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Terms of service

Welcome to Fatty Acid Labs. These Terms and Conditions govern the use of our services, including our website (www.fattyacidlabs.com), Healthcare Provider Lab Portal, and laboratory testing services, by business-to-business (B2B) clients and healthcare providers (HCPs). Our services include the sale of dried blood spot (DBS) test kits and analysis-only services for samples submitted to our laboratory. By engaging with our services, purchasing test kits, or submitting samples for analysis, you agree to be bound by these Terms and Conditions. If you do not agree, please do not use our services.

1. About Us

Fatty Acid Labs operates laboratories that provide health and wellness testing services through dried blood spot (DBS) test kits and analysis-only services for B2B clients and HCPs, such as distributors, clinics, and medical professionals. Our tests analyse biomarkers such as Omega-3, HbA1c, Vitamin D, homocysteine, and others to provide insights into patient health. We are committed to delivering accurate results while protecting data privacy in compliance with the General Data Protection Regulation (GDPR) and other applicable laws.

2. Eligibility

To use our services, you must:

  • Be a registered business, healthcare provider, or authorised representative of a B2B client or HCP.
  • Provide accurate and complete information when registering a test kit, creating an account, or submitting samples for analysis.
  • Not use our services for any unlawful or unauthorised purpose.

3. How Our Services Work

  • Ordering Test Kits or Analysis Services: B2B clients and HCPs can purchase DBS test kits or request analysis-only services by contacting our sales team. Test kits can be used by HCPs to collect samples from patients, or B2B clients can distribute kits to their customers. For analysis-only services, HCPs or B2B clients may submit DBS samples directly to our lab for testing.
  • Sample Collection and Submission: For test kits, each kit includes a sample collection card, lancets, and instructions for collecting a DBS sample. HCPs or their patients must register the sample on our secure servers before sending it to our lab, using the provided return packaging. For analysis-only services, samples must be submitted with proper registration and identification details.
  • Analysis and Results: Once we receive a sample, we will analyse it and notify the HCP or B2B client via email when results are ready. Results are accessible through the Healthcare Provider Lab Portal or, for B2B clients, through a designated account portal.
  • Sample Storage and Disposal: After analysis, DBS samples are stored in a secure -80°C freezer for 30 days to allow for potential retesting or quality assurance. After 30 days, the sample is collected by an external biohazard company and destroyed in an incinerator, ensuring safe disposal in accordance with biohazard regulations.
  • Quantity Not Sufficient (QNS) Policy: In cases where a sample is deemed Quantity Not Sufficient (QNS) due to arriving late (e.g., delayed by postal services) or containing insufficient blood for analysis, we will notify you via email. We will offer a replacement test kit or re-analysis at a discounted rate of $29.95. This offer can only be used once per patient instance.

4. Use of Data for Research Purposes

We may use data derived from DBS samples for research purposes to advance scientific understanding of health and wellness, including studies on biomarkers like Omega-3, HbA1c, and Vitamin D. This data, which we refer to as unidentified data, is fully anonymised and does not include any personal information such as names, contact information, or other identifying details of patients or clients. We will never release or use personal information in connection with this research. By using our services, you consent to the use of unidentified data for research purposes on behalf of your patients or customers. If you have concerns about this, please contact us at privacy@fattyacidlabs.com.

5. Fees and Payment

  • Pricing: Test kit prices and analysis fees are as provided in our wholesale pricelist or agreed upon in your B2B or HCP contract. Shipping fees and terms will be specified in your order agreement.
  • Payment: We accept payments via secure third-party payment processors or invoicing, as agreed. You agree to provide accurate payment information and authorise us to charge the applicable fees. Payment terms will be outlined in your contract.
  • Refunds: Refunds for test kits are available within 14 days of purchase if the kits are unopened and unused. No refunds are available for analysis services once a sample has been processed, except as outlined in the QNS policy above. To request a refund, contact us at info@fattyacidlabs.com

6. Shipping and Delivery

  • We ship test kits to the address provided in your order. Average postal times vary. We are not responsible for delays caused by postal services, import custom duties, or other factors beyond our control.
  • For test kits, HCPs or their patients are responsible for ensuring the safe return of DBS samples to our lab using the provided return packaging. For analysis-only services, you are responsible for ensuring samples are shipped to our lab in accordance with our submission guidelines.

7. Accuracy of Results and Limitations

  • Our tests are designed to provide accurate insights into health based on the biomarkers analysed. Results are intended for use by HCPs or B2B clients in a professional context and are not a substitute for clinical medical diagnosis or treatment of any disease. HCPs should interpret results in the context of their patients’ overall health.
  • Factors such as improper sample collection may affect the accuracy of results. We are not liable for inaccurate results due to such factors, except as addressed in the QNS policy.

8. Privacy and Data Protection

We are committed to protecting personal data in compliance with GDPR. Please review our www.fattyacidlabs.com/policies/privacy-policy for details on how we collect, use, store, and protect data, including the right of individuals to request deletion of their personal information. For any privacy-related inquiries, contact us at privacy@fattyacidlabs.com.

9. Intellectual Property

All content on our website, including text, images, logos, and test kit designs, is the property of Fatty Acid Labs or our licensors and is protected by copyright and trademark laws. You may not reproduce, distribute, or use our content without prior written permission, except as necessary to use our services (e.g., providing test kit instructions to patients).

10. Limitation of Liability

To the fullest extent permitted by law:

  • Fatty Acid Labs is not liable for any indirect, incidental, or consequential damages arising from your use of our services, including but not limited to loss of data, business interruption, or financial loss.
  • Our liability for direct damages is limited to the amount you paid for the test kits or analysis services.
  • We are not responsible for delays, errors, or damages caused by third parties, such as postal services or payment processors, except as addressed in the QNS policy.

11. Indemnification

You agree to indemnify and hold Fatty Acid Labs harmless from any claims, losses, or damages, including legal fees, arising from your misuse of our services, violation of these Terms, or infringement of any third-party rights.

12. Termination

We reserve the right to terminate or suspend your access to our services at our discretion, including for violation of these Terms, non-payment, or suspected fraudulent activity. You may terminate your account at any time by contacting us at info@fattyacidlabs.com, and we will permanently delete associated data upon request, as outlined in our Privacy Policy.

13. Governing Law and Dispute Resolution

These Terms are governed by the laws of Australia or EU. Any disputes arising from these Terms will be resolved through negotiation. If negotiation fails, disputes will be submitted to the exclusive jurisdiction of the courts of Australia or EU.

14. Changes to These Terms

We may update these Terms to reflect changes in our services or legal requirements. We will notify you of significant changes by posting the updated Terms on our website and, where required, by email. Your continued use of our services after such changes constitutes acceptance of the updated Terms.

15. Contact Us

For any questions, concerns, or requests regarding these Terms, please contact us:
Email: info@fattyacidlabs.com
Address: POSTFACH 8108, 36243 Niederaula, Allemagne Germany or PO Box 2080, Oak Park VIC 3046 Australia

By using our services, you acknowledge that you have read, understood, and agree to these Terms and Conditions.