TERMS AND CONDITIONS OF USE AND PURCHASE OF A MYHEALTHTEST PATHOLOGY SERVICE
Please review these terms carefully.
In order to use our website (myhealthtest.com or any sub-domain including for example results.myhealthtest.com) (“the Website”), complete any purchase from MyHealthTest Pty Ltd ACN 161 889 354 (“MyHealthTest” or “our” or “we” or “us”) whether through the Website or in any other way, and before we can deliver you any Services, you must first agree to these terms and conditions of use and purchase (“the Terms”) which sets out the general legal relationship between you and MyHealthTest.
You acknowledge that:
- You are over the age of eighteen (18) years; and
If you do not agree to these Terms you will not be allowed to proceed with your intended purchase, we cannot provide you with any Services, and we ask you to cease using the Website.
(b) You agree that the contract between you and MyHealthTest is formed when MyHealthTest communicates acceptance of your offer either by phone or email, this may be in the form of a ‘confirmation of order’.
MyHealthTest reserves the right to change these Terms from time to time, and at any time, and you agree to be bound by any such changes when they are posted on the Website.
2. TERMS OF PURCHASE
2.1 Application of this clause
This clause 2 applies to the purchase of Products or Services directly from MyHealthTest, whether through the Website or in any other way.
2.2 Sale and Purchase
Subject to your compliance with these Terms, in consideration for the payment of the Price, we agree to sell and you agree to buy the Products and/or Services listed in the Order on these Terms.
(a) Orders for Products and/or Services can be placed with MyHealthTest
(ii) by obtaining a MyHealthTest sample collection test kit, following the instructions to obtain a sample and completing the Test Request Form which identifies the Person Being Tested and the requested test service details
(iii) by a formal quote from MyHealthTest Customer Service for a corporate program including bulk purchase of test services.
(b) MyHealthTest reserves the right to accept or reject (in whole or in part) any Orders placed.
(c) Once an Order has been received and accepted by MyHealthTest, an order confirmation will be sent to your nominated email address.
(d) If MyHealthTest rejects an Order, an order rejection will be sent to your nominated email address.
(e) You may cancel your Order only if we have not yet:
(i) dispatched the Product; or
(ii) provided the Service,
(whichever is applicable).
(f) If you wish to cancel your order, please contact firstname.lastname@example.org. We will notify you of the outcome of your cancellation via an email to your nominated email address. If you successfully cancel your Order we will organise a full refund of the Price already paid.
2.4 Subscription Services
(a) A “Test Service Subscription” or “Subscription” means the agreement to purchase two or more of the same Service at regular intervals of any MyHealthTest Service at a frequency determined by you the customer, and paid for by you at the time at which each Service Order is created in order to provide each individual Service to you.
(b) A Subscription for MyHealthTest Services can be created by placing an order for that Subscription in accordance with clause 2.3.
(c) Subscriptions are perpetual unless you cancel your Subscription in accordance with clause 2.4(j).
(d) A Subscription is valid for one test Service type only, and you specify this at the time of ordering the Subscription. You also agree that the Service type specified in your Subscription cannot be swapped for an alternate test Service type.
(e) Subscription Activation
(i) To activate a Subscription you must nominate a preferred time interval between each Service within the subscription (“Subscription Interval”). You must set an initial valid Subscription Interval at the time of placing an order for a Subscription. You can subsequently adjust the Subscription Interval (change the period between test Services within this Subscription) as detailed in clause 2.4(h).
(ii) The sample collection Test Kit for the initial Service within your Subscription will be dispatched to you in accordance with clause 2.7, soon after the initial order for the Subscription itself is accepted.
(iii) Your payment details must be verified before your Subscription can be activated. If your initial payment authorisation is invalid or revoked, then your Subscription will be terminated. We reserve the right to reject any Subscription order at any time.
(iv) MyHealthTest reserves the right to suspend or cancel your Subscription at any time in its absolute discretion.
(f) Processing and Payment.
(i) Payment for all Services provided within your Subscription will be charged to your nominated debit or credit card. Payments for Services provided within Subscriptions cannot be charged to PayPal. If your nominated debit or credit card is invalid, or your payment is otherwise rejected, your Subscription may automatically be cancelled. MyHealthTest will not accept responsibility for any claims arising from cancellation of your Subscription or failure to create a new Service Order or provide a test Service if your nominated debit or credit card is invalid, or your payments for those Services are otherwise rejected.
(ii) Provided your Subscription remains current and valid, then on or about the next working day after the Subscription Interval has elapsed since the last Service Order in your Subscription, a new Service Order will be created automatically in our system to provide the next Service in your Subscription. Each such Service Order will be fulfilled and delivered in accordance with clauses 2.1 through 2.3, and 2.5 through 2.9.
(iii) Each Service Order created within your Subscription will lead to the dispatch of relevant sample collection Test Kit(s) to the current delivery address recorded in your Customer Account (in the “My Account” section of the Website). It is your responsibility to ensure that the delivery address recorded in your Customer Account is accurate and current. MyHealthTest will not accept responsibility for any claims arising from unsuccessful attempts to deliver the Test Kit to you if your delivery address was incorrect in your Customer Account at the time of dispatching the Test Kit to you. If you require a new sample collection Test Kit be dispatched to you to complete a given Service then please contact our Customer Service team (see contact details on the Website) and a new kit will be arranged for you, however a processing and handling fee will be charged to your nominated credit card to cover the additional costs of dispatching this replacement kit to you.
(g) Test Services provided within a Subscription
(i) When you order a Subscription, you agree to pay the price for the test Service stated at the time of your order. Any discount eligibility is determined at the time of that order and applies for the first test Service only. After that initial test Service the price charged for subsequent test Services will be the Subscription Service price applicable on the day the new Service Order is created as per clause 2.4(f)(ii). Discounts cannot be applied retrospectively.
(ii) MyHealthTest reserves the right to change the prices and fees at any time. We will provide you with fourteen (14) days notice (“Subscription Price Notice Period”) if the base price of a Subscription Service changes from the base price that was stated at the time of your initial Subscription order, or any subsequent update.
(iii) Price changes will take effect from your next Service Order within the Subscription after the Subscription Price Notice Period. If you do not wish to continue your Subscription at the revised price, you may cancel your Subscription in accordance with clause 2.4(j).
(iv) MyHealthTest may at times offer special promotions and other offers in relation to our Services. The specific terms and conditions of each offer will be stated at the time of such promotions. If at the time of fulfilling the next Service Order within your Subscription there is a general promotion on offer for the same Service as your Subscription, then you will be entitled to the terms of that promotion for that specific Service, including a reduced selling price for the Service if applicable.
(v) MyHealthTest reserves the right to modify the content and inclusions packaged in or along with the sample collection Test Kit dispatched to you for any specific Service order within your Subscription.
(h) Managing your Subscription
(i) You can manage your account, personal details, delivery address and Subscription Interval in the “My Account” section of our Website, or by contacting our Customer Service team (contact details on the Website). Allow 5 business days for any requested changes to be implemented.
(ii) Subscriptions cannot be suspended under any circumstances.
(iii) The Subscription Interval (the period between test Services within the Subscription) can be specified in whole calendar months between one (1) and twenty-four (24) months. The maximum Subscription Interval is twenty-four (24) months.
(iv) If at any point you wish to have your subscription redirected to a new address, update these details through the MyHealthTest website or by contacting Customer Service, see details at the end of these Terms and Conditions. At least 5 business days’ notice must be given for a change in address to take effect
(i) Your obligations
(i) It is your responsibility to notify MyHealthTest if your sample collection Test Kit has not been delivered according to the nominated subscription cycle, within 7 days of the missed delivery.
(ii) It is your responsibility to report to MyHealthTest if deliveries continue to be made and/or payments continue to be deducted, if you believe a cancellation should have been processed.
(iii) MyHealthTest will not refund past Subscription payments if you have failed to contact MyHealthTest directly to cancel your Subscription.
(iv) MyHealthTest will not refund past Subscription payments if you have failed to contact MyHealthTest directly to report unexpected payments on your account within three months of those payments being made.
(v) MyHealthTest will not provide any credits to a Subscription if you have failed to contact MyHealthTest directly to report non-delivery of your sample collection Test Kit within 7 days of the occurrence of the non-delivery.
(vi) It is your responsibility to maintain a current and valid payment facility in your Customer Account on the Website in order to pay for Service Orders created within your Subscription. Failure to do so may jeopardise future Service Orders within your Subscription as per clause 2.4(f)(i).
(vii) It is your responsibility to maintain in your Customer Account on the Website a current and valid delivery address that Australia Post can successfully deliver small packages to. This is required to allow successful delivery of the sample collection Test Kit(s) that are dispatched to you in fulfilment of the Service Orders created within your Subscription. Failure to do so may incur additional charges as per clause 2.4(f)(iii).
(j) Cancel a Subscription. You may cancel a Subscription subject to these conditions:
(i) You must have paid for at least two (2) test Services within the Subscription.
(ii) You may then cancel the Subscription either in the “My Account” section of the Website, or by contacting our Customer Service team (contact details on the Website). You may request that your Subscription be cancelled at any time after the payment for your first two test Services.
(iii) When you cancel a Subscription, you can cancel only future charges associated with that Subscription. Test Services that have already been initiated within a Subscription (by creation of the relevant Service Order and dispatch of the associated Test Kit) are non-refundable.
(iv) If you wish to cancel your Subscription, then to avoid the initiation of the next Service within your Subscription and the associated costs therein you must request the cancellation of your Subscription in accordance with Clause 2.4(j)(ii) at least five (5) business days before your next Service is due.
(v) If you make a cancellation request to MyHealthTest and we are unable to identify your Subscription from the information you have provided, we will contact you to request further identifying information. In the event this occurs, you must respond to our request otherwise your Subscription will not be cancelled. Your request to cancel your Subscription will not become effective until sufficient information is provided by you to unequivocally identify the Subscription to be cancelled.
(a) The price of all Products, Services, delivery, and any other fees or charges that may apply (the Price) must be paid in full at the time you place an Order.
(b) Unless specified otherwise in these Terms, pPayments may be made by credit card, PayPal® or eWAY, or by some other means permitted by us from time to time.
(c) All Prices appear in Australian dollars and are inclusive of GST (where applicable).
(d) Prices are correct at the time of display on the Website, although they are subject to change.
(e) You are not entitled to set off the Price against any sums owed or claimed to be owed by MyHealthTest to you.
2.6 Security of Payment
(a) MyHealthTest uses the NetSuite accounting and transaction platform and the eWAY and Paypal payment gateways for its online credit card transactions. All online credit card transactions performed on the Website are secured payments.
(b) The following information applies to payments received by MyHealthTest via the Website:
(i) Payments are fully automated with an immediate response;
(ii) Your complete credit card number cannot be viewed by MyHealthTest or any outside party;
(iii) All transactions are performed under 256 Bit SSL Certificate;
(iv) All transaction data is encrypted for storage within bank-grade data centres, further protecting your credit card data; and
(v) eWAY and Paypal are authorised third party processors for all the major Australian banks; and
(vi) NetSuite, eWAY and Paypal advise that they meet the PCI-DSS standards.
(c) If you have questions about security of payment through our Website, you can email us at email@example.com.
2.7 Delivery of individual online orders
(a) The Price must be received in full before any Products are dispatched for delivery or any Services provided.
(b) We endeavour to dispatch your Order within 48 hours of receipt of payment and acceptance of the Order.
(c) We will send the Products to your nominated address and you must pay all delivery costs.
(d) We send our Products using standard Australia Post delivery services and we estimate that orders will typically be received within 7 to 10 working days after dispatch.
(e) To ensure faster delivery, you can select to have your Product delivered by Australia Post Express Post service and we estimate that orders will typically be received within 3 working days after dispatch.
(f) On rare occasions when we are temporarily out of stock, you will be contacted by either telephone or email and advised when the Product is expected to be available for delivery.
(g) We may (in our absolute discretion) deliver the Products in any number of shipments.
(h) Whilst we will use our best endeavours to meet the timeframes stated for delivery, please note that many factors can affect these timeframes and cannot guarantee that timeframes will always be met.
(i) We are not liable for any costs, losses, damages or expenses arising from a failure to deliver the Products or a failure to deliver the Products in the estimated timeframes.
2.8 Ownership & Risk
(a) Title to the Products will only transfer to you once we have received full payment.
(b) Risk in the Products passes to you at the time of delivery. Delivery is deemed to occur when we deliver the Products to Australia Post.
2.9 Defective Products
(b) A Product is deemed to be defective if:
(i) it is not of merchantable quality;
(ii) it is not fit for any purpose for which it is acquired by you;
(iii) it does not conform to any sample, specification, or other description given to you by MyHealthTest in relation to the Product;
(iv) being in the nature of Services, they are not of a reasonable standard, quality, value, or grade; or
(v) it does not comply with any consumer guarantee or implied warranty applicable to the supply of the Products which cannot be excluded (including pursuant to the Competition and Consumer Act 2010 (Cth)).
(c) If you believe a Product purchased from MyHealthTest is defective (as defined in clause 2.9(b)), you must notify us in writing within 48 hours of delivery of the Product (via email, to: firstname.lastname@example.org), and you must send the defective Product back to us via Australia Post standard domestic letter service in its original condition and packaging within 7 days of giving us that notification. If you do not give MyHealthTest notice or send the Product back to us within these timeframes and in its original condition, the Product is presumed to have been delivered in good and merchantable condition, which presumption can be rebutted.
(d) If the Product returned to us in accordance with clause 2.9(c) is found to be defective, we will reimburse you within 30 days for the cost of returning the defective Product to us via Australia Post standard domestic letter service. The process of reimbursement will be set out in an email from us to your nominated email address.
(e) To the extent permitted by law, our liability to remedy a defective Product or for a breach of a Consumer Guarantee, condition or warranty implied by the Australian Consumer Law is limited to any one or more of the following (in our absolute discretion):
(i) in the case of Products:
- the replacement of the Products or the supply of equivalent Products, or payment of the cost of the same;
- the repair of the Products, or payment of the cost of the same; or
- a refund of the Price upon the return of the Products to us in accordance with clause 2.9(c); and
(ii) in the case of Services:
- supplying the Services again; or
- payment of the cost of supplying the Services again; or
- a refund of the Price.
3. INDIVIDUAL TEST KIT USE, RESULTS AND REPORTING
3.1 Application of this clause
This clause 3 applies to the use of any MyHealthTest test sample collection kit (“the Test Kit”), whether purchased or acquired directly from us or from a third party (including retail outlets).
3.2 Test Kit use
(a) You must carefully follow the instructions provided with the Test Kit.
(b) Once you have collected your sample, return it to MyHealthTest along with the completed and signed requisition form in the pre-paid envelope provided.
(c) Once MyHealthTest has received your returned sample and requisition form, MyHealthTest will deliver your sample to a quality-controlled pathology laboratory to be processed.
(d) If we do not receive a fully completed and signed requisition form, we will not process your sample. We will notify you of the failure to provide the requisition form via email and allow you the opportunity to resend that.
3.3 Pathology laboratory processing for Test Kit
(a) The results from processing your sample (“the Results”) are estimated to be returned to MyHealthTest from the pathology laboratory two to seven days from when we receive your sample.
(b) As we may use external pathology laboratories to process your sample, whilst we will use our best endeavours to meet the timeframes stated for delivery of the Results, we cannot guarantee that timeframes will always be met.
(c) We are not liable for any costs, losses, damages or expenses arising from a failure to deliver the Results or a failure to deliver the Results in the estimated timeframes.
(d) Your sample will be retained by MyHealthTest for a minimum of three weeks after it is received.
(i) deliver the Results to you electronically in a secure encrypted format via the MyHealthTest Results Portal (“Test Results Portal”) on the Website, and/or via a secure electronic document attached to an email addressed to you; and/or via a third-party password-protected secure portal; and if via the Test Results Portal
(ii) send you an email with instructions on how to access your Test Results Portal account.
(b) If, in your requisition form or in the account profile configuration pages of your Test Results Portal on the Website, you have also directed us to deliver the Results to your general practitioner, other medical professional, or other third party (“authorised recipient”) by providing us with their contact details for the purpose of delivering the Results, we will:
(i) deliver the Results to the authorised recipient electronically in a secure encrypted format via the Test Results Portal on the Website;
(ii) send the authorised recipient an email with instructions on how to access their Test Results Portal account; and
(iii) in our absolute discretion, we may also deliver a copy of the Results report to the authorised recipient by another means, including facsimile or post.
(c) Where you have instructed us to deliver the Results to an authorised recipient that is not your general practitioner or other medical professional, you warrant and represent that:
(i) you have obtained the authorised recipient’s consent to provide us with their personal information; and
(d) Where MyHealthTest uses an external pathology laboratory to process your sample, your test results and any relevant personal information you provide will be shared with MyHealthTest and the external pathology laboratory.
3.5 Confidentiality and Privacy
(b) To the extent that any such information is not deemed to be a “health record” (for the purposes of the Health Records (Privacy and Access) Act 1997 (ACT)) or “health information” (for the purposes of the Health Records and Information Privacy Act 2002 (NSW) and Health Records Act 2001 (VIC)), MyHealthTest will still treat that information as confidential and private in accordance with the above clause 3.5(a) as if it were a “health record” or “health information”.
3.6 Reasonable care
(a) MyHealthTest takes all reasonable care to ensure that samples are handled and processed in accordance with industry standards, however MyHealthTest makes no guarantees as to:
(i) the prevention of contamination of the samples; or
(ii) the accuracy of the Results provided.
(b) MyHealthTest will take all reasonable care in following the instructions and information you have provided in the requisition form or otherwise relating to the Test Kit.
(c) Subject to clause 3.6(b), MyHealthTest is under no obligation to investigate the truth or accuracy of the instructions or information you have provided to us in relation to the Test Kit. You agree we have no duty to contact your authorised recipient to verify their contact information. MyHealthTest disclaims all liability for any loss or damage whatsoever arising (including from breach of confidentiality) out of your failure to:
(i) properly follow the instructions on the Test Kit;
(ii) provide us with true and accurate information via the requisition form or otherwise in connection with the Test Kit; or
(iii) correctly authorise an authorised recipient to receive the Results,
and you agree to indemnify MyHealthTest against any person’s claim in relation to such loss or damage.
4. INDIVIDUAL CUSTOMER’S OBLIGATIONS AND INDEMNITY
(a) You warrant that you have the authority to obtain, collect, and submit any personal information or sample delivered to MyHealthTest in connection with the use of the Website or the purchase of Products or Services from us.
(b) If you are purchasing any Products or Services on behalf of another person that does not have legal capacity, for example if that person is under 18 years of age or if they suffer from a disability, then:
(i) you make the warranties in clause 4.1(a);
(ii) you warrant that you are that person’s legal guardian; and
(iii) you warrant that you have the authority to bind that person to these Terms.
4.2 Follow instructions
(a) You warrant and represent that you will follow the instructions and procedures on any Products (and particularly the Test Kits) that are purchased from us.
(b) You agree to indemnify MyHealthTest for any claims for loss or damage suffered by any person arising out of the breach of your warranties and representations described above in clause 4.2(a), including from incorrect or inaccurate Results caused by your incorrect use of the Products or Test Kits, or by your incorrect use of any of the products provided by third parties which you engage us to process and deliver Results from.
4.3 Accuracy of information
You warrant and represent that any information provided to MyHealthTest is true and accurate.
4.4 Customer Account
(a) With respect to your customer account, you warrant and represent that you will:
(i) Only submit accurate information;
(ii) Keep it up to date and accurate at all times;
(iii) Choose an appropriate password (having regard to any password criteria posted on the Website); and
(iv) Not transfer your account to another individual without our consent.
(b) If you choose to give access to your customer account, Results, or Test Results Portal to third parties, any details provided therein must be accurate, and we disclaim any liability in connection with a third party abusing or misusing your customer account as a result of your granting that access.
You agree to indemnify and hold MyHealthTest harmless for any claims for loss or damage suffered by any person arising out of your breach of these Terms, and in particular your warranties and representations described in this clause 4, including but not limited to:
(a) your failure to obtain proper authority to obtain, collect or submit any information or sample to us;
(b) your failure to follow the instructions for any Product or Test Kit;
(c) your failure to provide us with true and accurate information; and
(d) granting any third party access to your personal information.
5. DISCLAIMER AND LIMITATION OF LIABILITY
5.1 Website information – NOT MEDICAL ADVICE
The information provided on the Website is general information only. MyHealthTest does not provide any medical advice. No information, Product, or Service provided by MyHealthTest is intended to diagnose or treat any disease, or replace the relationship between you and your doctor. We strongly recommend that you seek medical advice from a registered medical practitioner.
5.2 Test Kit Results – NOT MEDICAL ADVICE
(a) MyHealthTest will deliver you the Results provided by the pathology analysis laboratory based on the sample you submitted to us. MyHealthTest is not liable for any representations made by the laboratory with respect to the Results.
(b) The Results are merely informational. They are not intended to diagnose or treat any disease, or replace the relationship between you and your doctor. If you seek medical advice or if you need assistance in the interpretation of the Results, we strongly recommend that you contact a registered medical practitioner.
5.3 No warranties for security of the Website
MyHealthTest makes no warranties that the information on the Website is free of infection by computer viruses or other contamination.
5.4 No liability for loss or damage
In no event will MyHealthTest be liable (including liability for negligence) for any loss or damage whatsoever arising out of:
(a) a person’s reliance upon the material contained in the Website or any other information incorporated by reference;
(b) a person ‘s use of, access to or inability to use or access the Website or any internet website linked to the Website;
(c) the purchase of any Product or Service from MyHealthTest;
(d) any information provided by MyHealthTest in connection with any Products or Services purchased from MyHealthTest, including the Results from any Test Kit; or
(e) a person’s use or misuse of any Product purchased from MyHealthTest.
6. INTELLECTUAL PROPERTY AND LINKED WEBSITES
Copyright in the content of the Website and in any Product or Service purchased from us is owned by MyHealthTest unless otherwise indicated. Any infringement of MyHealthTest’s rights will result in appropriate legal action.
6.2 Trade Marks
Trademarks and logos displayed on the Website are the property of MyHealthTest or other third parties. You are not permitted to use any of these trademarks without the prior written consent of MyHealthTest or that third party.
(a) To the extent where MyHealthTest owns the copyright in material published on the Website, MyHealthTest grants you a licence to copy any of the content published on the Website for non-commercial use only, provided that any copied content from the Website retains all copyright or other proprietary notices of ours and any disclaimer contained thereon.
(b) This license is for the sole purpose of enabling you to use and enjoy the benefit of the content provided by MyHealthTest, in the manner permitted by the Terms.
(c) MyHealthTest disclaims any and all liability which may result from any unauthorised reproduction or use of the information on the Website.
6.4 Linked Websites
(a) The Website contains links that enable you to easily access other websites that may be of interest to you. They are provided for your convenience only.
(b) While these links may contain helpful information, we do not have control over those sites or their policies regarding privacy and protection of your personal data.When you follow links to other websites we strongly recommend that you read the privacy policies that apply to those sites.
(c) The fact that these links exist does not constitute an endorsement of those websites by MyHealthTest. MyHealthTest takes no responsibility for the content on or the security of the linked websites (including any products or advertising on them). You agree that MyHealthTest is not responsible or liable for any loss or damages that you may suffer or incur due to any actions caused by those websites or your use of those websites.
7.1 Termination of access to the website & Test Results Portal
MyHealthTest reserves all of its rights, including the right to:
(a) terminate your access to the Website and the Test Results Portal;
(b) terminate your customer account; and
(c) block future access to the Website, the Test Results Portal and your customer account,
if you violate any of these Terms.
7.2 Termination of the supply of Products or Services
If payment of an Order is not completed or accepted, MyHealthTest reserves its rights to terminate the delivery of any Order contingent on that payment.
MyHealthTest reserves all of its rights to recover any loss or damage incurred as a result of your breach of these Terms.
If any provision of these Terms is found to be void, unlawful or unenforceable for any reason, then that portion of the provision which creates the invalidity, unlawfulness or unenforceability will be severable from these Terms and will not otherwise affect the validity and enforceability of any remaining provisions.
10.2 Governing law
You agree that all matters relating to the use of the Website and purchase of any Products or Services from the Website, including all disputes, are governed by the law of the Australian Capital Territory and the Commonwealth of Australia, and you unconditionally submit to the non-exclusive jurisdiction of their courts.