Terms & Conditions

Last updated: Sunday, 21 January 2024

WHO WE ARE?
We are J.J.A.C.E. LTD TA Check at Home a company registered in Northern Ireland under company number NI611719 (“Check At Home,” “we,” “us”). Our registered office is located at 11 Prehen Park, Derry, BT47 2NY. Our business and correspondence address is The Vale Centre, Clooney Road, Greysteel, Derry, Northern Ireland. BT47 3GE.

CONTACTING US

If you have any questions, you can contact our customer services team by sending an email to he***@ch*********.com. For more information on how to contact us, please visit www.checkathome.com/contact.

ABOUT THESE TERMS AND CONDITIONS 

These Terms and Conditions apply to the provision of Check at Home products and services. Depending on the nature of the products and / or services you are ordering from us, the following terms and conditions will apply to you:

TESTING SERVICES TERMS OF SALE

These terms and conditions apply when you order our testing services. In addition to the above, the following terms and policies may also apply to you, depending on your interaction with us:

OUR PLATFORM TERMS OF USE AND COOKIE NOTICE

These apply if you use our website and/or mobile app.

OUR PRIVACY NOTICE

This applies when we collect and process your personal data in connection with our interactions with you and the provision of our products and services.

Please carefully read all the Terms and Policies mentioned above, as they form the basis of our contract with you and are legally binding. We recommend that you save or print a copy for future reference. If you have any doubts about the contents of our Terms and Policies, please contact us.

By law, we are obligated to provide you with certain information before a legally binding contract is formed between you and us. We will provide much of this information through our website, mobile app, and other communications. This information is considered part of our contract with you. Some of this information is also included in these Terms and Conditions, including the specific Terms of Sale that apply to your order.

WE MAY MAKE CHANGES TO OUR TERMS AND POLICIES

We periodically update our Terms and Policies, so please review them each time you place an order to ensure that you are aware of any changes made since your last order. You can find the date of the most recent update at the top of this page.

TESTING SERVICES TERMS OF SALE

Please carefully read these Terms of Sale before placing any orders with us, as they form the basis of our contract with you and are legally binding. Section 10 explains your legal rights and how we limit our liability to you.You acknowledge and agree that our Testing Services are not a substitute for emergency medical services. In case of emergencies, you should consult your doctor or hospital provider.

1 ABOUT OUR TESTING SERVICES 

1.1 Check at Home’s Testing Services allow customers to order testing services covering various health and lifestyle-related issues (“Testing Services”) through our website and mobile app (“Platform”). 

2 ORDERING TESTING SERVICES 

2.1 You can order Testing Services with us if: (a) You are at least 18 years old. (b) You are a legal resident of the UK (Northern Ireland, England, Scotland, or Wales only). (c) You hold a valid debit or credit card in your own name. (d) You are purchasing Testing Services for your personal, non-business use. 

2.2 To order Testing Services, you must register an account with us on our Platform. Once registered or logged in, you can select your test package from the available options. 

2.3 Testing Services can be ordered as a single, one-off purchase.

2.4 All Samples must be sent to us for analysis following the process and timeframes specified in section 6. 

2.5 By placing an order, you are requesting to purchase the Testing Services based on the terms and conditions stated in your order and these Terms of Sale. We will send you an initial order acknowledgment by email, but the contract for your order will only come into existence when we formally accept it. 

2.6 We will accept your order and form a contract when we notify you that we have dispatched your Test Kit. We will send this notification by email. If you have an account with us, we will also confirm it on the order page in your account. An order number will be assigned to your order upon acceptance, and we request that you mention this number whenever you contact us regarding your order. 

2.7 If we cannot accept your order, we will notify you via email. This information will also be displayed on the order page in your account if you have one. In such cases, we will not charge you for the Testing Services. Reasons for not accepting an order may include the Test Kit being out of stock, unexpected resource limitations, errors in the price or description of the Testing Services, your ineligibility to place an order, or the inability to meet a specified deadline. 

PROMOTIONAL OFFERS AND DISCOUNT CODES

3.1 The use of promotional offers and discount codes may be limited to specific customers or services. We retain the right to cancel, modify, or restrict these offers at our discretion and without prior notice.

3.2 Promotional offers and discount codes are non-transferable, non-saleable, and cannot be exchanged. Offers found through unauthorised online postings are invalid and may be rejected. We reserve the right to decline or cancel orders placed with unauthorised promotional offers and discount codes.

PRICES AND PAYMENT

4.1 The prices for our Testing Services, including any applicable delivery charges, are clearly displayed on our Platform. You will receive confirmation of these prices before placing your order. All prices are stated in pounds sterling and include the applicable VAT rate.

4.2 Your Test Kit will not be shipped until full payment for your order is received. In the event of pre-authorised payment acceptance, we will process the payment before shipping the Test Kit to you.

4.3 All payments must be made using a valid debit or credit card, authorised by the relevant card issuer. We may utilise additional security measures, such as a 3D secure service like Verified by Visa.

4.4 For customers with a Check at Home account, you authorise us to charge the payment card registered to your account for each order without requiring you to re-enter your payment details. You can update your payment card information in your account settings. By updating your payment card, you authorise us to use the new card for all future payments without requiring you to re-enter your payment details.

4.5 Prices for our Testing Services may change periodically, but any changes will not affect accepted orders. However, for subscription orders, the price of each recurring order will be based on the current prices of the Products displayed on our Platform. At least 48 hours before processing your recurring order, we will send you an email notification, including the prices applicable to the recurring order.

4.6 While we strive for accuracy, occasional pricing errors may occur. If we discover a pricing error that affects your order, we will notify you promptly and provide the option to proceed with the order at the correct price or cancel the order. We will not process the incorrectly priced portion of your order until we receive your instructions. In cases where we cannot reach you, we will consider the relevant part of your order as cancelled and notify you using the contact details we have on file. If the pricing error is obvious or could reasonably have been recognised as a mis-pricing, we are not obligated to fulfil your order at the incorrect price, even if we have previously acknowledged or accepted your order.

DELIVERY OF TEST KITS

5.1 When the Testing Services you ordered require a Sample to be collected, we will arrange delivery of your Test Kit through our designated delivery partner. Currently, we only deliver Test Kits to addresses in the UK, specifically England, Scotland, Wales and Northern Ireland. We do not deliver to addresses outside the UK, P.O. Boxes, or BFPO addresses.

5.2 While we strive to deliver your Test Kit as soon as possible, we cannot guarantee specific delivery dates. Any delivery date provided during the order process is an estimate, and you acknowledge that the actual delivery date depends on various factors. If we are unable to meet the estimated delivery date, we will inform you and provide a new estimated delivery date.

5.3 Delivery of your Test Kit is deemed complete when we deliver it to the address specified in your order. We reserve the right to request a valid form of identification upon delivery, such as a passport or driving license.

5.4 In the event that no one is available to accept the delivery, the carrier will leave a notice indicating the location of the delivery or that it has been returned to the depot. In such cases, you will need to contact the depot to arrange for redelivery.

5.5 This section does not apply if you have already obtained a Test Kit from a retail store, trade show, or other source and have opted out of receiving a Test Kit during the order process.

SENDING YOUR SAMPLE TO US

6.1 It is essential to strictly follow all instructions and collection protocols provided in the Test Kit. Failure to do so may result in incomplete or inaccurate test results.

6.2 Once your Sample has been collected using the Test Kit, you must label it, complete the enclosed form, pack everything securely, and send it to us using the provided pre-paid packaging. We will acknowledge receipt of your Sample via email.

6.3 Once sent to us, you cannot make changes to Sample labels or enclosed forms. You acknowledge and agree that we cannot process incorrectly labelled Samples or incomplete or inaccurately filled forms. If we cannot carry out the Testing Services due to issues with the Sample label or form, we reserve the right to cancel the contract as outlined in section 9.1(c), and no refund will be issued.

6.4 Each Test Kit has an expiry date, typically around 60 days but subject to variation. It is your responsibility to be aware of the applicable expiry date for your Test Kit. To allow sufficient time for processing your Sample and performing the requested Testing Services, you must send your Sample to us at least seven (7) days before your Test Kit’s expiry date.

6.5 You acknowledge and agree that: (a) We will not conduct the Testing Services using any Sample received after the relevant Test Kit’s expiry date. (b) If we receive your Sample less than seven days before the expiry date, we have no obligation to carry out the Testing Services before the expiry date. However, we will make reasonable efforts to do so, subject to laboratory capacity and personnel availability.

6.6 In the event of late delivery or non-delivery of your Sample, preventing us from conducting the Testing Services, we reserve the right to cancel the contract as outlined in section 9.1(d), and no refund will be issued.

TESTING AND YOUR REPORT 

7.1 The analysis of your Sample and review of your test results is carried out by our qualified medical professionals. If you order additional Testing Services in the future, we cannot guarantee that the medical professional who provides the Testing Services will always be the same. 

7.2 You acknowledge that test outcomes depend to a significant degree on the quality of the Sample provided by you. If you do not comply fully with all instructions and collection protocols provided in the Test Kit, it is possible that an incomplete or inaccurate test result may occur. If we are unable to carry out the Testing Services because of a problem with the Sample arising from your failure to observe the applicable instructions and collection protocols, we reserve the right to cancel the contract in accordance with section 9.1(e) and no refund will be due to you. However, we may, at our discretion, give you the opportunity of retesting free of charge in the case of a partial result or if any blood contained in your Sample was clotted at the time of receipt. 

7.3 Once we have completed the testing and analysis of your Sample, we will produce your personalised report explaining the outcome of the tests (“Report”). Your Report will be available in your account area on our Platform within two (2) to ten (10) working days after we have acknowledged receipt of your Sample. We will notify you by email once your Report is available for you to view. 

7.4 The Report is prepared solely on the basis of your Sample and the information provided on your accompanying form, without access to your full medical records. You must provide complete and accurate information on your Sample label and form. You acknowledge and agree that any incomplete, inaccurate, or misleading information provided by you in connection with the Testing Services may result in the production of an incomplete or inaccurate Report.

7.5 The Testing Services are limited to the provision of the Report and we do not offer follow-up advice or consultations based on the results of the Report. You are solely responsible for reading, drawing conclusions from and acting appropriately on the Report. 

7.6 You acknowledge and agree that the Testing Services are not a substitute for emergency medical services, for which you should consult your doctor or hospital provider. If you have any pre-existing illness or condition, you should seek the guidance of your usual doctor or treatment provider before utilising our services. It is your sole responsibility to act on any results that we escalate to you as requiring further consultation with your usual doctor or hospital provider. 

YOUR RIGHT TO CANCEL 

8.1 You have the right to cancel the contract for your order without any reason within a fourteen (14) day cooling off period that ends fourteen (14) days after the day on which the contract was formed (“Cooling Off Period”). For example, if the contract was formed on the 1st day of the month, the Cooling Off Period ends at the end of the 15th day of the month. However, you will lose the right to cancel if you requested for us to start providing the services during the Cooling Off Period and the services are fully performed during this period (this is further explained in section 8.4). 

8.2 To exercise your right to cancel during the Cooling Off Period, you must inform us using the contact details in the “Contact Us” section at the beginning of these Terms and Conditions. emailing us is usually the easiest and quickest method, but you are also free to send us a letter by post if you prefer. You may also use the Cancellation Form set out at the end of these Terms and Conditions but that is not obligatory. 

8.3 To meet the cancellation deadline, it is sufficient for you to send your cancellation notice before the expiry of the Cooling Off Period (even if it does not reach us until later). 

8.4 We will not start performing the services during the Cooling Off Period unless you ask us to. Therefore, during the order process you will be given the option to request for us to start performing the services during the Cooling Off Period. We need to do this because we aim to send you your Test Kit very quickly after you place your order and this is very likely to be within the Cooling Off Period. By requesting that we start performing the services during the Cooling Off Period, you acknowledge that you will lose your right to cancel the contract once the services have been fully completed (i.e. when we have provided you with your Report). If you do not make the request, we will not be able to start performing the services until the Cooling Off Period has expired. We are not obliged to accept your request. 

8.5 If you cancel during the Cooling Off Period, we will reimburse to you all payments we have received from you for the Testing Services, unless you requested for us to start providing the services during the Cooling Off Period, in which case your refund will be reduced as follows: (a) if we have provided you with your Report, there will be no refund because we will have fully performed the services during the Cooling Off Period; (b) if we have sent you your Test Kit but we have not received your Sample, we will deduct £10.00 from your refund to compensate us for the cost of sending you the Test Kit (we cannot accept returned Test Kits for health and safety reasons and because the test kit is personalised to your requirements). 

8.6 For the avoidance of doubt, if you have arranged to have your Sample collected by a participating clinic, we do not reimburse you for any charges you have paid to the clinic. These services are provided by the clinic and any charges levied by the clinic are retained by the clinic and not Check at Home. 

8.7 We will make any reimbursement due to you without undue delay, and not later than fourteen (14) days after the day on which we are informed about your decision to cancel. 

8.8 We will make the reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of the reimbursement. 

8.9 Cancellation will not affect your or our respective rights and remedies that have arisen prior to cancellation. If you or we cancel for any reason, it will not affect our right to receive any money that you owe to us. 

8.10 The right to cancel during the Cooling Off Period is in addition to and does not affect your legal rights in relation to services that are not performed with reasonable care and skill (see section 10.1).

OUR RIGHT TO CANCEL 

9.1 We may cancel the contract for your order at any time by notifying you if: (a) your payment does not go through at the point we try to charge you; (b) you do not, within a reasonable time, allow us to deliver the Test Kit to you; (c) we are unable to carry out the Testing Services because of an incorrectly labelled Sample and/or incomplete or incorrectly filled form accompanying the Sample; (d) you do not send us your Sample at least seven (7) days prior to the expiry date of your Test Kit; (e) we are unable to carry out the Testing Services because of a problem with the Sample arising from your failure to observe the applicable instructions and collection protocols; (f) you are (or we reasonably suspect that you are) in breach of these Terms of Sale, in breach of any applicable law in relation to the contract for your order, or in breach of any other contract that may exist between you and us; or (g) we are unable (or reasonably believe that we are unable) to provide the Testing Services for reasons beyond our reasonable control or for legal or regulatory reasons.
9.2 In the event that we cancel your order as described in section 9.1(b), we will refund the amount you have paid for the Testing Services, minus £10.00 to cover the cost of sending you the Test Kit. Please note that we are unable to accept returned Test Kits due to health and safety regulations and the personalised nature of the kit. If we cancel your order under the circumstances specified in sections 9.1(c), 9.1(d), or 9.1(e), no refund will be issued. For all other cases, we will reimburse any advance payments you have made for products and services that were not provided. However, we reserve the right to deduct reasonable compensation for the net costs incurred as a result of any breach of contract on your part, if applicable. The reimbursement will be made using the same payment method you used for the initial transaction. Refunds will be processed within 14 days after the contract cancellation.

LIABILITY 

10.1 As a consumer, you have certain legal rights, also known as “statutory rights,” which are derived from laws such as the Consumer Rights Act 2015. One of these rights is the expectation that we will perform our services with reasonable care and skill. If we fail to meet this expectation, you have the right to request a service repetition, problem resolution, or a partial refund if the issue cannot be resolved. These legal rights are not affected by the terms and conditions stated here. Our liability cannot be excluded or limited in cases of death, personal injury caused by negligence, fraud, or any other matter for which it is illegal to limit or exclude liability. You can obtain advice regarding your legal rights from your local Citizens’ Advice Bureau (www.citizensadvice.org.uk/) or Trading Standards office (www.gov.uk/find-local-trading-standards-office).

10.2 If the services we provide are defective, negligent, or do not comply with the contract in any way, please contact us using the contact details provided in the “Contact Us” section at the beginning of these Terms and Conditions. We will make every effort to assist in resolving the issue.

10.3 Except as described in section 10.1, our liability is excluded as follows: (a) Unexpected loss: We are not responsible for any loss that was not reasonably foreseeable at the time of placing your order, and if nothing you communicated to us before placing the order indicated that such a loss should have been expected. (b) Avoidable loss: We are not responsible for any loss that you could have avoided by taking reasonable action. (c) Loss caused by third parties: We are not responsible for any loss caused by a third party who is not acting on our behalf or under our direct instructions. For instance, if you arrange for your Sample to be collected at a participating clinic or obtain any third-party products or services, the responsibility lies solely with the clinic or relevant third party for the goods, services, and any resulting outcomes or consequences. (d) Loss caused by your own actions: We are not responsible for any loss, damage, personal injury, or death resulting from your own actions, except to the extent caused by our negligence. For instance, if you choose to collect your own Sample, you assume full responsibility for your health and safety and any outcomes or consequences resulting from failure to follow the provided instructions. Additionally, we are not responsible for incomplete, inaccurate, or misleading information you provide (including on the enclosed form with the Test Kit), or for failing to return the Sample and/or a correctly completed form within the specified timeframes outlined in these Terms of Sale. (e) Loss caused by circumstances beyond our control: We are not responsible for any loss caused by events or circumstances beyond our reasonable control. (f) Unavailability of our Platform: We are not responsible for any loss resulting from the unavailability of our Platform or any of our other systems. (g) Business loss: Our services are exclusively provided to consumers, and we are not responsible for any business-related losses you may incur, including but not limited to loss of profits or revenue, loss of anticipated savings, or loss of goodwill.

10.4 Regarding defective digital content supplied by us that damages your device or other digital content, and if such damage results from our failure to exercise reasonable care and skill, we will either repair the damage or provide compensation up to a maximum of £250. We reserve the right to inspect and verify any claimed damages, including assessing whether the damage was caused by us. You must cooperate with us and provide necessary assistance for this purpose.
10.5 Subject to sections 10.1, 10.3, and 10.4, our total liability to you under or in connection with the contract for the Testing Services, regardless of the cause of action (whether in contract, tort, negligence, or otherwise), is limited to the charges you have paid for the Testing Services.

YOUR PRIVACY AND PERSONAL DATA 

11.1 We value your privacy and personal information. The handling of any personal information you provide to us will be in accordance with our Privacy Notice. The Privacy Notice explains the collection, storage, use, and sharing of your personal information, your rights related to your personal information, and how to contact us and supervisory authorities in case of queries or complaints regarding its use.

GENERAL

12.1 All contracts between you and us are personal and non-transferable. You may not assign, sublicense, or transfer any of your rights or obligations under any contract with us. However, we reserve the right to transfer, assign, charge, subcontract, or dispose of part or all of our rights and obligations under any contract with you at any time. 

12.2 Only parties to the contract between you and us have the right to enforce its terms. 

12.3 If any provision of our Terms and Policies is found to be invalid, it will not affect the validity of the remaining provisions, which will remain in full force and effect. 12.4 Our failure to enforce strict performance of any of your obligations under any contract or our failure to exercise any rights or remedies does not constitute a waiver of those rights or remedies, nor does it exempt you from fulfilling your obligations. A waiver by us of any default does not constitute a waiver of any subsequent default. No waiver by us is effective unless expressly stated in writing and communicated to you. 

DISPUTE RESOLUTION

13.1 If you have any concerns about our services or any other matter, please contact us as soon as possible using the contact details provided in the “Contact Us” section at the beginning of these Terms and Conditions. We will strive to resolve any disputes with you promptly and efficiently, following our Complaints Handling Policy, accessible on our website and mobile app. 

13.2 If we are unable to resolve any issues in accordance with our Complaints Handling Policy or if you are unsatisfied with the outcome, you may request alternative dispute resolution (ADR). ADR is a process for resolving disputes between you and us without going to court. 

13.3 If our Complaints Handling Policy is exhausted, we will provide you with the name and website address of a competent ADR provider suitable for addressing your issue. Although we will consider participating in ADR, participation is not obligatory by law. 13.4 If you do not wish to pursue ADR or are unhappy with the outcome, you still have the option to initiate court proceedings. 

13.5 Northern Irish law governs our Terms and Policies and all contracts between you and us.