Terms & Conditions

These Terms and Conditions apply to all sales of Goods and/or Services by Mitmark Health Limited of 11 Greek Street, Soho, London, W1D 4DJ: 13576416 (hereafter “Mitmark Health”).

These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. 

Please read and accept these Terms before using our services. By accessing or using any part of our website, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.  

Any updated features or tools which are added to the current booking platform shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. 

When you submit an order for Goods and/or Services, you will be deemed to accept these Terms and Conditions. If you are placing an order for and on behalf of your company or organisation you are confirming that: Your company or organization agrees to these Terms and Conditions; and you are authorized to place the order and agree to these Terms and Conditions on its behalf, and that you are not exceeding your authority. 

I confirm the following statements are true and accurate: 

• I am 18 years old or above 
• I am using this service on my own behalf and of my own free will and any treatment or advice is for my sole use only 
• I will not use this service if I need help filling out this form, reading or understanding this consultation 
• I fully understand all the questions and information provided. If I am unsure about any aspect of the service, I will contact Mitmark Health before proceeding 
• I understand my test results may be shared with Public Health England or other research bodies gathering data on Covid-19 

• I have read, understand, and agree to the latest terms and conditions and privacy policy and that my personal data will be stored by authorised third parties 

Obligations of the Customer:

• It is the sole responsibility of the customer to ensure that the test is compatible with the requirements of the airlines used, and or the country they are travelling to.
• It is the sole responsibility of the customer to ensure that the test is done within the required timeframe for the country they are traveling to.

Obligations of Mitmark Health:

• Mitmark Health endeavours to provide you with access to our website at https://mitmark-health.com/ (we refer to this website as our “Website”) throughout these terms), which allows you to book and pay for your test online.
• Mitmark endeavours to provide In Person Testing (where you have booked for us to carry out one of our tests for you at our test centre or at a location chosen by you).
• Mitmark endeavours to provide Home Testing Kits (where you have ordered an at home testing kit that you administer yourself) including:  Lateral Flow Tests (at home, self-administered lateral flow tests that require you to upload your results to be verified via a form on our Website). Delivering the kit to you or providing you with the option to click and collect; and Lab Home PCR Tests (at home, self-administered PCR tests that require your sample to be tested in our laboratories). Delivering the kit to you and providing the services to you as described above.
• Mitmark Health endeavours to analyse your sample and return a result, however, anomalies can occur during the laboratories analysis. Mitmark Health will endeavour to identify and correct such issues.
• Mitmark Health will not be liable for any delays in the testing and analysis process that is outside of their control.

Liability:

The extent of the parties’ liability under or in connection with the Contract (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) shall be as set out in this clause.   

Nothing in these Terms and Conditions shall exclude or limit the liability of either party in respect of any of the following:  

• death or personal injury caused by negligence; or  
• fraud or fraudulent misrepresentation; or   
• any indemnity given; or  
• any other losses which cannot be excluded or limited by law. 
• In particular, we are not responsible for: 
• loss or damage caused by you providing inaccurate or incomplete information; 
• loss of your emotional well-being including, but not limited to, any embarrassment caused; 
• loss of income or anticipated profits; 
• loss of opportunity; 
• loss of goodwill or injury to reputation; 
• losses suffered by third parties; or 
• any indirect, consequential, special or exemplary damages arising from the use of the service regardless of the form of action. 

Nothing in these Terms and Conditions excludes or limits our liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation. Nothing in these Terms and Conditions affects your statutory rights. 

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 provision of services is covered by Mitmark Health’s Privacy Policy.

Force Majeure:

Mitmark Health 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.

Waiver:  

No failure or delay by Mitmark Health to exercise any right or remedy provided under these Terms and Conditions or by law shall not be deemed a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy. 

Governing Laws and Jurisdiction:

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

Entire Agreement:

These Terms and Conditions and the Order constitute the whole agreement, between the parties and supersede any previous arrangement, understanding, assurances, warranties, representations and understandings between them relating to its subject matter. 

Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Condition

Changes to these Terms and Conditions:

Mitmark Health reserves the right to make changes to these Terms and Conditions at any time. Any amended Terms and Conditions shall be effective from the date specified on the amended Terms and Conditions.  

Severance:

If any provision (or part provision) of these Terms and Conditions is or becomes invalid, void, unenforceable or illegal, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part provision shall be deemed deleted. Any modification to or deletion of a provision or part provision under this Clause will not affect the validity and enforceability of the rest of the Contract.  

Third Party Rights:

The Contracts (Rights of Third Parties) Act 1999 shall not apply in relation to these Terms and Conditions.