Terms of Use

Effective Date: July 18, 2022

IF YOU ARE HAVING AN EMERGENCY, FIND A TELEPHONE AND CALL 9-1-1.  DO NOT RELY ON THIS SITE BECAUSE IT IS NOT FOR EMERGENCY USE.  IT IS FOR INFORMATIONAL PURPOSES ONLY.  THIS SITE DOES NOT DIAGNOSE, CURE, TREAT, MITIGATE, PREVENT, VACCINATE AGAINST OR ADVISE ON ANY MEDICAL CONDITION OR DISEASE.  THIS SITE IS NOT A MEDICAL DEVICE.  INDEGENE DOES NOT PROVIDE MEDICAL INSURANCE THROUGH THE SITE OR SERVICES.   THE ‘ELLE’ CHAT FEATURE IS AUTOMATED AND DOES NOT CONNECT TO YOU A LIVE DOCTOR OR ANY OTHER LIVE HEALTH CARE PROFESSIONAL.  INDEGENE SHALL HAVE NO LIABILITY TO YOU WHATSOEVER ARISING FROM YOUR USE OF THIS FREE SITE. 

These Terms of Use and our privacy policy govern your use of website available at www.healthandtravel.com (together, the “Site”) and constitutes a legally binding agreement between you and Indegene, Inc. (“Indegene,” “we,” “us” or “our”); please read them carefully.

 IF YOU USE THE SITE, YOU CONFIRM THAT YOU ARE NOT LOCATED OUTSIDE THE UNITED STATES, AND ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE AND OUR PRIVACY POLICY. IF YOU ARE LOCATED OUTSIDE THE UNITED STATES OR DO NOT AGREE TO THESE TERMS OF USE OR THE PRIVACY POLICY, YOU ARE NOT AUTHORIZED TO USE THE SITE.

1. OUR SERVICES ARE NOT MEDICAL ADVICE OR MEDICAL INSURANCE

THE SITE DOES NOT PROVIDE ANY MEDICAL ADVICE OR ANY MEDICAL INSURANCE, WHETHER FOR TRAVEL OR OTHERWISE.  INDEGENE DISCLAIMS ANY AND ALL WARRANTIES OF ACCURACY OR SUITABILITY REGARDING VACCINE, TRAVEL, SAFETY OR OTHER RECOMMENDATIONS THAT MAY BE PROVIDED TO YOU ON THE SITE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY. THE SITE DOES NOT PROVIDE A DIAGNOSIS OR OTHER RECOMMENDATION FOR VACCINATION, PREVENTION OR TREATMENT AND IS NOT A SUBSTITUTE FOR THE PROFESSIONAL JUDGMENT OF A HEALTH CARE PROFESSIONAL IN DIAGNOSIS AND TREATMENT OF ANY PERSON OR IN PREVENTION OF ANY CONDITION OR DISEASE. YOU ARE ENCOURAGED TO VERIFY THE INFORMATION PROVIDED BY THE SITE. ANY RELIANCE ON SUCH INFORMATION IS DONE AT THE YOUR FULL AND SOLE RISK AND LIABILITY. The Site uses questions regarding your background and preferences to provide information on health topics, such as contraception, vaccinations, caring for a new baby), that we think may be of interest to you based on the information you have provided. You agree, confirm, and acknowledge that you are aware of the fact that the Site is not intended in any way to serve as a substitute for a face-to-face examination and/or session by a licensed qualified medical professional, is for informational purposes only and not considered medical treatments. You should never rely on or make health or well-being decisions which are primarily based on information provided as through our Site. Furthermore, we strongly recommend that you will consider seeking advice by having an in-person appointment with a licensed and qualified medical professional. Never disregard, avoid, or delay in obtaining medical advice from your doctor or other qualified healthcare provider, by face-to-face appointment, because of information you received through our Site. Indegene accepts no responsibility for your reliance on information resulting from use of the Site. You are advised to exercise a high level of care and caution in your use of the Site.

2. Copyright and Trademark Information
The Site, and the information, files, documents, text, photographs, images, audio, and video which it contains, and any material made available for download on the Site (collectively, the “Content”) are the property of us or our licensors, as applicable. The Site and Contents are protected by United States and international copyright and trademark laws. The Content may not be copied, distributed, modified, reproduced, published, or used, in whole or in part, except for purposes authorized or approved in writing by us. All rights not expressly granted herein are reserved to us and our licensors.

3. Use of Our Content; Security and Restrictions
We authorize you to view or download the Content on the Site solely for your personal, noncommercial use if you do not remove the copyright and other proprietary rights notices which are contained in the Content. You may not copy, distribute, modify, create derivative works of, reproduce, publish, or use, in whole or in part, any Content except for purposes explicitly authorized by these Terms of Use or approved in writing by us. Content and features are subject to change or termination without notice in our editorial discretion. 

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, by (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) accessing or using the Site or any portion thereof without authorization; or (d) introducing any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful. (e) sharing any personal information of other travelers(s) without proper authorization or valid consent. You agree not to use the Site:

In the event access to the Site or a portion thereof is limited by requiring a user ID and password (“Protected Areas”), you agree to access Protected Areas using only your user ID and password as provided to you by us. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activity occurring under your user ID. Your access to the Site may be revoked by us at any time with or without cause. You agree to defend, indemnify and hold us harmless from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by us arising out of your breach of these Terms of Use or violation of applicable law, your use of, or access to, the Site, or access to the Site by anyone using your user ID and password.

If you violate any of these Terms of Use, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.  

 At this time, we do not offer our products and services to individuals outside the United States.

4. Chatbot and Managed Chat Functionality 

The Site may provide a chatbot and managed chat functionality. You agree that we may record and retain a transcript of all communications with you via our chatbot and managed chat tools to provide you with the information given during the chat, the tool itself and for quality and verification purposes. The chatbot and managed chat functionality may provide only for a limited scope of inquiries and may not be monitored in real time. Your use of the Site’s chatbot is governed by these Terms of Use and our Privacy Policy.

5. Links to Other Websites
 From time to time we may provide links to third party websites and services that we think may be of interest to you. We makes no representations whatsoever about any other website that you may access through these websites. When you access third party websites, please understand that they are independent from the Site and us, and that we have no control over the content on that website. In addition, a link to a third party website does not mean that we endorse or accept any responsibility for the Content, or the use, of the linked website. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party website linked to the Site, you do this entirely at your own risk.

6. Limitation of Liability and Disclaimer of Warranties
WE DO NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE ARE PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE. WE DISCLAIM ANY AND ALL WARRANTIES THAT THE ADVICE PROVIDED ON OUR SITE WILL PREVENT OR MITIGATE ANY BODILY HARM, PERSONAL INJURY OR DEATH.  YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, SITE-RELATED SERVICES, AND LINKED SITE. WE DO NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.

YOU AGREE THAT INDEGENE AND ANY THIRD PARTIES MENTIONED ON THE SITE IS NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT, INFORMATION CONTAINED WITHIN THE SITE OR ANY LINKED SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, INSURANCE, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. INDEGENE SHALL HAVE NO LIABILITY TO YOU FOR ANY BODILY HARM, PERSONAL INJURY OR DEATH FOR ANY REASON. IN NO EVENT WILL OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE EXCEED THE LESSER OF THE AMOUNTS YOU ACTUALLY PAID INDEGENE TO USE THE SITE IN THE TWELVE (12) MONTHS PRECEDING THE DATE THE CLAIM AROSE OR ONE HUNDRED DOLLARS ($100) , WHICHEVER IS LOWER IN YOUR JURISDICTION.
Some states do not allow the disclaimer of certain warranties or limitation of certain liabilities so the foregoing disclaimers and warranties may not apply to you.

Any claims arising in connection with your use of the Site or any Content must be brought within one (1) year of the date of the event giving rise to such action occurred. 

7. Indemnification
By using the Site, you agree to indemnify and hold us, our officers, managers, directors, employees, affiliates, agents, attorneys, representatives and members harmless from any and all losses, damages, liabilities, claims, demands, suits, or causes of action (including reasonable attorneys’ fees and costs) arising from your use or misuse of the Site.

8. Copyright Policy

 The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Site infringe your copyright, you (or your agent) may send Indegene a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. The notice must include the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed; 
  2. Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Site is covered by a single notification, a representative list of such works);
  3. Identification of the specific material or link alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Indegene to locate the material on the Site;
  4. Your name, address, telephone number, and email address (if available);
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on   behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Indegene a counter-notice.

Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see https://www.copyright.gov/ for details. Notices and counter-notices with respect to the Site should be sent to info@healthandtravel.com. Consult your attorney and see 17 U.S.C. § 512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA.

9. User Submissions

Except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Policy, any material, information, or other communication you transmit, upload or post to the Site including any ideas, comments, suggestions, feedback, data or the like (“Communications”) will be considered non-confidential and non-proprietary. Indegene will have no obligations with respect to the Communications. Furthermore, you give up all intellectual property rights, including any moral, publicity and privacy rights you have in any Communication. By submitting Communications to Indegene, you agree Indegene is free to use the Communications, without limitation and without any compensation to you, for any purpose whatsoever and in identifiable or de-identifiable form. Indegene and its designees will be free to copy, disclose, distribute, incorporate, commercialize, and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or noncommercial purposes.

10. Suspension; Termination; No Children; 18 and Over Only

Indegene reserves the right to change, suspend, remove, disable or terminate access to the Site and Services at any time without notice, for any or no reason, and with no liability or responsibility to you. We may also impose limits on the use of or access to the Site, in any case and without notice or liability.  These Terms and your license to use the Site are effective until terminated by you or Indegene. You may terminate your agreement with these Terms of Use and your obligations hereunder by ceasing all use of the Site and Services.  If you fail to comply at all times with these Terms, your license to use the Site will terminate automatically. Any continued use after termination may expose you to legal liability and damages, which Indegene may pursue to the fullest extent permitted by law, including the pursuit of money damages or injunctive relief at our discretion.  Upon any termination of the license, you shall cease all use of the Site and Services.

You may only use the Site and Services if you are at least 18 years of age.  If you are not at least 18 years of age, we may delete your account and orders and suspend your use of the Site.

The Site and Services are not intended for children and do not contain any content created for children.  You agree that if you provide us information of any minors including children under 13 years of age, you represent that you are the parent or legal guardian of each such child or minor and that you consent to our collection of information about such child or minor. You further agree (a) to never initiate a claim against Indegene on account of our receiving or storing the information you provide us, and (b) that Indegene may in our sole discretion delete all information of minor individuals or children without notice or liability to you and for any or no reason.  You shall be responsible for all injuries or damages incurred or suffered by Indegene if you violate this paragraph. 

11. Governing Law

All matters relating to the Site and these Terms of Use shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.

12. Waiver

No waiver by us of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of us to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

13. Severability

If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

14. Complete Agreement These Terms of Use constitute the entire agreement between you and us with respect to the use of the Site and Content. Your use of the Site is also subject to the Health and Travel Privacy Policy.

15. Effective Date and Changes to These Terms of Use
The Effective Date of these Terms of Use is set forth at the top of this webpage. We may change these Terms of Use from time to time in our discretion. Changes will be posted to this webpage. We encourage you to return to this webpage frequently so that you are aware of our current Terms of Use. Your continued use of the Site after the Effective Date constitutes your acceptance of the amended Terms of Use. The amended Terms of Use supersede all previous versions.

16. Survival

The provisions of these Terms of Use which by their nature should survive the termination of these Terms of Use shall survive such termination.

17. Contact Information
Please send all questions, comments, and notices regarding these Terms of Use to info@healthandtravel.com.

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