Terms of service

Terms & Conditions

True Proactive is the trading name of True Proactive Health Limited (Company number: 9349938).

Please read these Terms & Conditions carefully.

Due to the nature of True Proactive’s (in these Terms & Conditions, ‘we’, ‘us’, ‘our’) medical screening products and services (together the “Products and Services”), it is important that you understand the benefits and limitations of the Products and Services, as well as the potential risks and consequences associated with their use.

These Terms & Conditions apply to all purchases of the Products and Services offered through our website. By purchasing or using any Products and Services, you (in these Terms & Conditions ‘you’, ‘your’), agree to be bound by these Terms & Conditions. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS & CONDITIONS, PLEASE DO NOT PURCHASE THE PRODUCTS AND SERVICES.

1. About the Products and Services

We supply point of care and return to lab medical screening tests intended for preliminary health screening purposes only.

The Products and Services are not diagnostic tests and are not intended to diagnose, treat, cure, or prevent any disease or medical condition.

The accuracy and reliability of the Products and Services depend on correct use, including strict adherence to the instructions provided for sample collection, handling, timing, storage, and result interpretation. As with any medical test, results are not 100% definitive and are intended as a screening guide only, to be considered and managed in consultation with your doctor or other qualified healthcare professional.

The information provided through our website and in any communications with us in respect of the Products and Services, including testing and results information, is intended as general guidance only and is not a substitute for professional medical advice, diagnosis or treatment. None of the information provided on our website or in connection with the Products and Services, including any communications with us constitutes medical advice and you should always seek the advice of your doctor or other qualified healthcare professional with any questions you may have regarding the test results of our Products and Services or the status of your health, including any underlying symptoms and any genetic predisposition that may require medical attention.

Please be aware that failure to follow the instructions provided in respect of the Products and Services that you have purchased may result in inaccurate, invalid, or misleading test results. Please contact us if you have any questions or if any of the instructions provided are unclear.

2. Medical Disclaimer (Important)

By purchasing or using any of the Products and Services, you acknowledge and agree that:

·     Test results from our Products and Services are provided for informational purposes only. They may help guide your understanding of your health but do not constitute a clinical diagnosis or medical advice.

·     While we work exclusively with accredited laboratories and validated point of care technologies and manufacturers, no laboratory test, point of care test, or any medical test is perfect. Test results may occasionally be inaccurate or inconclusive, and you must always bear that in mind in the interpretation of your test results and any future medical decision making.

·     Medical screening tests can produce false negative results, where a condition is present but not detected, as well as false positive results, where a test is abnormal despite no underlying condition being identified on further investigation.

·     Medical screening tests are not 100% accurate. False positive and false negative results can occur. A normal result does not guarantee the absence of disease; an abnormal result does not confirm the presence of disease.

·     Results are highly dependent on correct use of our Products and Services according to the instructions provided.

 

You further acknowledge and agree that:

 

·     If you receive a positive faecal immunochemical test (FIT) result from the use of our Products and Services outside the scope of New Zealand’s national bowel screening programme or a referral from your doctor, you are not automatically guaranteed public access to a colonoscopy procedure. If you are unable to access a public colonoscopy as a result of a positive FIT using our Products and Services, you may need to pay for a private colonoscopy yourself.

·     All test results from our Products and Services (normal, abnormal, or unclear) should be discussed with your doctor or other qualified healthcare professional.

·     Any abnormal, unexpected, or concerning results must be followed up with your doctor or other qualified healthcare professional.

·     You should not delay, avoid, or change medical care based solely on a test result.

 

True Proactive is not responsible for and does not provide medical advice, diagnosis, or clinical interpretation in relation to any test results from our Products and Services. We act solely as a retailer and facilitator of medical screening tests and do not provide personalised medical advice, diagnosis, treatment, or clinical decision-making. You are responsible for arranging any follow up consultations with your doctor or other qualified healthcare professional to discuss your test results, further investigations, or referrals as appropriate.

True Proactive is not responsible for independent clinical decisions made by you or your doctor or other qualified healthcare professional based on the test results from our Products and Services.

Our Products and Services are not intended and should not replace consultation with your doctor or other qualified healthcare professional in respect the status of your health or any symptoms.

By purchasing and using our Products and Services, you acknowledge and accept the inherent limitations and risks of medical screening products, including the risk of false reassurance or unnecessary anxiety or stress.

3. Intended Use Only

Our Products and Services must be used in accordance with the instructions provided.

You must not:

·     Deviate from the Products and Services instructions for use.

·     Use any expired Products and Services.

·     Use Products and Services that have been stored incorrectly based on the instructions provided.

·     Reuse, share, or transfer Products and Services intended for single person use.

 

Results obtained from incorrectly used Products and Services may be unreliable and should not be relied upon for any health-related or medical decisions.

4. User Responsibility and Acknowledgement

By purchasing or using any Product and Services, you acknowledge and agree that:

·     The accuracy of test results depends on correct sample collection and strict adherence to the instructions provided.

·     You are responsible for deciding whether to purchase and use the Products and Services.

·     You are responsible for following all instructions provided.

·    We are not responsible for errors arising from incorrect use of any Products and Services.

·    You are responsible for seeking medical advice to discuss the test results of the Products and Services, regardless of outcome.

·    We do not provide any medical advice in connection with the Products and Services and are not responsible for arranging any further investigations or referrals in respect of any test results, which should be discussed with your doctor or other qualified healthcare professional, as appropriate.

5. Results Handling and Follow Up

The test results relating to our Products and Services, and any accompanying interpretation, will be sent to you by email using the email address information that you have provided. If your test results indicate a critical health issue (such as a notifiable disease), subject to our legal obligations, we will first try to contact you using the contact number you have provided us. We reserve the right to contact, your doctor where we know their identity, a hospital Emergency Department and/or potentially the NZ Police if we are unable to contact you or in addition to contacting you about your test results. It is your responsibility to ensure that your contact details with us are kept up to date.

You are personally responsible for the test results provided in connection with our Products and Services and for determining any next steps. We are not responsible for interpreting your results or providing and medical advice.

Your test results and any communications with us about them are for information purposes only. The results may help you understand your health status but are not intended to, and do not, constitute a clinical diagnosis or medical advice. Our Products and Services are not a substitute for such diagnosis or advice.

None of the information provided on our website or in connection with the Products and Services, including any communications with us constitutes medical advice. You are strongly advised to discuss all test results with your doctor or other qualified healthcare professional, including results that appear normal.

We do not provide emergency services or any medical management or advice. If you experience severe, worsening, or concerning symptoms, seek urgent medical care regardless of any test results from our Products and Services.

If you receive a positive faecal immunochemical test (FIT) result from the use of our Products and Services outside the scope of New Zealand’s national bowel screening programme or a referral from your doctor, you are not automatically guaranteed public access to a colonoscopy procedure. If you are unable to access a public colonoscopy as a result of a positive FIT using our Products and Services, you acknowledge that you may need to pay for a private colonoscopy yourself.

6. No Waiver and Partial Invalidity

If we do not exercise or enforce any right available to us under these Terms & Conditions, it does not constitute a waiver of those rights.

If any provision of these Terms & Conditions becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining Terms & Conditions, which shall continue in full force and effect

7. Orders, Pricing, and Payment

All prices for our Products and Services are listed on our website in New Zealand dollars (NZD) and include GST where applicable.

Products and Services must be purchased online through our website. This involves registering an account and ordering the Products and Services. The website will guide you through the steps you need to register and place an order. Please take the time to read and check your order at each stage of the process for accuracy. Unless otherwise agreed with us, Products and Services cannot be ordered by email or telephone.

You must be at least 18 years old to order the Products and Services and must provide certain personal information including the name, phone number, email address and date of birth of each person you are purchasing our Products and Services for.

Payment of the Products and Services must be made in full at the time of purchase before we can process your order.

You are solely responsible for selecting the Products and Services and for ensuring that they are suitable for you and your intended purpose in ordering it. If in doubt, please talk to your doctor or other qualified healthcare professional.

We reserve the right to refuse or cancel any order at our discretion, including where Products and Services are unavailable or where incorrect pricing has occurred.

8. Shipping and Delivery

We will arrange delivery of the relevant Products and Services to the address you provided at purchase checkout in accordance with our Shipping Policy, which by purchasing or using any of the Products and Services, you agree to be bound by.

Delivery timeframes are estimates only and may vary due to factors beyond our control.

Any sample you provide (whether it is blood, tissue, body fluid or any other biological sample) will be analysed only in relation to the Products and Services you have ordered. All samples will be collected, tested and retained by an accredited lab in accordance with the Human Tissue Act 2008.

9. Refunds, Returns, and Faulty Products

Due to the nature of our Products and Services:

·     We do not accept returns or provide refunds for products that have been opened, used, or tampered with, except where required by law.

·     We do not provide refunds for change of mind.

 

If any of our Products and Services are faulty, damaged, or incorrect on delivery, please contact us within a reasonable timeframe from receipt of delivery, so we can assess the issue and, where an issue is confirmed, provide a replacement or refund at our discretion.

10. Consumer Protection (New Zealand)

Nothing in these Terms & Conditions limits or excludes any rights you may have under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986. We do not give any express guarantees for the purposes of the Consumer Guarantees Act 1993.

11. Limitation of Liability

To the maximum extent permitted by law, True Proactive and its directors, officers and employees shall not be liable or responsible for:

·    Any direct or indirect loss, injury, liability, damage, costs or expense, howsoever arising, and whether or not as a result of lack of reasonable care or gross negligence, in connection with any of our Products or Services.

·    Any injury, death, liability, damage, costs or expense sustained by you or any other person by reason of any delay in the delivery or supply of any Products or Services, or the results of any Products or Services. 

To the extent that liability cannot be legally excluded, in no event shall any liability of True Proactive, howsoever arising (including directly or indirectly), exceed the amount actually paid by a customer in respect of the relevant Products and Services subject to that liability claim. Further, True Proactive’s liability for any claim will be reduced to the extent that a customer contributed to, or failed to mitigate (but only to the extent of such failure to mitigate), the loss or damage arising from their claim.

True Proactive has no liability for any lack of performance, unavailability or failure of the Products and Services or our website, or for any failure to comply with these Terms & Conditions where the same arises from any cause reasonably beyond our control.

12. Privacy

By purchasing or using any of the Products and Services, you agree to be bound by True Proactive’s Privacy Policy, which explains how your personal and health information is collected, used, disclosed, stored, and protected.

Where you are purchasing our Products and Services on behalf of any other person, you must make sure you have that person’s authority and consent to provide us with their personal information and you must make sure that person knows that their information may be used by us in the circumstances set out in True Proactive’s Privacy Policy. If that person does not want their test results from the Products and Services sent to you using the contact information that you have provided, you will need to include that person’s relevant contact information at purchase checkout where prompted to do so.

13. Changes to these Terms & Conditions

We may update or change these Terms & Conditions from time to time, including to reflect changes to our practices or for other operational, legal, or regulatory reasons, by publishing an updated version of these Terms and Conditions on our Website.

Last updated: July 2026

14. Governing Law

Our Products and Services are provided in New Zealand under New Zealand law. These Terms & Conditions are governed by the laws of New Zealand, and any disputes are subject to the exclusive jurisdiction of the New Zealand courts.

 

15. Contacting Us  

If you wish to contact us for any reason, please see the ‘Contact Information’ section of our website.

 

If we need to contact you or any other person in respect of your purchase order, we will do so by email, telephone or letter using the contact details you have provided us. By providing those contact details, you give us your consent to contact you or that other person in accordance with these Terms & Conditions and our Privacy Policy, including in relation to the Products and Services you have enquired about, ordered or been provided. If necessary, we may leave you a message.