Terms & Conditions

FAMILYCARE MEDICAL CLINIC TERMS AND CONDITIONS OF BUSINESS SARS-CoV-2 Antigen test 1.

FamilyCare Medical Clinic is a registered health facility in the Turks and Caicos Islands. FamilyCare Medical has been approved by the Ministry of Health, Agriculture, Sports and Human Services to offer Covid-19 rapid antigen testing to travelers and for the purpose of local surveillance

THESE TERMS AND CONDITIONS OF BUSINESS AND “YOU”

1.1 References in this document to “we”, “our”, “the Clinic”, “us”, and “FamilyCare” are to FamilyCare Medical Services Limited, the Medical Clinic providing you with services in any specific matter.

1.2 Reference to “you” is to you as the person or entity to whom we provide our services.

1.3 Unless otherwise agreed by us in writing, these Terms and Conditions of Business will apply to the services that we provide to you as our client.

1.4 The contract between you and us for the provision of any services by us shall comprise: (1) the information provided by you in our online booking form or any form you are required to complete prior to us providing our services (in either case known as “the Booking Form”); and (2) these Terms and Conditions of Business (together with the Booking Form, known as “the Contract”).

1.5 Save where it is permitted for us to do so, these Terms and Conditions of Business shall not affect any provision of the general law or professional standards applicable to the relationship between us and you as our client.

OUR SERVICES

2.1 The scope of our services will be limited to the administering of an approved SARS-CoV-2 Antigen test and the communication to you of the result of the same.

2.2 Third Party Reliance: Our services are provided for your use and benefit in connection with your stated travel plans only. Our work may not be used or relied on by any other person or entity unless agreed by us in writing even if a third party has paid or agreed to pay our bill. We will not be liable to anyone other than you unless we specifically state otherwise in the Contract.

LIMITATIONS As a term of the Contract you acknowledge and agree the following:

3.1 False negative results may occur in patients who have indicated or whose clinical status or history would indicate they are currently taking high doses of biotin (> 10 mg per day). Biotin levels of 2.5 μg/mL have been demonstrated to result in false negative test results.

3.2 Negative results, should be treated as presumptive only.

3.3 Failure to follow the instructions provided to you when taking the test may adversely affect test performance and/or invalidate the test result.

3.4 If the differentiation of specific SARS viruses and strains is needed, additional testing, in consultation with state or local public health departments, maybe required.

3.5 Results from antigen testing should not be used as the sole basis to diagnose or exclude SARS-CoV-2 infection or to determine infection status.

3.6 This test will indicate the presence of SARS-CoV-2 nucleocapsid protein antigen in the specimen from both viable and non-viable SARS-CoV-2 virus. Test performance depends on the amount of virus (antigen) in the sample and may or may not correlate with viral culture results performed on the same sample.

3.7 Results from the device should be correlated with the clinical history, epidemiological data and other data available to the clinician evaluating the patient.

3.8 The device used has been evaluated for use with human specimen material only.

3.9 False-negative results may occur if the concentration of the target antigen in the clinical specimen is below the detection limits of the device.

3.10 The device used is a qualitative test and does not provide information on the viral concentration present in the specimen.

3.11 The test cannot rule out diseases caused by other bacterial or viral pathogens. 3.13 The prevalence of infection will affect the test’s predictive values.

3.12 Positive and negative predictive values are highly dependent on prevalence. False-negative test results are more likely during peak activity when the prevalence of the disease is high.

3.13 False-positive test results are more likely during the periods of low SARS-CoV-2 activity when prevalence is moderate to low.

THE EXTENT OF OUR LIABILITY TO YOU

4.1 This section shall apply to any claim against us by you and if any duties are held to be owed to them, by any individuals or bodies who are related or associated to you, and any officers, employees or consultants of any of these entities.

4.2 Our only liability will be to the client identified in the Booking Form.

4.3 All claims arising from any single act, error or omission, (or related series of acts errors and omissions) irrespective of the total number of claims, shall be considered to be a single claim.

4.4 We will not be responsible for failure to provide services on matters which are outside the Contract.

4.5 We are entitled to rely on information and advice received from third parties in providing our services. We will not be liable for any loss flowing from the provision of false, misleading or incomplete/incorrect information or documentation or due to acts or omissions of any person other than us, except where, on the basis of enquiries, normally undertaken within the scope of the Contract, a reasonably competent test provider would have discovered such matters and acted upon them.

4.6 We will not be liable for any failure to perform or for delay in performing any of our obligations and services to the extent that the failure or delay is caused by circumstances beyond our control. If such an event should arise, we will notify you as soon as reasonably practicable. 4.7 We will not be liable for any incidental, indirect, special or consequential loss or damage, including but not limited to loss of revenue and loss of profit whether foreseeable, foreseen or unknown.

3.7 Results from the device should be correlated with the clinical history, epidemiological data and other data available to the clinician evaluating the patient.

4.8 If we are liable to you either jointly or jointly and severally with any other party we shall only be liable to pay you the proportion which, due to our fault, is found to be fair and reasonable. We shall not be liable to pay you the portion which is due to the fault of another party (irrespective of any limitation provision which may apply to that other party).

4.9 If you suffer loss or damage because of our breach of contract or our negligence, the total aggregate liability of FamilyCare Medical Services, its associates and employees to you (and where we are instructed jointly by more than one party, all of you collectively and in total and also including anyone claiming through you) for any civil liability costs and expenses including attorneys costs in respect of any act, omission or negligence arising from or in connection with the Contract (including any addition or variation) and in relation to the provision of any service to you shall not exceed $500 or 10 times the fee which we have charged you for the services which we have provided, whichever is the smaller.

VERIFICATION OF YOUR IDENTITY

5.1 We are required to verify the identity of our clients. To comply with our obligations and to permit us to carry out our services to you, you must provide us with appropriate information in order to verify your identity.

5.2 We may delay commencing the provision of our services or decline to act, or to cease acting, if the information you provide us, or that we obtain, is not to our satisfaction, or is not provided in a timely manner.

US DOLLAR PAYMENTS

6.1 We will not accept payment by cheque or bank draft in any currency other than United States dollars.

6.2 Cash We do not accept payment for our services in cash.

REFUNDS/CANCELLATION

7.1 You will not be able to cancel your appointment and receive a refund if you cancel the appointment less than 24 hours before the allocated appointment time.

7.2 If you have cancelled your appointment In line with our cancellation policy you will receive a refund back to card that you used to pay, please allow up to five business days as the refunds are processed externally by our bank, please contact us if you do not receive the refund within five business days.

JURISDICTION

8.1 The Contract with you is made under the laws of the Turks and Caicos Islands and it shall be interpreted under and governed by those laws.

8.2 You agree to submit to the exclusive jurisdiction of the courts of the Turks and Caicos Islands and any courts that may hear appeals from those courts in respect of any proceedings in connection with the Contract.

COMPLAINTS

9.1 We will take all reasonable steps to resolve any complaint about our services. Initially, you should raise the issue with the person dealing with your test or another more senior member of the Clinic, who will try to deal with the problem promptly.

9.2 If you remain dissatisfied, you should let the person dealing with your test, or the other person handling your concerns, know that you want to make a formal complaint. He or she will then refer the complaint to the Senior Practice Partner or Business Manager who will liaise with you for the purpose of addressing your complaint

FORCE MAJEURE

We will not be liable to you if we are unable to perform our services as a result of any cause beyond our reasonable control. If that happens we will tell you as soon as reasonably practicable.

ACCEPTANCE OF TERMS AND CONDITIONS OF BUSINESS

These Terms and Conditions of Business will be regarded as governing our relationship even if you do not sign and return it to us and even if you simply pressed “I agree” when making an online booking without reading these Terms and Conditions of Business.

PRIVACY

We take privacy seriously and we are committed to protecting the data you provide to us. Further information may be found in the Fair Processing Notice on our website.