Terms & Conditions

  1. HOME TESTING

J.J.A.C.E. Trading as JACE Medical, a company registered in Northern Ireland under company number NI611719 with registered office at 11 Prehen Park, Derry, BT47 2AF.

JACE Medical is a government approved private provider of Covid-19 testing. JACE Medical will appoint our partner laboratory RANDOX Laboratories Limited t/as RCLS, a company registered in Northern Ireland under company number NI015738, whose registered office address is Ardmore, 55 Diamond Road, Crumlin, Co. Antrim, BT29 4QY to assist with our engagement and warrants that they will be held to the same accountability.

  1. SCOPE OF OUR ENGAGEMENT

2.1 Purpose: To determine the presence of COVID-19 virus including various strains/variants in a correctly, properly returned and intact swab sample if using the Home Sample Collection Kit.
2.2 Product: The contract of sale relates to the provision of a JACE Medical PCR Home Sample Collection Kit, or JACE Medical Antigen test kit. The PCR Home Sample Collection Kit and the Antigen test kit are medical diagnostic products which is prescribed by Government in line with Covid-19 Travel Restrictions.

2.3 “You” are the customer and have either accessed our website, entered one of our clinics or called our telephone number and you intend to place or have placed an order for our Product.
2.4 Home: Refers to the location that you choose to take the JACE Medical PCR Home Sample Collection kit or the JACE Medical Antigen test kit.

2.5 Unless otherwise specified, JACE Medical PCR Home Sample Collection kits are for use in the UK and Ireland only.
2.6 These terms and conditions along with our Privacy policy will apply to our engagement. If there is any conflict between these Terms and any terms or conditions found elsewhere on our website, or in any written or verbal communication between you and us, these Terms will prevail.
2.7 By purchasing our Product you are giving JACE Medical and its partner laboratories RANDOX Clinic Laboratory Services, and international partner clinics or sampling sites (section 13) your informed consent to perform the tests you have ordered where required or relevant. Our engagement may be facilitated by third party subcontractors, servants, or agents, professionally trained who will abide by your strict protocols, health and safety and privacy requirements.
2.8 Our Product is offered subject to availability at the time of booking. JACE Medical reserves the right to cancel, reschedule appointments or deliveries. JACE Medical is not obliged to offer refunds due to the lawful reasons noted below, but will exercise sole discretion on reimbursement, subject to extenuating circumstances.
2.9 Please note that JACE Medical does not arrange collection from your address. If you are purchasing a PCR Home Sample Collection kit, it is your obligation to arrange for the PCR Home Sample Collection kit to be returned to JACE Medical to fit your time scale. Such time scale or time frame is your prerogative, and not the obligation of JACE Medical.
2.10 Time is not of the essence in this contract and JACE Medical do not accept any responsibility or liability for any losses arising if the test result is not provided to you within your required timescale, which may have been stipulated by third parties. Please note any such time frames are subject to privity of contract, between you and the third party, and to which JACE Medical are therefore not bound. JACE Medical will use its reasonable endeavours to perform its obligations detailed below as soon as practically possible.
2.11 For the return of the PCR Home Sample Collection kits JACE Medical recommends you leave to our clinics or the use of our partner lab, RANDOX’s Drop boxes if they are available to you. Please do not leave samples unattended in the vicinity of a drop box if the drop box is full. JACE Medical may suggest some recommended courier services from time to time, to assist you with returning your Sample to JACE Medical, but please note that this is by way of a gesture of goodwill. These couriers are not acting as employees, servants, or agents of JACE Medical, and as such, do not have any actual or ostensible authority on behalf of JACE Medical, nor will vicarious liability for their actions attach to JACE Medical. JACE Medical will not be held responsible for their service with regard to the delivery of Samples to JACE Medical on your behalf.
2.12 Failure to comply with any of your obligations in this agreement is an anticipatory breach, inter alia. It will render performance of JACE Medical obligations under contract impossible and you are therefore committing a repudiatory breach. In such circumstances, JACE Medical is entitled to accept your repudiation and choose to be no longer bound by the contract and relinquish all and any liability that JACE Medical may have had to you in relation to our Product.

  1. OBLIGATION OF YOU THE CUSTOMER

3.1 Provision of Sample by you for testing by JACE Medical (PCR only):
The sample must be taken by you in line with our operating procedures as detailed in the instructions provided to you and within the PCR Home Sample Collection kit. This includes requirement for both throat and nasal swab. If, for any reason, you are not able to provide a sample as per the procedure we cannot guarantee that the sample provided will be suitable for analysis and a valid result forthcoming and JACE Medical accepts no responsibility for losses arising in such circumstances. The customer Is fully responsible for ensuring full adherence to the procedure.
3.1.1 In order to meet these requirements you must follow the instruction supplied within the PCR Home Sample Collection kits.
3.1.2 Intended use of the PCR Home Sample Collection Kits
3.1.2.1. The COVID-19 Screening Sample Collection Kit is intended for use in the collection and transport of nose and throat swab to be analysed by JACE Medical Laboratories for the detection of the 2019-Novel Coronavirus (SARS-CoV-2).
3.1.3 Sample Registration Guidelines:
3.1.3.1 It is crucial that you register your URN at https://randoxcovid.azurefd.net/urnRegistration, once you have completed the swabbing procedure. This registration process is essential, as without it, JACE Medical will not be able to provide you with results. You will not be able to receive your results if you have not registered your URN online.

3.1.3.1.1 You are fully responsible for ensuring all information provided on the registration is correct,
3.1.3.1.2 JACE Medical hold no liability for incorrect submission of information when registration occurs, nor guarantee ability to change information should this be requested nor are liable if incorrect information affects customer requirements.
3.1.4 Return guidelines for PCR Home Sample Collection kits:
3.1.4.1 By submitting a sample to our laboratory, you are consenting to the testing of that sample
3.1.4.2 JACE Medical recommends that you use your nearest JACE Medical clinic or us a RANDOX Drop Box. If this drop box is full, please do not leave the item in its vicinity. Please either return to the drop box after a collection time, or use an alternative courier service. JACE Medical or may suggest a number of reputable couriers to assist the customer in fulfilling their obligation of getting the test to JACE Medical within the required time frame, this is done as a gesture of goodwill to you, but ultimately it is the obligation of the customer to ensure the test gets to JACE Medical in good time
3.1.4.3 If you choose an alternative courier, please arrange delivery via courier of your completed kit to the address printed on the UN3373 Return Envelope
3.1.4.3.1 Please ensure your chosen courier is able to handle biological samples according to UN3373 requirements. We recommend you select a tracked service.
3.1.4.4 It is your obligation to ensure that the sample is returned to JACE Medical in good order, with sufficient time for JACE Medical to be able to test the sample and provide you with result. JACE Medical will aim to provide results in 24Hrs once sample is received at our partner Laboratory in Northern Ireland. This time frame is subject to change, and is approximate only, noting the above provision that time is not of the essence.
3.1.5 This agreement dictates the terms regarding the agreement. JACE Medical are not bound to adhere to any time frames that you require or may be set by a third party
3.1.6 Should Covid 19 restrictions be in place in your area when you are seeking to return a sample to JACE Medical, if you are not legally able to travel, you must ensure that the sample is delivered by an alternative means. This is not the responsibility of JACE Medical and no liability will attach in this regard.

3.2 Provision of Sample by you for Testing using JACE Medical Antigen test kits:
The sample must be taken by you in line with our operating procedures as detailed in the instructions provided to you within the kit. This includes nasal swab. If, for any reason, you are not able to provide a sample as per the procedure we cannot guarantee that the sample provided will be suitable for analysis and a valid result forthcoming and JACE Medical accepts no responsibility for losses arising in such circumstances.

3.2.1 In order to meet these requirements, you must follow the instruction supplied with your JACE Medical Insert Antigen testing kits, as well as booking a zoom with our clinicians.

3.2.2 Customers are responsible for making sure the JACE Medical app is compatible with their device. After installing JACE Medical application, a user account has to be created. The customer is responsible for this.

3.2.3 Customers must read and follow the instructions from Acon Flowflex SARS-CoV-2 antigen Rapid test for self-testing that is included in the Antigen Test kit.

3.2.4 Customers must follow the instructions provided when using the JACE Medical app fully. This includes submitting a photo of the Antigen test (post swabbing) to JACE Medical app or emailed to us at hello@check2go.co.uk of the Antigen result within the specific 15–30-minute window indicated in the Acon Flowflex instructions.

3.3 JACE Medical is not a travel agent and does not provide travel advice. It is your obligation to establish the requirements for travel for your journey. Different countries have different requirements. JACE Medical are not liable for any losses arising because you have not met your travel requirements, or if those requirements change after the date of order you have not met your travel requirements, or if those requirements change after the date of order.

  1. OBLIGATIONS OF JACE MEDICAL

4.1 Testing:

For PCR samples JACE Medical will make every reasonable endeavour to analyse your sample and to provide you with a results report. However, on rare occasions, anomalies can occur during laboratory analysis, for example, issues with sample collection or processing errors. JACE Medical will endeavour to identify and correct any such issue. Additional samples may be required, if remaining sample is insufficient for repeat analysis. And as a consequence, results/reports may be delayed. JACE Medical will not be held accountable or liable for delays with testing that is outside of their control. For Antigen samples (JACE Medical Antigen test kit) you are responsible for testing and further use of the JACE Medical App. JACE Medical will not be held accountable or liable for any delays with testing.

4.2 Results:
4.2.1
For PCR samples, following receipt of your sample, we will make every reasonable endeavour to provide your test results within a reasonable timeframe following our partner laboratory receiving your sample. Delivery dates for test results are approximate only and JACE Medical will not be held liable for any delay in delivery, particularly in light of global shortages in raw materials and the unprecedented level of demand for our Product in the current challenging circumstance, as well as subject to further terms in this agreement. You acknowledge that you will receive your results to the email address provided by you when registering your URN. It is your responsibility to ensure that JACE Medical has the correct information pertaining to your email address. JACE Medical are not responsible if there is a delay in delivery of results if you have made an error in the email address spelling, nor are JACE Medical responsible should your service provider block delivery attempts by JACE Medical with your results. You are responsible for ensuring email communication is accepted from JACE Medical/ Check2Go.  

4.2.2 For JACE Medical Antigen kits
4.2.2.1 Visual results will be available within 15-30minutes of use of the Antigen test kit if instructions provided in the test kits have been followed
4.2.2.2 For a certificate of result, the results will be provided within a reasonable timeframe following in-app submission or email receipt of the photo of the JACE Medical Antigen test (once testing has occurred) and following correct adherance to the instructions provided on the Antigen App.
4.2.2.2.1 You acknowledge that you will receive your results to the email address provided by you when creating a profile in JACE Medical app. The result certificate will also be shared in JACE Medical app.
4.2.2.2.2 It is your responsibility to ensure that JACE Medical Health has the correct information pertaining to your email address. JACE Medical Health hold no liability nor are responsible should the email provided by you be incorrect or there is a delay / block by your email provider regarding your receipt by the results. If results are not received, JACE Medical are not responsible for this (change), as you are responsible for following the instructions provided on the JACE Medical App and within the JACE Medical Antigen test kits

4.3 Refunds and Cancellation Policy:

Due to the proficiency of our product dispatch, our logistical response to orders is instantaneous. Once an order is placed, things are set in motion which cannot be undone, and the order shall be delivered accordingly.

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are JACE Medical is unable to offer refunds for the following reasons:
4.3.1
. The products are not suitable for return due to health protection or hygiene reasons, as per Article 28(3) (a) of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (“2013 Regs”)
4.3.2. It is a government requirement to meet UKAS accreditation to ensure full chain of custody of samples is traceable. Each product is personalised with a unique reference number for the purposes of the testing process and further personalised with unique booking reference numbers due to government requirements for passenger locator forms The kit is therefore exempt from refunds as per Article 28(3)(b).
4.3.3. Depending on the shelf life of the subject kit, the test kits liable to deteriorate or expire rapidly and therefore they are exempt from returns under Article 28(1)(c) of the 2013 Regs
4.3.4. Following government advice, on a zero-tolerance approach to fraud, criminal activity, and breaches of Covid restrictions and in the interests of Public Health Protection
4.3.5 In cases of Force Majeure as detailed in section 9 of this agreement
4.3.6 The products are a prescribed Medical Diagnostic Product, not a service, for use by the customer to facilitate their passenger transport requirements and therefore exempt from a right to cancel.

  1. RESTRICTIONS

JACE Medical does not condone or encourage any breach of Covid 19 restrictions. You must consider the current legislated position in your area at the time of booking. It is your responsibility to ensure that your Obligations under contract as listed above are not in breach of local laws or restrictions. JACE Medical will not be held liable should any restrictions apply to you and you are unable to meet your obligations, this applies in circumstances where these restrictions change after the date of booking the Product, rendering you unable to perform your obligations.

If due to Covid 19 restrictions, you are not able to travel to return your sample to one of the JACE Medical Drop Boxes or other return means provided as a gesture of Goodwill, then it is your obligation to arrange an alternative means for the sample to be returned to JACE Medical to meet your timeframe.
Any individual under the age of 18 should be accompanied and supervised by an adult to assist with using the Home Test Kit or attending an appointment.

  1. LIABILITY

Nothing in these terms or conditions excludes or limits the liability of JACE Medical as follows: – 1) for death or personal injury caused by our negligence, or 2) under section 2 of the Consumer Protection Act 1987, or 3) for fraud or fraudulent misrepresentation, or 4) by the conditions implied under section 12 of the Sale of Goods Act 1979 or 5) by the conditions implied under section 2 of the Supply of Goods and Services Act 1982.JACE Medical shall not be liable to you for any loss of profit, loss of business, loss of opportunity, loss of goodwill, or any claims for direct or indirect compensation whatsoever, which may arise out of, or in connection with, the use of the goods or services provided. Where you are being provided with these goods and services as a consumer, our total liability in contract, tort, misrepresentation or otherwise; arising in connection with the performance of these conditions, shall be limited to losses which are a foreseeable consequence of the failure to comply with these terms and conditions only. Different limitations may apply where you have ordered testing kits for resale to third parties, or are otherwise operating as a business, and these terms are without prejudice to any separate terms that apply in that context, which would have been communicated to you at the point of sale.

Any time frames alluded to above are approximate only and subject to change. Time is not of the essence in this contract and JACE Medical do not accept any responsibility or liability for losses arising as a result of any delay, if the test result is not provided to you within your required timescale as may be set by you or any third party. Without prejudice to the generality of the foregoing, this limitation is to include claims for losses where you have been unable to travel or work.

JACE Medical will not be held liable for any losses arising as a result of your failure to adhere to your obligations or follow instructions as set out in this contract

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  1. PERSONAL INFORMATION

Please see our Privacy Policy for information regarding how we collect and process personal information.

  1. YOUR SAMPLE

By agreeing to these Terms & Conditions, you are providing JACE Medical with consent to test a sample that you have provided for the detection of SARS-CoV-2. For PCR this may be completed using a multitude of scientific methodologies, for further improvements of COVID specific testing systems and for the detection of mutations and Variants of concerns (VOCs). For PCR samples, JACE Medical aims and expects to securely and safely destroy all samples once all testing has been completed. It is not possible to return your sample to you. For Antigen tests, you are expected to securely and safely dispose of your sample once a successful scan has been completed following instructions provided.

  1. FORCE MAJEURE

JACE Medical shall not be held liable for any failure to perform its obligations under this contract, if it is prevented or delayed in performing those obligations by an event of force majeure, without prejudice to the generality of the foregoing, such events may include the following:
9.1 Adverse events (such as, but not limited to, fires, explosions, earthquakes, drought, tidal waves and floods); 9.2 war, hostilities (whether war be declared or not), invasion, act of foreign enemies, mobilisation, requisition, or embargo;

9.3 rebellion, revolution, insurrection, or military or usurped power, or civil war;
9.4 contamination by radio-activity from any nuclear fuel, or from any nuclear waste from the combustion of nuclear fuel, radio-active toxic explosive, or other hazardous properties of any explosive nuclear assembly or nuclear component of such assembly;
9.5 riot, commotion, strikes, go slows, lock outs or disorder, unless solely restricted to employees of the Supplier or of his Subcontractors; or
9.6 acts or threats of terrorism.
9.7 Supply or delivery restrictions arising as a result of governmental Pandemic response.
9.8 Any supply/delivery limitations arising out of an Act of Government, or with respect to any border travel, customs delay or trade restrictions arising as a result of Brexit.
9.9 Any changes in Government Policy that has impacted on your travel plans.

  1. SEVERABILITY AND RECTIFICATION

The unenforceability or invalidity of any clause in this Agreement whether in whole or in part, shall not have an impact on the enforceability or validity of any other clause. Any unenforceable or invalid clause shall be regarded as removed from this Agreement to the extent of its unenforceability and invalidity at the finding of a competent Court.

In case of any mistake in this Agreement, including any error, ambiguity, illegality, contradiction or omission, this Agreement shall be interpreted as if such mistake were rectified in a manner which implements the intent of the parties as nearly as possible as effects substantial fairness, considering all pertinent circumstances.

  1. CONFIDENTIALITY

Aside from any legal obligations to the contrary, or disclosure of results by you to third parties, the nature of this transaction and agreement is strictly private and confidential. Any disclosure by you to non-permitted third parties, on any platform, regarding the dealings of the parties to this agreement, or the agreement terms itself, will be considered a breach of this clause. In such an event, JACE Medical reserves the right to enforce the terms of this agreement to the full extent of the Law against you, should it be deemed necessary by JACE Medical. Such proceedings may include claims for defamation, injunctive relief and pursuit of damages and reasonable legal costs associated, in the event of a legal basis for a claim arising

  1. GOVERNING LAWS AND JURISDICTION

The governing laws of this agreement are the Jurisdiction where the Contract was deemed to be performed.

  1. RETURN TRAVEL PACKAGE VARIATIONS

This provision is relevant only if you have ordered a Return Travel Package.

13.1 Entry requirements differ from country to country and may be subject to change with very little notice so please check the UK government site regularly before your travel.

13.2 Each passenger is responsible for checking and conforming with the entry and exit requirements at their arrival and return destinations. Please be aware that if you fail to comply with these requirements you may not be able to travel or be allowed to enter your destination

13.3 The international testing services referenced on this page are performed by a third party international partner clinic and are not being advertised by JACE Medical as a testing service performed by JACE Medical.

13.4 JACE Medical is not responsible for the quality, timing or results of any third-party testing performed by international partner clinics and any impact this may have on your ability to travel. Opening hours and locations of the test clinics are not the responsibility of JACE Medical. Customers should pay close attention to the opening hours of the clinics and ensure tests are arranged according to clinic opening hours and the relevant return to the UK travel window for the chosen country

13.5 Where an online booking or notification of appointment is required in order to redeem an international test voucher code while abroad through our international partner clinics, we strongly advise customers to arrange this prior to travelling to their destination.

13.6 Test dates and times are the responsibility of the traveller and JACE Medical is not responsible if the customer decides to attend a test outside the relevant UK travel window.

13.7 JACE Medical do not accept any responsibility or liability for losses arising as a result of any delay from the third- party testing provider, if the test result Is not provided to you within your required timescale as may be set by you or any third party.

13.8 Customers should direct all communication regarding their International test performed by the International partner clinic while abroad directly to their chosen International partner clinic.

13.9 In the event of an unclear or VOID test or any confirmation retests alerted to the customer by the international partner clinic, the customer should communicate directly with and discuss with the international partner clinic. JACE Medical hold no liability for an unclear or VOID test and cannot offer assistance if this occurs.

13.10 In the event of a positive test the customer should refer to local government guidelines of the country where the customer Is situated.

13.11 Possession of a test certificate to enable travel back to the UK is the responsibility of the customer. JACE Medical cannot reproduce any test certificates produced by our third-party International partner clinic. JACE Medical cannot assist you should you lose your test certificate

  1. CLICK AND COLLECT VARIATIONS

14.1 Due to the proficiency of our stock management systems, stock allocation is instantaneous and cannot be undone and the kits are allocated accordingly to the specific customer account. As booking reference numbers are provided with the order confirmation for any arrival kits.

14.2 Once the Products are in the customers possession JACE Medical reserves the right to rely on 4.3 above.

  1. Variations

This provision is relevant only if you have ordered an JACE Medical Antigen test kit or Rapid Antigen pack to be used in conjunction with the JACE Medical app.

15.1 The JACE Medical App must be downloaded by the customer if customer wishes to generate a result certificate. It is the customers responsibility to ensure that their device is suitable for use of the app.

15.2. The customer is responsible for carrying out the JACE Medical Antigen testing and ensuring the app instructions are followed correctly. JACE Medical do not accept any responsibility or liability for losses arising as a result of any delay in the certification being provided.

15.3. JACE Medical samples are not to be sent to JACE Medical health for testing. These are self-administered Tests. Certificates for results can only be provided if the customer uses the app.

15.4. Each passenger is responsible for checking and conforming with the entry and exit requirements at their arrival and return destinations. Please be aware that if you fail to comply with these requirements you may not be able to travel or be allowed to enter your destination

15.5. The customer is responsible for ensuring the country/ location certificate is suitable for travel in line with the entry /exit requirements at their arrival and return destinations. JACE Medical are not responsible for this.
15.6. You are responsible for completing all profile registration requirements on the app. The customer is responsible for reviewing and confirming all information is correct.

JACE Medical cannot amend or change and information the customer has provided into the app.

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15.7. JACE Medical do not accept any responsibility for losses arising should the test result not be provided to you within your required timescale.

15.8. In the event of an unclear or VOID test result the customer must carry out another test at their own cost. JACE Medical hold no liability for an unclear or VOID test and do not offer assistance if this occurs.

15.9  In the event of a positive test the customer should refer to local government guidelines of the country where the customer is situated

B IN-CLINIC

  1. Who We Are

J.J.A.C.E. Trading as JACE Medical, a company registered in Northern Ireland under company number NI611719 with registered office at 11 Prehen Park, Derry, BT47 2AF. JACE Medical is an approved end to end Sars Cov2 service provider, and carries on the business of providing clinical testing services and has entered into an agreement with you, the customer, to provide such Services. JACE Medical will appoint our partner laboratory RANDOX Laboratories Limited t/ as JACE Medical Clinical Laboratory Services, a company registered in Northern Ireland under company number NI015738, whose registered office address is Ardmore, 55 Diamond Road, Crumlin, Co. Antrim, BT29 4QY to assist with the provision of the Services and warrants that they will be held to the same accountability.

  1. Service

“You” are the customer and have either accessed our website, entered one of our clinics or called our telephone number and intends to place or has placed an order for our Service.
Throughout our service, website and during any telephone call or written correspondence between you and us these terms and conditions along with our Privacy policy will apply. If there is any conflict between these Terms and any terms or conditions found elsewhere on our website, or in any written or verbal communication between you and us, these Terms will prevail.

Services are offered subject to availability at the times of booking. JACE Medical reserves the right to cancel or reschedule appointments, but will endeavour to accommodate the client, where possible.

  1. Restrictions

JACE Medical personnel can only conduct sample collections on individuals aged 18 and over. Persons under the age of 18 must be accompanied by a parent or legal guardian who will be required, under supervision and instruction, to do the sample collection on the minor.

  1. Sample Collection

Your sample will be collected by one of our certified healthcare professionals. The sample must be taken in line with our operating procedures which includes both throat and nasal swab. If, for any reason, you are not able to provide a sample as per the procedure we cannot guarantee that the sample provided will be suitable for analysis and a valid result forthcoming.

  1. Testing

JACE Medical will make every reasonable endeavour to analyse your sample and to provide you with a results report. However, on rare occasions, anomalies can occur during laboratory analysis, for example, issues with sample collection or processing errors. JACE Medical Health will endeavour to identify and correct any such issue. Additional samples may be required, if remaining sample is insufficient for repeat analysis. And as a consequence results/ reports may be delayed. JACE Medical will not be held accountable or liable for delays.

  1. Results Delivery

Following receipt of your sample, we will make every reasonable endeavour to provide your results within a reasonable timeframe following our laboratory receiving your sample. Delivery dates for test results are approximate only and JACE Medical will not be held liable for any delay in delivery, particularly in light of global shortages in raw materials and the unprecedented level of demand for our services in the current challenging circumstance.

You acknowledge that you will receive your results to the email address provided by you when booking your test. It is your responsibility to ensure that JACE Medical has the correct information pertaining to your email address. JACE Medical are not responsible if there is a delay in delivery of results if you have made an error in the email address spelling, nor are JACE Medical health responsible should your service provider block delivery attempts by JACE Medical Health with your results. You are responsible for ensuring email communication is accepted from JACE Medical.

  1. Purpose

To determine the presence of COVID-19 virus including various strains/variants in a correctly, properly returned and intact swab sample, using the sample collection kit provided.

  1. Refunds

JACE Medical are unable to offer you a refund if you are arriving into the UK. Due to UK government covid travel restrictions and departmental guidance, we are legally unable to offer you a refund once you have been provided with a Passenger locator form booking reference number. If you are departing from the UK and you cancel your appointment with more than 24 hrs notice, then JACE Medical shall consider your refund request.

  1. Liability

Nothing in these terms or conditions excludes or limits the liability of JACE Medical as follows: – 1) for death or personal injury caused by our negligence, or 2) under section 2 of the Consumer Protection Act 1987, or 3) for fraud or fraudulent misrepresentation, or 4) by the conditions implied under section 12 of the Sale of Goods Act 1979 or 5) by the conditions implied under section 2 of the Supply of Goods and Services Act 1982. JACE Medical shall not be liable to you for any loss of profit, loss of business, loss of opportunity, loss of goodwill, or any claims for indirect compensation whatsoever, which may arise out of, or in connection with, the use of the goods or services provided. Where you are being provided with these goods and services as a consumer, our total liability in contract, tort, misrepresentation or otherwise; arising in connection with the performance of these conditions, shall be limited to losses which are a foreseeable consequence of the failure to comply with these terms and conditions only. Different limitations may apply where you have ordered testing kits for resale to third parties, or are otherwise operating as a business, and these terms are without prejudice to any separate terms that apply in that context, which would have been communicated to you at the point of sale.

Any time frames alluded to in your dealings with JACE Medical are approximate only and subject to change. Time is not of the essence in this contract and JACE Medical do not accept any responsibility or liability for losses arising as a result of any delay, if the test result is not provided to you within your required timescale as may be set by you or any third party. Without prejudice to the generality of the foregoing, this limitation is to include claims for losses or consequential losses where you have been unable to travel or work.

  1. Your Sample

By agreeing to these Terms & Conditions, you are providing JACE Medical with consent to test a sample that you have provided for the detection of SARS-CoV-2. This may be completed using a multitude of scientific methodologies, for further improvements of COVID specific testing systems and for the detection of mutations and Variants of concerns (VOCs). JACE Medical aims and expects to securely and safely destroy all samples once all testing has been completed. It is not possible to return your sample to you.

If your result is positive, the information that you provide us with will be reported to PHE by our testing laboratory, as per their legal requirements.
For details on how and why your information is collected and processed, please see our Privacy Policy.

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  1. Force Majeure

JACE Medical shall not be held liable for any failure to perform its obligations under this contract, if it is prevented or delayed in performing those obligations by an event of force majeure, without prejudice to the generality of the foregoing, such events may include the following:

  • Adverse events and Weather events (such as, but not limited to, fires, earthquakes, explosions, drought, tidal waves and floods);
  • War, hostilities (whether war be declared or not), invasion, act of foreign enemies, mobilisation, requisition, or embargo;
  • Rebellion, revolution, insurrection, or military or usurped power, or civil war;
  • Contamination by radio-activity from any nuclear fuel, or from any nuclear waste from the combustion of nuclear fuel, radio-active toxic explosive, or other hazardous properties of any explosive nuclear assembly or nuclear component of such assembly;
  • Riot, commotion, strikes, go slows, lock outs or disorder, unless solely restricted to employees of the

Supplier or of his Subcontractors; or

  • Acts or threats of terrorism.
  • Supply or delivery restrictions arising as a result of governmental Pandemic response.
  • Any supply/delivery limitations arising out of an Act of Government, or with respect to any border travel, customs delay or trade restrictions arising as a result of Brexit.
  1. Severability

The unenforceability or invalidity of any clause in this Agreement whether in whole or in part, shall not have an impact on the enforceability or validity of any other clause. Any unenforceable or invalid clause shall be regarded as removed from this Agreement to the extent of its unenforceability and invalidity at the finding of a competent Court.

  1. Confidentiality

Aside from any legal obligations to the contrary, or disclosure of results by you to third parties, the nature of this transaction and agreement is strictly private and confidential. Any disclosure by you to non-permitted third parties, on any platform, regarding the dealings of the parties to this agreement, or the agreement terms itself, will be considered a breach of this clause. In such an event, JACE Medical reserves the right to enforce the terms of this agreement to the full extent of the Law against you, should it be deemed necessary by JACE Medical. Such proceedings may include claims for defamation, injunctive relief and pursuit of damages and reasonable legal costs associated, in the event of a legal basis for a claim arising.

  1. Governing Laws

The governing laws of this agreement are the Jurisdiction where the Contract was deemed to be performed.

  1. ANTIBODY APPOINTMENT VARIATIONS

Restrictions:
Antibody samples can only be taken from individuals aged 18 and over.

Sample Collection:
Antibody samples are blood samples collected using a lancet and finger prick blood draw. The sample must be taken in line with the operating procedure. If for any reason you cannot provide a sufficient sample as per the procedure, JACE Medical cannot guarantee that the sample will be suitable for analysis. Additional Sample may be required if sample is insufficient for analysis. As a result the reports and results outcome may be affected by this.
The sample collection method requires a small volume of blood drawn from the customers finger. Slight discomfort may be experienced for a few days around the blood draw area as a result.

Purpose:
To determine the presence of COVID-19 Antibodies in a correctly, properly returned and intact (finger prick) whole blood sample, using the sample collection kit provided.

Your Sample:
By agreeing to these Terms & Conditions, you are providing JACE Medical with consent to test a sample that you have provided for the detection of SARS-COV-2 Antibodies. This may be completed using a multitude of scientific methodologies, for further improvements of COVID specific testing systems and for the detection of mutations and Variants of concerns (VOCs). JACE Medical aims and expects to securely and safely destroy all samples once all testing has been completed. It is not possible to return your sample to you.

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As updated August 2021.

Who We Are

C PRIVACY POLICY

J.J.A.C.E. Trading as JACE Medical, a company registered in Northern Ireland under company number NI611719 with registered office at 11 Prehen Park, Derry, BT47 2AF. JACE Medical  is a government approved private provider of Covid-19 testing. JACE Medical  will appoint our partner laboratory RANDOX Laboratories Limited t/as RCLS, a company registered in Northern Ireland under company number NI015738, whose registered office address is Ardmore, 55 Diamond Road, Crumlin, Co. Antrim, BT29 4QY to assist with our engagement and warrants that they will be held to the same accountability.

As a customer of JACE Medical, we will collect what is known as personal data about you. Personal data is information from which you, as an individual, can be identified. This policy outlines how the relevant JACE Medical company you interact with will use, store and protect any personal data that you provide or that we otherwise hold about you when using JACE Medical COVID-19 testing.

A separate privacy policy applies in respect of other personal data which JACE Medical may collect or otherwise hold about you in connection with other goods and services we provide or receive, and where you are a JACE Medical customer for anything other than COVID-19 testing.

Where you have obtained your COVID-19 test privately, then the relevant controller of personal data (i.e. the organisation that decides the purposes for which and the way in which your personal data is dealt with) will be JACE Medical.

Unless indicated otherwise, this policy sets out how JACE Medical will use, store and protect any personal data we collect or generate about you for both private tests and public tests.
This version three of this policy was last updated on 9 August 2021. Historic versions of this policy can be obtained by contacting us.

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What Personal Data Do We Collect or Hold About You

We will collect personal data as part of our online testing kit registration process. Registration is essential for all testing and reporting of results to proceed, and it is essential that you complete these details, and confirm your acceptance of this policy, personally.
The information we collect during registration includes:

  • The unique registration number (URN) on your test kit (it is very important that this is recorded correctly to ensure that your sample is correctly matched to your online registration);
  • Your name;
  • Your date of birth;
  • Your gender;
  • Your email address (it is very important that this is recorded correctly so that your results are sent to

the right email address);

  • Your country / nationality;
  • Your telephone number;
  • The date your sample was collected;
  • Your full home address (including postcode);
  • Your national insurance number (optional); and
  • Your NHS / employee number (if applicable).
  • Your Vaccination Status

We will not collect any information which we, or relevant third parties, do not need.
Once your swab sample has been returned to us, and it has been tested for COVID-19, our systems will automatically generate a report which shows our findings (the Report). This Report will include some of the personal details that you have provided to us about yourself. We will also hold this information in a centralised database.
Please note that there are limitations inherent in the sample collection and testing process, which are explained in our terms and conditions, and in the test instructions that were provided to you when you received your test kit.
It is important that the personal data we hold about you is accurate and current, and we cannot be held responsible for incorrect data that is provided by you. Please keep us informed if your personal data changes during your relationship with us.
If you fail to properly provide all requested data or provide incorrect data we may be unable to provide testing or notify you of your results. There is also a risk that third parties could be inadvertently provided with your data if, for example, you have not correctly entered your email address, or your email servers are compromised.

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How Do We Use That Information?

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data on one or more of the following grounds:

Where we need to perform the contract that we have entered into with you (in the case of JACE Medical in respect of private tests).
Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests

Where we need to comply with a legal obligation (including the terms of our contract with the DOH, in the case of our partner lab, RANDOX in respect of NHS tests).

We do not rely on consent as a basis for processing your personal data, unless you have requested a private COVID-19 test from JACE Medical, in which case you may withdraw your consent to processing at any time by contacting us using the details below. Any payments made for testing are non-refundable, as explained in our terms and conditions.

Where we are using your personal data that identifies your health data, we are doing that either on the basis of your explicit consent, your vital interests, for public interest, medical diagnostic reasons or preventative or occupational health reasons.

Generally, JACE Medical will use the data you provide to test your swab samples for COVID-19 and notify the results to you as the registered user of the kit via the Report. A copy of the Report will be sent by email to the email address you provided to us when you signed up through our registration portal.

After your sample has been posted to us, please make sure to regularly check your emails (including any junk or spam folder) for any email attaching the Report. Please note that we are not responsible for the security of any domains in respect of email addresses you have given us. If you believe you have received a Report in error, please contact us at hello@jacemedical.co.uk immediately.

Additional information, including home address, is necessary for notifying the relevant public health or other Government authorities of the results of your test, if we are requested to do so. Personal data required for COVID-19 testing (including test results) is held on controlled computer systems. Currently, our registration portal is securely maintained on a secure UK-based server in accordance with their standard terms and privacy policy.

As a controller or processor of personal data, JACE Medical and its affiliated companies must process your information fairly and lawfully. We will also process your data in accordance with the instructions of the DOH and the terms of our contract, in the case of JACE Medical.

We also collect, use and share Aggregated Data for any purpose. Aggregated Data could be derived from your data but is not considered personal data as this it will not directly or indirectly reveal your identity.
We will not use any personal data that we collect for marketing purposes unless you have separately signed up to receive marketing communications from us.

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Who Do We Share It With?

JACE Medical will not generally share personal data about you with other organisations or people, unless permitted or required by law, you have provided consent, or a third party is required to perform our obligations of contract (in such circumstances, the third party will be bound by similar data protection requirements). Nor do we transfer your personal data outside of the UK.

That said, please note that your data (including your test results) may be available to other companies within the JACE Medical groups of companies, and to relevant health or other governmental authorities for the purposes of, among other things, contact tracing and infection control.

Where possible, we require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and we only permit them to process your personal data for specified purposes and in accordance with your consent.

In respect of NHS testing results, please note our partner lab, RANDOX acts as a processor on behalf of the DOH, so has no control over what the DOH chooses to do with your personal data or who it is shared with by DOH.

A HOME TEST KITS

D REFUND AND CANCELLATION POLICY

Refunds and Cancellation Policy:

Due to the proficiency of our product dispatch, our logistical response to orders is instantaneous. Once an order is placed, things are set in motion which cannot be undone and the order shall be delivered accordingly.

JACE Medical is unable to offer refunds for the following reasons:

  • The products are not suitable for return due to health protection or hygiene reasons, as per Article 28(3)(a) of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (“2013 Regs”)
  • It is a government requirement to meet UKAS accreditation to ensure full chain of custody of samples is traceable. Each test Kit is personalised with a unique reference number for the purposes of the testing process and further personalised with unique booking reference numbers due to government requirements for passenger locator forms The kit is therefore exempt from refunds as per Article 28(3)(b).
  • Depending on the shelf life of the subject kit, the test kits may be liable to deteriorate or expire rapidly and therefore they are exempt from returns under Article 28(1)(c) of the 2013 Regs.
  • The test kits are a prescribed Medical Diagnostic Product, not a service, for use by the customer to facilitate their passenger transport requirements and therefore exempt from a right to cancel.
  • Following government advice, on a zero-tolerance approach to fraud, criminal activity, and breaches of Covid restrictions
  • In the interests of Public Health Protection
  • In cases of Force Majeure as detailed in these terms.

Once the Products are in the customers possession JACE Medical reserves the right to rely on 4.3 above.

C IN-CLINIC APPOINTMENTS

JACE Medical are unable to offer you a refund if you are arriving into the UK. Due to UK government covid travel restrictions and departmental guidance, we are legally unable to offer you a refund once you have been provided with a Passenger locator form booking reference number.

if you are departing from the UK AND you cancel your appointment with more than 24 hrs notice, then JACE Medical shall consider your refund request.

 

 

 

 

 

 

 

 

Refunds
1.
Current Terms and Conditions guide the application of refunds. Refunds are positively assessed for:

  1. Outbound Home Sample Collection Kits. When:

(1)  Kits have not been delivered within target timelines. (will aim to rectify by arranging an appointment at one of the JACE Medical testing sites).

  1. (2)  Kits have not been delivered as per original order within target timelines (ie missing product – will aim to rectify or arrange alternative appointment at one of
    JACE Medical testing sites).
  2. (3)  Kits have been delivered with components missing (ie missing components – will aim to rectify or arrange alternative appointment at one of JACE Medical testing sites).
  3. (4)  Kits have not been delivered as per original order within target timelines (ie incorrect product – will aim to rectify or arrange alternative appointment at one of JACE Medical testing sites)
  4. (5)  Acceptance of an error by JACE Medical in the order process/duplicate order processed.
  1. Returning Samples to JACE Medical using RANDOX Drop Boxes. In cases where samples are not accessioned in the laboratory/ misplaced between drop box and laboratory (JACE Medical assigned courier). Will aim to rectify or arrange alternative appointment and subsequent retest at one of JACE Medical testing sites.
  2. Clinic/Test Centre Appointments. When:
  1. (1)  Cancellations are made for Predeparture testing, with over 24 hours notice.
  2. (2)  Samples are not accessioned within the laboratory.
  1. Provision of Results. When:
  1. (1)  The timeframe between confirmed sample receipt and sample result is unacceptably delayed impacting the customer. Will aim to rectify or arrange alternative appointment and subsequent retest at one of JACE Medical testing sites.
  2. (2)  An incorrect result has been provided or a result recalled impacting the customer. Will aim to rectify or arrange alternative appointment and subsequent retest at one of JACE Medical testing sites.
  1. Additional Consideration. Additional latitude for refunds, beyond the published Terms and Conditions, is available and cleared by management on a case-by-case basis in order to maintain goodwill or in perceived circumstances of unfairness.

 

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