By accessing and using the site and mobile application (collectively, the “Sites”), you agree to all the terms and conditions of this agreement. By accessing, downloading, installing or using the service, you agree that you have read, understood, and agree to be bound by these terms. If you do not agree, you may not use these services.
TravaLab provides an online technology and mobile application platform that connects patients, laboratories and practices with independent contractor technicians to facilitate on-demand healthcare services (the “Platform”). Through the Platform, patients may request healthcare services be delivered to them in cities throughout the United States. Independent contractor technicians can access the Platform and receive appointment opportunities from patients.
The laboratories, practices and technicians on our Platform operate independently and have entered into agreements with us to provide the healthcare services available on to you on the Sites. The practices and technicians are required to comply with federal, state and local laws, rules, regulations, and standards pertaining to the preparation and procedure of requested healthcare services.
TravaLab does not provide delivery services. Independent contractors (the “Technician”) deliver and provide healthcare services through use of the Platform. TravaLab provides information and a platform to receive healthcare technician services but does not intend to act in any way as a technician.
TravaLab does independently assess all representations made by technicians regarding certification, background and skills. We guarantee that technicians independently contracted are able and suitable to perform and deliver healthcare services but hold no responsibility or liability for any technician or performance.
As detailed in these Terms of Service, you agree and acknowledge:
-The site and app are licensed, not sold to the patient, and may only be used as stated in these Terms;
-Your use of the Sites/Platform may be subject to other third party terms of service and fees including your mobile network’s terms of service and fees, data usage fees and overage, all of which are the user’s sole responsibility;
-You agree not to introduce viruses, time-bombs, worms, cancelbots, trojan horses and/or other harmful code into the Service;
-You agree not to use any robot, spambot, spider, crawler, scraper or other automated means or interface not provided by us to access the Service or to extract data;
-You agree not to use the Service in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that TravaLab is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using the Service;
-You agree not to bypass any security or other features of the Service designed to control the manner in which the Service is used, harvest or mine content from the Service, or otherwise access or use the Service in a manner inconsistent with individual human use;
-You agree not to perform any fraudulent activity, including impersonating any person or entity, or accessing any other Service account without permission;
-You agree not to decipher, reverse engineer, decompile or disassemble the Service, or the software used to provide the Service, in whole or in part, or authorize, direct, or cause a third party to do so;
-You agree not to access, tamper with, or use non-public areas of the Service, TravaLab (and its hosting company’s) computer systems and infrastructure, or the technical delivery systems of TravaLab providers;
-Disputes arising under these Terms will be resolved by binding arbitration as covered by Section 15 of these Terms.
Materials and License
The Sites and Platform are licensed, not sold, to you for use only under the terms of this license. TravaLab grants you a personal, limited, revocable, non-transferable license to use the Sites on compatible devices that you own or control, solely for your non-commercial use. You may not modify, alter, reproduce, distribute or make the Platform available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Platform or otherwise exploit for any commercial purpose without our express written consent.
If you breach these license restrictions, or otherwise exceed the scope of the license granted in these Terms, you may be subject to prosecution and legal damages, as well as liability for infringement of intellectual property rights. These Terms will govern any updates provided to you by TravaLab that replace and/or supplement the original Platform, unless the update is accompanied by a separate license in which case the terms of that license will govern. You may not use any logo or other proprietary graphic or trademark of ours, our Partners or affiliates without our express written permission.
The Platform and Sites may contain links to other independent third-party websites (Third-Party Sites). Third-Party Sites are not under our control and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
2. Data Use Consent
3. Intellectual Property Ownership
The Service, and the media and materials contained in the Service, including all intellectual property rights in the Service, are the sole and exclusive property of TravaLab and its licensors. Except for the limited license expressly granted by and to you under these Terms, no other rights, licenses, or immunities are granted or shall be deemed to be granted under these Terms, either expressly, or by implication, estoppel or otherwise. All rights not expressly granted by TravaLab in these Terms are expressly reserved.
4. Account Registration and Access
You must be at least eighteen (18) years old to use our services. If you are a minor under the age of eighteen (18), you must have the permission of, and be directly supervised by, your parent or legal guardian to use the Sites.
By agreeing to these Terms, you represent and warrant to TravaLab:
- That you are at eighteen (18) years old;
- That you have not previously been suspended or removed from the service;
- That your registration and your use of the service is in compliance with any and all applicable laws and regulations;
We may suspend services or terminate user accounts if we reasonably suspect that they are being used in breach of the restrictions in this section.
5. Registration Information Requirements
To use TravaLab’s services, you are required to provide us with information about yourself including name, physical address, phone number and any other relevant contact information. Additionally, the below must be followed for service requests:
- All information you provide to us, a practitioner or enter into the Platform is accurate and in English;
- If you have any concerns about the services we provide to you or any information regarding the Platform, please seek further medical advice from your GP or another medical professional;
- You follow any instructions you are given by practitioners;
- You follow any instructions regarding the use of any medicines or healthcare products we recommend or prescribe (including in respect of use-by dates);
- You report any adverse or unexpected effects of treatments we recommend to us;
- You keep any medicines we give you securely and do not allow others to use them;
- You notify us if any of the information about you provided to us is or becomes inaccurate or incomplete;
- You use our services only for yourself, unless you are assisting a minor;
- If you provide any information that is untrue, inaccurate, not current or incomplete, TravaLab has the right to block your current or future use of the Sites and/or terminate this Agreement with you.
6. Payment Terms
The price of our services will be set out on the Sites at the time of our commitment to provide services. Our prices may change at any time, but price changes will not affect any services that you have already ordered. You are responsible for paying the price for all services requested.
- Value Added Tax (VAT), where applicable, and unless otherwise stated;
- Credit card and other processing fees, where these are incurred;
- TravaLab will charge or invoice you for services at the time you order them. Any amounts charged or invoiced are due and payable upon our invoice being issued unless otherwise specified in these Terms or the Sites.
- Services are payable via credit or debit card;
- If you use our services because of your relationship with a third party partner, we may invoice you for any charges in respect of our services which are not paid for by your partner. You will be notified of these at the time of requesting our services. This may happen if, for example, an insurer enables our services to be provided to you but does not fully fund our charges for service provision, or if a practitioner recommends additional medical tests after a consultation;
7. Cancellations by Users and TravaLab
You may cancel your agreement with us within 14 days of the day on which you receive your first receipt (Cancellation Period). We will refund your service fee to you within 14 days from the day on which we receive your cancellation notice provided that, if you use the Platform to receive the services within the Cancellation Period and you subsequently choose to cancel the services within that Cancellation Period, then we may reduce the amount of any refund to recover the cost of:
- Any services which we have already begun to perform (such as appointments booked with practitioners);
- Digital products after you have started to download them;
- Products sealed for health reasons, once unsealed;
You may end your agreement with us:
d. If the services are unavailable for reasons outside our control or for technical reasons;
e. You do not like a proposed change to these Terms;
f. If we have failed to fix or re-perform services not provided to standards set out;
If you want to cancel your agreement under any of the mentioned, you must give us notice by calling us on 1-800-921-6933 or email us at email@example.com.
TravaLab may end your agreement with you:
g. If the services are unavailable for reasons outside our control;
h. If you do not pay us any charges on time;
i. If you do not comply with the conditions on use of services set out;
j. If you break any other term of this Agreement.
8. Third Party Interactions
Third Party Product Sales
The TravaLab Platform enables your purchase of healthcare services and products from our third-party partners and suppliers.
If you use our Platform to order a product, our responsibility is to place that order on your behalf with its supplier. Your contract for supply of a product is with the corresponding supplier who is solely responsible for product sourcing, quality and delivery.
As part of the product order process, a supplier will contact you with further information about your product order including your right to cancel. Product images on the Platform are solely illustrations. We do not enable the ordering of products accurately reflecting their characteristics such as color and size. Where applicable, we will collect payment for your product order when it placed. Order refunds will be processed if the product ordered is not in stock or can’t be supplied. If a supplier makes a refund of amounts paid by you to TravaLab, we will reroute the refund to you.
Third Party Prescription Fulfillment
Through TravaLab, prescription medication might be provided. Prescriptions provided will be private prescriptions unless otherwise stated during consultation by the GP. A private prescription will incur the cost of the medicine(s) prescribed. This price is set by the pharmacy and is independent of any charges set by Travalab.
The patient is under no obligation to purchase their medicine from any particular pharmacy. The General Medical Council registration number of all Travalab doctors, past or present, can be supplied upon request. If a patient requires a prescription for controlled substances, the patient is required to verify their ID using a valid passport or driving license with Travalab before a prescription is issued. If a valid passport or driving license cannot be provided a prescription for a controlled substance cannot be generated.
The TravaLab Platform may enable you to:
- Request that we send your prescription to a pharmacy near you for you to collect during business hours;
- Request that a prescription be sent to your home address;
- Request that one of our affiliates fulfil the prescription and deliver the prescribed medication to you;
- If you choose to have the prescription sent to your address, TravaLab will make reasonable efforts to send to your address an acceptable prescription from a recognized pharmacy;
- If you choose to have your prescription sent to a pharmacy that is near you, we will make reasonable attempts to contact that pharmacy and have the prescription sent to the chosen pharmacy within an hour;
- We will use reasonable efforts to deliver the prescription to your device or to a nearby pharmacy promptly but we are not connected with and have no control over or responsibility for any individual pharmacy, their policies in relation to acceptance or otherwise of prescriptions, opening hours, cost or availability of medicines prescribed;
- There are a number of factors which may impact on which pharmacy is chosen and there can be no guarantee that a pharmacy to which the prescription is delivered (if that option is chosen) will be the nearest pharmacy;
- If, within the Platform, you choose to order your prescription medication for delivery to you, it will be dispatched by our partner dispensing chemist.
The terms of delivery are:
- We will use reasonable endeavors to procure the processing and dispatch of your prescription within 4 business days where the medication is in stock;
- Delivery fees are displayed within the App at the time of the order – please note that this does not include the cost of the medication;
- Delivery will be within the timescale selected in the App where possible;
- Medications are intended for the individual and therefore may not be returned and no refunds will be given for medications ordered once the order is placed;
- Set by our partner dispensing chemists, which includes price;
- We or our partner dispensing chemist may refuse to fulfill an order where it considers the order not to be in the best interests of the person for whom it is intended or who has ordered it or may be illegal or contrary to any regulation or guideline;
- If no one is available to take delivery of the order when delivery is first attempted, there may be a delay in delivery, and/or the recipient may have to follow the procedures of the relevant dispatch company in order to collect the order, including picking it up from a depot;
- Our partner dispensing chemists are not part of our organization and, to the extent permitted by law, we disclaim responsibility for their acts and omissions;
- If you join TravaLab via a special offer with one of our partners, prescription delivery fees may apply. These fees are governed by the partner’s terms and conditions.
9. Service Limitations
- We do not guarantee the availability of any particular Practitioner or Technician at any particular time. We will do what we can to arrange a consultation with a Practitioner as soon as possible, but do not guarantee to offer consultations within a particular time. Consultations generally are limited to 10-minute durations (with general practitioners and nurses) and 20 minutes (with specialist clinicians).
- If you choose to submit details about your symptoms in the App, the information returned is on the basis of general healthcare information and not as personalized health advice for you. It is important to read the FAQs prior to using the App so that you can assess whether it is suitable to use the services based on your symptoms. Where the information returned recommends that you seek further medical advice, you acknowledge that you are responsible for seeking such advice from your GP or other medical professional.
- Practitioners may hold different clinical opinions on the same medical condition or symptoms and provided these opinions are reasonably held, the fact that two or more Practitioners give different opinions in the course of service provision does not necessarily indicate that our services are defective.
- We do not tolerate abuse or offensive behavior towards Practitioners.
- We may need to ask you for certain personal information in order to provide our services. If you do not provide this information when requested, we may be unable to provide our services.
- The App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App meet your requirements.
- We may suspend your access to services or terminate your account with us if your use of services breaches any of these Terms.
- We may not be able to provide our services if they are affected by events outside of our control. If this occurs, we will notify you as soon as we can and take the steps that we reasonably can to minimize the interruption of our services.
- If there is the risk of a delay of more than two weeks to service performance, you may cancel your agreement with us (and we may do the same).
10. Legal Agreement and Limitation of Liability
As these Terms are part of a binding legal agreement, we must compensate you for loss if our service is incongruous with these Terms. It’s important to note that TravaLab doesn’t compensate all losses:
- If we break any of these terms and you suffer loss or damage, we are responsible for compensating you for that loss or damage if it was a foreseeable result of our breaking these Terms;
- We are not responsible for compensating you for loss or damage that is not a foreseeable result of breaking these Terms;
- We will not be liable for any loss or damage resulting from defective digital content where you have failed to follow our use instructions or advice in these Terms;
- We supply the services for private personal use and we are not responsible for any losses you suffer arising out of the use of the services which are business losses;
- In no event shall TravaLab aggregate liability exceed the fees actually paid by you to TravaLab in the three (3) month period immediately preceding the event giving rise to a claim;
- In no event shall TravaLab and/or its licensors be liable to anyone for any indirect, punitive, special, exemplary incidental, consequential or other damages of any type or kind including personal injury, death, loss of data, revenue, profits, reputation, use or other economic advantage;
- The Service connects you to technicians and practices for the purposes of facilitating healthcare services. TravaLab does assess the ability, suitability, and legality of any technician but does not hold liability for arising claims or damages and you expressly waive and release TravaLab from any and all liability;
- The quality of the technician scheduled through the use of the Service is entirely the responsibility of the third party/independently contracted technician who ultimately provides the healthcare services to you;
- You understand that by using these Services, you may be exposed to situations that are potentially harmful, unsafe or otherwise objectionable, and that you use the service at your own risk;
- We design our services, the App and the Website to keep your personal health data secure and it is important that you follow the use instructions in these terms in order to keep your data safe. We are not liable for loss or unauthorized access to your data as a result of not adhering to our Terms.
11. Additional Terms
- We may transfer its rights and obligations under these terms to another organization, but we will always notify you in writing if this happens, and this will not affect your rights under these terms;
- As our services are personalized, you may only transfer your rights or your obligations under these terms to another person if we agree;
- The agreement for our services is between you and us, and no-one else. Only you can enforce that agreement.
- Text Messaging
By using the Services or Platform, you agree that TravaLab and those acting on its behalf may send you text (SMS) messages at the phone number you provided us. These messages may include operational messages about your use of the Services. You may opt-out of receiving all text messages from TravaLab at any time by deactivating your account or sending an email to firstname.lastname@example.org indicating that you no longer wish to receive any text messages, along with the phone number of the mobile device receiving the messages. If you change or deactivate the phone number you provided to TravaLab, you must update your account information to help prevent us from inadvertently communicating with anyone who acquires your old number. Standard data and message rates may apply for SMS and MMS alerts, whether you send or receive such messages. Please contact your mobile phone carrier for details.
- Push Notifications
When you install TravaLab’s App on your mobile device, you agree to receive push notifications, which are messages an app sends you on your mobile device even when the app is not on. You can turn off notifications by visiting your mobile device’s “settings” page.
You agree that we may send you emails concerning our products and services, as well as those of third parties.
You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms in whole or in part at any time to any entity without your notice or consent. Any purported assignment by you in violation of this section shall be void.
14. Termination and Violations of Agreement
These Terms are effective until terminated by you or TravaLab as described below. Your rights under these Terms will terminate automatically without notice from TravaLab if you fail to comply with any of these Terms (including by violating any license restriction contained in these Terms). In addition, TravaLab may in its sole discretion terminate your user account on the Service or suspend or terminate your access to the Service at any time without notice. We also reserve the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service) without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service. You may terminate these Terms at any time by closing your account, uninstalling the App, and ceasing use of the Service.
15. Dispute Resolution
In the interest of resolving disputes between you and TravaLab in the most efficient and cost effective manner, you and TravaLab agree that every dispute arising in connection with these Terms, Sites, and/or other content will be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms.
You acknowledge and agree that, by entering into these Terms, you and TravaLab are each waiving the right to a trial by jury. You further acknowledge and agree that you waive your right to participate as a plaintiff or class member in any purported class action or representative proceeding.
Despite the provisions of the paragraph directly above, we both agree that nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either of us to:
a. Bring an individual action in small claims court;
b. Pursue an enforcement action through the applicable federal, state, or local agency if that action is available;
c. Seek injunctive relief in a court of law; or
d. To file suit in a court of law to address an intellectual property infringement claim.
15.2. Arbitration Rules
Any arbitration between you and TravaLab will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting TravaLab at email@example.com
15.3. Arbitration Process
A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail, or if we do not have a physical address on file for you, by electronic mail (“Notice”).
TravaLab’s address for Notice is:
4400 Horner St.
P.O Box M15
Union City, CA 94587
The Notice must:
* Describe the nature and basis of the claim or dispute; and
* Set forth the specific relief sought (“Demand”)
We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or TravaLab may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or TravaLab must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.
If our dispute is finally resolved through arbitration in your favor, TravaLab will pay you the highest of the following:
* The amount awarded by the arbitrator, if any;
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.
If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse TravaLab for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.
If TravaLab makes any future change to this arbitration provision, you may reject the change by sending us written notice within 30 days of the change to TravaLab’s address for Notice, in which case your account with TravaLab will be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject, will survive.
16. Modifications to Terms
We may change this Agreement from time to time and without prior notice. If we make a change to this Agreement, it will be effective as soon as we post it, and the most current version of this Agreement will always be posted under the “Terms and Conditions” tab (“Updated Terms”). If we make a material change to the Agreement, we may notify you. You agree that you will review this Agreement periodically. By continuing to access and/or use the Sites after we post Updated Terms, you agree to be bound by the Updated Terms, and if you do not agree to the Updated Terms, you will stop using the Sites. This Agreement will govern any disputes arising before the effective date of the Updated Terms.
Disputes arising under these Terms will be resolved in accordance with the version of the Terms in place at the time the dispute arose. We encourage you to review these Terms frequently to stay informed of the latest modifications.
You acknowledge and agree that when using the App, you may have direct or indirect access or exposure to TravaLab’s patient and technician confidential information (“Confidential Information”). Confidential Information includes TravaLab’s data, user information, delivery recipient information, delivery provider information, package information, business, financial, technical, operational and such other nonpublic information (whether disclosed in writing or verbally) that TravaLab designates as being proprietary or confidential or that you should reasonably know to treat as confidential.
You acknowledge and agree that: (a) all Confidential Information shall remain the exclusive property of TravaLab; (b) you shall not use Confidential Information for any purpose except in furtherance of your use of the App and Site; (c) you shall not disclose Confidential Information to any third party; and (d) you shall not store or keep Confidential Information and shall return or destroy (with confirmation of destruction) all Confidential Information upon the termination of your use of the App or at the request of TravaLab.
Notwithstanding the foregoing, Confidential Information shall not include any information to the extent it: (a) is or becomes part of the public domain through no action or omission by you; (b) was possessed by you prior to your use of the App and/or Sites without an obligation of confidentiality; or (c) is disclosed to you by a third party having no obligation of confidentiality with respect thereto.
These Terms are governed by the laws of the State of California without regard to conflict of law principles. If a lawsuit or court proceeding is permitted under these Terms, you and TravaLab agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within San Francisco County, California for the purpose of litigating any dispute. We operate the Service from our offices in California, and we make no representation that materials included in the Service are appropriate or available for use in other locations. No joint venture, partnership, employment, or agency relationship exists between you, TravaLab or any third-party provider as a result of the Terms or use of the Service.
If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The failure of TravaLab to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by TravaLab in writing.
This Agreement comprises the entire agreement between you and TravaLab and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained in these Terms.
19. Notice to California Residents
If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.