consent

In these Terms,

Acceptance of Terms

The Service is offered subject to the acceptance of all terms and conditions contained in these Terms and all other operating rules, policies, and procedures published on the Platform, which are incorporated by reference. These Terms apply to every user of the Service. In addition, some Services offered through the Platform may be subject to additional terms and conditions adopted by the Platform.

LabTracka reserves the right, at its sole discretion, to modify or replace these Terms by posting updated terms on the Platform. It is your responsibility to check the Terms periodically for changes. Your continued use of the Service following any changes indicates your acknowledgement of such changes and agreement to be bound by the updated terms.

LabTracka reserves the right to change, suspend, or discontinue the Service at any time for any reason and may impose limits on certain features or restrict access to parts or the entire Platform without notice or liability.

Scope of LabTracka's Services

• LabTracka is a digital health platform that makes lab testing easy and convenient with at-home sample collection and digital results.

• LabTracka's Services can be accessed through its web and mobile applications.

• To access our Services, a User may be required to sign up on the Platform and create an Account by providing their name, email address, phone number, date of birth, gender, home address, and password.

• LabTracka reserves the right to request further information from you. Failure to provide such information may result in delays or denial of account creation.

Use of Services

The term ''Services'' includes the diagnostic tests/health packages provided by the Company.

• You may view and book health packages on the Platform and choose to walk into a listed laboratory or request home sample collection.

• After collection, your sample's status can be tracked on your Dashboard, and you'll receive notifications via email, SMS, or WhatsApp when your test report is ready.

• Services are non-transferable and are only available to the person who booked them.

refund policy

LabTracka does not offer refunds for Services already booked through the Platform except in certain conditions, which are at the sole discretion of LabTracka. If an error occurs during booking, LabTracka may provide a refund, subject to their review and discretion.

third-party services

You acknowledge that LabTracka may partner with third-party healthcare providers, who are independent contractors. LabTracka is not liable for any medical advice or treatment provided by third-party doctors or healthcare providers.

Medical opinions and consultation provided through the Platform do not establish a doctor-patient relationship and are for informational purposes only. Use the information provided on the Platform at your discretion, and always seek professional medical advice for direct medical diagnosis, treatment, or prescription.

Fees and Payment Terms

The User is required to pay to use any of our Services.

The Company shall endeavour to provide the User with payment facilities/gateways to pay the required fee through credit cards (Visa and MasterCard), debit cards, cash cards, and internet banking.

It is understood and agreed by the User that the Services shall only commence after the clearance of funds into the accounts of the Company.

It is understood and agreed by the User that payment mechanisms may be governed by separate/additional terms of use prescribed by the Company.

The Company reserves the right to refuse or cancel any order placed for a product/package that is listed at an incorrect price, regardless of whether the order has been confirmed and/or payment has been levied via credit card. In the event the payment has been processed by the Company, the same shall be credited to your bank account within 7-14 working days and duly notified to you by email.

Subject to the requirements of the law, LabTracka will not refund paid fees. LabTracka may, however, consider limited refund requests on a case-by-case basis.

It is understood and agreed by the User/Customer that in no event whatsoever shall the Company take any responsibility or liability for malfunctioning or defect in any payment procedure. Payment for the Service shall be the sole responsibility of the User.

The Company further reserves the right to alter any fees for its Services from time to time, without notice.

The User may be liable to pay all applicable charges, fees, duties, taxes, levies, and assessments for availing of the Services through the Platform. Further, the Company reserves the right to change the price of any Service at its sole discretion without any prior notice to the Users.

You will notify us in writing in the event you dispute any fees paid or payable by you under these Terms. If you dispute any fees, you agree to act reasonably and in good faith and will cooperate diligently with us to resolve the dispute. You will provide such notice to us within 30 (thirty) working days of the date we bill you for such fees that are in dispute, and the parties will work together to resolve the dispute promptly.

users representations & warranties

Representations and warranties are statements and promises made by you to LabTracka, which we rely on as being accurate in our dealings with you. You make the following representations and warranties to us at the time of agreeing to these Terms and every time you use the Services:

• You are over the age of 18 years.

• You are of sound mind and can enter into a legally binding contract.

• All personal information that you provide about yourself is accurate and true to the best of your knowledge.

• All information that you provide is accurate and true

• You have carefully considered the risks involved with using the Platform, and its Services

• If you are registering or accepting these Terms on behalf of a legal entity such as a company, or partnership, you are legally authorized to do so, and we may request evidence of such legal entitlement (by way of a copy of any document that shows the valid and subsisting authorization).

Special Provisions for Mobile Applications

The User is required to pay to use any of our Services.

The Service and all rights in our product name, trade names, logos, service marks, slogans, product packaging, original content, features, and functionality are and will remain the exclusive property of LabTracka. Our trademarks may not be used in connection with any product or service without our prior written consent.

You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit LabTracka's website or collective content, except to the extent that you are the legal owner of certain User Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by LabTracka or its licensors, except for the licenses and rights expressly granted in these Terms.

Subject to your compliance with these Terms, LabTracka grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and view any collective content made available on or through the website and accessible to you, solely for your personal and non-commercial use.

Users shall not directly or indirectly: (i) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Service; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder.

data accuracy

LabTracka may make available Mobile Applications to access the Services via a mobile device. To use the Mobile Application, you must have a mobile device that is compatible with the mobile service.

LabTracka does not warrant that the Mobile Application will be compatible with your mobile device. LabTracka hereby grants you a non-exclusive, non-transferable, revocable license to use an object code copy of the Mobile Application for one registered account on one mobile device owned or leased solely by you, for your personal use.

You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Application; (ii) rent, lease, loan, resell, sublicense, distribute, or otherwise transfer the Mobile Application to any third party or use the Mobile Application to provide time-sharing or similar services for any third party; (iii) make any copies of the Mobile Application; (iv) remove, circumvent, disable, damage, or otherwise interfere with security-related features of the Mobile Application, features that prevent or restrict use or copying of any content accessible through the Mobile Application, or features that enforce limitations on use of the Mobile Application; or (v) delete the copyright and other proprietary rights notices on the Mobile Application.

You acknowledge that LabTracka may occasionally issue upgraded versions of the Mobile Application and may automatically electronically upgrade the version of the Mobile Application that you are using on your mobile device. You consent to such automatic upgrading on your mobile device and agree that these Terms will apply to all such upgrades.

Standard data charges from your mobile network or internet service provider may apply to your use of the Mobile Application.

The following additional terms and conditions apply with respect to any Mobile Application that LabTracka provides to you designed for use on an Apple iOS-powered mobile device (an ''iOS App''):

• You acknowledge that these Terms are between you and LabTracka only, and not with Apple, Inc. (''Apple'').
• Your use of LabTracka's iOS App must comply with Apple's current App Store Terms of Service.
• LabTracka, and not Apple, is solely responsible for our iOS App and the Services and related content available on our iOS App. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App.
• You agree that LabTracka, and not Apple, is responsible for addressing any claims by you or any third party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (i) product liability claims; (ii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to us as the provider of the iOS App.
• You agree that LabTracka, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement, and discharge of any third-party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App.
• You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist-supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.

The following additional terms and conditions apply with respect to any Mobile Application that LabTracka provides to you designed for use on an Android-powered mobile device (an ''Android App''):

• You acknowledge that these Terms are between you and LabTracka only, and not with Google, Inc. (''Google'').
• Your use of LabTracka's Android App must comply with Google's current Android Market Terms of Service.
• Google is only a provider of the Android Market where you can obtain the Android App. LabTracka, and not Google, is solely responsible for LabTracka's Android App and the Services and content available thereon. Google has no obligation or liability to you with respect to LabTracka's Android App or these Terms.
• You acknowledge and agree that Google is a third-party beneficiary to the Terms as they relate to LabTracka's Android App.

maintenance

The Company may, at its sole discretion and without assigning any reason whatsoever at any time, deactivate and/or suspend the User's access to the Platform and/or the Services (as the case may be) without giving any prior notice, to carry out system maintenance, upgrading, testing, repairs, or related work. Without prejudice to any other provisions of this Agreement, the Company shall not be liable to indemnify the User for any loss, damage, costs, or expenses that the User may suffer or incur, and no fees or charges payable by the User to the Company shall be deducted, refunded, or rebated as a result of such deactivation or suspension.

disclosure

The Site may contain testimonials by Users of our Services. These testimonials reflect the real-life experiences and opinions of such Users. However, these experiences are personal to the particular Users and may not necessarily represent all Users of our Services. We do not claim, and you should not assume, that all Users will have the same experience.

The User agrees and acknowledges that the Company has made no claims as to the test reports that can or may be obtained through the use of any third-party diagnostic facility and cannot and does not warrant that all information in the test reports is complete, reliable, and accurate. Although best efforts are made to ensure all information is accurate and up to date, occasionally unintended errors and misprints may occur. It is especially important that you always seek the advice of a physician or other qualified health provider with any questions you may have regarding the test reports. Never disregard professional medical advice or delay seeking it because of something you have read on the test report and/or the Platform.

If we communicate your test report to you digitally through our Dashboard and/or email, note that the communication should not be viewed as medical advice and is not meant to replace direct communication with a physician or other health service provider. All inquiries regarding the meaning or interpretation of the test report should be made to your healthcare provider.

We do not diagnose, treat, or cure medical conditions. LabTracka does not replace the care of a medical practitioner or health provider and does not recommend self-diagnosis or self-medication. Any action you take on the information provided in the test report and/or the Platform is strictly at your own risk.

LabTracka, its subsidiaries, affiliates, and licensors do not warrant that: a) the Platform will function uninterrupted, be secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Platform is free of viruses or other harmful components; or d) the results of using the Platform will meet your requirements.

governing laws

These Terms shall be governed and construed in accordance with the laws of the Federal Republic of Nigeria, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have between us regarding the Service.

dispute resolution

Any disputes arising under or in connection with the validity, interpretation, and performance of these Terms between you and LabTracka or between LabTracka and any third parties that cannot be resolved amicably through negotiation within 30 (thirty) days shall be resolved by Arbitration at the Lagos Court of Arbitration (LCA) before a single arbitrator in accordance with the Arbitration and Conciliation Act, Cap A18, Laws of the Federation of Nigeria.

The Parties shall endeavour in good faith to mutually agree on the selection of an arbitrator. If the Parties cannot mutually agree on the selection of an arbitrator within ten (10) days of the request, they shall apply to the LCA to appoint an arbitrator. Arbitration proceedings shall be conducted in Lagos. The arbitrator will be requested to render an award within ninety (90) days and to provide, in writing, the reasoning for the award. The decision of any such arbitrator shall be final and binding on the parties.

Each party shall bear its cost in connection with the Arbitration, and the arbitrator’s fees shall be split equally between both parties.

force majeure

LabTracka shall not be liable for failure to perform, or for delay in performing its obligations hereunder, if such failure or delay is due to natural disasters, war, riot, civil commotion, weather, pandemics, epidemics, labour disputes, failure of sub-contractors, or any other cause beyond its reasonable control, whether or not of a similar nature to the foregoing.

feedback

We welcome and encourage you to provide feedback, comments, and suggestions for improvements to LabTracka's Platform or Services. You may submit your feedback by emailing us at [email protected]. Any feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting your feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.

Changes to Terms & Conditions

LabTracka reserves the right, in its sole discretion, to change the Terms of Service. LabTracka encourages you to periodically review the Terms to stay informed of our updates.

contact us

If you have any questions about these Terms, please contact us at[email protected].