Terms and Conditions

Last Updated: October 2021

The following terms and conditions will apply to purchases made by the Customer from the Seller  and they strictly limit and define the parties’ obligations.

Parties to the transaction:

Supplier is My DNA Holdings Limited trading as Proviris Solutions from here on referred to as MDH with business address 18 School Road, Reepham, NR10 4JP. Incorporated in England and Wales with company number 9114828.

Customers are defined as a health professional, clinic, individual or company who is purchasing a product directly from MDH.

The following agreement comprises all the terms between the Customer and Supplier and the Customer shall be deemed to have accepted the following terms and conditions when the Customer has purchased a Product from Supplier directly.

The Customer acknowledges and accepts that it has not relied on any statement, promise or representation made by MDH or given on behalf of MDH, which is not set out in the following terms and conditions.

The Customer acknowledges and accepts use of MDH Services is a legal contract between Customer and MDH. These Terms of Service (“TOS”) along with the Privacy Notice (the “Privacy Notice”) constitute the terms of that legal contract and affect the Customer’s rights and obligations.

Please read these terms carefully before you submit your order to us as once your order is submitted you are deemed to have accepted the Terms.

IMPORTANT: I Have read and understand the Covid-19 Test kit limitations

COVID-19 Antigen Lateral Flow Device Test Limitations

• The COVID-19  Antigen Rapid Lateral Flow Test should be used to detect the presence of viral proteins (antigens) expressed by the COVID-19 virus in a sample from the respiratory tract of a person. It cannot replace the PCR test required by UK government and Public Health to diagnose a positive Covid-19 test.
• The COVID-19 Antigen Rapid Lateral Flow Test will only indicate the presence viral proteins (antigens) expressed by the COVID-19 virus in the specimen and should not be used as the sole criteria for the diagnosis of COVID-19 infections.
• As with all diagnostic tests, all results must be considered alongside any other clinical information available to a health professional.
• If the test result is negative yet clinical symptoms persist, additional follow-up testing using alternative clinical methods is suggested. A negative result at any time does not preclude the possibility of COVID-19 infection.
• People who test positive in the COVID-19 Antigen Rapid Lateral Flow Test will need to get a PCR test to confirm diagnosis and self isolate in the meantime.

COVID-19 Antibody Rapid Test Limitations

• The COVID-19 IgG/IgM Rapid Test Cassette should be used to detect IgG and IgM antibodies to COVID-19. It cannot be used to determine the number of antibodies nor any rise in those numbers.
• The COVID-19 IgG/IgM Rapid Test Cassette will only indicate the presence of IgG and IgM antibodies to COVID-19 in the specimen and should not be used as the sole criteria for the diagnosis of COVID-19 infections.
• As with all diagnostic tests, all results must be considered alongside any other clinical information available to a health professional.
• If the test result is negative yet clinical symptoms persist, additional follow-up testing using alternative clinical methods is suggested. A negative result at any time does not preclude the possibility of COVID-19 infection.

1.1 Definitions and Interpretation:

• Supplier – MDH is the supplier.
• Customer – A health professional, company or individual who has come directly to the MDH’s commercial website https://provirissolutions.com and purchased a Covid-19 Test;
• Test(s) – the tests as described in Clause 2;
• Test Result – the result supplied by the COVID-19 lateral flow test kit, COVID-19 antibody lateral flow test kit and COVID-19 PCR test provided to the Customer.
• Website – the website where the Customer orders and registers their COVID-19 tests is Proviris Solutions with address https://provirissolutions.com

1.2 Any reference in these terms and conditions to any provision of a statute shall include any subsequent amended provision, re-enactment or extended provision relevant at any time.

1.3 The headings in these terms and conditions are for convenience only and shall not affect its interpretation.

1.4 Except as expressly provided elsewhere in these terms and conditions, a person who is not party to this agreement shall not have any rights whether statutory or otherwise to enforce any term of this agreement.

1.5 MDH reserve the right to change these terms and conditions at any time. Any such changes will take effect when posted on the provirissolutions.com website and it is the Customers responsibility to read the terms and the Customer’s continued use of the Product shall signify their acceptance to be bound by the latest terms and conditions.

1.6 If any court or competent authority finds that any provision of the terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of the terms and conditions shall not be affected.

1.7 The Customer’s use of the MDH Services is subject to the terms defined in this TOS. These TOS apply to any use of MDH’s Services, obtained via the Website which include:

1.7.1 The provision of the COVID-19 screening self-collection home test kit.

1.7.2 Sample processing in the accredited laboratory.

1.7.3 Analysing the results for SARS-CoV-2 – the coronavirus that causes COVID-19.

1.7.4 Access to the online platform to interact with MDH’s products and to register the COVID-19 test (the “Website”).

1.7.5 Obtaining Services via the Website.

1.7.6 The provision of account and Service-related support.

1.8  The Customer’s use of the Services is also subject to any applicable terms, policies, and rules required by law that MDH may post or provide links to from time to time and which the Customer will be notified of on the Website. All such applicable terms, policies and rules are considered part of the TOS.

1.9 It is a condition precedent of MDH providing the Customer with any Services that they must be at least 18 years old (“Minimum Legal Age”) to place and order and to register a C OVID-19 test on the Website. Further, it is the Customer’s responsibility to ensure that none of the following criteria applies to anyone that they order Services for:

• • You/they are under the age of 18 and their parents have not given consent to them receiving the Services, or
  • You/they are under the age of 18 and unable to administer the test or other elements of the items supplied with the presence and assistance of at least one parent, guardian, or responsible Adult (over 18), or
  • You/they have been advised that you/they should not undertake the procedures involved in undertaking the Test and other elements of the Services on medical/physical or other grounds, or
  • You/they are potentially incapable of undertaking the test and other Services safely on the grounds of physical or mental impairment without adequate supervision and assistance, or
  • You/they are a person barred from receiving the Services under the laws of the jurisdiction in which you/they are resident or from which you/they use the Services.
  • There is any other reason why you/they, acting reasonably, could conclude it may be unsafe or dangerous for you/them to undertake the Test or other Services.

1.10 By placing an Order for Services with MDH you are warranting to MDH that you are over 18 years of age and none of the above criteria applies to you or anyone you are placing an order for Services.

2.1 Covid-19 Rapid Antigen Lateral Flow Test

2.1.1 The Customer understands that this test is CE marked for Professional use only. The COVID-19 rapid test identifies the body’s response to coronavirus after the onset of infection, and gives a qualitative yes/no result within 15 minutes.

2.1.2 The Customer agrees to read and follow the instructions provided in the test kit in order to provide a nasal swab sample for analysis.

2.1.3 The Customer understands that the Product is for rapid screening and will only provide an overall positive or negative result and will not diagnose Covid-19.

2.2 COVID-19 IgM and IgG Antibody Test Cassette

2.2.1 When the Customer administers a finger prick Antibody test the testing device analyses the blood sample to detect both testing of COVID-19 IgM and IgG antibodies in human finger-prick.

2.2.2 The Customer agrees to read and follow the instruction insert provided in order to provide a blood sample for analysis.

2.2.3 The Customer understands that the Product is for rapid screening and will only provide an overall positive or negative result and will not individually identify each IgM/IgG marker result.

2.3 The Customer agrees that the Product is not designed to diagnose covid-19. Supplier accepts no responsibility for any condition or symptoms that may develop.

2.4 Supplier requests the Customer follows the Government’s national advice relating to any symptoms.

3.1 The price of the Test(s) shall be the price quoted on the MDH website or over the phone of MDH. The order might be subject to delivery charges and all payments shall be made in pounds sterling (£GBP) unless otherwise stated.

3.2 MDH accepts all major debit and credit cards including Visa, MasterCard, Maestro and Delta card payment. The Customer can pay via PayPal and direct bank transfer.

3.3 When MDH are in receipt of a full and correct email address and a paid for order, they will send the Customer an order confirmation by email.

3.4 MDH reserves the right to increase the price of the Products to reflect any increase in the cost to MDH, which is due to any factor beyond the control of MDH and/or any change in delivery dates or quantities which are requested by the Customer.

3.5 The Customer shall pay to MDH the price of the Products prior to delivery. Once cleared funds have been received, MDH shall arrange delivery of the test kit(s).

4.1 All standard delivery and handling charges are shown on the MDH website.

4.2 MDH shall deliver the sample collection kits by post to the Customer upon receipt of cleared funds from the Customer. Orders will be delivered to the shipping address stipulated by the Customer and a minimum of 10 working days from receipt of cleared fund should be allowed for such delivery.

4.3 Any dates quoted for delivery of the sample collection kits are approximate only and MDH shall not be liable for any delay in delivery of these. Times for delivery shall not be of the essence and the sample collection kits may be delivered by MDH in advance of the quoted delivery date.

4.5 It is the express responsibility of the Customer to inspect the test kit immediately upon their delivery. The Customer shall notify MDH within 14 days of delivery in respect of any damage to them, shortfall or incorrect specification being delivered. If the Customer does not notify MDH within 14 days following delivery of the test kit it shall be deemed in accordance with the order placed by the Customer.

4.6 MDH aim to deliver the test kit to the Customer within 14 days of receipt of the Customer order. If MDH is unable to deliver the test kit within 30 days of receipt of the Customer’s order, MDH will contact the Customer and offer the option to cancel the order.

The Customer’s rights to when they end their contract with MDH will depend on what they have bought, whether there is anything wrong with the products, how MDH is performing the services, and at what point in the process the Customer decides to end the contract.

5.1 Exercising right to change their mind.

Under the Consumer Contracts Regulations 2013, for most products bought online the Customer has a legal right to change their mind within 14 days and receive a full refund. The 14-day window begins immediately after MDH email the Customer to confirm they have received the order online.

However, during the 14-day window the Customer does not have the right to change their mind:

(i) if the test kit(s) has been unsealed after delivery.

(ii) if the test kit(s) have been registered online or via email.

(iii) if the Customer has activated /registered the test kit(s) and/or sent their PCR sample to the laboratory for analysis and/or sent the lateral flow results via email to MDH.

(iv) once MDH has completed provisions of the Services including issuing the Passenger Locator Reference number, test result notification and/or test certificate.

5.2 Ending the contract with MDH within the 14-day window.

PCR Fit to Fly, PCR Test to Release and PCR Home Test Kits

i) The Customer has the right to cancel their contract for a PCR Fit to Fly, PCR Test to Release, PCR Day 2, PCR Day 2 & Day 8, PCR Home Test Kit within 14 days and receive a refund less shipping and handling fees which are paid for by MDH. Please note this does not apply if any of the exemptions set out in 5.1 (i) – (iv) have been met.

ii) To end the contract with MDH, please contact the company by email at [email protected]. The Customer must provide their name, email and order number.

iii) Once MDH receives the cancellation request, the Test Kit(s) and issued UK Passenger Locator number will be deactivated immediately and cannot be used at a later date.

iv) Unless otherwise agreed, MDH will not accept returns and will refund the Customer in the manner that MDH received payment from the Customer.

PCR Day 2 and Day 8 Home Test Kits

i) The Customer has the right to cancel their contract for a PCR Day 2 and Day 8 Home Test Kit within 14 days. Please note this does not apply if any of the exemptions set out in 5.1 (i) – (iv) have been met.

ii) Since part of the Service has been delivered immediately after order confirmation in fulfilling the UK Government’s Border Force requirements, MDH will refund the amount paid less £20 to reflect the value of the Services provided at the point of cancellation.

ii) To end the contract with MDH, please contact us by email at [email protected]. Please provide name, email and order number.

iii) Once MDH receives the Customer’s cancellation request, the Test Kit(s) and UK Passenger Locator number(s) will be deactivated immediately and cannot be used at a later date.

iv) Unless otherwise agreed, MDH will not accept returns and will refund the Customer in the manner that they received payment from the Customer.

v) The Customer acknowledges they are following the UK Government and foreign governments COVID-19 travel regulations and are conducting the required arrival tests. Any breaches of the regulations may result in a penalty. MDH are required to report Customer order details and travel information to Public Health England.

Day 2 Antigen Home Test Kits

i) The Customer has the right to cancel their contract for a Day 2 Antigen Home Test Kit within 14 days. Please note this does not apply if any of the exemptions set out in 5.1 (i) – (iv) have been met.

ii) Since part of the Service has been delivered immediately after order confirmation in fulfilling the UK Government’s Border Force requirements, MDH will not offer a refund. The amount paid reflects the value of the Services provided at the point of cancellation. The Customer can continue to use the Test Kit at any time in the future.

ii) To end the contract with MDH, please contact the company by email at [email protected]. Please provide name, email and order number.

iii) MDH will not accept returns.

iv) The Customer acknowledges they are following the UK Government and foreign governments COVID-19 travel regulations and are conducting the required arrival tests. Any breaches of the regulations may result in a penalty. MDH are required to report Customer order details and travel information to Public Health England.

Fit to Fly At-home Lateral Flow Antigen Test Kits

i) The Customer has the right to cancel their contract for a Fit to Fly At-home Lateral Flow Antigen Test Kit within 14 days and receive a refund less the shipping and handling fees which are paid for by MDH. Please note this does not apply if any of the exemptions set out in 5.1 (i) – (iv) have been met.

ii) To end the contract with MDH, please contact email [email protected]. Please provide name, email and order number.

iii) Once MDH receives the cancellation request, the Test Kit(s) will be deactivated immediately and cannot be used at a later date.

iv) Unless otherwise agreed, MDH will not accept returns and will refund the Customer in the manner that the company received payment from the Customer.

PCR Home Test Kits

i) The Customer has the right to cancel their contract for a PCR Home Test Kit outside of the 14-day window up to 60 days after order confirmation and receive a partial refund. Please note this does not apply if any of the exemptions have been met. MDH will refund the amount paid less £20 to reflect the value of the Service provided at the point of cancellation.

ii) To end the contract with MDH, please contact by email at [email protected]. Please provide name, email and order number.

iii) Once MDH receives the cancellation request, the Test Kit(s) will be deactivated immediately and cannot be used at a later date.

iv) Unless otherwise agreed, MDH will not accept returns and will refund the Customer in the manner that payment was received.

Lateral Flow Antigen Test Kits

i) The Customer has the right to cancel their contract for a Lateral Flow Antigen Test Kit outside of the 14-day window. However, MDH will not offer a full or partial refund. The Customer can continue to use the Test Kit at any time in the future.

ii) To end the contract with MDH, please contact by email [email protected]. Please provide name, email and order number.

iii) MDH will not accept returns.

Refund Rights After Sample Collection:

Home Test Kits

All of MDHs’ COVID-19 test kits include free Royal Mail Tracked 24 return mailers to post the completed sample to the laboratory. Send the test kit back using the free Royal Mail return envelope provided via a Royal Mail Priority Postbox Monday – Friday.

The Customer must please make a note of the tracking number that is detailed on the returns label. If the Customer has sent their completed sample to the laboratory for analysis, unfortunately, MDH cannot offer the Customer a refund as the sample will be analysed by the laboratory.

MDH does not accept any liability for lost or delayed samples and refunds will not be issued.

Damaged / Missing kits

If the Customer receives a damaged or defective kit, they must notify MDH on [email protected] within 60 days of their order date, to initiate a valid damaged or defective kit claim for a refund. It is required that the Customer keep all the packaging material, box(es) and broken items and provide it to MDH on request and at MDH expense, in order to complete the investigation. If the investigation confirms the kit to be damaged or defective, MDH will provide the Customer with a replacement kit 1-3 business days after the completion of the investigation.

If the Customer is missing any items from their order, they must notify MDH on [email protected] within 60 days of their order date. MDH will provide the Customer with a replacement kit within 1-3 business days of such notification. If the Customer fails to report damaged and/or missing items in their order within 60 days of the order date, replacement items will not be delivered under any circumstances, subject to applicable law.

Delayed Postage

MDH does not accept any liability for delayed results due to late test kit delivery and will not provide a refund. Ongoing COVID-19 restrictions, reduced air and freight capacity, high volumes, and weather conditions are all impacting delivery across the UK. Please refer to MDH’s carrier’s website for their latest updates regarding delivery delays.

Undeliverable Orders

Any orders that are returned to MDH as refused by the receiver or non-deliverable will be reimbursed but the Customer will be subject to shipping and to a return handling fee, subject to applicable law. MDH reserves the right to refuse delivery of kits that require payment fees that have not been prepaid by the sender.

Under the Distance Selling Regulations the Customer may cancel the order within 14 days from the day after the Test Kit(s) have been delivered, so long as the box and and all test kits remain unopened. To do this the Customer must either notify Supplier by email, phone or send a letter to the stated address, informing Supplier that the Products are being returned unused. A refund of monies paid for the test kit only will be made upon condition inspection of the returned box of test kit and within 30 days of receiving the cancellation request. Shipping costs incurred by Supplier will not be refunded to the Customer.

MDH will treat all personal data in line with current UK law and will regularly review our processes and documentation to ensure this. We strongly advise you to read our privacy policy which sets out your rights and why we process your data.  Our cookies policy details what cookies we use, their nature, purpose and related usage of your personal data.

10.1 To the maximum extent permitted by law, We accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. You should be aware that you use the Website and its Content at your own risk.

10.2 MDH’s total liability to the Customer in respect of all other losses arising under or in connection with the terms and conditions, whether in agreement, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Product which is priced at seventy (£70) pounds sterling for the box of ten (10) rapid antigen lateral flow tests and seventy (£70) pounds sterling for the box of antibody tests and one hundred (£100) pounds sterling for the PCR laboratory swab test.

10.3 In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.

10.4 To the extent permitted by law, as Suppliers of an CE-IVD Marked Product, MDH’s total responsibility for any and all claims Customer makes under these Terms and Conditioners (including implied terms) or related to the use of the Product shall be limited to one hundred (£100) pounds sterling.

10.5 In every case, unforeseeable loss or damages are excluded.

10.6 To the extent permitted by law, MDH will, unless caused by our negligence, in every and all cases never be responsible for any loss or damage resulting from:

10.6.1 The use or the inability to use the test kit;

10.6.2 Any action you take based on the information you receive from the test;

10.6.3 Any failure to not follow your Government’s advice relating to Covid-19;

10.6.4 The cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the services;

10.6.5 Unauthorised access to or alteration of your transmissions or data;

10.6.6 The improper authorisation for the services by someone claiming such authority; or

10.6.7 Statements or conduct of any third party on the services.

MDH shall not be liable for any failure or delay in performing its obligations under these terms and conditions to the extent that such failure or delay is caused by a Force Majeure Event. A Force Majeure Event means any event beyond MDH’s reasonable control, which by its nature could not be foreseen, or if it could have been foreseen, was unavoidable.

The terms and conditions shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.

Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and MDH.