Website Terms of Use

These terms of use (the “Terms”), our Conditions of Sale and Services (“Conditions”), our Privacy Statement and Cookies Policy will apply to all uses you make of our website www.letsgetchecked.com (“Site”) , including to every order you place with us. No other terms and conditions shall apply unless we agree to them in writing.

If you find yourself unable to agree to these Terms, the Conditions, our Privacy Statement and our Cookies Policy, then you must not use this Site or order Products or Services from it. Each time you submit an order for the Products and Services, you will be required to accept these Terms, the Conditions and the Privacy Statement.

WHO WE ARE

The Site is operated by Priva Path Diagnostics Limited (“the Company or we or us”) registered in Ireland, registered number 531029, with a registered office at 4 Marine Terrace, DunLaoghaire, Co. Dublin, Ireland. LetsGetChecked is a registered business name in Ireland of the Company, registered number 516223.

NO MEDICAL ADVICE

Please note the information contained on the Site is for general guidance only. Neither the Site nor our Services constitute medical advice and are not intended to replace medical advice which should be provided by a qualified and registered healthcare professional. If you need medical advice, you should contact such a healthcare professional.

ACCEPTANCE OF THE TERMS

Each time you click on the Site, you are deemed to have accepted the Terms and the Privacy Statement and the Cookies Policy in the form they are published on the Site at the particular time. Notwithstanding this, you will be required to give your formal acceptance of the Terms, the Conditions, and the Privacy Statement, each time you submit an Order to us. You agree that we may at any time change these Terms, the contents on the Site, the Conditions or the Privacy Statement.

1. DEFINITIONS

  • Account
    means the account held by us in your name and which holds the information submitted by you to us;
  • Accredited Laboratory
    Means the laboratory(ies) that we may select as our testing services provider at any time; which laboratory will be CPA (clinical pathology accreditation), INAB, CLIA approved or CAP accredited;
  • Content
    means any item, data, material, information, software, images, photos, advertisements, trade mark or Services mark, sounds, videos, marks, expressions, views or opinions, which appear on the Site;
  • Helpline
    means the online submission page, which can be used by a user to submit queries;
  • Intellectual Property Rights
    means for the purposes of these Terms, trade marks, Services marks, trade and business names, domain names, rights in designs, patents, copyrights, database rights, moral rights and rights in know how and other intellectual property rights in each case whether registered or unregistered and including applications for the grant of the foregoing and all rights or forms of protection having equivalent effect to any of the foregoing, which may subsist anywhere in the world;
  • Order
    means an offer by a user to purchase Services and one or more Products from us;
  • Password
    means a unique letter number combination being at least seven digits long, required to access and use the Site and the Services;
  • Privacy Statement
    or Policy means the privacy statement referred to on the Site;
  • Product
    means a kit which enables you to take and store a blood sample in it, or to store a urine sample in it, as sold by us;
  • Services
    means testing the Sample that you send to the Accredited Laboratory, and providing you with the Test Information;
  • Us or We
    means the Company (Priva Path Diagnostics Limited);
  • Viruses
    “virus” or “worm”, “Trojan horse”, “trap door”, “Software Switch”, “time” or “logic bomb”, “disabling code” or “routines”, or “expiration dates”;
  • You or you
    means the user of the Site.

Any reference express or implied to a law in these Terms, includes: (i) references to that law as amended, extended or applied by or under any other law, before or after the date of these Terms; (ii) references to any law which that law re-enacts, with or without modification; and (iii) references to any sub-ordinate legislation made before or after the date of this Agreement under any law including one within (i) or (ii).

2. INTELLECTUAL PROPERTY RIGHTS

  1. We are the owner or the licensee of all Intellectual Property Rights in the Site, and in the material published on it (except where content is specifically identified as third party content). Those works are protected by applicable intellectual property and other laws around the world. All such rights are reserved.

3. ACCESSING THE SITE

  1. When you access the Site, you undertake: (i) that you are over 18 years of age, (ii) resident in the Republic or United Kingdom, or France or a country from where we will accept Samples (as identified on the Site) and you are accessing the Site from a an IP address in one of those countries, (iii) that you are using the Site in your own name and not on behalf of anyone else; (iv) that you will not allow any other person to use the Site under your name, nor will you in using the Site, pretend you are someone else, or seek to disguise your identity; and (v) that you are only using the Site, the Products and the Services for your own benefit and not for the purposes of providing Services to others.
  2. Subject to the undertakings you give in these Terms, we grant you a non exclusive, non transferrable right and licence to use the Site and any software on our server which is enabled by your use of the Site, solely to access the Site and Services.

4. USING THE SITE, THE CONTENT AND YOUR OBLIGATIONS

  1. When you register with us, you undertake that the details you provide us with are true, accurate and complete and that you will tell us promptly of any changes to these details. To ascertain how we process your personal data, please click on our Privacy Statement and Cookies Policy at the foot of the front page of the Site.
  2. Part of the information you are required to provide to register with us is a Password. This is generated by you. You are responsible for ensuring that any Password (or any substitute Password) you use to register or to access your Account (after registration) is kept confidential, only used by you and is not used by or disclosed to others.
  3. You are also responsible for: (i) all transactions or activities carried out using your Account and password; and (ii) ensuring that when you access the Account that the system, you use to access the Account is secure, is not left unattended unless you have fully exited the Account and that your password is not retrievable from the system by others.
  4. You are responsible for notifying us if you know or suspect that your Account or password might be known to a third party. If you fail to do so, you will be liable and fully responsible until you notify us.
  5. You undertake:
    1. not to use meta tags or any other hidden text using our name without our written consent. You also undertake not to link or attempt to link the Site with other sites or Services or use meta tags or other devices containing any reference to us in order to direct a person to any other site of Services;
    2. not to use the Site in any way that causes, or is likely to cause, the Site or access to it to be interrupted, damaged or impaired in any way;
    3. not to provide content that contains Viruses, or which is confidential to others or which infringes the Intellectual Property Rights of any other person;
    4. to use the Site, the Content, the Products and the Services for lawful purposes only; and
    5. not to use the Site, the Content, the Products and the Services as the case may be:
      1. for resale;
      2. in any way that is unlawful or fraudulent, or that breaches any applicable local, national or international law or regulation;
      3. for the purpose of harming or attempting to harm minors in any way;
      4. to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); and
      5. to knowingly transmit any data, send or upload any material that contains Viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
  6. This Site and the Contents are based on the Centre for Disease Control and Prevention (CDC), World Health Organisation (WHO) the Irish Health Services Executive (HSE) and Public Health England (PHE) published information and information from our Accredited Laboratories in relation to sexually transmitted infections, fertility health, general health matters and cancers across multiple territories. We do not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information provided by any information provider, any user of this Site or any other person or entity. Reliance upon any such advice, opinion, statement, or other information shall also be at your own risk.
  7. As a user of the Site, and subject to these Terms, you are authorised to view Content only for your own personal, non-commercial use without any right to download, copy, or adapt any Content. However in doing so you undertake not to reproduce, duplicate, copy or re-sell any part of the Site or Content, and not to access without authority, interfere with, damage or disrupt the Site.

5. DISCLAIMERS AND EXCLUSIONS FROM LIABILITY

  1. The Content is provided “as is”, without warranty of any kind, either express or implied, including, without limitation, warranties of satisfactory quality, merchantability, and fitness for a particular purpose. Nor is any warranty provided that the Content or any of it is non-infringing of the intellectual property rights of any third party.
  2. We specifically do not make any warranties or representations as to the accuracy or completeness of any such Content or that the Content is up to date.
  3. We may procure others, to add to, change, improve or update the Content on this Site without notice. We may also modify the Services or the Products at any time.
  4. Under no circumstances shall we be liable for any loss, damage, liability or expense incurred or suffered that is claimed to have resulted from the use of this Site, or the Content including, without limitation, any fault, error, omission, from the content or interruption or delay or non availability of the Site or the Services. The use of this Site and the Services is at the user’s sole risk.
  5. Under no circumstances, including but not limited to negligence, shall we be liable for any direct, indirect, incidental, special or consequential damages, even if we have been advised of the possibility of such damages, incurred by you or by any user in connection with the Site or in connection with the use, inability to use or results of use of the Site, any websites linked to it and any materials posted on it, including without limitation any liability for:
    1. loss of data;
    2. loss of reputation;
    3. loss of income; and
    4. any losses incurred by any third parties.
  6. Each user specifically acknowledges and agrees that we are not liable for any conduct of any other user of the Site.
  7. We shall not be in breach of any provision of these Terms, caused by your failure to observe any of your obligations or undertakings contained within the Terms.
  8. The provisions of this clause 5 in their entirety shall survive the expiry or termination of this Agreement.

OUR RIGHTS

  1. Failure by you to comply with these Terms constitutes a material breach of these Terms and may result in us taking all or any of the following actions:
    1. immediate, temporary or permanent withdrawal of your right to use our Site;
    2. issue of a warning to you;
    3. legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; and
    4. further legal action against you.

7. AMENDMENT OF THE TERMS

We may revise these Terms, the Conditions, the Privacy Statement and the Cookies Policy at any time. You will be required to accept each of these in the form they are then in every time you submit an Order as they are legally binding on you.

8. LINKS TO OTHER SITES

This Site may contain links and references to third-party web sites. The linked sites are not under our control, and we are not responsible for the content of any linked site or any link contained in a linked site. We provide these links only as a convenience, and the inclusion of a link or reference does not imply the endorsement of the linked site by us.

9. GOVERNING LAW AND JURISDICTION

The construction, interpretation and application of these Terms, shall be governed by the laws of the Republic of Ireland. In using this Site, you agree to submit to the exclusive jurisdiction of the courts of the Republic of Ireland, in respect of any dispute arising hereunder.

10. SITE AVAILABILITY

Whilst we endeavour to ensure the Site is accessible at all times during a normal working day, we accept no responsibility for the Site being inaccessible or unavailable at any time.

11. WAIVER

Failure or delay by us to enforce any of these Terms will not constitute a waiver of our rights against you and does not affect our right to require further performance thereof.

12. SEVERABILITY

If any part of these Terms becomes illegal, invalid, unenforceable, or prohibited in any respect under any applicable law or regulation, such provision or part thereof will be deemed to not form part of the contract between us. The legality, validity or enforceability of the remainder of these Terms will remain in full force and effect.

CONTACT US

If you have any concerns about material which appears on our Site, please contact us at support@letsgetchecked.com.