Terms & Conditions
Pyser Testing Ltd - Terms & Conditions
I confirm the following statements are true and accurate:
- I am 18 years old or above (ID will be required for admission)
- I am using this service on my own behalf and of my own free will and any treatment or advice is for my sole use only
- I will not use this service if I need help filling out this form, reading or understanding this consultation
- I fully understand all the questions and information provided. If I am unsure about any aspect of the service, I will contact Pyser Testing before proceeding
- I understand my test results may be shared with Public Health England or other research bodies gathering data on Covid-19
Terms and Conditions
These Terms and Conditions apply to all sales of Goods and/or Services by Pyser Testing Ltd of 2 Park Street, London, England, W1K 2HX. United Kingdom, Company No: 12609779 (hereafter “Pyser”).
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree
to be bound by the terms and conditions (“Terms of Service”, “Terms”) in this document.
These Terms of Service apply to all users of the site, including without limitation users who are
browsers, vendors, customers, merchants, and/ or contributors of content.
Please read and accept these Terms before using our services. By accessing or using any part of our website, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.
Any updated features or tools which are added to the current booking platform shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
When you submit an order for Goods and/or Services, you will be deemed to accept these Terms and Conditions. If you are placing an order for and on behalf of your company or organisation you are confirming that: Your company or organization agrees to these Terms and Conditions; and you are authorized to place the order and agree to these Terms and Conditions on its behalf, and that you are not exceeding your authority.
“Business Day” means a day other than a Saturday, Sunday or bank or public holiday in England;
“Buyer” means the entity that purchases the Deliverables from Pyser and whose details are set out in the Order;
“Confidential Information” means any commercial, financial or technical information, information relating to the Deliverables, all technical or commercial know-how, specifications, inventions or processes, which is of a confidential nature or has been identified as such;
“Contract” means the contract formed between Pyser and the Buyer for the sale and purchase of Deliverables, incorporating these Terms and Conditions and the Order;
“Deliverables” means the Goods or Services or both as the case may be’
“Force Majeure Event” means any event or circumstance arising after the date of the Contract which prevents or hinders Pyser’s performance of its obligations under the Contract and which is beyond the reasonable control of Pyser.
“Goods” means the goods set out in the Order and to be supplied by Pyser;
“Order” means an order for the Goods from Pyser placed by the Buyer in accordance with Clause 3.3;
“Insolvency Event” has the meaning given in Clause 10.1.3;
“Intellectual Property Rights” means copyright, patents, know-how, trade secrets, trademarks, trade names, design rights, rights in get-up, rights in goodwill, rights in confidential information, rights to sue for passing off, domain names and all similar rights and, in each case: (i) whether registered or not; (ii) including any applications to protect or register such rights; (iii) including all renewals and extensions of such rights or applications; (iv) whether vested, contingent or future; (v) to which the relevant party is or may be entitled; and (vi) in whichever part of the world existing;
“Pyser” means Pyser Testing Ltd
“Services” means the services set out in the Order and to be supplied by Pyser; the services supplied constitute the receipt of an Antibody test from a trained professional at one of Pyser’s designated test sites.
“Specification” means the description or specification of the Deliverables set out or referred to in the Order;
“Terms and Conditions” means Pyser’s terms and conditions of sale as set out in this document;
“Ticket” means the booked in session to receive a Test at a designated Pyser Testing site. The ticket will specify the purchasers name, Q-code, time and date of the service to be delivered and other useful information.
“VAT” means value added tax under the Value Added Taxes Act 1994 or any other similar sale or fiscal tax applying to the sale of the Deliverables. Page 2 of 11 May 2020
In these Terms and Conditions: (i) a reference to a statute or statutory provision is a reference to it as it is amended, re-enacted or replaced from time to time; (ii) the words “including”, “includes” or “for example” are to be construed without limitation; and (iii) clause headings are inserted for convenience only and shall not affect the construction or interpretation of these Conditions.
2. APPLICATION OF TERMS
2.1 These Terms and Conditions apply to and form part of the Contract between Pyser and the Buyer. They supersede any previously issued terms and conditions of purchase or supply.
2.2 No terms and conditions endorsed on, delivered with, or contained in the Buyer’s purchase order, confirmation of order, specification or other document unless otherwise agreed in writing by Pyser.
2.3 No variation or addition to these Terms and Conditions or to an Order or to the Contract shall have effect or be binding, unless expressly agreed in writing and signed by a duly authorised representative of Pyser.
2.4 Pyser’s employees, distributors or agents are not authorised to make any representations or warranties concerning the Deliverables beyond those that appear in the Specification, unless confirmed by Pyser in writing.
2.5 Any advice or recommendation given by Pyser or its employees or agents to the Buyer or its employees or agents as to the storage, application or use of the Deliverables which is not confirmed in writing by Pyser, is followed or acted upon entirely at the Buyer’s own risk and Pyser shall not be liable for any such advice or recommendation which is not so confirmed.
2.6 Pyser reserves the right (but does not assume the obligation) to make any changes in the Specification of the Goods or Services which are required to conform with any applicable legislation or regulatory requirement, or which do not materially adversely affect their quality or performance.
3.1 Pyser may accept or reject an Order at its discretion. An Order shall not be accepted, and no binding obligation to supply any Deliverables shall arise, unless the Buyer meets eligible criteria to purchase a test.
3.2 Pyser reserves the right to deny entry to deny entry to any person:
3.2.1 Under the age of 18
3.2.2 Demonstrating symptoms of Covid-19 including fever
3.2.3 Under the influence of alcohol of other drugs
3.3 The Deliverables are subject to availability. If, on receipt of an Order, the Deliverables ordered are no longer available, Pyser will inform the Buyer as soon as possible and make arrangement for an alternative appointment to receive a test.
3.4 Pyser may at any time amend or cancel an Order in order to comply with applicable laws and regulations.
4. DELIVERY OF SERVICE
4.1 This Clause 4.1 applies unless the Order specifies that the Buyer will be responsible for receiving a test at the assigned time and date purchased.
4.2 This Clause 4.2 specifies that the Buyer will be responsible for receiving the service. Pyser will affect delivery by electronically informing the Buyer that they are booked in for collection by the Buyer from the site specified at the point of purchase.
4.3 The Buyer is responsible for ensuring they are at the specified site at the specified time on the specified date of their purchased ticked to receive a test.
4.4 The Services shall be performed by Pyser at the address specified by the Buyer in the Order. The Services shall be deemed delivered by Pyser only on completion of the Services and exit from the Pyser testing site.
4.5 If the Buyer fails to be at the site at the time and date specified on the purchased ticket Pyser will not refund the value of the ticket or reschedule to another date without the buyer incurring a re-booking fee. We will allow for fifteen minutes leeway on arrival time or at the discretion of the on duty site manager depending on capacity at the given point in time.
4.6 Pyser shall not be liable for any delay or failure of performance caused by:
4.61 the Buyer’s failure to: (i) arrive on time per details on the ticket; or (ii) provide Pyser with adequate disclosure of medical preconditions that could hinder or prevent the test being carried out; or
4.6.2 force Majeure.
5. USE OF THE GOODS AND SERVICES
5.1 The Buyer acknowledges and accepts that:
5.1.1 Diagnosis will be undertaken by a duly qualified clinician on the basis of all appropriate evidence and best clinical practice, not in sole reliance on laboratory tests;
5.1.2 The Tester will offer a point of care in a hygiene-controlled environment and the Buyer will follow instruction from Pyser staff to ensure compliance with Hygiene standards; including but not restricted to 2m social distancing when on the site; use of hand washing facilities and PPE supplied to the Buyer.
5.1.3 A CTK Biotech Onsite COVID-19 IgG/IgM Rapid Test is a lateral flow immunoassay for the detection of anti-SARS-Co V-2 IgG and IgM antibodies in human serum, plasma or whole blood.
5.1.4 For CTK Onsite Rapid Test the results will be available within 10-15 minutes, and should be read within the 10-15 minutes window to optimise accuracy of the result.
5.1.5 The CTK test device is one-time use, stable at 2-30°C, and the detection buffer is stable at 2-30°C. This product doesn’t require any advanced training or instruments for analysing the result.
5.1.6 The Abbott Laboratories SARS-CoV-2 IgG assay is a chemiluminescent microparticle immunoassay (CMIA) used for the qualitative detection of IgG antibodies to SARS-CoV-2 in human serum and plasma on the ARCHITECT i System. The SARS-CoV-2 IgG assay is to be used as an aid in the diagnosis of SARS-CoV-2 infection in conjunction with clinical presentation and other laboratory tests. Results from the SARS-CoV-2 IgG assay should not be used as the sole basis for diagnosis.
5.1.7 Pyser does not guarantee the accuracy of any of the test it offers and would refer customers to the suppliers and Public Health England (in the case of Abbott) for further information on accuracy.
5.1.8 Public Health England Evaluation of the Abbott SARS-CoV-2 IgG for the detection of anti-SARSCoV-2 antibodies: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/887221/PHE_Evaluation_of_Abbott_SARS_CoV_2_IgG.pdf
5.1.9 A positive test result for antibodies solely shows the presence of lgG and/or lgM at the given point in time the test was undertook. The test does not guarantee the sustainability of antibodies in the customer blood for any given period of time; and should customer wish to monitor antibody levels, taking further tests in the future is recommended. The test (CTK / Abbott) take should be a data point or record in any persons “Testing History”, and used for comparison to future tests.
5.1.10 A positive test does not constitute any of the following: an antibody passport; a licence to go to work, go on holiday, or any other activity involving social interaction. All health advice should be sought from the NHS via 111, or your GP. Government guidelines on Coronavirus must be followed: https://www.gov.uk/coronavirus
5.1.11 A Buyer may show their test results, including the date and time taken, to others at their discretion; however, Pyser bears no recourse or liability should the buyer contract or spread Covid-19 following a test at one of the Pyser Testing sites.
5.1.12 Antibodies and related products have a limited usable life and require storage and use in controlled conditions.
5.1.13 Acknowledges including applicable health and safety regulations; and
5.1.14 Pyser shall ensure that it and/or its personnel handling the Goods have the appropriate qualifications and training necessary to handle such Goods.
6. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
6.1 We are not responsible if information available on our website is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own personal risk.
6.2 Whiles we endeavour to ensure all information on our website is current, it may contain out of date information. All information therein provided is for your reference only and should not be deemed as advice. We reserve the right to modify the contents of this site at any time, but we have not obligation to update any information on our site. You agree that it is your responsibility
6.3 If any doubt Government guidance or NHS guidance should be followed.
7. PRICES AND PAYMENT
7.1 The Buyer shall pay all invoices in full and in cleared funds upon receipt and to the bank account nominated by Pyser.
7.2 Where a credit or debit cards is used to make payment of an invoice or to purchase Goods through Pyser’s on-line ordering facility, the person making such payment warrants that at any credit or debit card used belongs to the Buyer.
7.3 Prices for our products are subject to change without notice.
7.4 We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
7.5 We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
8.1 Orders for Deliverables may only be cancelled or amended with over 48 hours’ notice prior to the booked appointment.
8.2 Any refund will be subject to time for the transaction to be processed.
9. INTELLECTUAL PROPERTY RIGHTS
9.1 Subject to Clause 9.3, all Intellectual Property Rights in the Deliverables, or created by Pyser in connection with the Contract or in any goods, drawings, specifications and data or any other materials supplied by Pyser to the Buyer be and remain the exclusive property of Pyser or its licensors. The Buyer shall hold all such materials supplied by Pyser in safe custody until returned to Pyser, and shall not use them other than in accordance with Pyser’s written instructions.
9.2 Pyser does not grant the Buyer by implication, estoppels or otherwise, any right, title, licence or interest in any Intellectual Property Rights of Pyser or any affiliate of Pyser provided that the Buyer shall be entitled to use the Deliverables supplied by Pyser for their intended purpose and subject to these Terms and Conditions. All Intellectual Property Rights in any materials supplied by the Buyer to Pyser in connection with the Contract shall be and remain the property of the Buyer. The Buyer grants to Pyser a non-exclusive licence to use its Intellectual Property Rights to the extent necessary in connection with the supply and performance of the Deliverables.
9.3 The Buyer shall indemnify Pyser from and against any losses, damages, liability, costs and expenses (including reasonable professional fees) incurred by it as a result of any action, demand or claim that Pyser’s use or possession of the Buyer’s Intellectual Property Rights infringes the Intellectual Property Rights of any third party
10. TERMINATION (each an “Insolvency Event”).
10.1 Pyser may (without prejudice to any other rights or remedy) terminate any Contract with immediate effect by giving written notice to the Buyer:
10.1.1 if the Buyer fails to pay any amount due under these Terms and Conditions by the due date for payment and remains in default not less than 30 days after being notified in writing to make such payment;
10.1.2 if the Buyer commits a material breach of the Contract which, if such breach is remediable, it fails to remedy within a period of 30 days after being notified in writing to do so; or
10.1.4 the Buyer makes or offers to make any voluntary arrangement or composition with or for the benefit of its creditors or (being an individual) becomes bankrupt or (being a company) becomes subject to administration, or liquidation (otherwise than for the purposes of solvent amalgamations or reconstruction);
10.1.5 the Buyer ceases or threatens to cease to carry on business or suspends or threatens to suspend all or substantially all of its operations;
10.1.6 the Buyer suspends payments of its debts or becomes unable to pay its debts (within the meaning of Section 123 of the Insolvency Act 1986 where applicable);
10.1.7 an encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Buyer;
10.1.8 Pyser reasonably believes that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly,
10.1.9 Without prejudice to any other right or remedy available to Pyser, Pyser shall be entitled to suspend the supply of Services or any further deliveries of Goods under the Contract without any liability to the Buyer if the Buyer suffers an Insolvency Event or fails to pay any amount due under a Contract by the due date for payment.
10.2 On termination of any Contract for any reason:
10.2.1 any rights, remedies, obligations and liabilities of the parties that have accrued up to the date of termination shall not be effected;
10.2.2 the Buyer shall immediately pay to Pyser, all of Pyser’s outstanding unpaid invoices and any accrued interest thereon. In respect of Deliverables supplied but for which no invoice has yet been submitted, Pyser shall submit an invoice for such Deliverables which shall be payable by the Buyer immediately on receipt; and
10.2.3 any provision of these Terms and Conditions that expressly or by implication is intended to come into or continue in force on or after termination of a Contract shall remain in full force and effect.
11.1 The extent of the parties’ liability under or in connection with the Contract (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) shall be as set out in this Clause 11.
11. 2 Nothing in these Terms and Conditions shall exclude or limit the liability of either party in respect of any of the following:
11.2.1 death or personal injury caused by negligence; or
11.2.2 fraud or fraudulent misrepresentation; or
11.2.3 any indemnity given; or
11.2.4 any other losses which cannot be excluded or limited by law.
11.3 In particular, we are not responsible for:
11.3.1 loss or damage caused by you providing inaccurate or incomplete information;
11.3.2 loss of your emotional well-being including, but not limited to, any embarrassment caused;
11.3.3 loss of income or anticipated profits;
11.3.4 loss of opportunity;
11.3.5 loss of goodwill or injury to reputation;
11.3.6 losses suffered by third parties; or
11.3.7 any indirect, consequential, special or exemplary damages arising from the use of the service regardless of the form of action.
11.4 Nothing in these Terms and Conditions excludes or limits our liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation. Nothing in these Terms and Conditions affects your statutory rights.
11.5 Subject to Clause 11.2, Pyser´s total liability shall not exceed the totality of the funds received in respect of the Order to which the claim relates.
11.6 Subject to Clause 11.2, Pyser shall not be liable to the Buyer whether in tort (including but not limited to negligence or breach of statutory duty), contract or otherwise, arising under or in connection with the Contract for: any loss of use, loss of profits, loss of anticipated profits, loss of business or contracts, loss of data, loss of reputation or goodwill, loss of opportunity, business interruption, or any type of special, indirect or consequential loss, damage costs or expenses.
12. BUYER OBLIGATIONS
12.1 The Buyer shall:
12.1.1 ensure that the terms of the Order and are complete and accurate, and promptly inform Pyser of any inaccuracies or discrepancies;
12.1.2 ensure that all details provided to Pyser for the purpose of placing the Order are correct;
12.1.3 ensure that all necessary access and facilities to facilitate delivery are provided to Pyser;
12.1.4 cooperate with Pyser in all matters relating to the Deliverables and provide Pyser with adequate instructions for performance or delivery;
12.1.5 obtain and maintain all necessary licences, permissions and consents which may be required for the delivery or the Goods or performance of the Services before the date on which the Goods are to be delivered or performance of the Services is to start;
12.1.6 shall comply with all laws, enactments, regulations, regulatory policies, guidelines and industry codes applicable to it and shall maintain such authorisations and all other approvals, permits and authorities as are required from time to time to perform its obligations under or in connection with the Contract and/or the Deliverables;
12.1.7 provide Pyser, its employees, agents, consultants and subcontractors, with clear, uninterrupted access to the premises set out in the Order in order to provide the Services; and
12.1.8 provide Pyser with such information and materials as Pyser may reasonably require to supply the Deliverables and ensure that such information is complete and accurate in all material respects.
12.2 If Pyser’s performance of any of its obligations under the Contract is prevented or delayed by any act or omission by the Buyer or failure by the Buyer to perform any relevant obligation:
12.2.1 without limiting or affecting any other right or remedy available to it, Pyser shall have the right to suspend delivery or performance of the Deliverables until the Buyer remedies the default;
12.2.2 Pyser shall not be liable for any costs or losses sustained or incurred by the Buyer arising directly or indirectly from the Buyer’s failure to perform, or delay in performing, any of its obligations; and
12.2.3 the Buyer shall reimburse Pyser on demand for any costs or losses sustained or incurred by Pyser arising directly or indirectly from the Buyer’s default.
13. FORCE MAJEURE
13.1 Pyser shall not have any liability under or be deemed to be in breach of the Contract for any failure or delay in performance of its obligations under any Contract which is caused by a Force Majeure Event.
13.2 If the Force Majeure Event continues for a period of more than 120 days after its commencement, then the Buyer may terminate that Contract by giving at least 10 Business Days’ written notice to Pyser.
14.1 The Buyer shall keep confidential all Confidential Information of Pyser and shall only use the same as required to perform the Contract. The provisions of this Clause shall not apply to:
14.1.1 any information which was in the public domain at the date of the Contract;
any information which comes into the public domain subsequently other than as a consequence of any breach of the Contract or any related agreement;
14.1.2 any information which is independently developed by the Buyer without using information supplied by Pyser; or
14.1.3 any disclosure required by law or a regulatory authority or otherwise by the provisions of the Contract.
14.1.4 This Clause shall remain in force in perpetuity.
15.1.1 All notices shall be given in writing and delivered by first class post, by hand, or by pre-paid first class post or recorded delivery post other party at its address set out in the Order, or such other address, as may be notified by that party in writing for such purposes from time to time.
15.1.2 A notice delivered by hand shall be deemed to have been received when delivered (or if delivery is not in business hours, at 9 am on the first business day following delivery). A correctly addressed notice sent by pre-paid first class post or recorded delivery post shall be deemed to have been served 48 hours after the time it was posted (or if delivery is not in business hours, at 09:00 on the first business day following delivery) and in proving such service it shall be sufficient to prove that the notice was properly addressed.
15.2.1 No failure or delay by Pyser to exercise any right or remedy provided under these Terms and Conditions or by law shall not be deemed a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
15.3 Entire Agreement.
15.3.1 These Terms and Conditions and the Order constitute the whole agreement, between the parties and supersede any previous arrangement, understanding, assurances, warranties, representations and understandings between them relating to its subject matter.
15.3.2 Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Conditions.
15.4.1 Pyser may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under these Terms and Conditions. The Buyer shall not assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under these Terms and Conditions without the prior written consent of Pyser.
15.5 No partnership or agency.
15.5.1 Nothing in the Contract will constitute or be deemed to constitute a partnership between the parties nor will it constitute, or be deemed to constitute, either party the agent of the other party for any purpose.
15.6 Changes to these Terms and Conditions.
15.6.1 Pyser reserves the right to make changes to these Terms and Conditions at any time. Any amended Terms and Conditions shall be effective from the date specified on the amended Terms and Conditions.
15.7.1 If any provision (or part provision) of these Terms and Conditions is or becomes invalid, void, unenforceable or illegal, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part provision shall be deemed deleted. Any modification to or deletion of a provision or part provision under this Clause will not affect the validity and enforceability of the rest of the Contract.
15.8 Third Party Rights.
15.8.1 The Contracts (Rights of Third Parties) Act 1999 shall not apply in relation to these Terms and Conditions.