Patient Terms of Use

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 registered in England and Wales (Company No. 14476936), with its registered office at West Point, Second Floor, Mucklow Office Park, Mucklow Hill, Halesowen, West Midlands, B62 8DY, United Kingdom, DUNS: 230105739, VAT: GB444891171, also operate in the US through Diagu Inc (US), 10803 Thornmint Rd #200, San Diego, CA 92127, United States, DUNS: 119065029, Tax: 880933876
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.

4. How the Contract is Formed Between You and Us

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.

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.

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

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.

16. Consent to Receive System SMS Notifications in United State

1. By registering for an account in the GetLabTest system, the User consents to receive system SMS notifications regarding key actions within the system, including but not limited to:
   • Account verification,
   • Receipt of test results,
   • Receipt of medical descriptions from a doctor,
   • Booking appointments,
   • Postponement of appointments by a doctor,
   • Appointment cancellations.
2. These notifications are essential for the proper functioning of the patient's account within the GetLabTest system, ensuring ongoing access to vital information regarding the use of the system's services.
3. You have the option to opt out of receiving system SMS notifications by adjusting the settings in your account. You can unsubscribe at any time by replying STOP. Text HELP to get help. However, please note that opting out may impact your access to important information related to your account and the delivery of services.
4. System SMS notifications are strictly informational and are not marketing-related. They are sent solely to keep you informed of significant system activities.

Updated 11 September 2024