You may have the ability to request a health test kit to access secure laboratory Testing Services, if determined by a healthcare provider to be clinically appropriate (to the extent a healthcare provider’s review is required). To access these Testing Services, you must provide necessary clinical information to assist a healthcare provider to assess whether a Testing Service is appropriate for you, if applicable, and if so, you may then purchase a Product either from our website or from a retail location.
To use our Testing Services, you must set up an Account and register the individual Product kit to your Account using the alpha code and numerical code of the Product. To register a Product kit, go to the "Activate Test" section of the Websites, sign into your Account (or create an Account if applicable) and provide the code from the Product kit as requested.
a. Virtual Care Services with Lab Testing Orders
We will not process Orders from users whose IP address is outside, or where the user is a resident outside of, the countries and states from where we operate.
In order for us to process your Order, you must complete the Order submission process which requires you, among other things, to: (i) provide us with personal information including the delivery address for your Product and important healthcare information to enable a Medical Group-affiliated healthcare provider to assess whether the Testing Service is appropriate for you, (ii) purchase a Product that permits use of the type of Sample you are willing to provide, and (iii) confirm that we may make the Test Information, including test results available to you through your online Account.
Once the Order is placed, you will receive an email acknowledging receipt of the Order. At this time, we will collect the purchase price and applicable taxes, and shipping costs from your selected payment method accepted by us. You should review the Order Confirmation and notify us of any mistake immediately, as no refunds will be issued once your Order is processed other than in accordance with the Cancellation Right detailed below.
As noted above, all Orders are subject to review by a physician prior to testing, and we are under no obligation to accept or process an Order, whether confirmed or not. In the event that a confirmed Order is not accepted, a refund will be issued for any paid fees.
All Products and Testing Services are subject to availability. We reserve the right to notify you at any time before delivery of the unavailability of the Product. (You can then cancel the Order if you elect and we will refund you all money paid in full.)
b. Using our Testing Services
In order to use our Testing Services, you must set up an Account and register the Product to your Account in accordance with Section 3 (Your Account) of these Terms. You will not be able to access Test Information otherwise.
By sending us the Product or any Sample, you are formally providing your consent to undergo the related test. You agree that before proceeding with any test, you will read all relevant information provided in these Terms our Privacy Policy, and any other terms or policies in any packaging related to our Testing Services. If you are unsure or if you require any further information, you agree to contact us or a licensed healthcare professional for further information.
Due to the nature of the tests being performed, we cannot and do not warrant that the tests performed or Test Information provided as part of the Testing Services will be entirely or 100% accurate. For example, sexually transmitted diseases and/or infections, may remain undetectable for several months due to varying Incubation Periods (defined below). As such, repeat testing may be required. If you are unsure or if you require any further information, you agree to contact us or a licensed healthcare professional for further information.
You acknowledge that the Test Information does not constitute a definitive diagnosis. As with all screening tests, in a small number of cases there can be incidences of false-positive and false-negative results. For example, a person with a negative non-reactive or not detected test result could actually have a condition despite the Test Information, or a person with a positive reactive or detected test could be free from a condition even though Test Information indicated they do have such condition. All positive, reactive or detected results must be verified by a physician or other licensed healthcare professional through a confirmatory (diagnostic) test.
You acknowledge any Test Information does not constitute a definitive result. “Low”, “Normal”, or “High” readings do not constitute a definitive diagnoses and further testing will be required from your physician or other licensed healthcare professional.
If you require medical advice or counseling in addition to the Testing Services, you should seek the advice of your physician or other licensed healthcare professional. In some events, an employee or contractor of Efunctional may contact you regarding a test result, Product or Testing Service. Such contact, and any discussions relating to it, are provided as a courtesy and not as part of the diagnosis or treatment of any disease or to be considered the practice of medicine, nursing, or any other profession. In all events, seek the advice of a licensed clinician should you have any questions about tests or test results.
Any failure to comply with your obligations as outlined in this section, particularly with regard to re-testing is entirely your responsibility.
c. Submitting the Sample
When submitting a Sample, you must fill and return the collection device in accordance with the instructions provided with the Product. If you do not provide an adequate Sample, utilize the Product in a manner that is contraindicated or not consistent with any instructions, or do not return the Sample within the instructed timeframe, we may not be able to provide you with the Test Results. Further, failure to return the Sample within the timeframe set forth in the Product instructions may result in inaccurate and unreliable readings of the Sample.
d. Test Information
You will be sent an email notifying you when Test Information has been made available to your Account. If your Test Information is negative or nonreactive, please refer to Section 8(c) (Submitting the Sample) and the relevant Incubation Periods for your Test. Further, if the Test is normal but you still exhibit symptoms, you should make an appointment with your physician or licensed healthcare professional.
If you have a positive, reactive or detected result for any of our Tests, you will need a further confirmatory/diagnostic test from a physician or licensed healthcare professional.
The Testing Services may include, with respect to a user whose Test Information indicates a positive, reactive, detected or elevated Test Result, receiving a phone call from one of our staff in order to provide relevant information and to recommend or discuss any follow-up with a licensed healthcare provider who can offer support to the user.
If you have concerns with the Test Information you should consult with your physician or another licensed healthcare professional or contact a member of our team who will be able to direct you to other sources of support within the scope of the Testing Services. If you purchase Products and Testing Services and receive Test Information during an Incubation Period that is relevant to you, irrespective of the Test Information, you agree to retest either through us or through your physician or other licensed medical practitioner once the Incubation Period has passed.
e. Delivery
The Product is normally dispatched within two business days of Order Confirmation to the delivery address you provide during the Order submission process, but actual delivery times may vary. We may be unable to change the delivery address after the Order Confirmation. Delivery dates advised by us in an Order Confirmation (consisting of a delivery date for the Product and a date for the provision of the Test Information) are approximate and we will not be liable for any loss or damage due to our failure to meet scheduled delivery dates or for failure to give notice of delay. Time for delivery shall not be of the essence. A Product may be shipped by us to the agreed delivery address in advance of any scheduled delivery date. Risk of loss in a Product passes to you upon delivery of the Product to the agreed delivery address. If you receive the wrong Products, damaged/faulty Products, or if certain items are absent from the Product, then please contact us within seven (7) days of receipt of the Product the following information: the Alpha code, Numerical code and Order ID (or description of the Product), and description of the missing or faulty item(s). Upon receipt of such notice we will arrange for a replacement Product to be sent to you as soon as possible.
f. Cancellation
Unless otherwise required by State law, in which case such State requirements shall apply, you have the right to cancel the contract for the purchase of the Product within fourteen (14) days of delivery of the Product to you. For health protection reasons, no cancellations of COVID-19 test kits can be accepted after the COVID-19 test kit has shipped and the Product should not be returned. To exercise the right to cancel, you must inform us of your decision to cancel in writing (e.g. a letter sent by contacting us). You must then promptly return the Product to us within fourteen (14) days from notifying us of your decision to cancel, at your own cost.
If you exercise your cancellation right this section, we will reimburse to you all payments received from you less the cost of the kit(s) and shipping fees, without undue delay and, in any event, not later than fourteen (14) days from the date on which we receive the returned Product from you, or the date you provide us with evidence of having sent the Product back to us, whichever is earlier. In the event that you cancel your Order prior to the test kit being shipped you will be eligible to receive a full refund. We will reimburse you using the same means of payment as you used for the initial payment, unless you have expressly agreed otherwise. We will not charge you any fees in connection with the reimbursement. You will bear the direct cost of returning the product.
The right to cancel an Order does not apply to Products that have been opened and the seal on the kit broken, as these Products are not suitable for return for health protection reasons.
USE OF PARTICIPANT INFORMATION
The information contained on the site, the test information, our content, the services, and the products available through the site are for general guidance only and are not a substitute for professional medical advice. Neither the site nor our services or products, or any test information, constitute medical advice and you should always seek the advice of your physician or other licensed healthcare professional with any questions you may have regarding any test information or status of your health.
Purpose of Disclosure: The purpose of the requested use or disclosure of your information is solely to provide laboratory testing services and communicate the results to you. In addition, it may involve follow-up by a healthcare professional regarding the test results ("Services").
AUTHORIZATION AND CONSENT
Authorization for Information Use and Disclosure: By checking the box, you authorize the access, use, and disclosure of the health information you provide, test requests, and laboratory testing results ("Service Information") to the following entities:
- Testing services providers
- Testing laboratories
- The web platform provider facilitating the exchange of Service Information among the parties
- Healthcare professionals ("Service Providers")
NON-MEDICAL ADVICE/SERVICES
Acknowledgment of Non-Medical Role: It is important to acknowledge that the Service Providers involved are not acting as your healthcare provider and do not provide medical services.
INFORMATIONAL PURPOSES ONLY
Test Results for Informational Purposes: You understand that the test results and any follow-up provided are for personal use and informational purposes only. They do not constitute treatment or a diagnosis of any condition, disease, or illness, except in cases of STI/STD tests that may indicate the presence of disease or infection. You should be aware that all tests, including STI/STD tests, may have a potential for false positive or false negative results.
FOLLOW-UP WITH PARTICIPANT'S PHYSICIAN
Responsibility for Follow-Up: You are solely responsible for forwarding the test results to your primary care physician or another personal physician and for initiating any necessary follow-up care, diagnosis, medical treatment, or obtaining an interpretation of the laboratory test results from a qualified healthcare professional.
3RD PARTY DISCLOSURE OF PARTICIPANT INFORMATION
Disclosure to Healthcare Provider and Third Parties: The Service Providers, specifically the physician network "ORDRS," may disclose the test results, including information related to alcohol or drug abuse and/or HIV-Related/AIDS testing information (if applicable), to the following entities:
- Your healthcare provider
- Any third party that requested you to take the laboratory test(s)
- To the extent required by law, applicable federal, state, or local government entities for monitoring certain communicable diseases
- Disclosure to Related Partners and Associates: The Service Providers may also disclose test results to their related partners, associates, and employees as necessary to conduct their business functions.
By checking the box below, you confirm that you have read, understand, and consent to the terms outlined above regarding the use of your information and the nature of the services provided by efunctional.com and its Service Providers. You acknowledge that this informed patient consent form is essential to ensure that you make an informed decision when purchasing test kits and using the associated services.
You acknowledge and agree:
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to take note of the Incubation Periods, information in relation to which is included on the
Site. “Incubation Period” means the period of time, from an exposure to an infection to the time
an infection becomes detectable within a person's body. Different infections have different
Incubation Periods and can take several months or more to become detectable. For example, the
HIV virus can take up to 90 days to become detectable, while other viruses such as Hepatitis B
and Hepatitis C can take from 180 days to become detectable. NOTE THAT AT THIS TIME THE
INCUBATION PERIOD FOR THE 2019 NOVEL CORONAVIRUS IS CURRENTLY BELIEVED TO BE 14 DAYS, BUT COULD
BE LONGER. IF YOU HAVE BEEN EXPOSED TO SOMEONE WITH THE CORONAVIRUS OR IF YOU HAVE ANY SYMPTOMS
CONSISTENT WITH THE CORONAVIRUS, YOU SHOULD NOT BE IN CONTACT WITH OTHERS AND SHOULD SELF
QUARANTINE AND STAY AT HOME FOR THE DURATION OF THE INCUBATION PERIOD REGARDLESS OF ANY TEST
INFORMATION YOU RECEIVE. Incubation Periods can vary for everyone and it is recommended to
retest:
- if you tested before the relevant Incubation Period has passed (from the time of potential exposure);
- if you suspect that the infection has subsequently developed; or
- if you have been potentially exposed to any relevant infection in the meantime.
- to comply fully with all instructions included with the Product and to return the Sample in the Product within the time set forth in the Product instructions.
- FOR THE COVID-19 PCR TEST KITS, AS WITH ALL SCREENING TESTS, IN A CERTAIN NUMBER OF CASES THERE CAN BE INCIDENCES OF FALSE-POSITIVE AND FALSE-NEGATIVE RESULTS. YOU ACKNOWLEDGE THAT THE COVID-19 PCR TEST KIT MAY NOT BE EFFECTIVE FOR MUTATIONS OF THE VIRUS.
- to provide us with such information or evidence of identity as we may be required to obtain from you by applicable law from time to time;
- to disclose to us honestly and to the best of your knowledge any information that may affect or impact the test result;
- that for certain Tests the laboratories or physicians utilized by Efunctional may have reporting obligations to government agencies with regards to positive, reactive or detected results which will be reported.
- to use the Websites, the Products and the Testing Services only for lawful purposes and in accordance with these Terms and you further agree not to induce fear, harass or be abusive to any of our staff, or the staff of our Accredited Laboratory;
- that Efunctional LLC may, as applicable, collect fees for Testing Services on behalf of our selected testing service providers;
- not to use the Products and/or the Testing Services for resale or in any way that breaches any applicable local, national or international law or regulation; and
- that when you submit an Order for the Testing Services through the Websites, including acquiring one or more Products through the Websites, that you have selected the Products. Notwithstanding any descriptions of any Testing Services or recommendations from the Websites or any of our staff, you acknowledge that you have not relied upon any advice from us in terms of Product suitability or other medical issues.
