QR Diagnostics COVID-19 Testing Terms and Conditions

Thank you for booking with QR Diagnostics.

These terms and conditions (“Terms”) for the providing of Novel Coronavirus disease (“COVID-19”) testing services govern the provision of such services by QR Diagnostics, and its affiliates, partners, members, employees, send-out laboratories, partner clinics and contractors (collectively “QR Diagnostics”) to the individual being tested and/or the individual’s representative, parents, guardian, etc. (“Patient”).

These Terms, along with the specific acknowledgments made by Patient as part of the registration process for COVID-19 testing (collectively, this “Agreement”) comprise the entire agreement between the parties, and supersede all prior or contemporaneous understandings, representations and warranties, and communications, both written and oral.

By clicking the “I ACCEPT” button, accessing the QR website, or booking with QR Diagnostics, you consent to and accept these Terms of this Agreement and any future changes to these Terms.

Section 1: Services

1. QR Diagnostics shall provide COVID-19 testing services (“Testing Services”) to Patient in accordance with these Terms. These Testing Services are to determine whether the Patient tests positive (detected) or negative (not defected) for the presence of the COVID-19 novel coronavirus as of the time of testing. QR Diagnostics shall not be expected to determine or provide other test results or information.

Section 2: Testing Schedule

1. Patient acknowledges that there is presently high demand for COVID-19 novel coronavirus testing. The time between when a Patient is tested and when the Patient’s results become available may be unpredictable but QR Diagnostics shall endeavor to release the results within the period chosen by Patient. QR Diagnostics makes no representations as to a specific time when results may become available.

2. Additional testing may be required depending on the results of the test, which may be due to the following reasons: an inconclusive result, specimen quality, etc.

3. Patient acknowledges that upon securing of a Testing schedule or upon confirmation of booking, he/she is holding a spot which could have been availed by others, thus, no refunds of payments made shall be allowed.

   A Patient not present during the agreed schedule shall be regarded as a no show, unless prior arrangement has been made. A no show Patient shall be allowed to ask for a rebooking, rescheduling, subject to availability of schedule. A Patient shall only be allowed to rebook once.

4. Patient shall fulfill payment and send the completely filled out Case Investigation Form (CIF) and proof of payment (with Booking Reference No.) within four (4) hours from receipt of booking reservation, to QR Diagnostics for payment confirmation. Otherwise, booking will be cancelled. Payment advice received before 3PM shall be confirmed within the day and payment advice received after 3PM shall be confirmed the following business day.

Section 3: Patient’s Obligations.

Patient shall promptly and completely:

1. cooperate with QR Diagnostics in all matters relating to the Testing Services and provide such access to Patient’s physical health, records, and such medical information as may reasonably be requested or required by QR Diagnostics for the purposes of performing the Testing Services, the Department of Health (DOH), concerned Regional Epidemiology and Surveillance Unit (RESU) and the City Epidemiology and Surveillance Unit (CESU), the concerned local government units and other government agencies or institutions required by law to handle the management of COVID-19 or other notifiable diseases under Republic Act. No. 11332, including their affiliates and their respective officers, employees, agents, representatives and personnel.

2. create and accurately complete all necessary portions of Patient’s Case Information Form (CIF) online profile, including provide answers to health questions, medical information, and exposure history

3. respond promptly to any QR Diagnostics request to provide information, approvals, authorizations, or decisions that are reasonably necessary for QR Diagnostics to perform Testing Services in accordance with the requirements of this Agreement.

4. provide such Patient materials or information as QR Diagnostics may reasonably request to carry out the Testing Services in a timely manner, such as but limited to, valid proofs of identity (IDs), booking confirmation, etc. Patient shall ensure that such Patient materials or information are complete and accurate in all material respects.

PATIENT UNDERSTANDS AND ACKNOWLEDGES THAT ACCURATE PROCESSING OF PATIENT COVID-19 TESTING IS CONTINGENT ON PROVIDING FULL, COMPLETE, AND ACCURATE MEDICAL INFORMATION TO QR DIAGNOSTICS.

Section 4: Data Privacy

1. All of Patient’s personal and medical information shall be kept private and secure and in accordance with the QR Diagnostics Privacy Policy

2. QR DIAGNOSTICS MAY PROVIDE YOUR TEST RESULTS OVER EMAIL OR TEXT MESSAGE TO THE ADDRESSES AND/OR TELEPHONE NUMBERS YOU PROVIDED. QR Diagnostics’ results are not encrypted, which means a third party could accessthe information. Additionally, if someone obtains accessto your devices, then they could retrieve the result message. QR Diagnostics will use reasonable means to protect the privacy of your protected health information, including test results, but YOU ACKNOWLEDGE THE INHERENT RISK OF POTENTIAL DISCLOSURE OF YOUR RESULTS. UNDERSTANDING THIS RISK, BY PROVIDING YOUR EMAIL OR TELEPHONE NUMBER, YOU CONSENT TO PROVIDING YOUR RESULTS THROUGH EMAIL OR TEXT MESSAGE AND RELEASE QR DIAGNOSTICS, ITS AGENTS, REPRESENTATIVES OF ANY LIABILITY RELATING TO YOUR RESULTS.

Section 5: Potential Disclosure to Patient’s Employer

1. Some Patients will be receiving the Testing Services provided under this Agreement as required and paid for by Patient’s employer. If Testing Services are paid for and provided through Patient’s employer, Patient understands and acknowledges that Patient’s employer shall receive the results of Patient’s COVID-19 test, regardless of whether Patient tests positive, negative, or inconclusive. Patient understands, acknowledges, and agrees to the providing of the necessary personal and medical information to Patient’s employer if necessary, under this Section, as well his/her employer’s use of that information within applicable data privacy laws. QR Diagnostics shall not be liable for the employer’s use or misuse of any data, testing results, personal or medical information, or any other information provided as a result of the Testing Services. Patient allows the disclosure to the employer and expressly agrees to waive any applicable data privacy laws relating to the results of the Testing Services to the extent necessary to fulfill this section.

Section 6: Disclosure to the DOH, RESU, CESU the concerned local government units and other government agencies or institutions required by law to handle the management of COVID-19 or other notifiable diseases under Republic Act. No. 11332, including their affiliates and their respective officers, employees, agents, representatives and personnel.

1. DOH, RESU, CESU the concerned local government units and other government agencies or institutions required by law to handle the management of Covid19 or other notifiable diseases under Republic Act. No. 11332 require the disclosure of all test results (whether positive, negative, or inconclusive) from COVID-19 testing. Patient understands, acknowledges, and agrees that the results of Patient’s COVID19 test administered under this Agreement shall be permitted to be disclosed to the DOH, RESU, CESU the concerned local government units and other government agencies or institutions required by law to handle the management of COVID-19 or other notifiable diseases under Republic Act. No. 11332, asrequired by mandate and/or law. QR Diagnostics shall not be liable for the applicable DOH, RESU, CESU the concerned local government units and other government agencies or institutions required by law to handle the management of COVID-19 or other notifiable diseases under Republic Act. No. 11332 use or misuse of any data, testing results, personal or medical information, or any other information provided as a result of the Testing Services. Patient allows the disclosure and expressly agrees to waive any applicable data privacy laws to the extent necessary to fulfill this section.

Section 7: Disclosure to Send-out Laboratory or by Clinic Partner

1. The Testing Services may be fulfilled by QR Diagnostics send-out laboratories. Patient understands, acknowledges and agrees to the providing and disclosure of the necessary personal and medical information to the send-out laboratories as well as the send-out laboratories’ use of said information within applicable data privacy laws. QR Diagnostics shall not be liable for the send-out laboratories’ use or misuse of any data, testing results, personal or medical information, or any other information provided as a result of the Testing Services. Patient allows the disclosure to the send-out laboratories and expressly agrees to waive any applicable data privacy laws relating to data, testing results, personal or medical information, or any other information provided as a result of the Testing Services to the extent necessary to fulfill this section.

2. The Testing Services may also be fulfilled by QR Diagnostics acting as the send-out laboratory of its partner clinics. Patient understands, acknowledges and agrees to the providing and disclosure of the necessary personal and medical information by partner clinics to QR Diagnostics, as well as QR Diagnostics’ use of said information within applicable data privacy laws. QR Diagnostics shall not be liable for the partner clinics’ use or misuse of any data, testing results, personal or medical information, or any other information provided as a result of the Testing Services. Patient allows the disclosure to QR Diagnostics and expressly agrees to waive any applicable data privacy laws relating to data, testing results, personal or medical information, or any other information provided as a result of the Testing Services to the extent necessary to fulfill this section.

Section 8: Assumption of Risk and Acknowledgement of Testing Procedure Discomfort

1. The COVID-19 testing procedure is a medical procedure, and therefore may involve some degree of discomfort, invasiveness, distress, dissatisfaction, and/or other negative reaction. Patient expressly understands, acknowledges, and accepts that he/she may experience discomfort, invasiveness, distress, and/or other negative reaction as a result of receiving Testing Services under this Agreement. Patient further expressly understands, acknowledges, and accepts that this discomfort, invasiveness, distress, and/or other negative reaction is inherent to the testing process and not a result of any misuse of the testing materials by QR Diagnostics. Patient agrees that QR Diagnostics cannot be held liable for any discomfort, invasiveness, distress, and/or other negative reaction experienced by Patient as a part of or result of the Testing Services.

Section 9: Ownership of Intellectual Property, Confidential Information, and Data

1. Patient acknowledges and agrees that QR Diagnostics shall hold right and title to any intellectual property rights in and to the results of the Testing Services, including any derivative works or information created from or with the results of the Testing Services.

Section 10: Disclaimer of Warranties

1. EXCEPT FOR THE REPRESENTATIONS AND WARRANTIES EXPRESSLY SET FORTH IN THIS AGREEMENT, QR DIAGNOSTICS MAKES NO REPRESENTATION OR WARRANTY WHATSOEVER WITH RESPECT TO THE TESTING SERVICES, INCLUDING (A) REGARDING THE USE OR MISUSE OF PATIENT INFORMATION PROVIDED UNDER SECTIONS 6 and 7 ABOVE; AND (B) ACCURACY OF COVID-19 TESTING RESULTS RESULTING FROM INCOMPLETE OR INACCURATE PATIENT INFORMATION OR PERFORMANCE OR SPECIMEN QUALITY.

Section 11: Limitation of Liability.

1. IN NO EVENT SHALL QR DIAGNOSTICS BE LIABLE TO PATIENT OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, EMPLOYMENT MATTERS, PAIN AND SUFFERING, DISTRESS, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT (INCLUDING NEGLIGENCE), OR OTHERWISE. Patient acknowledges that, while reasonable precautions are taken by QR Diagnostics to avoid any transmission or exposure, there is a possibility of potential exposure during testing, and Patient is knowingly consenting to this test subject to this risk.

   I understand, acknowledge, and accept that I may experience discomfort or other negative reaction as a part of or result of the testing procedure. This discomfort or other negative reaction is inherent to the testing process. I understand, acknowledge, and accept that my employer is entitled to receive my test results, whether the result is positive, negative, or inconclusive. I understand, acknowledge, and accept that the testing provided is required to disclose test results to the DOH, RESU, CESU the concerned local government units and other government agencies or institutions required by law to handle the management of COVID-19 or other notifiable diseases under Republic Act. No. 11332, including their affiliates and their respective officers, employees, agents, representatives and personnel.

   I understand, acknowledge, and accept that QR Diagnostics may use email or text message to transmit my test results to me, recognizing someone unintended could access my device(s) or attempt to intercept my results.