Terms and Conditions
1. General Information
We are TestCard Ltd (company number 10764577), a company registered in England, with our registered office address at Unit 6 Betton Business Park, Racecourse Road, East Ayton, Scarborough, YO13 9HD (TestCard). These terms and conditions (Terms and Conditions) apply when you use the TestCard App, purchase a testcard, create an account or otherwise access our services, including our Website.
Please read these Terms and Conditions carefully before using the TestCard App, ordering a testcard, creating an account or otherwise accessing our services. In accessing any of our services (including using the TestCard App and Website) or placing an order for a testcard, you are accepting our Terms and Conditions. If you do not agree to our Terms and Conditions, you must not access our services or place an order for a testcard. We may revise our Terms and Conditions at any time. Please check them from time to time to take notice of any changes we may make, as they are binding on you.
TestCard products and services are only available in the regions stated on our Website or in the TestCard App.
1.1 Definition of Terms
- TestCard means the company TestCard Ltd registered in England under the company number 10764577;
- “testcard”(lower case) means the testing kits which are supplied by us;
- TestCard App: means the software application made available to you by us and which enables you to obtain a test result;
- you, your and yours are references to you the person accessing our products and services;
- we, us, and our are references to TestCard Ltd registered in England under the company number 10764577; and
- Website is a reference to www.testcard.com.
1.2 Using these Terms and Conditions
To help you navigate our Terms and Conditions, we have provided the following directions:
- If you access the TestCard App, please read sections 3 to 5;
- If you purchase a testcard, please read sections 6 to 8;
- Sections 9 to 15 set out our general terms that are relevant to you.
2. Structure of Our Policy
General Information 1
- Definition of Terms 1
- Using these Terms and Conditions 2
Structure of Our Policy 2
The TestCard App 3
Our testcards – What You Can Expect 3
How to Obtain Your Results 4
How to Purchase a testcard 4
Prices and Payment 5
Delivery of Your testcard 5
Your Information 6
Cancellation and Returns 6
- Right to Cancel: 6
- Effects of Cancellation: 7
- Returns for Faulty or Damaged testcards: 7
Our Website and our TestCard App 8
Intellectual Property Rights 9
Limitation of Liability 9
General Terms 10
3. The TestCard App
By using the TestCard App, TestCard is providing a service to you. To use the service provided through the TestCard App, you need to have a working compatible device with sufficient available memory to allow you to download the TestCard App. We publish a list of compatible devices on our Website which may be updated from time to time. TestCard cannot provide you with our services if you do not have a working compatible device.
Our services can only be provided through the TestCard App if you have a good working internet connection and sufficient charge in your phone to allow you to complete the test from start to finish. Before you start a test using our testcard, you should check that the device that you have used to download the TestCard App has sufficient internet connectivity and sufficient charge. TestCard cannot accept liability for any test failure due to insufficient internet connectivity, including internet failure, or device failure.
Subject to your compliance with these Terms and Conditions, we grant to you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) download, access and use the TestCard App on your personal device solely in connection with your use of the testcards; and (ii) access and use any content, information and related materials that may be made available through the application, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by TestCard and our licensors.
From time to time we may automatically update the TestCard App and change the services to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the TestCard App for these reasons. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the TestCard App and our services.If you download the TestCard App onto any device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these terms, whether or not you own the device.
4. Our testcards – What You Can Expect
- We offer a range of different testcards. We recommend that you spend some time considering the type of testcard you require before you place your order.
- If you are taking prescribed medication for a medical condition then a testcard may not be suitable as this may affect the test result. If in doubt or if you are concerned that you have a medical condition, we advise you to seek advice from a medical professional before you use a testcard.
- Each testcard has a Use By date. The testcard must be used before the Use By date has expired to ensure a more reliable test result.
- All testcards come with easy to follow instructions. Please ensure that you follow these to improve the accuracy of the test result.
- TestCard cannot guarantee the accuracy of any test result provided to you. Other factors outside of our control may influence the reliability of the test result. Except where it would be unlawful for us to do so, we do not accept any liability for any actions taken by you, or for any failure by you to act, as a result of any service that we provide to you.
5. How to Obtain Your Results
- In order to obtain your results you will need to download the TestCard App to your iOS or Android mobile device. This is free to download.
- In the TestCard App, you can choose to login to your TestCard account or create a TestCard account if you do not already have one. Alternatively, you can select “Start Test” and then select “Continue Without Joining” to take the test and obtain your results without logging into, or creating, a TestCard account.
- Follow the on screen instructions in the TestCard App to take the test and obtain your results.
- Once the pull-out test strip has been dipped into your urine sample you simply hold the strip up to the TestCard App on your mobile device. The TestCard App scans the test strip and will provide a reading which will appear on the screen of your mobile device.
- The test results do not constitute medical advice. If you are concerned that you may have a medical condition then you should consult a medical professional as soon as possible. Undergoing a urine test is not a substitute for seeking medical advice from a medical professional.
- We may provide links to partner organisations who may offer access to services from medical professionals. Any services accessed via partner organisations are provided by those partner organisations and not by TestCard. TestCard is not liable or responsible for any services provided by partner organisations or any other third parties.
6. How to Purchase a testcard
Please check that the testcard is suitable for you before ordering or purchasing a testcard. If you are taking prescribed medication for a medical condition then a testcard may not be suitable as this may affect the test result. If in doubt or if you are concerned that you have a medical condition, we advise you to seek advice from a medical professional before you order or purchase a testcard.
To use the testcard and obtain your result, you must have a working compatible device with sufficient available memory to allow you to download the TestCard App. Please check that your device will work before you order a testcard. We publish a list of compatible devices on our Website which may be updated from time to time. TestCard cannot provide you with our services if you do not have a working compatible device.
If you would like to purchase a testcard, you may so do so:
- by placing an order via the Website (for deliveries in the UK only);
- by placing an order via the TestCard App (for deliveries in the UK only);
- by contacting us directly to discuss your requirements;
- through various approved third party online retailers;
- through various in-store locations via our approved retail partners.
Any contract for the supply of testcards from the Website or the TestCard App is between you and us.
You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of ordering.
When ordering from the TestCard App or Website, you will be given the opportunity to create an account by providing a username and password. You must ensure that you keep these details secure and do not provide this information to a third party.
Any order that you place with us is subject to product availability and acceptance by us. When you place your order online we will send you an email to confirm that we have received it and to advise whether the product is available. If the testcard you ordered is not available we will also let you know by email. The contract for the sale of a testcard will be entered into at the time we notify you that your order has been accepted.
We reserve the right to alter the testcards available for sale and to discontinue any product line or service.
If you order a testcard from the TestCard App or Website, you will be notified by email once the testcard you ordered has been despatched.
7. Prices and Payment
If you order a testcard through the TestCard App or Website, all prices listed on the TestCard App and Website are correct at the time of publication, however, we reserve the right to alter these in the future. Prices are inclusive of value added tax (VAT) and delivery to the region of sale.
The total price for testcards ordered, including delivery charges, will be displayed on the TestCard App and Website when you place your order. Full payment must be made at the time of placing your order.
8. Delivery of Your testcard
- The following terms in this section (8) apply only if you order a testcard through the TestCard App or Website. If you order a testcard from a third party retailer, the retailer will be responsible for communicating the delivery terms to you. Please check the retailer’s terms and conditions.
- Delivery periods quoted at the time of ordering are approximate only and may vary. Your testcards will be delivered to the address specified by you at the time of ordering. Please note that we will not deliver testcards to locations outside the UK.
- All orders are delivered by a reputable courier. We will make every effort to deliver within the time stated, however, we will not be liable for any loss caused to you by late delivery. If we are unable to meet the agreed delivery date we will notify you of an alternative date as soon as possible.
- No refunds of the delivery charge are made for late deliveries.
- Incomplete orders must be notified to us as soon as possible following delivery and within 3 days of delivery. We will either arrange for the missing items to be delivered to you at no extra cost or refund you the original cost of the missing items.
- All risk in the testcard shall pass to you upon delivery.
9. Your Information
10. Cancellation and Returns
10.1 Right to Cancel:
- The following terms in this section (10.1) apply only if you order a testcard through the TestCard App or Website. If you order a testcard from a third party retailer, the retailer will be responsible for communicating your cancellation rights to you. Please check the retailer’s terms and conditions.
- Once a testcard is sent to you and has been opened it cannot be re-used by anyone else and, therefore, you cannot return it to us.
- You have the right to cancel the contract for the testcard within 14 days of the date that you received the testcard provided that it has not been opened. To exercise your right to cancel you must notify our support team as soon as possible through our Website, TestCard App or by emailing “email@example.com”. You must provide us with a clear statement of your decision to cancel this contract. You can also electronically fill in and submit the Support and Cancellation form on our Website. If you use this option, we will communicate to you an acknowledgement of receipt of such cancellation by email without delay.
- You do not have the right to cancel the contract if you have opened the testcard. Our testcards carry a unique QR code. If you seek to exercise your right to cancel the contract, we may check our systems to determine if you have used the testcard and connected that testcard to the TestCard App. If our checks conclude that you have opened the testcard, you are not entitled to cancel the contract and we will not refund you.
- If you have cancelled the contract and still receive you order, you may return the unused testcard by placing it in an envelope labelled “FREEPOST TESTCARD”, along with your order delivery slip, and posting it to us within 14 days of you telling us that you wish to cancel the contract. You will not be charged for postage on the return.
10.2 Effects of Cancellation:
- The following terms in this section 10.2 apply only if you order a testcard through the TestCard App or Website. If you order a testcard from a third party retailer, the retailer will be responsible for communicating your cancellation rights to you. Please check the retailer’s terms and conditions.
- If you cancel this contract in accordance with the “Right to Cancel” terms above, we will refund the price that you paid for the testcard including the delivery costs unless we determine that you have opened the testcard.
Once we have processed your request to cancel the contract and determined that you are entitled to a refund, we will refund the price that you paid for the testcard including the delivery costs:
- within 14 days from the day on which you request to exercise your right to cancel the contract if we have not dispatched the testcard to you; or
- within 14 days from the day on which we receive the testcard back from you if we have dispatched the testcard to you.
- We will refund the price you paid for the testcard including the delivery costs by the method you used for payment.
10.3 Returns for Faulty or Damaged testcards:
The following terms in this section 10.3 apply only if you order a testcard through the TestCard App or Website. If you order a testcard from a third party retailer, the retailer will be responsible for communicating the returns process to you. Please check the retailer’s terms and conditions.
In the unlikely event that a testcard arrives with you in a damaged condition or it has been tampered with, please contact our support team or email us at “firstname.lastname@example.org” quoting your purchase and order details with all reference or support numbers. If you notify us of the fault as soon as possible, our support team will provide you with details on how to return the testcard to us and you will be offered the option of a full refund or a replacement. We will refund the price that you paid for the testcard including the delivery costs, or post you a replacement, within 14 days from the day on which we receive the testcard back from you.
We take complaints very seriously and aim to respond to your complaints within 5 business days. Please Contact Us should you have any complaints. Email us at email@example.com or via our Amazon store if you have purchased from there.
12. Our Website and our TestCard App
- The Website and the TestCard App may contain links to other independent websites which are not provided by TestCard but which we believe may be of interest to you. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content, their privacy policies (if any) or any goods or services provided by them. You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
- The information, content and material available on the Website or the TestCard App may vary from time to time without notice to you. This is in order to ensure that they are as up to date as possible.
- We aim to have the Website and the TestCard App available at all times, however, you will appreciate that we cannot guarantee this or that it will be error free and we cannot accept liability for any issues that this may cause except where this has been caused by our negligence. We aim to keep the Website and the TestCard App as up to date as possible. All product descriptions displayed on the Website and the TestCard App are correct at the time the information is published, however, the information appearing at the time you access the Website or the TestCard App may not always reflect the current position at that time.
When using the Website, the TestCard App, testcards and/or the services of TestCard, you agree that you shall not:
- remove any copyright, trademark or other proprietary notices from any portion of the Website or the TestCard App;
- reverse engineer, decompile, disassemble or create derivative works based on the whole or any part of the Website or the TestCard App except as may be permitted by applicable law;
- link to, mirror or frame any portion of the Website or the TestCard App;
- cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Website or the TestCard App or unduly burdening or hindering the operation and/or functionality of any aspect of the Website or the TestCard App;
- interfere with or disrupt the integrity or performance of the Website or the TestCard App or the data contained therein, or our servers or networks;
- attempt to gain unauthorised access to the Website or the TestCard App or its related systems or networks;
- rent, lease, sub-licence, loan, provide, or otherwise make available the Website or the TestCard App and/or services of TestCard to any person;
- copy the Website or the TestCardApp, except as part of the normal use of the Website or the TestApp or where it is necessary for the purpose of back-up or operational security;
- translate, merge, adapt, vary, alter or modify the whole or any part of the Website or the TestCard App nor permit the Website or the TestCard App or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the Website or the TestCard App and our services as permitted in these Terms and Conditions; or
- create an account or access TestCard services or functionality through unauthorised means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
You agree to comply with our acceptable use restrictions as follows. You must:
- not interfere with the working of the Website or the TestCard App nor use the Website or the TestCard App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms and Conditions, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Website or the TestCard App or any operating system or any other internet connected device or service;
- not infringe our intellectual property rights or those of any third party in relation to your use of the Website or the TestCard App (to the extent that such use is not licensed by these Terms and Conditions);
- not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Website or the TestCard App;
- not use the Website or the TestCard App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
- not use the Website or the TestCard App to gain unauthorised access to any other computer system or website; and
- not collect or harvest any information or data from our systems or attempt to decipher any transmissions to or from the servers running our service.
The Website and the TestCard App are intended for your personal use only (which must be reasonable and not offensive, abusive or in breach of any law or order). It is not for commercial use and you are not permitted to access, use or copy any material or information on the Website or the TestCard App for any commercial or unlawful purpose.
13. Intellectual Property Rights
“TESTCARD”, “TestCard”, “testcard” and TestCard’s logos are trade marks of TestCard and you are not allowed to use those trade marks without our express permission. All intellectual property rights in the testcards, the TestCard App, our Website and any aspect of the services that we provide belong to us (or our licensors) unless otherwise indicated. You have no intellectual property rights in, or to, the testcards, the TestCard App, our Website or any aspect of the services that we provide other than the right to use them in accordance with these Terms and Conditions.
14. Limitation of Liability
- The TestCard App, our Website and our services are provided for general information purposes only. They do not offer advice on which you should rely. You must obtain professional healthcare advice before taking, or refraining from, any action on the basis of information obtained from the TestCard App or our Website. Although we make reasonable efforts to update the information provided by the TestCard App and our Website, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
- We make no representations, warranties or guarantees, whether express or implied, that the TestCard App or the servers that make our Website available are free of viruses or bugs or that the TestCard App or Website is fit for purpose.
- If we are found liable for any loss or damage to you such liability is limited to the amount you have paid for the relevant testcard. We exclude liability for losses that were not foreseeable to both parties when the contract was formed and losses that were not caused by any breach on our part. This limitation of liability does not apply to personal injury or death arising as a direct result of our negligence.
- We do not accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to you, your mobile device or your computer system via our Website or the TestCard App except where this has been caused by our negligence.
- We shall not be held liable for any failure or delay in delivering the testcards or the TestCard App where such failure arises as a result of any act or omission which is outside our reasonable control such as an act of God or those of third parties.
- The products and services provided by us are provided for private domestic and private use only. Accordingly, we do not accept liability for any business losses, including loss of data, loss of income or profit, loss of business opportunity, loss of damage to property, or loss from claims of third parties arising out of the use of the Website, the TestCard App or for any products or services purchased from us.
- We have taken all reasonable steps to prevent internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers or those of third parties except where this has been caused by our negligence.
15. General Terms
- We may subcontract any part or parts of the services that we provide to you from time to time and we may assign or novate any part or parts of our rights under these Terms and Conditions by giving you written notice.
- We may alter or vary the Terms and Conditions at any time. Any variation will not affect existing orders placed with us. Variations or updates to our Terms and Conditions will be published on our Website. Any error or omission in any information, or document issued by us shall be subject to correction provided that the correction does not materially affect the contract.
- Each of the paragraphs of these Terms and Conditions 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.
- 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 and Conditions, 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.
- These Terms and Conditions do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
- These Terms and Conditions are governed by English law and you can bring legal proceedings in respect of the goods and services that we provide in the English courts. If you are a resident of the UK or the EU, you can bring legal proceedings in respect of the goods and services in either the courts of the territory in which you resident or the English courts.
Last updated March 2021.