Conditions of Sales and Services
Last Updated: June 29, 2020
1. How These Conditions Work
LetsGetChecked allows customers to access secure laboratory testing from the privacy of their own home. To avail of Services you must purchase a Product, either from the Site or from a retail location.
YOUR PURCHASE OF A PRODUCT OR SERVICE CONSTITUTES YOUR AGREEMENT TO THESE CONDITIONS AND THESE CONDITIONS ARE A LEGAL AGREEMENT BETWEEN YOU AND US. BY PLACING AN ORDER FOR PRODUCTS AND/OR SERVICES, YOU ARE ACCEPTING AND AGREEING TO THESE CONDITIONS. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THESE CONDITIONS.YOU REPRESENT AND WARRANT THAT ALL INFORMATION THAT YOU HAVE PROVIDED TO US IS ACCURATE AND COMPLETE AND IN NO WAY MISLEADING GIVEN THE CONTEXT. YOU ALSO REPRESENT AND WARRANT THAT YOU ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OF RESIDENCE TO PURCHASE AND USE THE PRODUCTS & SERVICES AND TO ENTER INTO THESE CONDITIONS. IF YOU DO NOT AGREE WITH ANY OF THESE CONDITIONS, DO NOT PURCHASE THE PRODUCTS OR SERVICES.
Defined terms have the meaning given to them in Section 17 of these Conditions or where defined in the body of these Conditions.
2. Who We Are
The Products and Services are provided by PrivaPath Diagnostics Limited, a company registered in Ireland, with registered number 531029 and with a registered office at Unit 3, Adelphi House, George's St. Upper, Dun Laoghaire, Co. Dublin, A96 NY82, Ireland (the "Company" or "we" or "us"). LetsGetChecked is a registered business name in Ireland of the Company, registered number 516223.
3. We Do Not Provide Medical Advice
The information provided through the Site, the Services, Test Information, and the Products are for general guidance only and are not a substitute for professional medical advice. Neither the Site nor our Services, Test Information, or Products constitute medical advice and you should always seek the advice of your physician or other registered healthcare professional with any questions you may have regarding any Test Information or status of your health.
4. Online Order Procedure, Payment, Delivery and Cancellation
4.1 We will not accept Orders from users whose IP address is outside, or where the user is resident outside, the countries from where we will accept Samples. When you purchase the Products and Services and access the Site, you confirm (i) that you are 18 years of age or older; (ii) that you are resident in countries where we will send test kits and accept Samples and you are accessing the Site from an IP address in one of those countries; (iii) that you are using the Site in your own name and not on behalf of anyone else; (iv) that you will not allow any other person to use the Site, Products, and Services under your name, nor will you, in using the Products, Services or the Site, pretend you are someone else, or seek to disguise your identity; (v) that you are only using the Site, the Products and the Services for your own benefit and not for the purposes of providing Services to others; and (vi) all information that you provide is complete, accurate and not misleading in any way. If you provide any information that is untrue, inaccurate, non-current, misleading or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, non-current, misleading or incomplete, then we have the right to terminate or refuse any and all current or future access, sale, or use of the Services and/or Products (or any portion thereof), and you may be further liable for providing such information.
4.2 In order for us to process your Order, you must complete the Order submission process which requires you, among other things, to: (i) provide us with personal information including the delivery address for your Product, (ii) purchase a Product that permits use of the type of Sample you are willing to provide, and (iii) confirm that we may make the Test Information available to you through your online Account.
5. Orders and Availability
5.1 When you place an Order for the Product and Services through our Site, you will receive an email acknowledging our receipt of your Order. Your Order will be confirmed, and a binding contract formed, once we collect the purchase price and applicable taxes, and shipping costs from your selected payment method accepted by us ("Order Confirmation"). You should review the invoice immediately upon receipt and notify us of any mistake; no refunds will be issued once your Order is processed other than in accordance with the Cancellation Right detailed below.
5.2 All Orders are subject to review by a physician prior to acceptance by us, and we are under no obligation to accept an Order whether confirmed or not. In the event that a confirmed order is not accepted, a refund will be issued for any paid fees.
5.3 All Products and Services on our Site are subject to availability. In the event that you place an Order for Products or Services which are unavailable for shipment within two weeks, a refund will be issued for any paid fees upon your submission of a cancelation notice.
6.1 Unless otherwise noted, the prices listed for the Products reflect a single combined payment for the Products and Services. For Products ordered through the Site, the price includes standard delivery and return of the Product to the address provided by you and provision of the Services in accordance with these Conditions and the TOU. For Products purchased in a retail location, the price paid to the retail location may include the price for the provision of the Services in accordance with these Conditions.
6.2 For Products purchased through the Site, you agree to pay the price listed for the Product, the VAT and any other applicable sales or use taxes (to the extent applicable), delivery charges, and any other charges in relation to a Confirmed Order in advance by clicking on the payment button on the Site and following the required procedure.
6.3 By providing a credit card or other payment method accepted by us, you represent and warrant that you are authorised to use the designated payment method and that you authorise us (or our third-party payment processor) to charge your payment method for the total amount of your Order. If the payment method you provide cannot be verified, is invalid, or is otherwise not acceptable, your Order may be suspended or cancelled until you are able to resolve the payment issue.
7.1 The Product is normally dispatched within two business days of Order Confirmation to the delivery address you provide during the Order submission process, but delivery times may vary. We may be unable to change the delivery address after the Order Confirmation.
7.2 Delivery dates advised by us in an Order Confirmation (consisting of a delivery date for the Product and a date for the provision of the Test Information) are approximate and we will not be liable for any loss or damage due to our failure to meet scheduled delivery dates or for failure to give notice of delay. Time for delivery shall not be of the essence. A Product may be shipped by us to the agreed delivery address in advance of any scheduled delivery date.
7.3 Risk of loss in a Product passes to you upon delivery of the Product to the agreed delivery address.
7.4 If you receive the wrong Products, damaged/faulty Products, or if certain items are absent from the Product, then please contact us within seven (7) days of receipt of the Product the following information: the Alpha code, Numerical code and Order ID (or description of the Product), and description of the missing or faulty item(s). Upon receipt of such notice we will arrange for a replacement Product to be sent to you as soon as possible.
8. Cancellation Right
8.1 If you purchase a Product via the Site, you have the right to cancel the contract for the purchase of the Product within fourteen (14) days of delivery of the Product to you. For public health reasons, however, no cancelations of COVID-19 Test Kits can be accepted after a COVID-19 Test Kit has been shipped
8.2 To exercise the right to cancel, you must inform us of your decision to cancel in writing (e.g. a letter sent by contacting us). You must then promptly return the Product to us within fourteen (14) days from notifying us of your decision to cancel, at your own cost.
8.3 If you exercise your cancellation right under Section 8.1, we will reimburse to you all payments received from you for the Product (other than the differential increase in cost between the cost of standard delivery and an express delivery method selected by you if the Product was shipped), without undue delay and in any event, not later than fourteen (14) days from the date on which we receive the returned Product from you, or the date you provide us with evidence of having sent the Product back to us, whichever is earlier. We will reimburse you using the same means of payment as you used for the initial payment, unless you have expressly agreed otherwise. We will not charge you any fees in connection with the reimbursement.
8.4 The right to cancel an Order does not apply to Products that have been opened and the seal on the kit broken, as these Products are not suitable for return for health protection reasons.
9. Using the Services
9.1 In order to use the Services, you must set up an Account and register the Product to your Account in accordance with Section 5 of these Conditions. Failure to do so means you will not be able to access Test Information.
9.3 Due to the nature of the tests being performed, we cannot and do not warrant that the tests performed or Test Information provided as part of the Services will be entirely or 100% accurate. For example, sexually transmitted diseases and/or infections may remain undetectable for several months due to varying Incubation Periods (defined below). As such, repeat testing may be required. If you are unsure or if you require any further information, you agree to contact us or a registered healthcare professional for further information.
9.4 You acknowledge that the Test Information does not constitute a definitive diagnosis. As with all screening tests, in a small number of cases there can be incidences of false-positive and false-negative results. For example, a person with a negative non-reactive or not detected test result could actually have a condition despite the Test Information, or a person with a positive reactive or detected test could be free from a condition even though Test Information indicated they do have such condition. All positive, reactive or detected results must be verified by a physician or other registered healthcare professional through a confirmatory (diagnostic) test.
9.5 You acknowledge any Test Information does not constitute a definitive result. Low, Normal, or High readings do not constitute a definitive diagnoses and further testing will be required from your physician or other registered healthcare professional. For example, a person with an elevated PSA reading may not have prostate cancer or other form of prostatic disease. A person with a normal PSA reading may have prostate cancer or other form of prostatic disease. Abnormal or elevated PSA test results require further testing from a physician or other registered healthcare professional. Further, if test results are normal, but symptoms remain you should be examined by your physician or other registered healthcare professional.
9.6 The Services are limited to the Services as defined in Section 17 below. If you require medical advice or counseling in addition to the Services, you should seek the advice of your physician or other registered healthcare professional. In some events, an employee or contractor of LetsGetChecked may contact you regarding a test result, Product or Service. Such contact, and any discussions relating to it, are provided as a courtesy and not as part of the diagnosis or treatment of any disease or to be considered the practice of medicine, nursing or any other profession. In all events, seek the advice of a licensed clinician should you have any questions about tests or test results.
9.7 Any failure to comply with your obligations as outlined in this Section 9, particularly with regard to re-testing is entirely your responsibility.
9.8 You Acknowledge and Agree:
9.8.1 to take note of the Incubation Periods, information in relation to which is included on the Site. Incubation Period means the period of time, from an exposure to an infection to the time an infection becomes detectable within a person's body. Different infections have different Incubation Periods and can take several months or more to become detectable. For example, the HIV virus can up to 90 days to become detectable, while other viruses such as Hepatitis B and Hepatitis C can take from 180 days to become detectable. NOTE THAT AT THIS TIME THE INCUBATION PERIOD FOR THE 2019 NOVEL CORONAVIRUS IS CURRENTLY BELIEVED TO BE 14 DAYS, BUT COULD BE LONGER. IF YOU HAVE BEEN EXPOSED TO SOMEONE WITH THE CORONAVIRUS OR IF YOU HAVE ANY SYMPTOMS CONSISTENT WITH THE CORONAVIRUS, YOU SHOULD NOT BE IN CONTACT WITH OTHERS AND SHOULD SELF QUARANTINE AND STAY AT HOME FOR THE DURATION OF THE INCUBATION PERIOD REGARDLESS OF ANY TEST INFORMATION YOU RECEIVE. Incubation Periods can vary for everyone and it is recommended to retest:
if you tested before the relevant Incubation Period has passed (from the time of potential exposure);
if you suspect that the infection has subsequently developed; or
if you have been potentially exposed to any relevant infection in the meantime.
9.8.2 to comply fully with all instructions included with the Product and to return the Sample in the Product within the time set out in the Product Instructions;
9.8.3 THE COVID-19 POC TEST KITS PROVIDE ONLY AN INDICATION OF A POSITIVE OR NEGATIVE REACTION. THE COVID-19 POC TEST KITS ARE FOR SCREENING PURPOSES ONLY AND DO NOT PROVIDE A DEFINITIVE RESULT. FOR THE COVID-19 POC AND PCR TEST KITS, AS WITH ALL SCREENING TESTS, IN A CERTAIN NUMBER OF CASES THERE CAN BE INCIDENCES OF FALSE-POSITIVE AND FALSE-NEGATIVE RESULTS. THE PARTIES FURTHER ACKNOWLEDGE THAT THE COVID-19 POC AND PCR TEST KIT MAY NOT BE EFFECTIVE FOR MUTATIONS OF THE VIRUS.
9.8.4 to provide us with such information or evidence of identity as we may be required to obtain from you by applicable law from time to time;
9.8.5 to disclose to us honestly and to the best of your knowledge any information that may affect or impact the test result;
9.8.6 to use the Site, the Products and the Services only for lawful purposes and in accordance with these Conditions and you further agree not to induce fear, harass or be abusive to any of our staff, or the staff of our Accredited Laboratory;
9.8.7 to use the Site, the Products and the Services only for lawful purposes and in accordance with these Conditions and you further agree not to induce fear, harass or be abusive to any of our staff, or the staff of our Accredited Laboratory;
9.8.8 not to use the Products and/or the Services for resale or in any way that breaches any applicable local, national or international law or regulation; and
9.8.9 that when you submit an Order for the Services through this Site including acquiring one or more Products, through this Site, that you have selected the Products. Notwithstanding any descriptions of any Services or recommendations from the Site or any of our staff, you acknowledge that you have not relied upon any advice from us in terms of Product suitability or other medical issues.
10. Submitting the Sample
When submitting a Sample, you must fill and return the collection device in accordance with the instructions provided with the Product. If you do not provide an adequate Sample, utilize the Product in a manner that is contraindicated or not consistent with any instructions, or do not return the Sample within the instructed timeframe, we may not be able to provide you with the Test Results. Further, failure to return the Sample within the timeframe set forth in the Product instructions may result in inaccurate and unreliable readings of the Sample.
11. Setting Up Your Account
11.1 In order to use the Services, you must set up an Account and register the individual Product kit to your Account using the alpha code and numerical code of the Product. To open an Account, please go to the ‘account section’ in the registration area on the homepage of the Site and provide the details requested.
11.2 You agree that you will only set up one (1) Account with us through the Site. When you create an Account with us you agree to provide accurate contact details that can be used to contact you in relation to your Order, the Product or the Services. It is important that the details you provide us with are correct, accurate and complete and that you tell us promptly of any changes to these details. We will not be liable for delayed provision of Services, failure to provide the Services, or for communications that you do not receive, as a result of a failure or omission by you to provide accurate and suitable contact details.
11.4 To register a Product kit, go to the "Activate Test" section of the Site, sign into your Account (or create an Account if applicable) and provide the code from the Product kit as requested.
12. Test Information
12.1 You will be sent an email notifying you when Test Information has been made available to your Account. If your Test Information is negative or nonreactive, please refer to Section 9.8.1 and the relevant Incubation Periods for your Test. Further, if the Test is normal but you still exhibit symptoms, you should make an appointment with your physician or registered healthcare professional.
12.2 If you have a positive, reactive or detected result for any of our Tests you will need a further confirmatory / diagnostic test from a physician or registered healthcare professional.
12.3 The Services may include, in respect of a user whose Test information indicates a positive, reactive, detected or elevated Test Result, receiving a phone call from one of our staff in order to provide relevant information and to recommend or discuss any follow-up with a registered healthcare provider who can offer support to the user.
12.4 If you have concerns with the Test Information you should consult with your physician or another registered healthcare professional or contact a member of our team who will be able to direct you to other sources of support within the scope of the Services. If you purchase Products and Services and receive Test Information during an Incubation Period that is relevant to you, irrespective of the Test Information, you agree to retest either through us or through your physician or other registered medical practitioner once the Incubation Period has passed.
13. Disclaimers and Exclusion of Liability
13.1 As a consumer, you have certain legal rights. The disclaimers, exclusions and limitation of liability under these Conditions will not apply to the extent prohibited by applicable law. Nothing in these Conditions shall attempt to exclude or limit liability that cannot be excluded under applicable law.
13.2 SUBJECT TO CLAUSE 13.1, IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOSS OF DATA, LOSS OF REPUTATION, LOSS OF PROFITS, LOSS OF EMOTIONAL WELL-BEING CAUSED BY THE TEST INFORMATION, OR ANY LOSSES INCURRED BY ANY THIRD PARTY, ARISING FROM OR RELATING TO THE PRODUCTS OR SERVICES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
13.3 NOTE THAT AT THIS TIME THE INCUBATION PERIOD FOR THE 2019 NOVEL CORONAVIRUS IS CURRENTLY BELIEVED TO BE 14 DAYS, BUT COULD BE LONGER. IF YOU HAVE BEEN EXPOSED TO SOMEONE WITH THE 2019 NOVEL CORONAVIRUS OR IF YOU HAVE ANY SYMPTOMS CONSISTENT WITH THE CORONAVIRUS, YOU SHOULD NOT BE IN CONTACT WITH OTHERS AND SHOULD SELF QUARANTINE AND STAY AT HOME FOR THE DURATION OF THE INCUBATION PERIOD REGARDLESS OF ANY TEST INFORMATION YOU RECEIVE.
13.4 Subject to clause 13.1, our total cumulative liability arising from or in relation to the Product and/or Services, whether in contract or tort or otherwise, is capped at 100% of the amount paid by you for the Products and Services.
13.6 We shall not be obliged to provide the Services where you have failed to follow the instructions related to (i) ordering and account set up, (ii) providing and returning the Sample, and (iii) use of the Products.
13.7 The Product images on our Site are for illustration purposes only.
13.8 The provisions of this Section 13 in their entirety shall survive the expiration or termination of this Agreement.
14. General Legal Provisions
14.1 We shall not be liable or responsible for any delay in performance of, or default in our performance of any obligation under these Conditions or under an Order, caused directly or indirectly by any event beyond our reasonable control.
14.2 The construction, interpretation and application of these Conditions shall be governed by the laws of Ireland. Subject to Section 14.3, you agree to submit to the exclusive jurisdiction of the courts of the Republic of Ireland, in respect of any dispute arising out of or in connection with these Conditions.
14.3 If you are a consumer based in the European Union, you may benefit from any mandatory provisions of the law of the country in which you are resident. In addition, you may submit any dispute arising under these Conditions in the courts of the European Union member state where you habitually reside. Nothing in these Conditions, including the preceding paragraph, affects your rights as a consumer to rely on such mandatory provisions of law. You will be entitled to use the platform set up the European Commission for the resolution of disputes relating to online sales contracts (“ODR Platform”). You and we may use the ODR Platform to resolve disputes relating to online purchases through the assistance of an impartial body. The ODR Platform can be accessed at the following link: https://ec.europa.eu/consumers/odr/main/.
14.4 Failure or delay by us to enforce any of these Conditions will not constitute a waiver of our rights against you and does not affect our right to require performance thereof.
14.5 We may sub-contract or delegate the provision of the Services to any entity who provides services to us, to enable us provide the Services to you. No such sub-contracting or delegation shall relieve us of our obligations under these Conditions.
14.6 You are communicating with us electronically when you use the Site or send us an email. You agree that all agreements, consents, notices, disclosures and other communications between the parties that are sent electronically satisfy any legal requirements that such communications be in writing.
14.7 If any part of these Conditions becomes illegal, invalid, unenforceable, or prohibited in any respect under any applicable law or regulation, such provision or part thereof will be deemed to not form part of the contract between us. The legality, validity or enforceability of the remainder of these Conditions will remain in full force and effect.
14.8 These Conditions record the entire agreement between you and us with respect to their subject matter and supersedes all previous agreements, contracts, obligations, conduct, promises, representations, warranties and undertakings, whether written or oral, between you and us in connection with the subject matter.
15. Subscribe and Save Terms and Conditions
This Section 15 only applies to you if you enroll in our Subscribe & Save option.
15.1 Subscribe & Save involves subscribing to a single eligible test kit type over your chosen frequency. By purchasing a subscription, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Your subscription will continue and your payment method will be automatically charged for each successive subscription period at the then-current advertised percentage discount of the current market price for that test kit. Your credit card will be charged on the date stated on the Subscriptions page of your account for the applicable subscription period. We will charge the credit card you used when you created your renewal subscription or as otherwise directed by you. We may submit periodic charges (e.g. at the chosen subscription frequency) until you provide prior notice of cancelation or wish to change your payment method. Such notice will not affect charges before We could reasonably act.
15.2 When purchasing a subscription, if you choose to add express shipping, it will only apply to the first order. All future orders in your subscription will be sent by standard shipping at no cost.
15.3 To cancel your subscription, you may (i) logon to your Account and follow the cancellation procedures there, (ii) send us a message at email@example.com and we will do it for you, or (iii) call our customer support line at +353 1 513 6654 and speak with one of our customer care specialists who can help you cancel. Please note that standard call rates may apply. If you decide to cancel we recommend you do so at least 24 hours prior to the scheduled subscription payment date as subscriptions may be canceled without charge as long as we receive your cancelation prior to the scheduled subscription payment being processed. This is subject to change but we will let you know if there is a change in our cancellation policy as described in Section 15.8 below.
15.4 You can manage your subscription, including payment details and cancelation by logging into your Account, under the Subscriptions page.
15.6 We reserve the right to adjust the pricing for the test kits in any manner and at any time. LetsGetChecked will provide you with two (2) weeks’ notice via e-mail of a pricing change. If your billing date for a subscription period falls before the pricing change takes place, you will be charged the prior rate for that subscription period, if your billing date falls outside the two-week notice period, you will be charged the new price. We will set a date for this price to change, and it will depend on when your billing takes place, whether you get charged the current or new price for your next kit, but all future kits will be affected.
15.7 If your payment is declined, we will place your subscription on-hold for seven (7) days. We will be notified when the payment fails, and we or our vendor will attempt to process payment again in seven (7) days. If the second attempt on the seventh day fails, your subscription will be cancelled. If a payment is declined and you do not wish to wait seven days for re-processing, you may choose to update your payment information on your account and complete payment from your account. Cancellation due to failed payments does not incur any extra charges.
15.8 We reserve the right to adjust these Subscription Terms in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any changes to your subscription Plans will take effect following 30-days’ notice to you via the e-mail you provided at the time you enrolled in the Subscribe & Save plan.
16. Contact Us
If you have any concerns about material which appears on our Site, please contact us. You may also write to us at: Unit 3, Adelphi House, George's St. Upper, Dun Laoghaire, Co. Dublin, A96 NY82, Ireland
“Account” means the account held by us in your name and which holds the information submitted by you to us;
“Accredited Laboratory” means the laboratory(ies) that we may select as our testing services provider at any time, and which laboratory(ies) will be CPA (clinical pathology accreditation), INAB, CLIA approved or CAP accredited. In some cases, we may use a laboratory with additional certification or accreditation as required by applicable law or regulation or at our sole discretion;
“Cancellation Right” means your statutory right to cancel an Order placed via the Site, as described in Section 8;
“Order” means an offer by a user to purchase Services and one or more Products from us via the Site;
“Product” means a kit which enables you to take and store a Sample for testing as appropriate for the type of kit purchased and as sold by us;
“Sample” means a sample of your biological material such as saliva, blood, urine or stool as provided in accordance with the Product instructions;
“Services” means testing the Sample that you send to the Accredited Laboratory, and providing you with the Test Information;
“Subscribe & Save” means a subscription service for the delivery of Products and the provision of Services to you at specified intervals of time;
“Test Information” means the results from the Accredited Laboratory for the processed Sample, communicated to you by us via the Site and our staff, as applicable.
“You” or “your” means the user of the Site.