1. Who we are
Any reference to “us, our, we, or laboratory” relates One Scientific Limited (One Scientific), a company registered in England (registered number 3891523). Any reference to “you, your, customer, or client” relates to the person ordering a Covid-19 Home Test Kit.
2.1. Purpose: To determine the presence of Covid-19 virus including various strains/variants in a correctly, properly returned and intact swab sample, using the sample collection kit provided. The test will be performed using the One Scientific Coronavirus Array, which has been evaluated and accepted by Public Health England.
2.2 “You” are the customer and have either accessed our website and you intend to place or have placed an order for our Service.
2.4 By purchasing our Service you are giving One Scientific your informed consent to perform the tests you have ordered. Service may be facilitated by third party subcontractors, servants or agents, professionally trained who will abide by your strict protocols, health and safety and privacy requirements.
2.5 Services are offered subject to availability at the time of booking. One Scientific reserves the right to cancel, reschedule appointments or deliveries, but One Scientific will endeavour to accommodate the client, where possible.
2.6 Please note that the service that One Scientific provides does not include collection from your address. If you are purchasing a Home Test Kit, it is your obligation to arrange for the Home Test Kit to be returned to the laboratory to fit your time scale. Such time scale or time frame is your prerogative, and not the obligation of One Scientific.
2.7 Time is not of the essence in this contract and One Scientific do not accept any responsibility or liability for any losses arising if the test result is not provided to you within your required timescale, which may have been stipulated by us or by third parties. One Scientific will use its reasonable endeavours to perform its obligations detailed below as soon as practically possible.
2.8 One Scientific may suggest some recommended courier services from time to time, to assist you with returning your Sample to the laboratory, but please note that this is by way of a gesture of goodwill. These couriers are not acting as employees, servants or agents of One Scientific, and as such, do not have any actual or ostensible authority on behalf of One Scientific, nor will vicarious liability for their actions attach to One Scientific. One Scientific will not be held responsible for their service with regard to the delivery of Samples to the laboratory on your behalf.
2.9 Failure to comply with any of your obligations in this agreement is an anticipatory breach, inter alia. It will render performance of One Scientific obligations under contract impossible and you are therefore committing a repudiatory breach. In such circumstances, One Scientific is entitled to accept your repudiation and choose to be no longer bound by the contract and relinquish all and any liability that One Scientific may have had to you for the service.
3. Obligation of you the customer
3.1 Provision of Sample by you for Testing by the laboratory:
The sample must be taken by you in line with our operating procedures as detailed in the instructions provided to you, and available on our website. This includes both throat and nasal swab. If, for any reason, you are not able to provide a sample as per the procedure we cannot guarantee that the sample provided will be suitable for analysis and a valid result forthcoming and One Scientific accepts no responsibility for losses arising in such circumstances.
3.2 Sample Registration Guidelines:
It is crucial that you activate your swab as detailed in the emailed instructions provided to you. This registration process is essential, as without it, the laboratory will not be able to provide you with results. You will not be able to receive your results if you have not registered your swab. By submitting a sample to our laboratory, you are consenting to the testing of that sample.
3.3 Packing Guidelines:
The sample must be returned to the laboratory in line with the instructions provided to you, and available on our website.
3.4 Return Guidelines:
3.4.1 One Scientific may suggest a number of reputable couriers to assist the customer in fulfilling their obligation of getting the test to the laboratory within the required time frame, this is done as a gesture of goodwill to you, but ultimately it is the obligation of the customer to ensure the test gets to the laboratory in good time.
3.4.2 Please arrange delivery via courier of your completed kit to the address printed on the UN3373 Return packaging.
3.4.3 Please ensure your chosen courier is able to handle biological samples according to UN3373 requirements. We recommend you select a tracked service.
3.4.4 One Scientific may provide a return label as a Goodwill gesture. In this case you may prefer to use provided label.
3.5 It is your obligation to ensure that the sample is returned to the laboratory with sufficient time to be able to test the sample and provide you with result. One Scientific will aim to provide results by 11.59pm the day after the sample is received at our laboratory for the Fit to Fly, Test to Release and General Covid-19 testing. The Day 2 & Day 8 testing laboratory will provide results within 24 hours of receiving the samples at the laboratory. These time frames are subject to change, and is approximate only, noting the above provision that time is not of the essence.
3.6 This agreement dictates the terms regarding the agreement. One Scientific are not bound to adhere to any time frames that you require or may be set by a third party.
3.7 Should Covid-19 restrictions be in place in your area when you are seeking to return a sample to the laboratory, if you are not legally able to travel, you must ensure that the sample is delivered by an alternative means. This is not the responsibility of One Scientific and no liability will attach in this regard.
3.8 One Scientific is not a travel agent and does not provide travel advice. It is your obligation to establish the requirements for travel for your journey. Different countries have different requirements. One Scientific are not liable for any losses arising because you have not met your travel requirements.
4. Obligations of One Scientific
One Scientific and any third party laboratory will make every reasonable endeavour to analyse your sample and to provide you with a results report. However, on rare occasions, anomalies can occur during laboratory analysis, for example, issues with sample collection or processing errors. One Scientific will endeavour to identify and correct any such issue. Additional samples may be required, if remaining sample is insufficient for repeat analysis. And as a consequence, results/reports may be delayed. One Scientific will not be held accountable or liable for delays with testing that is outside of their control.
Following receipt of your sample, we will make every reasonable endeavour to provide your test results within a reasonable timeframe following our laboratory receiving your sample. Delivery dates for test results are approximate only and One Scientific will not be held liable for any delay in delivery, particularly in light of global shortages in raw materials and the unprecedented level of demand for our services in the current challenging circumstance, as well as subject to further terms in this agreement. You acknowledge that you will receive your results to the email address provided by you when activating your test. It is your responsibility to ensure that One Scientific has the correct information pertaining to your email address.
One Scientific will only offer a refund where they are required to by law or by the DHSC (Department of Health and Social Care).
Return freight should be at customers’ expense.
One Scientific does not condone or encourage any breach of Covid-19 restrictions. You must consider the current legislated position in your area at the time of booking. It is your responsibility to ensure that your Obligations under contract as listed above are not in breach of local laws or restrictions. One Scientific will not be held liable should any restrictions apply to you and you are unable to meet your obligations, this applies in circumstances where these restrictions change after the date of booking the Service, rendering you unable to perform your obligations.
If due to Covid-19 restrictions, you are not able to travel to return your sample to the laboratory via the pre-paid postage included with testing packages, then it is your obligation to arrange an alternative means for the sample to be returned to the laboratory to meet your timeframe.
Any individual under the age of 18 should be accompanied and supervised by an adult to assist with using the Home Test Kit.
Nothing in these terms or conditions excludes or limits the liability of One Scientific as follows: – 1) for death or personal injury caused by our negligence, or 2) under section 2 of the Consumer Protection Act 1987, or 3) for fraud or fraudulent misrepresentation, or 4) by the conditions implied under section 12 of the Sale of Goods Act 1979 or 5) by the conditions implied under section 2 of the Supply of Goods and Services Act 1982. One Scientific shall not be liable to you for any loss of profit, loss of business, loss of opportunity, loss of goodwill, or any claims for indirect compensation whatsoever, which may arise out of, or in connection with, the use of the goods or services provided. Where you are being provided with these goods and services as a consumer, our total liability in contract, tort, misrepresentation or otherwise; arising in connection with the performance of these conditions, shall be limited to losses which are a foreseeable consequence of the failure to comply with these terms and conditions only. Different limitations may apply where you have ordered testing kits for resale to third parties, or are otherwise operating as a business, and these terms are without prejudice to any separate terms that apply in that context, which would have been communicated to you at the point of sale.
Any time frames alluded to above are approximate only and subject to change. Time is not of the essence in this contract and One Scientific do not accept any responsibility or liability for losses arising as a result of any delay, if the test result is not provided to you within your required timescale as may be set by you or any third party. Without prejudice to the generality of the foregoing, this limitation is to include claims for losses where you have been unable to travel or work.
One Scientific will not be held liable for any losses arising as a result of your failure to adhere to your obligations or follow instructions as set out in this contract.
One Scientific is not liable for any injury caused as a result of not following the correct instructions as supplied with each Home Test Kit.
7. Your Sample
By agreeing to these Terms & Conditions, you are providing One Scientific with consent to test a sample or arrange the testing of a sample that you have provided for the detection of SARS-CoV-2. This may be completed using a multitude of scientific methodologies, for further improvements of Covid-19 specific testing systems and for the detection of mutations and Variants of concerns (VOCs). The laboratory aims and expects to securely and safely destroy all samples returned one week after test results have been generated and reported to you. It is not possible to return your sample to you.
8. Force Majeure
One Scientific shall not be held liable for any failure to perform its obligations under this contract, if it is prevented or delayed in performing those obligations by an event of force majeure, without prejudice to the generality of the foregoing, such events may include the following:
9.1 Adverse events (such as, but not limited to, fires, explosions, earthquakes, drought, tidal waves and floods);
9.2 war, hostilities (whether war be declared or not), invasion, act of foreign enemies, mobilisation, requisition, or embargo;
9.3 rebellion, revolution, insurrection, or military or usurped power, or civil war;
9.4 contamination by radio-activity from any nuclear fuel, or from any nuclear waste from the combustion of nuclear fuel, radio-active toxic explosive, or other hazardous properties of any explosive nuclear assembly or nuclear component of such assembly;
9.5 riot, commotion, strikes, go slows, lock outs or disorder, unless solely restricted to employees of the Supplier or of his Subcontractors; or
9.6 acts or threats of terrorism.
9.7 Supply or delivery restrictions arising as a result of governmental Pandemic response.
9.8 Any supply/delivery limitations arising out of an Act of Government, or with respect to any border travel, customs delay or trade restrictions arising as a result of Brexit.
The unenforceability or invalidity of any clause in this Agreement whether in whole or in part, shall not have an impact on the enforceability or validity of any other clause. Any unenforceable or invalid clause shall be regarded as removed from this Agreement to the extent of its unenforceability and invalidity at the finding of a competent Court.
Aside from any legal obligations to the contrary, or disclosure of results by you to third parties, the nature of this transaction and agreement is strictly private and confidential. Any disclosure by you to non-permitted third parties, on any platform, regarding the dealings of the parties to this agreement, or the agreement terms itself, will be considered a breach of this clause. In such an event, One Scientific reserves the right to enforce the terms of this agreement to the full extent of the Law against you, should it be deemed necessary by One Scientific. Such proceedings may include claims for defamation, injunctive relief and pursuit of damages and reasonable legal costs associated, in the event of a legal basis for a claim arising.
11. Governing Laws
The governing laws of this agreement are the Jurisdiction where the Contract was deemed to be performed.
Any reference to “us, our, we, or us” relates One Scientific Limited (One Scientific), a company registered in England (registered number 3891523).
One Scientific is registered with the Information Commissioner’s Office (ICO) under registration number ZB062170.
As a user of One Scientific’s services, we will collect what is known as personal data about you. Personal data is information from which you, as an individual, can be identified. This policy outlines how the relevant One Scientific company you interact with will use, store and protect any personal data that you provide or that we otherwise hold about you when using One Scientific’s Covid-19 testing services.
As you have obtained your Covid-19 test privately, then the relevant controller of personal data (i.e. the organisation that decides the purposes for which and the way in which your personal data is dealt with) will be One Scientific.
Unless indicated otherwise, this policy sets out how One Scientific will use, store and protect any personal data we collect or generate about you for both private tests and public tests.
12.1 What Personal Data Do We Collect or Hold Abut You:
We will collect personal data as part of our online testing kit ordering and swab activation process. Swab activation is essential for all testing and reporting of results to proceed, and it is essential that you complete these details, and confirm your acceptance of this policy, personally.
The information we collect during ordering and activation includes:
The unique barcode number on your test kit (it is very important that this is recorded correctly to ensure that your sample is correctly matched to your online registration);
Your date of birth;
Your email address (it is very important that this is recorded correctly so that your results are sent to the right email address);
Your country / nationality;
Your telephone number;
The date your sample was collected;
Your full home address (including postcode);
Your national insurance number (optional); and
Your NHS / employee number (if applicable).
We will not collect any information which we, or relevant third parties, do not need.
Once your swab sample has been returned to the laboratory, and it has been tested for Covid-19, laboratory systems will automatically generate a report which shows the findings (the Report). This Report will include some of the personal details that you have provided to us about yourself. We will also hold this information in a centralised database.
Please note that there are limitations inherent in the sample collection and testing process, which are explained in our Terms and Conditions, and in the test instructions that were provided to you when you received your test kit.
It is important that the personal data the laboratory holds about you is accurate and current, and the laboratory cannot be held responsible for incorrect data that is provided by you. Please keep us informed if your personal data changes during your relationship with us.
If you fail to properly provide all requested data or provide incorrect data the laboratory may be unable to provide the testing services or notify you of your results. There is also a risk that third parties could be inadvertently provided with your data if, for example, you have not correctly entered your email address, or your email servers are compromised.
12.2 How Do We Use That Information?:
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data on one or more of the following grounds:
Where we need to perform the contract for testing services that we have entered into with you (in the case of One Scientific in respect of private tests).
Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
Where we need to comply with a legal obligations.
We rely on consent as a basis for processing your personal data for processing the private Covid-19 test from One Scientific. You may withdraw your consent to processing at any time by contacting us using the details below. Any payments made for testing services are non-refundable, as explained in our terms and conditions.
Where we are using your personal data that identifies your health data, we are doing that either on the basis of your explicit consent, your vital interests, for public interest, medical diagnostic reasons or preventative or occupational health reasons.
Generally, One Scientific will use the data you provide to test or arrange testing of your swab samples for Covid-19 and notify the results to you as the registered user of the kit via the Report. A copy of the Report will be sent by email to the email address you provided to the laboratory when activating your swab.
After your sample has been posted to the laboratory, please make sure to regularly check your emails (including any junk or spam folder) for any email attaching the Report. Please note that we are not responsible for the security of any domains in respect of email addresses you have provided. If you believe you have received a Report in error, please contact us at [email protected] immediately.
Additional information, including home address, is necessary for notifying the relevant public health or other Government authorities of the results of your test, if the laboratory is requested to do so.
As a controller or processor of personal data, One Scientific and its affiliated companies must process your information fairly and lawfully. We will also process your data in accordance with the instructions of the Department of Health and the terms of this contract.
We also collect, use and share Aggregated Data for any purpose. Aggregated Data could be derived from your data but is not considered personal data as this it will not directly or indirectly reveal your identity.
We will not use any personal data that we collect for marketing purposes unless you have separately signed up to receive marketing communications from us.
12.3 Who Do We Share It With?:
One Scientific will not generally share personal data about you with other organisations or people, unless permitted or required by law, you have provided consent, or a third party is required to provide our testing services to you (in such circumstances, the third party will be bound by similar data protection requirements). Nor do we transfer your personal data outside of the UK.
That said, please note that your data (including your test results) may be available to other companies within the One Scientific group of companies, to Microsoft (who host our registration platform, as noted above) and to relevant health or other governmental authorities for the purposes of, among other things, contact tracing and infection control.
Where possible, we require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and we only permit them to process your personal data for specified purposes and in accordance with our instructions.
12.4 How Long Do We Keep Personal Data?:
We must keep all personal data safe and hold it for no longer than is necessary in line with our legal obligations.
We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
One Scientific will hold your data for a minimum of six years for liability purposes. We review the personal data we hold on a regular basis.
12.5 Your Rights:
We have set out an explanation of your rights regarding the data we hold below.
Access & Portability: You have the right to ask us for copies of your personal data to be sent to you and for personal data to be sent to a third party. There are some exemptions, which means you may not always receive all the information we process. For information to be shared to someone on your behalf, usually consent must be provided by you.
Rectification: You have the right to ask us to rectify information you think is inaccurate. You also have the right to ask us to complete information you think is incomplete. If at any point your personal data changes, it is up to you to update us.
Erasure: You have the right to ask us to erase your personal data in certain circumstances, which means your personal data being removed from our databases.
Restriction of Processing: You have the right to ask us to restrict the processing of your personal data in certain circumstances, for example, whilst a complaint about its accuracy is being resolved.
Object to Processing: You have the right to object to processing if we are able to process your information because the process forms part of our public tasks, or is in our legitimate interests although One Scientific can override this objection where we have legal grounds to do so.
You should be aware that taking some of the above steps will impact on the ability of One Scientific to complete the service you have agreed. Failure to register key personal details and (if relevant) provide consent will prohibit the laboratory from testing your sample and no results will be provided to you. As noted above, no refunds will be made where you have paid One Scientific for private testing in such circumstances.
12.6 Contacting One Scientific About Your Covid-19 Personal Data:
We have appointed a data protection officer (DPO) who is responsible for overseeing questions in relation to this policy. Please contact [email protected] in the first instance, if you wish to:
Withdraw your consent to processing;
See your personal data or to exercise any of the rights mentioned above; or
Make a complaint about how we have handled your personal data.
12.7 Contacting the ICO:
If you are not satisfied with our response to any query you raise with us, or you believe we are processing your personal data in a way which is inconsistent with the law, you can complain to the ICO office helpline: 0303 123 1113. We would appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.