SCHEDULE 5 – TESTING (PATHOLOGY) SERVICES
1. PARTNER LABORATORY
1.1 All testing (pathology) Services ordered through the App will be provided in conjunction with an Affiliate laboratory with which the Company has entered into arrangements for those Services.
1.2 From time to time the Company may have arrangements in place with Affiliate laboratories that provide testing Services in relation to orders placed through the App. The Affiliate laboratory is a separate entity from the Company and to the extent permitted by law the Company disclaims any liability for any acts or omissions of the partner laboratory.
1.3 By ordering any testing Services, you agree to comply with any instructions provided in relation to the testing Services including (without limitation) in relation to the booking and administration of tests, receipt and provision of test materials and samples (including delivery by post or attendance in person at test facilities) and payment.
2. ORDERING TESTING SERVICES
2.1 Subject to Clause 2.2 below, in relation to the supply of testing Services, from time to time and subject to a range of factors including (without limitation) the nature of the relevant test, your location and the availability of Affiliates, the App may enable you to: (i) request the despatch, by post, of a test to be administered (self-collected) by you and returned to the laboratory by post, with the results then analysed, sent to the Company and delivered to you through the App; or (ii) arrange an appointment to attend a testing centre for the test to be undertaken, the results to be sent to the Company and delivered to you through the App; or (iii) contact a testing centre, to enable you to arrange to undertake a test independently and have the results sent to the Company to be delivered through the App; or (iv) request, at your address, the attendance of a Nurse who will visit you to administer the test (a ‘Nurse Call-Out’), (this Service is only available within the M25 London, encircled area at present) after which the results will be analysed and delivered to you through the App. Depending upon the type of test and other factors, one or more of these options may not be available and, for the avoidance of doubt, the Company does not guarantee to provide a testing Service.
2.2 You understand and acknowledge that prior to test results being made available to you within the App, you may be requested to undertake and pay for an additional consultation with a Practitioner.
2.3 The prices will be displayed within the App and you agree to those at the time of ordering. Certain pathology Services – for example, if you elect to contact a testing centre to undertake a test independently - may incur charges in addition to those listed in the App and you acknowledge and agree that such additional fees as required may be payable.
2.4 If, within the App, you choose to order your test for delivery to you and administration (self-collection) by you, it will be despatched by our Affiliate laboratory. The terms of delivery shall be as follows:
(a) we will use reasonable endeavours to procure the processing and despatch of your test within 3 business days where the test is in stock;
(b) the delivery time following despatch should typically not exceed 3 business days but please note that in relation to delivery to remote locations that delivery time could be longer;
(c) prices and delivery fees are displayed within the App at the time of the order;
(d) delivery will be either by express delivery or refrigerated express delivery, depending on the test;
(e) tests are personal to the person for whom they are intended and therefore may not be returned and no refunds will be given for tests ordered once the order is placed;
(f) orders may be subject to a minimum price as displayed in the App;
(g) our Affiliate laboratory and/or the Company may at its discretion refuse to fulfil an order where it considers the order not to be in the best interests of the person for whom it is intended or who has ordered it or may be illegal or contrary to any regulation or guideline;
(h) third party despatch companies will be used to deliver any orders and neither the Company nor the laboratory are liable for any error or delay of the despatch company; and
(i) if no one is available to take delivery of the order when delivery is first attempted, there may be a delay in delivery, and/or the recipient may have to follow the procedures of the relevant despatch company in order to collect the order, including picking it up from a depot.
2.5 Processing time for a returned test will vary depending on the test but the Company will use reasonable endeavours to procure that the laboratory analyses the test and returns results within 14 business days. Results will be delivered to you through the App and you explicitly consent to that by ordering through the App.
2.6 Tests to be administered at a drop in testing centre will be subject to the terms and conditions of that centre and the opening hours of that centre.
2.7 If a Nurse Call Out (as defined in clause 2.1) is ordered, the Company will use reasonable efforts to procure that a Nurse is available to attend at an agreed time within 10 business days and paragraphs 2.3(e), (f), (g), (h), and (i), shall also (without limitation) apply.
2.8 If, per clause 2.1, you elect to arrange an appointment to attend a testing centre for the test to be undertaken, or to contact a testing centre to enable you to arrange to undertake a test independently, then the Company shall use reasonable efforts to assist you but the Company cannot guarantee the availability of the Services from its Affiliates and shall not be liable for any acts or omissions of the Affiliate(s).
2.9 The Company will use reasonable efforts to process any orders for testing Services within 2 business days and the time limits set out above start running from the end of that processing period.
2.10 It may not be appropriate for some tests to be self administered, in which case they may not be available for delivery and must be conducted by a registered medical practitioner or Nurse.