Terms and Conditions
TERMS AND CONDITIONS
Welcome to our website, JustLabTest.com. These terms and conditions provide your use of our website and the services provided therein. Throughout these terms and conditions, the terms “we”, “us” and “our” refer to JustLabTest.com whereas, “you”, “your” refers to visitors and individual users of this website and are collectively called parties. The word “agreement” used hereunder refers to these terms and conditions. Moreover, the words donating the gender in these terms and conditions include the masculine, feminine, and neuter whereas, references in these terms and conditions to the singular words include the plural and vice versa.
You acknowledge and agree that these terms and conditions are a legally binding agreement between you and us. You are requested to read these terms and conditions carefully and if you do not agree with any of the provisions herein provided, you should not access and use our website. If these terms and conditions of service are considered an offer, acceptance is expressly limited to these terms and conditions.
WHEREAS these terms and conditions WITNESSETH that in consideration of conditions herein contained, it is hereby covenanted, agreed, and declared by and among the parties (as defined herein) as follows:
SECTION 1: DEFINITIONS
In these terms and conditions (as defined herein), unless there is something in the subject matter or context inconsistent therewith, the following terms shall have the respective meanings ascribed below:
a) “Company” means JustLabTest.com
b) “Partner” means Quest Diagnostics as provided in section (4).
c) “User” or “client” means an individual user of our website or any patient who intends to get medical testing done either from JustLabTest.com or Quest Diagnostics.
d) “Services” means as defined in Section 3.
e) “Independent contractors” means physicians hired by JustLabTest.com to oversee the testing process as defined in Section 5.
f) Unless the context otherwise requires, words importing the singular include the plural and vice versa.
g) “Agreement” means “terms and conditions”, “hereto”, “herein”, “hereby”, “hereunder” and similar expressions refer to this Agreement and not to any Section, Article, or other portion hereof, and include any and every instrument supplemental or ancillary to or in implement hereof.
SECTION 2: ABOUT US
We are an online service to provide clinical laboratory testing to you. You will be required to purchase our services by placing an order and making payment by credit card. Once you purchase our services, we will send you via email a lab order for the test/tests you purchased. You will take that order to the nearest location of our service provider/partner (Quest Diagnostics), to get your sample collected. After testing is complete, we will give you access to your results.
SECTION 3: SCOPE OF SERVICES
JustLabTest.com undertakes to provide you following services.
i. Selling lab tests online at discounted prices.
ii. Providing a lab order, in pursuance of our partnership with Quest Diagnostics, by our contracted physician, so patients can go to the nearest Quest Diagnostics to get testing done.
iii. Review lab reports and notify individuals of normal and abnormal lab results.
SECTION 4: QUEST DIAGNOSTICS
We have a partnership with Quest Diagnostics, the second-largest laboratory in the United States. Anyone residing in the United States, except for individuals in New York, New Jersey, and Rhode Island, can go to Quest Diagnostics for laboratory testing, without a prescription from a physician.
In the event of any wrong test, report, professional misconduct, malpractice, negligence, breach of duty of care, or any other felony committed by Quest Diagnostics, we shall not be held liable. Quest Diagnostics shall solely be responsible for its own act. You agree to keep us harmless and indemnified from any legal proceedings, costs, damages, claims, or disputes arising in connection with your use of services or interaction with Quest Diagnostics.
You acknowledge and agree that we may enter into partnerships with other entities in the future, but will notify you of such partnerships by amending our terms and conditions. However, you agree that it is your responsibility to read our terms and conditions in order to be informed about changes. Your continued use of our services and website implies that you have read our updated terms and conditions and you agree with each and every provision thereof.
SECTION 5: INDEPENDENT CONTRACTORS
Moreover, JustLabTest.com shall hire physicians, in pursuance of the contract with Quest Diagnostics, to oversee the testing process. These physicians will be hired to provide services in all states except New York, New Jersey, and Rhode Island. These physicians will authorize lab test orders, review lab results, and notify the patients about normal and abnormal results either by emailing them to their registered e-mail address or by uploading them online to their JustLabTest.com account. These physicians shall be independent contractors and shall be liable for their own acts, neglects, and misconduct. They shall not have any authority to commit or enter into agreements on behalf of JustLabTest.com and shall make no representations or statements as such. In case of any malpractice done by these physicians towards the patients or users, they shall solely be responsible for their acts. You acknowledge and agree that we shall not be held liable for any cost, damages, legal proceedings, and/or claims arising in connection with their acts, neglects, and misconduct.
In order to document the oversight process, we have set up an Electronic Medical Record (EMR) system.
SECTION 6: ACKNOWLEDGMENT
By using our website and services, you acknowledge and undertake that:
i. You have read and understood these terms and conditions and you agree to each and every provision therein.
ii. You have attained the age of 18 years to enter into a contractual obligation with us.
iii. You shall provide correct information while purchasing a lab test.
iv. You will abide by our terms and conditions, policies, and rules.
v. You will solely be responsible for any fees, including internet connection or mobile fees, that you incur when accessing our services and website.
SECTION 7: REGISTRATION
The online service requires you to register with us before making a purchase. You acknowledge and agree that:
1. You will solely be responsible to maintain your registration with us.
2. You will provide accurate and up-to-date information.
3. You will keep the login ID and password confidential.
4. You will not give access to your account to anyone.
5. You will immediately notify us if someone uses, or accesses your account without your permission.
6. If any loss, or harm is caused to you by us or any other third party due to someone else using your account as a result of failing to keep your account information secure and confidential you will solely be responsible.
SECTION 8: FEE STRUCTURE
Prepayment will be required from the clients in order to initiate the testing. You will be required to pay the payment first before we start working on your order. We accept payment from US debit cards, Discover, Visa, Mastercard Credit Cards, Apple Pay, and Google Pay.
You will have 30 days to cancel your order and request a refund. Failing to cancel the order within the stipulated time shall not entitle you to any refund.
SECTION 9: REPORTS
All the reports will be sent to the client by electronic mail and/or uploaded to the users’ accounts on JustLabTest.com. Reports issued by us are exclusively for the use of clients and no reference to the work, results may be made in any form of advertising, news release, social media, or another public announcement without written authorization from us.
SECTION 10: PROHIBITED CONDUCT
All the users agree not to:
ii. Carry out any activity that may impose a large load on our website.
iii. Use any data mining, robots, or similar data extraction methods.
iv. Breach security of our website by probing, scanning, or testing the vulnerability of our system
v. Forge any information.
vi. Decompile or reverse engineer our site.
vii. Reverse engineer or decompile any parts of our website.
viii. Share login credentials with anyone else.
ix. Perform any illegal activity using our services.
x. Accessing accounts of someone when you are not authorized to do so.
xi. Provide us inaccurate information or information that does not belong to you.
xii. Harass, incite harassment or advocate harassment of any group, company, or individual.
If you violate the security of our network, we may initiate civil or criminal action against you. We will also have the right to investigate such violations and cooperate with law enforcement agencies in order to prosecute users involved in such violations.
SECTION 11: OUR CONTENT
We grant you a personal, non-exclusive, non-transferable, and revocable right to access and use our services, whereas your right is conditioned on your compliance with our terms and conditions. The content (other than your content) included on or accessible through our website, such as text, graphics, logos, names, designations, button icons, features, functionalities, images, audio clips, information, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material and software is our exclusive property and is protected by copyrights, trademarks, trade secrets, or other proprietary rights and subject to applicable laws and regulations.
You are not allowed to download, copy, reproduce, distribute, transmit, broadcast, display, sold, license, exploit, enhance, edit, modify, adapt, decompile, or disassemble our content for any purpose without written consent from us.
SECTION 12: WARRANTY
You acknowledge and agree that this site is made available to you on an “as is” basis without any express or implied warranty. We do not warrant:
a. Accuracy, truthfulness, reliability, legality completeness, and timeliness of this site.
b. That this site will be error-free, or that this site and its services are free of computer viruses or another harmful mechanisms.
c. Accuracy and error-free reports.
If our website directly or indirectly results you in need of replacing equipment, date, or service we shall not liable for the cost incurred to you. You use our website at your own risk and agree that in no event we shall be liable for any direct or indirect damages, loss of profit, loss of data resulting from or arising in connection with access or inability to access our website whether based on warranty, contract, tort, or any other legal theory, and whether or not we are advised of the possibility of such damages.
SECTION 13: MEDICAL DISCLAIMER
All information provided on our website is for availability and pricing purposes and shall not be considered as a substitute for a physician consultation. Our services are NOT intended to diagnose, treat, or cure disease. Moreover, we do not suggest self-diagnosis or self-medication, and no information provided on our website shall be considered a recommendation for self-diagnosis or self-medication. You acknowledge that we do not guarantee that any clinical lab test will prevent disease.
We recommend that individuals with health issues consult medical experts. We do not treat, cure, or diagnose medical conditions. A lab test only provides a partial evaluation of an individual’s state of health and does not represent a diagnosis or recommendation. Therefore, we encourage you to consult a physician. Moreover, you also acknowledge that there are several diseases that cannot only be diagnosed by lab tests.
You acknowledge and agree that each report, test, and result is only for information purposes and shall not be considered as treatment, or advice. Moreover, tests may also differ from person to person based on factors such as, but not limited to, age, sex, a time when the blood sample was taken, diet, and concurrent medications.
Thus, in no event, we shall be held liable to you or any third party for any loss, harm, or injury arising in connection with compiling, interpreting, delivering, and reporting information through our website. Moreover, we shall not be held liable to you or any third party for any decision, action taken, or not taken relying on information provided by our website.
Few tests like Human Immunodeficiency Virus (HIV) can produce false-positive and false-negative results. Screening tests cannot detect anti-HIV for a period of time immediately after infection with the virus (early post-exposure period). Re-testing or alternative DNA by PCR testing is a recommended option if it is suspected that post-exposure testing has pre-dated the required period for conversion to positive HIV status.
The results of the HIV test will be part of your medical record. The confidentiality of your medical record will be maintained as per HIPAA regulations. However, it is required by law that positive test results must be reported to the appropriate State Health Division.
SECTION 14: INDEMNITY
You agree to keep us indemnified and hold harmless from and against all legal claims, actions, and demands by third parties resulting in connection with your use of our services. We undertake to use reasonable efforts to provide you notice immediately of any such claim, action, or suit that may assist you to defend yourself.
SECTION 15: TERM AND TERMINATION
These terms and conditions will remain in full force and affect while you are using our services. You agree that we have the right to terminate, limit, and remove your use of our services at our sole discretion if you breach our terms and conditions, or if are unable to verify or authenticate any information you submit to us while registration. Whereas, if you want to terminate your registration with us you may do so by:
a. Giving us notice at any time.
b. Deleting your account.
Once your registration with us is terminated, all of your data, password and other information will be deleted, unless required by law. However, we shall not be held liable to you for suspending or terminating your use of our services. Moreover, all the provisions of these terms and conditions which should survive by nature shall survive the termination of these services including but not limited to liability, warranty, disclaimer, indemnity, and property ownership.
SECTION 16: COMMUNICATION
By registering with us, you consent us to communicate with you through your registered e-mail or telephone within your account. All the communication between us shall be construed as effective from the date of reception. However, it is your responsibility to read all the communication we transfer to you. Moreover, all the communication shall be made in English and any communication made otherwise shall only be for the convenience purpose and shall not be legally binding. Only the English version of such communication will be binding. You agree that you are solely responsible for keeping the information confidential and we shall not be held liable for any loss or harm caused to you as a result of the disclosure of such communication.
SECTION 17: THIRD-PARTY SITES/LINKS
Our website may provide third parties links and you acknowledge and agree that you deal and interact with advertisers and other third parties accessible through our website at your own responsibility. These dealings may include but are not limited to, your participation in promotions, the payment for and delivery of items if any, and any terms, conditions, warranties, or representations associated with such dealings. We provide these third-parties links and sites only for your convenience and you agree that they shall be considered an endorsement from us. You shall access and use such third-party sites, including the content, items, or services on those sites, solely at your own liability. We do not make any representations or warranties with respect to any content or privacy practices, or otherwise with respect to such third parties or any items or services that may be obtained from such third parties, and you agree that we will not be held liable if any loss, harm is caused to you as a result of the presence, interaction or dealing with such third parties links, ads on accessible on our website.
If any dispute arises between you and such third parties you agree that we shall have no obligation to involve or intervene in the matter. You release us from any or all the claims, demands, damages of any kind whether known or unknown, suspected or unsuspected, disclosed or undisclosed arising in connection with such disputes.
SECTION 18: DISPUTE RESOLUTION
In case of any dispute with us, you are encouraged to contact us first. We aim to resolve the matter without resorting to legal proceedings. We will try to resolve the matter internally; however, you agree that you shall keep the discussion confidential. If we could not resolve the matter internally by negotiation and you want to initiate legal action you shall send us a notice of claim before commencing legal action. However, you agree that all the disputes regarding these terms and conditions shall be resolved according to the governing Laws of the Commonwealth of Pennsylvania, United States of America, and the venue is to be lie exclusively in the courts of competent jurisdiction.
SECTION 19: VIOLATIONS
In the event, we find out that you have breached our terms and conditions you agree that we shall have the right to investigate the matter. If you have violated any applicable law, we reserve the right to refer the matter to applicable legal authorities. Moreover, you also acknowledge and agree that we have a right to disclose any information or content provided by you, in our position in connection with your use of our services.
i. Comply with applicable laws, government requests, and legal processes.
ii. Enforce these terms and conditions.
iii. Respond to any claim if you have violated anyone’s right using our website.
iv. Respond to customer service requests.
v. Protect our rights, property, and personal safety of ourselves, our users, or the public in general.
In the event you breach our terms and conditions, you agree that we have the right to:
i. Warn you by email.
ii. Discontinue your use of our services.
iii. Notify law enforcement for further action in case of serious breach or consequences.
iv. Carry out any other actions which we may deem appropriate.
SECTION 20: INTERACTION WITH OTHER USERS
You hereby understand and acknowledge that you shall solely be responsible for your interaction with other users of the services and any third parties with whom you may interact through our website. We reserve the right, but are under no obligation, to intervene if disputes arise during these interactions. Moreover, our website may contain content that is provided by other users or third parties and you agree that we will not be held liable to control such content. You agree that we have no responsibility if any loss or harm is caused to you as a result of such interaction or content. You interact with other users, and parties through our website at your own risk.
SECTION 21: MISCELLANEOUS
1. Performance by us under this agreement is excused during the period such performance is prevented or delayed by the government restrictions (whether with or without jurisdiction), war or warlike activity, insurrection or civil disorder, or any other cause similar or dissimilar to the foregoing that are beyond the control of the parties and not enforceable at the time the agreement is executed.
2. It is hereby agreed that we may at our sole discretion, amend, alter, change, any of the provisions of these terms and conditions, and such modifications shall be adhered to and have the same effect as if they had been originally embodied in and formed a part of these terms and conditions.
3. Any captions or headings used in these terms and conditions are solely for the convenience of the parties hereto, are not part of these terms and conditions, and are not to be used for the interpretation or determination of validity hereof.
4. If any particular provision of these terms and conditions is determined to be invalid, the invalidity and enforceability would not affect the remaining provisions, which will nevertheless remain in full force and affect.
5. You are not allowed to assign or transfer any right or obligation to any third party without our written consent of us however, you understand that we may assign or transfer some, all, or any of our rights and duties with or without notice to you.
7. If you have queries, problems, or any feedback you are encouraged to contact us at firstname.lastname@example.org. We will try to resolve any complaint within seven (7) business days from the date we receive the complaint.