Terms and Conditions

Test-to-Fly - Terms & Conditions

Testing is a biological process involving significant complexity and variability, and consequently, no testing regime for COVID-19 is 100% accurate in all cases. A negative result does not guarantee that the test subject is free of the COVID-19 virus, nor does a positive result guarantee that the test subject has active, infectious COVID-19.

All testing is conducted on this basis. These Terms and Conditions (Terms) apply to the provision of pre-departure PCR saliva-based COVID-19 testing provided by Rako Science Limited (Rako).


  1. Defined terms & interpretation 
    In these Terms: 

    • Client means the individual identified on the order form who is requesting the Service; 

    • Results means the test results provided to the Client by way of a password protected e-certificate; and 

    • Service means the provision of Rako’s accredited PCR saliva-based COVID-19 test and the corresponding Results. 

  2. The Service 

    • The Client is solely responsible for selecting the Service and for determining whether the Service is suitable for the Client’s intended purpose and needs.  

    • Any sample provided by the Client will be analysed only in relation to the specific test the Client has selected on the order form. 

    • By submitting an order form to Rako, the Client gives their informed consent for Rako to obtain a suitable sample from the Client and perform the requested Service in accordance with these Terms. 

    • Rako will use its reasonable efforts to email the Client with the Results within 28 hours from the time when the Client’s sample is taken. Rako accepts no responsibility or liability in relation to the ongoing security of Results once they are sent to the Client.  

    • Any saliva sample provided by the Client for the purpose of receiving the Service will be collected, tested, and retained in accordance with the Human Tissue Act 2008.  

    • Rako will perform the Service with due care and skill and comply with all laws and regulations that apply to the provision of the Service in New Zealand. 

  3. Service Fee 

    • The relevant service fee must be paid in full prior to receipt of the Service.  For a list of current service fees, please check the Rako Science website.  

  4. Client Information 

    • All Client information collected by Rako will be handled in accordance with the Privacy Act 2020, the Health Information Privacy Code 2020, and Rako’s Privacy Policy available at https://www.rakoscience.com/privacy-policy.   

    • The Client acknowledges and accepts that Rako is required to collect, use and disclose the Client’s information to enable it to perform the Service and to comply with its statutory and legal obligations.  In particular, if the test results show a positive indication of the COVID-19 virus, as a notifiable disease, Rako reserves the right to contact a Medical Officer of Health and/or local health authorities as may be required by law.  

    • The Client consents to Rako using de-identified information derived from the performance of the Service (including test results) for the purpose of improving and developing the Service, producing insights and analysis, and other research and development purposes undertaken by Rako and its partners.  

  5. Service Limitations. 

    • The Client acknowledges that the Service is limited to confirming a positive or negative indication of the COVID-19 virus at a particular point in time.  

    • Rako accepts no responsibility or liability in relation to the inability to process any sample as a result of insufficient quantity or quality of the sample provided.

    • Rako does not provide any interpretation of or engage in further discussions with the Client about the Results.  

    • Rako recommends the Client obtains specific medical advice from a registered health practitioner before acting or relying on the Results.    

    • The Client is solely responsible for the interpretation of the Results, and any use of the Service or reliance on the Results is at the Client’s own risk.  

  6. Consumer Guarantees Act 1993 

    • Where the Client is a ‘consumer’ for the purposes of the Consumer Guarantees Act 1993 (CGA), nothing in these Terms is intended to exclude, modify or limit any implied condition, warranty, right or remedy available to that Client under the CGA.  

  7. Liability 

    • The Client acknowledges and agrees that Rako will not be responsible or liable for any loss or costs incurred by the Client arising from third party travel disruptions, airline scheduling changes, flight delays or cancellations (including the need for any secondary or subsequent test).   

    • In no event will Rako be responsible or liable to the Client for any failure or delay in providing the Service that is caused or contributed to by factors outside of Rako’s control.  

    • Government and airline requirements in relation to pre-departure testing change frequently.  The Client is solely responsible for independently verifying its travel requirements before making a booking for the Service and/or relying on the Results.  Rako does not accept any liability for any loss or costs incurred by the Client in the event the Results are not accepted by, or do not meet the requirements of, any particular airline or government authority (e.g. due to timing, format of the Results, changes to local regulations etc). 

    • Except for any liability of Rako arising under the CGA, each party’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise, arising in connection with these Terms and the performance of the Service shall be limited to the value of the Service Fee. 

  8. No waiver 

    • A waiver of any right under these Terms is only effective if it is in writing and signed by or on behalf of the waiving party. 

  9. Severability 

    • If any provision contained in these Terms is held to be invalid or unenforceable by any judicial or other competent authority, all other provisions of these Terms will remain in full force and effect and will not in any way be impaired. 

  10. Entire Agreement 

    • These Terms constitute the whole agreement between the parties and supersedes all previous agreements, documentation, representations or discussions relating to its subject matter.   

  11. Governing law 

    • These Terms are governed by New Zealand law and the courts of New Zealand shall have exclusive jurisdiction. 

Website Terms & Conditions

By using or accessing this Website, you agree to be bound by these Terms and Conditions. If access and use is on behalf of another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms.

We reserve the right to amend these terms at any time. You are deemed to be aware of and bound by the amendments to the terms upon publication on the Site. Any use of, or access to, this Website after the effective date of an amendment will constitute deemed acceptance of those changes. You should review the terms periodically and before giving any information or confirming it to us.




  • Data means any data that we, at our discretion, provide or make available to you through the Website.

  • We means Rako Science Limited, its successors and assigns. “Our” and “us” have a corresponding meaning.

  • You means the person accessing or using the Website, or the company or legal entity that you represent, and “your” has a corresponding meaning

  • Website means the Internet sites at the domain onboard.rakoscience.com, www.rakoscience.com, or any other site or App operated by Rako Science Limited.

Use of and access to the Rako Science Website

  1. To access Data through the Website, you must register an account. You are responsible for maintaining the security of your account and any Data accessible through it.

  2. Where you have registered an account with us on the Website, we grant you a non-exclusive, non-transferable licence to view, copy and print the Data for your non-commercial; or personal use. All requests for permission for further use of the Data must be in writing and should be sent to support@rakoscience.com.

  3. You must not:

    1. reproduce, adapt, copy, distribute or incorporate in any other work, in whole or in part, any Data or other content from this Website, including any trade mark appearing on the Website, without our express written permission;

    2. use the Website or Data for any illegal activity, or for any activity that would cause us to breach any law;

    3. use the Website or Data in any way that may bring us into disrepute, or for any activity that is inappropriate; or

    4. create a link to the Website (or any part of the Website) from any other website, without our prior written consent.

    5. use the Website in any manner which violates any of our rights or which is otherwise prohibited by these terms.

  4. You must ensure that all usernames and passwords required to access the Website are kept secure and confidential. You must immediately notify us of any unauthorised use of your passwords or any other breach of security and you must take all other actions that we reasonably deem necessary.

  5. You must obtain our written permission to establish a link to our Website. If you wish to do so, email your request to support@rakoscience.com


  1. Any Data we supply or make available to you under these Terms is supplied on an “as is” and “as available” basis, without warranties of any kind, and your use of the Data is at your sole risk.

  2. We reserve the right to change the Data (including the file structure of the Data) at any time.

  3. Any Data that is the property of third parties may be subject to third party terms and conditions as well as the terms contained herein (Data Terms).

  4. You agree to comply with the Data Terms notified by us in writing from time to time.

  5. If you breach any of the Data Terms, we may immediately terminate your access to the Website.

  6. We may track your use of the Website in order to identify any use outside of the permitted uses set out in these Terms.

Intellectual Property

  1. Nothing in these Terms constitutes a transfer or licence of any of our intellectual property rights, including any intellectual property rights that we have in and to the products, systems, information, Data, or other content that is referenced, displayed or available through the Website.

  2. You agree not to adapt, alter or create a derivative work from any Data or other content available through the Website except for your own non-commercial use.

  3. To the extent that you are able to upload any information to the Website, you grant us a non-exclusive, royalty-free, perpetual, worldwide licence to use that information. Where such information is personal information, we will use, store, and disclose that personal information in accordance with our Privacy Policy. You agree you will not upload any information to the Website that in any way violates or infringes (or could reasonably be expected to violate or infringe) the copyright, identity, registered trademark or intellectual property rights of another person.


You acknowledge that you have read and understood the terms of the privacy policy attached to this Website (Privacy Policy). You agree that we may use and disclose information about you in accordance with the terms of the Privacy Policy. You also agree to check the Privacy Policy on a regular basis and to let us know if you object to use or disclosure of information about you in accordance with any updated statement.


You indemnify and hold us and our subsidiary companies, officers, employees and agents harmless and keep us indemnified from and against all loss, actions, proceedings, costs, expenses (including legal fees), claims and damages incurred or suffered by any of them arising from your access to and/or use of the Website. Without limiting the forgoing, you will indemnify us against any claims or loss relating to any third party claim that you do not have the right to use any information that you have uploaded to the Website, or that your use or our use of any such information in accordance with these Terms or the Privacy Policy is a breach of a third party’s intellectual property rights.

Additional Terms

You must:

  1. not use any of our trademarks or logos without our express written approval;

  2. comply with all guidelines and requirements issued by us regarding use of any of our trademarks or logos; and

  3. not remove or tamper with any logos, business names or trademarks, or disclaimer or copyright notice attached to or used in relation to the Website or our services.

Warranties and liability

  1. Access to and use of the Website are entirely at your own risk. To the maximum extent permitted by law, we exclude all warranties, representations, and (whether express or implied), including any warranties of availability, merchantability, fitness for purpose or non-infringement.

  2. In particular, you acknowledge that we and our related companies do not warrant or represent that the Website will operate without interruption, will be error-free, be free of any virus or other harmful elements, or will meet your requirements or that all errors can or will be corrected.

  3. We do not warrant that the Website will be compatible with your equipment, secure, or that the Data will be free from errors, loss, destruction, interruption or corruption.

  4. You acknowledge that the Consumer Guarantees Act 1993 does not apply to the Tools or the Data, Website or Blog.

  5. You acknowledge and agree that we shall not, in any circumstances, be liable for any loss, injury or damage (even if we have been advised of the possibility of such loss, injury or damage, and including, without limitation, any injury, direct loss, indirect loss, consequential loss, loss of profits, business interruption loss or loss of data) suffered by you or any other person or parties in connection with these Terms, (other than warranties or conditions which may not lawfully be excluded).

  6. Subject to the exclusions of liability above, and to the extent permitted by law, our maximum liability to you in connection with any claims arising from your access to or use of our Website or the Data, will not exceed $100.

Third party websites

  1. You agree that we are not responsible for, nor do we endorse, any third-party websites or content which you access in the course of using this Website.

  2. Any sites linked to the Website by hyperlinks are not under our control. We are not responsible for, and make no representations or warranties concerning, any linked sites.

  3. Any dealings you have with third parties via the Website are your responsibility, including where you provide access to your personal information to a third party. Should a dispute arise between yourself and any third party due to use of the Website, we may assist you to resolve the dispute but will not be responsible for any loss or damage you suffer as a result of that use.



  1. These Terms, and any dispute relating to these Terms are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms.

  2. Without limiting any other part of these Terms, we will not be responsible or liable for any failure or delay due to any cause, whether arising out of our negligence or beyond our reasonable control or any failure by you to comply with these Terms.

  3. No failure or delay by either of us to exercise any right or remedy under these Terms will be construed or operate as a waiver of such right or remedy, nor will any single or partial exercise of any right or remedy preclude the further exercise of such right or remedy. No waiver will be effective unless in writing and signed by the relevant party.

  4. If any provision of these Terms is held invalid, unenforceable, or illegal for any reason, our agreement with you will remain otherwise in full force apart from such provisions, which will be deemed deleted.