Please read these Terms of Service (“Terms”), which set forth the legally binding terms and conditions between you and Healthtracka (‘the Company’ or ‘Healthtracka’ or ‘we’, ‘our’ or ‘us’). It governs your access to and the use of the Company’s website, mobile application and the Services provided by Healthtracka.
Your access to use our services is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, agents, and any other person who access or use our services.
Our website is not directed at you if we are prohibited by any law of any jurisdiction from making the information on our website available to you and is not intended for any use that would be contrary to your local law or regulation.
By accessing or using our Services, you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access our services.
In these Terms,
“Account” - means a unique personified account registered in the name of the User and which contains details of the User’s transactions/operations on the Platform (as defined below).
“Dashboard” - means the User interface that is used to view the test report, track the status of the test report and also serves as a repository for the User’s health record.
“Mobile Application” - means any mobile application developed by Healthracka. “Order ID” - means the order identification unique to each Service purchased by the User.
“Order ID” - means the order identification unique to each Service purchased by the User.
“Platform” - means, collectively the Company’s website, mobile application and other related applications provided by Healthtracka.
“Service(s)” - means all products and services provided to you by Healthtracka and as described in clause 3 of these Terms.
“Site” - means the website for the services provided by Healthtracka which can be found at healthtracka.com
“Terms” - means these standard terms of service.
“User” - means persons, customers and visitors who access the Service.
The Service is offered subject to acceptance of all the terms and conditions contained in these Terms and all other operating rules, policies, and procedures that may be published on the Platform, which are incorporated by reference, including operating rules, policies, and procedures of third-party service providers to the Platform that are referenced herein. 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. Your use of those Services is subject to those additional terms and conditions, which are incorporated into these Terms by this reference.
Healthtracka reserves the right, at its sole discretion, to modify or replace these Terms from time to time by posting the updated terms on the Platform. It is your responsibility to check the Terms periodically for changes. If you object to any such changes, your sole recourse will be to cease using the Platform and the Service. Your continued use of the Service following the posting of any changes to the Terms will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
Healthtracka reserves the right to change, suspend, or discontinue the Service (including, but not limited to, the availability of any feature, database, or content) at any time for any reason. Healthtracka may also impose limits on certain features and Services or restrict your access to parts of or the entire Platform without notice or liability.
The term “Services” means and includes the diagnostic tests/health packages provided by the Company as displayed on its Platform.
The use of the Platform entitles you to avail the Services in the following manner:
The Services are non-transferable i.e. only the person in whose name the test/health package(s) is assigned at the time of booking will be eligible to avail the Services.
For availing the Services, booking is to be done at least a day in advance before 5 p.m. on a business day. In case a booking is done after 5 pm on a business day, the sample will be collected only on the business day following the next business day.
You are required to provide a photo-identification card and your Order ID at the time of the visit to the testing facility or at the time of availing home service.
You will be required to follow strictly the instructions/guidelines that is provided by the Company on its Platform before giving a sample for the test/health package(s).
The Company reserves the right to change the nature of Services at its sole discretion and publish such changes on the Platform.
You consent to take all the responsibility for your actions in utilising the Services through the use of our Platform and we shall not be liable for any such action.
Notwithstanding anything to the contrary contained elsewhere herein, you represent that you are not a person barred from receiving the Services under the applicable laws in your jurisdiction.
You confirm and acknowledge that Healthtracka shall not be liable or responsible for any deficiency in payment of consideration payable towards the Services booked by you on the Platform. The Services on the platform may not be accessible if Healthtracka is unable to confirm the receipt of full payment from the User.
Healthtracka shall not offer any refund against the Services already booked through use of the Website unless any error has occurred during the booking of Services. Refund shall be at the absolute discretion of Healthtracka.
You acknowledge that the third party doctors and third party healthcare providers empanelled and/or associated with us are independent contractors and thereby we have an independent contractor relationship with such third party doctors and third party healthcare providers and therefore, in no event, will we be directly or vicariously liable for any advice or medical consultancy, treatment or any loss arising therefrom that the third party doctors and third party healthcare providers may provide to you as part of the Services.
The opinions, statements, diagnosis, prognosis, answers, prescriptions, in-person consultation, treatment and tele-consultations (collectively “consultation”) provided by third party doctors and/or any medical practitioner, consultant, specialist, professional or any other person associated/employed by third party healthcare providers through our Platform are solely the individual and independent opinions and statements of such third party doctors and third party healthcare providers and do not reflect the opinions of Healthtracka, its entities and affiliates.
You acknowledge that although some of the content, blog, articles, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “information”) that is provided to you on the Platform (including information provided in direct response to your questions or postings) may be provided by individuals in the medical profession, the provision of such information does not create a doctor/medical professional-patient relationship, but are for informational purposes only and it does not constitute a direct medical diagnosis, treatment or prescription. Everything on the Platform should be used for information purposes only.
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 clearance of funds in the accounts of 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. This shall be 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, Healthtracka will not refund paid fees. Healthtracka 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, the Company shall take any responsibility or liability for malfunctioning or defect in any payment procedure. Payment of the Service shall be the sole responsibility of the User.
The Company further reserves the right to alter any and all 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 the Services through the Platform. Further, the Company reserves the right to change the price of any Service upon 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.
Representations and warranties are statements and promises made by you to Healthtracka, 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:
The Service and all rights in our product name, trade names, logos, service marks, slogans, product packaging, its original content, features and functionality are and will remain the exclusive property of Healthtracka. 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 Healthtracka’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 Healthtracka or its licensors, except for the licenses and rights expressly granted in these Terms.
Subject to your compliance with these Terms, Healthtracka grants you a limited, non-exclusive, non-sub licensable, 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.
Healthtracka 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.
Healthtracka does not warrant that the Mobile Application will be compatible with your mobile device. Healthtracka hereby grants to 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 Healthtracka 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.
dStandard 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 Healthtracka provides to you designed for use on an Apple iOS-powered mobile device (an “iOS App”):
The following additional terms and conditions apply with respect to any Mobile Application that Healthtracka provides to you designed for use on an Android-powered mobile device (an “Android App”):
The Company may at its sole discretion and without assigning any reason whatsoever at any time deactivate or/and 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 or/and upgrading or/and testing or/and repairs or/and other related work. Without prejudice to any other provisions of this Agreement, the Company shall not be liable to indemnify the User for any loss or/and damage or/and costs or/and expense that the User may suffer or incur, and no fees or/and charges payable by the User to the Company shall be deducted or refunded or rebated, as a result of such deactivation or/and suspension.
You shall not use the Services for any purpose that is prohibited by these Terms. You are responsible for all your activity in connection with the Services. Violation of our rules may result in the termination and cancellation of your transaction. You acknowledge and agree that we may terminate any Healthtracka transaction initiated at any time for any reason (including, but not limited to, our independent assessment or the receipt of claims or allegations from third parties or authorities).
Users shall not utilize the Site and/or Platform or the Services for any illegal purpose.
You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Services. In connection with your use of the Platform, you will not and will not assist or enable others to:
request, accept or make any payment for orders outside of the Platform. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold Healthtracka harmless from any liability for such payment;
discriminate against or harass anyone on the basis of race, tribe, origin, religion, gender, physical or mental disability, medical condition, marital status, or age, or otherwise engage in any abusive or disruptive behaviour;
use, display, mirror or frame the Platform or collective content, or any individual element within the Healthtracka, Healthtracka’s name, any trademark, logo or other proprietary information belonging to Healthtracka, or the layout and design of any page or form contained on a page in the Platform, without Healthtracka’s express written consent;
dilute, tarnish or otherwise harm Healthtracka’s brand in any way, including through unauthorized use of collective content, registering and/or using Healthtracka’s or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Healthtracka’s domains, trademarks, taglines, promotional campaigns or collective content;
use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Platform for any purpose;
avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Healthtracka or any of Healthtracka’s providers or any other third party to protect the Platform;
attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Platform;
take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Platform;
violate or infringe anyone else’s rights or otherwise cause harm to anyone.
You acknowledge that Healthtracka has no obligation to monitor the access to or use of the Platform by any User or to review, disable access to, or edit any User Content, but has the right to do so to (i) operate, secure and improve the Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Users’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to User Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Users agree to cooperate with and assist Healthtracka in good faith, and to provide Healthtracka with such information and take such actions as may be reasonably requested by Healthtracka with respect to any investigation undertaken by Healthtracka or a representative of Healthtracka regarding the use or abuse of the Platform.
If you feel that any User you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behaviour, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Healthtracka by contacting us with your police station and report number (if available); provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
The Platform may contain links to third-party websites or services that are not owned or controlled by Healthtracka.
Healthtracka has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Healthtracka shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
We may terminate or suspend our Service to you immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.
Upon termination, your right to use the Platform and our Service will immediately cease. If you wish to terminate your transaction, you may simply send an email to firstname.lastname@example.org.
You agree to indemnify and hold harmless Healthtracka, its affiliates and subsidiaries, its officers, directors, employees and agents, against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest penalties and legal and other reasonable professional costs and expenses) suffered or incurred as a result of:
In no event shall Healthtracka, its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
Your use of the Service is at your sole risk. The use or reliance of any information contained on the Platform is solely at your own risk. The Platform is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
The Site may contain testimonials by Users of our Services. These testimonials reflect the real life experience and opionins of such Users. However, the experiences are personal to these particular Users and may not necessarily be representations of 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 test report that can or may be obtained through use of any third party diagnostic facility and cannot and does not warrant that all information in the test report 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 report. Never disregard professional medical advice or delay in 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, know 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. Healthtracka 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.
Healthtracka, its subsidiaries, affiliates, and its licensors do not warrant that a) the Platform will function uninterrupted, 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.
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.
Any disputes arising under or in connection with the validity, interpretation and performance of this Terms between you and Healthtracka or between Healthtracka and any third parties that cannot be resolved amicably by the parties 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.
Healthtracka shall not be liable for failure to perform, or for delay in performing its obligations hereunder if such failure or delay shall be 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 and whether or not of a similar nature to the foregoing.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to Healthtracka’s Platform or Services. You may submit your feedback by emailing us at email@example.com. 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.
Healthtracka reserves the right, in its sole discretion, to change the Terms of Service. Healthtracka encourages you to periodically review the Terms to stay informed of our updates.
If you have any questions about these Terms, please contact us at firstname.lastname@example.org. This document was last updated in October 2022.
This policy is effective as of October 6th, 2022.
Last updated: October 6th, 2022.