Terms and Conditions

This document informs you of the terms and conditions on which we will supply the HIV, STI and STD private testing services (“Services”) which are listed on our website www.testeasy.co.za (“our site”) to you. Please read these terms and conditions carefully before ordering any Services from our site. You should understand that by placing an order for any of our Services, you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference. These terms and conditions are to be considered correct when written in English and not using a translation tool. Please click on the button during the purchase process if you accept them in English. Please understand that if you refuse to accept these terms and conditions, you will be unable to order any Service from our site.

1. INFORMATION ABOUT US

We, Test Easy (Pty) Ltd (“Test Easy”), a company incorporated in accordance with the laws of South Africa with registration number 2016/385412/07, operate the website www.testeasy.co.za, Our registered office is at 1st Floor Parktown Quarter, Corner 3rd and 7th Avenue, Parktown North, Gauteng, 2193.

2. SERVICE AVAILABILITY

2.1 Our site is only intended for use by people residing in or visiting the Republic of South Africa. We do not have to accept orders for the services from individuals outside of the Republic of South Africa.

2.2 Any Services to be provided to you shall be performed by a clinic or laboratory 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 South Africa for the purpose of carrying out the tests forming part of your order.

3. YOUR STATUS

3.1 By placing an order through our site, you warrant that:

3.1.1 you are legally capable of entering into binding contracts; and

3.1.2 you are at least 18 years old.

4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

4.1 After placing an order via our site, you will receive an e-mail 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.

4.2 All orders are subject to acceptance by us, and we will confirm such acceptance to you by one of the following means 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”). The contract between us (the “Contract”) will only be formed when we send you confirmation in accordance with this clause 4.1.

5. CANCELLATION AND RETURNS

5.1 You may cancel or rearrange a Contract relating to a Clinic Appointment on giving not less than 24 hours notice in writing to us. On receipt of such notice we shall be entitled to deduct from the price paid by you in relation to the Clinic Appointment an administration fee of 500 ZAR for cancellations before crediting your credit/ debit card with the remaining balance. For rearrangements on less than 24 hours notice, a 500 ZAR admin fee will be charged.  If a re-arranged appointment is then cancelled, two admin fees may then apply. Cancellation fees will not be charged if you are unable to keep your appointment due to death or hospitalisation or any other cirucmstances under section 17 of the Consumer Protection Act.

5.2 Where a Service 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 Service regardless of when the notice is received.

6. YOUR OBLIGATIONS

6.1 When booking a Clinic 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 Clinic Appointment you accept that it is your responsibility to attend the Clinic 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 Failure to comply with the provisions of clause 6.1 will not entitle you to a refund of any price paid for the Services and may affect the accuracy of the results of any tests carried out on your behalf.

7. PRICE AND PAYMENT

7.1 The price of the Services will be as quoted on our site from time to time, except in cases of obvious error.

7.2 Service prices 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.

7.3 Our site contains a wide range of Services and it is always possible that, despite our best efforts, some of the Services listed on our site may be incorrectly priced. We will normally verify prices as part of our Order 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 site, 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.

7.4 We are under no obligation to supply the Services to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error.

7.5 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. We will not charge your credit or debit card until after we have issued the Order Confirmation.

7.6 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 the discount will only apply where the Services are ordered at the same time and Services ordered separately will not be eligible for this discount

8. OUR LIABILITY

8.1 Subject to clause 8.2, if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Services and any losses that you suffer as a result of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure.

8.2 Nothing in this agreement excludes or limits our liability for:

8.2.1 death or personal injury caused by our negligence;

8.2.2 fraud or fraudulent misrepresentation;

8.2.3 any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.

8.3 By proceeding with any test you are formally providing your informed consent to undergo a HIV, STI and/or STD test.

8.4 You agree that your use of the Services is at your sole risk. We cannot and do not warrant that the tests performed as part of the Services will be 100% accurate due to the nature of the tests being performed.You further confirm that you have read the information provided on our website. 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 an appointment for you.

8.5 Any appointment required in accordance with clause 8.4 is subject to a fee that will be settled by you.

8.6 All data on an anonymous basis including, but not limited to: age, gender, location, tests and the results of the test remains the property of Test Easy.

9. WRITTEN COMMUNICATIONS

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, 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 website. 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.

10. NOTICES

All notices given by you to us must be given to Test Easy at [email protected] We may give notice to you at either the e-mail or cell phone number you provide to us when placing an order, or in any of the ways specified in clause 11 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail or sms/text message is sent. In proving the service of any notice, it will be sufficient to prove, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.

11. TRANSFER OF RIGHTS AND OBLIGATIONS

11.1 The contract between you and us is binding on you and us and on our respective successors and assignees.

11.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

11.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

12. EVENTS OUTSIDE OUR CONTROL

12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).

12.2 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:

12.2.1 strikes, lock-outs or other industrial action;

12.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

12.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

12.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

12.2.5 impossibility of the use of public or private telecommunications networks; and

12.2.6 the acts, decrees, legislation, regulations or restrictions of any government.

12.3 Our performance under any Contract 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.

13. WAIVER

13.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.

13.2 A waiver by us of any default will not constitute a waiver of any subsequent default.

13.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 10 above.

14. SEVERABILITY

If any of these terms and Conditions or any provisions of a Contract 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.

15. ENTIRE AGREEMENT

15.1 These terms and conditions 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 any Contract.

15.2 We each acknowledge that, in entering into a Contract, 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 and conditions or the documents referred to in them.

15.3 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.

15.4 Nothing in this clause limits or excludes any liability for fraud.

16. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

16.1 We have the right to revise and amend these terms and conditions 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.

16.2 You will be subject to the policies and terms and conditions in force at the time that you order Services from us, unless any change to those policies or these terms and conditions 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 and conditions before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Services).

17. LAW AND JURISDICTION

17.1 Contracts for the purchase of Services through our site 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 South African law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the Western Cape High Court, Cape Town.

17.2 Accepting these terms and conditions means you have accepted them in the English Language.

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