These Terms, together with the documents referred to in them, set out the terms and conditions on which Better2Know Limited supplies the HIV, STI and STD private clinic or collection centre testing services for human immunodeficiency virus (“HIV”), sexually transmitted infections (“STI”), and sexually transmitted diseases (“STD”) (“Testing Appointments”) and the home HIV, STI, and STD testing kits ( together the “Services") to you. Further information about the Services is available on our websites www.better2know.com, www.better2know.com.au and their subdomains (“Sites”).
In these Terms, references to as “we”, “us” and “our” are references to Better2Know Limited, or to any sub-contractor appointed by Better2Know Limited in its absolute discretion.
Please read these Terms carefully before ordering any Services from our Sites. By placing an order for any of our Services, you agree to be bound by these Terms.
You may print a copy of these Terms for future reference, but should be aware that our terms and conditions may change from time to time, and we reserve the right to amend or replace these Terms without prior notice to you. These Terms are to be considered correct only when viewed online, and when written in English.
In order to purchase Services through our Sites, you are required to accept these Terms by clicking the “Click to confirm you agree to our terms and conditions” button appearing on our Sites. If you refuse to accept these Terms, you will be unable to order any Service from our Sites.
1. INFORMATION ABOUT US
1.1 We are Better2Know International Limited, a company registered in England and Wales under company number 09113180 and with our registered office at PO Box 45, Carnforth, Lancashire, LA6 2WA, United Kingdom.
2. SERVICE AVAILABILITY
2.1 Our Sites are only intended for use by people resident in or visiting Australia. We do not have to accept orders for the Services from individuals outside of Australia.
2.2 Any Services to be provided to you by way of a Testing Appointment shall be performed by an organisation appointed by us as our sub-contractor.
2.3 Any samples provided by you in accordance with the Services shall be submitted to our contracted laboratory in Australia 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:
(a) you are legally capable of entering into binding contracts; and
(b) you are at least 18 years old.
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1 After placing an order for a Testing Appointment via our Sites, you can choose to receive an e-mail from us acknowledging that we have received your order. If you place your order for a Testing 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 on-line for a Testing Appointment, once an appointment has been made for you at the time, date and clinic and or collection centre that you have chosen, that order will be accepted by us and you will be subject to our normal cancellation policy, which is set out at clause 5 below.
4.3 We give no undertaking as to the availability of products or services advertised on the Sites. All orders are subject to acceptance by us, and we will confirm such acceptance to you 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”). A contract for the provision of the Services (the “Contract”) will only be formed between us when we send you an Order Confirmation. If we reject your offer to purchase the Services for any reason, neither of us will be under any further liability to the other arising out of your original offer or our non-acceptance of that offer.
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. We reserve the right to reasonably delay or extend the time for performance of any of our obligations under these Terms or any Contract. You will be informed in your Order Confirmation, or as soon as reasonably practicable if the time for performance is altered by us, of any Services which will require an alternative delivery or appointment date (as appropriate).
5.1 You may rearrange a Testing Appointment free of charge, provided you give 48 hours’ notice or more in writing to us. If you wish to rearrange a Testing Appointment on less than 48 hours’ notice, we will charge an administration fee of $50.00.
5.2 You may cancel a Testing Appointment by giving 48 hours’ notice or more in writing to us. On receipt of such notice we will reimburse the credit/debit card used to pay the Testing Appointment fee, less an administration fee of $50.00.
5.3 If you cancel a Testing Appointment by giving us less than 48 hours’ notice, we will not be obliged to refund any of the Testing Appointment fee.
5.4 If you cancel a Testing Appointment that has already been rearranged, we are under no obligation to refund any payment to you.
5.5 Where a Testing Appointment is paid for by a means other than credit or debit card payments, we shall not be obliged to refund any payment made by you in relation to the Testing Appointment regardless of when the notice is received.
6. YOUR OBLIGATIONS
6.1 When booking a Testing Appointment, 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 doctor subsequently refuses to perform the test or you change your mind.
6.2 When booking a Testing Appointment, you accept that it is your responsibility to attend the location of your Testing 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.
6.3 In the event that the Service results are not accurate, or the Services need to be provided again due to your failure to comply with the requirements of clause 6.1 and 6.2, you will not be entitled to a refund of any price paid for the Services.
6.4 If your Testing Appointment booking entitles you to a consultation with a doctor once you have your results at no further charge, you must make a request for such a consultation in writing within 30 days of the original Testing Appointment. Otherwise, you be charged a fee for a doctor's consultation in the usual course.
7. COLLECTION OF PERSONAL AND MEDICAL INFORMATION
7.2 If you order any Services, you hereby consent to the sample collection procedure associated with those Services, and the performance of any required tests in any laboratory, including HIV, STI and/or other STD testing.
7.4 You further consent that in the event of an event of the kind described in clause 7.3 above occurs, the results of any additional tests undertaken may be shared so as to ensure anyone affected can receive appropriate advice and treatment. You can withdraw that consent at any point up to when your sample is collected, and our normal refund and cancellation policy will apply.
7.5 In the event that a medical emergency (for example nausea, fainting etc.) arises while we are providing any Services to you, you consent to the disclosure of your personal and medical information to emergency services to the extent they are required for your emergency treatment.
7.6 When you Book a Clinic Appointment 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 Better2Know 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.
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 GST is generally not payable in respect of the Services. In the event that GST becomes payable on any the purchase of any goods or services we provide you, you agree to pay the GST.
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 possible that, despite our best efforts, some of the Services listed on our Sites may be incorrectly priced. We endeavour to verify prices as part of our Order Confirmation 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 Notwithstanding clause 8.4 above, you acknowledge that despite our reasonable precautions, the Services may be listed at an incorrect price or with incorrect information due to a typographical error or like oversight. In these circumstances, we reserve the right to cancel Orders, notwithstanding that your order has been confirmed and your credit card has been charged. We reserve this right up until the time of delivery of the Services to you. If a cancellation of this nature occurs after your credit card has been charged for the purchase, we will refund the amount of the charge to your credit card account.
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.
8.7 We may in our sole discretion offer you a discount from time to time on the price of our Services when your order comprises of two or more Services. Please note that Services ordered separately will not be eligible for this discount.
9. OUR REFUND PROCESS
9.1 In the event that you become eligible for a refund, we will endeavour to process the refund using the same method originally used by you to pay for your purchase.
10.1 Nothing in these Terms will be construed as excluding, restricting or modifying any Consumer Guarantee. Subject to that:
(a) we do not accept responsibility for any loss damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of the Services or the Sites, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through the Sites;
(b) any condition, warranty, right or liability which would otherwise be implied in these Terms is excluded; and
(c) except in relation to liability for personal injury (including sickness and death), we do not accept liability to you in respect of any loss or damage (including indirect, special or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of goods or services supplied pursuant to or in any way connected with these Terms or respect of any failure or omission on our part to comply with our obligations as set out in these Terms.
10.2 You acknowledge that:
(a) before entering into these Terms you have been given a reasonable opportunity to examine and satisfy yourself regarding the Services which are the subject of these Terms and that before entering into these Terms you have availed yourself of that opportunity;
(b) before entering into these Terms you have been given a reasonable opportunity to examine and satisfy yourself regarding the Services which are the subject of these Terms and that before entering into these Terms you have availed yourself of that opportunity; and
(c) at no time before entering into these Terms have you relied on our skill or judgment and that it would be unreasonable for you to do so.
10.3 The application of the United Nations Convention on Contracts for the International Sale of Goods (the Vienna Convention) to these terms and conditions (by virtue of any law relevant to these terms and conditions) is excluded.
10.4 Pursuant to s 64A of the Australian Consumer Law (under the Competition and Consumer Act 2010 (Cth)):
(a) this sub-clause applies in respect of any of the goods or services supplied under these Terms which are not of a kind ordinarily acquired for personal, domestic or household use or consumption, provided that this sub-clause will not apply if you establish that reliance on it would not be fair and reasonable;
(b) liability for breach of a guarantee conferred by the Australian Consumer Law (under the Competition and Consumer Act 2010 (Cth)), other than those conferred by ss 51–53 of that Law, is limited:
(i) in the case of goods, to any one of the following as determined by us:
(ii) the replacement of the goods or the supply of equivalent goods; or
(iii) the repair of the goods; or
(iv) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(v) the payment of the cost of having the goods repaired;
(c) in the case of services, to any one of the following as determined by us:
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again.
10.5 You agree that your use of the Services is at your sole risk. Although we endeavour to ensure all tests associated with the Services are 90% accurate or more, we make no warranties about the accuracy of any test performed as part of the Services.
10.6 You confirm that you have read the information provided on our Sites, and if making a telephone booking, have discussed with your Better2Know booking advisor all details and information relevant to the choice of tests you are requesting.
10.7 You 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 consult with your own medical practitioner, or contact a member of our team who will be able to arrange a further appointment for you.
10.8 Any further appointment required in accordance with clause 10.7 may be subject to an additional fee, of which you will be made aware of at the time of booking.
10.9 All anonymous data including, but not limited to: age, gender, location, tests and the results of the test remains the property of Better2Know.
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 Sites. 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.
All notices given by you to us must be given to Better2Know at info@Better2Know.com. 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 10 above. Notice will be deemed received and properly served immediately when posted on our Sites, 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 These Terms are a contract between you and us and are binding on you and us and on our respective successors and assignees.
13.2 You may not transfer, assign, charge or otherwise dispose of any of your rights or obligations arising under these Terms, without our prior written consent.
13.3 We may transfer, assign, charge, sub-contract or otherwise dispose of 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 these Terms 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:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks; and
(f) the acts, decrees, legislation, regulations or restrictions of any government.
14.3 our performance under these Terms 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.
15.1 If we fail, at any time to insist upon strict performance of any of your obligations under these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under these Terms, 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 will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 11 above.
16.1 If any of these Terms 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 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 these Terms.
17.2 We each acknowledge that, in entering into these Terms, 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 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
18.1 We have the right to revise and amend these Terms 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 any Services from us, unless any change to those policies or these Terms 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 before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to our 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 These Terms 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 these Terms (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.