Agreement between User and Malady
Welcome to Malady. The Malady website (the “Site”) is comprised of various web pages operated by The Malady Group, LLC (“Malady”). Malady is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of malady.co constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
Malady is a malady.co Site.
Malady is a technological, data-driven healthcare solution provider that connects people with localized labs and physicians to deliver the most efficient seamless experience from testing to results.
Privacy
Your use of malady.co is subject to Malady’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting malady.co or sending emails to Malady constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email, and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Malady is not responsible for third-party access to your account that results from theft or misappropriation of your account. Malady and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content at our sole discretion.
Children Under Thirteen
Malady does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use malady.co only with permission of a parent or guardian
Cancellation/Refund Policy
Cancellations made 7 days or more in advance of the booked appointment time slot will receive a full refund. Cancellations made within 48 hours of the booked appointment time slot will incur a 30% fee.
Section 1: Policy Overview
1.1 Purpose: This document outlines the refund, cancellation, and credit processes for wellness profile testing kits and services offered by The Malady Group, LLC.
1.2 Scope: Applies to all transactions and interactions with our products and services.
Section 2: Electronic Refund Protocol
2.1 Electronic Refunds: Refunds, if applicable, will be processed electronically to the original payment method.
2.2 Electronic Refund Criteria: Criteria for eligibility include company error and non-delivery of services as promised.
2.3 Time Frame: The electronic refund process will commence within 5 business days of claim approval.
Section 3: Cancellation and Rescheduling
3.1 Cancellation Fee: A $25 fee is applied to appointment cancellations or rescheduling.
3.2 Notification Requirement: Customers must notify us at least 24 hours in advance for cancellations or rescheduling.
Section 4: Non-Refundable Fees
4.1 Scope: Service fees, sample collection fees, and shipping and handling charges are non-refundable.
4.2 Rationale: These fees cover operational costs and are expended upon order processing.
Section 5: Refund Eligibility and Process
5.1 General Eligibility: Generally, refunds are not offered.
5.2 Exceptional Circumstances: Circumstances warranting a refund include significant service failures directly attributable to our company.
5.3 Proof of Purchase: Required for processing any refund request.
5.4 Refund Evaluation Process: Each request will be evaluated on a case-by-case basis.
Section 6: Advanced Controls and Transparency
6.1 Refund Oversight: Strict controls and oversight mechanisms are in place to manage the refund process.
6.2 Transparency: Clear visibility of all transactions, including refunds, in our systems for audit and customer satisfaction.
Section 7: Service Expiration and Final Sale Terms
7.1 Expiration of Service: Services must be utilized within six months from the date of purchase.
7.2 Final Sale Designation: Specific products and services may be categorized as final sale items, with limited refund exceptions.
Section 8: Policy Amendments and Notifications
8.1 Amendment Rights: The Malady Group, LLC reserves the right to modify this policy.
8.2 Notification Methods: Changes will be communicated through email and in-app notifications.
Section 9: Collaboration with Third-Party Providers
9.1 Third-Party Involvement: Our services involve collaboration with third-party medical testing laboratories and mobile phlebotomy providers.
9.2 Refund Constraints: Refund eligibility and processes may be influenced by the policies and operational constraints of these third-party medical testing labs and phlebotomy services.
9.3 Addressing Third-Party Errors: In cases where service issues are due to third-party errors, we will communicate transparently with customers and strive for a satisfactory resolution, including potential refunds or credits, within the limits of our third-party agreements.
Section 10: Coordination and Responsibility
10.1 Third-Party Refund Processing: All refunds, including those related to third-party services, are processed through The Malady Group, LLC.
10.2 Issue Resolution: We actively coordinate with our third-party medical testing labs and phlebotomy service providers to address and resolve any service-related issues that impact our customers.
Links to Third Party Sites/Third Party Services
malady.co may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Malady and Malady is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Malady is providing these
links to you only as a convenience, and the inclusion of any link does not imply endorsement by Malady of the site or any association with its operators.
Certain services made available via malady.co are delivered by third party sites and organizations. By using any product, service or functionality originating from the malady.co domain, you hereby acknowledge and consent that Malady may share such information and data with any third party with whom Malady has a contractual relationship to provide the requested product, service or functionality on behalf of malady.co users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use malady.co strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Malady that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Malady or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Malady content is not for resale. Your use of the Site
does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Malady and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Malady or our licensors except as expressly authorized by these Terms.
International Users
The Service is controlled, operated and administered by Malady from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Malady Content accessed through malady.co in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Malady, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Malady reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Malady in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof,
whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MALADY, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
MALADY, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. MALADY, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MALADY, LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MALADY, LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
Malady reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To
the maximum extent permitted by law, this agreement is governed by the laws of the State of Louisiana and you hereby consent to the exclusive jurisdiction and venue of courts in Louisiana in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Malady as a result of this agreement or use of the Site.
Malady’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Malady’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Malady with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Malady with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Malady with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Malady reserves the right, in its sole discretion, to change the Terms under which malady.co is offered. The most current version of the Terms will supersede all previous versions. Malady encourages you to periodically review the Terms to stay informed of our updates.
Disclaimer
The information provided by our diagnostic product, including diagnostic reports, is intended for informational and educational purposes only. It is not a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding a medical condition. Our diagnostic product provides general health information based on the data and biomarkers collected. It is important to note that individual health status and risk factors may vary. Any decisions regarding your health and medical treatment should be made in consultation with a qualified healthcare professional. While we strive to provide accurate and up-to-date information, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the diagnostic reports or the information provided. Any reliance you place on such information is strictly at your own risk. By using our diagnostic product, you acknowledge and agree that you do so at your own risk. We highly recommend that you seek a doctor’s visit after receiving results to discuss your health status and any necessary medical treatment. Please note that our services stop at providing the results for general knowledge purposes only, and we do not have any fiduciary obligation past submitting the results. Our diagnostic test is CLIA Certified, meeting rigorous quality standards for clinical laboratory testing. In no event shall our company or its affiliates be liable for any loss or damage, including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from the use of our diagnostic product or the information provided. If you do not agree to these terms, you should not use our product.
For more information please visit: Malady.co/disclaimer