by calling us on 0141 255 1222 or emailing us at testing@scotnursing com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
- Returning Goods
If you end the contract for any reason after Goods have been dispatched to you or you have received them, you must return them to us. You must post them back to us at Suite 4-1 Merchant’s House 30 George Square Glasgow G2 1EG or as otherwise directed by us.
12.1 We will pay the costs of return if the Goods are faulty or misdescribed;
12.1.1 if you are ending the contract because we have told you of an upcoming change to the Goods or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or
12.1.2 in all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return.
- Rights to a refund.
13.1 If you are entitled to a refund under these terms, we will refund you the price you paid for the Goods including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
13.2 When we may make deduction from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind:
13.3 We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Goods, if this has been caused by your handling of the Goods.
13.4 The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
13.5 Where the product is a Service, we may deduct from any refund an amount for the supply of the Service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
13.6 When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then:
13.7 If the products are Goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the Goods back from you or, if earlier, the day on which you provide us with evidence that you have sent the Goods back to us. For information about how to return a product to us, (see Clause 12).
13.8 In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
- Our rights to terminate the contract
14.1 We may end the contract if you break it. We may end the contract for a Product at any time by writing to you if:
14.1.1 you do not make any payment to us when it is due and you still do not make payment within 2 days of us reminding you that payment is due;
14.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products;
14.1.3 you do not, within a reasonable time, allow us to deliver the Products to you;
14.1.4 you do not, within a reasonable time, allow us access to the Location to supply the Services.
14.2 You must compensate us if you break the contract. If we end the contract in the situations set out in Clause 14.1 we will refund any money you have paid in advance for Products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
- If there is a problem with the product
If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 0141 255 1222 or write to us at firstname.lastname@example.org or Suite 4-1 Merchant’s House 30 George Square Glasgow G2 1EG.
- If you are a consumer we are under a legal duty to supply Goods that are in conformity with this contract. Nothing in these terms will affect your statutory legal rights.
Consumer’s Legal Rights – summary
16.1 These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
16.2 If your product is goods, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
16.2.1 Up to 30 days: if your goods are faulty, then you can get an immediate refund.
16.2.2 Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
16.2.3 Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
16.2.4 Please also see Clause 13 for rights to a refund.
16.3 If your product is services, for example, the Consumer Rights Act 2015 says:
16.3.1 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.
16.3.2 If you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.
16.3.3 If you haven’t agreed a time beforehand, it must be carried out within a reasonable time.
16.3.4 Please also see Clause 13 for rights of a refund.
16.4 Your obligation to return rejected Goods.
If you wish to exercise your legal rights to reject Goods you must post them back to us. We will pay the costs of postage or collection.
- If you are a business customer we warrant that on delivery any Goods shall:
17.1 conform in all material respects with their description;
17.2 be free from material defects in design, material and workmanship;
17.3 be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
17.4 be fit for any purpose held out by us.
Subject to 17.3, if:
17.5 you give us notice in writing within a reasonable time of discovery that the Goods do not comply with the warranty set out in 17.1;
17.6 we are given a reasonable opportunity of examining such Goods; and
17.7 you return such Goods to us at our cost:
we shall, at our option, repair or replace the defective Goods, or refund the price of the defective Goods in full.
17.8 We will not be liable for a Goods failure to comply with the warranty in Clause 17.1 if:
17.9 you make any further use of such Goods after giving a notice in accordance with Clause 17.5;
17.10 the defect arises because you failed to follow our oral or written instructions as to the storage or use of the Goods or (if there are none) good trade practice;
17.11 you alter or repair the Goods without our written consent; or
17.12 the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
Except as provided in this Clause 17, we shall have no liability to you in respect of a Goods failure to comply with the warranty set out in Clause 17.1.
These terms shall apply to any repaired or replacement Goods supplied by us under Clause 17.8.
- Price and payment
18.1 The price of the Product (which excludes VAT) will be the price indicated on the Website. We take all reasonable care to ensure that the price of the Product advised to you is correct. However please see Clause 18.3 for what happens if we discover an error in the price of the Product you order.
18.2 If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
18.3 It is always possible that, despite our best efforts, some of the Products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Product’s correct price at your order date is less than our stated price at the date of your Order, we will charge the lower amount. If the Product’s correct price at the date of your Order is higher than the price stated to you, we will contact you for your instructions before we accept your Order. If we accept and process your Order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any Goods provided to you.
19.1 You must pay for Goods and Services at the time of your Order according to any credit terms agreed between us or as otherwise agreed between us.
19.2 If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
- Loss or damage
20.1 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
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 employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Products and for defective Products under the Consumer Protection Act 1987
If we are providing Services at the Location, we will make good any damage to your property caused by our negligence while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the Services.
If you are a consumer we only supply the Goods for to you for domestic and private use. If you use the Goods for any commercial, business or re-sale purpose our liability to you will be limited as set out in Clause 17.
20.2 Nothing in these terms shall limit or exclude our liability for:
20.2.1 death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
20.2.2 fraud or fraudulent misrepresentation;
20.2.3 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;
20.2.4 defective products under the Consumer Protection Act 1987; or
20.2.5 any matter in respect of which it would be unlawful for us to exclude or restrict liability.
20.3 Except to the extent expressly stated in these Terms all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
20.4 Subject to Clause 20.1:
20.4.1 we shall not be liable to you, whether in contract, delict (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
20.4.2 our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, delict (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for Good and/or Services under such contract.
20.5 For the avoidance of doubt, the Provider will not be liable to you for any losses, costs or damages that you suffer or incur as a result of receiving a positive test result.
- Personal Information and Data Protection
ScotNursing & Medical Services Limited uses your personal data for a number of different reasons. Personal data is any information that identifies you or. It includes your name, email address, postal address, Passport Number, flight details, photographs, CCTV and more sensitive types of information such as medical and health records (including your vaccination status), your gender.
We comply with the law in place in the UK around data protection when we use your personal data including
“GDPR” (short for the General Data Protection Regulation) and the Data Protection Act 2018. The law allows us to use your personal data for a number of reasons without checking with you that it is ok for us to do so, for example, where we can show that we have legitimate reasons to use your personal data or where we need to use your personal data to provide you with the services you have requested from us, or to meet a legal obligation placed on us.
We need your consent for us to process your personal data to ensure the safe administration of your Covid-19 test and then pass that information over to the Laboratory who will process the test for you.
It is a legal requirement that the Provider of the service share all COVID-19 test results with Public Health Scotland and Public Health England and the NHS Test and Protect and Test and Trace Programme. By accepting these Terms you are consenting us to share your information as outlined above).
If you are unsure about why we are processing your personal data for the reasons set out above, or what we are doing with it, please ask your Health Care Professional at the Clinic or email us at email@example.com and we would be happy to provide more information. Please do not confirm your consent until you are happy that you understand its content.
If you give ScotNursing & Medical Services Limited consent to use your personal data in the ways explained above, you can ask ScotNursing & Medical Services Limited to stop using your personal data in this way at any time by speaking to Director/Deputy Director of Nursing or by emailing us at firstname.lastname@example.org, writing to us at Suite 4-1 Merchant’s House 30 George Square Glasgow G2 1EG or phoning us on 0141 255 1222.
- Our rights if you fail to provide an Adequate Sample
22.1 If you fail to follow the Instructions correctly, or for any other reason you do not provide an Adequate Sample we will not be held liable for our failure to provide you with a conclusive Result.
- Your rights if we fail to deliver a Result and/or Certificate prior to your Departure or Deadline
23.1 If your Order was received less than five days prior to your Departure, we will not have any liability or obligations to you.
23.2 We will refund you a sum equal to the total price of your Order but no more, if you make an Order at least five days prior to your departure and you returned to us or as directed by us, your Testing Kit four days prior to your Departure, we will not be held liable for any other costs that you incur due to a missed Departure or Deadline.
23.3 We will use our best endeavours to meet any Response Times, but the Response Times are guidelines only and we will not be held liable for any loss or damage that you suffer due to us delivering a Result or Certificate to you after a Response Time.
23.4 The rights set out in this clause are in addition to and not in substitution for your rights set out in clauses 7.2,10,14 and 20.
- Our Liability
Subject to the provisions set out in the relevant conditions, our total liability to you in respect of all losses arising under or in connection with your Order, whether in contract, negligence or otherwise, shall in no circumstance exceed the total cost of your Order.
- Other important terms
25.1 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.
25.2 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.
25.3 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.
25.4 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 Products, we can still require you to make the payment at a later date.
25.5 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by Scottish law and you can bring legal proceedings in respect of the Products in the Scottish courts.
25.6 Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Scotland and the courts of Scotland shall have exclusive jurisdiction to settle any such dispute or claim.