Terms and Conditions
Last Updated: March 04, 2021
Thank you for your interest in LetsGetChecked (“LetsGetChecked” or the “Company” or “we” or “us” or “our”), and our Products and Services. These Terms and Conditions (“Terms”) govern your access to and use of www.letsgetchecked.com, its subdomains, and any other online websites that link to these Terms (collectively, the “Websites”), your access to and use of our mobile applications, your purchase and use of Products and related services, your access and use of Virtual Health Services, and any other content, functionality, or service offered and provided to you (altogether referred to as our “Services”).
Please read these Terms carefully. By accessing our using any of our Services, you represent that you are 18 years of age or older, and that you have read and understand and agree to be bound by these Terms and our other policies referenced in these Terms.
Changes to the Terms. We may revise these Terms from time to time, for example, to reflect changes in our Services, the needs of our customers, our business plans, or changes in applicable law. Any material changes to these Terms will be in effect as of the “Last Update” date referenced above. You should review these Terms from time to time, including prior to using our Services. If we make a material change to the Terms impacting your use of our Services, we will try to provide you with reasonable notice. If you do not agree to a change, you may close your Account (if you have one) and/or stop accessing or using our Services. Your continued use of our Services after the "Last Updated" date (or after we try to notify you of material changes) will constitute your acceptance of and agreement to such changes.
ARBITRATION NOTICE: These Terms contain a binding arbitration provision. You agree that all Disputes between you and the Company, except as otherwise described in Section 21 (Arbitration Agreement), will be resolved by mandatory binding arbitration and you waive any right to participate in a class action lawsuit or class-wide arbitration.
IF YOU DO NOT AGREE WITH ALL OF THE TERMS, YOU MAY NOT USE OR ACCESS OUR SERVICES.
Defined terms have the meaning given to them in Section 29 (Definitions) or as otherwise defined in the Terms.
1. Who We Are and What We Provide to You
LetsGetChecked Inc. is a Delaware corporation assigned number SR 20150809693, with a registered office at 100 Beach Drive, Florida, St Petersburg FL 33701-3968. LetsGetChecked Inc. is a registered business name of the Company, registered number #G15000103268. You can contact us here.
The Service provides you with access to healthcare providers who are employed or contracted by one or more of the following Physician Groups: Mammoth Health, PLLC, a Florida professional limited liability company, Mammoth Medical, PC, a New Jersey Professional Corporation, Ajax Medical, PLLC, a New York professional limited liability company and Mordkin Medical, PC, a California professional corporation (collectively, the “Physician Groups”). In addition, the Service provides you with access to laboratory services and prescription fulfillment services offered by certain mail-order pharmacies. By accepting this Agreement, you acknowledge and agree that any services you receive from any lab, pharmacy and Physician Group through the Website or mobile application are also subject to these Terms.
LetsGetChecked Inc. does not practice medicine, and does not control or interfere with the practice of medicine by the employed or contracted healthcare providers of the Physician Groups, as these are licensed professionals who are solely responsible for any medical care and treatment provided to you as part of a Virtual Care Service. LetsGetChecked Inc. makes no representations or warranties about the accuracy, timeliness, or quality of the Virtual Care Services provided by the Physician Groups (or any of its providers) to you, and you acknowledge and agree that LetsGetChecked Inc. is not a healthcare provider and does not have a patient-provider relationship with you. THE SERVICES PROVIDED BY LETSGETCHECKED INC. (NOT THE PHYSICIAN GROUPS) DO NOT CONSTITUTE MEDICAL ADVICE AND YOU SHOULD ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER LICENSED HEALTHCARE PROFESSIONAL WITH ANY QUESTIONS YOU MAY HAVE REGARDING ANY INFORMATION OR STATUS OF YOUR HEALTH. YOU ACKNOWLEDGE AND AGREE THAT LETSGETCHECKED INC. SIMPLY PROVIDES A TECHNOLOGY PLATFORM TO FACILITATE YOUR ACCESS TO AND RECEIPT OF MEDICAL CARE FROM YOUR MEDICAL PROVIDER, WHICH MAY INCLUDE THE PHYSICIAN GROUPS. LETSGETCHECKED INC. IS NOT RESPONSIBLE FOR THE ACTIONS, OMISSIONS, ADVICE, OR SERVICES OF ANY MEDICAL PROVIDER AND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AND SHALL HAVE NO LIABILITY OR RESPONSIBILITY IN CONNECTION WITH ANY HEALTHCARE SERVICES, MEDICAL ADVICE, PRESCRIPTIONS OR MEDICATION RECOMMENDATIONS DELIVERED BY A MEDICAL PROVIDER THROUGH OUR SERVICES.
This Section 1 will survive the termination of these Terms.
3. Your Account
If you set up an Account with us, you agree to provide contact details that can be used to contact you in relation to your use of our Services. It is important that the details you provide us with are correct, accurate and complete and that you promptly update your Account as necessary. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED TO YOU AS A RESULT OF A FAILURE OR OMISSION BY YOU TO PROVIDE ACCURATE AND SUITABLE CONTACT DETAILS, OR ANY OTHER INFORMATION THAT IS USED IN CONNECTION WITH THE SERVICE, INCLUDING ANY HEALTHCARE DATA PROVIDED BY YOU TO ASSIST A PHYSICIAN GROUP DELIVER A VIRTUAL CARE SERVICE.
By signing up for an Account and using our Services, you acknowledge that the transmission of data over the internet can never be completely secure and you accept the risk that others may be able to read or intercept any information, text, graphics you submit or send to or through our Services. This includes transmissions that are identified as secure or encrypted and may include health-related information including communications with the Physician Group.
4. Your Representations
By signing up for an Account and accessing our Services, you confirm:
that you are 18 years of age or older;
that you are a resident of the United States of America and you are accessing our Services from the United States of America;
that you are using our Services in your own name and not on behalf of anyone else;
that you will not allow any other person to use our Services under your name, nor will you use our Services while pretending you are someone else, or otherwise seek to disguise your identity;
that you are only using our Services for your own benefit and not for the purposes of providing our Services to others; and
that none the information you have provided through our Services any information that is untrue, inaccurate, non-current or incomplete to the best of your knowledge.
5. Intellectual Property Rights
LetsGetChecked and its affiliates are the owners or the licensees of all Intellectual Property Rights in our Services, including without limitation, the text, graphics, user interfaces, visual interfaces, illustrations, photographs, trademarks, logos and computer code, software, the design, structure, arrangement, selection, coordination, expression, and 'look and feel' of our Services, as well as the features, functionality and the material published on our Services (except where content is specifically identified as third-party content) (together, "Our Content"). All of these rights are protected by copyright and other applicable intellectual property and other laws around the world. All such rights are reserved to the relevant owner or licensee of those works. Your use our Services and Our Content does not grant you any rights in relation to Our Content other than as set out in the next paragraph. Other than as expressly permitted below, you must obtain our prior written permission prior to using any of Our Content each time you want to use it.
Subject to your compliance with the Terms and all applicable international, federal, state and local laws, rules, and regulations, we grant you a limited, revocable, non-exclusive, non-transferrable, non-sublicensable right and license to use our Services and Our Content solely to access and use our Services for your personal, non-commercial use only and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use (referred to as a “Limited License”). In connection with the Limited License we grant you, you may use Our Content as follows:
You may print or download a copy of the Services webpages or other informational pages for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement as applicable for such applications.
You must always acknowledge our status (and that of any identified contributors) as the authors of Our Content on our Services
You further agree that you will not:
Attempt to copy or modify any ideas, features, functions, graphics, or any of Our Content in our Services
Alter, reproduce, sell, disseminate, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit Our Content on our Services or any rights in connection therewith
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
Attempt to translate, disassemble, decompile, reverse assemble, reverse engineer all or any part of the Services or otherwise attempt to derive the source code for Our Content.
Any use of our Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. If you breach these Terms, we reserve the right to immediately terminate your right to use our Services and your Account. We reserve the right to investigate any suspected or actual improper, illegal, or unauthorized use of Our Content or our Services and we reserve the right to take appropriate legal action.
6. Restrictions on Your Use of Our Services; Your Compliance with Applicable Laws
While accessing and using our Services, you agree that you will only use our Services in a lawful manner and will not use our Services for any use other than the business purpose for which it was intended. You will not, and will not permit any third party to, take any of the following actions with respect to our Services or the server hosting our Services nor will you use our Services to upload, post, email, distribute, transmit, link, solicit or otherwise make available any content or use our Services in any manner that: (i) decompiles, uses reverse engineering, disassembles, derives the source code of or decrypts our Services or servers hosting our Services; (ii) uses any robot, spider, scraper or other automatic or manual means to access our Services or copies any content or information on our Services; (iii) removes, obscures, or alters any proprietary notices (including any notice of copyright or trademark) of us or our affiliates, partners, suppliers or our licensors; (iv) modifies, adapts, improves, enhances or makes any derivative work from our Services; (v) infringes the copyright, trademark or any proprietary rights; (vi) compiles, uses, downloads or otherwise copies our Services or any user information or any portion thereof, or transmits, provides or otherwise distributes (whether or not for a fee) our Services or such information to any third party; (vii) is fraudulent, malicious or unlawful, unauthorized or contains defamatory or illegal information, images, materials or descriptions; (viii) promotes or provides instructions for illegal activities; (ix) encourages any conduct that would constitute a criminal offense or that gives rise to civil liability; (x) disseminates viruses or other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware; (xi) attempts to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means; (xii) accesses systems, data or information that we do not intend to be made accessible to you; or (xiii) use meta tags or any other hidden text using our name without our written consent, link or attempt to link our Services with other sites services, or use meta tags or other devices containing any reference to us in order to direct a person to any other site our services.
7. Virtual Care Services
The Virtual Care Services involves the delivery of healthcare services using electronic communications, information technology or other means between a healthcare provider and a patient who are not in the same physical location. While the provision of medical services using telehealth may offer certain potential benefits, there are also potential risks associated with the use of telehealth. In order to use the Service, you will be required to review and agree to an informed consent regarding the use of telehealth (the “Patient Consent”) that will be provided to you by the Physician Groups and Providers through the Platform. You acknowledge and agree that LetsGetChecked Inc. is a third-party beneficiary of the Patient Consent and has the right to enforce it against you. If you see a provider while you are located in California, please be advised that medical doctors are licensed and regulated by the Medical Board of California (800-633-2322; www.mbc.ca.gov).
8. Specific Terms Relating to Lab Services and Products
You may have the ability to request a health test kit to access secure laboratory Testing Services, if determined by a healthcare provider to be clinically appropriate (to the extent a healthcare provider’s review is required). To access these Testing Services, you must provide necessary clinical information to assist a healthcare provider to assess whether a Testing Service is appropriate for you, if applicable, and if so, you may then purchase a Product either from our Website or from a retail location.
To use our Testing Services, you must set up an Account and register the individual Product kit to your Account using the alpha code and numerical code of the Product. To register a Product kit, go to the "Activate Test" section of the Websites, sign into your Account (or create an Account if applicable) and provide the code from the Product kit as requested.
a. Virtual Care Services with Lab Testing Orders
We will not process Orders from users whose IP address is outside, or where the user is a resident outside of, the countries and states from where we operate.
In order for us to process your Order, you must complete the Order submission process which requires you, among other things, to: (i) provide us with personal information including the delivery address for your Product and important healthcare information to enable a Medical Group-affiliated healthcare provider to assess whether the Testing Service is appropriate for you, (ii) purchase a Product that permits use of the type of Sample you are willing to provide, and (iii) confirm that we may make the Test Information, including test results available to you through your online Account.
Once the Order is placed, you will receive an email acknowledging receipt of the Order. At this time, we will collect the purchase price and applicable taxes, and shipping costs from your selected payment method accepted by us. You should review the Order Confirmation and notify us of any mistake immediately, as no refunds will be issued once your Order is processed other than in accordance with the Cancellation Right detailed below.
As noted above, all Orders are subject to review by a physician prior to testing, and we are under no obligation to accept or process an Order, whether confirmed or not. In the event that a confirmed Order is not accepted, a refund will be issued for any paid fees.
All Products and Testing Services are subject to availability. We reserve the right to notify you at any time before delivery of the unavailability of the Product. (You can then cancel the Order if you elect and we will refund you all money paid in full.)
b. Using our Testing Services
In order to use our Testing Services, you must set up an Account and register the Product to your Account in accordance with Section 3 (Your Account) of these Terms. You will not be able to access Test Information otherwise.
Due to the nature of the tests being performed, we cannot and do not warrant that the tests performed or Test Information provided as part of the Testing Services will be entirely or 100% accurate. For example, sexually transmitted diseases and/or infections, may remain undetectable for several months due to varying Incubation Periods (defined below). As such, repeat testing may be required. If you are unsure or if you require any further information, you agree to contact us or a licensed healthcare professional for further information.
You acknowledge any Test Information does not constitute a definitive result. “Low”, “Normal”, or “High” readings do not constitute a definitive diagnoses and further testing will be required from your physician or other licensed healthcare professional. For example, a person with an elevated PSA reading may not have prostate cancer or other form of prostatic disease. A person with a normal PSA reading may have prostate cancer or other form of prostatic disease. Abnormal or elevated PSA test results require further testing from a physician or other licensed healthcare professional. Further, if test results are normal, but symptoms remain you should be examined by your physician or other licensed healthcare professional.
Any failure to comply with your obligations as outlined in this section, particularly with regard to re-testing is entirely your responsibility.
You acknowledge and agree:
to take note of the Incubation Periods, information in relation to which is included on the Site. “Incubation Period” means the period of time, from an exposure to an infection to the time an infection becomes detectable within a person's body. Different infections have different Incubation Periods and can take several months or more to become detectable. For example, the HIV virus can take up to 90 days to become detectable, while other viruses such as Hepatitis B and Hepatitis C can take from 180 days to become detectable. NOTE THAT AT THIS TIME THE INCUBATION PERIOD FOR THE 2019 NOVEL CORONAVIRUS IS CURRENTLY BELIEVED TO BE 14 DAYS, BUT COULD BE LONGER. IF YOU HAVE BEEN EXPOSED TO SOMEONE WITH THE CORONAVIRUS OR IF YOU HAVE ANY SYMPTOMS CONSISTENT WITH THE CORONAVIRUS, YOU SHOULD NOT BE IN CONTACT WITH OTHERS AND SHOULD SELF QUARANTINE AND STAY AT HOME FOR THE DURATION OF THE INCUBATION PERIOD REGARDLESS OF ANY TEST INFORMATION YOU RECEIVE. Incubation Periods can vary for everyone and it is recommended to retest:
if you tested before the relevant Incubation Period has passed (from the time of potential exposure);
if you suspect that the infection has subsequently developed; or
if you have been potentially exposed to any relevant infection in the meantime.
to comply fully with all instructions included with the Product and to return the Sample in the Product within the time set forth in the Product instructions.
FOR THE COVID-19 PCR TEST KITS, AS WITH ALL SCREENING TESTS, IN A CERTAIN NUMBER OF CASES THERE CAN BE INCIDENCES OF FALSE-POSITIVE AND FALSE-NEGATIVE RESULTS. YOU ACKNOWLEDGE THAT THE COVID-19 PCR TEST KIT MAY NOT BE EFFECTIVE FOR MUTATIONS OF THE VIRUS.
to provide us with such information or evidence of identity as we may be required to obtain from you by applicable law from time to time;
to disclose to us honestly and to the best of your knowledge any information that may affect or impact the test result;
that for certain Tests the laboratories or physicians utilized by LetsGetChecked may have reporting obligations to government agencies with regards to positive, reactive or detected results which will be reported.
to use the Websites, the Products and the Testing Services only for lawful purposes and in accordance with these Terms and you further agree not to induce fear, harass or be abusive to any of our staff, or the staff of our Accredited Laboratory;
not to use the Products and/or the Testing Services for resale or in any way that breaches any applicable local, national or international law or regulation; and
that when you submit an Order for the Testing Services through the Websites, including acquiring one or more Products through the Websites, that you have selected the Products. Notwithstanding any descriptions of any Testing Services or recommendations from the Websites or any of our staff, you acknowledge that you have not relied upon any advice from us in terms of Product suitability or other medical issues.
c. Submitting the Sample
When submitting a Sample, you must fill and return the collection device in accordance with the instructions provided with the Product. If you do not provide an adequate Sample, utilize the Product in a manner that is contraindicated or not consistent with any instructions, or do not return the Sample within the instructed timeframe, we may not be able to provide you with the Test Results. Further, failure to return the Sample within the timeframe set forth in the Product instructions may result in inaccurate and unreliable readings of the Sample.
d. Test Information
You will be sent an email notifying you when Test Information has been made available to your Account. If your Test Information is negative or nonreactive, please refer to Section 8(c) (Submitting the Sample) and the relevant Incubation Periods for your Test. Further, if the Test is normal but you still exhibit symptoms, you should make an appointment with your physician or licensed healthcare professional.
If you have a positive, reactive or detected result for any of our Tests, you will need a further confirmatory/diagnostic test from a physician or licensed healthcare professional.
The Testing Services may include, with respect to a user whose Test Information indicates a positive, reactive, detected or elevated Test Result, receiving a phone call from one of our staff in order to provide relevant information and to recommend or discuss any follow-up with a licensed healthcare provider who can offer support to the user.
If you have concerns with the Test Information you should consult with your physician or another licensed healthcare professional or contact a member of our team who will be able to direct you to other sources of support within the scope of the Testing Services. If you purchase Products and Testing Services and receive Test Information during an Incubation Period that is relevant to you, irrespective of the Test Information, you agree to retest either through us or through your physician or other licensed medical practitioner once the Incubation Period has passed.
The Product is normally dispatched within two business days of Order Confirmation to the delivery address you provide during the Order submission process, but actual delivery times may vary. We may be unable to change the delivery address after the Order Confirmation.
Delivery dates advised by us in an Order Confirmation (consisting of a delivery date for the Product and a date for the provision of the Test Information) are approximate and we will not be liable for any loss or damage due to our failure to meet scheduled delivery dates or for failure to give notice of delay. Time for delivery shall not be of the essence. A Product may be shipped by us to the agreed delivery address in advance of any scheduled delivery date.
Risk of loss in a Product passes to you upon delivery of the Product to the agreed delivery address.
If you receive the wrong Products, damaged/faulty Products, or if certain items are absent from the Product, then please contact us within seven (7) days of receipt of the Product the following information: the Alpha code, Numerical code and Order ID (or description of the Product), and description of the missing or faulty item(s). Upon receipt of such notice we will arrange for a replacement Product to be sent to you as soon as possible.
Unless otherwise required by State law, in which case such State requirements shall apply, you have the right to cancel the contract for the purchase of the Product within fourteen (14) days of delivery of the Product to you. For health protection reasons, no cancellations of COVID-19 test kits can be accepted after the COVID-19 test kit has shipped and the Product should not be returned. To exercise the right to cancel, you must inform us of your decision to cancel in writing (e.g. a letter sent by contacting us). You must then promptly return the Product to us within fourteen (14) days from notifying us of your decision to cancel, at your own cost.
If you exercise your cancellation right this section, we will reimburse to you all payments received from you less the cost of the kit(s) and shipping fees, without undue delay and, in any event, not later than fourteen (14) days from the date on which we receive the returned Product from you, or the date you provide us with evidence of having sent the Product back to us, whichever is earlier. In the event that you cancel your Order prior to the test kit being shipped you will be eligible to receive a full refund. We will reimburse you using the same means of payment as you used for the initial payment, unless you have expressly agreed otherwise. We will not charge you any fees in connection with the reimbursement. You will bear the direct cost of returning the product.
The right to cancel an Order does not apply to Products that have been opened and the seal on the kit broken, as these Products are not suitable for return for health protection reasons.
g. Subscribe and Save
Subscribe & Save involves subscribing to a single eligible test kit type over your chosen frequency. By purchasing a subscription, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Your subscription will continue and your payment method will be automatically charged for each successive subscription period at the then-current advertised percentage discount of the current market price for that test kit. Your credit card will be charged on the date stated on the Subscriptions page of your account for the applicable subscription period. We will charge the credit card you used when you created your renewal subscription or as otherwise directed by you. We may submit periodic charges (e.g. at the chosen subscription frequency) until you provide prior notice of cancelation or wish to change your payment method. Such notice will not affect charges before we could reasonably act.
When purchasing a subscription, if you choose to add express shipping, it will only apply to the first order. All future orders in your subscription will be sent by standard shipping at no cost.
To cancel your subscription, you may (i) logon to your Account and follow the cancellation procedures there, (ii) contact us and we will do it for you, or (iii) call our customer support line at (929) 376-0056 and speak with one of our customer care specialists who can help you cancel. Please note that standard call rates may apply. If you decide to cancel, we recommend you do so at least 24 hours prior to the scheduled subscription payment date as subscriptions may be canceled without charge as long as we receive your cancelation prior to the scheduled subscription payment being processed. This is subject to change, but we will let you know if there is a change in our cancellation policy as described in Section XX (Cancellation Rights) above. You can manage your subscription, including payment details and cancelation, by logging into your Account under the Subscriptions page.
We reserve the right to adjust the pricing for the test kits in any manner and at any time. LetsGetChecked will provide you with two (2) weeks’ notice via e-mail of a pricing change. If your billing date for a subscription period falls before the pricing change takes place, you will be charged the prior rate for that subscription period, if your billing date falls outside the two-week notice period, you will be charged the new price. We will set a date for this price to change, and it will depend on when your billing takes place, whether you get charged the current or new price for your next kit, but all future kits will be affected.
If your payment is declined, we will place your subscription on hold for seven (7) days. We will be notified when the payment fails, and we or our vendor will attempt to process payment again in seven (7) days. If the second attempt on the seventh day fails, your subscription will be cancelled. If a payment is declined and you do not wish to wait seven days for re-processing, you may choose to update your payment information on your account and complete payment from your account. Cancellation due to failed payments does not incur any extra charges. 16.7 We reserve the right to adjust these Subscription Terms in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any changes to your subscription Plans will take effect following 30 days’ notice to you via the e-mail you provided at the time you enrolled in the Subscribe & Save plan.
9. Specific Terms Related to Virtual Care Services Involving Medications
Certain Products require a valid prescription by a licensed healthcare provider. If a healthcare provider as part of a Virtual Care Service determines that a prescription product is appropriate for you and writes a prescription, this prescription may be filled through the third-party mail order pharmacy arranged for by Company for your convenience. (You may also fill the prescription at any pharmacy of your choice by emailing your request to email@example.com.)
If you complete a consultation with a healthcare provider and fill a prescription through the pharmacy accessible through the Service, the prescription product will be shipped to you by the pharmacy, and the shipping and medication costs will be included in the total amount charged to you. However, if you fill a prescription with a local pharmacy, you will be responsible for working with the local pharmacy to coordinate the prescription’s fulfilment and retrieval, and you will pay the local pharmacy for any medication costs.
10. Reviews and Feedback
If you choose to submit a review of your experience with our Service that describes your personal experience of using our Services and can be about what you liked or disliked about our Services (a "Review"). You acknowledge that you will not receive any compensation, monetary or otherwise, for the submission of a Review.
Your Review, if published, will be publicly available and viewable to anyone. We encourage you to refrain from including any personal or other information, such as your health information, that you may want to keep private and confidential in your review as such information may become viewable by the public.
We may reject and not post your Review for any reason including, for example, if it contains any of the following types of material or breaches of other terms or policies made known to you, including, without limitation, Section 6 (Restrictions on Your Use of Our Services; You Compliance with Applicable Laws) above:
Language that, in our discretion, is not suitable for a public forum;
advertisements, 'spam' content, or references to other products, offers or websites;
email addresses, links to other websites, or contact information relating to other persons (which includes commercial entities); or
hateful, discriminatory, or critical comments about other users or their Reviews.
In addition, if you wish to share feedback with us about customer service issues or provide suggestions relating to our Services ("Feedback"), please do not submit this Feedback through the review mechanism. Instead, please contact us directly.
11. Availability and Access to Our Services
Access to our Services, including our Virtual Health Services or Testing Services, is permitted on a temporary basis. We may, temporarily or permanently, limit, suspend, or cancel your use or access to our Services or any part of it, at any time in our sole discretion, including if we determine that you have or are about to violate the Terms.
If you wish to make any use of our Services or Our Content other than as expressly permitted in these Terms, please contact us at the following email address: firstname.lastname@example.org. Such permission will be at the sole discretion of LetsGetChecked.
You are responsible for making all arrangements necessary for you to have access or use of our Services and for ensuring that your device and computer software meet the minimum specifications and is configured correctly. You should use your own virus protection and firewall software.
12. Payment and Billing
Unless as otherwise described in these Terms, all prices listed through our Services and otherwise on our websites exclude all sales taxes, fees, use taxes, charges, duties, levies, and other similar governmental charges imposed on the provision of the product or service. All such governmental charges shall be borne solely by and paid by you. You acknowledge and agree that it is your responsibility to ensure payment for all paid aspects of our Services and to ensure that your payment instruments can be accepted by LetsGetChecked and/or our payment processors, including, but not limited to, Stripe. We may suspend or terminate your use and Account in the event of any payment delinquency. Except as otherwise described in these Terms, you will not be entitled to any refund for the partial use of our Service at any time.
By providing a credit card or other payment method accepted by us, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your Order. If the payment method you provide cannot be verified, is invalid, or is otherwise not acceptable, your Order may be suspended or cancelled until you are able to resolve the payment issue.
In the case of a Product that involves delivery, such as the Testing Services, the price includes standard delivery of the Product to you, and in the case of Lab Testing, it also includes return of the Product to the address provided by you.
Special Note on Subscription Products:
Certain Products available for purchase through the Service require that you purchase the product on a subscription basis. For subscription-based products, your payment device will be automatically charged at regular intervals as described for that product during the checkout process. You may cancel a subscription at any time up to forty-eight (48) hours before the applicable monthly processing date of your subscription by emailing email@example.com.
To simplify your experience during the checkout process, there may only be a “total” subscription price that is viewable to you. If a subscription Product you purchase required a consultation with a healthcare provider through a Medical Group, then the total price you pay includes the amount charged by (a) the third-party pharmacy for the prescription drug or the Testing Service, (b) the amount charged by the Medical Group for the services of the healthcare provider, and (c) the costs to operate the Website and mobile application, including the fees to process payments. The amounts collected as part of (a) and (b) are collected for your convenience and we pass the applicable amounts through to the appropriate parties.
13. Termination of Your Account
You may terminate your agreement to these Terms by closing your Account at any time for any reason. In such event, we shall have no further obligation or liability to you under these Terms or otherwise. We may, in our sole discretion, suspend or terminate your Account, without notice, if you breach the Terms or any terms regarding payment of required fees and charges due through your use of our Services. We may, in our sole discretion, provide you with a grace period prior to termination, in the event of a breach or your failure to pay owed charges and fees, without waiving our rights hereunder to terminate immediately upon such events. We may suspend or terminate your Account if we determine, in our sole discretion, that such action is desirable for any reason, or advisable to comply with applicable legal requirements, or to protect the rights or interests of LetsGetChecked or any third party. Under no circumstances will you be entitled to compensation or a refund for any interruption, suspension, or termination, and you acknowledge that we will have no liability to you in connection with any interruption, suspension, or termination.
Upon termination of your Account, all licenses granted by us to you to use our Services will automatically terminate. You are responsible for exporting all Account data upon termination of your Account.
14. Disclaimers and No Warranties
THE SERVICES AND ALL OUR CONTENT ON OR AVAILABLE THROUGH OUR SERVICES ARE PROVIDED TO YOU ON AN "AS-IS," "AS-AVAILABLE" BASIS AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF OUR SERVICES, OUR CONTENT, INFORMATION, OPINIONS, OR MATERIALS AVAILABLE THROUGH OUR SERVICES. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION YOU OBTAIN FROM OUR SERVICES BEFORE RELYING ON IT. USE OF OUR SERVICES IS AT YOUR SOLE RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT USE OF OUR SERVICES OR OUR CONTENT PROVIDED THROUGH OUR SERVICES WILL BE UNINTERRUPTED, SECURE, VIRUS-FREE, OR ERROR-FREE. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 15(Limitations on Liability) BELOW, YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF OUR SERVICES SHALL BE TO DISCONTINUE USING OUR SERVICES. YOU AGREE AND ACKNOWLEDGE THAT THE PHYSICIAN GROUPS ARE INDEPENDENT THIRD PARTIES, THAT ITS SERVICES ARE UNRELATED TO LETSGETCHECKED INC., AND WE ARE NOT LIABLE FOR ANY ACTIONS, OMISSIONS, NEGLIGENCE OR MALPRACTICE OF PHYSICIAN GROUPS.
This Section 14(Disclaimers and No Warranties) will survive any termination of these Terms
15. Limitations on Liability
YOU UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR SPECIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF OUR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY MATERIALS, SERVICES, OR OUR CONTENT WE HAVE PROVIDED TO YOU ON OR THROUGH OUR SERVICES, WHETHER OR NOT YOU HAVE PURCHASED OR PROVIDED ANY CONSIDERATION FOR SUCH, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO: (A) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF OUR SERVICES AND/OR OUR CONTENT, OR PRODUCTS; (B) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (C) ANY DAMAGE TO YOUR OR ANY OTHER USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY; (D) RELIANCE BY ANY PARTY ON ANY INFORMATION OR ADVICE OBTAINED THROUGH USE OF OUR SERVICES OR OUR CONTENT OR OUR PRODUCTS; OR (E) WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO OUR SERVICES, OR RELATED INFORMATION OR PROGRAMS, THAT ARISE IN CONNECTION WITH: (1) MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM YOU; (2) INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO OUR SERVICES; OR (3) VIRUSES. WE SHALL NOT BE IN BREACH OF ANY PROVISION OF THE TERMS CAUSED BY YOUR FAILURE TO OBSERVE ANY OF YOUR OBLIGATIONS OR UNDERTAKINGS CONTAINED WITHIN THE TERMS.
OUR TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES WILL BE LIMITED TO THE AMOUNT YOU HAVE PAID FOR THE USE OF OUR SERVICES UNDER WHICH LIABILITY AROSE, IF ANY, AND IF YOU HAVE PAID NO AMOUNT, THEN TEN UNITED STATES DOLLARS ($10.00). YOU ALSO ACKNOWLEDGE AND AGREE THAT YOU HAVE VIEWED OR USED OUR SERVICES WITH A FULL UNDERSTANDING OF THE LIMITATION OF OUR LIABILITY IN THE TERMS.
BY ACCESSING AND USING OUR SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR THE RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASE PARTY."
Some jurisdictions do not allow exclusions of liability for certain types of damages. Accordingly, some of the above limitations may not apply to you to the extent prohibited by applicable law. In such cases, our liability will be limited to the fullest extent permitted by applicable law.
The provisions of this Section 15 (Limitation on Liability) shall survive the expiration or termination of these Terms.
16. Limitation on Time to File Claims
Except to the extent prohibited by applicable law, any cause of action or claim you may have arising out of or relating to the Terms or our Services must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action or claim is permanently barred.
17. Our Rights
You agree to indemnify, defend, and hold us and our subsidiaries, affiliates, officers, agents, employees, contractors, partners and licensors harmless from and against any and all suits, actions, losses, claims, proceedings, demands, expenses, damages, settlements, judgments, injuries, liabilities, obligations, risks, and costs, including, without limitation, reasonable attorneys' fees, due to, relating to, or arising out of: (i) your use of our Services; (ii) your violation of the Terms; (iii) any Feedback or Reviews you provide; (iv) your negligence, fraud, or willful misconduct; (v) your Account; and/or (vi) your violation of any law or regulation or any rights of another. We reserve the right, at your expense, to assume the exclusive defense and control of any matter which you are required to indemnify against, and you agree to cooperate in our defense of such matter. This indemnification will survive any termination of these Terms.
19. Links to Other Sites
We are providing these links to other Internet sites as a convenience to you, and access to any other Internet sites linked to our Services is at your own risk. We are under no obligation to maintain any link on our Services, and we may remove a link at any time in our sole discretion for any reason whatsoever. We will not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such content, products, services or other materials available on or through any such website or for any action you may take as a result of linking to any such website.
20. Governing Law and Jurisdiction
The Services are operated by us from our offices within the United States of America (“USA”). In using the Services, you are required to provide us with your location including any state or territory and, as set out in the Terms, you are liable for the provision of accurate information including location and residency information. We make no representation that the information in our Services is appropriate or available for use outside of the USA, and that you may access to our Services from territories where the contents of our Services may be illegal or prohibited. Those who choose to access our Services from outside the USA do so on their own initiative and are responsible for compliance with applicable local laws. It is a violation of these Terms for you to use our Services in violation of any applicable laws and regulations or in violation of the rules of any of our service providers or in a manner that would cause us or any other party to be in violation of such laws, regulation or rules. By using our Services, regardless of where you live or are located in the world, you consent to the Terms. Any claims relating to our Services will be governed by the laws of the State of Delaware, excluding the application of its conflicts of law rules.
21. Arbitration Agreement
Please read this Arbitration Agreement carefully because they require you to arbitrate disputes with us and limit the manner in which you can seek relief from us. By agreement to these Terms and using our Services, you understand that you would have had a right or opportunity to litigate disputes through a court, to have a judge or jury decide the case, and to participate in a class action or other proceeding involving multiple claimants, but you have instead chosen to have all disputes decided through individual arbitration instead.
You agree that any controversy or claim arising out of or relating to these Terms, or the breach thereof (the “Disputes”), shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and take place in Delaware. The judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. You agree to arbitrate solely on an individual basis, and that these Terms do not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitral tribunal may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding the tribunal's power to rule on its own jurisdiction and the validity or enforceability of the agreement to arbitrate, the tribunal has no power to rule on the validity or enforceability of the agreement to arbitrate solely on an individual basis. Notwithstanding the foregoing, either party may (i) bring claims in a Delaware state or federal court related to their intellectual property rights and/or (ii) seek equitable or injunctive relief without having to post a bond or other security and without having to prove the inadequacy of other available remedies.
22. Entire Agreement
The Terms (including any additional terms that we may provide when you through your use of our Services), are the only agreement between you and us regarding our Services and supersede all previous agreements, promises, representations, warranties and understandings between you and us regarding our Services.
23. Waiver and Severability
Failure or delay by us to enforce any of these Terms will not constitute a waiver of our rights against you and does not affect our right to require further performance thereof. If any part of the Terms becomes illegal, invalid, unenforceable, or prohibited in any respect under any applicable law or regulation, such provision or part thereof will be deemed to not form part of the contract between us. The legality, validity or enforceability of the remainder of the Terms will remain in full force and effect.
24. Notices and Electronic Communications
When you send e-mails to us or use certain features of our Services, you may be communicating with us electronically and you consent to receive communications from us electronically. We will communicate with you by e-mail at the address we have on file for you (if any), by sending you messages through our Services, or by posting notices through our Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in the Terms.
All notices required or permitted under the Terms you send to us will be in writing and sent by certified mail, return receipt requested, or by reputable oversight courier, or by hand delivery, provided that we may provide written notice to you through electronic communications as described in the paragraph immediately above. The notice address for LetsGetChecked is Unit 3, Adelphi House, George's St. Upper, Dun Laoghaire, Co. Dublin, A96 NY82, Ireland. Any notice sent in the manner sent forth above shall be deemed sufficiently given for all purposes hereunder (i) in the case of certified mail, on the second business day after deposited in the U.S. mail, and (ii) in the case of overnight courier or hand delivery, upon delivery. We may change our notice address by giving written notice to you by the means specified in this Section 24 (Notices and Electronic Communications).
We may assign the Terms or any part of them without restriction or condition. You may not assign or otherwise transfer the Terms or your rights under the Terms without our prior written consent, and any assignment in violation of this prohibition will be null and void.
26. No Fiduciary Relationship
Except to the extent set forth in a separate agreement between you and us, there is no fiduciary relationship between you and us. Neither the Terms nor your use of our Services or create any relationship of principal and agent, partnership, joint venture, or employer and employee, between you and us. You may not enter into any contract on our behalf or bind us in any way.
27. Right to Monitor
28. Contact Us
If you have any concerns about material which appears on our Portal, please contact us.
"Account" means the account held by us in your name and which holds the information submitted by you to us;
"Accredited Laboratory" means the laboratory(ies) that we may select as our testing services provider at any time; which laboratory will be CPA (clinical pathology accreditation), INAB, CLIA approved or CAP accredited. In some cases, we may use a laboratory with additional certification or accreditation as required by applicable law or regulation or at our sole discretion;
"Cancellation Right" means your right to cancel an Order placed via the Websites, as described in Section 8(f);
"Content" means any item, data, material, information, software, images, photos, advertisements, trade mark or services mark, sounds, videos, marks, expressions, views or opinions, which appear on our Services;
"Cookies Policy" means our cookies policy that is available here;
"Virtual Health Services" means the products and services we provide to you in connection with your use of the Account that facilitates your access to and communication with your medical provider and related tools such as streamlined ordering of prescriptions drugs and other products;
"Intellectual Property Rights" means for the purposes of the Terms, trademarks, service marks, trade and business names, domain names, rights in designs, patents, copyrights, database rights, moral rights and rights in know-how and other intellectual property rights in each case whether registered or unregistered and including applications for the grant of the foregoing and all rights or forms of protection having equivalent effect to any of the foregoing, which may subsist anywhere in the world;
"Order" means an offer by a user to purchase Testing Services and one or more Products from us via the Websites;
"Password" means your unique password which shall comply with the format specified by us from time to time, required to access and use your Account and our Services;
"Product" means a kit which enables you to take and store a sample of saliva, blood, urine, or stool, as appropriate for the type of kit purchased and as sold by us pursuant to the Terms;
"Sample" means a sample of saliva, blood, urine or stool, provided in accordance with the Product instructions pursuant to the Terms;
"Subscribe & Save" means a subscription service for the delivery of Products and the provision of Testing Services to you at specified intervals of time;
"Test Information" means the results from the Accredited Laboratory for the processed Sample, communicated to you by us via the Websites and our staff, as applicable;
"Testing Services" means testing the Sample that you send to the Accredited Laboratory, and providing you with the Test Information; and
"You or "your" means the user of our Services.