Terms of Use

These terms of use apply to the use of www.testdiagnostics.com and the supply of all Testing services by our contracted laboratory and Home Test Kits (hereinafter referred to as the services/kits) supplied by our contracted laboratory or listed on www.testdiagnostics.com (hereinafter referred to as TestDiagnostics, we, us). By placing an order for any of the Services, tests or kits provided, you agree to be bound by these terms of use and the terms of use of our contracted laboratories.

You are deemed to have read and understood these terms of use. If you do not understand and agree to these terms of use you should not use this service.

TestDiagnostics

TestDiagnostics.com is a website owned and operated by Test Diagnostic Ltd, a company registered in England and Wales under company number 07867766, with registered office situated at 78 York Street, London, United Kingdom, W1H 1DP.

Contracted Laboratory

Laboratory - A Clinical Pathology Accreditation (CPA) laboratory or another appropriately licensed laboratory contracted to provide laboratory testing services.

You

By placing an order on TestDiagnostics, you warrant and agree that:

a. you are legally capable of entering into binding contracts; and

b. you are at least 18 years old.

If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access in order to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.

Please ensure that the details you provide are correct and complete. You should inform us immediately of any changes to the information that you provided when registering. TestDiagnostics reserves the right to refuse access to the website and or terminate accounts at our sole discretion.

Delivery

All Kits will be sent out to you by our contracted laboratory.

Our contracted laboratory will take all reasonable steps to meet the delivery date set out on the website or as otherwise agreed. It is noted that delivery may be affected by factors beyond our reasonable control and as a result cannot be guaranteed. Should we become aware of any unexpected delay we will notify you and arrange a new delivery date.

In the event that you fail to take delivery of a Kit then, except where this failure is a result of our failure to comply with these terms of use or as a result of an event beyond your reasonable 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.

If our contracted laboratory is unable to deliver the Kit within the time scale set out due to operational reasons or shortage of stock, the Kit will be delivered to you as soon as it becomes available. If the Kit cannot be dispatched or is no longer available, you shall be entitled to cancel the order and receive a full refund in accordance with our refunds policy.

Cancellation and Returns

You may cancel and order at any time prior to dispatch. Should your order be cancelled prior to dispatch you will be entitled to a full refund in accordance with our refund policy as set out below.

Where an order is cancelled after the Kit has been despatched, the Kit must be returned as soon as possible in its original and unopened packaging. You agree to bear the full cost of return under these circumstances. Please note that you have a legal obligation to take reasonable care of the Kit whilst it is in your possession. Should you fail to comply with this obligations under this clause we have the right to seek compensation for damages or loss etc. We reserve the right to consider action against you at our sole discretion.

In the event that a Kit delivered to you under these terms of use is damaged, faulty or in some other way unusable in accordance with the instructions provided, you are required to 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.

Your Obligations

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 our contracted laboratory for testing within the time limit specified in the Kit.

Any samples provided by you in accordance with instructions shall be submitted to our contracted laboratory for the purpose of carrying out the tests forming part of your order.

Failure to comply with these provisions will not entitle you to a refund and may affect the accuracy of the results of any tests carried out on your behalf.

Our contracted laboratory reserve the right to refuse to process a Kit returned to us for processing if such Kit is not received within 6 months from the date of dispatch.

Refunds Policy

If you cancel an order in accordance with the relevant clauses above, we will process the refund due to you as soon as possible. We aim to process all refunds within 28 days from the date on which you provided us with your written notice of cancellation.

All refunds will be considered on a case by case basis and deductions may be made for any applicable delivery charges incurred etc. The cost of returning the item to us will be borne by you.

Refunds will be made you using the same method originally used by you to pay for your purchase.

Our Liability

The information contained on this website is provided on an AS IS basis, and we expressly disclaim any and all warranties, express or implied, with respect to the information, to the fullest extent permitted by law. We hereby exclude liability for any claims, loss, demands or damages of any kind whatsoever with respect to our services, information and materials given by us including, without limitation, direct, indirect, incidental or consequential loss or damages, the foregoing will apply whether such claims, loss or damages arise in tort, contract, negligence, under statute or otherwise.

The manufacturer of each product bears sole responsibility for any warranty associated with a product. To the maximum extent permitted by law, the company disclaims any warranties and conditions, express or implied, in respect of the products and services contemplated by these terms of sale, including, without limitation, implied warranties and conditions of merchantability and fitness for a particular purpose. Responsibility for claims in respect of the products is limited to replacement of the product.

You agree that to the fullest extent permitted by law that TestDiagnostics makes no representations or warranties with respect to any kit, information, advice or action relied upon by any person using any service provided.

We do not warrant that information provided will meet your health or medical requirements. You are required to contact the relevant health professional if you are concerned about your health.

TestDiagnostics does not warrant that the website or this service in general will be either available without interruption or error-free or that the website, server, hardware and software that support the TestDiagnostics service are free from viruses or something that may interfere with the normal operations of your systems. TestDiagnostics will not be liable for any loss or damage resulting from the transmission of data that may occur during communications.

To the fullest extent permissible by law TestDiagnostics will not be held responsible for any information that is inadvertently omitted from this service or for any errors that are inadvertently included within the service.

TestDiagnostics will not be liable for any loss, damage or delay that results from you having to collect an item that relates to this service that needs to be collected from a post office because there was no-one to sign for a delivery at the shipping address you provided.

TestDiagnostics will not be liable for any loss or damage if someone signs for a delivery related to this service at the shipping address that you provided yet fails, for whatever reason, to deliver the item to you in person.

To the fullest extent permitted by applicable law TestDiagnostics disclaims any liability resulting from the provision of services by third party providers. Liability shall rest with the appropriate third party provider and shall not under any circumstance be deemed to rest with TestDiagnostics.

TestDiagnostics will not be held responsible for loss or damage that arises as a result of the remote nature of this service and you are advised to seek the advice of a health professional should you require further support or counselling.

TestDiagnostics may link to third party websites. TestDiagnostics does not endorse the policies, practices, or opinions expressed on these sites and does not make representations or warranties as to the accuracy or any other aspect of the information contained on these websites.

Submission of a sample with completed order form constitutes a Test Service and authorises the Laboratory to commence the testing process and incur the associated fee. If after submission of same an order is cancelled, the fee is non refundable.

TestDiagnostics Limited cannot accept responsibility for errors or omission by the sampler or their agent for the Test Service, nor for samples delayed or mislaid by third party postal services.

In the event that the samples for the Test Service provided are inadequate (by either / or quality or quantity) for the purposes of conducting a sexual health testing service or DNA analysis, TestDiagnostics Limited reserve the right to request further samples for submission to our contracted laboratory.

Any samples submitted for the Test Service on swabs or collection pots other than that supplied by our contracted laboratory, samples damaged or potentially compromised in transit, or samples supplied with poorly completed and verified order form may be destroyed by the laboratory at their sole discretion.

TestDiagnostics Limited will take all reasonable steps to ensure that the Test Service results and / or reports are provided within the advertised time frames but cannot accept responsibility for delays caused by third party, or parties or TestDiagnostics Limited.

TestDiagnostics Limited will supply the Test service results and / or reports only to the patient who has created the patient health record registration (or the legal representatives of).

All samples may be destroyed after the test service results have been supplied to the registered patien.

TestDiagnostics Limited do not make any promise that your use of this website will be uninterrupted, reliable or error free or that its contents will be accurate or complete. All liability arising out of or in connection with your use of this website and/or reliance on its content is excluded. We do not accept any liability for losses or damages, whether direct or indirect that you may suffer as a result of your use of this website (including but not limited to computer service or system failure, access delays or interruption, data non-delivery or mis-delivery, computer viruses or other harmful components, breaches of security or unauthorised use of the system arising from "hacking" or otherwise). However, notwithstanding the above, nothing in these Terms shall exclude liability for death or personal injury resulting from our negligence or that of our employees, agents or authorised representatives or for fraudulent misrepresentation made by us, our employees, agents or authorised representatives or for any other liability the exclusion of which would not be permitted under English Law. Any alleged claim for damages as a result of omission or malpractice shall be limited to £100.00 in respect of each test service application. Any such claim will not be accepted unless it is made in writing within six months of the test service date.

By proceeding with any test you are formally providing your informed consent to undergo a specific test eg STI and/or STD test.

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 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 Doctor or contact a member of our team who will be able to arrange a further appointment or test for you.

Communication

When using our site, you accept that communication with us will be predominantly electronic. We will contact you by e-mail or provide you with information by posting on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information, test results and other communications that we provide to you will be sent electronically and will comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

Notices

All notices given by you to us must be given to TestDiagnostics Ltd support@testdiagnostics.com. 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 above. Notice will be deemed to have been 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.

Transfer Of Rights and Obligations

The contract between you and us is binding on you and us and on our respective successors and assignees.

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.

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.

Force Majeure

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).

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:

1. strikes, lock-outs or other industrial action;
2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
5. impossibility of the use of public or private telecommunications networks; and
6. the acts, decrees, legislation, regulations or restrictions of any government.

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.

Waiver

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 of use, 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.

A waiver by us of any default will not constitute a waiver of any subsequent default.

No waiver by us of any of these terms of use will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the notices clause above.

Severability

If any of these terms of use 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.

Entire Agreement

These terms of use 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.

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 of use or the documents referred to in them.

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.

Variation of These Terms of use

We have the right to revise and amend these terms of use 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 systemsí capabilities.

You will be subject to the policies and terms of use in force at the time that you order Services from us, unless any change to those policies or these terms of use 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 of use 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 of use, unless you notify us to the contrary within seven working days of receipt by you of the Services).

Law and Jurisdiction

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 English 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 courts of England and Wales.