1. THESE TERMS
1.1. These are the terms and conditions on which we provide services to you (Services). Our Services are described in section 4 below. Services may be provided at clinics or other sites which we own or
which are controlled by our third party partners (together, Sites) by our health care staff (Staff).
1.2. Please read these terms carefully before you use or make a booking for our Services. In particular, please review carefully our terms relating to cancellations, reschedules and refunds in clause 11 and how we limit our liability to you in clause 15. 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.
2.INFORMATION ABOUT US AND HOW TO CONTACT US
2.1. Goodbody Clinic is a trading name of Goodbody Wellness Ltd, a subsidiary of Goodbody Health Inc. Our company is registered in England and our registration number is 12049669 and our registered office is at The Blue Building, Stubbs Lane, Beckington, Somerset, BA11 6TE. We are registered with the Information Commissioners Office (ICO) (registration number: ZA485209).
2.2. You can contact us by calling 01225 444 144 or by clicking here and sending us a message online.
2.3. 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 have provided to us.
2.4. When we use the words “write”, “writing” or “written” in these terms, this includes emails.
2.OUR CONTRACT WITH YOU
3.1. You can make a booking for our Services via our website (health.goodbodyclinic.com) either in advance of visiting one of our Sites or at the Site itself.
3.2. Our acceptance of your booking will take place when we email you to accept it (where you have made a 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 are unable to accept your booking, we will inform you of this and will not charge you for the Services you have booked. This might be because of unexpected limits on our resources which
we could not reasonably plan for or because of unavailability of any of our Sites or staff or other resource.
3.4. Our website is solely for the promotion of our services in the UK. You must be in the UK in order to use our Services.
4.1. Through our Staff we may provide any of the following Services to you:
4.1.1. Physical in-person support for customer self-tests occurring from a Site;
4.1.2 Blood sample collection for testing;
4.1.3. Any other services advertised on our website provided from a Site;
4.1.4. Document the results of any testing or other support or services we provide.
4.2. The full list of Services that we provide is 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 Services suitable for you is entirely at your discretion.
4.4. If our Staff determine, in our or their sole discretion, that the Services are not suitable for you or your medical need/condition, we or they will inform you of this.
4.5. We may offer some Services in conjunction with third parties in order to complete your Service request. This can include pathology collection and testing services or referrals. Clause 15.4. will apply to all Services not directly delivered by us.
5.APPOINTMENTS FOR TESTING SERVICES
5.1. Sample collection for testing will take place in a private area at one of our Sites in a face to face setting. Bookings for appointments may be made in advance or on-Site.
5.2. An appointment will last approximately 10-15 minutes. If you are not at the Site 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 13.2. 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. VENOUS DRAW APPOINTMENTS
5.5.1 Some venous draw appointments require a Blood Test Kit to be sent to you prior to your appointment, whilst others do not. This is highlighted prior to the booking completion.
5.5.2. When ordering tests requiring a kit to be sent to you, you will be sent you a Blood Test Kit which includes a Step-By-Step Guide including how to book a venous draw appointment at one of our Sites. It is your responsibility to bring the kit to your appointment.
5.5.3. For all other test you just attend your appointment at the agreed time and date made during the booking process. The phlebotomist will have all necessary equipment to perform the test.
5.5.4. Should our trained phlebotomist have difficulty in performing the draw for any reason e.g. because they are unable to find a vein, after 2 attempts they will ask another phlebotomist to try. If they are unable to successfully complete the draw after 2 further attempts, you will be asked to reschedule the appointment with no charge. If necessary, we will arrange a free replacement Blood Test Kit. Guidance will also be provided to increase the likelihood of a successful draw.
5.5.5. In the event the phlebotomists are unable to complete the draw e.g. because they are unable to locate a vein, and you do not wish to reschedule, no refund will be due under actions outlined in 11.2.
5.5.6. You are responsible for sending the blood sample in the envelope provided to the laboratory at the address provided in the Blood Test Kit as soon as possible, preferably on the same day it was collected. If a Blood Test Kit was not required for your booking, the phlebotomist will seal your sample in a pre-paid, postal package. We suggest using a Royal Mail, Priority Mailbox. You can find your nearest one before attending the appointment at – https://www.royalmail.com/services-nearyou#/
5.5.7. In the case of a partial result or no result, our partnered laboratory will offer a free retest. This does not include the cost of another Blood Testing Kit or phlebotomist appointment. These must be purchased again.
5.5.8. If we find evidence of a partial result or no result arises due to your own actions, you will not be entitled to a free retest.
5.6. LOCAL DEVICE FINGER PRICK APPOINTMENTS
5.6.1. Appointments must be attended on time. If you arrive too early, the test cartridges may not have reached optimum temperature and you may be asked to wait.
5.6.2. The Staff will explain the procedure and allow time for any questions prior to starting the procedure.
5.6.3. Results for this test will be provided within 15 minutes of completing the test.
5.7. PCR TESTS FOR COVID-19
5.7.1. The clinic area allows you to engage with Staff who can guide you through the guidance available in relation to a PCR test for COVID-19.
5.7.2. You will have the responsibility to use the swabs as shown in the guidance provided. In case you have any difficulties in doing so, our Staff will offer support.
5.7.3. We will not be liable to you for any injury or damage caused to you, any third party or any property by your failure to follow the instructions or your negligent or reckless use of the testing kits.
5.7.4. You must not attend the clinic if you have current symptoms of COVID-19 such as a persistent cough, temperature, loss of taste, or have tested positive within the last 10-days.
5.8. TEST CERTIFICATES FOR TRAVEL
5.8.1. 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.
5.8.2. If being used to travel, you must keep up to date with the latest travel regulations to your destination country, by visiting: https://www.gov.uk/foreign-travel-advice.
5.8.3. Whilst we may discuss travel regulations and timescales we do this on a goodwill basis and will not be held liable for any losses arising from your decisions relating to travel.
5.8.4. We will not be liable for any loss or damages you suffer if travel rules change at any time.
6.PROVIDING THE SERVICES
6.1. If you make a one-off booking or purchase for our Services, we will provide the Services to you at the time and date agreed with you during the booking process.
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.
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 Site. 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.
6.4. You are responsible for providing accurate information, including medical information and an 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 your email system not working.
6.5. You understand and agree that any tests, or test results or certificates, are for your own personal use only and that you cannot transfer them to any other person.
6.6. You agree that follow-up measures in relation to COVID-19 (such as self-isolation), symptom management, and possibility of being contagious will not be based on this test alone. These will be based on symptoms and possible exposures and that results of the tests do not support the nonapplication of the government guidelines for COVID-19.
7.YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the Services, you have ordered please contact us. 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, charges if applicable, 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 cancel the booking (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 when you make your booking. The price of the Services does not include the cost of any prescription medication. 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. We use Dashboard Stripe (www.dashboard.stripe.com) as a payment processor. Your payment details will only be transferred to and processed by Dashboard Stripe 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. to clause 10.1.3. 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. There is a risk that supply of the services may be significantly delayed because of events outside our control; or
10.1.3. You have a legal right to end the contract because of something we have done wrong.
11.REFUNDS, CANCELLATIONS AND RESCHEDULES
11.1 Refunds, cancellations and reschedules vary by product and Service. Specific details are as follows:
11.2. For on-Site tests including but not limited to those identified in clause 5, you can change your mind for up to 14-days after booking when you book 14-days or more before the appointment date. If you book within 14-days of the appointment date you will waive your right to cancellation although we may agree to a change of appointment time at our discretion. If you cancel before the Service is delivered within 14-days and up to 48-hours before the appointment, there is a £15 cancellation fee which will be deducted from any refund. If you cancel within 48-hours of your appointment you will not be refunded at all for the cost of the test. Should any rescheduled appointment be cancelled, no refund will be due regardless of the terms above. We cannot hold a cancelled appointment as a form of credit for future bookings.
11.3. You may cancel a home blood test within 14- days from date of purchase. If the kit has been dispatched this will need to be returned to our registered office (see 2.1) before the refund can be processed. If the package is returned opened, or damaged, no refund will be due.
11.4. If you cancel a postal PCR test kit with us, and the kit has not been activated with the lab within 14 days; then we will refund minus a £15 cancellation fee. If the kit has been activated, then no refunds are applicable.
11.5. If your home blood test and/or postal PCR test kit has incurred delays in transit outside of our control (including by the postal system and couriers), any form of refund of your costs is at our discretion and we cannot offer any refund where your test kit has already been activated by the lab.
11.6. You may cancel a postal Antigen test within 14-days from date of purchase. If the kit has not been dispatched a full refund will be due. If the kit has been dispatched this will need to be returned to our registered office (see 2.1) before the refund can be processed. In this event, a £15 cancellation fee will be applied. If the package is returned opened, or damaged, no refund will be due. Please include a cover note with your name so the kit can be identified as yours upon receipt.
11.7 You may cancel an Antigen test Click and Collect appointment within 14-days from date of purchase. If you have not collected the test, you will be fully refunded. If you have collected the test this will need to be returned to our registered office (see 2.1) before the refund can be processed. In this event, a £15 cancellation fee will be applied.
11.8 If the package is returned opened, or damaged, no refund will be due. Additional postage costs are non-refundable. Please include a cover note with your name so the kit can be identified as yours upon receipt.
12.HOW TO END THE BOOKING WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
12.1. To cancel a booking with us, please let us know by phone or email. Call us on 01225 444 144 or email us using our online form. Please provide your name, details of the booking and your phone number and email address.
12.2. 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.
12.3. 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 14-days of your telling us you have changed your mind.
13.OUR RIGHTS TO CANCEL THE APPOINTMENT
13.1. We may cancel the appointment at any time by writing to you if:
13.1.1. 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;
13.1.2. 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;
13.1.3. 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;
13.1.4. you behave towards us or our Staff in an inappropriate, abusive, violent, offensive, threatening, or discriminatory manner.
13.2. If we cancel the appointment in the situations set out in clause 13.1. we will refund any money you have paid in advance for Services 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 agreement.
14.IF THERE IS A PROBLEM WITH THE SERVICES
14.1. If you have any questions or complaints about the services, please contact us. You can telephone us on 01225 444 144 or write to us using our online form here.
14.2. We are under a legal duty to provide services that are in conformity with this contract.
15.OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
15.1. Subject at all times to clause 15.3, Goodbody will not be liable for any loss or damage suffered by you due to:
15.1.1. Misuse of any testing kit or failure to follow its instructions including, but not limited to, blood test kits and COVID-19 testing kits;
15.1.2. Any reaction due to a known health condition not shared with our Staff;
15.1.3. Not acting on guidance provided by our Staff to purchase a follow up test or make follow up appointments with your GP or any other healthcare provider, following results received of your blood or wellness test.
15.2. We are not responsible to you for unforeseeable loss and damage caused by us directly or indirectly by the providing of services.
15.3. 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; or for breach of your legal rights in relation to the Services.
15.3.1 We are not liable for personal or business losses. We only supply the services for domestic and private use. If you use the services for any third party, commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15.4. Subject at all times to clause 15.3:
15.5. 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.
15.6. Customer compensation for any issues, such as delays, with service delivery (including by the postal system and couriers) is limited to a refund of the original cost paid by you at the discretion of Goodbody (except where a test kit has been activated by the lab in which case we cannot offer any refund) and Goodbody is not responsible for any further consequential losses such as additional travel costs you may incur. Therefore, we advise you to put in adequate travel and/ or other insurance in place for any events arising out of delays to the Services.
16.HOW WE MAY USE YOUR PERSONAL INFORMATION
16.1. By agreeing to these terms and conditions you are agreeing to the sharing of personal information between us and any laboratories testing the samples in order:
16.1.1. To provide the Services to you;
16.1.2. To process your payment for the Services; and
16.1.3. To respond to your questions
16.2. 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.
16.3. We will only give your personal information to third parties if it is necessary to complete the Service you have requested from us, with your consent or where the law either requires or allows us to do so.
16.4. We will only retain your personal information for as long as is necessary to provide the Services to you.
17.OTHER IMPORTANT TERMS
17.1. 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.
17.2. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
17.3. 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.
17.4. 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.
17.5. 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.
17.6. These terms are governed by the laws of England and Wales, and you can bring legal proceedings in respect of the services in the English and Welsh courts.