CUSTOMER AND MOBILE EXAMINER AGREEMENT
This Customer and Mobile Examiner Agreement (this “Agreement”) pertains to all interactions between a user of the Scheduling Service operated by HALED LLC (“HALED”) through www.haled.com (the “Site”) or the related mobile application (the “App”) who, as an individual consumer or a life insurance applicant (as applicable, “Customer”) has scheduled an appointment with a third party licensed medical professional to perform a procedure as a “mobile examiner” (“Examiner”). This Agreement is a binding legal contract between Customer and Examiner.
- PROCEDURE. Examiner agrees to perform a procedure made available through the Scheduling Service pursuant to HALED’s then-current Terms of Service (available at https://haled.com/terms-of-service/, and as updated from time to time, the “TOS”) that has been scheduled by Customer through the Scheduling Service (such procedure and all related acts performed by Examiner being the “Procedure”) at the location designated by Customer. Customer agrees to pay for Examiner’s performance of the Procedure through the App or the Site to the fullest extent Customer is responsible for such payment under the TOS.
- CUSTOMER’S OBLIGATIONS. Customer agrees to cooperate with Examiner and allow Examiner to perform the Procedure. Customer represents and warrants to Examiner that (a) Customer has the authority to enter this Agreement, (b) the location where the appointment for the Procedure has been scheduled is not and will not be hazardous or unsafe, (c) Customer is the individual or parent or legal guardian of the individual whose user account was used to schedule the Procedure, (d) all information provided by Customer through the App and/or the Site in connection with the Procedure is true, current, complete, and accurate. Customer understands and agrees that if a testing or specimen collection kit is required to perform the Procedure, then Customer is responsible for providing such kit to Examiner at the appointment, and that if such kit is not so provided, the appointment will be cancelled and any rescheduled or subsequent appointment made by Customer may be subject to a cancellation fee.
- EXAMINER’S OBLIGATIONS. Examiner agrees to perform the Procedure in a professional manner consistent with industry standards. Examiner represents and warrants to Customer that (a) Examiner has the authority to enter this Agreement, (b) Examiner possesses the license, certification, training, and equipment required to perform the Procedure, (c) Examiner is the individual whose mobile examiner account was used to accept the scheduled Procedure, (d) Examiner will not, during or subsequent to the term of this Agreement, use or disclose any personal information of Customer obtained by Examiner in connection with the Procedure (i) for any purpose whatsoever other than the performance of the Procedure, or (ii) in violation of any applicable laws pertaining to the privacy or confidentiality of personal or personally identifiable information.
- INACCURACY OF CUSTOMER INFORMATION. If any of the representations and warranties of Customer in this Agreement are or become inaccurate or untrue, or if Examiner is unable to perform the Procedure because of a medical or health condition of Customer, Examiner shall not be obligated to perform the Procedure; however, in such case, Customer is still obligated to pay for the Procedure.
- RESPONSIBILITY OF EXAMINER. Examiner is responsible for all aspects of performing the Procedure, including Examiner’s presence at the location where the Procedure has been scheduled. Customer agrees that Examiner is solely responsible for all damage to Customer, Customer’s property, or the property of any third party involved in performing of the Procedure.
- COMPLIANCE; DISPUTES. Customer and Examiner agree to fully comply with all applicable laws, including all patient privacy laws. Customer and Examiner represent and warrant to each other that each has agreed to and will comply with the provisions of HALED’s Privacy Policy (available at https://haled.com/privacy-policy) and the TOS applicable to the Scheduling Service and the Procedure, including the Code of Conduct contained in the TOS. If there is a dispute between Customer and Examiner related in any way to this Agreement, both parties agree that any such dispute may be brought in the state or federal courts with jurisdiction where the Procedure occurred.
- HALED NOT A PARTY. Customer and Examiner each agree and acknowledge that HALED LLC is not a party to this Agreement. Either party hereto may contact HALED’s customer service in relation to comments or concerns about the Procedure; however, Customer and Examiner agree that this Agreement and any liability related to or arising in connection with this Agreement or the Procedure is exclusively between Customer and Examiner only, and to the maximum extent the law allows, each of Customer and Examiner hereby (a) waives all claims against, and holds harmless, HALED with respect to all aspects of this Agreement and the Procedure, and (b) covenants not to sue or otherwise bring any legal action, claim, or proceeding against HALED arising from or relating to this Agreement or the Procedure.