These are the terms and conditions (“Terms of Sale”) on which we supply Products and Services to you on www.iplaysafe.app (“Site”) and the iPlaySafe App mobile application (“App”). Please read these terms carefully before you submit your order to us. If you do not agree with any of these Terms do not purchase the Products or Services. You must be 18 years and over to use our Products and Services.
Information about us and how to contact us. We are eWellness Limited trading as iPlaySafe App (“we, us, our”) a company registered in England and Wales. Our company registration number is 12346871 and our registered office is at PO 976, Richmond Upon Thames, TW9 9JH. Our registered VAT number is GB343159213
You can contact us by emailing our customer service team at at firstname.lastname@example.org or writing to us at PO 976, Richmond Upon Thames, TW9 9JH.
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. "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
Information required for your order and Acceptance of your order. To purchase a Product from us, you must provide us with certain personal information in order to deliver your Product. To use the Product to obtain the Services, you must download our App and create an Account and confirm that we may provide the Test Results to you through our App.
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 and we will collect the purchase price, applicable taxes and delivery fee from your selected payment method accepted by us. Please review your invoice immediately upon receipt and contact us in the event of an error as no refunds can be issued once your Order is processed other than in accordance with your rights to cancel set out below.
If we are unable to accept your order, we will inform you of this in writing and will not charge you for the Product. This might be because the Product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the Product or because we are unable to meet a delivery deadline. If your payment cannot be verified or is invalid, then we may also not be able to accept your order.
We only sell to certain countries. Currently our Site and App is solely for the sale of Products and Services in England, Scotland and Wales. Unfortunately, we do not accept orders to deliver to addresses outside these countries. We do not currently sell products to residents of Northern Ireland.
Our Products and Services
Products and Packaging may vary slightly from their pictures. The images of the Products on our Site and App are for illustrative purposes only. Although we have made every effort to display the components accurately, we cannot guarantee that the display of the components or colours accurately reflects the exact version of the Products you will receive. The leaflet and packaging of the Product may vary from that shown in images on our Site or App.
Minor changes to the Products and Services. We may change the Product and Services to reflect changes in relevant laws and requirements in testing processes and to implement minor technical adjustments and improvements. If these changes will affect your use of the Product or Services, we will let you know.
Product valid for six months only.
Individual components of your iPlaySafe Test Kit have their own validity periods and the Test Kit will expire at the nearest expiration of a single component. Our Test Kits will be valid for use for a maximum of 6 months from the date of purchase. You should purchase your Test Kit for immediate use.
Updates to Our App. We may update or require you to update your mobile application required in order to receive the Services, provided that the purposes shall always match the description of that we provided to you before you bought it.
We may update or require you to update your mobile application required in order to receive the Services, provided that the purposes shall always match the description of that we provided to you before you bought it.
We do not provide medical advice or treatment. The information provided through our Site and App, together with the Test Results is not a substitute for professional medical advice and you should always seek the advice of your doctor or other registered healthcare professional with any concerns or questions regarding the status of your health or for any medical advice or counselling. If you require immediate health attention please call your emergency services. We are unable to provide medical advice or consultation regarding your health or any Test Results so please do not ask or share information with us by email or otherwise. We may in our sole discretion provide a link to an independent source of professional medical advice through a third party registered health practitioner to help guide you to your next course of action such as contacting your doctor or visiting a Genitourinary Medicine (GUM) clinic however the views of any such practitioner shall be their own and not ours and we will not be responsible for their advice. Use of this third party service is entirely at your own discretion.
Before using our Product, please read all instructions carefully and consider your best course of action. Notwithstanding any Product and Service descriptions, you acknowledge that you have not relied upon any advice from us in terms of Product suitability or other medical issues.
Samples for Testing . By returning your Samples to our Affiliated Laboratory you indicate you 1) have read and understood the process for testing your Samples, 2) consent to undergo the test for which you have submitted Samples, and 3) understand how to review and share your Test Results as set out herein.
Due to the nature of the tests being performed, we cannot guarantee the tests performed or Test Results provided as part of the Services will be 100% accurate. Sexually transmitted infections may remain undetectable for varying periods of time due to varying incubation periods (described below). Repeat or confirmatory testing may be required. If you are unsure or if you require any further information, you agree to contact a registered healthcare professional for further information.
Similarly we cannot guarantee the Status you may receive from another User as part of the Services, nor can we assume any liability for the accuracy, origin or authenticity of any Test Results sent or received between Users.
Test Results are for screening purposes and do not constitute a definitive diagnosis. As with all screening tests, in a small number of cases there can be incidences of false-positive and false-negative results. For example, a person with a negative ‘non-reactive’ or ‘not detected’ result could actually have a condition despite the Test Result, or a person with a ‘positive’, ‘reactive’ or ‘detected’ test could be free from a condition even though Test Results indicated they do have such condition. All positive, reactive or detected results must be verified by a physician or other registered healthcare professional through a confirmatory (diagnostic) test.
You acknowledge any Test Results do not constitute a definitive result. Detected or reactive results do not constitute a definitive diagnosis and further testing will be required from your physician or other registered healthcare professional. Furthermore, if Test Results are normal, but symptoms remain you should be examined by your physician or other registered healthcare professional.
You acknowledge that any Test Results with a 'reactive' or 'positive' information for a contagious disease such as, but not limited to, sexually transmitted infections, may mean you could put your sexual partners at risk of exposure and you should:
You acknowledge and agree to the following:
1. To take note of the Incubation Periods, information in relation to which is included in content on the App. Incubation Period means the period of time, from an exposure to an infection to the time an infection becomes symptomatic or detectable within a person's body. Different infections have different Incubation Periods and can take from only a matter of days, to several months or more to become detectable. For example, the HIV virus can take up to 90 days to become detectable (but may be transmissible during that time), while other viruses such as Hepatitis B and Hepatitis C can take up to 180 days to become detectable. Incubation Periods can vary for everyone and it is recommended to retest:
2. To disclose to us honestly and to the best of your knowledge any information that may affect or impact the Test Results such as information needed to process your sample OR the when using the Add-On feature within the share tab of the App
Any failure to comply with your obligations as outlined in these Terms and Conditions of Sale, particularly with regard to re-testing is entirely your responsibility. Furthermore, such failure to comply could put the health of other people at risk, and you could be liable to prosecution for doing so.
Notification of Test Results
You will receive notification by email and within the App when Test Results have been made available to your Account. If your Test Result is ‘non-detected’ or ‘nonreactive’, please refer to the relevant Incubation Periods for your test which is displayed in the Results.
If you have concerns with the Test Results, or if you have ongoing symptoms despite a negative test, you should consult with your physician or another registered healthcare professional or contact email@example.com who will be able to direct you to other sources of support within the scope of the Services.
If you receive Test Results during an Incubation Period , irrespective of the Test Results, you agree to retest either through us or through your physician or other registered medical practitioner once the Incubation Period has passed.
App Account and Activation of Product In order to use the Product and to get the benefit of the Services, you will need to 1) download our App, 2) create an Account and 3) activate the Product on our App. Failure to do so will render your Product invalid as you will not be able to return your Samples and you will not be able to access Test Results.
Submitting your Test Sample. Instructions are provided with the Product which you must follow when collecting your Sample(s) to send to the Affiliated Laboratory. Where a measurement is required of a Sample, you are responsible for ensuring that these measurements are correct. You must provide sufficient quantity Sample, collect Sample in the manner indicated and store and return Sample within the instructed timeframe. Failure to do so may result in a delay in getting Test Results, or inaccurate, unreadable or unreliable readings of your Sample. You can find information and instructions on the instructions leaflet or on our App.
Price. Unless stated otherwise, the prices listed for the Products include the cost for both Product and Services associated with using that Product including delivery of Product to you. For example, if you purchase an iPlaySafe Box, the cost will include the iPlaySafe Test-Kit, the return of the Samples from You to the Affiliated Laboratory and the Test Results being made available to you via our App. The price of the Product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the Product advised to you is correct.
Mistake in price. It is always possible that, despite our best efforts, some of the Products we sell may be incorrectly priced. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any Products provided to you.
It is always possible that, despite our best efforts, some of the Products we sell may be incorrectly priced. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any Products provided to you.
Delivery costs. The costs of shipping the Product to you will be displayed separately where applicable.
Delivery. During the order process we will let you know when we will provide the Products to you, this will normally be within two business days of the date you placed the order. Deliver times may vary. Please also ensure you select the correct delivery address during the order as we are unable to amend this after order confirmation.
We are not responsible for delays outside our control. Time shall never be of the essence with regards to the delivery of our Products or Services. Delivery times shall always be approximate. If our supply of the Products or Services 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.
Ownership and Responsibility for Product. You own a Product when we have received payment in full. A Product will be your responsibility from the time we deliver the Product to the address you gave us. Additionally you assume liability for the safe storage, use, and disposal of all items contained within the testing kit. This includes needles intended to facilitate blood sampling which could be harmful to yourself or others if not handled and stored as intended and recommended. Used and unused testing kits should never be stored within reach of children or vulnerable adults.
Problem with the Product. If you receive a wrong or damaged or faulty Product, or certain components are missing from the Product, please contact us within seven days of receipt of the Product in order for us to determine the best course of action for you which may be for a replacement Product to be sent to you at no additional cost (or a refund in accordance with your rights).
Cancellation Rights. You have the right to cancel the contract for the purchase of the Product starting from the date you place the order, whether you have received the Product or not. You have fourteen days in which to return the Product from the date you receive it. Please contact us in writing using the title ‘Contract Cancellation’ as a subject header and provide your details. If we request the return of the Product, you will be responsible for the return delivery cost and we will deduct this from your refund. If you have received the Products, please do not open them as they have been sealed for hygiene and health protection. The right to cancel an order does not apply to Products that you have opened and where the seal on the Test Kit has been broken.
How we will refund you. We will refund you the price you paid for the Products as soon as possible by the method you used for payment. However, we may make deductions from the price for delivery depending on the reason and timing for the refund. The refund will always be made to the person who purchased the Product.
Our rights to end the contract
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 and for defective products under the Consumer Protection Act 1987.
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 Results, 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. Our total cumulative liability arising from or in relation to purchasing our Products and using our Services, whether in contract or tort or otherwise, shall be capped at 100% of the amount paid by you for the Product.
We shall not be in breach of any of these terms and conditions caused by your failure, (or the failure of another User), to observe any of your obligations or undertakings contained herein.
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 opportunity.
No right of resell. You agree not to use the Products or Services for resale in any way.
We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. If you are unhappy with the transfer you may contact us to end the contract within fourteen days of us telling you about it and we will refund you any payments you have made in advance for products not provided.
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.
If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
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 products, we can still require you to make the payment at a later date.
Governing laws and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts.
Account means the account registered through the App by a User required in order to use and benefit from the Services.
Affiliated Laboratory means a pathology laboratory or laboratories We have contracted with to act as our medical testing service provider.
Incubation Period means the period of time, from an exposure to an infection to the time an infection becomes symptomatic or detectable within a person's body. Different infections have different Incubation Periods and can take from only a matter of days, to several months or more to become detectable. For example, the HIV virus can take up to 90 days to become detectable (but may be transmissible during that time), while other viruses such as Hepatitis B and Hepatitis C can take up to 180 days to become detectable. Incubation Periods can vary for everyone.
Product(s) means at-home medical testing kits also known as “Test Kits” sold by Us and purchased by you to use to collect a Sample for detection of sexually transmittable infections.
Sample(s) means a sample of saliva, blood, urine or stool provided by you in accordance with the Product instructions.
Services means Sample testing services using the Products.
Status means Test Results summary as shared between Users.
Test Results means the results from the Affiliated Laboratory of the Sample communicated to you by Us via the App.
User(s) means any user with a registered Account on the App.