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Terms & Conditions - Homed-IQ Europe B.V.

LAST UPDATE: JANUARY 2021. These General Terms and Conditions apply to every order of our products and/or services that you as a user have ordered through the NHSBT or from us via our company website http://www.homediq.com. It includes all services provided to you after a Homed-IQ product is ordered through the special NHSBT portal where the Homed-IQ products are available. Homediq Europe BV is registered in the Netherlands, under Chamber of Commerce registration number 77050444, with a registered head office located at Waaier 30B, 2451 VV in Leimuiden, the Netherlands.

This agreement contains provisions that limit the liability of Homediq Europe BV to you. Read this document carefully and completely. Buying and/or using products and/or services from Homed-IQ means acceptance of our General Terms and Conditions.

The terms “you” and “user” refer to all persons and entities who access or use the Homed-IQ website, products and services registered under Homediq Europe BV. In accordance with the provisions of the law regarding the General Terms and Conditions and the Privacy Policy, access to and use of the Homediq Europe BV website, products and services is limited to persons of the legally prescribed age in your jurisdiction. When you register with Homediq Europe BV, you therefore expressly declare that you meet this requirement and that you accept the consequences in case of falsehood. If you cannot meet the conditions in this paragraph, we strongly advise you not to order any of our products or register an account with Homediq Europe BV

After you have confirmed the use of the website, the user and Homediq Europe BV explicitly agree with and accept the General Terms & Privacy Policy.

 

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 are its services intended to replace any form of medical advice. Medical expertise should only be provided by a licensed, trained physician or a qualified/registered health specialist. Nothing on this website is intended to establish a physician/patient relationship, nor to ignore or replace the services of a licensed trained physician or healthcare professional; nor is this website intended in any way as a substitute for or given medical advice for or by a physician or trained health professional. 

1.DEFINITIONS

ACCOUNT: The account that we manage in the user’s name to provide test information or that contains information provided by the user after the user places an order for a product or service or during an account registration.

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.

CONSUMERS 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 within which tests can be performed for the presence of possible conditions (e.g. infections and viruses).

MEDICAL ADVISER: a medical professional registered in the Netherlands.

NHSBT: the National Health Services Blood and Transplant based in the United Kingdom

ORDER: a purchase or order of products and/or services of Homediq Europe BV;

ORDER CONFIRMATION: A confirmation sent to you by us regarding your request to purchase/order 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 order confirmation.

PASSWORD: a unique combination of letters and numbers required to access and use the Homediq website and to access your personal services.

PRIVACY STATEMENT OR POLICY: the privacy statement referenced on the website.

PRODUCT: Is a test kit which facilitates you to take a blood sample.

REGISTRATION PROCEDURE: The procedure presented when a user clicks the ‘Activate Your Test’ button on the website and allows the user to create an account and register the individual test.

SAMPLE: Means blood material of the type required by the certified laboratory to perform the tests relevant to the product you ordered.

SERVICES: includes all services offered by Homediq Europe BV

WEBSITE: our website at http://www.homediq.com and where the required context includes all content on the website.

TEST INFORMATION: the information provided by the accredited laboratory regarding 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 residing in countries not listed on our website or whose IP address is not located in those 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 1) are at least 18 years old; 2) live in one of the countries we ship to as listed 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 someone else or attempt to disguise your identity; 5) access 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 offer services to others.

2.3 Our ordering process 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 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 an order whether confirmed by us or not. Orders are binding (i) when we send you the confirmation after the order. You should immediately check the order confirmation and notify us of any inaccuracies. You can do this directly by email to [email protected]; if there is no response, the information on the order/registration confirmation 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 at all times.

 

4. PAYMENT FOR OUR PRODUCTS & SERVICES

4.1 When you order a product and / or services online, the service includes the following: the supply of a product to you, as well as the provision of test services by the laboratory and the provision of test information to you online, by mail (provided that you have submitted the sample to the laboratory in accordance with what is stated in the General Terms and Conditions).

 

5. THE DELIVERY PROCESS

5.1 We aim to ship the product to the delivery address provided to us within a maximum of 5 to 7 business days of the 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 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 failure to comply with the planned delivery dates or for failure to report any delays.

5.3 Product-related risks will pass to you as soon as the product has been delivered to the delivery address stated in the order confirmation.

5.4 Send an email within seven days of receiving the product if you received the wrong products, defective and/or damaged products. You can contact [email protected] and please include at least the following information in the order confirmation:
– Issue // photo
– The Homed IQ product
Next we will as soon as possible send a replacement product. It is important not to use the product if it is damaged or defective or if certain items are missing from the Homed-IQ test kit.

 

6. CANCELLATION

6.1 In accordance with local law, you have 14 days from the day you receive the product to cancel the contract without 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 notifying us of your decision to cancel). Returning goods is at your own expense.

 

7. OUR SERVICES

7.1 In case you receive the product by mail, you must do the following: register/activate 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 set out in our Terms and Conditions to use the services offered by Homed-IQ. Registering with us and creating an account is an essential requirement to provide you our services.

 

7.2 Homed-IQ does not guarantee that the tests performed and the 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 antibodies to COVID-19 and / or other conditions may remain undetectable for several weeks 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 cases where false positive and false negative results can occur. Keep in mind that a person with a negative non-reactive or undetected test result may have an infectious disease, but also a person with a positive reactive or detected test result may be free from an infectious disease.

 

7.4 Our services are limited to the services as defined on the website. Unfortunately, if you need specialist help or advice in addition to the existing services, we cannot help you and advise you to visit your physician.

 

7.5 Any failure to fulfill your obligations as described in this clause is entirely your own responsibility.

 

7.6 By using our products and / or services, you guarantee and confirm that you are legally able to enter into binding contracts and that you are at least 18 years old.

You undertake and agree:
– to carefully follow the steps in the provided instructions for use included in the test kit box, and then return the sample within the timeframe set out in clause 8.1.
– to provide us, when requested, with the information or ID that we may need from you from time to time under applicable law.
– to provide us with good faith information that may affect test results.
– to use the website, products and services only for lawful purposes and in accordance with these Terms and Conditions. 

In addition, you further undertake not to make a complaint or to ask questions in connection with these Terms and Conditions, to offend or frighten any of our employees or those of the accredited laboratory or to harass any of our employees or the NHSBT. You also undertake 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 closely follow the instruction manual. If you do not provide sufficient test material, you will not receive a test result. A simple step-by-step process can be found in the user manual within the box. Read this carefully to ensure that you complete the steps of the test process properly and successfully. Then place the test sample, after collection, in a prepaid envelope and send the test package immediately after collection to the laboratory by using the return label.

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 provided 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 details and answer the questionnaire carefully as they are used to support our medical team.

9.3 To create an account, go to ‘login’ at the top of the menu of the homepage of the website. Follow the steps 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 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 visiting the following link www.homediq.com/nhsbt and by entering the unique test ID code on the yellow sticker which you can find on the back of the dry blood spot card. You can also activate your test by clicking directly on the ‘Activate Your Test Kit’ button and following the steps described.

9.5 To test how we process your personal data, you should read our Privacy and Cookies Policy. You can find this at the bottom of the website.

9.6 You need to insert a password to register with us. You are responsible for keeping your password confidential and not to disclose to others, and to be used only by you.

9.7 In addition to being responsible for a strong password, you will also be responsible for: (i) any transactions or activities that are conducted with your account and password; (ii) ensure that the system you use to access the Homed-IQ account is secure, not left unattended unless you have left the account completely and that your password cannot be retrieved from 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 do not do this, you are personally liable and fully responsible until you notify us. We will not be liable to you or any third party if an email we send you or information about which we inform you (through your account) is seen or received by or accessible to third parties. This also includes any emotional stress that you or a third party are inflicted because the third party is aware that we have sent you notices or test results.

 

10. TEST INFORMATION

10.1 You will receive an email notification when the test results are made available to your account. The test results are written in plain language so that you can easily understand their contents. 

10.2 With respect to a user whose test information indicates a high or low antibody titer, our services does not include: a written or telephone explanation from our medical team. In case of a high titre result you will be asked to call a telephone number for booking an appointment at one of the convalescent plasma donor centres 

 

11. DISCLAIMERS AND EXCLUSION OF LIABILITY

11.1 We, our affiliates (incl the NHSBT) and their respective directors, employees and suppliers, make no warranties or representations as to 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 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 waive all warranties, including, but not limited to, the warranty of title, merchantability, no infringement of third party rights, and fitness for a particular purpose.

11.4 In addition to the above warranty statements, permitted by law, we are in no way liable for any indirect, consequential, special or incidental damage, including damage for loss of data, loss of reputation, loss of profit, loss of emotional well-being due to test information / results, or losses suffered by a third party, arising from or related to 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 pertaining to the products, whether or not under contract, exceed 100% of the amount that has been paid for the products and services.

11.6 Failure to comply with your obligations or commitments contained in the Terms and Conditions will never result in us violating any provision of these 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 remain fully effective 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 execution of, or failure to perform 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 regarding any dispute arising from it, you agree to submit to the exclusive jurisdiction of the Dutch courts. Always provided that nothing in this document deprives you of the right under the relevant consumer protection laws to bring proceedings in the country where you reside.

12.3 Any failure or delay in enforcing any of these Terms and Conditions on our part does not imply a waiver of our rights against you and in no way affects our right to demand performance thereof.

12.4 In order to enable us to provide the services to you, we may outsource or delegate the provision of the services to any entity that provides services to us. None under contract or delegation release us from our obligations under these Terms and Conditions.

12.5 By communicating electronically with us when using the website or sending us an email, you agree that all agreements, notices, disclosures and other communications we provide to you electronically meet all legal requirements that such notices 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 shall be deemed not to form part of the contract between us. The legality, validity or enforceability of the rest of these terms and conditions remains in full force.

 

The general terms and conditions were last modified on January 1, 2021.