This page (together with the documents referred to on it) tells you the terms and conditions on which we will supply the HIV, STI and STD private clinic testing services (“Clinic Appointments”) and the home testing kits ("the Kit") ( together the “Services") which are listed on our website www.better2know.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, Better2Know (Pty) Ltd (“Better2Know South Africa”), a company incorporated in accordance with the laws of South Africa with registration number 2013/132366/07, operate the website www.better2know.co.za, Our registered office is at 3 Leipoldt Street, Bellville, 7530 .
2. SERVICE AVAILABILITY
2.1 Our site is only intended for use by people resident 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 by way of a Clinic Appointment 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 for the Kit or a Clinic Appointment via our site, you will receive an e-mail from us acknowledging that we have received your order. If you place your order for the Kit or Clinic 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.
4.2 If you place your order online for a Clinic Appointment, once an appointment has been made for you at the time, date and clinic that you have chosen that order will be accepted by us and you will be subject to our normal cancellation policy.
4.3 All orders are subject to acceptance by us, and we will confirm such acceptance to you by one of the following means:
4.3.1 Where your order relates to a Kit, by sending you an e-mail confirming that the order has been accepted and an indication as to when the Kit will be dispatched;
4.3.2 Where your order relates to a Clinic Appointment, 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”). The contract between us (the “Contract”) will only be formed when we send you confirmation in accordance with this clause 4.2.
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. You will be informed in your Order Confirmation of any Services which will require an alternative delivery or appointment date (as appropriate).
5. DELIVERY OF THE KIT
5.1 We will dispatch the Kit within 7 days of the date set out in the Order Confirmation.
5.2 We will take reasonable steps to meet the delivery date set out in the Order Confirmation or as otherwise agreed between us. However, occasionally delivery may be affected by factors beyond our control and so cannot be guaranteed. We will let you know if we become aware of an unexpected delay and will arrange a new delivery date with you.
5.3 If you fail to take delivery of the Kit within 7 days of the date set out in the Order Confirmation, then, except where this failure is caused by our failure to comply with these Terms or by an event beyond your control we shall have no liability to you for late delivery and you shall be responsible for re-arranging delivery of the Kit at your sole expense.
5.4 If we are not able to deliver the Kit within the time scale set out at clause 5.1 due to operational reasons or shortage of stock, we will deliver the Kit as soon as it becomes available. If the Kit cannot be dispatched within 21 days of the date set out in the Order Confirmation, we shall notify you as soon as reasonably practicable and you shall be entitled to cancel the Contract and receive a full refund in accordance with our refunds policy (set out in clause 8 below).
6. CANCELLATION AND RETURNS
6.1 A Contract may be cancelled by you at any time prior to dispatch of the Kit for a full refund of the price paid for the Kit in accordance with our refund policy set out at clause 9 below.
6.2 Subject to earlier cancellation in accordance with clause 6.1, as you are contracting as a consumer, you may cancel a Contract relating to the Services at any time within seven working days of receipt, beginning on the day after you receive the Kit. In this case, you will receive a full refund.
6.3 Where a Contract is cancelled in accordance with clause 6.2, you must not use the Kit and you must return the Kit in its original and unopened packaging as soon as reasonably practicable, at your own cost. You have a legal obligation to take reasonable care of the Kit while it is in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
6.4 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, (subject to 6.6 below). Although you may cancel a Contract under this clause 6.4 on less than 24 hours notice we shall not be obliged to refund any payments made by you in relation to the Clinic Appointment if such notice is not received at least 24 hours prior to the appointment time. 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.
6.5 If you wish to cancel a Clinic Appointment that has been rearranged we are under no obligation to refund any payment to you
6.6 In the event that a Kit delivered to you under these Terms is damaged, faulty or in some other way unusable in accordance with the instructions provided, you must notify us within 7 days of receipt of the Kit, confirming the damage or fault to the Kit. Within 7 days of receipt of such notice we will arrange for a replacement Kit to be sent out to you.
6.7 Where a Clinic 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 Clinic Appointment regardless of when the notice is received.
7. YOUR OBLIGATIONS
7.1 When placing an order for a Kit you accept that it is your responsibility to comply with all and any instruction included with the Kit and to return the Kit to us for testing within the time limit specified in the Kit.
7.2 When booking a Clinic appointment or ordering a Kit 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.
7.3 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.
7.4 If you book a Clinic Appointment at a site where you can speak to a doctor once you have your results at no further charge, you must make this request to us in writing within 30 days of the original Clinic Appointment time. Otherwise you will be charged for a Doctor's Consultation.
7.5 If you book a Clinic Appointment, it is your responsibility to declare to Better2Know if you are actively being treated by another health care provider. If you are receiving active treatment from another health care provider, then Better2Know will ask for your consent and contact details of your health care provider so that reasonable steps can be taken to inform the practioner of your request for pathology investigations.
7.6 Failure to comply with the provisions of clause 7.1 and 7.2 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.
7.7 We reserve the right to refuse to process a Kit returned to us for processing if such Kit is not receivied within 6 months of the date of dispatch, as set out in the Order Confirmation.
8. PRICE AND PAYMENT
8.1 The price of the Services and our delivery charges will be as quoted on our site from time to time, except in cases of obvious error.
8.2 Any VAT is included in the price payable in respect of the Services and may be charged for any other service offered by us.
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 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.
8.5 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.
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 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
9. OUR REFUNDS POLICY
9.1 If you return a Kit to us because you have cancelled the Contract in accordance with the provisions of clause 6 above, we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you gave notice of cancellation. In this case, we will refund the price of the Service in full (subject to any deductions permitted in accordance with these Terms) along with any applicable delivery charges. However, you will be responsible for the cost of returning the item to us.
9.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
10. OUR LIABILITY
10.1 Subject to clause 10.2, 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.
10.2 Nothing in this agreement excludes or limits our liability for:
10.2.1 death or personal injury caused by our negligence;
10.2.2 fraud or fraudulent misrepresentation;
10.2.3 any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
10.3 By proceeding with any test you are formally providing your informed consent to undergo a HIV, STI and/or STD test.
10.4 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, and if making a telephonic booking, have discussed with your Better2Know booking advisor all details and information relevant to the choice of tests you are requesting. 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.
10.5 Any further appointment required in accordance with clause 10.4 may be subject to an additional [nominal] fee, of which you will be made aware of at the time of booking.
10.6 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 Better2Know.
11. 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.
All notices given by you to us must be given to Better2Know at info@Better2Know.co.uk. 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 11 above. Notice will be deemed received and properly served immediately when posted on our website, 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 The contract between you and us is binding on you and us and on our respective successors and assignees.
13.2 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.
13.3 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.
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 a Contract 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:
14.2.1 strikes, lock-outs or other industrial action;
14.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
14.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
14.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
14.2.5 impossibility of the use of public or private telecommunications networks; and
14.2.6 the acts, decrees, legislation, regulations or restrictions of any government.
14.3 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.
15.1 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.
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 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 12 above.
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.
17. ENTIRE AGREEMENT
17.1 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.
17.2 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.
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 AND CONDITIONS
18.1 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.
18.2 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).
19. LAW AND JURISDICTION
19.1 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.
19.2 Accepting these terms and conditions means you have accepted them in the English Language.