Terms & Conditions
This page (together with the documents referred to on it) tells you the terms and conditions
on which we will supply the covid-19 testing services (“Clinic Appointment”) and the home
testing kits ("the Kit") ( together the “Services") which are listed on our website www.latustesttorelease.co.uk(“our site”) to you. Please read these terms and conditions carefully
before ordering any Services from our sites. You should understand that by placing an order
for any of our Services, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference. These terms and
conditions are to be considered correct when written in English and not using a translation
Please click on the button during the purchase process if you accept them in
English. Please understand that if you refuse to accept these terms and conditions, you will
be unable to order any Service from our sites.
1. INFORMATION ABOUT US
We operate the website www.latus-testtorelease.co.uk. We are Latus Health Limited, a
company registered in England and Wales under company number 10559793 and with our
registered office at Suite 1, Riverside Building, Livingstone Road, Hessle, HU13 0DZ.
2. SERVICE AVAILABILITY
2.1 Our sites are only intended for use by people resident in or visiting the United
Kingdom. We do not have to accept orders for the services from individuals outside of the
2.2 Any Services to be provided to you by way of a Clinic Appointment shall be performed
by a clinic appointed by us as our sub-contractor.
2.3 Any samples provided by you in accordance with the Services shall be submitted to
our contracted laboratory in the United Kingdom for the purpose of carrying out the tests
forming part of your order.
3. YOUR STATUS
3.1 By placing an order through our sites, you warrant that:
3.1.1 you are legally capable of entering into binding contracts; and
3.1.2 you are at least 18 years old.
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1 After placing an order for the Test via our sites, you will receive confirmation from us
acknowledging that we have received your order.
4.2 All orders are subject to acceptance by us, and we will confirm such acceptance to you
by one of the following means:
4.2.1 Where your order relates to a Kit, by sending you an e-mail confirming that the order
has been accepted and an indication as to when the Kit will be dispatched;
4.3 The Contract will relate only to those Services we have confirmed in the Order
Confirmation. If you place an order for multiple Services we will not be obliged to supply all
of the Services to you simultaneously. You will be informed in your Order Confirmation of
any Services which will require an alternative delivery or appointment date (as appropriate).
5. DELIVERY OF THE KIT
5.1 We will dispatch the Kit to arrive with you on your fifth day of your arrival into the UK.
5.2 We will take reasonable steps to meet the delivery date set out in the Order
Confirmation or as otherwise agreed between us. However, occasionally delivery may be
affected by factors beyond our control and so cannot be guaranteed. We will let you know if
we become aware of an unexpected delay and will arrange a new delivery date with you.
Please allow extra time for deliveries across bank holidays & weekends, and to the Scottish
Highlands and Ireland.
5.3 If you fail to take delivery of the Kit within 14 days of the date set out in the Order
Confirmation, then, except where this failure is caused by our failure to comply with these
Terms or by an event beyond your control we shall have no liability to you for late delivery
and you shall be responsible for re-arranging delivery of the Kit at your sole expense.
5.4 If we are not able to deliver the Kit within the time scale set out at clause 5.1 due to
operational reasons or shortage of stock, we will deliver the Kit as soon as it becomes
available. If the Kit cannot be dispatched within 21 days of the date set out in the Order
Confirmation, we shall notify you as soon as reasonably practicable and you shall be entitled
to cancel the Contract and receive a full refund in accordance with our refunds policy (set out
in clause 8 below).
6. CANCELLATION AND RETURNS
6.1 A Contract may not be cancelled by you at any time after the order has been
6.2 In the event that a Kit delivered to you under these Terms is damaged, faulty or in
some other way unusable in accordance with the instructions provided, you must notify us
within 7 days of receipt of the Kit, confirming the damage or fault to the Kit. Within 7 days of
receipt of such notice we will arrange for a replacement Kit to be sent out to you.
7. YOUR OBLIGATIONS
7.1 When placing an order for a Kit you accept that it is your responsibility to comply with
all and any instruction included with the Kit and to return the Kit to us for testing within the
time limit specified in the Kit. This includes providing a sufficient sample for testing in line
with the instructions. If you fail to provide a sufficient sample, we are not obliged to provide
a replacement Kit.
7.2 When placing an order for a Kit you accept that it is your responsibility to ensure the
sample kit is posted back to the laboratory within any required timeframe and that Latus
Health cannot be held responsible for any delays that may occur in transit. If you choose to
use a Royal Mail trackable service the vast majority of kits will arrive in time, however this is
guaranteed by Royal Mail and not Latus Health. Any turnaround time, including that of any
guaranteed service does not start until a correctly taken sample is received by the
laboratory. Latus Health cannot be held responsible for any delays caused by late receipt of
the testing kit by the laboratory or any delays outside of Latus Health’s control such as for
instance the lack of testing capacity at the laboratory in the case of supply problems.
7.3 When you Order a Test, you accept that you have requested a method of
communication for results, if this method fails, or is not available, or in the opinion of Latus
Health an alternative method of communication is in the best interests of you and public
health, an alternative method of communication with you may be used.
7.4 Failure to comply with the provisions of clause 7.1 or 7.1 will not entitle you to a refund
of any price paid for the Services and may affect the accuracy of the results of any tests
carried out on your behalf.
7.5 If you order a test with Latus Health you are consenting to the sample collection
procedure associated with that test or tests and the performance of those tests in any
laboratory. You further consent that the results of any additional tests undertaken may be
shared so as to ensure anyone affected can receive appropriate advice and treatment. You
can withdraw that consent at any point up to when your sample is collected, and our normal
refund and cancellation policy will apply.
7.6 We reserve the right to refuse to process a Kit returned to us for processing if such Kit
is not receiving within 6 months of the date of dispatch, as set out in the Order Confirmation.
8. PRICE AND PAYMENT
8.1 The price of the Services and our delivery charges will be as quoted on our sites from
time to time, except in cases of obvious error.
8.2 VAT is not payable in respect of the Services but may be charged for any other service
offered by us.
8.3 Service prices and delivery charges are liable to change at any time, but changes will
not affect orders in respect of which we have already sent you an Order Confirmation.
8.4 Our sites contain a wide range of Services and it is always possible that, despite our
best efforts, some of the Services listed on our sites may be incorrectly priced. We will
normally verify prices as part of our Order procedure so that, where the correct price of a
Service is less than our stated price, we will charge the lower amount to you. If the correct
price of a Service is higher than the price stated on our sites, we will normally, at our
discretion, either contact you for instructions before providing the Order Confirmation, or
reject your order and notify you of such rejection.
8.5 We are under no obligation to supply the Services to you at the incorrect (lower) price,
even after we have sent you an Order Confirmation, if the pricing error is obvious and
unmistakeable and could have reasonably been recognised by you as an error.
8.6 Unless expressly agreed otherwise by the parties, payment for all Services must be by
credit or debit card. We accept payment with Visa, Maestro, Mastercard, Visa Electron,
AMEX, and Delta. We will not charge your credit or debit card until after we have issued the
9. OUR REFUNDS POLICY
9.1 Refunds are only available for Test To Release orders prior to 48 hours before dispatch, and are subject to a 20% administration fee
9.2 Cancellation of Test To Release within 48 hours of dispatch are non-refundable
9.3 There are no refunds available on private or fitness to fly tests
10. OUR LIABILITY
10.1 Subject to clause 10.2, if we fail to comply with these terms and conditions, we shall
only be liable to you for the purchase price of the Services and any losses that you suffer as
a result of our failure to comply (whether arising in contract, tort (including negligence),
breach of statutory duty or otherwise) which are a foreseeable consequence of such failure.
10.2 Nothing in this agreement excludes or limits our liability for:
10.2.1 death or personal injury caused by our negligence;
10.2.2 fraud or fraudulent misrepresentation;
10.2.3 any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;
10.2.4 defective Services under the Consumer Protection Act 1987; or
10.2.5 any other matter for which it would be illegal for us to exclude or attempt to exclude
10.3 By proceeding with any test you are formally providing your informed consent to
undergo a Covid-19 Test.
10.4 You agree that your use of the Services is at your sole risk. We cannot and do not
warrant that the tests performed as part of the Services will be 100% accurate due to the
nature of the tests being performed. You further confirm that you have read the information
provided on our website.
10.5 Any further tests required in accordance with clause 10.4 may be subject to an
additional fee, of which you will be made aware of at the time of booking.
11. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you
should be in writing. When using our sites, you accept that communication with us will be
mainly electronic. We will contact you by e-mail or provide you with information by posting
notices on our website. For contractual purposes, you agree to this electronic means of
communication and you acknowledge that all contracts, notices, information and other
communications that we provide to you electronically comply with any legal requirement that
such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Latus Health at firstname.lastname@example.org. We
may give notice to you at either the e-mail or postal address you provide to us when placing
an order, or in any of the ways specified in clause 11 above. Notice will be deemed received
and properly served immediately when posted on our website, 24 hours after an e-mail is
sent, or three days after the date of posting of any letter. In proving the service of any
notice, it will be sufficient to prove, in the case of a letter, that such letter was properly
addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail
was sent to the specified e-mail address of the addressee.
13. TRANSFER OF RIGHTS AND OBLIGATIONS
13.1 The contract between you and us is binding on you and us and on our respective
successors and assignees.
13.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of
your rights or obligations arising under it, without our prior written consent.
13.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or
any of our rights or obligations arising under it, at any time during the term of the Contract.
14. EVENTS OUTSIDE OUR CONTROL
14.1 We will not be liable or responsible for any failure to perform, or delay in performance
of, any of our obligations under a Contract that is caused by events outside our reasonable
control (Force Majeure Event).
14.2 A Force Majeure Event includes any act, event, non-happening, omission or accident
beyond our reasonable control and includes in particular (without limitation) the following:
14.2.1 strikes, lock-outs or other industrial action;
14.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war
(whether declared or not) or threat or preparation for war;
14.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural
14.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other
means of public or private transport;
14.2.5 impossibility of the use of public or private telecommunications networks; and
14.2.6 the acts, decrees, legislation, regulations or restrictions of any government.
14.3 Our performance under any Contract is deemed to be suspended for the period that
the Force Majeure Event continues, and we will have an extension of time for performance
for the duration of that period. We will use our reasonable endeavours to bring the Force
Majeure Event to a close or to find a solution by which our obligations under the Contract
may be performed despite the Force Majeure Event.
15.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of
any of your obligations under the Contract or any of these terms and conditions, or if we fail
to exercise any of the rights or remedies to which we are entitled under the Contract, this will
not constitute a waiver of such rights or remedies and will not relieve you from compliance
with such obligations.
15.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
15.3 No waiver by us of any of these terms and conditions will be effective unless it is
expressly stated to be a waiver and is communicated to you in writing in accordance with
clause 12 above.
If any of these terms and Conditions or any provisions of a Contract are determined by any
competent authority to be invalid, unlawful or unenforceable to any extent, such term,
condition or provision will to that extent be severed from the remaining terms, conditions and
provisions which will continue to be valid to the fullest extent permitted by law.
17. ENTIRE AGREEMENT
17.1 These terms and conditions and any document expressly referred to in them
constitute the whole agreement between us and supersede all previous discussions,
correspondence, negotiations, previous arrangement, understanding or agreement between
us relating to the subject matter of any Contract.
17.2 We each acknowledge that, in entering into a Contract, neither of us relies on, or will
have any remedies in respect of, any representation or warranty (whether made innocently
or negligently) that is not set out in these terms and conditions or the documents referred to
17.3 Each of us agrees that our only liability in respect of those representations and
warranties that are set out in this agreement (whether made innocently or negligently) will be
for breach of contract.
17.4 Nothing in this clause limits or excludes any liability for fraud.
18. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
18.1 We have the right to revise and amend these terms and conditions from time to time
to reflect changes in market conditions affecting our business, changes in technology,
changes in payment methods, changes in relevant laws and regulatory requirements and
changes in our systems' capabilities.
18.2 You will be subject to the policies and terms and conditions in force at the time that
you order Services from us, unless any change to those policies or these terms and
conditions is required to be made by law or governmental authority (in which case it will
apply to orders previously placed by you), or if we notify you of the change to those policies
or these terms and conditions before we send you the Order Confirmation (in which case we
have the right to assume that you have accepted the change to the terms and conditions,
unless you notify us to the contrary within seven working days of receipt by you of the
19. LAW AND JURISDICTION
19.1 Contracts for the purchase of Services through our sites and any dispute or claim
arising out of or in connection with them or their subject matter or formation (including noncontractual disputes or claims) will be governed by English law. Any dispute or claim arising
out of or in connection with such Contracts or their formation (including non-contractual
disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England
19.2 Accepting these terms and conditions means you have accepted them in the English