Skyway Testing Limited – Terms & Conditions
- The service
Skyway testing Limited, a company incorporated in England and Wales with a registered number 13595875, hereafter referred to as ‘Skyway’ or ‘we’ or ‘us’. Skyway supply the sample kits to undertake ‘home use’ Covid 19 related Fit to Fly, Rapid antigen testing for travel purposes. By placing an order through our website, you agree to use our services in accordance with these Terms and Conditions. You may not use our services if you do not accept these Terms and Conditions. Please note you will be asked to agree to these Terms and Conditions prior to completing your order. The test results made available in this service are not intended to replace medical advice, nor should they be used as a full diagnosis, or to prescribe medication without consulting an appropriate medical professional. If you have any queries regarding undertaking a test or consider that you may have a condition that could be impacted by the testing programme you are advised to seek advice from a healthcare professional beforehand.
- Placement of orders
By completing the registration and order form on our website, you are placing an order with us for the testing kits described. We are only able to accept orders that are delivered to addresses in the United Kingdom. If we are unable to accept or fulfil your order, we will inform you of this and will not charge you for your order. Examples of why we may not accept an order include because we or the manufacturer have insufficient stock to fulfil your request, because of unexpected limits on our resources which we could not reasonably have foreseen, the Government or a regulatory body request that we cease providing Covid tests, we cannot obtain authorisation for payment or because we are unable to meet a delivery deadline you have specified. If we have to cancel an order the limit on our liability shall be to notify you and refund your order value within 14 days.
- Price and Payment
The price for the kits is as stipulated on the website. This price includes VAT at the standard rate. We accept all card payment types offered at our online checkout. By placing an order through our website, you confirm that all payment and personal details provided are accurate and valid. All payments by credit card or debit card will need to be authorised by the relevant card issuer. Your credit card or debit card will be charged when the purchase is made at checkout. We will do all that we reasonably can to ensure that all of the information you give us when paying for the testing kits is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, any failure by us to comply with this agreement or our Data Privacy Notice or breach by us of our duties under applicable laws we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.
Your rights to make changes
- Right to make changes
If you wish to make a change to your order, please contact us via the ‘contact us’ page on the website as soon as possible. If your request is possible, we will let you know about any changes to the price of the tests, timing of the dispatch of the tests or anything else which may be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. We may need to charge an administration fee in order to make changes. If we cannot make the change requested, or the consequences of making the change are unacceptable to you, you may want to terminate our agreement. Please see the section on Refunds below. Our rights to make changes
We may change the test kits or testing methodology to reflect changes in relevant laws and regulatory requirements that are issued to us from time to time. We may have to make a change to implement minor technical adjustments and improvements, for example changes to the questions asked on our website These changes will not affect your use of the covid tests.
If you cancel your home test kit order, and we have not yet dispatched your order, and you will receive a refund less an administrative fee. If you have evidence that your flight has changed or been cancelled and wish to cancel your order, if we have not dispatched the kits, your order will be cancelled, and you will receive a refund less an administrative fee. If we have dispatched your kit already, we will not be able to issue a refund. Due to the nature of the tests and the impact of contamination, if we have dispatched your kit, and you wish to cancel your order for any other reason, we are not able to issue a refund for any tests. Please note that refunds will be at the sole discretion of Skyway and without any liability or prejudice to its rights.
- Damaged / missing kits
If you receive a damaged or defective kit, please notify us via the ‘contact us’ page on our website as soon as possible. Please ensure that you keep all the packaging material, the actual container and the broken items and provide it to us on request and at our expense, in order to complete the investigation. If the investigation confirms the kit to be damaged or defective, we will provide you with a replacement kit. If you are missing any items from your order, please notify us via the ‘contact us’ page on the website as soon as possible. We will provide you with either a replacement of the missing items or a full replacement kit. If you do not report damaged and/or missing items in your order within 3 days of receiving the kit, to ensure you are able to undertake the test in the designated timeframe, we will not be able to issue replacements or process a refund.
- Postage and Delayed postage
All of our test kits are sent using the Royal Mail Tracked 24 service. Skyway does not accept any liability for delayed or lost kits. We use the Royal Mail tracker service so you can both track your order once dispatched but also then make a claim from the Royal Mail if a parcel is lost in transit.
- Undeliverable orders
Any orders that are returned to us as non-deliverable or refused by the named receiver will not be refunded, although we will endeavour to dispatch it to you again.
Nothing in these Terms and Conditions excludes the liability of Skyway for death or personal injury caused by our negligence, fraud, or fraudulent misrepresentation. Skyway will not be liable for any error or defect in the test result as a result of any inaccurate or incomplete information supplied by you. Skyway shall have no liability for any use made of the information provided in the test result, any decisions taken, or for any costs incurred by you or a physician/other healthcare provider or any third party in consequence of such use, advice, or decisions. Skyway will not be liable for any loss of data or materials arising as a result of the acts or omissions of the postal or courier service or any other delivery service used to transport the testing kit to you. Skyway will not be liable to you for any direct or indirect consequential loss including of profit, loss of business, loss of opportunity, loss of goodwill, or any claims for compensation, travel or holiday costs, any punitive, special, incidental, or consequential damages, which may arise out of, or in connection with the use of the testing services provided by Skyway. Total liability to you in respect of all losses arising under or in connection with these Terms and Conditions, whether in contract, tort, or otherwise, shall in no circumstances exceed the fees paid for the single test by you, that is the subject of the claim.
- Test results
The procedure for the test employs a validated methodology in accordance with the performance criteria set by Public Health England. This means that the results have a very high accuracy rate, however, false-negative and false positive results may occur in a small number of cases due to, for example, improper sample collection or contamination. We cannot be liable for the accuracy of the test result if you have not undertaken the test in accordance with the user instructions included in the pack, or have failed to complete the requested information correctly.
- Data Protection
We are committed to ensuring the privacy and confidentiality of the information we hold of users of our website or utilising our testing kit service. We take data protection very seriously and have put in place security and technical measures to protect any information you share with us. We will only collect personal data such as name, address, telephone number or e-mail address if you provide this information voluntarily, for example, when completing an order for test kits or using the ‘contact us’ section of the website. Payment information will only be collected by our secure third party partner, Stripe, if you give it voluntarily, to complete your order. Covid19 is officially considered a ‘notifiable disease’ and so all positive test results must be reported to the proper officer of the local authority, according to Public Health (Control of Disease) Act 1984 and the Health Protection (Notification) Regulations 2010. Accordingly, if your test is a positive result it will be reported automatically to the relevant authority. You have a right to know what information we have processed as part of your utilisation of our service. If you wish to have a copy of these records, this is known as a ‘subject access request’. To request this data please use the ‘contact us’ page on our website and use the words ‘subject access request’ in the subject line so we can action your request within the calendar month timeline. It’s important to us that you read and understand our Data Privacy Notice which details how we collect and utilise your information. You must agree to the Terms and Conditions of our Data Privacy Notice to use our services. By registering your details and placing an order you agree to the Terms and Conditions stated in our Data Privacy Notice.
We wish to provide you with a good service at all times, however if you have any concerns or queries, please raise them via the ‘contact us’ webpages and we will work with you to resolve the issue. You may also request a copy of our Complaints Policy via this method too.
You may stop using the services at any time. You do not need to specifically inform us when you stop using the services.
- Governing law
These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales and each party hereby irrevocably submits to the exclusive jurisdiction of the English Courts.
- Acceptance of the Terms and Conditions
It is a requirement that you accept these Terms and Conditions to use our services. You will be asked to confirm this at various stages from registering, ordering and when making a payment.