Lab Me Analytics and all associated websites and Apps (the “Lab Me Analytics Websites”) are owned and operated by Lab Me Analytics Pte. Ltd. (“the Company”) a USA incorporated company.
We regularly update and amend the Lab Me Analytics Websites and may at any time delete or change any information or services provided. Although we will endeavor to ensure all information contained on the Lab Me Analytics Websites is accurate, we do not guarantee that all information or prices on Lab Me Analytics Websites will be complete and accurate.
No formal medical diagnosis, or treatment are allowed on the Lab Me Analytics Websites or the Services. All information provided on the Lab Me Analytics Websites or through the Services, or in connection with any communications supported by the Company, including but not limited to communications with registered medical practitioners and wellness experts providing private online consultations (a “Consultation”) on the Lab Me Analytics Websites (the “Providers”), is intended to be for general information purposes only, and is in no way intended to create a doctor – patient relationship.
The Lab Me Analytics Websites and the Services are not a substitute for professional medical diagnosis or treatment, and reliance on any information provided on the Lab Me Analytics Websites or through the Services, including the credentials of the Provider, is solely at your own risk. You are solely responsible for satisfying yourself that the Provider is suitably qualified and/or licensed in accordance with local laws to practise in your jurisdiction and in the event of any doubt, you should contact your own doctor with whom you have a doctor-patient relationship. If you become aware of any Provider that is not suitably qualified, please let us know by emailing us at email@example.com. We reserve the right and have the sole discretion to (but will not be obliged to) remove any Provider’s profile from the Lab Me Analytics Website and Services at any time.
Procedures / Products / Services
The Lab Me Analytics Websites provides remote health advice and information services. The procedures, products, services and devices discussed and/or advertised on the Lab Me Analytics Websites and the Services are not applicable to all individuals, patients, clients or all clinical situations. Some medical conditions are not suitable for remote consultations, and you should always seek advice from a medical practitioner in person if you are unsure about whether you have been able to explain or communicate your medical needs through our services, or if you have any concerns about the advice you receive from us or if it is different from other advice you have received. We make no claims as to the effectiveness of any such procedures, products, services and devices. Any products and/or services represented on the Lab Me Analytics Websites by advertisers, sponsors, and other Services participants, either paid or unpaid, are presented for your awareness and do not necessarily imply appropriateness for any particular individual or prediction of effectiveness, outcome or success.
Clients should not use our services in an emergency, or if you have a condition that you know will require a physical examination.
Lab Me Analytics Websites and the Company do not provide medical advice. Lab Me Analytics Websites are designed to support the health decisions and choices you make. These decisions and choices are yours, and we believe that you are the best decision maker about your health and that these decisions should be made in connection with the advice you receive within a formal doctor – patient relationship. On the Lab Me Analytics Websites, you can ask questions and find information and related educational answers. You can also speak directly to a Provider through a private Consultation. Public questions and answer sections of the Lab Me Analytics Websites are not a place for the practice of medicine. A limited amount of medical advice may be provided by a Registered Practitioner during a private Consultation (but such advice is solely the responsibility of such Registered Practitioner).
Lab Me Analytics Websites and the Company are not your doctor. Providers on Lab Me Analytics Websites are not “your” doctor. When you participate in online Consultations, you understand that Providers are not your primary care doctor and you agree not to use Lab Me Analytics Websites or Services as a substitute for interactions with your personal doctor. We strongly encourage you to discuss any advice you receive using Lab Me Analytics Websites with your GP or usual medical practitioner, or healthcare provider.
The Provider shall be solely responsible for determining the need for a face-to-face consultation with the client and the Company will not be held liable for any misdiagnoses, acts or omissions of the Provider, as interactions on Lab Me Analytics Websites do not constitute the practice of medicine and Consultations cannot be used for providing formal medical diagnosis, for a physical examination, or for treatment. Do not use Lab Me Analytics Websites or Services to diagnose or treat a medical condition. Never use Lab Me Analytics Websites or Services in a potential or actual medical emergency.
No doctor – patient relationship
The use of the Lab Me Analytics Websites or the Services does not create a doctor – patient relationship.
Everything on Lab Me Analytics Websites or the use of the Services is for your information, and should be used for informational purposes only. The Lab Me Analytics Websites and the Services are not a substitute for medical advice, diagnosis, treatment or care from your provider.
Processing of Data
Roles and Regulatory Compliance; Authorization.
Processor and Controller Responsibilities. If the European Data Protection Legislation applies to the processing of Customer Personal Data, the parties acknowledge and agree that:
the subject matter and details of the processing are described in Appendix 1;
Lab Me Analytics is a processor of that Customer Personal Data under the European Data Protection Legislation;
Customer is a controller or processor, as applicable, of that Customer Personal Data under European Data Protection Legislation; and
each party will comply with the obligations applicable to it under the European Data Protection Legislation with respect to the processing of that Customer Personal Data.
Authorization by Third Party Controller. If the European Data Protection Legislation applies to the processing of Customer Personal Data and Customer is a processor, Customer warrants to Lab Me Analytics that Customer’s instructions and actions with respect to that Customer Personal Data, including its appointment of Lab Me Analytics as another processor, have been authorized by the relevant controller.
Responsibilities under Non-European Legislation. If Non-European Data Protection Legislation applies to either party’s processing of Customer Personal Data, the parties acknowledge and agree that the relevant party will comply with any obligations applicable to it under that legislation with respect to the processing of that Customer Personal Data.
Customer Request of Data
At any time the customer is able to request permission to see original data files from the performing lab. Please send your requests to firstname.lastname@example.org with subject line: request for data.
You will be required to prove your identity by way of personal id, last 4 digits of card used for purchase, address of purchase and customer ID or order ID.
Please allow up to 2 weeks for processing.
Scope of Processing
Customer’s Instructions. By entering into these Terms, Customer instructs Lab Me Analytics to process Customer Personal Data only in accordance with applicable law: (a) to provide the Services and TSS; (b) as further specified via Customer’s use of the Services (including the Admin Console and other functionality of the Services) and TSS; (c) as documented in the form of the Agreement, including these Terms; and (d) as further documented in any other written instructions given by Customer and acknowledged by Lab Me Analytics as constituting instructions for purposes of these Terms.
5.2.2 Lab Me Analytics’s Compliance with Instructions. Lab Me Analytics will comply with the instructions described in Section 5.2.1 (Customer’s Instructions) (including with regard to data transfers) unless EU or EU Member State law to which Lab Me Analytics is subject requires other processing of Customer Personal Data by Lab Me Analytics, in which case Lab Me Analytics will inform Customer (unless that law prohibits Lab Me Analytics from doing so on important grounds of public interest) via the Notification Email Address.
Deletion by Customer. Lab Me Analytics will enable Customer to delete Customer Data during the Term in a manner consistent with the functionality of the Services. If Customer uses the Services to delete any Customer Data during the Term and that Customer Data cannot be recovered by Customer, this use will constitute an instruction to Lab Me Analytics to delete the relevant Customer Data from Lab Me Analytics’s systems in accordance with applicable law. Lab Me Analytics will comply with this instruction as soon as reasonably practicable and within a maximum period of 180 days, unless EU or EU Member State law requires storage.
Deletion on Termination. On expiry of the Term, Customer instructs Lab Me Analytics to delete all Customer Data (including existing copies) from Lab Me Analytics’s systems in accordance with applicable law. Lab Me Analytics will, after a recovery period of up to 30 days following such expiry, comply with this instruction as soon as reasonably practicable and within a maximum period of 180 days, unless EU or EU Member State law requires storage. Without prejudice to Section 9.1 (Access; Rectification; Restricted Processing; Portability), Customer acknowledges and agrees that Customer will be responsible for exporting, before the Term expires, any Customer Data it wishes to retain afterwards.
Lab Me Analytics’s Security Measures, Controls and Assistance.
Lab Me Analytics’s Security Measures. Lab Me Analytics will implement and maintain technical and organizational measures to protect Customer Data against accidental or unlawful destruction, loss, alteration, unauthorized disclosure or access as described in Appendix 2 (the “Security Measures”). As described in Appendix 2, the Security Measures include measures to encrypt personal data; to help ensure ongoing confidentiality, integrity, availability and resilience of Lab Me Analytics’s systems and services; to help restore timely access to personal data following an incident; and for regular testing of effectiveness. Lab Me Analytics may update or modify the Security Measures from time to time provided that such updates and modifications do not result in the degradation of the overall security of the Services.
Security Compliance by Lab Me Analytics Staff. Lab Me Analytics will take appropriate steps to ensure compliance with the Security Measures by its employees, contractors and Subprocessors to the extent applicable to their scope of performance, including ensuring that all persons authorized to process Customer Personal Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.
Additional Security Controls. In addition to the Security Measures, Lab Me Analytics will make the Additional Security Controls available to: (a) allow Customer to take steps to secure Customer Data; and (b) provide Customer with information about securing, accessing and using Customer Data.
Lab Me Analytics’s Security Assistance. Customer agrees that Lab Me Analytics will (taking into account the nature of the processing of Customer Personal Data and the information available to Lab Me Analytics) assist Customer in ensuring compliance with any of Customer’s obligations in respect of security of personal data and personal data breaches, including if applicable Customer’s obligations pursuant to Articles 32 to 34 (inclusive) of the GDPR, by:
implementing and maintaining the Security Measures in accordance with Section 7.1.1 (Lab Me Analytics’s Security Measures);
making the Additional Security Controls available to Customer in accordance with Section 7.1.3 (Additional Security Controls);
complying with the terms of Section 7.2 (Data Incidents); and
providing Customer with the Security Documentation in accordance with Section 7.5.1 (Reviews of Security Documentation) and the information contained in the Agreement including these Terms.
Incident Notification. If Lab Me Analytics becomes aware of a Data Incident, Lab Me Analytics will: (a) notify Customer of the Data Incident promptly and without undue delay after becoming aware of the Data Incident; and (b) promptly take reasonable steps to minimize harm and secure Customer Data.
Details of Data Incident. Notifications made pursuant to this section will describe, to the extent possible, details of the Data Incident, including steps taken to mitigate the potential risks and steps Lab Me Analytics recommends Customer take to address the Data Incident.
Delivery of Notification. Notification(s) of any Data Incident(s) will be delivered to the Notification Email Address or, at Lab Me Analytics’s discretion, by direct communication (for example, by phone call or an in-person meeting). Customer is solely responsible for ensuring that the Notification Email Address is current and valid.
No Assessment of Customer Data by Lab Me Analytics. Lab Me Analytics will not assess the contents of Customer Data in order to identify information subject to any specific legal requirements. Without prejudice to Lab Me Analytics’s obligations under this Section 7.2 (Data Incidents), Customer is solely responsible for complying with incident notification laws applicable to Customer and fulfilling any third party notification obligations related to any Data Incident(s).
No Acknowledgement of Fault by Lab Me Analytics. Lab Me Analytics’s notification of or response to a Data Incident under this Section 7.2 (Data Incidents) will not be construed as an acknowledgement by Lab Me Analytics of any fault or liability with respect to the Data Incident.
Customer’s Security Responsibilities and Assessment.
Customer’s Security Responsibilities. Customer agrees that, without prejudice to Lab Me Analytics’s obligations under Section 7.1 (Lab Me Analytics’s Security Measures, Controls and Assistance) and Section 7.2 (Data Incidents):
Customer is solely responsible for its use of the Services, including:
making appropriate use of the Services and the Additional Security Controls to ensure a level of security appropriate to the risk in respect of the Customer Data;
securing the account authentication credentials, systems and devices Customer uses to access the Services;
backing up its Customer Data as appropriate; and
Lab Me Analytics has no obligation to protect copies of Customer Data that Customer elects to store or transfer outside of Lab Me Analytics’s and its Subprocessors’ systems (for example, offline or on-premises storage), or to protect Customer Data by implementing or maintaining Additional Security Controls except to the extent Customer has opted to use them.
Customer Data Responsibilities
Customer is solely responsible for reviewing the Security Documentation and evaluating for itself whether the Services, the Security Measures, the Additional Security Controls and Lab Me Analytics’s commitments under this Section 7 (Data Security) will meet Customer’s needs, including with respect to any security obligations of Customer under the European Data Protection Legislation and/or Non-European Data Protection Legislation, as applicable.
Customer acknowledges and agrees that (taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of the processing of Customer Personal Data as well as the risks to individuals) the Security Measures implemented and maintained by Lab Me Analytics as set out in Section 7.1.1 (Lab Me Analytics’s Security Measures) provide a level of security appropriate to the risk in respect of the Customer Data.
Reviews of Audits and Compliance
Reviews of Security Documentation. In addition to the information contained in the Agreement (including these Terms), Lab Me Analytics will make available for review by Customer the following documents and information to demonstrate compliance by Lab Me Analytics with its obligations.
If the European Data Protection Legislation applies to the processing of Customer Personal Data, Lab Me Analytics will allow Customer or an independent auditor appointed by Customer to conduct audits (including inspections) to verify Lab Me Analytics’s compliance with its obligations under these Terms in accordance with Section 7.5.3 (Additional Business Terms for Reviews and Audits). Lab Me Analytics will contribute to such audits as described in Section 7.4 (Security Certifications and Reports) and this Section 7.5 (Reviews and Audits of Compliance).
If Customer has entered into Model Contract Clauses as described in Section 10.2 (Transfers of Data Out of the EEA), Lab Me Analytics will, without prejudice to any audit rights of a supervisory authority under such Model Contract Clauses, allow Customer or an independent auditor appointed by Customer to conduct audits as described in the Model Contract Clauses in accordance with Section 7.5.3 (Additional Business Terms for Reviews and Audits).
Customer may also conduct an audit to verify Lab Me Analytics’s compliance with its obligations under these Terms by reviewing the Security Documentation (which reflects the outcome of audits conducted by Lab Me Analytics’s Third Party Auditor).
The Lab Me Analytics Websites and the Services are provided “as is”. Neither we, Providers, nor any other user of the Lab Me Analytics Websites, make any express or implied warranties, including implied warranties of accuracy, merchantability, fitness for a particular purpose, and non-infringement. The Company does not make any express or implied warranties that the Providers are validly accredited and/ or licensed to practise their field of expertise. Neither we nor any Providers, of any other user make any warranty that content or Services satisfy government regulations.
Severability and enforceability
Transfer of information
Choice of law and venue
(Applicable only to Clients purchasing Consultations)
Prices. The price of a Consultation or a group of Consultations (“Packages”) will be set out in the App or on the Website at the time of the Client purchasing from a Provider. The prices may change at any time as they are set at the discretion of the Providers, but price changes will not affect any services that you have already ordered.
Fees. You are responsible for paying the price for the Consultation or Packages and any additional charges (“Charges”). Charges could include:
any applicable service tax, as required by the jurisdiction
Lab Me Analytics Service Fee
reasonable credit card or other processing fees, where these are incurred.
Payment. You can make payment using a credit card or Paypal. You will be charged at the point of purchase. We use Stripe, Paypal and Braintree for payment protection and processing.
(Applicable only to Providers providing Consultations)
Consultation Fees. You are entitled to charge a fee for each Consultation or Packages provided to a Client that is facilitated by the Services (“Consultation Fee”), where such Consultation Fee is calculated based upon the “Consultation Fee” / “Packages Fee” provided by you and set out in your “My Payments” (if you are a medical practitioner) or “My Packages” page (if you are a wellness expert). You: (i) appoint the Company as your limited payment collection agent solely for the purpose of accepting the Consultation Fee on your behalf via the payment processing functionality facilitated by the Company; and (ii) agree that payment made by a Client to the Company shall be considered the same as payment made directly by a Client to you. In addition, the Parties acknowledge and agree that as between you and the Company, the Consultation Fee is a recommended amount, and the primary purpose of the pre-arranged Consultation Fee is to act as the default amount in the event you do not negotiate a different amount. You shall always have the right to: (i) charge a Consultation Fee that is less than the pre-arranged Consultation Fee; or (ii) negotiate, at your request, a Consultation Fee that is lower than the pre-arranged Consultation Fee.
Your Payment. The Company agrees to remit to you on at least a monthly basis the Consultation Fee less the applicable Lab Me Analytics Service Fee (the “Provider Payment”). The Provider Payment must exceed US$100 in order for it to be remitted (the “Minimum”). If you do not reach the Minimum in that calendar month, the Provider Payment will be held until the following month. This will continue until the Minimum is reached and the Provider Payment can be remitted to you. Each Provider Payment shall be made to the bank account specified by you in the “Financial Details” section of your “Provider Profile“.
Changes to Consultation Fee. You may amend your Consultation Fee at any time by amendment to the relevant section of your “My Packages“. The Company accepts no responsibility for any delays in implementing an amended Consultation Fee to a Provider’s public profile.
Lab Me Analytics Service Fee. In consideration of the Company’s provision of the Services for your use and benefit hereunder, you agree to pay the Company a service fee on a per Consultation basis (the “Lab Me Analytics Service Fee”). The Company reserves the right to change the Lab Me Analytics Service Fee at any time at the Company’s discretion, and the Company will provide you with notice in the event of such change. Continued use of the Services after any such change in the Lab Me Analytics Service Fee calculation shall constitute your consent to such change.
Receipts. As part of the Services, the Company provides you a system for the delivery of receipts to Clients for a Consultation. Upon your completion of a Consultation, the Company prepares an applicable receipt and issues such receipt to the Client via email on your behalf.
Taxes. You acknowledge and agree that you are responsible for collecting and remitting all applicable gross receipts, sales and use, excise or any other transaction tax on the provision of Consultations.
From time to time, the Company will issue vouchers to our Providers to provide to their Clients or directly to Clients that provide a benefit (“Vouchers”). Vouchers are to be used in good faith.
A Client’s redemption of a Voucher is subject to the additional terms and conditions as stipulated on the Voucher and the Provider (as the case may be) that offers the particular Voucher to a Client.
Clients must use Vouchers during their applicable validity period. There shall be no extension of time for the validity period of any Voucher redemption dates. Clients and Providers agree that you will have no claim whatsoever against the Company for any expired Vouchers.
Vouchers are not exchangeable for any other benefit under any circumstances.
If we suspect that either a Provider or Client is abusing the Vouchers, the Company will suspend the relevant account pending investigation and keep the Provider or Client informed of the outcome. The Company may at its sole and absolute discretion disable a Provider or Client account.
Test Not Performed
Test not performed correctly by the user will result in a $10 dollar charge for re-sending the kit to the user along with shipping and handling. You will not be charged for the test being analyzed, the time the lab spent, data or labor by lab or administration. If you wish not to pay the $10 charge for the test to be resent – you will be billed the full amount of the failed test ordered.
We do not support refunds of any kind. If the test has been received by the user and processed by the lab there is a zero percent refund fee. We are happy to discuss payment credits for issues – even if not the fault of Lab Me.
We use USPS for our shipping provider. While USPS priority claims 4-5 work day delivery – sometimes there are unforeseen delays outside of the influence of Lab Me Analytics. In some cases, it can take up to 4 weeks to arrive.
We will do our best to liaison between the user and USPS to ensure optimised delivery but any issues arising from USPS will not result in a refund but we are happy to deliver a credit in order to make up for your inconvenience if necessary.
Since we are sending exempt human samples – it does take some extra time in rare cases. If you seek a faster option please inform us as we can use FedEx for a premium price. Usually this is between $40-50 USD for overnight delivery.
You’re welcome to cancel your subscription at any time. You can do so by email (email@example.com), your dashboard or via the chat button at the bottom right hand corner of the screen.
The Company owns the copyright and other intellectual property rights in the Lab Me Analytics Websites, our services and their content (“Lab Me Analytics IPR”).
You are permitted to use Lab Me Analytics IPR in order to receive our services, store it on your device and print copies of it for your personal use. You may communicate material containing Lab Me Analytics IPR to your local medical practitioner or healthcare provider. You are not permitted to copy, distribute or make any business use of Lab Me Analytics IPR.
The Lab Me Analytics mark, logo, combined mark and logo and other marks indicated in our App are trademarks owned by Lab Me Analytics in the USA and other countries.
Preferred Email Address
Details of the nature of your complaint and/or query
You will then be contacted within 30 days. Please note that you may be charged an administrative fee depending upon the nature of your request.