Terms of Service

In these Terms of Service, RapidGroup is referred to as the “Company”.

  1. Definitions
    1. “Business Day” means any day other than a Saturday or Sunday or public holiday in Spain.
    2. “Client” means any purchaser of the Company’s Services to whom the Company has agreed to provide Services.
    3. “Client Samples” means any blood/saliva/nasal and or oropharyngeal swab specimen sample of Client collected using the Company’s Products and provided to a Partner Laboratory in accordance with the Company’s instructions.
    4. “Data Protection Consent” means the data protection consent form supplied with these Terms of Service in respect of the performance of any Services by the Company.
    5. Despatch Instructions” means any instructions provided by the Company to the Client relating to the collection of Client Samples, including any instructions that reflect the current guidance from the Spanish government for the collection of biological samples related to the diagnosis and screening of COVID-19, which may for example include delivery of any Client Sample from an authorized agent.
    6. “Partner Laboratory” means any of (i) Virto Lans, registered in Spain and Andalucía under company number A-41361544, and (iii) any other laboratory listed on our Website from time to time.
    7. “Product” means any product made available for purchase by the Company, as outlined in any purchase order.
    8. “Services” means (i) the provision of the Company’s Products to Client as outlined in a purchase order, (ii) facilitation of testing of Client Samples by a Partner Laboratory, (iii) provision of any test results received from a Partner Laboratory to the Client, and (iv) any other services agreed to be performed by the Company from time to time.
    9. “Website” means www.rapidgroup.es
  2. Services
    1. By purchasing and/or using the Company’s Services, you agree to be bound by these Terms of Service and will use all Company’s Services in accordance with these Terms of Service.
    2. When using particular Services, you may be subject to additional terms or guidelines applicable to such Services which will be made available to you through the performance of such Services from time to time (as may be applicable) and which will form part of these Terms of Service.
    3. The Company will perform the Services using all reasonable skill and care. Save as expressly set out in these Terms of Service, the Company gives no other representations or warranties regarding the performance of the Services.
    4. All test results in respect of any Client Sample provided by our Partner Laboratories to the Company will be made available to the you either (i) via e-email using the contact email address provided by you to the Company at the time of purchase of the Services, or (ii) via the Company’s secure electronic portal. The Company may contact you by e-mail or telephone regarding your Client Sample and test results if necessary.
    5. The Company will use all reasonable efforts to provide any test results in respect of any Client Samples to you within the time indicated to you on any purchase order (if any). However, any such times are an estimate only and the Company does not guarantee that any test results will be available within such time period.
    6. Upon delivery of any test results in respect of your Client Sample, the Services will be deemed to have been delivered to you. If for any reason the Company or any Partner Laboratory is unable to perform any Services purchased by you, the Company will inform you as soon as reasonably practicable using the contact details provided by you to the Company at the time of purchase of the Services. If you have already paid for any Services that are unable to be performed, the Company will refund you the full amount paid by you for the Services as soon as reasonably practicable.
    7. This service is not a substitute for proper medical investigation and advice and we do not provide clinical or diagnostic services in relation to the tests. Our comments are based on information available to us at the time, which information may be insufficient to gain a complete understanding of your health or a particular condition you may be suffering from. If you have any concerns regarding your health or your test results you should discuss them directly with your GP or by calling emergency services.
    8. By purchasing the Company’s Services, you consent to the performance of the Services by the Company and its Partner Laboratories and the processing of any Client Samples by the Company and our Partner Laboratories in accordance with these Terms of Service, the Data Protection Consent and the Partner Laboratories’ terms and conditions (each as may be amended from time to time).
    9. You may only purchase Products and Services from the Company if you are at least 18 years old and are providing your own sample for testing. You must not submit any samples belonging to any other person to the Company or any Partner Laboratory. Any Products and Services ordered by you are for private use only and you may not use any such Products or Services for any commercial purpose.
  3. Orders
    1. You may cancel your order for any Services at any time before any appointments have been confirmed or has been dispatched to you. Any order cancelled before an appointment is scheduled for pick up by the Company will be refunded in full.
    2. Once any Product has been scheduled, you relinquish the Company from any obligation to cancel the order.
    3. You do not have any right to cancel any order if
      1. you have already taken a Client Sample;
      2. the testing kit is returned unsealed or otherwise used;
      3. you were a “no show” to your appointment; or
      4. an appointment for collection has been confirmed.
    4. If you cancel an order within the cancellation period and you are entitled to a refund the Company will use all reasonable efforts to refund you the price you paid for the Services:
      (a) within 7 Business Days of receiving a cancellation request if your request is received in relation to any appointments that have not yet been confirmed.
    5. In the event that the Sample is voided due sample processing issues (i.e., insufficient sample, labelling issue or age of sample), you have the right to claim a one off partial refund (20 Euros for Home Antibody Test / COVID-19 Immunity Test, 60 Euros for PCR Test) or a replacement appointment. For PCR Tests, if your sample yields an inconclusive result, you are eligible for a full refund of the test kit (amount paid)
    6. In the event that the Client test kit is not delivered to them by the Company’s logistics partners, the Company offers a full refund for the Home Antibody Test / COVID-19 Immunity Test and the PCR Test. Alternatively, the Company offers a replacement appointment.
    7. We take no responsibility and offer no refunds for failures or delays in delivery of the test kits to the lab, if caused by any service provider we have contracted for delivery including but not limited to our courier service.
    8. If you have returned your sample to the lab for a PCR test, but a result has not been produced within the times listed below since the sample’s point of arrival at the lab, you are entitled to a following refund, if you do not wish to accept a replacement kit:
      (a) For results received more than 24 hours after receipt by the lab a refund of 25%;
      For results received more than 48 hours after receipt by the lab, a refund of 100%;
  4. Disclaimer of Warranties
    1. All Client Samples are processed by one of our Partner Laboratories in accordance with their terms and conditions. The Company and its directors, staff and agents are not responsible or liable for the performance of any processing of Client Sample performed by a Partner Laboratory and make no representations or warranties regarding such processing.
    2. The Company does not guarantee that (i) the Services will meet your requirements, be reliable or be available when you want to access the Services; (ii) the results that may be obtained from the use of the Services will be accurate or reliable; (iii) the timeframe within which results will be provided (iv) the quality of any Products, services, information, or other material purchased or obtained by you through the Services will meet your expectations.
    3. Certain terms may be automatically included into these Terms of Service by law, including terms relating to the quality of the service provided, fitness for a particular purpose, and non-infringement. To the extent permitted by law, the Company excludes these terms from these Terms of Service.
  5. Tests for Travel
    1. The Client accepts that it is their sole responsibility to determine what Covid-19 test is needed for their travel destination, and when they should be planning to take their test. Any information the Company may provide in this regard to over the phone, in writing or on our website is purely advisory and the Company takes no responsibility for the accuracy or completeness of such information
    2. Subject to the Cancellations and Refunds policy above, the Company accepts no responsibility or liability for any costs arising from any delay, disruption or cancellation of the Client travel plans directly or indirectly caused by the requirement to produce a negative Covid-19 test result or travel certificate, even if that delay was caused by the Company, their delivery service or any laboratory they may subcontract for testing.
  6. Company Liability
    1. Except as set out in clause 7.3 and 6.2, our total liability to you in connection with the provision of any Products and Services by the Company to you is limited to the total price you paid for the Products and any Services or one hundred euros where no amount is paid to us. Your sole remedy in respect of any failure by the Company to perform any Services or in relation to any Product is limited to, at the Company’s sole option:
      1. replacement of any Product and/or re-performance of any Service; or
      2. refund of the price paid by you for any defective Service.
    2. In particular, the Company is not liable for any costs, loss, delay, inconvenience or damage you suffer as a result of:
      1. loss, delay or damage to any Client Sample while in transit;
      2. any injury you may suffer as a result of using any Product unless such Product is shown to be defective; failure by you to use any Product or Service in accordance with the instructions provided by the Company to you;
      3. Any failure by you be available at the time of your appointment.
      4. delay to any provision of any test results;
      5. any Partner Laboratory being unable to process any Client Sample provided by you;
      6. any errors or omissions of any Partner Laboratory;
      7. any loss or damage that is not foreseeable; and/or
      8. any indirect or consequential loss or damage howsoever caused;
    3. The Company is not liable or responsible for any failure or delay in the performance of any Services or obligations under these Terms of Services that is caused by any event outside of the Company’s reasonable control. If any such event occurs which affects our ability to perform the Services ordered by you or any of our obligations under these Terms of Service, we will contact you as soon as possible to inform you of such an event and our performance of Services and/or obligations under these Terms of Service will be suspended (without liability) for the duration of such an event.
    4. The Company does not exclude or limit its liability in any way for any of the following:
  7. Miscellaneous
    1. These Terms of Service govern the terms of our relationship unless otherwise agreed in writing between us.
    2. These Terms of Service shall be governed by the laws of Spain. If any dispute arises relating to this Agreement or any breach or alleged breach of this Agreement, the parties shall make a good faith effort to resolve such dispute without recourse to legal proceedings. If, notwithstanding such good faith efforts, the dispute is not resolved either party may submit the dispute to the jurisdiction of the Spanish Courts.
    3. No failure or delay by the Company to exercise any right or remedy under these Terms of Service will be construed or operate as a waiver of such right or remedy and no single or partial exercise of any right or remedy under these Terms of Service preclude the exercise of any other right or remedy or preclude the further exercise of such right or remedy as the case may be. The rights and remedies provided under these Terms of Service are cumulative and are not exclusive of any rights or remedies provided by law.
    4. No provision of these Terms of Service are enforceable by any person other than the Client by virtue of the Contracts or by any other statute or common-law principle.
    5. The section titles of these Terms of Service are for convenience only and have no legal or contractual effect.
    6. If any provision or portion of these Terms of Service is found to be unenforceable, this will not affect any remaining provisions.
    7. None of Client’s rights or obligations under these Terms of Service may be assigned or otherwise transferred to any third party and any purported transfer shall be ineffective. The Company may freely assign or otherwise transfer any of its rights and obligations under these Terms of Service and you consent to any such assignment or transfer.
    8. If the performance of any Services by the Company is prevented, restricted, delayed or otherwise interfered with by reason of circumstances outside of the Company’s control (including, without limitation, any flood, fire, storm, strike, lockout, sabotage, terrorist act, civil commotion, government intervention, epidemic or pandemic), the Company shall not be obliged to perform any such Services to the extent it is so prevented, restricted, delayed or otherwise interfered with, provided that the Company uses all reasonable endeavors to avoid or remove the causes of such non-performance.