Terms and Conditions
Last Updated: May 30, 2018
At TravaLab, we value the privacy of individuals who use our website and mobile
we use it to facilitate services by professionals to patients. It applies to our
patients, Mobile Phlebotomists who deliver services requested by patients through our platform
and anyone who signs up to become a Mobile Phlebotomist. By using TravaLab’s site and app,
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 Mobile Phlebotomists 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 Mobile Phlebotomists can
access the Platform and receive appointment opportunities from patients.
The laboratories, practices and Mobile Phlebotomists 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 Mobile Phlebotomists are required to comply with federal, state and local laws, rules,
regulations, and standards pertaining to the preparation and procedure of requested healthcare
TravaLab does not provide delivery services. Independent contractors (the “Mobile Phlebotomist”)
deliver and provide healthcare services through use of the Platform. TravaLab provides
information and a platform to receive healthcare Mobile Phlebotomist services but does not intend
to act in any way as a Mobile Phlebotomist.
TravaLab does independently assess all representations made by Mobile Phlebotomists regarding certification,
background and skills. We guarantee that Mobile Phlebotomists independently contracted are able and
suitable to perform and deliver healthcare services but hold no responsibility or liability
for any Mobile Phlebotomist 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
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 consent to the collection, sharing and use of personal information in
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.
1. 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
we collect and how we use and share that information.
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
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
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
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:
If the services are unavailable for reasons outside our control or for technical reasons;
You do not like a proposed change to these Terms;
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 (800)-921-6933 or email us at firstname.lastname@example.org.
You may end your agreement with us:
If the services are unavailable for reasons outside our control;
If you do not pay us any charges on time;
If you do not comply with the conditions on use of services set out;
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
Request that a prescription be sent to your home address;
Request that one of our affiliates fulfil the prescription and deliver the prescribed medication
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
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 Mobile Phlebotomist 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
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 Mobile Phlebotomists and practices for the purposes of facilitating healthcare
services. TravaLab does assess the ability, suitability, and legality of any Mobile Phlebotomist 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 Mobile Phlebotomist scheduled through the use of the Service is entirely the
responsibility of the third party/independently contracted Mobile Phlebotomist 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
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
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 email@example.com 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.
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
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
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:
Bring an individual action in small claims court;
Pursue an enforcement action through the applicable federal, state, or local agency if that action is available;
Seek injunctive relief in a court of law; or
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 (800)-778-7879, or by contacting
TravaLab at firstname.lastname@example.org
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:
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:
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,
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 Mobile Phlebotomist 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.