GENERAL TERMS OF USE

1. “We” are Quality Diagnostic Laboratory Inc., located at 47 Cayon Street, Basseterre, St. Kitts, (hereinafter referred to as “QDL”). 
   
   
2. “You” are the customer who has accessed our website or attended our Laboratory facility, and intends to place or has placed an order for our Services and/or Products (as defined below).
   
   
3. Our services comprise laboratory testing services (including blood, saliva, swab and other biological samples) and, where applicable, the taking of samples and as otherwise set out in the “Our Services” section below (“Services”). Our Services may include the provision of self-testing kits and/or other products (“Products”).
   
   
4. These terms and conditions along with our Privacy Policy (together, the “Terms”) 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.
   
   
5. Please read these Terms carefully before you submit your order to us. These Terms tell you who we are, how we provide our Services (including Products) to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
   
   
6. These Terms cover the purchase of our Services by an individual customer. You may only purchase Services, including Products, from us if you are at least 18 years old and reside in a location where our Services can be lawfully used. The laws of the Federation of St. Christopher and Nevis apply to these Terms and Conditions.
   
   
7. If you have sent a sample on behalf of someone else, then you must have written permission to agree to these Terms and Conditions 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.
   
   
8. Test results received from QDL are for information purposes only. We provide your results and reference ranges only and do not provide any comments on how to interpret your blood results or any other diagnostic advice.  Reference ranges are based on our understanding of what are considered normal ranges in the general population as at the time of giving the test results. These may not be relevant to you and may change from time to time. We shall not be responsible for notifying you of any changes. 
   
   
9. 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 your general practitioner or a doctor.
   
   
10. Results of genetic testing received from QDL 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. 
    
    
11. Based on the results of your test(s) We may advise that You purchase a follow-up test or that you see your general practitioner or a 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. We do not provide any clinical diagnostic advice. 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.
    
    

    How The Contract is Formed Between You and Us

    Online

12. Where you are ordering our Services online, including where you book online for an on-site appointment, 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.

13. 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.
    
    
14. Payment must be received in full prior to us processing your online order, including where you book online for an on-site appointment. 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
    
    
15. Where you are ordering our Services in any of our labs or test locations, as opposed to online, our staff will guide you through the steps you need to take to place an order with us. By ordering on-site you are making an offer to purchase our Services in accordance with these Terms.
    
    
16. As part of the order process, you will be asked to complete, sign and submit a test request form. 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.
    
    
17. The test request form must be completed and given to us and payment must be received in full prior to us processing your on-site order. The contract (“Contract”) between us, including these Terms, will only be formed once these steps have been undertaken.
    
    
18. Insurance co-pays and deferred paying options are available upon request and prior approval by QDL.
    
    General services for all tests
    
    
19. If we are unable to accept your order, we will inform you of this and will not charge you for the Services. For online orders we will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
    
    
20. By purchasing a test and giving a sample you are providing us and our laboratory with your informed consent to perform the tests you have ordered.
    
    
21. 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. 
    
    Our Services
    

22. As part of our Services, we provide a number of different ways in which you can purchase a laboratory test. Our website and any other user information provided by us, set out details of the tests that we perform and the Services that we provide in connection with each such test, including any turnaround times. Turnaround times are an estimate of the time it will take for your sample, once received by our laboratory, to be tested and the test results made available to you. Please refer to the “Samples and Test Results” section below for further details.

23. 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.

24. 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 doctor or a qualified medical professional.

25. Where relevant, you agree that it is your responsibility to check the requirements of your airline, transport provider or country of destination. Requirements regularly change and we recommend you read the latest travel advice and check with your airline, transport provider or border officials before booking. We cannot be held responsible if the documentation we provide does not meet travel or border entry requirements.

26. Our website also sets out the various ways in which samples can be taken and sent to us, including self-testing kits, on-site testing at one of our testing locations or testing at your home or office by one of our trained staff members. Where you have purchased an on-site test or a test at your home or office by one of our members of staff then our Services include the taking of the sample and the delivery of the sample to our laboratory.

27. 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 as regard any turnaround times), then these Terms shall prevail.You are responsible for ensuring that all information provided to us is complete, accurate and legible.
    
    Home or office visit

28. If you have ordered a home/office visit, our trained staff member will attend the address provided at the appointment time (subject to the below). You must be present at the agreed address at the appointment time and available to give the sample. Our trained staff member will then take the sample and arrange for it to be sent to our laboratory on your behalf. No refund shall be given for the home/office visit if you are unavailable to take the test at the appointment time, but our trained staff member will attempt to leave the testing kit to enable you to take the test yourself and it will be your responsibility to arrange for the return of your sample to the laboratory. We will use all reasonable endeavours to meet all appointment times, but time shall not be of the essence.
    
    On-site or in-office test

29. If you have ordered an on-site test (whether online or in office as a walk-in), then you should attend the relevant test location in good time prior to your booked appointment time. Our trained staff member will take the sample and arrange for it to be sent to our laboratory on your behalf. On-site tests will be sent to our laboratory on the same day. No refund shall be given if you fail to attend your appointment at your appointment time. We will use all reasonable endeavours to meet all appointment times but time shall not be of the essence.

    General services for all tests

30. Your results will be sent to the referring clinician and to you using the email address provided by you as soon as they are 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.

31. 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.

    Samples and Test Results

32. Any sample you send to our laboratory for analysis will be analysed only in relation to the test or tests that you have ordered. 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 the laboratory cannot analyse the requested test or blood profile in its entirety, we will either (at our discretion) send you another testing kit free of charge, 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.

33. 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.

34. Subject to the below, in some cases samples may be stored by our laboratory 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 to store samples for longer or even send samples to referral laboratories for additional analysis, for example for the sequencing of Covid-19 genomes. In which case we will follow all legal and regulatory requirements pursuant to the Public Health Act Cap 9.29 and any other applicable laws in the Federation of St. Christopher and Nevis.

35. 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 our 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

36. Any sample you send to our laboratory 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 will be required to use our Website. 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.

    How To Pay

37. You may pay for our Services using a debit or credit card and this includes all major credit cards such as MasterCard, Visa and American Express.

    Price of Products and Delivery Charges

38. The price of the Services will be as quoted on our website at the time you submit your order. If you choose to return any samples to our laboratory you will do so at your own cost. Prices for our Services may change from time to time, but changes will not affect any order you have already placed.

39. 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 and require the return of any Products provided to you.

    Cancellations and Refunds

40. To cancel your order, please send us an e-mail stating that you wish to cancel and the reason for the cancellation, together with your name, contact details, order number and amount to be refunded. Please email your cancellation request to info@qualitydiagnosticlab.com. If you send us your cancellation request by email or via the refund link, then your cancellation is effective from midnight of the day that the request was sent.

41. For all appointment 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. 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.

42. Your legal right to cancel an order starts from the date you receive the acceptance confirmation (the date on which we email you to confirm our acceptance of your order). If you cancel your order within the cancellation period and you are entitled to a refund we will refund you the price you paid for the Services less any deductions referred to above within 10 working days of receiving a cancellation request.

43. We can only refund you on the credit card or debit card used by you to pay.
    
    Rejected, invalid, unclear or inconclusive results

44. 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. We cannot provide a refund if your sample is delayed or lost, does not reach our laboratory or if you do not supply us with a correctly completed test request form and we are unable to process your sample. We cannot refund tests that have already been taken or processed.

    Our Liability

45. The Services, including any Products, you purchase from us are for private use only and you agree not to use the Services, including any Products, 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.

46. 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.

47. 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 you send – being lost, delayed or damaged in transit or via courier from you to us;
    – the laboratory being unable to test your sample for any reason;
    – samples having to be re-run or re-analysed;
    – any injury you may suffer when using finger-prick lancets unless the lancet is shown to be defective;
    – 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 general practitioner or doctor;
    – your misinterpretation of the test result and/or test report;
    – your failure to send a sample to the laboratory for testing within the Validity Period outlined above;
    – your failure to attend a pre-booked appointment or home or office visit;
    – 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.
    
    

48. 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.

49. 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 sections 15 to 17 of the Sale of Goods Act Cap 18.30 of the revised Laws of St. Christopher and Nevis.

    Events Outside Our Control

50. 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.

51. 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.

52. You may cancel an order affected by an event outside our control which has continued for more than 7 days. To cancel, please contact us via email. If you opt to cancel, we will refund in full the total price you have paid for the Services.
    
    

    Your Personal Information

53. 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 laboratory for identification purposes. We will also require financial information to process payment.

54. 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 health 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.

55. 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 of the Federation of St. Christopher and Nevis to process, analyse and/or interpret a sample.

56. We may use your information for our own business analysis, product development 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.

57. 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.

    Our Right to Vary These Terms
    
    
58. 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.
    
    
59. 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 test to be conducted, testing kit received (so long as it has not been opened, used or damaged) or just the testing kit you are yet to receive, or either of these combinations (if applicable).
    
    

    Other Important Terms

60. The Contract is between you and us. No other person shall have any rights to enforce any of its terms. 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.

61. 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.

62. Please note that the Terms are governed by the laws of the Federation of St. Christopher and Nevis. 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 the laws of the Federation of St. Christopher and Nevis. You and we both agree that the courts of the Federation of St. Christopher and Nevis will have exclusive jurisdiction.

    Contacting Us

63. If you want to contact us for any reason; or for further information, advice, to return a testing kit, complain or to ask for a refund please either telephone us on 1 869 465 6657, or e-mail us at info@qualitydiagnosticlab.com or use the online form on the “Contact” page on our website: https://www.qualitydiagnosticlab.com.

64. 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.

    Applicability of Data Protection Laws

65. Both of us agree and hereby confirm our agreement to comply with the provisions of the Data Protection Act No. 5 of 2018 of the Laws of the Federation of St. Christopher and Nevis where applicable to this Terms and Conditions.

    Disclosure

66. We hereby agree not to process or disclose any data provided to us by you unless:

    a) You have given your expressed consent;
    b) Disclosure is necessary– (i) for the purposes of exercising or performing any right or obligation which is conferred or imposed by law on the data user in connection with employment; (ii) in order to protect your vital interests of or that of another person.
    c) for medical purposes and is undertaken by– a healthcare professional; or a person who in the circumstances owes a duty of confidentiality which is equivalent to that which would arise if that person were a healthcare professional;
    d) for the purpose of, or in connection with, any legal proceedings;
    e) for the purpose of obtaining legal advice;
    f) for the purposes of establishing, exercising or defending legal rights;
    g) for the administration of justice;
    h) for the exercise of any functions conferred on any person by or under any written law; or
    i) the information contained in the personal data has been made public as a result of steps deliberately taken by you
    
    Security

67. When processing your personal data, we agree to take practical steps to protect the personal data from any loss, misuse, modification, unauthorised or accidental access or disclosure, alteration or destruction by having regard–
    
    (a) to the nature of the personal data and the harm that would result from such loss, misuse, modification, unauthorised or accidental access or disclosure, alteration or destruction;
    (b) to the place, location and manner in which the personal data is stored;
    (c) to any security measures incorporated into any equipment in which the personal data is stored;
    (d) to the measures taken for ensuring the reliability, integrity and competence of personnel having access to the personal data; and
    (e) to the measures taken for ensuring the secure transfer of the personal data.

    Retention of Data

68. The personal data processed by us shall not be kept longer than is necessary for the fulfi llment of that purpose. We will take all reasonable steps to ensure that all personal data is permanently deleted if it is no longer required for the purpose for which it was to be processed or at the end of a period of 7 years whichever occurs first.

69. It is agreed that the data provided by you to us on our website or from an in office visit shall be used for the purposes described in our Website, this Terms and Conditions and our Privacy Policy. We shall not retain, use or disclose the data provided to us for any purpose other than agreed herein or as otherwise permitted by the applicable Data Protection Act.
    
    Security Breaches

70. If we become aware of a security breach, we shall inform you without delay (in any event within 48 hours) and shall provide reasonable information and cooperation to you so that any data breach reporting obligations if applicable can be met.