Terms of Service

This page (together with the documents referred to on it) tells you the terms and conditions on which we will supply the HIV, STI and STD private clinic testing services (“Virtual Appointments”) and the home testing kits (“the Kit”) ( together the “Services”) which are listed on our website www.virtualcare.clarewellclinics.co.uk, (“our sites”) 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.

This page (together with the documents referred to on it) tells you the terms and conditions on which we will supply the HIV, STI and STD private clinic testing services (“Virtual Appointments”) and the home testing kits (“the Kit”) ( together the “Services”) which are listed on our website www.virtualcare.clarewellclinics.co.uk, (“our sites”) 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 tool.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

1.1 The Products & Services are provided by Mulchand UK Limited (“the Company” or “we” or “us”) registered in England & Wales, registered number 07501755, with a registered office at 40 Hylton Street, Jewellery Quarter, Birmingham, B18 6HN.

1.2 Information provided by the administrative staff and our website is for guidance purposes only. Our clinicians have the right (and experience) to override information given by administrative staff, as and when appropriate to do so.

1.3 Our website is updated on a regular basis to ensure accuracy of information. Our website contains links to other websites provided by third parties, these links are provided for information purposes only. We have no control over the contents of those websites and accept no responsibility for them or any loss or damage that may arise from your use of them.

1.4 We ask that patients give an honest response when our clinicians request information. Clarewell Clinics does not accept accountability if you withhold vital information.Clarewell Clinics reserves the right to refuse to administer a treatment if a clinician deems it inappropriate.

1.5 Please be aware that service charges are subject to change without notice (however, we will try our best to ensure it is clear). Cost of treatment, however, will always be discussed with the patient before initiation.

1.6 Clarewell Clinics has a zero-tolerance policy regarding the verbal or physical abuse of our staff, other patients, or damage to our property. Offenders will be referred immediately, with appropriate supporting evidence, to the police for prosecution.

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 UK.

2.2 Any Services to be provided to you by way of a Virtual Appointment shall be performed by our clinicians.

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 Kit or a Virtual Appointment via our sites, you will receive confirmation from us acknowledging that we have received your order.  If you place your order for the Kit or Clinic Appointment by telephone, you will receive a verbal confirmation from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer by you to purchase our Services, and that you consent to those services.

4.2 If you place your order online for a Virtual Appointment, once an appointment has been made for you at the time, date that you have chosen that order will be accepted by us and you will be subject to our normal cancellation policy.

4.3 All orders are subject to acceptance by us, and we will confirm such acceptance to you by one of the following means:

4.3.1 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;

4.3.2 Where your order relates to a Virtual Appointment, by contacting you via telephone, email or SMS/ text message to confirm the details of your appointment, including the location of the clinic at which the Services are to be provided; (together the “Order Confirmation”).  The contract between us (the “Contract”) will only be formed when we send you confirmation in accordance with this clause 4.2. 

4.4 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 on the same day if the order is confirmed before 4:00pm. Otherwise, we will sent the kit on the next working day (i.e. Saturday & Sunday not included).

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 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. Cancellations and Returns

6.1 A Contract may be cancelled by you at any time prior to dispatch of the Kit for a full refund of the price paid for the Kit in accordance with our refund policy set out at clause 9 below.

6.2 Subject to earlier cancellation in accordance with clause 6.1, as you are contracting as a consumer, you may cancel a Contract relating to the Services at any time within fourteen working days of receipt, beginning on the day after you receive the Kit. There is an admin fee as some parts of the kit are not reusable. The admin fee is £20.

6.3 Where a Contract is cancelled in accordance with clause 6.1, you must not use the Kit and you must return the Kit in its original and unopened packaging as soon as reasonably practicable, at your own cost.  You have a legal obligation to take reasonable care of the Kit while it is in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.

6.4 You may cancel or rearrange a Contract relating to a Virtual Appointment at no cost.

6.5 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 submitting a sample, you must fill the collection device to the indicated line. If you do not provide an adequate sample, you will not receive a result. You will find within the Product a simple step-by-step process to ensure you take the Sample correctly and place it in the Product. You will then place the Product with the Sample in it, into a prepaid envelope and post them back immediately to the Accredited Laboratory.

7.3 When booking a Virtual Appointment or ordering a Kit it is your responsibility to provide the correct information regarding the incubation period for the tests you have ordered or any relevant information regarding any other recent healthcare tests.  If you do not provide the correct information we are not obliged to refund any payment to you, if the clinician subsequently refuses to perform the test or you change your mind.

7.4 When booking a Virtual Appointment you accept that it is your responsibility to attend the Virtual Appointment at the time and on the date specified in the Order Confirmation and to comply with any instructions provided to you at that time.

7.5 When you Book a Clinic Appointment or Order a Kit, 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 Clarewell Clinics 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.

7.6 Failure to comply with the provisions of clause 7.1, 7.2 and 7.3 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.

7.7   If you book any appointment with Clarewell Clinics you are consenting to the sample collection procedure associated with that test or tests and the performance of those tests in any laboratory.  This testing may include testing your sample for HIV and other pathogens in case of a needle stick injury or other event which might put anyone handling your sample at risk.

7.8    If there is an emergency during phlebotomy such as (but not limited to) you feeling unwell or fainting, then we would call an emergency service and would need to disclose to them such details as they request about the circumstances.

7.9    We reserve the right to refuse to process a Kit returned to us for processing if such Kit is not received within 3 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 unmistakable 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 Order Confirmation.

9. Our Refunds Policy

9.1 If you return a Kit to us because you have cancelled the Contract in accordance with the provisions of clause 6 above, we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you gave notice of cancellation. In this case, we will refund the price of the Service in full (subject to any deductions permitted in accordance with these Terms) along with any applicable delivery charges. However, you will be responsible for the cost of returning the item to us.

9.2 Failure to provide a blood sample will entitle you to a partial refund for the tests that require the blood sample, with a £10 admin fee. This only holds if you do not send a blood sample to the lab.

9.3 Failure to provide urine and swab samples will not entitle you for a refund for the tests that require the urine and swab samples. This only holds if you do not send a blood sample to the lab.

9.4 We will usually refund any money received from you using the same method originally used by you to pay for your purchase. This only holds if you do not send a blood sample to the lab.

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 our liability.

10.2.6 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOSS OF DATA, LOSS OF REPUTATION, LOSS OF PROFITS, LOSS OF EMOTIONAL WELL-BEING CAUSED BY THE TEST INFORMATION, OR ANY LOSSES INCURRED BY ANY THIRD PARTY, ARISING FROM OR RELATING TO THE PRODUCTS OR SERVICES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

10.2.7 In no event will our total cumulative liability arising from or in relation to the products, whether in contract or tort or otherwise, exceed 100% of the amount paid by you for the Products and Services.

10.2.8 We shall not be obliged to provide the Services where you have failed to follow the instructions in relation to the ordering, use of the Products, providing a Sample, and returning the Sample to the Laboratory within 12 hours in compliance with these Conditions.

10.3 By proceeding with any test you are formally providing your informed consent to undergo a HIV, STI and/or STD 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, and if making a telephone booking, have discussed with your Clarewell Clinics booking advisor all details and information relevant to the choice of tests you are requesting. 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 you should book a virtual consultation for further guidance.

10.5 Any further appointment 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.

10.6   All data on an anonymous basis including, but not limited to: age, gender, location, tests and the results of the test remains the property of Clarewell Clinics.

10.7 The provisions of this clause 10 in their entirety shall survive the expiry or termination of this Agreement.

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.

12. NOTICES

All notices given by you to us must be given to Clarewell Clinics at info@clarewellclinics.co.uk. 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 disaster;

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. WAIVER

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.

16. SEVERABILITY

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 in them.

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 Services).

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 non-contractual 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 and Wales.

19.2 Accepting these terms and conditions means you have accepted them in the English Language.20. DefinitionsAccount means the account held by us in your name and which holds the information submitted by you to us;

Accredited Laboratory means the laboratory(ies) that we may select as our testing services provider at any time; which laboratory will be CPA (clinical pathology accreditation), INAB, CLIA approved or CAP accredited;

Content means any item, data, material, information, software, images, photos, advertisements, trade mark or Services mark, sounds, videos, marks, expressions, views or opinions, which appear on the Site;

Helpline means the online submission page, which can be used by a user to submit queries; 

Intellectual Property Rights means for the purposes of these Terms, trade marks, Services marks, trade and business names, domain names, rights in designs, patents, copyrights, database rights, moral rights and rights in know how and other intellectual property rights in each case whether registered or unregistered and including applications for the grant of the foregoing and all rights or forms of protection having equivalent effect to any of the foregoing, which may subsist anywhere in the world;

Order means an offer by a user to purchase Services and one or more Products from us;

Password means a unique letter number combination being at least eight digits long, required to access and use the Site and the Services;

Privacy Statement or Policy means the privacy statement referred to on the Site;

Product means a kit which enables you to take and store a blood sample in it, or to store a urine sample in it, or to take and store a swab sample in it, as sold by us;

Services means testing the Sample that you send to the Accredited Laboratory, and providing you with the Test Information;

Us or We means the Company (Mulchand UK Limited);

Viruses “virus” or “worm”, “Trojan horse”, “trap door”, “Software Switch”, “time” or “logic bomb”, “disabling code” or “routines”, or “expiration dates”;

You or you means the user of the Site.

Any reference express or implied to a law in these Terms, includes: (i) references to that law as amended, extended or applied by or under any other law, before or after the date of these Terms; (ii) references to any law which that law re-enacts, with or without modification; and (iii) references to any sub-ordinate legislation made before or after the date of this Agreement under any law including one within (i) or (ii).Contact usIf you have any concerns about material which appears on our Site, please contact us at:

Address: Clarewell Clinics, 40 Hylton Street, Jewellery Quarter, B18 6HN

Tel: 0121 392 2470

E-Mail: virtualcare@clarewellclinics.co.uk