Terms
of service

 

TERMS OF SERVICE

(last updated on 7 November 2020)

THESE TERMS

What these terms cover: These are the terms and conditions on which we supply services to you. We currently only will supply customers based in the United Kingdom.

Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide our services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

1. INFORMATION ABOUT US AND HOW TO CONTACT US

1.1    Who we are: We are Yoxly Limited a company registered in England and Wales. Our company registration number is 12416774 and our registered office is at 20-22 Wenlock Road, London, England, N1 7GU (“Yoxly”, “we”, “us”).

1.2    How to contact us. You can contact us via email at support@yoxly.com.

1.3    How we may contact you. If we have to contact you, we will do so by calling, SMS or writing to you using the contact details you provided to us in your order.

2. OUR SERVICES

2.1    We do not provide medical advice or treatment: No information on this site, or included in the testing kits or any other products or services we provide, or in our communication with you (whether written or otherwise), should be construed in any way as medical advice of any kind. We may provide general guidance only (for example, recognised best practices, recommendations to speak to medical professionals etc.), but we do not provide any medical advice or treatment. Any reliance you place upon any information we provide is wholly at your own risk. Should you have questions about your health, or would like information about diseases and/or treatments, you should in every case seek medical advice from a licensed medical professional, such as your general practitioner, or a National Health Service (NHS) genitourinary medicine (GUM) clinic.

2.2    Laboratory Testing: You can place an order with us on this site for laboratory testing kits and services based on the biological material you provide (“Sample”). We will then provide details about your order to our carefully-selected and appointed third-party laboratory, Acculabs Diagnostics UK Ltd (“the Laboratory”). The Laboratory will fulfil your order on our behalf and send you the relevant testing kit by post.  Included with the testing kit will be instructions on how to conduct the test, and how and when you need to return your Sample to the Laboratory for testing. We reserve the right to change our Laboratory without giving notice.

2.3    It is important that you read the instructions carefully as a failure to do so may result in your tests giving an inaccurate result.

2.4    Results: Once the Laboratory has carried out the test(s) on your Sample, they will provide the diagnostic test results (“Results”) to us pursuant to your authorisation. We will then notify you of the Results.  Please note that we are required by law on occasion to notify public health authorities of your Results, as described more fully in our Privacy Policy.

2.5    Placing an order with us: We will need certain information from you so that the Laboratory can supply the testing kits and Results to you, for example your name, sex, date of birth, email address, phone number, billing address and shipping address. If you do not provide this information, or if you give us incomplete or incorrect information, you may be sent a testing kit that is not suited to you and we reserve the right to end our contract with you. For more details about what information you need to provide, why we need to have that information, and how we use the information, please see our Privacy Policy. Where you take out a subscription with us, it is your responsibility to ensure your personal information is up to date and accurate at all times (by contacting us at support@yoxly.com).

2.6    One-off purchases or Subscription: You have the option to order the testing kits as a one-off purchase or, where we indicate such service is available, you can choose to take up a subscription with us.  For one-off purchases, you will need to pay the full cost for the testing kits at the time of ordering. If you wish to take up a subscription with us, you will pay the relevant subscription rate (please see Section 11 below) which will entitle you to a certain number of testing kits per month/year (depending on which subscription package you choose and up to a maximum of one year). Please see Section 11 below for more information on subscription packages.

2.7    Kit user: By placing an order with us, or using our products or services, you agree that the information you provide is solely for you, and that you are not acting on behalf of another person. We do not currently provide any mechanism for you to place an order for someone else. If we discover that the testing kit we provide has been used by someone else, we reserve the right to end our contract with you.

2.8    When we will provide the testing kits: We will direct the Laboratory to post the relevant testing kit to you via Royal Mail within 3 business days of receiving your order.

2.9    Delivery: The costs of delivery will be as displayed to you at the time of ordering. If problems arise with your delivery address, we will notify you using your supplied email address.

2.10  Allergies: Please note our testing kits contain alcohol wipes and plasters. Some people have mild allergic reactions to some wipes and plasters, so if you are concerned you will have an allergic reaction, please do not use the testing kit, or consult your GP for advice.

2.11  Sample: The testing kit will contain a form and/or label(s) which you must complete at the time of taking the test, to ensure that the Sample is matched correctly with the relevant individual record once returned to the Laboratory.

2.11  Use instructions: You understand and acknowledge that you must comply with all the instructions provided with your testing kit including:

  1. the specified timeframe in which to return the Sample in order to achieve an accurate result; and

  2. how to store your Sample before returning it; and

  3. how to label and package up your Sample for return in the packaging provided.

2.12  Samples. You agree that the Sample you provide must be of an adequate quality to be processed and will be produced in accordance with our Sample collection instructions provided with the testing kit. For example, you must supply adequate amounts of blood or urine, in accordance with the Sample collection instructions, in order for us to process your Sample. You understand that if you agree when completing your order: (i) all information, data, documentation, reports results and other testing kits of the Services may be used by Yoxly for additional purposes including research as set out in our Privacy Policy.

2.13  Returning the Sample: Included in the testing kit will be pre-paid “biological samples” packaging, as approved by Royal Mail, for the safe return of your Sample. It is important you only use this packaging to return the Sample and read the instructions carefully about how to package up your Sample for its safe return to the Laboratory. We cannot be held responsible for any Samples that are damaged or lost in transit where the provided packaging is not used.

2.14  When and how we will provide the Results: The Laboratory will conduct the test within a reasonable time period, usually between 1 – 8 business days depending on the nature of the test and when it is received back from you. They will then provide us with the Results shortly after completion of the tests. We will send you your Results within 2 business days of receiving them via an encrypted and password protected email. A password will be sent to the mobile number you provide to us for this purpose in order to allow you access to your Results. You understand and acknowledge that you must provide us with an accurate email address and mobile number in order to receive your Results.

2.15  Guidance: In order to help you choose the right testing kit, we provide some basic information about the various conditions which our kits are designed to test for. Where relevant, we may also provide you with suggestions on where to seek treatment or further guidance along with your Results. Please note, however, that we do not offer or provide treatment. Similarly, we do not provide medical advice of any kind, and you should always seek medical or treatment advice from a licensed medical practitioner (such as your GP).

2.16  False Positives: While we use an accredited Laboratory, no test of any kind is 100% accurate, so you acknowledge that a small percentage of all Results could be a false positive or false negative. For further information, please see this page.

2.17  If your Results show a positive or negative indication of the relevant condition, we may recommend taking another test. If your Results show a negative indication of the relevant condition, and you still exhibit symptoms, we recommend you seek treatment and/or advice from a licensed medical practitioner.

2.18  Window Periods: Contracted diseases may not be immediately detectable, and symptoms may not manifest for some time (and some diseases are in any event asymptomatic). The period of time between contracting a disease and when it is detectable via a laboratory test is called a “Window Period”. During the Window Period there may be no signs or symptoms of the disease, and it may be undetectable. For example, the Window Period for the human immunodeficiency virus (HIV) is thought to be up to 90 days, and a person would usually need to wait that amount of time after exposure to HIV for a test to be able to detect the virus.

2.19  As Window Periods can vary from person to person, you may wish to (i) wait until after the Window Period has elapsed before taking a test so that you receive the most accurate Results, and (ii) should take another test if, after taking an initial test, you develop symptoms, suspect you may have a disease, or suspect you have been exposed to a disease. By using our products or services you acknowledge and understand the existence of Window Periods and the potential for tests not to give an accurate result in such period. For more information on Window Periods, please see our FAQs page.

2.20  Reasons we may delay the supply of testing kits to you: We may have to suspend the supply of a testing kit to: (i) deal with technical problems or make minor technical changes; or (ii) update the testing kit to reflect changes in relevant laws and regulatory requirements.

2.21  Your rights if we delay sending out the testing kit: If you have placed an order for a testing kit and we have to delay sending it out to you for one of the reasons set out above, we will contact you to inform you of the delay, unless the problem is urgent or an emergency. You may contact us to end the contract for a testing kit at any time before we send it out to you, if we tell you we are going to delay sending it to you, and we will refund any sums you have paid in advance for the testing kit.

2.22  We will not send out testing kits until we receive payment in full: If your payment fails to clear and you do not rectify this within 14 days of us informing you that your payment has failed and requesting payment again, we will not send the testing kit to you until you have paid us the amounts due.

2.23  Refunds and replacement testing kits: If the testing kit you receive is damaged or if you have any questions about the use of the testing kits, please contact us at support@yoxly.com to discuss your options. Depending on exactly what has happened, our team can help with issuing replacement testing kits and refunds, and will be happy to explain what your options are. For further information on refunds please see Section 6 below and this page.

2.24  Age restriction: Anyone under the age of 18 is prohibited from using our services.

3. OUR CONTRACT WITH YOU

3.1    How we will accept your order: Our acceptance of your order will take place when we email you with a confirmation of order acceptance, at which point a contract will come into existence between you and us.

3.2    If we cannot accept your order: If we are unable to accept your order, we will inform you of this and will not charge you for the service.

3.3    Your order number: We will assign an order number in respect of your order and will tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

4. YOUR RIGHTS TO MAKE CHANGES

4.1    The testing kits we use have a limited shelf-life and should be used within thirty (30) days of receipt.  Therefore, if you wish to make a change to the testing kit you have ordered please contact us at support@yoxly.com as soon as possible. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the testing kit, the timing of supply or anything else which would be necessary as a result of your requested change, and we will ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may end the contract with us. Please see Section 7 below for details of how to do this.

5. OUR RIGHTS TO MAKE CHANGES

5.1    Minor changes to the testing kits: We may change the testing kit to (i) reflect changes in relevant laws and regulatory requirements; and (ii) to implement minor technical adjustments and improvements, for example in relation to the accuracy of the testing kits.

5.2    More significant changes to the testing kits and these terms: If we do make more significant changes we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any testing kits paid for but not received by you.

6. YOUR RIGHT TO END THE CONTRACT

6.1    How you can end your contract with us:  When you end the contract, what rights you have will depend on what you have ordered, whether there is anything wrong with it, how we are performing and when you decide to end the contract.

6.2    You can cancel your order for a testing kit and receive a full refund if we have not yet dispatched your order. You may also return the testing kit once you have received it for a full refund, but PLEASE NOTE you will only be entitled to receive a refund where:

  1. you send the testing kit back to the Laboratory within 14 days of the date you received it;

  2. you call or email us in advance (using our contact details at Section 7 below) to notify us that you are returning the unused testing kit, so that we can make arrangements with the Laboratory for its return; and

  3. you must ensure all the parts of the kit we have sent to you are returned to us unopened, unused and undamaged, including the kits, labels, instructions and the biological samples envelope; you will be responsible for all postage and packaging to return the full kit to the Laboratory using the address details we provide when you contact us in accordance with paragraph B above.

PLEASE NOTE: We will not be able to offer you a refund if if any part of the testing kit has been opened, used or damaged.

7. HOW TO END THE CONTRACT WITH US

7.1    Tell us you want to end the contract: To end the contract with us, please let us know by doing one of the following:

  • Phone or email. Call customer services on +44 (0)20 8050 3832 or email us at support@yoxly.com. Please provide your name, home address, order number and, where available, your phone number and email address.

  • Online. Complete the relevant form on our Contacts page. Please provide your name, home address, order number and, where available, your phone number and email address.

  • By post. Simply write to us at Yoxly Limited, 20-22 Wenlock Road, London, N1 7GU, United Kingdom, including your name, home address, order number and, where available, your phone number and email address.

8. PRICE AND PAYMENT

8.1    Where to find the price for the testing kit: The price of the testing kit (which includes VAT, if applicable) will be the price indicated on the order pages when you place your order. All payments must take place at the point of ordering (unless you take out a subscription where available, in which case Section 11 below will apply). Payments for testing kits will be made through the payment platform shown on the platform you are using to access our services. Please see the relevant payment provider terms and conditions available before you agree to make a payment.

8.2    We will pass on changes in the rate of VAT: If the rate of VAT changes between your order date and the date we supply the testing kit, we will adjust the rate of VAT that you pay, unless you have already paid for the testing kit in full before the change in the rate of VAT takes effect.

9. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

9.1    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.

9.2    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; and for breach of your legal rights in relation to the testing kits.

9.3    Your failure to comply within your obligations. We shall not be responsible for loss or damage you suffer to the extent caused by your failure to provide us with correct information, your failure to follow the instructions for use of the testing kits, the taking and return of Samples, or otherwise caused by your failure to comply with your obligations under our agreement as set out in these terms.

9.4    We are not responsible for delays outside our control: If the supply of the testing kits 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. We cannot be held responsible for delays outside of our control.

10. OTHER IMPORTANT TERMS

10.1  We may transfer our rights under this agreement to someone else.

0.2  You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee).

10.3  This contract is between you and us - nobody else has any rights under this contract (except someone you pass your guarantee on to).

10.4  If a court finds part of this contract illegal, the rest will continue in force.

10.5  Even if we delay in enforcing this contract, we can still enforce it later.

10.6  The laws of England and Wales apply to this contract.

11. SUBSCRIPTION TERMS

11.1  By taking out a subscription with us you will benefit from a discount on the cost of the testing kits. Details of these savings are set out in the subscription service details (where available) by each testing kit description on our platform.

11.2  In addition to the standard Terms of Service, where you take out a subscription for testing kits, please note the following terms apply. To the extent these Subscription Terms conflict with the above Terms of Service, these Subscription Terms apply where you take out a subscription with us for the testing kits.

11.3  Availability: where a subscription is available for particular testing kits, details will be displayed on the relevant testing kits description page. If you wish to see which testing kits are available to purchase on a subscription basis, please see this page.

11.4  We reserve the right to change which of our products are available to purchase on a subscription basis.

11.5  Prices and Payment: the prices for each subscription will be as stated at the time you set up the relevant subscription. We reserve the right to change subscription prices and terms from time to time, but the prices and terms that apply to your subscription will be those set out at the time you commit to the relevant subscription package.

11.6  Orders: each order in your subscription constitutes a separate order and the contract for such order is concluded when we dispatch the relevant testing kit to you.

11.7  Our right to change the order: if the testing kit you have ordered is not available, we will contact you to let you know and will attempt to fulfil your order as soon as we can. If we believe we will not be able to fulfil the order within 14 days of the due date for delivery of the order, we will also let you know and you will have the right to cancel your subscription.

11.8  If we make significant changes to the testing kits we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any testing kits paid for but not received by you, and to cancel your subscription.

11.9  Your right to cancel your subscription: you may modify or cancel your subscription at any time by notifying us via one of the methods detailed in Section 7.1 above. The modification or cancellation will take effect once we receive notice from you and all orders not already dispatched to you will be cancelled as requested, and you will only be charged for testing kits that have been dispatched to you.

11.10 Our right to cancel: we reserve the right to cancel your subscription at any time and will notify you if we do. We will only charge you for orders already dispatched to you.

11.11 Delivery Issues: If problems arise with your delivery address, we will notify you using your supplied email address or phone number. We will not dispatch further orders under your subscription until the delivery issues are resolved.