1. These terms
1.1. What these terms cover. These are the terms and conditions (the "terms") constitute the terms of your contract with Better 2 Know International Limited ("we", "our", or "us" and similar expressions as the context dictates), pursuant to which we provide testing services (the "services") to you, whether on-site at a community testing center (a "clinic"), or in the privacy of your home via our "everywhere" service.
1.2. Why you should read them. Please read these terms carefully before you submit your order to us. They tell you who we are, how we will provide services to you, how you and we may change or end our 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 before placing your order with us.
2. Information about us and how to contact us
2.1 Who we are. We are Better2Know International Limited a company registerd in England and Wales.
2.2. How to contact us. You can contact us by telephoning our customer service team at 1-833-258-6560 or by writing to us at info@better2know.com and 1 Kirkby Lonsdale Business Park, Kendal Road, Kirkby Lonsdale, Carnforth, United Kingdom, LA6 2GT, United Kingdom ("Contact Us").
2.3. How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order. It is your responsibility to ensure that your contact details and any other information you submit to us, is correct and current. You agree to notify us of any changes to this information.
2.4. "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. Our contract with you
3.1. How we will accept your order
3.1.1. Orders for testing placed online or by telephone. Please review your order carefully before finalizing it with us. Our acceptance of your order will take place when we email you or send you a text message to accept it, at which point a contract will come into existence between you and us, effective as of the date of our sending you that email or text message. A copy of this contract, or a direct link from which you can download this contract from our website, will be included in our confirming email or text message to you. Please note that if you have placed orders for more than one service, they will each be confirmed by separate email or text message and so any confirmation that you receive will only relate to the services specifically referred to in that message.
3.1.2. Orders for clinic appointments or the everywhere service placed online or by telephone. Once we accept your order, we will arrange for your appointment. All appointments will be arranged, to the extent possible, at a time, date and location that you have indicated is convenient for you.
3.2. If we cannot accept your order. If we are unable to accept your order, we will inform you in writing, and will not charge you for our services.
3.3. Geographical restrictions. Our website is intended solely for the promotion and sale of our services in Canada. We are under no obligation to accept orders for or from, anyone outside Canada.
4. Your rights to make changes
If you wish to make a change to the services you have ordered, please contact us. 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 services, 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 or not you wish to go ahead with the change. If we cannot make the change or if the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8 - Your rights to end the contract). Our policy on changes to appointments is set out in clause 5.
5. Re-arranging an appointment for a test at a clinic or as part of the everywhere service.
5.1. If we need to change an appointment time. We rely on the clinic or on the everywhere service provider to collect samples from you at your appointment. In the unlikely event that we need to re-arrange the appointment with you, we will give you as much notice as we are reasonably able in the circumstances. You will be offered alternative times and/or locations for the collection of samples, but if a mutually convenient appointment cannot be made, you may end the contract between us, and we will refund the amount that you have paid for the services in question.
5.2. If you want to change an appointment time, or you cancel or miss your appointment. If you want to change the time, date or place of an appointment, please try to give us as much advance notice as you can in the circumstances. If you give us more than 24 hours' notice before the time agreed for your test, then we will re-arrange your appointment without charge. If you give us 24 hours' notice or less before the time agreed for your test (or cancel your appointment or fail to attend an appointment without giving us at least 24 hours' notice), then we may charge you an administration fee of CAD $50.00.
6. Provision of testing services
6.1. Provision of information. When you place your order, we may ask you for information relevant to the incubation period of the conditions for which you want to be tested. It is your responsibility to ensure that you provide accurate information. Failure to provide accurate information could lead to inaccurate test results. If you do not provide us with accurate information, then:
6.1.1. if you subsequently change your mind about having the test, please see clauses 8.3 to 8.5;
6.1.2. if you attend a clinic appointment but the clinic refuses to perform the test because you failed to provide accurate information, you will be charged an administration fee of CAD $50.00 and we will not have any further obligation to arrange to provide you with a repeat test or with a second appointment.
6.2. Consent to testing. If you book an appointment for a test at a clinic or through the everywhere service, you are consenting to the sample collection procedure associated with that test and the performance of the associated clinical analysis in any clinic that we chose. If an event occurs which might put anyone handling your sample at risk (for example, a needle stick injury) you also consent to us testing your sample for HIV and other pathogens. You further consent to disclosure of the results of any such additional tests undertaken so as to ensure anyone affected can receive appropriate advice and treatment. Some infections are reportable therefore, you also consent to the collection, use, retention and disclosure of your personal health information, including your test results, where prescribed by law.
6.3. Medical emergency. If you book an appointment for a test at a clinic or through the everywhere service, and you suffer a medical emergency during the test such as fainting, then we could call the emergency services and, if we do so, we would need to disclose to them such details as they request about the circumstances. By booking the test you consent to such disclosure.
6.4. Withdrawing consent. If you want to withdraw any of the consents set out in clauses 6.1 or 6.3, please see clauses 8.3 to 8.5 which set out your right to change your mind about the services, or clause 8.6 which would apply if you wanted to end the contract between us but do not have that right.
7. Provision of test results
7.1. We are not responsible for delays outside our control. If the provision of test results is delayed by an event outside our control then we will take reasonable steps to minimise the effect of the delay. Provided we do this we will not be liable for any cost, expense or other loss, damage, injury or death that you might suffer as a result of any delay caused by the event but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any services you have paid for but have not received.
7.2. Dates given are estimates only. Subject to clause 7.4, any dates given on our website, over the telephone, or in the order confirmation, are only an estimate of when your test results could be received. Provided that we comply with our obligations under clause 7.1, we will not be liable for any cost, expense or other loss, damage, injury or death that you might suffer as a result of delay.
7.3. We do not provide medical advice. You understand and acknowledge that we cannot provide medical advice and understand that, should your test indicate a positive result, it is your responsibility to disclose your particular medical and personal health history to any physician or healthcare provider with whom you consult for specific advice.
7.4. We may suspend supply if you do not pay. If you do not pay us for the services when you are supposed to (see clause 11.4) we may suspend supply of the services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the services.
8. Your rights to end the contract
8.1. You can end your contract with us. Your rights when you end the contract will depend on matters such as the services you have ordered, whether we failed to provide the services in accordance with our obligations under this contract, and when you decide to end the contract:
8.1.1. If we want to change an appointment and it is not possible to arrange a mutually convenient time, see clause 5.1.
8.1.2. If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
8.1.3. If you have just changed your mind, see clauses 8.3 to 8.5. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;
8.1.4. In all other cases (if we are not at fault and there is no right to change your mind), see clause 8.6.
8.2. Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at 8.2.1 to 8.2.4 below, the contract will end immediately and we will refund you in full for any services which have not been provided. In some circumstances you may also be entitled to compensation. The reasons are:
8.2.1. we have told you about an error in the price or description of the services you have ordered and you do not wish to proceed;
8.2.2. there is a risk that supply of the services may be significantly delayed because of events outside our control;
8.2.3. we have suspended supply of the services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than one month; or
8.2.4. you have a legal right to end the contract because of our misconduct or negligence.
8.3. Exercising your right to change your mind. Should you wish to change your mind, you have all rights to which you are entitled under applicable law.
8.4. Your right to change your mind: testing services. You do not have the right to change your mind and receive a refund in respect of services that have been completed, even if the cancellation period is still running.
8.5. How long do I have to change my mind? How long you have depends on what you have ordered.
8.5.1. If you have ordered testing services (for example, you have booked a test in a clinic, or using our everywhere service), subject to clause 8.4, you have 14 days after the day we email you to confirm we accept your order.
8.6. Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind, you can still end the contract before it is completed, but you may have to pay us compensation. A contract for testing services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault, contact us to let us know. The contract will end immediately and we will refund any sums paid by you for services not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract. This could include the cost of any appointment that you may have made or attended at a clinic or as part of an everywhere service, and/or the cost of analysis of your samples.
9. How to end the contract with us (including if you have changed your mind)
9.1. Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
9.1.1. Phone or email. Please Contact Us, providing your name, PIN number, home address, details of the order and, where available, your phone number and email address.
9.1.2. Online. Complete this form and email it to us.
9.1.3. By post. Print off this form and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
9.2. How we will refund you. Where we pay a refund, we will do so by the method you used for payment. However, we may make deductions from the price, as described below.
9.3. Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind, we may deduct from any refund an amount for the supply of services up to the time when you told us you had changed your mind. The deduction will reflect the proportion of the services that we had performed. Where you had made an appointment for a test at a clinic or through the everywhere service, if you tell us that you have changed your mind more than 24 hours before the time agreed for your test, then we may deduct CAD $50.00 for the services that we have provided in arranging the appointment. If you give us 24 hours' notice or less before the time agreed for your test, then we may deduct the full fee in respect of costs incurred in arranging the appointment.
9.4. When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind.
10. If there is a problem
10.1. How to tell us about problems. If you have any questions or complaints about the services we provide as part of fulfilling this contract, please contact us. You can Contact Us.
11. Price and payment
11.1. Where to find our prices
11.1.1. Orders placed online. The price of the services (which includes any applicable taxes) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the advertised price is correct. However please see clause 11.2 for what happens if we discover an error in the price of the services you order;
11.1.2. Orders placed by telephone. We will tell you the price during the telephone call.
11.2. What happens if we got the price wrong. It is always possible that, despite our best efforts, our website may include inaccurate pricing. We will normally check prices before accepting your order so that, where the correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract and refund you any sums you have paid.
11.3. Taxes. You will be charged all applicable taxes on our services and on those rendered to you pursuant to this contract.
11.4. When you must pay and how you must pay. All services must be paid for by debit or credit card. We accept payment with Visa, Maestro, Mastercard, Visa Electron, AMEX, and Delta. We may take payment at any time after sending you the email to confirm your order has been accepted.
12. Our responsibility for loss or damage suffered by you
12.1. 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 breach of this contract or of our negligent failure to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
12.2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. To the extent permissible by law, we and our affiliates, and all of our respective officers, directors, members, partners, volunteers, employees, representatives, licensors and agents, will not be liable to you, or others, for any loss, injury or death, claim, liability, or damage of any kind, including, but not limited to, any direct, indirect, special, incidental, punitive or consequential damages of any kind whatsoever (including attorneys’ fees and including business interruption losses) resulting from your access to or use of (or inability to use) the services or the materials, even if we have been advised of the possibility of such losses. If the law restricts us from disclaiming responsibility in this way, we will be responsible up to CAD $1.00. 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;
12.3. Testing accuracy.
12.3.1 Your obligations for testing accuracy. You accept that it is your responsibility to comply with all instructions regarding your test. If you fail to follow instructions, the test result might not be accurate. This includes providing a sufficient sample for testing in line with the instructions provided. If you fail to provide a sufficient sample and you need to re-test, we are not obliged to refund to you any fees related to the initial test and should you wish to repeat the test, you would have to complete the order process anew.
12.3.2 Our obligations for testing accuracy. We cannot guarantee that test results will be 100% accurate. They can return a "false negative" result (i.e. they incorrectly indicate that you do not have a condition) or a "false positive" result (i.e. they incorrectly indicate that you do have a condition). You therefore rely on the test results at your own risk. So long as we use reasonable skill and care in providing the services, we cannot be responsible for any loss, damage, cost or harm that you or anyone else may suffer as a result of an inaccurate test result.
12.4. Important information. You confirm that you have read the information provided on our website, and if making a booking by telephone, that you have discussed with the booking advisor all details relevant to the choice of tests you are requesting, and accurately provided all information that they asked for. You also acknowledge that sexually transmitted diseases and/or infections may remain undetectable for several months, and it is recommended that if you have any concerns with the results of the tests that you receive, that you should consult with your own medical practitioner, or contact a member of our team who will be able to arrange a further appointment for you (at additional cost).
13. How we may use your personal information
13.1.1 Our privacy policy. Please make sure to read the following privacy provisions carefully. They constitute our Privacy Policy. Our Privacy Policy applies to you any time you submit personal information ("Personal Information") to us, except in cases where such Personal Information is publicly available. It also applies to every treatment of data or information that we receive from or about you. We comply with applicable privacy norms under the applicable legislation every time you access and/or browse our website or purchase our services.
When you browse our website, we automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system. We use this along with your Personal Information to perform data analysis in order to improve our website and to enhance your overall experience. We may share your Personal Information with our affiliates and service providers who process it on our behalf when required for business purposes. These parties are legally obligated to maintain the confidentiality of the Personal Information thus communicated to them and their handling and use of the information is confined to the purpose for which such information was specifically communicated. Some of our service providers may be located outside of Canada and as such, their handling of your Personal Information is governed by laws applicable to their respective jurisdictions.
We take reasonable steps to provide adequate and appropriate protection to your Personal Information through the use of physical, electronic and procedural safeguards. We retain your Personal Information only for so long as is necessary to fulfill the purpose for which it was collected and to meet our legal obligations, and will not disclose it without your consent or as required by applicable laws. We assume that you have consented to our reasonable collection and use of your Personal Information when you provide your Personal Information to us.
To the extent permitted by applicable laws, all test data including, but not limited to age, gender, location, tests and the results of the test remains our property.
13.1.2 Your acknowledgement and your indemnification of us. You understand and agree that the use of technology may increase the risk of your personal health information being disclosed unintentionally or intercepted by third parties. Technical failures and technological issues may result in a loss of your personal health information and/or in delays or interruptions of our online platform. Therefore, you understand that we assume no responsibility or liability for any technical failures or technological issues associated with delivering test results and you hereby indemnify and hold us harmless from any costs, losses or damages you may suffer as a result of such failures or issues.
14. Other important terms
14.1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
14.2. Subcontractors. We may subcontract to a third party performance of all or any part of the services that we have agreed to provide to you. This might include, but is not limited to, the clinics at which you arrange an appointment to have a test, and the laboratories that carry out analysis of the samples that you provide. You agree to us subcontracting the provision of all or part of the services in this way.
14.3. Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms, but you may not change its terms unilaterally.
14.4. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms 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.
14.5. 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, 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.
14.6. Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect hereof before the courts of England and Wales.