Terms of Trade

These terms of trade

1. In these terms, “you” are the customer who has accessed our website intend to place or has placed an order for our Services, and “we”, “us”, “our” and “Sexual Health 101” are division of Asia Pacifica Healthcare Group Limited (APHG).
2. These terms (“Terms”) apply to all Services we provide. If there is any conflict between these Terms and any written or verbal communication between you and us including your online order, these Terms prevail.

Our services

1. We offer a range of diagnostic laboratory tests including biochemistry, haematology, microbiology, immunology and molecular pathology tests (“Services”). Our website sets out the details of the Services. Services are provided through our national network of collection centres.
2. Test results and any comment or recommendation we make about them are for information only. They may help you understand your health status but are not intended to, and do not, constitute a clinical diagnosis or medical advice. Our Services are not a substitute for such diagnosis or advice. Any interpretation we provide is based on the information you make available to us at the time, which may be insufficient to gain a complete understanding of your health status or any health condition you may be suffering from. If you have any concerns about your test results or your health generally, you should discuss them directly with your GP or another suitable health practitioner.

Registering, ordering and paying for Services

1. Services must be purchased online through our website. This involves registering with us and ordering the Services. The website will guide you through the steps you need to register and place an order. The order process allows you to check and correct any mistakes before submitting your final order. Please take the time to read and check your order at each stage of the process. Services cannot be ordered by telephone.
2. You must be at least 16 years old to order Services and must provide certain personal information including your name, address, gender (at birth) and date of birth.
3. Payment must be received in full before we process your order. You can pay by credit card (including MasterCard and Visa). All prices are in New Zealand dollars and include GST.
4. You are solely responsible for selecting the Services and for ensuring that any Service you order is suitable for you and your intended purpose in ordering it. If in doubt, please talk to your GP or another suitable health practitioner.
5. By ordering a Service, you give us your informed consent to obtain a suitable sample and perform the tests you have ordered.

Confirming your order

1. Once payment is received, we will confirm our acceptance of your order by sending you a confirmation email (“Confirmation”).
2. You will have 12 months from the date of Confirmation (the “Validity Period”) to complete your order by attending our service centre to have your sample taken. You will not be entitled to a refund if you do not provide your sample within the Validity Period.

Refunds

If we are unable to perform the ordered Services for any reason, we will inform you by email or by telephone and refund your payment to a New Zealand bank account within 10 days.

Contacting Us

1. If you wish to contact us for any reason, please contact our customer service team by using any of the contact methods described in the ‘Contact Us’ section of our website.
2. If we need to contact you, we will do so by email or by telephone using the contact details you provide in your order. By providing your contact details, you give us your consent to contact you for any reason, including in relation to the Services you have enquired about, ordered or been provided with. If necessary, we may leave you a message. It is your responsibility to ensure that your contact details are up-to-date.

Completing your order

1. When confirming your order, we will give you instructions on what to do to complete it. We will give you clear instructions if you order a Service with special sample preparation requirements. It is imperative that you follow these instructions carefully to ensure reliable test results.
2. Our collection centres usually provide a ‘drop-in’ service for the collection of samples (i.e. no appointment is required).
3. Any sample you provide (whether it is blood, tissue, body fluid or any other biological sample) will be analysed only in relation to the Services you have ordered. All samples will be collected, tested and retained in accordance with the Human Tissue Act 2008.

Your test results

1. Your test results, and any accompanying interpretation will be emailed to you. We may also contact you by telephone about the availability of your test results.
2. If your test results indicate a critical health issue (such as a notifiable disease), subject to our legal obligations we reserve the right to contact your local sexual health service or Medical Officer of Health’ if we are unable to contact you, or in addition to contacting you.

Except in the case of a critical health issue, none of your personal information will be passed on to your GP or any other person without your consent (which may be given online or by telephone).

Personal information

1. Registering with us, ordering a Service and our completion of your order will result in us collecting and retaining personal information about you. Your personal information, will be collected, retained, stored, used and dealt with only in accordance with the Privacy Act 1993 and the Health Information Privacy Code 1994. You have a right to request a copy of your personal information and to request we amend any of your personal information we hold that you believe is incorrect or inaccurate.
2. You irrevocably authorise us to collect, retain, use and pass on your personal information:
   1. for our collection centres, laboratories, employees and contractors to prepare your sample and analyse and interpret the results;
   2. if we consider it appropriate where your results indicate a critical health issue
   3. in a way that does not identify you, for scientific research, studying aggregate medical or clinical trial data, or to assist us with business analysis, marketing, and service and product development.
   4. Except in the case of a critical health issue, none of your personal information will be passed on to your GP or any other person without your consent (which may be given online or by telephone).

Cancellation and refunds

1. You may cancel your order at any time, unless you have already had a sample taken.
2. To cancel an order, please send us an email stating that you wish to cancel and the reason for the cancellation. Please email your cancellation request to the contact information contained on the website. Your reason for cancellation is for statistical purposes and will not affect your right to cancel the order.
3. If you cancel your order within the Validity Period, we will refund the price you paid for the Services to a New Zealand bank account.

Our liability

1. You agree that the Services you acquire from us are for your personal use only and not for any trade purpose. The Consumer Guarantees Act 1993 applies. We do not give any express guarantees for the purposes of that Act. Nothing in these Terms is intended to exclude or limit any liability we might have for breach of that Act or the Fair Trading Act 1986, or for any personal injury caused by our negligence.
2. Subject to clause 10.1, you agree that we will not be liable to you or anyone else under any circumstances for:
   1. your providing incorrect information in the registration or ordering process;
   2. your failure to follow our instructions about collecting a sample or pre-sample preparation requirements, such as fasting and not drinking;
   3. your failure to provide a sample within the Validity Period;
   4. any injury or adverse reaction you may suffer when a sample is being taken;
   5. any sample you provide being lost, delayed or damaged;
   6. our laboratory being unable to test your sample for any reason;
   7. any test result not being available to you within any indicative turn-around time stated for any Service;
   8. your failure to act on any recommendation we give you, including a recommendation that you seek medical advice;
   9. your failure to show your test results to or discuss them with your GP or another suitable health practitioner, whether or not those results have been reviewed by our clinical staff;
   10. your use of any test result for anything other than your personal use and information.
3. We will not be responsible for any failure to provide or delay in providing a Service or performing any other obligation because of any event beyond our reasonable control. 

General

1. Our obligations arising from Confirmation of your order are owed only to you. No-one else can have any benefit arising from our Confirmation of your order.
2. Our Services are provided in New Zealand under New Zealand law.
3. We may amend these Terms from time to time. The Terms in force at the time you place your order will apply to that Service.
4. System Integrity: Sexual Health 101 will use its reasonable endeavours to ensure the availability of the Website and Services, subject to any downtime required for maintenance. However, Sexual Health 101 takes no responsibility for any system unavailability, or for any loss that is incurred as a result of Website or Services being unavailable. Further, Sexual Health 101 assumes no responsibility for the corruption of any data or information held by Sexual Health 101.
5. Force Majeure: Without prejudice to clause 3(a), Sexual Health 101 has no liability for any lack of performance, unavailability or failure of the Services or the Website, or for any failure of Sexual Health 101 to comply with these terms and conditions where the same arises from any cause reasonably beyond the control of Sexual Health 101.
6. No Waiver: If we do not exercise or enforce any right available to us under these terms and conditions, it does not constitute a waiver of those rights.
7. Partial Invalidity: If any provision of these terms and conditions becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect.