Terms of Use

This agreement applies as between you, the User of this Web Site and Hexpress Healthcare Ltd of 138-140 Mitcham Road, London trading as LabsDirect the owner(s) of this Web Site (hereinafter collectively referred to as LabsDirect/we/us/our). Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these Terms and Conditions, you should stop using the Web Site immediately.

No part of this Web Site is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to you indicating that your order has been fulfilled and is on its way to you. In this regard you will also be bound by the Terms and Conditions of our laboratory(s) together with our carrier/shipping agents and/or their contractors etc.

1.1 General

1.1.1 LabsDirect undertake to send the user (You) Home Test Kit(s) for the purpose of providing screening for various health concerns and conditions, including but not limited to sexual health, DNA, Paternity, Allergies etc. Please refer to the specific terms below relating to the various services offered;

1.1.2 Sexual health screening Home Test Kits;

Sexual health screening Home Test Kits are provided for the purposes of sexual health screening from a urine sample. After completion of our registration form the sample will be sent by You to our contracted laboratory for the purposes of testing for the sexually transmitted infection that you have requested to be screened.

1.1.3 DNA and Paternity Home Test Kits;

'Sample', 'DNA sample' or 'Paternity sample' shall mean mouth swab or any other biological sample accepted by our laboratory for DNA analysis. 'DNA paternity testing' and 'DNA paternity analysis' shall refer to any type of relationship analysis and shall be carried out using whatever genetic test (or tests) deemed necessary by our partner Laboratory.

Our partner Laboratory will only conduct the requested DNA analysis on receipt of a completed registration and order form accompanied by the correct fee for the service requested. In addition the samples received must be in the sealed sample envelopes countersigned by the applicant indicating that they have personally collected the samples and that these have not been contaminated. Our partner laboratory reserves the right to withhold test results until cleared payment has been received.

In the event that our laboratory initiates legal action or appoints an agent to recover unpaid testing fees we reserve the right to add reasonable collection expenses and legal costs to the outstanding debt. Stopped payments will incur a £25 administration fee when represented.

The test report is provided solely for the information of the applicant and is not deemed admissible as evidence in a court of law. If it is intended that the tests are to be used in any court proceedings you should obtain independent legal advice before seeking a DNA test and ensure that our partner laboratory is informed prior to commissioning the test.

The applicant confirms that they are legally entitled to possession of the samples supplied to our partner Laboratory. The applicant accepts to cover our partner laboratory and LabsDirect for any loss or damage that may be suffered as a result of the samples not having been obtained legally. Applicants should, if in any doubt, seek independent legal advice about their entitlement to obtain samples before doing so.

Submission of a sample with a completed registration form constitutes an order and authorises our partner laboratory to commence the testing process and incur the associated fee. If after submission of same an order is cancelled, the fee is non refundable.

Our partner laboratory cannot accept responsibility for errors or omission by the sampler or their agent, nor for samples delayed or mislaid by third party postal services.

In the event that the samples provided are inadequate (by either / or quality or quantity) for the purpose of conducting a DNA analysis, our partner laboratory reserve the right to request further samples.

Any samples submitted for testing on swabs other than that supplied by our partner laboratory, samples damaged or potentially compromised in transit, or samples supplied without a properly completed and verified registration form may be destroyed by our partner laboratory without reservation.

Our partner laboratory will take all reasonable steps to ensure that reports are provided within the advertised time frames but cannot accept any responsibility for delay caused by a third party or parties.

Our partner laboratory will supply the report results only to the customer who has supplied the sample and completed the registration form (or the legal representatives of). Reports are only available in writing (by e-mail or letter).

All samples may be destroyed after the test results have been supplied to the registered customer.

Any alleged claim for damages as a result of omission or malpractice shall be limited to £1000.00 in respect of each test application. Any such claim will not be accepted unless it is made in writing within six months of the test date.

Clause 1.1.3 and the services supplied by our partner laboratory is subject to English Law and the jurisdiction of the English courts. Our partner Laboratory undertakes to deal with any complaint quickly and fairly.

1.1.4 Such tests are subject to the terms and conditions of this agreement and the terms and conditions of our assessment laboratory(s).

1.1.5 It is in your best interest that you inform your Doctor of your use of the services and or tests/kits provided alternatively you may provide us with written consent for us to inform your Doctor on your behalf.

1.2 Warranties by You

1.2.1 You warrant and undertake to complete the registration form truthfully and honestly, revealing and disclosing all relevant information truthfully and to the best of your belief and knowledge.

1.2.2 You agree to promptly send your urine sample and or the sample as detailed in clause 1.1.3 to our partner laboratory in the envelope provided.

1.2.2 This Agreement becomes immediately null and void if you answer any question contained in the registration form found on this website untruthfully or if you falsify the contents thereof in any manner whatsoever. LabsDirect reserves the right to accept or decline any order in its absolute discretion without having to give a reason. Our decision in this regard is final.

1.2.4 When you register with and use this Web Site, that you are over the age of 18 (EIGHTEEN) years old.

1.3 Warranties by Us

1.3.1 We warrant and undertake that your registration form and order will only be viewed by a member of staff at LabsDirect and that the test results will only be available to You, LabsDirect and the laboratory concerned. Only your names and date of birth will be disclosed to the laboratory staff for the purposes of identification when the results are returned.

1.3.2 Your results will also be available to view online on entering your login ID and password alternatively emailed at your request.

1.3.2 Under certain circumstances our partner laboratory may be required to send your result directly to you. We will notify you accordingly of such eventuality.

2. International Customers

If Goods are being ordered from outside LabsDirect's country of residence, import duties and taxes may be incurred once your Goods reach their destination. LabsDirect is not responsible for these charges and we undertake to make no calculations or estimates in this regard. Kindly contact your local customs authorities for further details on costs and procedures. As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes and LabsDirect cannot guarantee that the packaging of your Goods will be free of signs of tampering or that your order will arrive timeously.

3. Shipping and Delivery

All orders are sent by one of our carrier services agents or third party companies' and a signature is required on delivery to confirm receipt of the package. Any signature provided by a third party at the delivery address given by yourself will be deemed to be receipt of the medicines.

Orders are discreetly packaged with no mention of the products enclosed or company details to ensure privacy and discretion is kept to a maximum for you.

If you are not home to sign for your delivery a calling card should be left by the post man. This card will provide details of where you can collect the order from. If it is more convenient, you can choose to have your delivery sent to your work address alternatively another address that is more convenient to you.

Delivery will vary from country to country. UK deliveries are next day, deliveries into Europe take approximately 3-5 working days and outside the UK and Europe take approximately 7-10 working days (subject to any reservations above). We reserve the right to vary the Terms and Conditions of delivery at any time whatsoever and cannot guarantee that in all instances these delivery timelines will be adhered to.

We are not responsible for failure of shipping and or carrier services / agents or third party companies' inability to deliver medicines to the correct address or within any particular time or date. We do however reserve the right to offer refunds etc at our sole discretion if circumstance so warrants.

Once a package has been shipped by one of our shipping and or carrier services / agents or third party companies' you are bound by the Terms and Conditions of their use together with the Terms and Conditions contained herein.

4. Intellectual Property

4.1 All material contained and presented on this website, including but not limited to text and graphics is our copyright or similar rights, our affiliates or other relevant third party, unless otherwise expressly stated. By continuing to use the Web site you acknowledge that such material is protected by applicable UK, EU and International intellectual property and other laws.

4.2 We reserve all its rights and strictly forbid any unauthorised use or duplication. Any statutorily authorised rights to print or download are strictly limited for your sole personal use. No material, however, can be used for any commercial purpose whatsoever.

4.3 Any copies of the pages of this website which you save, by any means whatsoever can only be used for subsequent viewing purposes or to print extracts for personal use.

4.4 Unless otherwise expressly permitted in writing, you may not create a database in any form whatsoever of these web pages.

5. Disclaimers

5.1 We do not represent nor make any warranty in respect of the accuracy, reliability or continuous supply of any of the information on this website. The services and information contained on this website are only for general information and use and are not intended to address your particular requirements. Furthermore, information provided through this Service is not intended to substitute for a consultation with your doctor nor replace other medical advice of relevance to your health.

5.2 Any reliance you place upon any material on this website will be at your sole risk. We reserve the right in our sole discretion, but without any obligation, to make amendments or improvements to, or withdraw or correct any error or omission in any portion of the material without notice.

5.3 In particular, our services and information do not constitute any form of advice or recommendation by us and are not intended to be relied upon by you in making any specific medical or other decision. Appropriate independent medical advice should be obtained before making any such decision.

5.4 LabsDirect and its Service partners and or partner laboratory(s) accept no liability arising out of your use of this Service or for any adverse outcome from your use of the information provided by this Service for any reason, including but not limited to any misunderstanding or misinterpretation of the information provided through this Service

5.5 Our services and the materials on this website are provided by us on an "as available" basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

5.6 LabsDirect accepts no liability for any disruption or non-availability of the Web Site resulting from any cause whatsoever.

6. Limitation of Liability

6.1 To the fullest extent permitted by applicable laws, we hereby exclude liability for any claims, loss, demands or damages of any kind whatsoever with respect to our services, information and materials given by us including, without limitation, direct, indirect, incidental or consequential loss or damages. The foregoing will apply whether such claims, loss or damages arise in tort, contract, negligence, under statute or otherwise.

6.2 Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.

7. No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

8. Previous Terms and Conditions

Should any conflict between these Terms and Conditions and any prior versions arise, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

9. Notices

All notices and or communications of any nature whatsoever, shall be given to us by email to enquiry@labsdirect.com.

10. Law and Jurisdiction

Your visit to and use of this website and any dispute over liability is subject to these Disclaimers and the laws of England and Wales.

11. Changes to Terms of use

We reserve the right to change these or any other terms and conditions without reference to you.

12. Privacy Statement

12.1 We are committed to protecting and respecting your privacy and to using technology to ensure your online security. Before you use certain areas of this website we ask you to register and to enter your personal information, including sensitive personal data as defined by the Data Protection Act I998 ('the Act'). We will not release to any third party any personally identifying information obtained in this way, without your prior written consent. We will only use the information that we collect about you lawfully and in accordance with the Act.

12.2 In respect of the aforementioned sensitive personal data, by accepting this Agreement you grant us explicit consent to collect such data.

12.3 We will limit the collection and use of such information to the minimum required to deliver, develop and improve our services and other opportunities and the better administration of the Doctor's consultation.

12.4 The personal information which we hold will be held securely in accordance with our internal security policy and the law.

12.5 To make sure your personal information remains confidential, we communicate these privacy guidelines to all of our employees.

12.6 This website may contain links to other websites however we do not share your personal information with those websites and are not responsible for their privacy practises. We encourage you to learn about the privacy policies of those companies. Accordingly, this privacy statement and policy apply only to this website and not to linked websites.

12.7 Your visit to and use of this website and any dispute over privacy is subject to this Statement of Privacy and the laws of England and Wales.

12.8 For credit card payments, we use a secure SSL / 128 bit encryption.

12.9 Cookies are used on LabsDirect for purposes of improving quality.

12.10 In accordance with the law we do not send random, (third party) marketing emails to personal email addresses, (spam).

12.11 This Statement is applicable only to information collected from you during your visit to this website. We will display a prominent notice on this website's home page whenever this Privacy Statement is updated or changed and you should check our Privacy Statement periodically. By choosing to continue usage of this website, you agree to the terms of this Privacy Statement.

12.12 You are also advised to familiarise yourself further with the Privacy Policy found at LabsDirect.