Terms And Conditions

• "We" are Ketone Clinical Laboratory (Hereinafter referred to as “Ketone”, or “Company”), a company registered in Dubai under company number 1047867 and with our registered office at Office 4, Indigo Sky Building, Sheikh Zayed Road, Umm Al Sheif Dubai – UAE.
• "You" are the customer who has accessed our website (Or “Site”) or called our telephone number and intends to place or has placed an order for our Service(s).
• These terms and conditions, “Terms” apply throughout our website and during any telephone call or written correspondence between you and us. If there is any conflict between these Terms and any terms or conditions found elsewhere on our website, or in any written or verbal communication between you and us, these Terms shall prevail.
• This document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures.
• Please read these Terms carefully, as they form the entire agreement between You and Ketone. If you do not accept these Terms in its entirety, then you may not use the Site or our Services.
• You may purchase Services for yourself and create a personal account “Account” at Ketone.ae within our “Patient Portal”.
• You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Ketone of any unauthorised use, or suspected unauthorised use of your Account or any other breach of security. Ketone cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
• The person who is providing a sample for testing must be the account holder for that test or must be the dependent of the registered account holder for that test.
• When creating an account you must provide us with certain personal information – including your full name, address, gender and date of birth. Name and date of birth are standard means of identifying biological samples at our laboratory.
• You represent and warrant that:
• all required registration information, including the contact information, age, name and other information that you submit is truthful and accurate;
• you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by contacting us at support@ketone.ae. Ketone may also suspend or terminate your Account in accordance with these Terms.
• You must be at least 18 years old to purchase a Service and to provide a sample for testing.
• You may only use our Services within Dubai. We will only send sample collection agents to addresses in Dubai and our laboratory will only process samples that have been taken in Dubai.
• Test results and comments or interpretation provided by us in relation to those results are for the purposes of information only. They may provide a guide to help you understand your health but do not, and are not intended to, constitute a clinical diagnosis. This service is not a substitute for proper medical investigation and advice and we do not provide clinical or diagnostic services in relation to the tests. Our comments are based on information available to us at the time, and this information may be insufficient to gain a complete understanding of your health or a particular condition you may be suffering from. If you have any concerns regarding your health or your test results you should discuss them directly with your GP or a doctor.
• Based on the results of your test(s) and/or other information that you have provided to us, we may recommend that you purchase a follow-up test or that you see your GP for further investigation or both. You agree that you are solely responsible for acting on such guidance and that Ketone.ae accepts no liability in the event you choose not to do so.

CONTACTING US

• If you wish to contact us for any reason, including cancelling an Order or to make a complaint, you can contact us by telephoning our customer care team on +971 4 385 3188 or by e-mailing us at customer.care@ketone.ae.
• If you contact us by email please do so using the email address associated with your Ketone account, and include your order confirmation number to help us identify you. If you contact us by telephone please have your order confirmation number to hand. We will ask you to verify your personal details in order to validate your identity and protect your data.
• If we need to contact you we will do so by e-mail, telephone or WhatsApp using the contact details you provide to us in your order. By providing us with your contact details you give us your consent to contact you about the service we provide and Services you have bought or enquired about. On rare occasions we may need to contact you about your results if they indicate that you require urgent medical attention. It is important that your contact details are correct and it is your responsibility to ensure that they are kept up-to-date.

PERMITTED USE AND RESTRICTIONS

• Allowed uses:
• Directions of Use: You must follow any and all guidelines or policies or directions of use as associated with each of the Services.
• Material: For the purposes of these Terms, “material” shall mean any text, video, graphics and sound material, published on the Website, Patient Portal, whether a copyright of Company, its licensors or any third party. You are not allowed to download or print the material, or extracts from it, in a systematic or regular manner or otherwise so as to create a database in electronic or paper form comprising all or part of the material appearing on the Website or Portal. You must not reproduce any part of Website or Portal or the material or transmit it to or store it in any other website or disseminate any part of the material in any other form, unless we have indicated that you may do so.
• Restricted uses:
• You can’t impersonate others or provide inaccurate information. Also, you may not impersonate someone you aren’t, and you can’t create an account for someone else unless you have their express permission.
• You can’t raise or comment or write reviews on any political, racist or such other issue which effect’s a person, community or society.
• You can’t attempt to buy, sell, or transfer any aspect of your account (including your username) or solicit, collect, or use login credentials of other users.
• You must not misuse or interfere with the Services or try to access them using a method other than the interface and the instructions that we provide. You may use the Services only as permitted by law and as per the directions provided by us. Unless otherwise expressly stated, you may not access or reuse the Services, or any portion thereof, for any commercial purpose.
• You must not:
• republish material from this Website;
• sell, rent or sub-license material from the Website;
• show any material from the Website in public without our consent;
• edit or otherwise modify any material on the Website (other than editing your own content as per the method provided);
• reproduce, duplicate, copy or otherwise exploit material on our Website for a commercial purpose; or,
• redistribute material from the Website, except for content specifically and expressly made available for redistribution with our written consent and according to our terms;
• infringe or violate our Intellectual Property Rights or Intellectual Property Rights of our licensors or any third party;
• You must not use our Website or Portal in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
• You must not use our Website or Portal to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
• You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Website, without our express written consent.
• We reserve the right to restrict your access to any areas of our Website or Portal, or indeed our whole Website or Portal, at our discretion.

OUR SERVICES

• We provide an online service whereby you can order a medical test online. You may opt to either;
• Have a DHA licensed phlebotomist visit you at home or any other location of your choice to draw the sample or;
• Attend the lab directly to have your sample taken.
• If you choose to have a phlebotomist visit you at home or other location we will send you a qualified professional to take your sample. Our phlebotomist home visit service will use DHA licensed nurses and phlebotomists.
• We will then take your sample to our laboratory to process the test you have ordered.
• The results of your test(s) and any accompanying interpretation will be uploaded to your secure online ketone.ae account in the Patient Portal.
• We may contact you by telephone, WhatsApp or email regarding your sample and test results if necessary.
• Clauses 17a to 17e (inclusive) together make up the service that we are providing to you ("Service"). The Service will be deemed to be delivered to you once your test results have been made available as set out above.
• Some of the tests sold by Ketone are specialist pathology tests. You agree that you are solely responsible for selecting tests and that any tests you do purchase from Ketone are suitable for you and their intended purpose. If in doubt please talk to your doctor or a qualified medical professional.

HOW WE USE YOUR PERSONAL INFORMATION

• To enable us to effectively provide the Service you must provide us with certain personal information – including your full name, address, gender, date of birth and complete an ID verification.
• Except as set out below, any information that is collected from the registration process and/or the test results will be used solely in relation to the Services you have purchased from us. By placing an order you give us your consent to pass any and all relevant information about you on to our employees, agents and essential business partners (including but not limited to our Laboratory Information Management System provider) for the purposes of preparing your sample and analysing and interpreting the results. We may use your information for our own business analysis, product development and marketing purposes and may pass information about you to third parties engaged by us under a duty of confidence to assist us in these tasks. We will not sell or pass on your personal information to third parties to enable them to contact you directly or market their products or services to you. Your information may also be used, on an anonymous basis, by us and third parties engaged by us for the purpose of scientific research or examining aggregate medical or clinical trial data. Your data may be shared with Dubai Health Authority (DHA).
• None of your personal information will be passed on to your doctor or any other third party, other than for those reasons set out in previously.
• We only use your personal information in accordance with our Privacy Policy. Please take the time to read our Privacy Policy as it includes important terms which apply to you.

HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

• Our website will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order. Please take the time to read and check your order at each stage of the process.
• Payment must be received in full in cleared funds prior to us processing your order. Once payment is received, we will confirm our acceptance to you by sending you a confirmation email ("Order Confirmation"). The contract between us will only be formed on the date we send you the Order Confirmation (the "Contract").
• If for any reason, we are unable to perform a test you have ordered, we will inform you by email or by phone. If you have already paid for the test we will refund you the full amount within 10 working days. A working day is any day other than a Saturday, Sunday or public holiday in the UAE ("Working Day").
• By purchasing a test and providing a sample to our laboratory you are giving Ketone your informed consent to perform the tests you have ordered.

HOW TO PAY

• You may pay for Services using a debit or credit card. Please refer to our checkout page for a list of current payment options.

PRICE OF SERVICES

• The price of the Services are as quoted on our website at the time you submit your order.
• Prices for our Services may change from time to time, but changes will not affect any order you have already placed.
• The price of a Service includes VAT at the applicable current rate chargeable in the UAE for the time being.

SAMPLE COLLECTION AND TEST RESULTS

• Any sample we collect from you (whether it is blood, tissue, bodily fluid, or other biological sample) will be analysed at our laboratory only in relation to the test or tests that you have ordered.
• After your payment has been processed and you have received an Order Confirmation we will process your order. When we process your order we will send you an email to confirm this, and this email will include important information about your test. It is your responsibility to ensure that you have read and understood this information before we proceed to collect your sample. Ketone accepts no liability if you do not follow the instructions supplied in this email.
• Certain tests require you to fast for a minimum period prior to collecting a sample, refrain from consuming alcohol beforehand, take your sample at a certain time of day, or prepare in other specified ways. We will provide you with clear instructions if you order a test with special sample requirements and it is imperative that you follow these instructions carefully to ensure reliable test results. If you do not follow these instructions, Ketone will not be responsible for any impact to your results.
• lease ensure that you arrive for phlebotomy appointments at the Ketone laboratory in good time. If you do not attend pre-booked appointments, are late or cancel without reasonable notice you may be liable for cancellation charges and/or further costs to rebook your appointment.
• Please ensure you are at home or your agreed upon location at the agreed time or you will be liable for cancellation charges and/or further costs to rebook your visit. Due to phlebotomist availability within your area, accommodating your sample instructions (e.g. test must be taken in the morning), and meeting your availability, we are unable to guarantee that your desired appointment slot will be available at the time of selection.
• Occasionally the laboratory will be unable to test samples received. This may be because the amount collected is insufficient for full analysis, the sample has deteriorated or clotted or because it has haemolysed (where red blood cells damaged during sample collection leak their contents into the surrounding plasma). If the laboratory cannot test your sample, we will arrange for a re-draw of the sample free-of-charge to repeat the test. If a second collected sample cannot be tested, we will give you the option to re-arrange for an additional sample re-draw to repeat the test or to cancel the order and request a full refund. If your whole order fails we will refund you for the amount paid for the order. If part of your order fails we will refund you with a monetary value equivalent to the tests that failed and the price that you paid for these.
• Every test on our website has turnaround time which is an estimate of the time it will take for your sample, once received by the laboratory, to be tested and the test results made available to you online on the Ketone Patient Portal ("Turnaround Time" Or “TAT”). As a standard we endeavour to provide all test results with a TAT of 24 hours however, this is an estimate only. It is not binding on us and we do not guarantee that test results will be available in the target Turnaround Time. If you purchase multiple tests in one order we may, in certain circumstances, make results available to you only when the results of all tests have been received from the laboratory. The longest Turnaround Time for all of the tests ordered will apply in this case.
• Pre-written comments may be automatically applied to your result. The comment will be generated according to clear evidence-based rules which have been established and approved by our Medical Director. Our Medical Director is a practicing Clinical and Chemical Pathologist licensed by the DHA and the Ministry of Health (MOH).

CANCELLATIONS, REFUNDS AND RESCHEDULING

• Once your order has been confirmed, you have up to 12 hours prior to your appointment to cancel the order. You can cancel your order through your Order History in the Patient Portal or by contacting our customer service team at +971 4 385 3188 or emailing them at customer.care@ketone.ae.
• Cancellations within 12 hours of the scheduled appointment would be considered as a “No Show” and a 150 AED charge would apply. A refund will be issued for the Order Value minus the 150 AED “No Show” fee.
• This cancellation right does not apply if:
• Your sample has already been collected by us at the laboratory or at home.
• you have failed to attend a confirmed appointment for phlebotomy arranged in connection with your test.
• If you send us your cancellation request through the Patient Portal or via Email, then your cancellation is effective from the date you complete the action in the Portal or send us the e-mail.
• If you cancel your Order within the cancellation period and you are entitled to a refund we will refund you the price you paid for the Service(s) within 10 Working Days.
• We will process your refund to the payment method used by you to pay.
• Once your order has been confirmed, you have up to 12 hours prior to your appointment to reschedule the order. You can reschedule your order through your Order History in the Patient Portal or by contacting our customer service team at +971 4 385 3188 or emailing them at customer.care@ketone.ae. In order to reschedule an order within 12 hours of the appointment time please contact customer service.

PROMOTIONS AND DISCOUNTS

• We reserve the right to change our promotional offers and discount vouchers at any point.

DISCLAIMER OF WARRANTIES AND LIABILITIES

• You expressly understand and agree that, to the maximum extent permitted by applicable law:
• The website/portal, services and other materials are provided by the website/app are on an 'as is' basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, we make no warranty that:
• Your requirements will be met or that services provided will be uninterrupted, timely, secure or error-free;
• Materials, information obtained and results will be effective, accurate or reliable;
• Any errors or defects in the website/app, services or other materials will be corrected. To the maximum extent permitted by applicable law, we will have no liability related to user content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. We also disclaim all liability with respect to the misuse, loss, modification or unavailability of any user content.
• The user understands and agrees that any material or data downloaded or otherwise obtained through the website/app is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data. We are not responsible for any typographical error. We accept no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself, health coaches, laboratories or third parties.

EXCEPTIONS AND LIMITATIONS

• In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the site, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us.
• You acknowledge that there will be occasions when the Website may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.
• You agree that we are not responsible for, and do not endorse, user content posted within the Website. We do not have any obligation to pre-screen, monitor, edit, or remove any user content. If your user content violates these Terms, you shall be solely responsible for any legal consequences with respect to such user content.
• We reserve the right to remove any user content from the Website for any reason, without prior notice. User Content removed from the Website may continue to be stored by us, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. We will not be liable to you for any modification, suspension, or discontinuation of the, or the loss of any User Content.
• We may, without prior notice, change the Website, stop providing the Website or certain features, to you or to Users generally, or create usage limits for the Website. We may permanently or temporarily terminate or suspend your access to the Website or delete any User Content without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms. Upon termination for any reason or no reason, you continue to be bound by these Terms.

EVENTS OUTSIDE OUR CONTROL

• We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by any act or event beyond our reasonable control (an "Event Outside Our Control").
• If an Event Outside Our Control takes place that affects the performance of our obligations within these Terms:
• we will contact you as soon as reasonably possible to notify you, and
• our obligations within these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
• You may cancel an Order affected by an Event Outside Our Control which has continued for more than 30 days. To cancel, please contact us. If you opt to cancel, we will refund in full the total price you have paid for the Order.

INTELLECTUAL PROPERTY

• Ketone’s Rights:
• This Website, Portal, its content and Services shall remain the sole property of the Ketone. Your use of or access to this Website or Portal shall not in any way transfer or assign to you any ownership or other proprietary rights in or to this Website or Portal or any content published by Us or our licensors or third parties. This Website, Portal, Services, and its content, including but not limited to the trademark, logo, copyright, design, layout, typography, underlying HTML, Java scripts, text, audio clips, video clips and graphics, and in the expression of the information contained herein, whether as a compilation or otherwise is protected by relevant IP laws, rules and regulations. Trademarks, trade names and designs appearing on this Website or Portal are the exclusive property of, or are licensed to Ketone and are protected. No use of a trademark, trade dress, trade name or design appearing on this Website or Portal may be made without the prior, written permission of Ketone.
• Content published by You:
• The content or photo that you write or share may be protected by intellectual property laws. You own the intellectual property rights in any such content that you share on the Website or Portal. Nothing in these Terms takes away the rights you have to your own content. You are free to share your content with anyone else, wherever you want.
• However, to provide our Services we need you to give us some legal permissions (known as a ‘license’) to use this content of yours. This is solely for the purposes of providing and improving our Services.
• You can delete your account at any time.
• The User shall make sure that any Content which he or she uploads and/or adds to the Ketone Portal or Site, complies with these Terms and does not contain any Prohibited Action as set out in the following section and does not interfere with the Ketone Website or Services.
• Prohibited Actions
• The User shall use the Ketone Portal in accordance with these Terms and all applicable laws and regulations, in a proper way and without violation or infringement of any third party rights (personal rights, copyrights, intellectual property rights, data protection rights etc.). Any inappropriate or illegal use is prohibited. It is in particular, without limitation, prohibited to:
• share Content that affects or infringes the rights of any third party, in particular personal rights, copyrights or other intellectual property rights, or is otherwise illegal;
• attack the Ketone Website or Portal with a worm, virus, spyware, malware or by any other means; the User undertakes not to upload any information which, given its type or nature (e.g. viruses), size or reproduction (e.g. spamming, overloading, flooding, could interfere with the operation of the Services; and
• alter, manipulate, bypass, overload or interfere with the Ketone Portal or Website and its underlying software and/or security systems.

GOVERNING LAW AND DISPUTE RESOLUTION

• Governing Law: The Terms and any dispute arising from the same will be governed by applicable law of United Arab Emirates.
• Dispute Resolution:
• If in case, any controversy, conflict or dispute of any nature arises between the User or third party and the Company in connection with the provisions of these Terms, or out of or relating to or in connection with the use of Website or Services, the parties shall spend at least 15 days to try and use all means to amicably resolve that dispute or conflict or controversy.
• If however, the attempt to settle such a dispute amicably fail, then such controversy, conflict or dispute between the User or third party and Company, shall be referred to and finally settled by a binding expedited Arbitration, to be headed over by a sole Arbitrator, who is to be appointed by the Company. The language of the Arbitration proceeding (including that of any documents to be submitted therein) shall be English and the seat of Arbitration shall be Dubai, UAE.
• Any challenges or other disputes to the Arbitration clause mentioned above shall be brought before the applicable courts in the Dubai, UAE.

INDEMNITY

• You acknowledge to defend, indemnify and hold Company, its affiliates, subsidiaries, directors, officers, employees, agents, partners, and any other licensors (hereinafter referred to as “Indemnified Party”) harmless from and against any claim, disputes, or demand, including reasonable attorneys’ fees, made by a third party, relating to, or arising from:
• Your violation of any third-party right;
• Your wrongful or improper use of the Services;
• Your If we determine that you have breached our Terms or Policies, we may suspend or permanently disable access to your account. We may also suspend or disable your account where we are required to do so for legal reasons.

OTHER IMPORTANT TERMS

• We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under the Terms.
• This Contract is between you and us. No other person shall have any rights to enforce
• Each of the clauses of the Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
• If we fail to insist that you perform any of your obligations under the Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
• We may add to or change or update these Terms at any time, from time to time, entirely at its own discretion, with or without any prior written notice. You are responsible for checking these Terms periodically. Your use of the Site after any amendments to the Terms shall constitute your acceptance to such amendments.