Terms & Conditions - Homed-IQ Europe B.V.
This agreement contains warranty disclaimers including the other provisions that limit Homed-IQ B.V.’s liability to you. Please read this document carefully and in its entirety as purchasing and/or using products and/or services on this website constitutes acceptance of the General Conditions.
These General Conditions (this “Agreement”) applies to every purchase order of our products and/or services “you” the user place with us: Homed-IQ B.V. (“the Company”), inscribed in The Netherlands, under registration number XXXXXX, with a registered head-office located at Dorpstraat 32, 2451AR Leimuiden via our company website http://homediq.com and to any services supplied to you after a product is purchased from a pharmacy.
MEDICAL ADVICE DISCLAIMER
Please note the website, services, information, content and/or data (collectively, “Information”) contained therein are for general guidance only. Homed-IQ B.V. does not provide any medical advice on this website, nor are services intended to replace medical advice. Medical expertise, should be provided solely by a licensed, trained physician or a qualified/registered health specialist. Nothing contained in this website is intended to create a physician-patient relationship, to replace the services of a licensed, trained physician or healthcare expert or to be a substitute for medical advice of a physician or trained health professional licensed in your state/territory.
Account: the account held by us in the name of the user for the purposes of providing test information and/or which holds the information submitted by the user when the user submits an order for a product and services or register; Accredited Laboratory: the laboratory we select to test samples, and which laboratories will be CLIA, CAP, CPA, INAB (clinical pathology accreditation) approved;
Consumer: a user who is a consumer 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 any other documents incorporated by reference. The General Conditions also include amendments hereto; Helpline: the online submission page which can be used by a user who has received a positive or reactive test, to submit queries;
Incubation periods: the periods relating to STls are explained at clause 3.8.1 and as are set out on the website;
Medical Advisor: a medical professional that is registered in the Netherlands; Order: an offer by a user to purchase the services and one or more products from us; Confirmed Order: an order that has been accepted by us, after we have emailed you the applicable invoice and after we have received payment in full including VAT; Order Acknowledgment: an acknowledgment sent by us to you, that we have received your request to purchase the services(s) and product(s) described in your order. It does not constitute a confirmed order; Password: a unique letter number combination being at least seven digits long required to access and use the website and the services; Privacy Statement or Policy: the privacy statement referred to on the website; Product: a test kit, sold by us, which enables you to take and store a sample of blood, urine, feces or saliva; PSA: an abbreviation for Prostate Specific Antigen. The PSA test measures the amount of PSA in a person’s bloodstream. Registration procedure: the procedure presented when a user clicks on the ‘activate kit’ procedure button on the website and which enables the user to create an account, and to register the individual product kit; Sample: means a blood, urine or swab sample of the type required for the accredited laboratory to perform the tests relevant to the product you order. The form of sample is determined by the type of product you purchase; Services: Includes all services provided by Homed-IQ; Website: our website at http://www.homediq.com and where the context required includes all content on the website; STI: an abbreviation for a Sexually Transmitted infection; Test Information: the information provided by the accredited laboratory in relation to a sample; Us or us or We or we means: Homed-IQ BV in the Netherlands; You or you: the user of the website, and the person placing an order for products and/or services as the context requires.
2. PURCHASE ORDERS, PAYMENTS, DELIVERY AND CANCELLATION POLICIES
2.1 We cannot accept orders from users who are resident or whose IP address is not included on the list of countries mentioned on our website
2.2 You acknowledge when accessing the website and/or when you purchase any of the Homed-IQ products and services that you are; 1) at least 18 years; 2) resident in one of the countries we ship to as identified on our website; 3) you are using the Homed-IQ website under your own name and not on behalf of someone else; 4) that you will not allow any other person to use the products, website and our services under your name, nor you pretend to be someone else or that you seek to disguise your identity; 5) that you access our website from an IP-address in one of countries listed on our website; 6) you are the only person using the Homed-IQ website, our products and services for your own benefit and not for the purpose of providing Services to others.
2.3 Amongst other things our order procedure requires you to specify the required delivery address and to confirm that the test information is to be made available to you in your secured account area 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, the subject of a confirmed order, is not available, we inform you through email as soon as possible.
3.2 After you placed an order with us for the product and services through our website you will receive an email acknowledgment that outlines we have received your order. All purchase orders will be subject to acceptance by Homed-IQ and we are under no obligation to accept an order whether confirmed by us or not. Orders are binding (i) when we send you the invoice after the order; (ii) when we charged your credit card or any other payment method accepted by us (“order confirmation”). You should check the invoice immediately and please notify us of any mistakes. This can be done by email to [email protected] straight away; otherwise the details stated in the invoice will apply to your order.
3.3 We reserve the right to notify you before the delivery moment about the unavailability of a product. You have the option to cancel your order and to receive a full refund.
4. PAYMENT FOR Homed-IQ PRODUCTS & SERVICES
4.1 When you purchase a product and/or services online, the price will include delivery of a product to you as well as the provision of testing services and the delivery of test information to you (provided you submit the sample in compliance with these General Conditions). When you purchase the product and services in one of the pharmacies, the price you pay to the pharmacy is for the product and also includes the price for the testing services by a third party laboratory and the provision of the test information by us to you online.
4.2 The end-user agrees to pay in advance and in full the purchase price, VAT (if applicable), freight charges and any other charges in relation to a confirmed order.
4.3 The payment method you provide will be verified. In case this is invalid or is otherwise not acceptable, your order will be suspended or canceled. The responsibility is with you to resolve any problem we encounter to proceed your order. Kindly 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 strive to dispatch the product to the delivery location (home address) provided to us within maximum three to four working days of an order confirmation. If the delivery location is changed after we have sent you the order confirmation, the product will be delivered to the original address. 5.2 The dates of delivery consist of (i) a date of delivery for the product; (ii) a date for the provision of the test information. The delivery date we advise in an order confirmation is approximate. Homed-IQ is not liable for any damage due to not meeting the scheduled delivery dates or for failure to give notice of delay.
5.3 Product related risks will pass onto you upon delivery of the product to the delivery address written within the order confirmation.
5.4 Please send an email within seven days of receipt of the product in case you received a wrong products, faulty/damaged products or items are missing. You can reach out to [email protected] containing the following information: – The Homed-IQ product code – Order ID of the missing or faulty item(s) We will arrange as soon as possible a replacement product to be sent to you. It is important that you will not use the product if it is damaged/faulty, or if certain items are missing from the Homed-IQ test kit.
6. THE CANCELLATION PROCESS
6.1 In line with local laws, you have 14 days from the day on which you receive possession of the products to cancel the contract without giving any reason. After 14 days the cancellation right expires.
6.2 Please inform us within the accepted time frame about your decision to cancel by post, fax or email to [email protected]). You must then return the product to us (within 14 days from notifying us of your decision to cancel). The return of goods will be at your own cost.
6.3 We will only reimburse all payments received from you if your purchase is cancelled within 14 days of receiving the product. We reimburse you using the same means of payment as you used for the initial payment, unless you have expressly agreed otherwise; in any event you will not incur any fees as a result of such reimbursement (except cost of returning the product).
7. OUR SERVICES
7.1 Whether you receive the product by post, or purchase the product in-store at one of the pharmacies: you must register the product kit to your personal account AT ALL TIMES. Failure to register the product kit means that you will not be able to access your personal test information. You hereby acknowledge and agree that you must follow the procedure stated within our General Conditions in order to avail of the services provided by HOMEDIQ. Registering with us and setting up an account is an essential requirement.
7.2 Homed-IQ will not warrant that the Tests performed and Test Information as part of the services will be 100% accurate due to the nature of the tests being performed. Please be advised that that sexually transmitted infections and/or diseases may remain undetectable for several months after contamination.
7.3 The user acknowledges that test information does not constitute a definitive diagnosis. There are a small number of cases in which there can be incidences of false-positive results and false-negative results. Be aware that a person with a negative non-reactive or not detected test result could have an infectious disease, but also, a person with a positive reactive or detected test could be free from an infectious disease. All positive, reactive or detected results must be verified by a licensed doctor through a confirmatory test.
7.4 You acknowledge that any test information does not constitute a definitive diagnosis. For example a person with an elevated PSA reading may not have prostate cancer or another form of prostatic disease. A person with a normal PSA reading may have prostate cancer or another form of prostatic disease. Abnormal or elevated PSA test results require further testing from a licensed doctor.
7.5 Our services are limited to the services as defined on the website. If you require specialist advice or counseling in addition to the services, we cannot help you further.
7.6 Any failure to comply with your obligations as outlined in this clause, particularly with regard to re-testing where appropriate, is entirely your responsibility.
7.7 By using our products and/or services, you warrant and are confirming that you are legally capable of entering into binding contracts and you are at least 18 years old.
7.8 You undertake that: – low, normal or high readings do not constitute a definitive diagnosis and further testing to constitute a definitive diagnosis for fertility testing, lifestyle testing, cancer testing and sexual health testing will be required from a medical professional. – the Incubation periods, information in relation to which is included here and on the website. An incubation period is the period of time, from an exposure, to the time an infection becomes detectable within a person’s body. Different viruses and infections have different incubation periods and can take several months or more to become detectable. For instance, the HIV virus can take from 30 to 90 days to become detectable, while other viruses such as Hepatitis B and Hepatitis C can take over 180 days 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 passed (from the time of potential exposure); 2) if you suspect that the infection has subsequently developed; or 3) if you have been potentially exposed to any relevant infection in the meantime. – to comply fully with all instructions included with the product and to return the sample in the product within the timescale set out in clause 6.3. – to provide us, when prompted, with such information or evidence of identity as we may be required to obtain from you by applicable law from time to time. – to disclose to us honestly and to the best of your knowledge any information that may affect or impact test result. – to use the website, the products and the services only for lawful purposes and in accordance with these General Conditions. Moreover, you further undertake making a complaint or raising a query on these General Conditions, not to be abusive to any of our staff, or us or those of our accredited laboratory or induce fear or harass any member of our staff; and not to use the products and/or services for resale or in any way that breaches any applicable local, national or international law or regulation. You acknowledge and agree that when you submit an order for the services through this website including acquiring one or more products, through this website, that you have selected the products and have not received any advice from us.
8. SUBMITTING THE SAMPLE
8.1 Be aware when submitting a sample, you must fill the collection device until the indicated line. If you do not provide an adequate sample, you will not receive a result. A simple step-by-step process can be found in the product information. Please read it carefully to ensure you take the sample correctly and place it in the product. Then you can place the product, with the sample in it, into a prepaid envelope and mail it back to the accredited laboratory immediately.
8.2 If you have purchased the product in a pharmacy you may opt to have the pharmacist assist you in taking the sample and returning the sample to the accredited laboratory on your behalf. In any case, you must register on our website and create an account in order to access test information.
9.SETTING UP YOUR ACCOUNT
9.1 To obtain test results you must have an account on the website. As per clause 7.1 above, before returning your sample to the laboratory to obtain test results, you must also register the individual product kit to your account using the Homed-IQ code of the product.
9.2 The user agrees to only set up one account with us through the website and not duplicate a user account. When you create an account with us you agree to provide genuine contact details that can be used should support from our medical advisor within the scope of the services should be requested.
9.3 To create an account, please go to the Account section in the Registration area on the homepage of the website (top right) and provide the details when prompted. It is vital that you provide us with correct, accurate and complete details and that you notify us as soon as any to these details occur. 9.4 To register an individual product kit, sign into your account or create a new one and provide the Homed-IQ code and numerical code as requested in the “Activate Kit” section of the website.
9.6 To register with us, you are required to generate a password. You are responsible for ensuring the password (or any substitute password) is kept confidential, not disclosed to others and is only used by you.
9.7 Besides a password, you will also be held accountable and are thus responsible for: (i) all transactions or activities carried out using your account and password; and (ii) ensuring that the system you use to access the Homed-IQ account is secure, is not left unattended unless you have fully exited the account and that your password is not retrievable from the system by others. 9.8 If you know or suspect that your account or password might be known to a third party you have the responsibility to notify us immediately. Failure to do so will make you personally liable and fully responsible until you do notify us. We will have no liability to you or to any third party if any email we send to you or any information we notify you about via your account is seen or received or accessible by any third party. This includes any emotional distress caused to you or to a third party by reason of the third party being aware of us sending you communications or test results.
10. TEST INFORMATION
10.1 An email will be sent to you with a notification when test Information has been made available to your account. The test information will be set out in clear and plain language to make it easy for you to understand its contents. If your test information is negative or non-reactive, please refer to section 7.8.1 of these General Conditions and the website in relation to the potential relevance of incubation periods and also clause 7.8.2.
10.2 A further confirmatory test from a suitably qualified doctor is necessary if you have a positive, reactive or detected result. If you have an elevated PSA reading you will also need further testing from a suitably qualified doctor.
10.3 With respect to a user whose test information indicates a positive, reactive, detected or elevated PSA result, our services include; receiving a phone call from a medical advisor which will offer direction and support to the user.
10.4 If you purchase products and services and receive test information during an incubation period relevant to you, irrespective of the test information, you will retest either through us or through your general practitioner. If you have concerns with the test information you should consult your own medical practitioner.
11. DISCLAIMERS AND EXCLUSION OF LIABILITY
11.1 We, our affiliates and their respective directors, employees and suppliers, make no warranties or representations about the content (including the user content) of Homed-IQ B.V. 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 General Conditions will not apply to the extent prohibited by applicable law. Nothing in these General Conditions shall attempt to exclude or limit liability that cannot be excluded under applicable law.
11.3 The products and services are provided “as-is,” without warranty of any kind, we hereby disclaim all warranties, including, but not limited to, the warranty of title, merchantability, non infringement of third parties’ rights and fitness for particular purpose.
11.4 In addition to the above warranty disclaimers, permitted by law, in no event are we liable for any indirect, consequential, special or incidental damages, including any damages for loss of data, loss of reputation, loss of profits, loss of emotional wellbeing caused by the test information, or any losses incurred by any third party, arising from or relating to the products and/or services Homed-IQ B.V. has to offer, even if we knew or should have known of the possibility of such damages.
11.5 In no event will our total cumulative liability arising from or in relation to the products, whether in contract or otherwise, exceed 100% of the amount paid by you for the products and services.
11.6 Failure to observe any of your obligations or undertakings contained within the terms of these General Conditions will never lead us to be in breach of any provisions of these General Conditions. 11.7 Homed-IQ B.V. is not be obliged to provide the services when you have failed to follow the instructions in relation to the ordering, use of the products, providing a sample, and returning the sample to the laboratory within 12 hours in compliance with these General Conditions.
11.8 The image of a product on our website may differ from the specification, we do not accept responsibility for these discrepancies.
11.9 The provisions of this clause 7 in their entirety shall survive the expiry or termination of this agreement.
12. GENERAL LEGAL PROVISIONS
12.1 Homed-IQ B.V. shall in no event be liable or responsible for any delay in performance of, or default in our performance of any obligation under these General Conditions or under an order, caused directly or indirectly by any cause beyond our reasonable control.
12.2 For these General Conditions, the construction, interpretation and application shall be governed by the laws of the Netherlands. In using our website and in respect of any dispute arising hereunder, you agree to submit to the exclusive jurisdiction of the courts of the Netherlands. Provided always that nothing herein shall deprive you of any rights you have under relevant consumer protection laws to bring proceedings in your country of residence.
12.3 Any failure or delay to enforce any of these General Conditions from our part will not constitute a waiver of our rights against you and does in no way affect our right to require performance thereof. 12.4 To enable us to provide the services to you we may subcontract or delegate the provision of the services to any entity who provides services to us. No such sub-contracting or delegation shall relieve us from our obligations under these General Conditions.
12.5 As you communicate electronically with us, when you use the website or send us an email, you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing.
12.6 If any part of these General Conditions becomes illegal, invalid, unenforceable, or prohibited in any respect 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 remainder of these General Conditions will rema