Rako Science Testing Terms & Conditions

Testing is a biological process involving significant complexity and variability, and consequently, no testing regime is 100% accurate in all cases.

All testing is conducted on this basis. These Terms and Conditions (Terms) apply to the provision of both PCR saliva-based COVID-19 testing and SARS-CoV-2 IgG Antibody testing provided by Rako Science Limited (Rako).

 

  1. Defined terms & interpretation 
    In these Terms: 

    • Client means the individual identified on the order form who is requesting the Service; 

    • Results means the test results provided to the Client by way of SMS and/or a password protected e-certificate; and 

    • Service means the provision of Rako’s accredited PCR saliva-based COVID-19 test , SARS-CoV-2 IgG Antibody test and the corresponding Results. 

  2. The Service 

    • The Client is solely responsible for selecting the Service and for determining whether the Service is suitable for the Client’s intended purpose and needs.  

    • Any sample provided by the Client will be analysed only in relation to the specific test the Client has selected on the order form. 

    • By submitting an order form to Rako, the Client gives their informed consent for Rako to obtain a suitable sample from the Client and perform the requested Service in accordance with these Terms. 

    • Rako accepts no responsibility or liability in relation to the ongoing security of Results once they are sent to the Client.  

    • Any sample provided by the Client for the purpose of receiving the Service will be collected, tested, and retained in accordance with the Human Tissue Act 2008.  

    • Rako will perform the Service with due care and skill and comply with all laws and regulations that apply to the provision of the Service in New Zealand. 

  3. Service Fee 

    • The relevant service fee must be paid in full prior to receipt of the Service.  For a list of current service fees, please check the Rako Science website.  

  4. Client Information 

    • All Client information collected by Rako will be handled in accordance with the Privacy Act 2020, the Health Information Privacy Code 2020, and Rako’s Privacy Policy available at https://www.rakoscience.com/privacy-policy.   

    • The Client acknowledges and accepts that Rako is required to collect, use and disclose the Client’s information to enable it to perform the Service and to comply with its statutory and legal obligations.  In particular, if the test results show a positive indication of the COVID-19 virus, as a notifiable disease, Rako reserves the right to contact a Medical Officer of Health and/or local health authorities as may be required by law.  

    • The Client consents to Rako using de-identified information derived from the performance of the Service (including test results) for the purpose of improving and developing the Service, producing insights and analysis, and other research and development purposes undertaken by Rako and its partners.  

  5. Service Limitations. 

    • The Client acknowledges that the PCR saliva-based COVID-19 testing Service is limited to confirming a positive or negative indication of the COVID-19 virus at a particular point in time.

    • The Client acknowledges that the SARS-CoV-2 IgG Antibody testing Service is limited to detecting the absence or presence of IgG antibodies at a particular point in time.

    • The client acknowledges that testing for SARS-CoV-2 IgG antibodies should be performed at least 14 days after the second dose, booster or SARS-CoV-2 infection onset. 

    • Rako accepts no responsibility or liability in relation to the inability to process any sample as a result of insufficient quantity or quality of the sample provided.

    • In respect to the SARS-CoV-2 IgG Antibody testing Service, the client acknowledges that antibody testing has not been correlated with immunity in studies to date  

    • Rako does not provide any interpretation of or engage in further discussions with the Client about the Results.  

    • Rako recommends the Client obtains specific medical advice from a registered health practitioner before acting or relying on the Results.    

    • The Client is solely responsible for the interpretation of the Results, and any use of the Service or reliance on the Results is at the Client’s own risk.  

  6. Consumer Guarantees Act 1993 

    • Where the Client is a ‘consumer’ for the purposes of the Consumer Guarantees Act 1993 (CGA), nothing in these Terms is intended to exclude, modify or limit any implied condition, warranty, right or remedy available to that Client under the CGA.  

  7. Liability 

    • The Client acknowledges and agrees that Rako will not be responsible or liable for any loss or costs incurred by the Client arising from third party travel disruptions, airline scheduling changes, flight delays or cancellations (including the need for any secondary or subsequent test).   

    • In no event will Rako be responsible or liable to the Client for any failure or delay in providing the Service that is caused or contributed to by factors outside of Rako’s control.  

    • Government and airline requirements in relation to pre-departure testing change frequently.  The Client is solely responsible for independently verifying any travel requirements before making a booking for the Service and/or relying on the Results.  Rako does not accept any liability for any loss or costs incurred by the Client in the event the Results are not accepted by, or do not meet the requirements of, any particular airline or government authority (e.g. due to timing, format of the Results, changes to local regulations etc). 

    • Except for any liability of Rako arising under the CGA, each party’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise, arising in connection with these Terms and the performance of the Service shall be limited to the value of the Service Fee. 

  8. No Waiver 

    • A waiver of any right under these Terms is only effective if it is in writing and signed by or on behalf of the waiving party. 

  9. Severability 

    • If any provision contained in these Terms is held to be invalid or unenforceable by any judicial or other competent authority, all other provisions of these Terms will remain in full force and effect and will not in any way be impaired. 

  10. Entire Agreement 

    • These Terms constitute the whole agreement between the parties and supersedes all previous agreements, documentation, representations or discussions relating to its subject matter.   

  11. Governing Law 

    • These Terms are governed by New Zealand law and the courts of New Zealand shall have exclusive jurisdiction.