- THESE TERMS
- Why you should read them. Please read these terms carefully before you submit your Order to us. These terms tell you who we are, how we will provide the Product to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
- Not medical advice. The information provided through this Site, the Services, Results and the Product are for general guidance only and are not a substitute for professional medical advice. Neither the Site, nor our Services, Results, or the Product constitute medical advice and you should always seek the advice of your physician or other registered healthcare professional with any questions you may have regarding any Results or status of your health.
- Defined terms. Defined terms have the meaning given to them in Clause 13 of these Terms or where defined in the body of these Terms.
- INFORMATION ABOUT US AND HOW TO CONTACT US
- Who we are. We are Volta Technologies Limited a company registered in England and Wales. Our company registration number is 12612284 and our registered office is at Aldgate Tower, 2 Leman Street, London E1 8QN. Our registered VAT number is 351056330. (“we”, “us” “Halo”)
- How we may contact you. If we have to contact you we will do so by telephone (including text) or by writing to you at the email address you provided to us in your order.
- “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
- OUR CONTRACT WITH YOU
- How we will accept your order. Our acceptance of your Order for the Product and Services will take place when we email you to accept it, at which point a contract will come into existence between you and us.
- In order for us to process your Order, you must register with the App which requires you, among other things, to: (i) provide us with personal information including the delivery address for your Product, (ii) purchase a Product that permits use of the type of Sample you are willing to provide, and (iii) confirm that we may make the Results available to you through your online Account.
- If we cannot accept your order. If we are unable to accept your Order, we will inform you of this in writing and where applicable will refund you for the Product. This might be because the Product is 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.
- Your order number. 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 and Test Number whenever you contact us about your Order.
- We only sell to the UK. Our Site is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from or deliver to addresses outside the UK.
- When you purchase the Products and Services and access the Site, you confirm (i) that you are 18 years of age or older; (ii) that you are resident in the UK where we will send test kits and accept Samples and you are accessing the Site from an IP address in the UK; (iii) that you are using the Site in your own name and not on behalf of anyone else; (iv) that you will not allow any other person to use the Site, Products, and Services under your name, nor will you, in using the Products, Services or the Site, pretend you are someone else, or seek to disguise your identity; (v) that you are only using the Site, the Products and the Services for your own benefit and not for the purposes of providing Services to others; and (vi) all information that you provide is complete, accurate and not misleading in any way. If you provide any information that is untrue, inaccurate, non-current, misleading or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, non-current, misleading or incomplete, then we have the right to terminate or refuse any and all current or future access, sale, or use of the Services and/or Products (or any portion thereof), and you may be further liable for providing such information.
- The test is valid for 6 (six) months (“Validity Period”) from the date we post the Product to you. If you do not send a Sample to the Testing Facility within the Validity Period your Product will expire and you will not be entitled to a refund.
- OUR PRODUCT AND SERVICES
- We are an online service where you can purchase a laboratory test which is processed in our Testing Facility.
- Product may vary slightly from their pictures. The images of the Product on our Site are for illustrative purposes only. Your Product and the Product packaging may vary from that shown in images on our Site.
- In order to use the Services, you must set up an Account and register the Product to your Account. Failure to do so means you will not be able to access Results.
- You agree that you are entirely responsible for your selection of our Service and you agree that it is your decision as to whether the test you purchase from us is suitable for you. If in any doubt please speak to a doctor or a qualified medical professional.
- SUBMITTING A SAMPLE
- When submitting a Sample, you must fill and return the collection device in accordance with the instructions provided with the Product. If you do not provide an adequate Sample, use the Product in a manner that is not consistent with any instructions, or do not return the Sample within the instructed timeframe, we may not be able to provide you with the Results. Further, failure to return the Sample within the timeframe set forth in the Product instructions may result in inaccurate and unreliable readings of the Sample.
- Samples must be sent to the Testing Facility no later than 24 hours from the Sample being taken. It is your responsibility to arrange for collection of the sample by Halo’s approved courier partner which can done by you contacting the customer collection hotline. You accept that the courier fees payable for the collection of the Sample are payable by you and shall be incurred per Order and that collections will only take place between Monday-Friday.
- You acknowledge and agree that the:
- the Results do not constitute a definitive diagnosis. As with all screening tests, in a small number of cases there can be incidences of false-positive and false-negative results. For example, a person with a negative non-reactive or not detected test result could actually have a condition despite the Results, or a person with a positive reactive or detected test could be free from a condition even though Results indicated they do have such condition. All positive, reactive or detected results must be verified by a physician or other registered healthcare professional through a confirmatory (diagnostic) test;
- A link to App online portal containing your Results will be emailed to the email address you have supplied. Their Results will also be contained in the email itself. You will be able to return to the portal anytime by using the same link and entering your identifier. You can share your results with anyone you choose.
- If necessary, we may contact you by email regarding your Sample and Results.
- CHANGES TO THE PRODUCT AND SERVICE
- Minor changes to the Product and/or Service. We may change the Product and/or Service:
- to reflect changes in relevant laws and regulatory requirements; and
- to implement minor technical adjustments and improvements, for example to address a security threat
- Minor changes to the Product and/or Service. We may change the Product and/or Service:
In each case we will provide a statement on our Site and App confirming any such changes.
- If we have to make more significant changes to these Terms, we will contact you to give you reasonable advance notice of the changes and what Orders will be affected. We will let you know how to cancel the contract and receive a refund for any Product paid for but not received.
- Unless otherwise noted, the prices(s) listed for the Product reflect a single combined payment for the Product and Service. The price includes delivery of the Product to the address provided by you via Royal Mail tracked 24 delivery service and provision of the Service in accordance with these Terms but excludes the cost of collection and delivery of your Sample to the Testing Facility.
- You agree to pay the price of the Product in advance by clicking on the payment button on the Site and following the required procedure.
- By providing a credit card or other payment method accepted by us, you represent and warrant that you are authorised to use the designated payment method and that you authorise us (or our third-party payment processor) to charge your payment method for the total amount of your Order. If the payment method you provide cannot be verified, is invalid, or is otherwise not acceptable, your Order may be suspended or cancelled until you are able to resolve the payment issue.
- Generally, if you place your order prior to 12pm Monday – Friday, the Product should be dispatched within two Business Days of Order Confirmation to the delivery address you provide during the Order submission process. Orders placed after 12pm on Friday or over the weekend will be dispatched on Monday (provided it is not a public holiday). We are entirely dependent on our postal services provider and cannot guarantee when the Product will arrive following dispatch. You accept that delays are likely during holiday periods such as Easter and Christmas due to the high postage volumes during that time. We are unable to change the delivery address after the Order Confirmation.
- Delivery dates advised by us in an Order Confirmation (consisting of a delivery date for the Product and a date for the provision of the Results) or on our Site OR in any communication to you are approximate and we will not be liable for any loss or damage due to our failure to meet scheduled delivery dates or for failure to give notice of delay. Time for delivery shall not be of the essence. A Product may be shipped by us to the agreed delivery address in advance of any scheduled delivery date.
- Risk of loss in a Product passes to you upon delivery of the Product to the agreed delivery address.
- If you receive a damaged/faulty Product, or if certain items are absent from the Product, then please contact us within 48 hours of receipt of the Product with the following information: the Order Number and Test Number and a detailed description (including photos where appropriate) of the missing or faulty/damaged item(s). Upon receipt of such notice we will arrange for a replacement Product to be sent to you as soon as possible. Alternatively, provided evidence of the defect/fault/damage has been sent to us, you have the option to cancel and request a refund in accordance with Clause 9.3.
- We are not responsible for delays outside our control. If our supply of the Products or the Results is delayed by an event outside our control 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. Provided we do this we will not be liable for delays caused by the event.
- If you are not at home when the product is delivered. If no one is available at your address to take delivery and the Product 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.
- If you do not re-arrange delivery. If after a failed delivery to you, you do not re-arrange delivery or collect them 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 9.6 will apply.
- The Product and Sample will be your responsibility from the time we deliver the Product to the address you gave us until the Sample reaches the Testing Facility.
- We may have to suspend the supply of a Product to:
- deal with technical problems or make minor technical changes;
- update the Product to reflect changes in relevant laws and regulatory requirements.
- We will contact you in advance to tell you we will be suspending supply of the Product, unless the problem is urgent or an emergency in which case we will notify you as soon as reasonably practicable.
- CANCELLATION AND REFUND POLICY
- If you purchase a Product via the Site, you have the right to cancel the contract for the purchase of the Product within fourteen (14) days of delivery of the Product to you.
- To exercise the right to cancel under Clause 9.1, you must inform us of your decision to cancel in writing. You must then promptly return the Product to us within fourteen (14) days from notifying us of your decision to cancel, at your own cost. You can contact us for additional information regarding our cancellation and refund policies.
- If the Product is found to be defective following your notification pursuant to Clause 8.5 you may have the legal right to end the contract and be entitled to a full refund. In such case we will we will pay the costs of postage or collection of the Product and will reimburse to you payment received from you for the Product.
- If you exercise your cancellation right under Clause 9.1, we will reimburse to you all payments received from you for the Product (minus a processing/administration fee of £5), within fourteen (14) days from the date on which we receive the returned Product from you. We will reimburse you using the same means of payment as you used for the initial payment, unless you have expressly agreed otherwise.
- The right to cancel an Order does not apply to a Product:
- that has been used; or
- for which you have already sent your Sample to the Testing Facility for analysis; or
- for which the 14-day cancellation period has expired; or
- that has been opened (including but not limited to where the seal on the Product has been broken) or damaged.
- where you are disinclined to continue with the original reason for purchasing.
- We may end the contract for a Product at any time by writing to you if:
- 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, for example, shipping information.;
- you do not, within a reasonable time, allow us to deliver the Products to you.
- If we end the contract in the situations set out in Clause 8.5 we will refund any money you have paid in advance for a Product 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.
- We are responsible to you for foreseeable loss and damage caused by us. 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.
- 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 (including any breach of the terms implied by Clause 9 to 11 of the Consumer Rights Act 2015 (description, satisfactory quality, fitness for purpose); and defective products under the Consumer Protection Act 1987.
- We are not liable for business losses. We only supply the Product to you for domestic and private use. If you use the Product for any 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. Our total liability to you resulting from a Contract is limited to the total value of that Contract – meaning the price you paid for the Product.
- In particular we are not liable for any costs, loss, delay, inconvenience or damage you suffer as a result of:
- 4.1 the sample you send being lost, delayed or damaged in transit from you to us;
- the Testing Facility being unable to test your sample for any reason;
- test results not being made available to you within the turnaround time stated for any Product;
- your failure to follow instructions provided to you in relation to Sample collection;
- your failure to act upon our advice if we recommend that you seek medical advice or attention having taken a test;
- your failure to send a Sample to the Testing Facility for testing within the Validity Period outlined above;
- events outside our control as described below.
- delays suffered through third party providers, whether contracted by us or otherwise.
- OTHER IMPORTANT TERMS
- We may transfer our rights and obligations under a contract to another organisation, but this will not affect your rights or our obligations under these Terms.
- This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
- Each of the paragraphs of the Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
- If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
“App” Halo application
“Account” means the Halo account held by us in your name and which holds the information submitted by you to us via the Halo App;
“Cancellation Right” means your statutory right to cancel an Order placed via the Site, as described in Clause 9.1;
“Order” means an offer by a user to purchase the Service and one or more Product from us via the Site;
“Product” means the test kit which enables you to take and store a Sample for testing;
“Results” the results from the Testing Facility for your processed Sample, communicated to you by us via the App, email, the Site and our staff, as applicable.
“Sample” means a sample of your biological material such as saliva as provided in accordance with the Product instructions;
“Service” involves us providing you with a testing kit, analysing the Sample that you provide once you return it to our Testing Facility, and providing you with the Results;
“Site” website at www.haloverify.com
“Testing Facility” means the laboratory(ies) that we may select as our testing services provider at any time as notified to you via our Site;
“Test Number” barcode on the test tube inside the package containing the Product
“You” or “your” means the user of the Site.