Applicable as of 22 April 2022
We are Certific OÜ, a private limited company, incorporated under the laws of Estonia, registration code 16050394, registered address Tööstuse st 47d-69, Tallinn 10416, Estonia, holding an Estonian licence for provision of healthcare services no L05410 (“Certific”, “we”, “us” or “our”).
We operate the website http://www.certific.co/ and its subdomains (“Website”), applications (“App” or “Apps”) and the software, databases, interfaces, associated media, documentation, updates, new releases and other components or materials incorporated therein or integrated therewith (all together the “Platform”).
By accepting these Terms and Conditions the Customer confirms that he/she has carefully read and understands the Terms and Conditions and agrees to be bound by these terms and policies referenced herein.
In this Terms and Conditions the following expressions have the following meanings:
an account required to access and use the Services on the Platform;
“Test” or “Tests”
means a type of test, approved by Certific and further described on the Platform, that the Customer will take at the location of his/her choosing while using the Services;
mean the medically certified validation service of the Test results, which are approved by Certific. The Customer may order or access the Services from Certific through the Platform, as a result of which Certific may issue to the Customer a Certificate or another type of documentation confirming Test results as further stated on the Platform for each specific Service, on behalf of a third-party Healthcare Provider or by us acting as a Healthcare Provider.
“App” or “Apps”
defined in the preamble;
defined in the preamble;
means the digital document expressing the medically certified Test result from Test verification after the Customer has used the test kit approved by Certific. It is usually in a PDF format issued by Certific on behalf of the Healthcare Provider or by us acting as a Healthcare Provider, and signed by the Healthcare Provider;
means a physical person who uses the Platform for ordering or accessing the Services from Certific or from the Healthcare Provider and for other functionalities available on the Platform (e.g. sharing of Certificates);
means the fee payable by the Customer for the Testing Services. The price may include the price for the Test Kit;
means the authorised healthcare service provider or medical laboratory who is providing the Testing Services which may be ordered by the Customer under the Testing Agreement and on behalf of whom, and under whose medical supervision and regulatory licences, Certific is issuing a Certificate, or another type of documentation confirming Test results as further stated on the Platform for each specific Service, to the Customer. Healthcare Provider is stated on the Platform and on the Order confirmation. Depending on the jurisdiction and the Service, Certific may act as a Healthcare Provider itself;
mean all claims, liabilities, actions, obligations, damages, costs, expenses, losses, fines, penalties, fees, judgements, and/or amounts paid in settlement (including legal fees);
means an order placed by the Customer through the Platform for receiving the Services from Certific or from a third-party Healthcare Provider;
means any channel of Certific through which the Customer may order or access Services from Certific or from Certific on behalf of a third-party Healthcare Provider, the main channels being the App(s) and the Website;
“Service” or “Services”
mean the healthcare services that the Customer may order from Certific or from Certific on behalf of a third-party Healthcare Provider through the Platform (e.g. COVID-19 testing services and test-to-treat services). Further Service details are available at the purchase of the Services on the Platform;
“Terms and Conditions”
mean these terms and conditions describing the Customer’s rights and obligations in using the Platform and other terms and conditions referred to throughout the Services (e.g. related to payments);
means a legally binding contract that is deemed concluded between the Customer and the Healthcare Provider in accordance with these Terms and Conditions for providing the Services, including signing certificates related to the Testing Services;
special testing equipment necessary for the Customer to self-conduct any ordered Test;
means the code for a Test (token) sent to the Customer after purchasing a Test;
defined in the preamble;
2. Legal framework
2.1 In accordance with these Terms and Conditions, Certific enables the Customer to use the Platform to order or access Services solely from Certific or from Certific on behalf of the Healthcare Provider, to receive Certificates or another types of documentation confirming Test results, as further stated on the Platform for each specific Service, from the Healthcare Provider medically certifying the results of the taken Tests and to share such results with any third parties as decided by the Customer.
2.2 For the provision of the ordered Testing Services where a Certificate is issued to the Customer, a Testing Agreement is deemed concluded directly between the Customer and the Healthcare Provider from the moment when the screening process starts and as stated in clause 3.2.4 of these Terms and Conditions. More information about the exact Service and the identity of the Healthcare Provider is given on the Platform while purchasing and providing the Services.
2.3 For the Testing Services where the Certificate is issued to the Customer, Certific may only act as the trading name and subcontracted provider on behalf of the Healthcare Provider. In this kind of setup, Certific is not liable for the performance of the Testing Agreement between the Customer and the Healthcare Provider. While Certific may perform certain actions of the Healthcare Provider, Certific shall do so in the name of and on the account of the Healthcare Provider under a separate agreement concluded between Certific and the Healthcare Provider. Where Certific is acting as a Healthcare Provider itself, the Customer is bound by these Terms and Conditions serving as the general agreement between Certific and the Customer, in addition to any other terms of service provided under each Service upon purchase and while consuming the Services.
2.4 For the Testing Services where the Certificate is not issued to the Customer, Certific is the Service provider to the Customer, as a result of which Certific may issue other type of documentation than the Certificate confirming Test results through the Platform, which states that the Test is carried out correctly and is issued for information purposes. Medical certification of the Test process and Test results do not form any part of an individual's care or treatment, unless otherwise provided under a specific Service.
3. Services & Platform
3.1 The Platform provides the virtual environment for the Customers to order or access Services from Certific in the form of ordering different Tests available on the Platform and to conduct such Tests independently at a place of the Customer’s choosing (where possible, e.g. for avoiding public places for the purpose of avoiding any risk of spreading diseases) using the technological solutions available on the Platform for recording (if applicable to the specific Service) and verifying the Test results. As part of the Testing Services, Certific may issue Certificates or other documentation confirming Test results through the Platform, if the Test has been carried out correctly, indicating either a positive / negative / invalid / uncertifiable Test result. This can be done by Certific on behalf of the Healthcare Provider or by Certific acting as a Healthcare Provider itself, depending on the specific Service.
3.2 Through the Platform the Customer is enabled to:
3.2.1 select, order, access and pay the Fee for the Services provided by Certific and/or the Healthcare Provider;
3.2.2 order or receive a Test Kit and a Token necessary for taking the Test;
3.2.3 follow the instructions necessary for the self-administration of the Test;
3.2.4 administer the Test at a place of the Customer’s choosing and, depending on the specific Service level, record the Test taking procedure using a video, audio and/or photo capturing solution available on the Platform;
3.2.5 answer the self-declaration or other type of questionnaires for the purposes of the Service (if applicable);
3.2.6 receive a Certificate or other documentation issued by Certific itself or by Certific on behalf of the Healthcare Provider reflecting the Test results;
3.2.7 view and share the Test results through the Platform with third parties (including with cooperation partners of Certific, e.g. event organisers, employers, transportation companies, etc).
3.3 The Platform and the Services are based on the risk calculation principle and they serve the purpose to inform the Customer about the Test results and enable the Customer to make an informed decision. Use of the Platform and the Services for any other purpose is prohibited (please see Section 17 for details).
3.4 It shall be entirely for the Customer to satisfy that the Test result, the Certificate and/or other documentation issued on the Platform correspond to the requirements of any third party, who may request that the Customer present a Certificate or other documentation confirming Test results as a prerequisite for receiving such third party’s services (including requirements such as the allowed time frame between issuing the Certificate or other documentation confirming Test results and using the services of such third party). Certific and the Healthcare Provider assume no liability for such third-party requirements (please see Section 17 for details).
3.5 Occasionally there may be information on the Platform that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. Certific reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel Orders if any information on the Platform is inaccurate at any time without prior notice (including after the Customer has submitted the Order).
4. ACCESSING THE PLATFORM
4.1 For accessing the Platform, the Customer shall access the Website, download the App to its device, accept the Terms and Conditions and create an Account.
4.2 Upon registration, the Customer is asked to provide certain information about him/her, including personal information. Specific details of the required registration information are provided on the Platform and the Customer will be guided through the Account registration process on the Platform. The Customer confirms that any registration information submitted by it to Certific is true, accurate and complete.
4.3 The Customer shall be responsible for maintaining the confidentiality of any username, passwords and other log-in and authentication details used to access the Services. If the Customer believes the security of the Customer Account has been compromised, the Customer shall immediately notify Certific thereof and take necessary steps to ensure security of the Account (e.g. block account, change password, etc).
4.4 The Customer may access the Services and create the Account only if the Customer has a full legal capacity and is entitled to enter a valid agreement with Certific under the laws of the country of residence of the Customer.
5 ORDERING THE TEST and Services
5.1 Tests and Services may be ordered through the Platform or from channels managed by Certific or a third party Healthcare Provider (e.g. Shopify or other mediums for online purchases), by third party cooperation partners of Certific (e.g. event organisers, travel agencies, etc) or by national health authorities.
5.2 Upon submitting the Order for a Test, the Customer is also requested to provide the delivery details for receiving the Test Kit, unless the Test Kits are provided by the national health authorities or other third-party cooperation partners. If relevant, delivery costs will be added to the Fee, in accordance with Section 14.
5.3 For receiving the ordered Services from Certific, the Customer may only place Orders through the channels described in Section 5.1. and only use Tests approved by Certific which are communicated to the Customers through the Platform. By default, the Test Kit will be provided with a unique Test ID and will be accompanied by a Token, which must be entered in the Platform before taking the Test.
5.4 Taking the Test and receiving a Certificate or other documentation confirming the Test result will not be possible if the Customer does not use the Test Kit approved or provided by Certific or a national health authority or other third party cooperation partner, if so prescribed on the Platform, or does not enter the correct Token sent to the Customer. If the Customer does not receive a Token from Certific before administering the Test or when the Test Kit appears to be damaged or missing certain equipment or information, the Customer should contact Certific for further instructions.
5.5 The Customer may only order the Services for personal use or for third parties (for example family members) but has to follow the age restrictions stated by the Test Kit manufacturer. Certific reserves the right to refuse any Order placed through the Platform and may in its sole discretion limit or cancel quantities of Tests ordered per Customer, per Order or on a different basis (including if in the sole judgement of Certific any Order seems to be placed by dealers, resellers or distributors).
6. ANSWERING THE SELF-DECLARATION OR QUESTIONNAIRE
6.1 Before taking the Test, the Customer may be requested to complete a self-declaration questionnaire or another type of questionnaire on the Platform. The Customer understands that taking the Test and receiving a Certificate will not be possible if he/she does not complete the self-declaration or questionnaire where required.
6.2 The Customer confirms that all answers provided by him/her in the self-declaration or questionnaire are true, accurate, and complete. Providing incorrect information is considered to be a material breach of the Testing Agreement by the Customer and Certific itself or on behalf of the Healthcare Provider, reserves the right to annul any Certifications issued and claim from the Customer any damages (including costs and expenses) arising to Certific in relation thereto.
6.3 After the Customer has completed the self-declaration or questionnaire, if required, the Customer may proceed with taking the Test.
7. TAKING OF THE TEST
7.1 In order to obtain the Certificate or other documentation confirming the Test result, the Customer shall take the Test on the Platform in accordance with the instructions provided in the Test Kit, on the Platform and communicated to the Customer via email. The specific step-by-step instructions which Test to take and how to take the Test are provided on the Platform. In case of any questions regarding taking the Test, the Customer is welcome to contact Certific.
7.2 During the Test taking phase, the Customer will be asked to verify his/her identity. For that purpose, the Customer will be asked to show and take a photo of his/her ID document that must include the photo of the Customer. The specific instructions on how the Customer shall verify his/her identity will be provided on the Platform.
7.3 Before taking the Test, the Customer may be asked to confirm that he/she is not under the influence of alcohol or drugs and that he/she has read the instructions of the test manufacturer.
7.4 The entire process of taking the Test, including opening the Test Kit, taking the sample and packaging the sample material into the container provided in the Test Kit (if applicable) must be video, audio or photo captured (dependent on the specific Service) through the Platform pursuant to the instructions provided in the Platform and by the Test manufacturer. The Customer shall ensure that his/her device has the necessary equipment, functions and internet connection required for taking the Test on the Platform.
7.5 The Customer is responsible for ensuring that the video, audio or photo capturing (dependent on the specific Service) does not include any third persons who have not consented to the capturing of their image or audio and transmission of their image or audio to Certific.
7.6 While using the Platform and taking the Test, the Customer shall refrain from any unusual or suspicious behaviour, including but not limited to unconventional display of nudity, engaging in abusive or fraudulent activity, interfering with or otherwise negatively impacting any aspect of the Services (including hate speech), creating a false identity or any attempt to mislead others as to the identity of the sender or the origin of any data or communications, and storing any content or communications that is illegal, harmful, unwanted, inappropriate, objectionable, confirmed to be criminal misinformation, or otherwise poses a threat to the public. Certific reserves the right to report any such suspicious, unusual or fraudulent action to any relevant authorities and in case the Service was ordered by a third-party cooperation partner, to that cooperation partner.
7.7 The Customer understands that in order for the Test results to be verified, the samples provided by the Customer have to be taken correctly and diligently. Therefore, the Customer undertakes to follow precisely and accurately each step of the Test taking procedure and every instruction provided by Certific through the Platform and by following the instructions of the Test manufacturer.
7.8 The Customer understands that if he/she does not precisely follow the instructions provided for taking the Test, then the Test result cannot be verified and it may be invalid.
7.9 If the Customer has ordered the Test for a third party, for example a family member, the Customer shall ensure and assist that such third party takes the Test correctly in accordance with these Terms and Conditions. The Certificate or other documentation confirming Test results for such third parties shall be made available on the Account of the Customer.
8. TEST EVALUATION
8.1 As per the information and instructions provided on the Platform for a specific type of Test, the Test results may be evaluated either (i) automatically by the Platform, (ii) by professional evaluators, or (iii) by the Healthcare Provider or a third person appointed by the Healthcare Provider (e.g. a laboratory), in case the sample material needs to be analysed by medical experts. In the course of the evaluation, the video, audio or photo capturing of the Test taking procedure as well as other information provided by the Customer during the Test will be reviewed.
8.2 If the Customer’s sample for a specific Test must be sent to a third-party Healthcare Provider or any third party appointed by the Healthcare Provider for analysis, the Customer undertakes to do so precisely according to the instructions provided on the Platform.
8.3 The Customer understands that if he/she should fail to comply with any instructions or requirements for mailing the Test sample (including but not limited to using a different container for storing the sample other than the one provided in the Test Kit), then the Test results may not be verified and/or the Test result may be invalid.
8.4 Certific has the right to occasionally send certain Test results for manual verification by the Healthcare Provider or a third party appointed by it (e.g. laboratory). In such a case, the Test result and the Certificate will be made available on the Platform after the manual verification of the Test results.
9. VALIDATION BY CERTIFIC OR BY THE HEALTHCARE PROVIDER
9.1 Provided that the Customer has completed all the processes for taking the Test as instructed on the Platform, Certific will be able to verify the Test result (or allow the Certific Platform to do so) and issue a Certificate or other documentation confirming Test result through the Platform. The Certificate or other documentation confirming Test result may include the following information (depending on the specific internal policies of Certific or the Healthcare Provider and/or requirements arising from applicable law):
9.1.1 Customer’s personal details (full name, date of birth, passport/ID number and photograph of it);
9.1.2 information about the Test (date and time of the Test sample; Test ID; name of the Test; validity time of the Test, etc.);
9.1.3 Test result (positive / negative / invalid / uncertifiable);
9.1.4 details of the Healthcare Provider who has issued the Certificate or other documentation confirming Test result.
9.2 The Certificate is always issued by the Healthcare Provider, including Certific if acting as a Healthcare Provider. Certific may also issue other types of documentation confirming Test results. All claims and complaints related to the issuing of the Certificate under the Testing Agreement shall be submitted to Certific who will manage the patient liaison and customer support process for and with the Healthcare Provider, unless the third-party Healthcare Provider is handling the customer support directly towards the Customer (dependent on the sales activities by the Healthcare Provider). Details of the Healthcare Provider who has verified the Test are provided on the Certificate or other documentation confirming the Test result.
9.3 The Certificate and other documentation confirming Test results that may be issued on the Platform serve to confirm that the Test taken by the Customer is trustworthy and that the Customer has taken the Test correctly. The Certificate or other documentation that may be issued on the Platform do not confirm with full certainty that the Customer is not infected with any viruses or other diseases (please see Section 17 for details).
9.4 Depending on the Service, the Test taking process may be followed by additional elements of the Service such as issuing a prescription or live teleconsultation with a physician. Further details of such elements of the Service shall be provided upon purchase of the Service or on the Platform while using the Service. Different elements of the Service may be provided by different parties, including third-party Healthcare Providers or other service providers, thus the roles and responsibilities associated with each part of the Service shall be further described upon purchase of the Service or on the Platform while using the Service.
10. ACCESS TO THE TEST RESULTS
10.1 The Customer can access the Certificates and other documentation confirming Test results on the Platform using the log in details provided for the Account.
10.2 The Test results expressed on the Certificates or other documentation confirming Test result will be displayed under the Customer’s Account on the Platform for a period of 6 months from issuing the Certificate or other documentation confirming Test result, after which the respective Test results and the Certificates or other documentation confirming Test result will be deleted. Please note that the retention periods for the health related and other personal data based on the Test taking process may be longer depending on the applicable legal obligations towards the Healthcare Providers in specific jurisdictions.
11. SHARING OF THE CERTIFICATES OR OTHER DOCUMENTATION CONFIRMING TEST RESULT BY THE CUSTOMER
11.1 The Customer may share his/her Test results with third parties according to his/her choice, either in the format of QR code, PDF or other format provided on the Platform.
11.2 The Customer confirms that he/she understands that the sharing of the Test result must be based on his/her free will. The Customer shall have control over with whom (and if at all) he/she shares the Test result. Certific does not share the result without the Customer’s request (except as specified in Section 12).
11.3 The Customer confirms that he/she understands that when sharing the Test result with third parties, these third parties may receive his/her personal data and health related data. The Customer confirms that he/she understands that after sharing information, such third parties with whom the information has been shared may make decisions with respect to the Customer based on the information received. The Customer confirms that he/she understands that Certific will not have a control over how such third parties will use the information received.
12. SHARING OF THE TEST RESULTS BY CERTIFIC
12.1 The Customer confirms that he/she understands that in accordance with the applicable law in the jurisdiction of the Customer, Certific may be obliged to transfer the information on the Test results, vaccination status (e.g. COVID-19 or similar) or other personal data, including health data, with the responsible supervisory authorities or government agencies (e.g. in the UK this may include Public Health England and in Estonia the obligation to transfer Test data to Digilugu).
12.3 The Customer confirms that he/she understands that in accordance with the applicable law in the jurisdiction of the Customer, in case of a positive Test result (e.g. COVID-19 or similar), the Customer may be subject to self-isolation or quarantine requirements as well as to the reporting obligation of such result as required by the applicable legislation.
13. INTELLECTUAL PROPERTY RIGHTS
13.1 The Platform is solely and exclusively owned and operated by Certific and its service providers. Intellectual property rights, including, but not limited to, any and all copyrights, trademarks, service marks and trade names contained on the Platform, are owned by Certific, its affiliates and/or third-party licensors. Subject to the Terms and Conditions, the Customer is granted a limited non-exclusive licence to use the Platform for the purpose of ordering, accessing and receiving Services from Certific directly or from Certific on behalf of an authorised third party Healthcare Provider.
13.2 The Customer is not allowed to lease, rent or commercialise in any other way software or other features provided to the Customer through the Platform. The Customer understands that his/her use of the Platform does not grant to him/her any ownership of any content of the Platform. 1
13.3 The Customer shall not modify, translate, disassemble, decompile or re-engineer a part or the whole of the Platform, and the Customer shall not copy, distribute or publish any content of the Platform or any information obtained or derived therefrom, unless provided by applicable law.
14. PAYMENT & APPLICABLE FEES
14.1 The Customer undertakes to pay the Fee to Certific in consideration for the provision of Services. In relation to Services rendered on behalf of the Healthcare provider and where the Certificate is issued by the Healthcare Provider, Certific is taking the payment on behalf of the Healthcare Provider and acts in payment agent capacity, unless the service is fully administered by a third-party Healthcare Provider and Certific’s platform only forms a part of that third party Healthcare Provider’s service. In addition to the Fee, the Customer shall pay any applicable shipping costs arising in connection with receiving the Test Kit or sending the Test sample (if applicable).
14.2 All pricing information is available on the Platform. Certific reserves the right to change prices and to add, alter, or remove special offers from time to time and in accordance with applicable laws. Changes will not affect Orders that have already been purchased but may affect renewals of Orders made in the future.
14.3 Prices on the Platform may include VAT or other applicable taxes.
14.4 The Customer will be guided through the Order process when making a purchase on the Platform. Before confirming an Order, the Customer will be given the opportunity to review the chosen Order and amend any errors in the Order. The Customer shall ensure to check the Order carefully before confirming it.
14.5 Payment methods accepted by Certific at any given time are provided on the Platform. Payment for the Order will be due at the time of confirming the Order on the Platform.
14.6 If Certific has accepted the Order, Certific will send the Order confirmation to the Customer by email and/or via the Platform.
14.7 The Customer may not claim any compensation or reimbursement of the Fee, Test Fee or shipping costs, neither from Certific nor the Healthcare Provider, if the Certification or other documentation confirming Test result cannot be issued to the Customer due to the Customer not following the instructions provided on the Platform or due to the Customer breaching any other obligation arising to him/her from these Terms and Conditions.
15. PRIVACY & DATA PROCESSING
16. SUSPENSION OF USE AND TERMINATION
16.1 The Customer may have some rights regarding the suspension of the Order. Please refer to our Refund Policy for more information: https://www.certific.co/gb/refund-policy.
16.2 Certific is entitled to remove the Customer from the Platform with immediate effect and/or refuse or cancel any Orders, if the Customer causes any abuse or harm to the Platform, if Certific has reasonable belief of fraudulent acts by the Customer when using the Platform, or if the Customer otherwise fails to comply with his/her obligations under these Terms and Conditions (including obligations arising from Section 7.6).
17. LIABILITY & INDEMNIFICATION
17.1 If the Testing Agreement is concluded between the Customer and a third-party Healthcare Provider, Certific shall not be liable for any claims of the Customer arising from the Testing Agreement i.e. claims regarding content of the Certificate and reporting obligations. In accordance with the agreement concluded between Certific and the Healthcare Provider, Certific manages the patient liaison and customer support process for and on behalf of the Healthcare Provider, unless the service is fully administered by a third-party Healthcare Provider and Certific’s platform only forms a part of that third party Healthcare Provider’s service.
17.2 Certific is liable for the claims arising from providing the Services when acting itself as a Healthcare Provider in relation to issuing Certificates and other documentation confirming Test result, and on behalf of the Healthcare Provider in relation to the delivery of the Certificate.
17.3 The Platform, the Services and any content or features made available in conjunction with or through the Platform or the Services is provided “as is” and “as available”, without any warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Certific disclaims all warranties.
17.4 The Customer confirms that he/she understands that receiving the Certificate from the Certific on behalf of a third-party Healthcare Provider or a Certificate or other documentation confirming Test result from Certific does not exclude the possibility that the Customer may have been infected after taking the Test, i.e. the Test results (the the Certificate and other documentation confirming Test result provided through the Platform) can only indicate the Test result in the moment of taking the Test but not later than that.
17.5 The Customer shall always take into account that the Test result “negative” does not automatically guarantee that a person is in fact healthy, e.g. has not been infected with the COVID-19 or any other virus. The Tests (e.g. for COVID-19 or similar) do not guarantee that a person can never be infected or is not infectious at the time of taking the Test.
17.6 The Customer shall always take into account that the Test result “negative” does not mean that this result and/or the Certificate or other documentation confirming Test result will be trusted by all third parties at all times and that the Test result and/or the Certificate or other documentation confirming Test result will allow entry to events, travelling, etc. Policies of such third parties shall apply.
17.7 The information made available via the use of the Platform and/or the Services not resulting in a Certificate is for informational purposes only. The Customer should not use such Services for diagnostic purposes, for medical advice or to self-diagnose or treat any medical condition or illness. The Services provided do not form part of an individual's care or treatment. To determine the state of health, diagnosis, or to treat any medical condition or illness, the Customer shall always contact his/her doctor or healthcare service provider and shall not rely on the information provided via the Platform, unless a specific Service is provided by Certific for such purposes. In case of any health concerns, the Customer should always contact his/her doctor or healthcare service provider or, depending on the severity of the health concern, turn to an emergency medicine centre or even call an ambulance.
17.8 The fact that the Test result and the Certificate or other documentation confirming Test result indicate a negative result does not mean that the Customer may not have any other health problem that requires immediate medical attention and does not exclude the possibility that the Test was faulty or the method of taking the test was not correct, as a result of which the correct Test result would be positive.
17.9 The intended use for the Test results, Certificates and other documentation confirming Test result as described in Section 3.3 above is to inform the Customer about the Test result and to assist him/her in verifying to third parties, who might accept the Certificate or other documentation confirming Test result as sufficient verification, that the Customer has carried out the testing procedure correctly. The Customer understands, however, that no Test can ultimately guarantee that the Customer is not infectious (e.g. regarding COVID-19 or any other virus) at a given time. If the Customer has any symptoms of potential diseases (e.g. for COVID 19 or any other virus, such as, for example, but not limited to, fever, dry cough, aches and pains, sore throat, diarrhoea, conjunctivitis, headache, loss of taste or smell, a rash on skin, or discolouration of fingers or toes, difficulty breathing or shortness of breath, chest pain or pressure, etc.), the Customer should always consult his/her doctor, regardless of whether the Test result and/or the Certificate or other documentation confirming Test result indicate a negative result or not. Neither Certific nor the Healthcare Provider shall be liable for any Losses that the Customer may incur when using the Platform or the Services of the Healthcare Provider for any other purposes than set out in Section 3.3 of these Terms and Conditions.
17.10 Life-threatening conditions always require an ambulance and/or immediate medical intervention. Such conditions are, for example, if the person appears to be having a stroke, a heart attack, has lost consciousness, is unresponsive, or is not responding appropriately; is having a seizure, shortness of breath or difficulty breathing, is bleeding uncontrollably, is having a severe allergic reaction, has severe burns, has swallowed something poisonous, has very high fever or very low body temperature etc. In the event of any such life-threatening conditions the Customer shall never rely on the Test results and the Certificate or other documentation confirming Test results issued through the Platform and shall always seek immediate medical attention.
17.11 Except other than within the rights of patients in law, the Customer agrees to not to hold Certific, its affiliates, directors, board members, employees, the Healthcare Provider or any third-party service provider liable for any Losses arising as a result of any decision made by the Customer based on information made available via the Platform and/or by the Customer’s use of the Services.
17.13 Certific does not warrant or guarantee that the Platform and/or any Certificate or other documentation confirming Test result issued through the Platform will be compatible with all or any hardware and software which the Customer may use, available all the time or at any specific time, uninterrupted, secure or suitable for the Customer’s requirements.
17.14 Certific does not guarantee that the use of the Platform or the Services will always be uninterrupted, timely, or error-free. The Customer confirms that he/she understands that there might be occasions when the Platform or the Services may be interrupted for an indefinite time period, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to the failure of telecommunications links and/or equipment. Certific shall make its best efforts to notify the Customer of such scheduled events with reasonable time in advance. However, Certific shall not be liable to the Customer or to any third-party for any modification, price change, suspension or discontinuance of the Platform.
17.15 Data service and internet connection are required to use the Platform and the Services. The quality of and access to the Services depend on the quality of the data connection. The Customer shall solely be responsible for sufficient data service and internet connection service and its quality. The Customer understands that when using data service and internet connection, the fees of the respective service providers used by the Customer apply.
17.16 Certific is dedicated to improving the Platform. Therefore, Certific may, from time to time provide or make available updates or upgrades, including, without limitation, bug fixes, service enhancements, new features, deletion of existing functions, or modifications. Updates will be governed by these Terms and Conditions, unless separate terms and conditions and privacy statements are provided with such updates, in which case that separate terms and conditions and privacy statement shall govern the updates.
17.17 Certific shall not be responsible for the following, among others:
17.17.1 any permanent or temporary interruption, discontinuance, suspension or other type of unavailability of the Platform;
17.17.2 any interruption or cessation of transmission to or from the Platform;
17.17.3 any bugs, viruses, Trojan horses or the like, which may be transmitted to or through the Platform;
17.17.4 any decision made or any action taken by the Customer in reliance of the data or recommendations provided by us;
17.17.5 deletion of, corruption of, or failure to store any content or data;
17.17.6 any disclosure, loss or unauthorised use of the login credentials due to the Customer’s failure to keep such credentials confidential;
17.17.7 the incompatibility of technologies used for accessing the Platform, for example if certain features, functions, parts or elements of the Platform are designed for use on a mobile device using IOS software and do not function on other devices.
17.8 Except other than in the case of proven professional misconduct or negligence, the total aggregate liability of Certific for any claims, damages or Losses shall be limited to the amount which is equal to the amount actually paid by the Customer to Certific for the yearly use of the Platform in the year in which the cause for liability arose. If the fee paid by the Customer to Certific is 0 euros, then the entire liability of Certific shall be limited to 0 euros as well.
17.9 No limitations of liability shall apply if Losses are caused due to intent or gross negligence or constitute personal damage.
18.1 The use of the Platform and these Terms and Conditions, as well as the Services, the Testing Agreement and all legal relations formed thereunder will be governed by the laws of the Republic of Estonia. The Customer who is a consumer also enjoys the protection of the mandatory provisions of the law that would be applicable in the absence of this term.
18.2 If a dispute resulting from the Testing Agreement or the Terms and Conditions cannot be settled by negotiations, then the dispute will be finally solved in Harju County Court in Tallinn, Estonia. If the Client is a consumer, jurisdiction is determined in accordance with the mandatory provisions applicable to consumers and such Customers may also use the Online Dispute Resolution tool available at http://ec.europa.eu/odr.
18.3 The Customer may not use the Platform before the acceptance of the Terms and Conditions.
18.4 These Terms and Conditions shall automatically extend to any new features, functions, enhancements and developments in the Platform, including the release of new tools.
18.5 If any term, condition or provision of these Terms and Conditions is held to be invalid, unenforceable or illegal in whole or in part for any reason, that provision shall be enforced to the maximum extent permissible. The validity and enforceability of the remaining terms, conditions or provisions, or portions of them, shall not be affected.
18.6 The failure by Certific to exercise or enforce any provision of or any of the rights of Certific under these Terms and Conditions shall not mean that Certific has deemed a waiver of future enforcement of that or any other provision or right.
18.7 Non-performance of the obligations of Certific under these Terms and Conditions shall be excused if it is caused by force majeure. Force majeure in the meaning of these Terms and Conditions are circumstances which are beyond the control of Certific and which Certific could not reasonably have been expected to take into account, avoid or overcome the impediment or the consequences thereof which Certific could not reasonably have been expected to overcome.
19. CONTACT DETAILS AND NOTICES
19.1 All notices between the Customer and Certific (including any invoice, notice or other communication) in connection with these Terms and Conditions shall be communicated by e-mail or through the Platform.
19.2 The Customer undertakes to ensure, at all times, that his/her email address disclosed upon using the Platform is valid and in working order.
19.3 Any notice sent to the Customer’s email address provided upon registration and/or via the Platform shall be deemed to be received by the Customer after 1 (one) calendar day has passed from sending such notice, unless otherwise stipulated by the applicable legislation.
19.4 Contact details for Certific are as follows:
19.4.1 business name: Certific OÜ
19.4.2 registration code: 16050394
19.4.3 address: Tööstuse st 47d-69, 10416, Tallinn, Estonia
19.4.4 e-mail: email@example.com
19.4.5 website: https://certific.co/
19.5 Contact details for Healthcare Providers are provided on the Certificate and on the Platform.