Contract of Sale: The contract of sale relates to the testing service provided by Randox to you the customer.

Test kit: The contract of sale includes the provision of a testing kit as part of the testing service. If you fail to provide the correct shipping address and do not receive the kit you are responsible and Randox is not liable.

Where you are ordering our Services online, including where you book online for an on-site appointment, our website will guide you through the steps you need to take to place an order with us. Please take the time to read and check your order at each stage of the order process. It is your responsibility to ensure that all information you submit to us is complete and accurate. No refunds will be given, and we shall not be liable, if we are unable to properly supply our Services to you because you have provided incomplete or inaccurate information.

Payment must be received in full prior to us processing your online order, including where you book online for an appointment. Once payment is received, we will confirm our acceptance of your order to you by sending you a confirmation email. The contract (“Contract”) between us, including these Terms, will only be formed on

the date we send you this acceptance confirmation. If we are unable to accept your order, we will inform you of this and will not charge you for the Services.

By purchasing a test and giving a sample you are providing us and our laboratory with your informed consent to perform the tests you have ordered.

4.1 Randox will provide you with instructions in your testing kit. You should endeavor to use the testing kit in accordance with this set of instructions. If you do not follow these instructions, this may result in Randox being unable to test your sample or report your result. You will be notified that your sample has not met sample acceptance criteria. You will be required to purchase another kit if this occurs.

4.2 By purchasing our service you are giving Randox your informed consent to perform the tests you have ordered.

4.3 Randox will use reasonable care and skill when testing the sample and will perform all other aspects of the service to the same standard, including our dispatch, reporting and after-sales customer support.

4.4 You will be required to provide the following information to Randox Health:

• the unique registration number (URN) on your test kit
• your date of birth
• your gender identification
• your email address (it is very important that this is recorded correctly so that your results are able to be delivered to the correct email address)
• your country of residence
• your nationality
• your telephone number
• the date and time your sample was collected
• your current address (including postcode)
• your ethnicity

4.5 This information will only be used for the purpose of providing the service to which you have consented, in line with data protection law. Please see our Privacy Policy for more details.

 Provision of Results. Results will be released directly to you via a secure link to an online portal.

 We are not responsible for delays outside our control. If the provision of test results is delayed by an event outside our control then we will take reasonable steps to minimize the effect of the delay. Provided we do this we will not be liable for any cost, expense or other loss or damage that you might suffer as a result of any delay caused by the event but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any services you have paid for but not received.

Dates given are estimates only.  Any dates given on our website, over the telephone, or in the order confirmation, are only an estimate of when your testing kit will arrive or when your test results could be received. We will not be liable for any cost, expense or other loss or damage that you might suffer as a result of delay.

You must note that certain tests (especially in the larger package) are more advanced and require time to run in the respective laboratories therefore the full report of results may not be rapidly released to you and with this no guaranteed timeframe.

Services Not A Substitute For Medical Judgement. THE SERVICES, TEST KITS AND TEST RESULTS ARE NOT INTENDED AS A SUBSTITUTE FOR ANY MEDICAL ADVICE OR PROFESSIONAL JUDGEMENT OF HEALTH STATUS. RANDOX DOES NOT PROVIDE MEDICAL ADVICE, NOR ADMINISTER ANY DIAGNOSTIC MEDICAL TESTS, PRESCRIPTIONS, OR OTHER HEALTHCARE INTERVENTIONS. RANDOX MAKES NO ENDORSEMENT OR REPRESENTATION AS TO THE ACCREDITATION, LICENSING OR GOOD-STANDING OF ANY HEALTHCARE PROVIDER UNDER APPLICABLE LAWS. YOU ACKNOWLEDGE AND AGREE THAT YOU AND YOUR HEALTHCARE PROVIDER ARE RESPONSIBLE TO EVALUATE THE TEST RESULTS AND INFORMATION OTHERWISE PROVIDED THROUGH THE SERVICES, TEST KITS AND RESULTS. YOU ACKNOWLEDGE AND AGREE YOU SHOULD OBTAIN PROFESSIONAL JUDGEMENT IN EVALUATING ANY RESULTS OR INFORMATION ASSOCIATED WITH THE SERVICES AND TEST KITS OR SERVICES WHEN UNDERTAKING ANY COURSE OF ACTION OR INACTION BASED ON THE TEST RESULTS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT RANDOX AND ITS REPRESENTATIVES SHALL NOT BE LIABLE FOR ACTS, OMISSIONS OR CONDUCT OF ANY THIRD PARTY (INCLUDING WITHOUT LIMITATION ANY LABORATORIES, HEALTHCARE PROVIDERS, CLINICIANS, CONTRACTORS OR OTHERWISE), AND/OR FROM THE RISK OF HARM OR ANY DAMAGES FROM THE SERVICES RENDERED OR FROM TEST KITS MANUFACTURED, DISTRIBUTED, DISPENSED OR SOLD BY ANY THIRD PARTY.

 Notwithstanding the foregoing, you agree that we may share your test results, name and contact information with a third party healthcare professional in the event it is required by law, required to perform the Services, or in our reasonable opinion is related to a potentially urgent health concern. 

Pricing. Price includes the test kit, that will be shipped to address provided by You (for countries outside of United States of America kits may be sent to clinic depending on your location and the regulations for specific country).

 Refund. The service provided by Randox starts from the moment of order. You have the right to cancel the contract at will within 14 days. Randox will only be able to offer a partial refund to reflect the costs already incurred by Randox.

Full refunds will be provided where the service falls short through no fault of the customer. Refunds in other circumstances will be at the sole discretion of Randox. Customers who wish to obtain a refund should contact Randox to request it and give the reasons why.

The Services you purchase from us are for private use only and you agree not to use the Services for any commercial purpose. We are not liable to you for any loss of profit, loss of business or revenue, business interruption or loss of business opportunity.

Subject as follows, our total liability to you in contract, tort, misrepresentation or otherwise resulting from an order for Services is limited to the total value of the Services – meaning the price you paid for the Services.

We shall not be in breach of these Terms and are not liable for any costs (including travel), loss, delay, inconvenience or damage you suffer as a result of:

• the sample you send being lost, delayed or damaged in transit or via post from you to us;
• the laboratory being unable to test your sample for any reason;
• samples having to be re-run or re-analyzed;
• test results not being made available to you within the turnaround time stated for any Services;
• your ordering of the wrong test or failure to understand the limitations of a particular test result(s) and/or test report;
• your failure to follow instructions provided to you in relation to sample collection or pre-sample preparation requirements, such as fasting;
• your failure to act upon our advice if we recommend that you seek medical advice or attention having taken a test;
• your misinterpretation of the test result and/or test report;
• your provision any information that Randox has requested, including the correct shipping address for Test Kits above; and
• Events Outside Our Control as described below.

This is a non-exhaustive list, and you should carefully read these Terms in their entirety for full details of our obligations.

If we fail to comply with the Terms then, subject to our cap on liability and other limitations below, we are only responsible for loss or damage you suffer that is a foreseeable result of our breach of the Terms or our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Contract. We are not responsible for any loss or damage that is not foreseeable.

In the event some jurisdictions do not allow the exclusion or limitation of damages to the extent indicated above, our liability in such jurisdictions shall be limited to the greatest extent permitted by law. You acknowledge and agree that the limitations set forth above are fundamental elements of this Contract and the services and website(s) would not be made available to you absent such limitations.

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our Services, or other contractual obligations, that is caused by any act or event beyond our reasonable control.

If an event outside our control takes place that affects the performance of our contractual obligations:

• we will contact you as soon as reasonably possible to notify you; and
• our contractual obligations will be suspended and the time for performance of our obligations will be extended for the duration of the event outside our control.

Where the event outside our control affects our delivery of testing kits to you, we will arrange a new delivery date with you once the event outside our control is over.

You may cancel an order affected by an event outside our control which has continued for more than 14 days. To cancel, please contact us. If you opt to cancel, we will refund in full the total price you have paid for the Services.

The services, website(s) and all materials, test kits, results, information, software, products, and tools (collectively, for the purposes of this section, “services”) that are included in or made available through the website(s) are provided as-is and without any warranty, representations, assurances, or guarantees of any kind  whatsoever, whether express or implied including, without limitation, merchantability, fitness for a particular purpose, or non-infringement.  Your use of the website(s) is at your own risk. Access to the website(s) and the services may be interrupted and the website(s) or the services available through the website(s) may not be error-free. Neither Randox, its affiliates or its or their suppliers nor anyone else involved in creating, producing, or delivering the website(s) or the services warrants that the website(s) or the services are accurate, reliable, complete, useful, or correct; that the website(s) or the services will be available at any particular time or location; that any defects or errors will be corrected; or that the website(s) is free of viruses or other harmful components. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

We will collect Personally Identifiable Information as part of our online testing kit registration process. Registration is essential for all testing and reporting of results to proceed, and it is essential that you complete these details, and confirm your  acceptance of this policy, personally.

The information we collect during registration includes:

• your name;
• your date of birth;
• your gender;
• your email address (it is very important that this is recorded correctly so that your results are sent to  the right email address);
• your country / nationality;
• Your telephone number; and
• the date and time your sample was collected.

We will not collect any Personally Identifiable Information which we, or relevant third parties, do not need.

It is important that the Personally Identifiable Information that we hold about you is accurate and current, and we cannot be held responsible for incorrect data that is provided by you. Please keep us informed if your Personally Identifiable Information changes during your relationship with us. If you fail to properly provide all requested data or provide incorrect data we may be unable to provide testing or notify you of your results. There is also a risk that third parties could be inadvertently provided with your data if, for example, you have not correctly entered your email address, or your email servers are compromised.

We will only use your Personally Identifiable Information when the law allows us to. Most commonly, we will use your Personally Identifiable Information on one or more of the following grounds:

1. Where we need to perform the contract that we have entered into with you (in the case of Randox in respect of private tests).
2. Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
3. Where we need to comply with a legal

Where we are using your Personally Identifiable Information that identifies your health data, we are doing that either on the basis of your explicit consent, your vital interests, for public interest, medical diagnostic reasons or preventative or occupational health reasons. A copy of the Report will be sent by email to the email address you provided to us when you signed up through our registration portal.

After your sample has been sent to us, please make sure to regularly check your emails (including any junk or spam folder) for any email attaching the Report. Please note that we are not responsible for the security of any domains in respect of email addresses you have given us. If you believe you have received a Report in error, please contact us at immediately. Additional information, including home address, is necessary for notifying the relevant public health or other Government authorities of the results of your test, if we are requested to do so.

As a controller or processor of Personally Identifiable Information, Randox and its affiliated companies must process your information fairly and lawfully. We will also process your data in accordance with the instructions of the relevant authority and the terms of our contract.

We also collect, use, and share Aggregated Data for any purpose. Aggregated Data could be derived from your data but is not considered Personally Identifiable Information as it will not directly or indirectly reveal your identity.

If User Data does not contain PII, and it cannot be used to identify a living person, directly or indirectly, it may be considered as Aggregated Data. Such generic unidentifiable data may be used for scientific statistical analysis for the sole purpose of improving public health and diagnostics. Aggregated Data may be commercialized by Randox. By agreeing to these terms and conditions you consent to the use of Aggregated Data in this manner.

Randox may generate New Data from your User Data, provided this is not PII or subject to intellectual property provisions under a related services contract.  Randox shall own the intellectual property rights of any New Data and shall be entitled to process as on the Aggregated Data basis referred to above.

We will not use any Personally Identifiable Information that we collect for marketing purposes unless you have separately signed up to receive marketing communications from us.

Randox will comply with our Data Privacy obligations, in line with our Privacy Policy and Consent to Service.

We may amend this Contract and these Terms from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons. The new Contract and Terms will be available on our website. Any such modification will be effective immediately upon public posting on our website.

If we have to revise the Terms as they apply to your order, and if you are not happy with the changes, you may cancel the order in respect of any test to be conducted, testing kit received (so long as it has not been opened, used or damaged) or just the testing kit you are yet to receive, or either of these combinations (if applicable).

The Contract is between you and us. No other person shall have any rights to enforce any of its terms.

Each of the paragraphs of the Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

If we fail to insist that you perform any of your obligations under the Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

Please note that the Terms are governed by the Law of the State of California. You and we both agree that the courts of the State of California will have exclusive jurisdiction.

For any questions or concerns regarding these Terms and Conditions, please contact us at info@randoxhealthla.com.