Terms & Conditions - Homed-IQ Europe B.V.
These General Terms and Conditions (hereinafter referred to as “Agreement”) apply to any order for our products and / or services ordered from us by you as a user through our corporate website http://www.homediq.com and includes any services provided to you after a Homed-IQ product has been purchased through the website, pharmacy or retailer where the Homed-IQ products are available. Homediq Europe BV (“the Company”) is registered in the Netherlands, under Chamber of Commerce registration number 77050444, with a registered head office located at Dorpsstraat 32, 2451 AR in Leimuiden.
This agreement contains provisions that limit Homediq Europe BV’s liability towards you. Please read this document carefully and completely, buying and / or using Homed-IQ products and / or services constitutes acceptance of our Terms and Conditions.
DISCLAIMER MEDICAL ADVICE
Please note that the website, services, information, content and / or data (hereinafter referred to as “Information”) contained herein are for general guidance only. Homediq Europe BV does not provide medical advice on the website, nor its services intended to replace any form of medical advice. Medical expertise must be provided only by a licensed, trained physician or qualified / registered health practitioner. Nothing on this website is intended to establish a physician / patient relationship, nor to override or replace the services of a licensed trained physician or healthcare professional; likewise, this website is in no way intended as a substitute for medical advice provided by a physician or trained health professional.
ACCOUNT: the account managed by us in the name of the user to provide test information or contain information provided by the user after the user has placed an order for a product or service, registers.
ACCREDITED LABORATORY: The independent laboratory we work with to provide diagnostic services for medical testing. The laboratories are ISO / IEC 15189 certified.
CONSUMER: this concerns the user as defined in the consumer regulations.
CONSUMER REGULATIONS: The European Union (consumer information, cancellation and other rights) regulations 2013 as amended from time to time.
GENERAL CONDITIONS: This document and all other documents incorporated by reference. The General Terms and Conditions also include changes to this.
CONTACT PAGE: the online page that can be used by a user to ask questions about, for example, a purchase or the testing process.
INCUBATION PERIODS: the periods during which tests can be carried out for the presence of possible conditions (eg STDs and / or other infections and viruses).
MEDICAL ADVISOR: a medical professional registered in the Netherlands or elsewhere.
ORDER: a user’s offer to purchase products and / or services from Homediq Europe BV;
ORDER CONFIRMATION: A confirmation sent to you by us regarding your request to purchase the services and products described in your order. However, this is not yet a confirmed order.
CONFIRMED ORDER: an order that has been accepted by us, after we have emailed you the relevant invoice and after we have received full payment including VAT.
PASSWORD: a unique combination of letters and numbers required to access and use the website and the personalized services.
PRIVACY STATEMENT OR POLICY: the privacy statement referred to on the website.
PRODUCT: a test kit sold by us with which you can take a blood, urine, stool or saliva sample, among other things.
REGISTRATION PROCEDURE: the procedure presented when a user clicks on the ‘Activate Your Test’ button on the website that allows the user to create an account and register the individual test.
SAMPLE: means a blood, urine, saliva or other body owned material of the type required by the accredited laboratory to perform the tests relevant to the product you are ordering.
SERVICES: includes all services offered by Homediq Europe BV
WEBSITE: our website located at http://www.homediq.com and where the required context includes all content on the website.
STD: an abbreviation for a Sexually Transmitted Disease.
TEST INFORMATION: the information provided by the accredited laboratory related to a sample;
WE: Homediq Europe BV in the Netherlands;
You: the user of the website and the person who places an order for products and / or services as the context requires.
2. PURCHASES, PAYMENTS, DELIVERY AND CANCELLATION POLICY
2.1 We cannot accept orders from users who reside in countries not listed on our website or whose IP address is not located in these countries.
2.2 You acknowledge when you visit the website and / or when you purchase any of the Homed-IQ products and services that you are 1) at least 18 years old; 2) reside in one of the countries we ship to as stated on our website; 3) you use the Homed-IQ website under your name and not on behalf of anyone else; 4) does not allow anyone else to use the products, website and our services under your name, nor impersonate anyone else or try to conceal your identity; 5) visit our website from an IP address in one of the countries listed on our website; 6) You are the only person who uses the Homed-IQ website, our products and services for yourself and does not provide services to others.
2.3 Our ordering procedure requires, among other things, that you provide the relevant delivery address and confirm that the test information must be made available to you in your secure account environment on the Homed-IQ website.
3. ORDERS AND AVAILABILITY
3.1 All our products and services are subject to availability. If a product and / or service is not available, we will inform you as soon as possible by Whatsapp, telephone or e-mail.
3.2 After you have placed an order with us for the product and / or services through our website, you will receive an email confirming that we have received your order. All purchase orders are subject to acceptance by Homed-IQ and we are under no obligation to accept any order whether confirmed by us or not. Orders are binding (i) when we send you the invoice after the order; (ii) when we have charged your credit card or any other payment method accepted by us (“order confirmation”). You must immediately check the invoice and notify us of any inaccuracies. This can be done directly by e-mail to [email protected]; in case of no response, the information on the invoice applies to your order.
3.3 We reserve the right to inform you before the delivery time if a product is not available. You have the option to cancel your order and receive a full refund.
4. PAYMENT FOR OUR PRODUCTS & SERVICES
4.1 When you purchase a product and / or services online, the price includes the following: the delivery of a product to you, as well as the provision of testing services by the laboratory and the delivery of testing information to you online, by e-mail or by telephone (provided that you have submitted the sample to the laboratory in time in accordance with what is stated in the General Terms and Conditions). When you purchase the product and services from one of the pharmacies and / or (online) retailers, the price you pay to this party for the product also includes the price for the testing services by the laboratory and the provision of the test result by us to you online, by mail or by phone.
4.2 The end user agrees to pay in advance and in full the purchase price, VAT (if applicable), freight and other charges related to a confirmed order.
4.3 The payment method you have provided will be verified. In the event this is invalid or otherwise unacceptable, your order will be suspended or cancelled. It is your responsibility to resolve any issue we encounter in order to place your order. Please note that it is your responsibility to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the full amount of your order.
5. THE DELIVERY PROCESS
5.1 We aim to ship the product to the delivery address provided to us within a maximum of seven working days after the order confirmation. If the delivery location is changed after we send you the order confirmation, the product will be delivered to the original address.
5.2 The delivery dates consist of (i) the delivery date of the product; (ii) date for providing the test information. The delivery date that we recommend in an order confirmation is approximate. Homed-IQ is not liable for damage resulting from non-compliance with the planned delivery dates or for not reporting any delays.
5.3 Product-related risks pass to you once the product has been delivered to the delivery address stated in the order confirmation.
5.4 Please email within 7 days of receiving the product if you find the wrong products, defective / damaged products or possibly missing items. You can contact [email protected] and include at least the following information which can be found on the order confirmation:
– Order ID of the missing or defective product(s)
– The Homed-IQ unique activation code
We will contact you as soon as possible and send you a replacement product. It is important that you do not use the product if it is damaged or defective or if certain items are missing from the Homed-IQ test kit otherwise we cannot send you a replacement.
6.1 In accordance with local law, you have 14 days from the day you receive the product to cancel the contract without giving any reason. The cancellation right expires after 14 days.
6.2 Notify us within the accepted time frame of your decision to cancel by mail or email at [email protected] You must then return the product to us (within 14 days of informing us of your decision to cancel). Returning goods is at your own expense.
6.3 We will only reimburse the payments received for your purchase if it is cancelled within 14 days of receipt of the product. We reimburse you with the same payment method that you used for the first payment unless you have explicitly agreed otherwise; in any case, no fees will be charged as a result of such reimbursement. As mentioned earlier, the costs for returning the product will be at your own expense.
7. OUR SERVICES
7.1 In case you receive the product by mail or purchase the product in-store from one of the pharmacies and / or retailers, you must do the following: register the test online and link it to your personal account. If you do not register the test, you will not have access to your personal test information. You hereby acknowledge and agree that you must follow the procedure outlined in our instruction manual which comes within the test kit in order to use the services offered by Homed-IQ. Registering with us and creating an account is an essential requirement to deliver our services.
7.2 Homed-IQ does not warrant that the tests performed and the resulting test results as part of the services will be 100% accurate due to the nature of the tests performed. For example, keep in mind that sexually transmitted infections and / or other conditions may remain undetectable for several months after infection.
7.3 The user acknowledges that the test results provided by Homed-IQ do not constitute a definitive diagnosis. There are a small number of instances where false positive and false negative results can occur. Keep in mind that a person with a negative non-reactive or undetected test result can have an infectious disease, but also that a person with a positive reactive or detected test can be free of an infectious disease. Any positive, reactive, or detected results must be verified by a licensed physician through a confirmatory test.
7.4 You acknowledge that the test result is not a definitive diagnosis. For example, a person with an elevated PSA level may not have prostate cancer or any other form of prostate disease. A person with a normal PSA level may have prostate cancer or some other form of prostate disease. Abnormal or elevated PSA test results require follow-up testing by a licensed physician. The same can happen with any other test offered by Homed-IQ.
7.5 Our services are limited to the services as defined on the website. If you need special help or advice in addition to the existing services, unfortunately, we cannot help you further.
7.6 Any breach of your obligations as described in this clause is your sole responsibility.
7.7 By using our products and / or services, you warrant and confirm that you are legally able to enter into binding contracts and that you are at least 18 years old.
Low, normal, or high values do not constitute a definitive diagnosis and follow-up tests performed by a medical professional are required to form a definitive diagnosis.
The incubation period is the period from exposure to the time when an infection becomes detectable in a person’s body. Different viruses and infections have different incubation times and can take several months or more to become detectable. Incubation periods can vary for everyone and it is recommended to retest: 1) if you tested before the relevant incubation period has comfortably expired (from the time of potential exposure); 2) if you suspect the infection has subsequently developed; or 3) if you may have been exposed to another infection in the meantime.
You undertake and agree:
- to carefully follow the steps in the supplied instructions for use that are included with the product, then return the sample within the timeframe set out in clause 8.1.
- to provide us, when requested, with the information or proof of identity that we may require from you from time to time under applicable law.
- to provide us with all information required that may affect test results.
- to use the website, products and services only for lawful purposes and in accordance with everything that is outlined within the Terms and Conditions.
In addition, you further agree not to make a complaint or ask any questions regarding these Terms and Conditions, not to offend or frighten any of our employees or those of the accredited laboratory or to harass any of our employees. You also agree not to use the products and / or services for resale or in any way that violates applicable local, national or international laws or regulations. You acknowledge and agree that when you place an order for the services through this website including purchasing one or more products through this website, you have selected the products and have not received any advice from us.
8. SUBMISSION OF THE TEST SAMPLE
8.1 Please note that when submitting a sample, you must fill the test tube to the indicated line. Read the instruction manual carefully. If you do not provide enough test material, the laboratory cannot process your sample which means you will not receive a test result. A simple step-by-step process can be found in the user manual. Please read this carefully to make sure you complete the steps of the testing process properly and successfully. You then place the test sample, after collection, in a prepaid envelope and you must immediately (read: immediately after collection) send the test kit to the laboratory.
9. SETTING UP YOUR ACCOUNT
9.1 To obtain test results, you must have created an account on the website and activated the test using the unique ID code stated on the product.
9.2 The user agrees to create only one account with us through the website and not to duplicate a user account. When you create an account with us, you agree to provide the correct contact information and to answer the questionnaire carefully as it will be used to support our medical team.
9.3 To create an account, go to ‘login’ at the top of the menu on the homepage of the website. Follow the steps and provide details when prompted. It is vital that you provide us with correct, accurate and complete details and that you notify us as soon as these details change in the meantime.
9.4 To register an individual test kit, log in to your existing account or create a new account. You can then activate your test by entering the unique test ID code. You can also activate your test by clicking directly on the ‘Activate Your Test Kit’ button and following the steps described.
9.6 You must enter a password to register with us. You are responsible for ensuring that the password you have chosen is kept confidential, not disclosed to others, and used only by you.
9.7 In addition to being responsible for a strong password, you will also be held responsible for: (i) any transactions or activities conducted with your account and password; (ii) ensure that the system you use to access the Homed-IQ account is secure, is not left unattended unless you have completely abandoned the account and that your password cannot be retrieved from the system by others.
9.8 If you know or suspect that your account or password is known to a third party, you must notify us immediately. If you fail to do so, you are personally liable and fully responsible until you notify us. We will not be liable to you or any third party if any email we send you or information we notify you about (through your account) is seen, received by or accessible to any third party. This also includes any emotional stress caused to you or a third party because the third party is aware that we have sent you communications or test results.
10. TEST INFORMATION
10.1 You will receive an email notification when the test results have been made available to your account. The test results are written in plain language so that you can easily understand the outcomes. If your test information is negative or non-reactive, please refer to section 7.8 of these terms and conditions and the website on the possible relevance of incubation times.
10.2 A confirmatory test from a qualified physician is necessary if you have received a positive, reactive or detected result.
10.3 With regard to a user whose test information indicates a positive, reactive, detected or increased result, our services includes a written or telephone explanation from a medical team. In addition to this explanation, we advise the user to contact his or her doctor.
10.4 If you purchase products and services and receive test information within an incubation period relevant to you, regardless of the test information, you will need to retest through us or through your doctor. If you are concerned about the test and / or the test result, you should consult your own physician.
11. DISCLAIMERS AND EXCLUSION OF
11.1 We, our affiliates and their respective directors, employees and suppliers, make no warranties or representations about the content (including user content) of the Homediq Europe BV website, goods and purchases, including but not limited to its accuracy, completeness, timeliness or reliability.
11.2 You, the consumer, “user” have certain legal rights. The disclaimers, exclusions and limitations of liability under these Terms and Conditions do not apply to the extent prohibited by applicable law. Nothing in these Terms and Conditions will attempt to exclude or limit any liability that cannot be excluded under applicable law.
11.3 The products and services are provided “as is”, without any form of warranty. We hereby disclaim all warranties, including, but not limited to, the warranty of title, merchantability, non-infringement of third party rights, and fitness for a particular purpose.
11.4 In addition to the above-mentioned warranty statements, permitted by law, in no event will we be liable for any indirect, consequential, special or incidental damages, including damages for loss of data, loss of reputation, loss of profit, loss of emotional well-being caused by the test information / results, or losses suffered by a third party, arising out of or in connection with the products and / or services that Homediq Europe BV has to offer, even if we knew or should have known the possibility of such damage.
11.5 Under no circumstances will the total liability arising from or relating to the products, whether in contract or otherwise, exceed 100% of the amount that you have paid for the products and services.
11.6 Failure to comply with your obligations or commitments set out in the General Terms and Conditions will never lead us to be in breach of any provision of these General Terms and Conditions.
11.7 Homediq Europe BV is not obliged to provide the services if you have not followed the instructions regarding ordering, using the products, providing a test sample and returning the sample in accordance with these General Terms and Conditions.
11.8 The image of a product on our website may deviate from the specification, we accept no responsibility for these discrepancies.
11.9 The provisions of this clause will remain in full force and effect upon the expiration or termination of this Agreement.
12. GENERAL LEGAL PROVISIONS
12.1 Homediq Europe BV is in no way liable or responsible for any delay in the performance of, or failure to fulfil any obligation under these General Terms and Conditions or under an order that is directly or indirectly caused by a cause outside our reasonable control.
12.2 For these General Terms and Conditions, Dutch law applies to the construction, interpretation and application. By using our website and in respect of any dispute arising from it, you agree to submit to the exclusive jurisdiction of the Dutch courts. Provided that nothing in this document will deprive you of the right under the relevant consumer protection laws to bring proceedings in your country of residence.
12.3 Any failure or delay on our part in enforcing any of these Terms and Conditions does not constitute a waiver of our rights against you or in any way affect our right to request compliance.
12.4 To enable us to provide the services to you, we may subcontract or delegate the provision of the services to any entity that provides services to us. No subcontracting or delegation relieves us of our obligations under these Terms and Conditions.
12.5 By communicating with us electronically when using the website or sending us an email, you agree that all agreements, notices, disclosures and other communications that we provide to you electronically comply with all legal requirements that such communications must be in writing.
12.6 If any part of these Terms and Conditions becomes illegal, invalid, unenforceable or prohibited in any way under any applicable law or regulation, such provision or part thereof will be deemed not to form part of the contract between us. The legality, validity or enforceability of the rest of these terms and conditions will remain in full force and effect.
Last modified on August 1st, 2020