DIAGNOST TERMS AND CONDITIONS
These Terms and Conditions (“T&C“) constitute the agreement between:
Health Monitor Consulting Ltd, a company registered a company incorporated in England and Wales under No. 11008398 whose registered office is at 33 St James’s Square, London SW1Y 4JS, UK (the “Company” or “us“) and
Yourself, the customer (the “Customer” or “you“) who has downloaded our mobile application “Diagnost” and/or accessed and registered on Diagnost website and intends to place or has placed an order for any of the Company’s services.
These T&C together with the Company’s Data Protection Policy (together referred as the “Terms“) shall apply to provision of all services by the Company, sale of any products and to any written correspondence and communications between the Company and the Customer. If there is any conflict between these Terms and any terms or conditions found elsewhere on our website, or in any written or verbal communication between you and us, these Terms shall prevail.
Any test results and/or comments provided by the Company in relation to those results are provided solely for the purposes of the Customer’s information. Although such results may provide a helpful guide to your health they are not intended to and shall not constitute any clinical diagnosis. The services provided via Diagnost application are not intended and shall not substitute for proper medical advice. The Company does not provide any medical advice or medical investigation services. Any general comments provided in relation to any of tests undertaken by the Customer are based on information available at the time on the basis of such tests, but it is not sufficient for a proper medical advice or investigation of the Customer’s specific health condition and/or problem. The Customer shall always seek the medical advice of a qualified medical practitioner should he has any concerns regarding his health or any specific test results. Depending on the results of the Customer’s tests the Company may recommend to see a qualified medical practitioner for further investigation. The Customer hereby agrees that it is his sole responsibility whether or not to seek any medical advice and/or conduct further medical investigation on the matter and the Company shall be under no liability if the Customer chooses not to seek any medical advice and/or conduct further medical investigation.
Only the Customer who is at least 18 years old may order tests using Diagnost application. The Customer using Diagnost shall provide certain personal information, including the name, address, gender and date of birth in order to purchase any of the Diagnost tests. The Customer’s name and date of birth are standard means of identifying biological samples at the Company’s associated laboratories.
There are tests sold by Diagnost that are specialist pathology tests. The Customer hereby agrees that he is solely responsible for selecting any tests and identifying tests suitable for him and intended purpose. The Customer shall always seek a medical advice of a qualified medical practitioner if in any doubt.
The Customer shall read our Data Protection Policy as it includes important terms which apply to the Customer.
How to contact the Company:
For contacting the Company for any reason, including cancelling a Contract (as defined in below) or to make a complaint, please contact us by e-mail using the online form on our website under the “Contact Us” section: firstname.lastname@example.org
In the email please include your order confirmation number. If the Company needs to contact the Customer, it will be done by e-mail or phone using the contact details provided by the Customer in his order. By providing the Company with his contact details the Customer gives us his consent to contact him about the Diagnost services (as defined in Clause 1 below). It is the Customer’s responsibility to ensure that his contact details are kept up-to-date.
Clause 1: DIAGNOST SERVICES
1.1 The Company provides an online service whereby the Customer can order a medical test using a mobile application “Diagnost”. The description of each test is contained in the Diagnost application. The tests are can be either taken at home by the Customer or the Customer shall attend a clinic to have a sample taken by a phlebotomist. A testing kit will be posted to the Customer once a test is ordered.
1.2 Any test samples taken using the testing kit provided must be sent back to us in accordance with the given instructions.
1.3 The test results and any accompanying interpretation will be uploaded to the Customer’s Diagnost account.
1.4 The Company may contact the Customer by email or by telephone regarding any test results if required and/or necessary.
1.5 Clauses 1.1 to 1.4 (inclusive) together make up the Service that the Company is providing to the Customer (“Service” or “Services“). The Service will be deemed to be delivered to the Customer once the test results have been made available under Clause 1.3 of these T&C.
Clause 2: SERVICE PRICES AND DELIVERY CHARGES
2.1 Diagnost Services prices and delivery charges will be as quoted by Diagnost application at the time you submit your order. The price of an order includes VAT at the applicable rate chargeable in the UK at the time of placing the order.
2.2 Diagnost Services prices may change from time to time, but changes will not affect any order already placed by the Customer.
Clause 3: THE CONTRACT BETWEEN THE CUSTOMER AND THE COMPANY
3.1 The Diagnost application will guide the Customer through the steps he needs to take to place an order with the Company. The order process allows the Customer to check and amend any errors before submitting it.
3.2 Payment can be made by using a debit or credit card including MasterCard, Visa, American Express. Any payment must be received by the Company in full in cleared funds prior to order processing. Once payment is received, The Company will confirm the acceptance by sending a confirmation email (the “Confirmation“). The contract between the Company and the Customer (the “Contract“) is deemed to be entered into on the date the Company sends the Customer a Confirmation and dispatches the testing kid.
3.3 The test is valid for 90 days from the date of posting of the testing kit to the Customer (the “Testing Period”). If the Customer fails to send a sample to the Company for any reason whatsoever within the Testing Period the test order will automatically expire and the Customer will not be entitled to a refund.
3.4 If the Company is unable to perform a test you have ordered for any reason, it will inform the Customer by email or by phone and in such case the Confirmation will not be issued. If the Customer has already paid for the test the refund will be processed within 5 business days. A business day means any day other than a Saturday, Sunday or public holiday in the UK (“Business Day“).
3.5 The Customer provides his informed consent to perform an ordered test by purchasing such a test and sending a sample to the Company.
Clause 4: DESPATCH AND DELIVERY
4.1 After the relevant payment has been processed and the Customer has received a Confirmation he will be sent a testing kit (if required) by first class post or by courier service (if such has been ordered). The Company itself does not guarantee the arrival time of the testing kit.
4.2 Any delivery of a testing kit shall be deemed to be completed upon the first delivery attempt to the address provided by the Customer.
4.3 The Customer shall be solely responsible for the testing kit and sample from the time of a test kit delivery to the Customer until such time when it reaches the Company for analysis. If the Customer loses or damages his testing kit, the Company will send the Customer a replacement kit subject to additional delivery payment and other expensescovered by the Customer.
4.4 Should a testing kit arrive damaged in the post, the Company will send a new testing kit at its own expense as soon as it receives the relevant notification and proofs from the Customer.
Clause 5: TESTING
5.1 All samples of blood, tissue, bodily fluid, or any other biological sample will be analysed only in relation to a test ordered.
5.2 The Company will provide clear instructions on how to take the test when the test order is placed with special sample requirements and the Customer is expected and required to follow these instructions carefully to ensure reliable test results.
5.3 The Customer must send samples to the Company within the time specified in the instructions. Failure to do so may lead to deterioration of a sample which could affect the accuracy of the test results. The Company does not accept responsibility for results that are compromised due to delays in returning samples or where samples are lost in the post.
5.4 The Customer shall notify the Company that he has sent the sample to the Company by logging onto his Diagnost account and confirming the date of such sample dispatch.
5.5 Sometimes the Company’s associated laboratory may not be able to test a received sample due to insufficient amount collected for full analysis, due to sample being deteriorated or clotted or because it has haemolysed. If the laboratory cannot test a sample, the Company will send another testing kit to the Customer to repeat the process and the Customer shall pay for the associated delivery charges and other expensesfor the new testing kit.
5.6 There is a corresponding estimated turnaround time for every test which is an estimate of the time it will take for a sample, once received by the laboratory, to be tested and the test results made available. The Company does not guarantee that test results will be available and be uploaded in the Customer’s Diagnost account in the estimated turnaround time.
Clause 6: ORDER CANCELLATION
The Customer cannot cancel the order after the order has been placed and the Confirmation issued to the Customer.
Clause 7:LIABILITYOF THE COMPANY
7.1 The Services are provided for the Customer’s private use and not for any commercial purpose.
7.2 The Company’s total liability resulting from a Contract is limited to the total value of that Contract which is the actual price that the Customer paid for the Service. The Company is not liable for any costs, loss, delay, inconvenience or damage the Customer may suffer as a result of:
7.2.1 the Company’s associated laboratory being unable to test the sample for any reason;
7.2.2. the sample being lost, delayed or damaged while being posted at any stage of the order;
7.2.3 any injury the Customer may suffer when using finger-prick lancets;
7.2.4 any infections the Customer may get in case of bad disinfection of skin;
7.2.5 test results being unavailable within the estimated turnaround time;
7.2.6 failure by the Customer to follow the provided instructions in relation to sample collection or pre-sample preparation requirements, such as fasting; as well as his failure to send a sample for testing within the specified period as set out in Clause 5.3 above;
7.2.7 failure by the Customer to obtain a medical advice if such action is recommended by the Company following the test;
7.2.8 any unforeseeable loss or damage;
7.2.9 any force majeure events as described in Clause 8.
7.3 The Company does not in any way exclude or limit its liability for:
7.3.1 fraud or fraudulent misrepresentation;
7.3.2 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession) as amended by the Consumer Rights Act 2015;
7.3.3 any breach of the terms implied by section 9 to 11 of the Consumer Rights Act 2015 (description, satisfactory quality, fitness for purpose and samples); and
7.3.4 defective products under the Consumer Protection Act 1987.
Clause 8: FORCE MAJEURE
Neither party (the “Affected Party“) shall be in breach of the Contract nor liable for delay in performing, or failure to perform, any of the Affected Party’s obligations under the Contract if such delay or failure result from events, circumstances or causes beyond Affected Party’s reasonable control. In such circumstances the Affected Party shall be entitled to a reasonable extension of the time for performing such obligation. If the period of delay or non-performance continues for three monthsthe other party may terminate this Contract by giving 5 BusinessDays’ written notice to the Affected Party.
Clause 9: CHANGES TO THESE TERMSAND CONDITIONS
9.1 The Company has the right to amend the T&C from time to time.
9.2 The T&C in force at the time of placing an order will apply to the relevant Contract between the Customer and the Company.
9.3 If the Company amends T&C applicable to a specific order, the Company will notify the Customer accordingly. If the Customer is not happy with the changes he may cancel the order in accordance with Clause 6.
Clause 10: MISCELLANEOUS
10.1 The Company may transfer its rights and obligations under a Contract to another organisation, but this will not affect the Customer’s rights or the Company’s obligations under the T&C.
10.2 A person who is not a party to the Contract between the Company and the Customer may not enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999.
10.3 Should any court or relevant authority decides that any of the paragraphs of these T&C are unlawful or unenforceable, the remaining paragraphs of the T&C shall remain in full force and effect.
10.4 These T&C and any Contract for purchase of Services via Diagnost mobile application are governed by and are to be construed in accordance with English law.
10.5 The Customer and the Company both agree to submit to the non-exclusive jurisdiction of the English courts as regards any claim or matter arising out of or in connection with these T&C or any Contract for purchase of Services.