Providers Terms of Use

1. Definitions

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

1. Healthcare Professional Account - a set of Website resources and privileges supplied to a Healthcare Professional by the Operator or Clinic in the form of a business account provided by the Operator following registration by a Healthcare Professional.
2. 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. The Healthcare Professional will use the Website to provide Users and/or Patients with services via a Healthcare Professional Account under the terms of cooperation with the Operator, or a named natural person who wishes to use the Services via the Website and has proceeded to set up a Healthcare Professional Account and enter into cooperation with the Operator.
3. 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
4. Website - the DIAGU-owned website at https://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.
5. Clinic - a medical entity where Healthcare Professionals are based, such as a GP or doctor’s surgery, which under the terms of cooperation with the Operator has gained access to a system account used for the management of the work and accounts of Healthcare Professionals.
6. 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.
7. 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.
8. Order - a declaration of intent by the User via a User Account, constituting an offer to electronically Contract with DIAGU to provide services via the Website, as specified in the Order under these Terms.
9. Contract - a completed Order as a specified agreement under these Terms.
10. User Account - a digital account service for an individual Patient and User on the Website, protected by login and password, based on registration and acceptance of these Terms.
11. Services - the Service or Services available and/or provided to the Patient via a User Account on the Website.
12. Test - laboratory diagnostic tests performed by a laboratory cooperating with DIAGU under these Terms selected for or by the User and/or Patient on the Website. The Test may comprise a single test, a panel or screening package of tests or a custom package of tests.
13. Medical Consultation - a service provided electronically, involving the User to make an appointment on the Website 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/or Patient and the Healthcare Provider subject to a separate set of terms and conditions, consents and declarations.
15. Referral - the services provided on the Website to enable a patient to receive a referral from a medical professional for tests that can be paid for in their User account.
16. 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 medical professional with or without data anonymisation (at the patient’s option). In many cases this is conducted before, during or after a Medical Consultation.
17. Self-invoicing System - a functionality allowing Healthcare Professionals to self-invoice any medical services provided.

2. About these Terms and Conditions and General Provisions

These Terms along with our Privacy Policy set out:

• the scope of Services and the terms on which such Services are provided by the Operator via the Website;

• the manner in which Healthcare Professionals can use the Services and the Website;

• the Healthcare Professional’s scope of responsibility arising from any actions taken via the Website;

• the Terms for the provision of the Services, including any technical conditions of cooperation via the Website;

• the procedure for entry into and termination of service agreements between the Healthcare Professional and the Operator regarding the services provided via the Website;

• the complaints procedure.

These Terms shall apply to clinics, laboratories and Healthcare Professionals.

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/termsofuse. A Healthcare Professional may at any time access these Terms and Conditions and be advised of his/her rights and obligations.

The data provided by the Healthcare Professional may not infringe any third-party rights; in particular, the Healthcare Professional must not impersonate or deliberately mislead other Healthcare Professionals, Users, Patients or third parties. Should the Operator become aware thereof, the Operator shall immediately delete the account of the offending Healthcare Professional and may take further action available to it under the applicable laws.

The purpose of the Website is to enable the Healthcare Professional to access the Services.

The sole role of DAGU is to act as an intermediary between the Healthcare Professional and the Patient and its responsibility is limited solely to providing the technology and software used for communication between entities using the Website.

DIAGU reserves the right to temporarily suspend Healthcare Professional access or impose restrictions on the use of the Website:

• for safety or any other reason beyond DIAGU’s control,

• for improper use or access of the Website, or

• 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.

3. Our Services

In order to make full and correct use of the Services provided on the Website, the Healthcare Professional must register a Healthcare Professional Account.

The Healthcare Professional can use the Website to issue Patients with referrals for medical tests by selecting the appropriate “Issue a referral” tab and then choosing the set of relevant tests for which the Healthcare Professional intends to issue a referral.

When issuing a referral, the Healthcare Professional needs to complete the referred Patient’s details or select the profile of the relevant patient from a list of the Healthcare Professional’s 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 has access to his/her referral statistics and a finance section where issued invoices may be viewed.

The Healthcare Professional has access to a list of Patients for whom he/she has issued orders and provided consultation.

With the User’s 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 Healthcare Professional may use the Website to describe the patient’s test results for diagnostic purposes, having access to anonymised (or non-anonymised – depending on the patient’s choice) current and historical test results, medical survey data, as well as any other collected patient data. Access to the module allows the Healthcare Professional to issue and edit comments, order additional tests and add any additional information.

Among the available Services, patients have the option of taking advantage of telephone, video or teleconference appointments with the Healthcare Professional (remote appointments). Remote appointments are provided by electronic means of communication (telephone, video) and the Healthcare Professional can recommend a physical test by a medical professional if necessary. During an appointment, the Healthcare Professional may view the patient’s test results, test descriptions, diagnoses and recommendations, as well as patient survey results. The Healthcare Professional may have access to functionalities such as patient chat, making recommendations, issuing referrals and providing diagnoses.

The Website provides the Healthcare Professional with a calendar to facilitate his/her work.

A single Healthcare Professional Account provides the Healthcare Professional with access to all Operator services intended for Healthcare Professionals.

4. Healthcare Professional Account

Registration and use of the Services provided on the Website shall be voluntary.

A Healthcare Professional may have only one Healthcare Professional Account.

The Operator may verify the number of Healthcare Professional Accounts and subject to adequate action undertaken to clarify the incident shall have the right to delete a Healthcare Professional Account where it has become aware that a single Healthcare Professional has more than one Healthcare Professional Account.

The data provided at the time of Registration must be accurate and correct, both legally and factually.

A Healthcare Professional may edit his/her data in the Healthcare Professional Account under the “Account settings” tab.

The Healthcare Professional may not use the account of another Healthcare Professional or User or share the login or password for his/her Healthcare Professional Account with other Healthcare Professionals or Users.

The Healthcare Professional Account registration is a three-stage process followed by activation by the Operator, laboratories, or clinic. To use the Services, the Healthcare Professional must create a Healthcare Professional Account by completing the registration form, available at https://getlabtest.com/auth/doctor/register

The Healthcare Professional must read and understand the documents before proceeding to registration. In order to complete registration, the Healthcare Professional needs to read and accept the Terms and Conditions and give permission for action to be taken as requested by the Healthcare Professional in question.

DIAGU shall not be liable for any false data provided by the Healthcare Professional when registering on the Website via the Healthcare Professional Account, in particular for any data concerning his/her name, surname, telephone number, medical category or medical licence number.

5. Clinic Account

A Healthcare Professional using the Website can cooperate with the clinic or laboratory that employs him/her and manages his/her work in the system.

The clinic coordinator is responsible for:

• adding and activating the accounts of Healthcare Professionals who cooperate with the clinic;

• Healthcare Professional availability inquiries;

• working schedules of Healthcare Professionals cooperating with the clinic.

The clinic coordinator has access to:

• Healthcare Professional profiles;

• Referrals issued and appointments completed by Healthcare Professionals;

• patient lists;

• work schedules;

• clinic account settings;

• billing information.

6. Warranty and Complaints

The Operator shall provide the Healthcare Professional with the Services with due diligence required for the activities covered under the Agreement.

In the event of a defect in the Services, the Healthcare Professional shall have the right to file a complaint under these Terms and Conditions.

In order to exercise his/her warranty rights, in the event of circumstances resulting in the Healthcare Professional’s dissatisfaction with the quality of the services provided by the Operator or in the event that an error is found in the operation of the System, the Healthcare Professional may contact the Operator using the complaint (application) form.

Complaints should be made as follows:

• By email to: cs@getlabtest.com

• Via the complaints form on the Website

A duly submitted complaint (application) should include:

• data allowing the Healthcare Professional to be identified, including his/her full name, e-mail address, address for deliveries (for complaints submitted by letter),

• a detailed description of the problem that caused the complaint;

• indication as to any demands the Healthcare Professional may have (in the event of a complaint);

• indication as to the date on which the event that caused the complaint occurred;

• the channel through which the Healthcare Professional would prefer to receive a response of the Operator, e.g. by letter to a given e-mail address or any other address indicated in the complaint (application).

• Complaints about medical tests shall be reviewed by the Operator within 14 working days. The Healthcare Professional shall be notified of the outcome of the review in the manner indicated in the complaint.

7. Termination of Agreement, Cancellation of Service

The Healthcare Professional may close or delete the Healthcare Professional Account from the Website by submitting an e-mail request for account deletion to: cs@getlabtest.com.

A request for Healthcare Professional Account deletion shall be processed within 30 days of the message being sent. The deletion of the Healthcare Professional Account shall mean the termination of the Service agreement entered into beforehand.

The request should set out data that make it possible to identify beyond any doubt the requesting Healthcare Professional. The Operator reserves the right to additional verification as to the identity of the person making the request.

8. Billing (Self-Invoicing)

These Terms set out the rules for invoicing medical services provided by Healthcare Professionals to patients using the self-invoicing system.

By accepting these Terms and Conditions, the Healthcare Professional authorises the Operator to issue invoices with the business name and on behalf of the Healthcare Professional, on the basis of which the Healthcare Professional shall be entitled to request payment for medical consultations concerning the results of tests paid for in full by the Patients, which were previously ordered by the Healthcare Professional. Invoices issued in this manner shall meet the requirements specified in separate regulations, including VAT (if applicable).

The Healthcare Professional shall duly verify the invoice. In the event of any concerns, the Healthcare Professional shall send his/her comments to the Operator within 2 days.The financial conditions of payment for medical consultations, tests ordered and medical test result descriptions completed shall be dependent on the number of descriptions issued and services provided, and shall be determined after the Healthcare Professional registers in the system and passes Healthcare Professional verification.The Healthcare Professional’s commission shall be set on an individual basis and depend on the number of descriptions issued and services provided.

Amounts self-invoiced on behalf of the Healthcare Professional to the Website shall be generated by the 10th day of each month based on completed tests, descriptions and medical services.

9. Our Liability

The Healthcare Professional and the Laboratory shall be fully responsible for any actions they take regarding the Website and, in particular, for the provision of their medical services and the information provided to the Patient regarding his/her diagnosis.

The Operator shall not be liable for any false, factually inaccurate or incomplete data provided by the Healthcare Professional or Laboratory or for any failure by the Healthcare Professional or Laboratory to update such data.

The Operator shall not be liable for the disclosure by the Healthcare Professional or Laboratory of any data stated in the Healthcare Professional Account, in particular such data as allow access to it, to other Healthcare Professionals, Users, Patients or third parties. In particular, the Operator shall not be liable for any negative consequences or damage that may occur due to Healthcare Professional misdemeanour mentioned in the preceding sentence.

The Operator shall not be liable for any damage caused by the inadequate security of the Healthcare Professional or Laboratory IT systems.

The Operator shall not be liable to third parties for any acts or omissions of a Healthcare Professional providing medical consultations. In particular, the Operator shall not be liable in respect of any Healthcare Professional’s obligation to provide third parties, Patients and Users with information on the state of health, diagnosis, proposed and possible diagnostic and therapeutic methods, foreseeable consequences of their implementation or non-implementation, the results of treatment, and prognosis.

The Operator shall not be liable for any malfunctions of the Website that have caused adverse events or problems if they have not been previously reported by the Healthcare Professional using the contact form.

The Operator shall not be liable for problems in the operation of the Website or the occurrence of malfunctions on the Website due to technical or hardware problems attributable to the Healthcare Professional, in particular if the device browsing the Website fails to meet the requirements specified in these Terms and Conditions.

The Operator shall not be liable for interruptions in the operation of the Website due to upgrading, updating or other maintenance work.The Operator shall not be liable for any interruption in the use of the Website arising from IT failures or malfunctions beyond the Operator’s control.

The Operator shall not be liable for any downtime in the Services, resulting from the incorrect use of the Website by the Healthcare Professional, the use of the Website inconsistent with its intended purposes or instructions specified in these Terms and Conditions.

The Services, including any products, you purchase from us are for private use only. 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 any 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 misinterpretation of the test result and/or test report;

• 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.

10. 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.

11. Our Right to Vary These Terms

The Operator reserves the right to amend these Terms. The Operator shall notify the Healthcare Professional of any change to the Terms and present the complete amended text thereof, within 14 days prior to the change. The Healthcare Professional may refuse to accept the amended Terms within a further 14 days. If the Physician fails to accept the amended Terms, he/she shall not be able to continue using the Website, which means that his/her Account shall be deleted and the service agreement terminated between the Healthcare Professional and the Operator.

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.

12. 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..

Healthcare Professionals shall not use the Website to post unlawful content, use the Website in a manner not envisioned by Operator, use the Website via software that replace the Healthcare Professionals by running automated tasks (also known as “bots”), use the Website in a manner inconsistent with generally applicable laws, social and customary norms, or these Terms..

With the exception of any items posted by Healthcare Professional, all intellectual property rights to the Website and the Terms, including all graphics contained in the Website, technical solutions used by the Website, any other graphic or other items and their presentation, as well as software, databases and other materials placed on the Website, shall be covered and protected under the Operator’s copyright.

13. 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.

14. 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