Sorcha Biotech Ltd Terms & Conditions

In these Terms & Conditions:

Covid-19 means the Coronavirus disease caused by the 2019 novel coronavirus (SARS-CoV-2); and

RT-PCR test means a reverse transcription polymerase chain reaction test, the purpose of which is to detect the presence of Covid-19, or the virus SARS- CoV-2, in the person to whom it is administered.

1. THESE TERMS

1.1. What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods or services.

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

2. INFORMATION ABOUT US AND HOW TO CONTACT US

2.1. Who we are. We are Sorcha Biotech Ltd a company registered in Scotland. Our company regis-tration number is SC689405 and our registered office is at C/O Dm Mcnaught & Co Ltd, 166 Bu-chanan Street, Glasgow, Scotland, G1 2LW. Our registered VAT number 385 7891 30.

2.2. How to contact us. You can contact us by writing to us at info@sorchabiotech.com.

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.

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. Acceptance of these Terms and Conditions. By proceeding with a purchase of our products, you agree and accept that these Terms and Conditions (“T&Cs”) shall apply to our supply of the prod-ucts to you. Where there is any difference or conflict between these T&Cs and any other terms and conditions provided to you in relation to the products, these T&Cs shall prevail.

3.2. How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.

3.3. We only sell to the UK. Our website is solely for the promotion of our products in the UK. Unfor-tunately, we do not accept orders from OR deliver to addresses outside the UK.

4. TESTING

4.1. Test Process. The RT-PCR test process begins with a nasal and throat swab. This is carried out so that we may obtain a sample which will be sent to our labs for analysis. The taking of the sample will be supervised by one of our trained technicians. You will be required to Self-swab your nose and throat which should take less than a minute.

The resultant RT-PCR sample is labelled anonymously in order to protect your identity and is then sent securely to our lab for analysis. RT-PCR home test kits, which are delivered to your chosen UK address, need to be self-administered.

4.2. The process and equipment we use carries CE-IVD approval for use in both the UK and EU. The purpose of the RT-PCR test is to detect the presence of the virus in the nose and/or throat.

4.3. Providing a sample. The process of providing a sample can be mildly invasive. If you are unsure about this process, we recommend that you take advice from your GP (for example, if you are prone to nose bleeds, throat issues).

4.4. All of our testing team are properly trained to take a sample, and the procedures described above conform with a standard process.

4.5. Test Results. If the RT-PCR test yields a positive result, this confirms that the Covid-19 virus is present in the individual tested. A negative result means there was no evidence of the Covid-19 virus.

Our test results are not and we do not hold them out to be a replacement for a full and proper medical investigation and/or a doctor’s advice. Any comments we make in the course of provid-ing our products to you are based solely on the results of the RT-PCR test provided based on what are considered normal ranges in the general population. Should you have any concerns surround-ing any aspect of your health or test results you should discuss these directly with your GP or other qualified medical professional.

4.6. Travel Requirements. You may request our services in order to satisfy the current requirements that various territories have in place to present a negative Covid-19 test result prior to travelling there. However, as these requirements are continually changing, we cannot guarantee, that by using our product, you will satisfy the travel requirements of any particular territory and cannot provide any guidance or advice in this regard, nor do we accept any related liabilities. It is your sole responsibility to assess the suitability of our products against the test requirements for your airline/destination country.

If you are due to travel, you are responsible for ensuring that you book a time which allows enough time for completion of the test process before you are required to check in for your flight and we do not accept any responsibility in this regard.

4.7. Children. We do not provide our products to anyone under the age of 18, unless the registra-tion process is completed by a parent or legal guardian. We recommend that you take advice from your GP or other qualified medical practitioner before booking an appointment for anyone under the age of 18.

4.8. Booking a test. If you wish to book a test, you must register and book online at https://www.booksorcha.com Whilst attending the test centre, you will be informed of the rules, policies and instructions which are implemented by the test centre staff and you must abide by these at all times during your visit.

When you arrive at your chosen test centre, one of our testing team members will welcome you and ask for you appointment confirmation and passport as proof of identity. This will be checked against your registered details.

You are responsible for ensuring the accuracy and completeness of the information requested by us when performing the tests. If you are using our home test kit, you must follow the in-structions provided and are responsible for ensuring the sample is taken correctly.

4.9. If you fail to carry out any of your obligations as detailed at clause 4.8 above, we will be unable to provide our products to you. We are not be liable for any loss or damages you may suffer as a consequence of failing to meet your obligations under clause 4.8.

4.10. Delivery of test results. We aim to deliver your test results as follows:

In respect of our RT-PCR test products –

· Next day by midnight the day after your test, via email;

· Same day by midnight if tested by the timing detailed in your testing venue.

In respect of our Home Test kits – 24 hours after the receipt of your test at our receiving centre, via e-mail.

4.11. Reporting results. We are legally required to share certain information with (where relevant) Public Health Scotland, Public Health England or other relevant local or national governmental organisations in relation to your test, including:

· your personal information (e.g., your name and date of birth);

· the test result, whether negative or positive; and

· confirmation that the sample is one that our laboratory has tested .

This information may be used as part of any test and trace service being operated by the govern-ment in your jurisdiction. Please find a link to our privacy notice [insert privacy notice link], which includes the contact details for our Data Protection Officer.

4.12. Further Assistance. If you require additional assistance for any reason, please call or email our customer services team as shown on our website.

4.13. Conditions of testing. We will not offer test appointments in the following circumstances:

· If you have had a positive antigen (swab) test for Covid-19 or developed any Covid-19 symptoms within 10 days prior to your appointment. Covid-19 symptoms may include: a fever (temperature over 37.8°C); loss of sense of taste or smell; new flu-like symp-toms (a runny or blocked nose, a sore throat, shortness of breath, muscle aches and pains, headaches, and/or overwhelming tiredness); or a new, continuous cough;

· If travel to one of our testing sites is prohibited by the guidance of the relevant local health authorities due to lockdown or other restrictions;

· If you have returned, in the 10 days prior to your appointment, from a country in rela-tion to which observation of a quarantine period is required under UK government guidelines, unless you are permitted to dispense with said quarantine period/attend the appointment under Government guidelines, such as the Government approved Test to Release programme or Arrivals Testing, such as these guidelines may change from time to time;

· If you have had contact with a confirmed positive case of Covid-19 in the 14 days prior to the appointment, as confirmed by the government’s test and trace service, or other public health authority.

· If your household members or other people with whom you have been in contact have had a positive antigen (swab) test or developed the Covid-19 symptoms aove in the 14 days prior to your appointment.

If any of the above conditions apply to you, you must wait the appropriate time period, which can be found on the government website, before you may attend a testing appointment.

4.14. Test Details. The test procedure, precautions, and interpretation of results for these tests must be followed strictly. Failure to follow test procedures may impact on the interpretation of the outcome of the test results.

Negative test results do not rule out possible other non-Covid-19 viral infections.

Positive test results do not rule out co-infections with other pathogens.

RT-PCR Tests

The RT-PCR tests is the test used by the NHS and can detect even small amounts of virus. A neg-ative RT-PCR test result provides one of the most reliable indications that Covid-19 is not present. However, a negative test result may occur if the level of viral RNA in a sample is below the detec-tion limit of the test.

There is a low risk of the test result being indeterminate (inconclusive). In this event, you will be contacted directly by us to arrange a retest.

Where RT-PCR tests are carried out to comple with the UK Government requirements for UK arrivals testing, if your day 2 RT-PCR test produces a positive result, as a result of UK Government regulations, your sample will be subject to genome sequencing which may be carried out by a third party to check for variants of Covid-19.

5. CONSENTS

By paying for and booking a RT-PCR test appointment, you give us your consent proceed with the sample taking and testing process at your chosen testing centre.

Where you book a R-PCR test on behalf a third party, you also confirm that:

· you understand that any third party data will be held and shared in accordance with these T&Cs;

· you have obtained the explicit consent from any third party to provide their personal data and made them aware of these T&Cs.

6. OUR LIABILITY

6.1. Foreseeable Loss. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. 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.

6.2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you; of satisfactory quality; fit for any partic-ular purpose made known to us; supplied with reasonable skill and; and for defective products under the Consumer Protection Act 1987.

6.3. We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business oppor-tunity.

6.4. References to loss in these T&Cs include any kind of loss arising under or in connection with these T&Cs including liability in contract, delict (including negligence), misrepresentation, restitution or otherwise.

6.5. Subject to clause 6.2 and to the extent permitted by law, Sorcha Biotech Ltd hereby expressly exclude liability for loss arising from the following :

6.5.1.the laboratory being unable to test your sample for any reason;

6.5.2.the test results not being made available to you within the stated turnaround time, where the delay is caused by your actions or omissions, or due to any events outside of our rea-sonable control;

6.5.3.you miss a flight as a result of a delay in receiving the result of any test;

6.5.4.your failure to follow any instructions provided to you by us in relation to sample collection or pre-sample preparation requirements;

6.5.5.your failure to act upon our advice if we recommend that you seek medical advice or atten-tion having taken a test;

6.5.6.your failure to attend a pre-booked appointment;

6.5.7.your failure to take your test sample in accordance with the directions laid out in your home test kit leading to an indeterminate or invalid test result.

6.5.8.your failure to package your samples according to the instructions laid out in your home test kit which may mean we are unable to test your sample and provide you with a result and/or inaccurate result;

6.5.9.in the event that you are advised by us to use Royal Mail to return your test to us, your failure to use a Royal Mail priority box to return you sample to us in accordance with the instructions provided in the home test kit.

6.5.10.your failure to take your test sample in accordance with the directions laid out in your home test kit leading leading to an indeterminate or invalid test result.

6.6. Liability for events outside of our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays 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 products you have paid for but not received. Our total ag-gregate liability to you resulting from or arising in connection with any of these T&Cs is limited to the total value paid under the contract entered into by the parties – meaning the price you paid for our services – in respect of the services supplied to you by us.

7. REFUNDS CANCELLATIONS AND CHANGES TO BOOKINGS

7.1. No right to change your mind. Once you have booked the test, you may not cancel within 14 days and receive a refund. This is because your contract with us is for the supply of a medicinal product, i.e., the test, by administration by a prescriber, or under a prescription or directions given by a prescriber, and the cancellation rights under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 do not apply.

7.2. Cancelling your test.Even though you do not have the right to cancel, where a test appoint-ment is cancelled more than 48 hours in advance we will, on request, issue a refund for the full

amount less a processing fee of £10 per test. This will be refunded directly to the form of pay-ment used to pay for the original booking. Refunds may take upwards of 7 days to process de-pendant on the method of payment. Requests must be emailed to info@sorchabiotech.com. Where a test is cancelled within 24 hrs of the date of the appoint-ment there shall be no refunds.

7.3. Changes to names on booking. All bookings are non-transferable. In exceptional circumstances we may choose to waive this – please contact info@sorchabiotech.com for information.

7.4. Arrivals Test Packages. If your day 2 arrivals test yields a positive result, any remaining tests will be automatically cancelled, and no refund or voucher will be given. This is because positive sam-ples require additional processing to check for variants of Covid-19 as per UK Government regu-lations.

7.5. Changing your test time, date, location. In respect of all tests, except Arrivals Test Packages & Home Tests, any request to change the time or date of your booking will be subject to availability. If you wish to upgrade/downgrade a package then the booking must be cancelled and a new booking made.

8. PAYMENT

8.1. The price of our services is set out under the “Book a Test” menu option on our website.

8.2. Payment in full must be made on acceptance of the test booking.

9. RIGHT TO VARY THESE TERMS

We reserve the right to make minor and reasonable amendts to these T&Cs from time to time, as required.

10. OTHER IMPORTANT TERMS

10.1. We may transfer our rights and obligations under these T&Cs to another organisation. This will not affect your rights or our obligations under these T&Cs.

10.2. 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 agree-ment of any other person in order to end the contract or make any changes to these terms.

10.3. If a court finds part of this contract illegal, the rest will continue in force. Each of the para-graphs 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.

10.4. Communications. You accept that communication with us will be both electronic and on pa-per. You agree to this means of communication and you acknowledge that all, notices, infor-mation, and other communications that we provide to you electronically or hard copy comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

10.5. 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. For example, if you miss a payment and we do not chase you but we continue to provide the prod-ucts, we can still require you to make the payment at a later date..

10.6. The use of photography or filming is not strictly prohibited at any of our sites.

10.7. Abusive behaviour towards our staff will not be tolerated and we reserve the right to deny access to our testing services should such behaviour be evident.

11. CUSTOMER SERVICE

11.1. If you have a complaint about any aspect of our products, please contact us via our Customer Service support page at [www.sorchabiotech.com].

11.2. If there is a problem with our products, due to error on our part we will reperform the service or alternatively grant a refund of the service cost, following a full investigation of the circum-stances.

12. GOVERNING LAW

Which laws apply to this contract and where you may bring legal proceedings. These terms are gov-erned by Scots law and you can bring legal proceedings in respect of the products in the Scottish courts. If you live in England or Wales you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts