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Patient Terms of Use

Terms & Conditions for The Supply of Services to Users and/or Patients

1. Definitions

The concepts used in these Terms and Conditions (“Terms”) shall be understood according to the following definitions:

  1. We, Operator or DIAGU - DIAGU LTD. a company number registered in England and Wales with company number 14476936 and its registered office situated at West Point, Second Floor Mucklow Office Park Mucklow Hill, Halesowen, West Midlands, B62 8DY.
  2. Website - the DIAGU-owned website at getlabtest.com which the User may use to place an Order for a Patient using a User Account according to the Terms set out herein.
  3. You, User - any natural person with full legal capacity (having attained 18 years of age) who has entered or intends to enter into an agreement for the use of the Services via the Website. In most cases the User and Patient will be the same person unless the User is applying for a Service on behalf of the Patient.
  4. Patient - a natural person indicated at the time of Order placement by the User for whom the Services are to be provided. In most cases, this will be the same as the User.
  5. Order - a declaration of intent by the User via a User Account, constituting an offer to electronically Contract with DIAGU to provide services to the Patient via the Website, as specified in the Order under these Terms.
  6. Contract - a completed Order as a specified agreement under these Terms.
  7. User Account - a digital account service for an individual User and Patient on the Website,
  8. Services - the Service or Services available and/or provided to the Patient via a User Account on the Website.
  9. Sampling Services - the sampling of biological material (including blood, saliva, swab, urine, stool and other biological samples) by a nurse, phlebotomist, healthcare associate or professional, or any other duly authorised trained personnel to conduct a Test and/or perform the Services as indicated on the Website under these Terms. This can be conducted on-site in a Sampling Facility or by Mobile Sampling Services.
  10. Test - laboratory diagnostic tests performed by a laboratory cooperating with DIAGU under these Terms selected for or by the User on the Website. The Test may comprise a single test, a panel or screening package of tests or a custom package of tests.
  11. Sampling Facility - a facility made available by DIAGU and/or a medical laboratory cooperating with DIAGU to provide Sampling Services.
  12. Mobile Sampling Services - Mobile Sampling Services outside the location or regular working hours of a Sampling Facility, whereby the Services specified on Website may be provided to the Patient at the address given by the User. This is usually in the form of a home or office visit.
  13. Medical Consultation - a service provided electronically, involving the User to make an appointment on the Website for the Patient to meet with a Healthcare Provider such as a healthcare professional.
  14. Healthcare Provider - a third party, a medical entity, or healthcare professional organising and/or providing Medical Consultations directly to a Patient, based on a separate agreement between the User and Patient and the Healthcare Provider subject to a separate set of terms and conditions, consent and declarations.
  15. Healthcare Professional - a person who is qualified and contracted to provide a healthcare service to a patient such as a doctor, general practitioner (GP), nurse or midwife.
  16. Referral - the services provided on the Website to enable a Patient to receive a referral from a Healthcare Professional for tests that can be paid for in their User account.
  17. Survey - a medical or health survey or questionnaire on the Website to profile and collect basic information about the Patient’s health and/or condition, which is then forwarded to a Healthcare Provider and/or Professional with or without data anonymisation (at the patient’s option). In many cases this is conducted before, during or after a Medical Consultation.

About these Terms and Conditions and General Provisions

DIAGU’s services comprise Sampling Services for pathology testing and other healthcare services as otherwise set out in the “Our Services” section below.

DIAGU’s services comprise Sampling Services for pathology testing and other healthcare services as otherwise set out in the “Our Services” section below.

These Terms along with our  apply to any Order you make for our Services. 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.

The Terms shall be available free of charge on the Website in a form that is capable of being downloaded, recorded, saved and printed. The Terms shall be permanently available at https://getlabtest.com/patient-terms-of-use.

Please read these Terms carefully before you submit your order to us. These Terms tell you who we are, how we provide our Services to you, how you and we may change or end the Contract, what to do if there is a problem and other important information. If you think there is a mistake in these terms, please contact us to discuss. Our contact details are at the end of these Terms.

These Terms cover the purchase of our Services by an individual User or consumer. You may only purchase Services from us if you are at least 18 years old and reside in a location where our Services can be lawfully used. If you are acquiring our business services as a healthcare professional, our ‘Terms & Conditions for Medical Healthcare Professionals – Business Accounts’ apply (please ask for a copy). Our liability is limited as set out in the “Our Liability” section below.

DIAGU reserves the right to temporarily suspend User/ Patient access or impose restrictions on the use of the Website:

  1. for safety or any other reason beyond DIAGU’s control,
  2. for improper use or access of the Website, or
  3. due to the need to implement measures necessary for the proper operation, improvement, maintenance or security of the IT systems and power supply, functionality improvement, the length of such temporary downtime being not longer than necessary to repair the faults.

If you have sent a sample on behalf of someone else (i.e. the Patient), then you must have permission to agree to these Terms on behalf of the other person. You guarantee that the sample provided belongs to that person and you have legal authority to act on that person’s behalf to request the Services.

Tests and test results do have limitations and the result and/or associated report is provided in the context of the test ordered and the biomarker(s) analysed. Test results and/or genetic information alone are unlikely to be enough to understand your overall health or a specific condition you may be wondering about. They are not a clinical diagnosis and are never a substitute for seeing a doctor – particularly if you have any symptoms. They must never be relied on to provide a diagnosis or start treatment without the advice of a doctor or healthcare professional. If you have any concerns at all regarding any aspect of your health or your test results you should discuss them directly with a healthcare professional.

The results of genetic testing have limitations and their interpretation is the subject of ongoing research. There are many subtleties to the interpretation of genetic information (or genetic data) and this test is not designed to diagnose, prevent or treat any illness or condition without considering the wider context of your clinical and medical history.

Based on the results of your test(s) we may advise that you purchase a follow-up test or that you see your doctor for further investigation or both, but we shall not be obliged to do so and we shall bear no liability if we do not. If we do so, this shall be the extent of our further advice to you. You agree that you are solely responsible for acting on such guidance and that we shall not be liable if you choose not to do so. 

3. Our Services

The Website allows Users to access several Services to obtain a diagnostic laboratory test as set out in these Terms. 

The information stored within the Website shall be provided for reference purposes only and shall not be interpreted as medical advice and shall be: 

  1. provided for educational purposes only;
  2. is not intended to replace specific medical advice from a medical practitioner or another health care provider;
  3. does not recommend any specific course of treatment.

None of the information contained within the Website is intended to provide diagnosis, treatment or otherwise be used or treated as medical advice, medical opinion or diagnosis.

Our website set out details of the tests that we perform and the Services that we provide in connection with each such test, which many include turnaround times. Turnaround times, if provided, are an estimate of the time it will take for your sample, once received by one of our laboratories, to be tested and the test results made available to you. Please refer to the “Samples and Test Results” section below for further details.

In a small percentage of cases tests need to be re-run or re-analysed which is an unavoidable reality with such a precise and sensitive laboratory test. Please allow for the possibility that in such circumstances it will take a little longer to get your results to you.

You agree that you are entirely responsible for your selection of tests and that it is your decision as to whether the tests you purchase from us are suitable for you and whatever you may need them for. If in any doubt, please speak to a qualified healthcare professional.

Our Website also sets out the various ways in which samples can be taken including on-site testing at one of our testing locations or testing at your home or office.  Where you have purchased an on-site test in a Sampling Facility or a test at your home or office (Mobile Sampling Service) then our Services include the taking of the sample and the delivery of the sample to a laboratory.

The description of the Services on our website forms part of our Contract with you, but if the description of the Services on our website and these Terms are inconsistent (including any turnaround times), then these Terms shall prevail.

You are responsible for ensuring that all information provided to DIAGU is complete, accurate and legible.

Sampling Facility Services
The Sampling Service is provided by specialised personnel cooperating with DIAGU who are authorised to practise as nurses, phlebotomists or other medical personnel at the Sampling Facility of the User’s choice. The Service is necessary for and integral to the collection of blood or other biological materials from the Patient for the purpose of Tests.

The Sampling Service is a flat rate cost and is charged once at the time of Order placement. The amount of the fee for the Sampling Service is shown on the Website when the Order is placed.

If you have ordered an on-site test then you should attend the relevant Sampling Facility in good time prior to your booked appointment time. The trained personnel will take the sample and arrange for it to be sent to the laboratory on your behalf. No refund shall be given if you fail to attend your appointment at your appointment time.

The Sampling Facility will use all reasonable endeavours to meet all appointment times, but time shall not be of the essence.
Mobile Sampling Services
The Mobile Sampling Service is provided by specialised personnel cooperating with DIAGU who are authorised to practise as nurses, phlebotomists or other medical personnel at an address of the User’s choice. The Service is necessary for and integral to the collection of blood or other biological materials from the Patient for the purpose of Tests.

The Mobile Sampling Service is a flat rate cost and is charged once at the time of Order placement. The amount of the fee for the Sampling Service is shown on the Website when the Order is placed. The Service is subject to DIAGU’s availability to provide Services at the locations, dates and times specified on the Website at the time of Order placement.

The Patient must be present at the agreed address at the appointment time and available to give the sample. The trained personnel will then take the sample and arrange for it to be sent to a laboratory on your behalf. No refund shall be given for the Mobile Sampling Service if you are unavailable to take the test at the appointment time.

We will use all reasonable endeavours to meet all appointment times, but time shall not be of the essence.
Medical consultations
The Medical Consultation Service enables the User to view profiles and/or calendars of Healthcare Providers and make an appointment for the Patient to see a Healthcare Professional or DIAGU.

Once an appointment for Medical Consultation is made, DIAGU shall send an appointment reminder about the Medical Consultation to the e-mail address and/or telephone number stated in the Order.

Medical consultations will be conducted by a third party under the following terms and conditions:
  • All Services provided will be subject to an agreement between the User and/or Patient and Healthcare Provider (hereinafter the “Healthcare Provider Agreement”). The Services will be charged according to the Healthcare Provider price list available on the Website.
  • To enter into a Healthcare Provider Agreement, the User and/or Patient should accept the terms and conditions, tick off the relevant consents and declarations required by the Healthcare Provider and/or fill in a relevant form to confirm the Services to be provided by the selected Healthcare Provider. Once this is completed, the User will pay for the Medical Consultation Service.
  • The Healthcare Provider Agreement shall be performed by the Healthcare Provider of the User and/or Patient’s choice, who is fully and solely responsible for its performance. Cancellation or any amendments to a Healthcare Provider Agreement (e.g. change of date, cancellation, complaints) shall be in line with the Healthcare Provider’s terms and conditions applicable to the specific Healthcare Provider Agreement.

Where Medical Consultation Service is provided by DIAGU, these following terms and conditions as well as the following provisions shall apply:
  • Medical Consultations can be purchased subject to availability as a stand-alone service or in combination with other Services available on the Website.
  • The price of Medical Consultation is shown on the Website.
  • If a Medical Consultation involves the provision of medical advice, the interpretation of laboratory test results, and/or the issuing of referrals, it shall be provided by a healthcare professional cooperating with DIAGU for a fee.
  • Medical Consultation will be provided via remote communication such as telephone or video call.
  • The Medical Consultation cannot be provided before all laboratory test results covered by the Consultation have been obtained.
  • Medical Consultation shall result in the DIAGU healthcare professional preparing medical documentation in accordance with the applicable legislation.
A healthcare professional can issue Patients with referrals for tests via the Website. When issuing a referral, the healthcare professional shall complete the details of the Patient for whom the referral is issued or select the relevant User profile from a list of his/her existing patients.

The healthcare professional can use the Website to access his/her referral history with a detailed overview of each referral issued.

The healthcare professional can access a list of Users for whom he/she has issued orders and whom he/she has seen for consultations.

With the Patient’s prior authorisation, the healthcare professional may access the Patient’s test results for consultation purposes. The healthcare professional’s access to such test results may be blocked by the Patient and/or User.

The User and/or Patient has the option to purchase any tests he/she sees appropriate in addition to the referral issued by the healthcare professional. To complete the referral, the Patient is required to make the payment by the chosen payment method.
The Survey is used to collect basic health data provided by the Patient to the healthcare professional for diagnostic purposes to provide the Patient with the Service.

The Survey shall form part of the Service and as such shall be preceded by the Patient completing a form with his/her health data, such form being forwarded to the Healthcare Professional to assess the Patient for further diagnosis.

The Patient agrees to answer the Survey questions truthfully in order to facilitate patient assessment for further diagnosis.

The Operator shall not be responsible for any incorrect data entered by the Patient in the Survey.

The Survey data shall only be available to the healthcare professional for diagnostic purposes. The data provided by the Patient shall be anonymised.

DIAGU shall ensure that the Survey data shall be collected, processed and stored in accordance with generally applicable laws, including in particular laws against unfair competition and personal data protection laws.

The Survey data may not be sold or used by DIAGU otherwise than explicitly specified without the Patient’s prior written consent. Please see the Privacy Policy for further information.
User Account
The Website User may access his/her User Account free of charge. It is understood for the purposes of the User Account Service that the Patient will be the User and that the User is setting up the account on behalf of the Patient.

User Account registration shall be compulsory and access to the User Account shall be protected by login and password.

Each User/Patient may have no more than one User Account. DIAGU may refuse to register a User Account for a User if the telephone number and/or email provided has previously been provided by another User.

The User Account shall offer the User access to Test Results, Order History, and Profile (Your Data) where personal data can be viewed and the password can be changed.

By completing the registration form or updating the data on the Patient Portal, the User confirms that the data they have entered is correct and that they are its rightful owner.

It is the User’s/Patient’s responsibility to protect the User Account password from third parties. The User shall be liable for all actions of persons to whom they have disclosed the access data for the User Account, including the actions of anyone who has come into possession of said data as a result of the User’s failure to exercise due diligence in protecting their data.Registration shall not permit logins that:
  • infringe any third-party rights, including the personal rights or copyrights or related rights of DIAGU, other Users or third parties,
  • contains words regarded as offensive,
  • is contrary to law, good morals or the lawful interests of DIAGU.

Without prejudice to the statutory right of withdrawal from an agreement by remote communication as mentioned in section 8 of these Terms, the User may at any time remove the User Account for convenience and thus terminate the provision of the electronic Patient Account Service by DIAGU to him/her (terminate the Patient Account Service agreement). To do so, a specific account removal request should be sent to DIAGU at the e-mail address cs@getlabtest.com with the effect of terminating the service agreement.

By removing the User Account (terminating of the User Account Service agreement), you will no longer be able to use your User Account, log in or download test results. Notwithstanding the above, DIAGU may keep your data if we have a legal obligation to do so or to establish, exercise or defend a legal claim. In most circumstances, this means we will not keep your data for more than 8 (eight) years after the end of your relationship with us and shall make such medical records available at the Patient’s request.

Through registration and activation of the User Account on the Website, the User agrees to be bound by the User Account Service agreement as referred to above and fully accepts these Terms without the need for a separate agreement. By discontinuing the use of or deleting the Account, the User terminates the agreement referred to above. The User may not gain access to his/her User Account unless and until he/she has accepted these Terms.
General services for all tests
Your results will be sent to the email address provided by you as soon as they are available.

As set out above, any delay in any of our laboratories receiving your sample will result in a delay in test results being available. If you need your test results within a certain timeframe, we recommend selecting one of our services that guarantees the delivery of your sample as quickly as possible within the timeframe required.

The Services will be deemed to have been provided once your test results have been made available. We may contact you by telephone or email regarding your sample and test results.

4. How the Contract is Formed Between You and Us

Online Ordering
The User may place Orders on the Website 7 days a week, 24 hours a day. When you are ordering our Services online, our website will guide you through the steps you need to take to place an order with us. As part of the order process, you will need to accept these Terms.

When placing an Order on the Website, the User is offered a list of Sampling Facilities (i.e locations) where his/her Order can be filled, including in the form of a mobile visit at your home or office.

Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process. It is your responsibility to ensure that all information you submit to us is complete and accurate. No refunds will be given, and we shall not be liable, if we are unable to properly supply our Services to you because you have provided incomplete or inaccurate information.

To proceed to payment, the User must declare that he/she has read and accepts these Terms and the Privacy Policy, and tick off all mandatory consents, without which the User will not be able to continue with the Order placement process. The User shall submit the required declarations and consents by ticking off the appropriate checkboxes.

Payment must be received in full prior to us processing your online order. Once payment is received, we will confirm our acceptance of your order to you by sending you a confirmation email. The contract (“Contract”) between us, including these Terms, will only be formed on the date we send you this acceptance confirmation.
On-site tests in Sampling Facilities or Mobile Sampling Services
A Service Order placed on the Website shall be filled during a single visit to a Sampling Facility or during a Mobile Sampling Service, depending on the User’s choice at the time of Order placement. The Service cannot be provided in parts over several visits.

As part of the order process in a Sampling Facilities or with a Mobile Sampling Service, you may be asked to complete, sign and submit a test request form at the location of the Sampling. Please take the time to read and check the information you provide in this form. It is your responsibility to ensure that all information you provide is complete, legible and accurate. No refunds will be given, and we shall not be liable, if we are unable to properly supply our Services to you because you have provided incomplete, illegible or inaccurate information.
Medical Consultations
The Healthcare Provider Agreement shall become effective when the User has made the payment and received Order confirmation (statement of confirmation of acceptance of the offer) by electronic, computer or data communication means (e-mail and/or text message and/or telephone) to the e-mail address and/or mobile telephone number stated by the User on the form. For the avoidance of doubt, failure to receive an email or text-message or telephone confirmation within one hour of Order placement means that the Healthcare Provider Agreement has not become effective. In such a case, the User should immediately contact DIAGU for further instructions at the telephone number shown in the Order placement confirmation.

An Order placed by mistake or left unpaid shall not be understood as the User’s offer to enter into a Healthcare Provider Agreement with DIAGU.
General services for all tests
If we are unable to accept your Order, we will inform you of this and will not charge you for the Services.

As soon as the Order is placed, DIAGU shall notify the User, at the e-mail address provided by the User, of the confirmation of the Order and assign a unique Order number which the User should present at the Sampling Facility of his/her choice or, in the case of a Mobile Sampling visit, to the person conducting the Sampling in order to receive the Service.

By purchasing a test and giving a sample you are providing us and our laboratories with your informed consent to perform the tests you have ordered.

Under these Terms and Conditions, the User shall:
  • refrain from doing anything that interferes with the proper operation of DIAGU’s computer system, servers and network or alters the contents and design of the Website,
  • use the Website only in the manner specified by DIAGU,
  • not install or use the Website via software that performs automated operations (“bots”) instead of the Patient.

The User shall use the Website in a manner consistent with generally applicable laws, social and customary norms and these Terms.

The User may not undertake any action contrary to these Terms, good morals or applicable laws, or any action that damages or adversely affects the security of the DIAGU.

Please refer to the “Your Personal Information” section below and our Privacy Policy in connection with the information we request about you as part of the ordering process and how we use such information. 

5. Payment

DIAGU’s services comprise Sampling Services for pathology testing and other healthcare services as otherwise set out in the “Our Services” section below.

Payment services through GetLabTest
The Website integrates with a third-party payment processor Stripe to enable certain payment processing features within our Services. We call these Stripe-integrated payment services and features “GetLabTest Pay”. Regardless of whether the User receives payment services through GetLabTest Pay or directly through Stripe, for the purposes of the Agreement these features shall be referred to as “Payment Services”. The Payment Services shall be provided by Stripe, and the User’s use of the Payment Services is subject to a separate Stripe Connected Account Agreement, available at https://stripe.com/en-pl/legal/connect-account. The Stripe Connected Account Agreement and the Stripe Terms of Service shall be referred to collectively as the “Stripe Services Agreement”.

If the User receives Payment Services through the Website, then in addition to complying with these Terms, the User also accepts and agrees to be bound by the Stripe Services Agreement. As a condition of the User receiving the Payment Services and enabling this Service, the User agrees to provide DIAGU with complete and accurate information about its business, and the User expressly authorises DIAGU to share this information with Stripe, including, where applicable, any transaction-related information, for the User to receive and use the Payment Services.

6. Price of Services

The price of the Services will be as quoted on our website at the time you submit your order. Prices for our Services may change from time to time, but changes will not affect any order you have already placed.

It is always possible that, despite our best efforts, some of the Services we sell may be incorrectly priced. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the Contract, refund you any sums you have paid.

As we are a medical service provider, we are not VAT registered and therefore do not charge VAT on the tests you purchase from us.

7. Samples and Test Results

Any sample you provide for analysis will be analysed only in relation to the test or tests that you have ordered.

In a small percentage of cases tests need to be re-run or re-analysed which is an unavoidable reality with such a precise and sensitive laboratory test. Please allow for the possibility that in such circumstances it will take a little longer to get your results to you.

Occasionally the laboratory is unable to test samples sent to them at all, or in some cases one or several biomarkers (i.e. analytes) may be unable to be tested. For example: this may be because the amount collected is insufficient for full analysis or the sample has deteriorated, clotted, haemolysed (where red blood cells damaged during the sample collection process leak their contents into the surrounding plasma) or the sample has leaked in transit. For RNA or DNA tests this may be due to genetic degradation or inhibitors being present in the sample resulting in an inconclusive result.

If a laboratory cannot analyse the requested test or blood profile in its entirety, we will arrange an appointment for a repeat test, or issue you with a refund. Please note that if you have requested a blood test and a small number of biomarkers are unable to be tested, we will try our best to arrange a repeat test for those particular invalid biomarkers. We are unable to provide a partial refund for invalid or rejected biomarker(s) unless the sample is rejected and the profile cannot be tested in its entirety.

This shall be the extent of our liability to you if we are unable to perform a test you have ordered. Refunds will be processed within 10 (ten) working days. You shall not be entitled to a retest or a refund if the reason we are unable to perform a test is due to your failure to comply with these Terms.

Subject to the below, in some cases samples may be stored by laboratories for up to 4 (four) weeks after the initial analysis has been carried out to give you the opportunity to order further tests or to repeat the analysis at an additional cost ("Storage Period"). Samples will be destroyed once the Storage Period has expired. We may also be requested by regulatory authorities (such as Public Health England) to store samples for longer or even send samples to referral laboratories for additional analysis. In which case we will follow all legal and regulatory requirements.

Every test on our website has a corresponding turnaround time. Turnaround times are an estimate (stated in working days) of the time it will take for your sample, once received by a laboratory, to be tested and the test results made available to you. Time shall not be of the essence in the provision of test results, and we do not guarantee that test results will be available within a published turnaround time.

Genetic tests and genetic testing Services
Any sample you send to the laboratories for genetic testing will be result in your genetic information (genetic data) being extracted and analysed, and electronically transmitted. To access the genetic information, you may be required to use our or one of our partner’s websites. You will need to agree to any alternative or additional terms and policies that may apply.

There are many subtleties to the interpretation of genetic information. Genetic information has its limitations, and it is based on interpretation of scientific studies and ongoing research. It provides limited information related to your health and wellness and it cannot be conclusive. Some results may not be clinically significant. There are other factors beyond genetic markers, such as lifestyle and environmental choices or factors, which also affect wellness traits. Genetic technology is constantly evolving, and the Services and/or genetic information interpretation may change without any prior notice. 

Genetic tests and the provision of genetic information may not be suitable for everyone. Genetic testing and its results may provide information or knowledge that may cause distress or might be not what you expected. Please take this into consideration before using the Services and/or Products. 

Sharing your genetic information with family, friends and other companies should be approached with caution. Some healthcare providers may use it as part of your medical records which could lead to complications or insurance policy changes.

8. Cancellations, Refunds and Right of Withdrawal

The User has the right to cancel and withdraw from the Agreement within 14 days. The period of withdrawal referred to in the preceding sentence shall expire after 14 days from the date of the Order.

The right of withdrawal does not apply to the User where DIAGU has already provided the Service or any part of the Service such as Sampling. We cannot refund tests that have already been taken or processed.

In order to exercise the right of withdrawal, the User must unequivocally notify DIAGU of his/her decision to withdraw from the Agreement (e.g. letter sent by post, email or form on the Website). The notice to withdraw may be delivered by the User:

  • at the e-mail address: cs@getlabtest.com
  • via the form available at: https://getlabtest.com

Where notice to withdraw is sent to the e-mail address or via the form above, DIAGU shall promptly send a confirmation of receipt of such notice of withdrawal from the User to the e-mail address specified by the User or used in the correspondence.

In the event of withdrawal, the Agreement shall be deemed to be ineffective.

DIAGU shall immediately, but in any case, no later than 14 days from the date of receipt of the User’s notice to withdraw, refund the User for all payments made by the User according to the notice to withdraw without charging the User with any additional costs.

DIAGU shall reimburse the payment using the same method used by the User, unless the User has expressly agreed to another method of reimbursement that does not incur additional costs for the User.

Sampling Facilities or Mobile Sampling Services
For Sampling Facilities or Mobile Sampling Services bookings, including on-site appointments and home/office visits, you can cancel for free up to 48 hours before your appointment time. If you cancel within 48 hours of the appointment time, then 50% of the appointment fee will be refunded and if you cancel less than 24 hours before the appointment time then the appointment fee cannot be refunded. The deduction shall reflect our administrative costs of providing the Services ahead of the appointment. This includes appointments where the appointment fee is already included. You will receive a full refund for the cost of the test, less any deductions, on the credit card or debit card used by you to pay.
Rejected, invalid, unclear or inconclusive results
We cannot provide a refund or partial refund if your sample is rejected by the laboratory, or if any of your results are unclear, invalid, rejected or inconclusive. In these cases, we will provide a free of charge replacement test, at our discretion. Please see section 7 above for further details on rejected or invalid biomarkers. We cannot provide a refund if you do not supply us with a correctly completed test request form and we are unable to process your sample.

9. Complaint procedure

Complaints can be made as follows:

  • using the form on the Website: https://getlabtest.com
  • by e-mail to: cs@getlabtest.com

Complaints can be made as follows:

  • the Order number,
  • the complainant’s full name,
  • the User’s or Patient’s full name,
  • the e-mail address or, where the complaint is made by letter, the postal address,
  • a description of the problem which caused the complaint as well as the location where the problem occurred,
  • date of the event.

Complaints shall be reviewed within 14 working days of receipt by DIAGU. Information will be provided in the event of a complaint by e-mail in address specified in the complaint.

10. Our Liability

The Services, including any products, you purchase from us are for private use only and you agree not to use the Services for any commercial purpose. We are not liable to you for any loss of profit, loss of business or revenue, business interruption or loss of business opportunity.

Subject as follows, our total liability to you in contract, tort, misrepresentation or otherwise resulting from an order for Services is limited to the total value of the Services - meaning the price you paid for the Services, including any Products.

We shall not be in breach of these Terms and are not liable for any costs (including travel), loss, delay, inconvenience or damage you suffer as a result of:

  • the sample being delayed or damaged in transit to a laboratory;
  • the laboratory being unable to test your sample for any reason;
  • samples having to be re-run or re-analysed;
  • test results not being made available to you within the turnaround time stated for any Services;
  • your ordering of the wrong test or failure to understand the limitations of a particular test result(s) and/or test report;
  • your failure to follow instructions provided to you in relation to sample collection or pre-sample preparation requirements, such as fasting;
  • your failure to act upon our advice if we recommend that you seek medical advice or attention having taken a test;
  • your failure to show out-of-range test results to your doctor or healthcare professional;
  • your misinterpretation of the test result and/or test report;
  • your failure to attend a pre-booked appointment at a Sampling Facility or Mobile Sampling Service;
  • your sharing or disclosure of test results and/or genetic information to third parties;
  • Events Outside Our Control as described below.

This is a non-exhaustive list, and you should carefully read these Terms in their entirety for full details of our obligations.

If we fail to comply with the Terms then, subject to our cap on liability and other limitations below, we are only responsible for loss or damage you suffer that is a foreseeable result of our breach of the Terms or our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Contract. We are not responsible for any loss or damage that is not foreseeable. 

We do not in any way exclude or limit our liability to you where it would be unlawful to do so. This includes liability for:

  • death or personal injury caused by our negligence;
  • fraud or fraudulent misrepresentation;
  • 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;
  • 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
  • defective products under the Consumer Protection Act 1987.

11. Events Outside Our Control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our Services, or other contractual obligations, that is caused by any act or event beyond our reasonable control.

If an event outside our control takes place that affects the performance of our contractual obligations:

  • we will contact you as soon as reasonably possible to notify you; and
  • our contractual obligations will be suspended and the time for performance of our obligations will be extended for the duration of the event outside our control. 

Where the event outside our control affects our delivery of testing kits to you, we will arrange a new delivery date with you once the event outside our control is over.

You may cancel an order affected by an event outside our control which has continued for more than 14 days. To cancel, please contact us. If you opt to cancel, we will refund in full the total price you have paid for the Services.

12. Your Personal Information

You must provide us with some personal information, including your first and surnames, address, gender and date of birth in order for our laboratory to process your test. Name, date of birth and gender are required by our laboratories for identification purposes.

You are also given the option to provide details of symptoms you may be suffering or other medical or lifestyle information you feel may be relevant to the test at the time you complete the Test Request Form. Please note that whether you provide this information or not does not change the fact that you are entirely responsible for consulting a healthcare professional for assistance in the interpretation of your results and please remember that laboratory testing alone is never a substitute for seeing a qualified healthcare professional.

Except as set out below, any information that you give us will be used solely in relation to the Services you have purchased from us. By placing an order, you give us your consent to pass any and all relevant information about you on to our partner clinics and companies, and referral laboratories and/or to our employees and agents for the purposes of preparing your sample and analysing and interpreting the results. In some cases, we may use a laboratory or company outside the United Kingdom to process, analyse and/or interpret a sample.

We may use your information for our own business analysis, product development and (with relevant consent) marketing purposes and may pass limited information about you to third parties engaged by us under a duty of confidence to assist us in these tasks. We will not sell or pass on your personal information to third parties to enable them to contact you directly or market their products or services to you. Your information may also be used, on an anonymous basis, by us and third parties engaged by us for the purpose of scientific research or examining aggregate medical or clinical trial data.

None of your personal information will be passed on to your doctor or any other third party, other than for those reasons set out in these Terms.

We only use your personal information in accordance with our Privacy Policy. Please take the time to read our Privacy Policy as it includes important terms which apply to you.

13. Our Right to Vary These Terms

We may amend these Terms from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons. The new Terms will be available on our websites.

Every time you order Services from us, the Terms in force at the time of placing your order will apply to the Contract formed between you and us.

If we have to revise the Terms as they apply to your order, and if you are not happy with the changes, you may cancel the order in respect of any Service to be conducted.

14. Other Important Terms

The Contract is between you and us. No other person shall have any rights to enforce any of its terms whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

Each of the paragraphs of the Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

If we fail to insist that you perform any of your obligations under the Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

Please note that the Terms are governed by English law. This means a Contract for the purchase of Services through our website or otherwise and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

15. Contacting Us

If you want to contact us for any reason; or for further information, advice, to complain or to ask for a refund please either telephone us or email us at cs@getlabtest.com or via the online form available at: https://getlabtest.com. 

By providing us with your contact details you give us your consent to contact you about our Services and Products you have bought or enquired about. If we do need to contact you, we will email or phone you using the contact details you provide to us when you order our Services. We may leave you a message if necessary. We send you test results via email, so it is your responsibility to ensure that your contact details are correct and kept up to date.

Updated 01 October 2023