Please read over these Payments Terms of Service attentively since they have crucial information regarding your rights, remedies and duties. By using the Payment Service, you consent to conform to and be bound with these Payments Terms of Service.
Please note: These Payments Terms of Service contains an arbitration clause and class action waiver that applies to all Users. In the event that you dwell in the United States, this arrangement applies to all disputes with Health Care Travels. In the event that you dwell outside of the United States, this arrangement applies to any activity you bring against Health Care Travels in the United States. It influences how questions with HCT are settled. By tolerating these Payments Terms of Service, you consent to be bound by this arbitration statement and class activity waiver. If it's not too much trouble read it carefully to get full understanding.
Last Updated: October 1st, 2021
These Payment Terms of Services ("Payments Terms of Service") constitute a legally binding agreement ("Contract") between you personally and Health Care Travels Payments, Health Care Travels, LLC regulating the Payment Services (Described Below) Carried out in or through relationship together with all the Health Care Travels Platform
Whenever these Payments Terms of Service point out "Health Care Travels Payments," "we," "us" or "our" it pertains to this Health Care Travels Payments company you are contracting with for Payment Services, which may possibly function as Health Care Travels Payments, LLC.
If your Country of Residence is the USA, You're contracting with Health Care Travels Payments US, a subsidiary of Health Care Travels, LLC and with Health Care Travels, LLC.
If you change your Country of Residence, the Health Care Travels company you contract with will generally be determined by your new Country of Residence as specified above, from the date on which your Country of Residence changes. Please note, however, that the Health Care Travels company with which you contract will stay the same for all bookings made prior to your Change of Residence.
In some specific conditions, users could possibly have to come right into specific payment processing arrangements with Health Care Travels. On the extent that there's a battle between those Payment Conditions and provisions and terms put forth in virtually any appropriate payment processing arrangement, the latter stipulations and terms will probably take precedence, except if given differently.
1. Scope and Application of this Payment Services
1.1 Health Care Travels supplies payments services to users, for example, payment collection services, payouts, and payments, according to and throughout the Health Care Travels Platform ("Payment Services"). Please keep in mind that "Payment Services" include Health Care Travels services related to complementary Listings supplied through Health Care Travels Open Properties Method.
1.2 Health Care Travels can regulate the access to the payment services, or selected features or services thereof, to hold out servicing measures which make certain the improved or proper operation of the payment services. Health Care Travels can boost, improve and alter the payment services and present new Payment Services every once in a while.
1.3 The Payment Services could contain connections to third-party websites or resources ("Third-Party Services"). Such third-party services are at the mercy of distinct stipulations and privacy methods and also users should examine these individually. Health Care Travels isn't liable or responsible for its availability or accuracy of this sort of third-party services, or even this material, services, and products, or services readily available from these kinds of third-party services. Back Links to these third-party Services aren't an endorsement by Health Care Travels of these Third-Party Services.
1.4 You agree not to make use of the Payment Services other than as authorized by United States law, the legislation of this authority that's the Country of Residence, along with other laws that are applicable. Specifically, but without restriction, the Payment Services may not be utilized to send or receive funds: (I) into any United States embargoed countries; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied person List or Entity List. You represent and warrant that: (i) neither you nor your Property Owner Services are located or take place in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. In addition to complying with the above, you must also comply with any relevant export control laws in your local jurisdiction.
1.5 Your access to use specific Payment Services can be susceptible to either, or even ask that you simply accept added terms and conditions. When there's an issue between those Payments Terms and provisions and terms appropriate to get a particular Payment Service, the latter stipulations and terms will take precedence with regard to the use of access compared to that Payment Service, unless defined differently.
2. Key Terms
"Country of Residence" indicates the authority connected to your Health Care Travels Account as ascertained by Health Care Travels's appraisal of one's house utilizing a variety of data features related to your Health Care Travels Account.
"Payout" means that a payment pioneered by Health Care Travels Payments into some Part for services (like List Agreements or Co Host services Service Fees) conducted in relationship together with all the Health Care Travels Platform.
"Payment Method" implies a fiscal tool which you've added into a Health Care Travels Account, like a credit card, bank card, bank account number and routing number or paypal account.
"Pay-out Method" implies a fiscal tool which you've inserted into a Health Care Travels Account, like for instance a paypal account, direct deposit, bank account number and routing number, even an prepaid credit card, or even perhaps a bank card (wherever accessible).
3. Modification of those concessions Requirements
Health Care Travels reserves the privilege to alter those Payments Terms at any moment in agreement with the particular provision. When we make alterations to those Payments Terms, we'll upload the Latest Payments Terms to the Health Care Travels Platform and then update the "Last Updated" date on the summit of our Payments Requirements. We'll likewise offer you with note by e-mail of this alteration no less than thirty (30) days until the day they get efficient. In the event you disagree with all the Payments Requirements, you can terminate this contract with immediate removal. We will inform you about your right of refusal and your right to terminate this Agreement in the notification email. In the event you don't terminate your contract the day that the revised Terms become effective, your continuing utilization of these Payment Services will constitute approval of the Payments Terms.
4. Qualification, User Verification
4.1 You have to be at least 18 yrs of age and can access legally binding contracts to use the Payment Services. By utilizing the Payment Services that you warrant and represent that you are 18 or older.
4.2 If you're consenting to such Payments Terms with respect to a business or other authorized entity, you warrant and represent you've got the ability to bind that entity or other lawful thing to such Payments Terms and, even in this scenario, "you" and "your" will refer and also connect with this organization or other lawful entity.
4.3 Health Care Travels can create access to specified locations or characteristics of this Payment Services subject to certain requirements or conditions, like a verifying procedure or fulfilling certain eligibility standards.
4.4 We can produce queries we believe essential to assist and check or verify your identity or protect against fraud. Towards the conclusion, you authorize Health Care Travels to monitor you versus 3rd party databases along with alternative origins and ask for reports from service providers. In a few jurisdictions, we've got a valid responsibility to get individual advice to obey anti-money laundering policies. This may include (i) requesting one to extend a kind of govt identification (e.g., motorist's permit/License or passport), your date of birth, your address, as well as other information; (ii) necessitating one to simply take action to ensure possession of one's current email address, and Payment Methods and/or Payout Methods; or (iii) wanting to monitor your info contrary to databases that are third-party.) Health Care Travels reserves the privilege to close, suspend, or restrict accessibility to Payment Services if we can't obtain or verify any of the provided information.
5. Account Registration
5.1 To utilize the Payment Services, you need to have a Health Care Travels Account in good standing. In the event that you or Health Care Travels shuts your Health Care Travels account fully for almost any cause, you won't further be capable of using the Payment Services.
5.4 ACH payments powered by our third-party payment processor are only available within the United States. All users of payment services powered by our third-party payment processor must be in the United States of America.
6. Payment Procedures and Pay-out Techniques
6.1 If you put in a Payment Method or Payout Method to a Health Care Travels Account, then you are going to soon be requested to supply standard billing details like name, billing address, along with financial info to Health Care Travels or its third-party payment processors(s). You have to offer true, current, and comprehensive information if adding a Payment Method or Payout Method, plus it's the duty of you to continue to keep Your Payment Method along with the Pay-out method up to date at all times. The information needed for Pay-out Methods will Be Based on the Specific Pay-out Method and may include:
- Your home address, name on your accounts, account type, routing number, account number, current email, payout currency, and also accounts information related to a specific payment processor.
6.2 When you add or use a new Payment Method, Health Care Travels may verify the Payment Method by authorizing a nominal amount or by authenticating your account via a third-party payment service provider. For further verification, we may also (i) authorize your Payment Method for one or two additional nominal amounts, and ask you to confirm these amounts, or (ii) require you to upload a billing statement. We may, and retain the right to, initiate refunds of these amounts from your Payout Method. When you add a Payment Method during checkout, we will automatically save that Payment Method to your Health Care Travels Account so it can be used for a future transaction.
6.3 Please note that Payment Methods and Payout Methods may involve the use of third-party payment service providers. These service providers may charge/electronically withdraw you additional fees when processing payments and Payouts in connection with the Payment Services (including deducting charges from the Payout amount), and Health Care Travels is not responsible for any such fees and disclaims all liability in this regard. Your Payment Method or Payout Method may also be subject to additional terms and conditions imposed by the applicable third-party payment service provider; please review these terms and conditions before using your Payment Method or Payout Method.
6.4 You authorize Health Care Travels to store your Payment Method information and charge/electronically withdraw your Payment Method as outlined in these Payments Terms. If your Payment Method’s account information changes (e.g., account number, routing number, expiration date) as a result of re-issuance or otherwise, we may acquire that information from our financial services partner or your bank and update your Payment Method on file in your Health Care Travels Account.
6.5 You are solely responsible for the accuracy and completeness of your Payment Method and Payout Method information. Health Care Travels is not responsible for any loss suffered by you as a result of incorrect Payment Method or Payout Method information provided by you.
6.6 By entering your bank details you understand and agree this is your bank account and matches with the Health Care Travels user profile on this account and the verification documents submitted to use the platform.
7. Financial Terms for Property Owners
Generally speaking, Health Care Travels will collect the Total Fees from a Traveler at the time the Traveler’s booking request is accepted by the property owner, or at any other time mutually agreed between the Traveler and Health Care Travels.
7.2.1 In order to receive a Payout you must have a valid Payout Method linked to your Health Care Travels Account. Health Care Travels will generally initiate Payouts to your selected Payout Method: (i) for Accommodations within 24 hours of the Travelers scheduled check-in time (or within 24 hours of 3:00 pm local time - or 3:00 pm UTC if local time is unknown - if the check-in time is flexible or not specified); and (ii) for all other Traveler and Property Owner Services at the time specified via the Health Care Travels Platform. (iii) Payouts are released once the traveler has safely checked in and agrees that the accommodation is as it appears on Health Care Travels website. In the event we are unable to hear from the traveler that is safely checked in we will release payment in 48 hours. (iii) Automatic payout on recurring monthly reservations which have already met the above (i-iii) standards.
7.2.2 The time it takes to receive Payouts once released by Health Care Travels may depend upon the Payout Method you select and the Payout Method provider’s processing schedule. Health Care Travels may delay or cancel any Payout for purposes of preventing unlawful activity or fraud, risk assessment, security, or investigation.
7.2.3 Your Payout for a booking will be the Listing Fee less applicable Property Owner Fees.
7.2.4 In the event of a Travelers cancellation of a confirmed booking, Health Care Travels will remit a Payout of any portion of the Total Fees due to you under the applicable cancellation policy.
7.2.5 Health Care Travels will remit your Payouts in your currency of choice, depending upon your selections via the Health Care Travels Platform and as further set out in Section 12. Amounts may be rounded up or down as described in the Health Care Travels Terms.
7.2.6 For compliance or operational reasons, Health Care Travels may limit the value of each individual Payout. If you are due an amount above that limit, Health Care Travels may initiate a series of Payouts (potentially over multiple days) in order to provide your full payout amount.
7.2.7 Health Care Travels will remit Recurring Payouts to property owners who have reservations for 30+ days. Ex: If the traveler is reserving a booking over 30 days depending on the length of stay, Health Care Travels will initiate collecting Total Fees from the Traveler on the same date of each month. Once Total Fees from the Traveler are received, property owners should expect a payout 48hours after Health Care Travels receives payment from the traveler during the duration of their reservation.
8. Financial Terms for Travelers
8.1 You authorize Health Care Travels to charge/electronically withdraw your Payment Method the Total Fees for any booking requested in connection with your Health Care Travels Account. Health Care Travels will collect the Total Fees in the manner agreed between you and Health Care Travels via the Health Care Travels Platform. Health Care Travels will generally collect the Total Fees after the property owner accepts your booking request. Health Care Travels may offer alternative options for the timing and manner of payment. For example, in some cases, Travelers may be required to pay or have the option to pay for Property Owner Services in multiple installments. Any additional fees for using offered payment options will be displayed via the Health Care Travels Platform and included in the Total Fees, and you agree to pay such fees by selecting the payment option. Additional terms and conditions may apply for the use of an alternative payment option. If Health Care Travels is unable to collect the Total Fees as scheduled, Health Care Travels will collect the Total Fees at a later point. Once the payment transaction for your requested booking is successfully completed, you will receive a confirmation email.
8.2 When you request to book a Listing, Health Care Travels may also (i) obtain a pre-authorization via your Payment Method for the Total Fees,(ii) charge/electronically withdraw or authorize your Payment Method a nominal amount, to verify your Payment Method, or (iii) authenticate your account via a third-party payment service provider to verify your Payment Method.
8.3 If a requested booking is canceled either because it is not accepted by the property owner or you cancel the booking request before it is accepted by the property owner, any amounts collected by Health Care Travels will be refunded to you, and any pre-authorization of your Payment Method will be released (if applicable). The timing to receive the refund or for the pre-authorization to be released will vary based on the Payment Method and any applicable payment system (e.g., Visa, MasterCard, etc.) rules.
8.4 You authorize Health Care Travels to perform the Payment Method verifications described in Sections 6 and 8 and to charge/electronically withdraw your Payment Method for any bookings made in connection with your Health Care Travels Account. You hereby authorize Health Care Travels to collect any amounts due, by charging the Payment Method provided at checkout, either directly by Health Care Travels or indirectly, via a third-party online payment processor, and/or by one or more of the payment methods available on the Health Care Travels Platform (such as gift cards).
8.5 You authorize Health Care Travels to charge/electronically withdraw your Payment Method the Total Fees for any recurring payments. Ex: If the traveler is reserving a booking over 30 days depending on the length of stay, Health Care Travels will charge/electronically withdraw total fees from the Travelers Payment Method on the same date of each month for Total Fees to pay for the reservation. Travelers should expect recurring payments during the duration of their reservation.
9. Appointment of Health Care Travels Payments as Limited Payment Collection Agent
9.1 Each User collecting payment for services provided via the Health Care Travels Platform (such as Property Owner Services, Co-Host Services, or certain transactions facilitated through the Resolution Center) (“Providing User”) hereby appoints Health Care Travels as the Providing User’s payment collection agent solely for the limited purpose of accepting funds from Users purchasing such services (“Purchasing Users”).
9.2 Each Providing User agrees that payment made by a Purchasing User through Health Care Travels, shall be considered the same as a payment made directly to the Providing User, and the Providing User will provide the purchased services to the Purchasing User in the agreed-upon manner as if the Providing User has received the payment directly from the Purchasing User. Each Providing User agrees that Health Care Travels may refund the Purchasing User in accordance with the Health Care Travels Terms. Each Providing User understands that Health Care Travels’ obligation to pay the Providing User is subject to and conditional upon successful receipt of the associated payments from Purchasing Users. Health Care Travels guarantees payments to Providing Users only for such amounts that have been successfully received by Health Care Travels from Purchasing Users in accordance with these Payments Terms. In accepting an appointment as the limited payment collection agent of the Providing User, Health Care Travels assumes no liability for any acts or omissions of the Providing User.
9.3 Each Purchasing User acknowledges and agrees that, notwithstanding the fact that Health Care Travels is not a party to the agreement between you and the Providing User, Health Care Travels acts as the Providing User’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Providing User. Upon your payment of the funds to Health Care Travels, your payment obligation to the Providing User for the agreed-upon amount is extinguished, and Health Care Travels is responsible for remitting the funds to the Providing User in the manner described in these Payments Terms, which constitute Health Care Travels’ agreement with the Purchasing User. In the event that Health Care Travels does not remit any such amounts, the Providing User will have recourse only against Health Care Travels and not the Purchasing User directly.
10. General Financial Terms
Health Care Travels may charge/electronically withdraw fees for use of certain Payment Services and any applicable fees will be disclosed to Users via the Health Care Travels Platform.
10.2 Payment Authorizations
You authorize Health Care Travels to collect from you amounts due pursuant to these Payment Terms or the Health Care Travels Terms. Specifically, you authorize Health Care Travels to collect from you:
- Any amount due to Health Care Travels (e.g., as a result of your bookings, Booking Modifications, cancellations, or other actions as a Traveler, Agency, Co-Payer, Property Owner or Co-Host or user of the Health Care Travels Platform), including reimbursement for costs prepaid by Health Care Travels on your behalf, by charging any Payment Method on file in your Health Care Travels Account (unless you have previously removed the authorization to charge/electronically withdraw such Payment Method(s)) or by withholding such amounts from your future Payouts. Any funds collected by Health Care Travels will set off the amount owed by you to Health Care Travels and extinguish your obligation to Health Care Travels.
- Any amount due to a Providing User from a Purchasing User which Health Care Travels collects as the Providing User’s payment collection agent as further set out in Section 9 above.
- Taxes, where applicable and as set out in the Health Care Travels Terms.
- Any amount paid through the Resolution Center in connection with your Health Care Travels Account. Health Care Travels may do so by charging the Payment Method associated with the relevant booking, or any other Payment Method on file in your Health Care Travels Account (unless you have previously removed the authorization to charge/electronically withdraw such Payment Method(s)), or by withholding the amount from your future Payouts.
- Overstay Fees payable under the Health Care Travels Terms. In addition, Health Care Travels may recover any costs and expenses it incurs in collecting the Overstay Fees by charging any Payment Method(s) you have on file in your Health Care Travels Account (unless you have previously removed the authorization to charge/electronically withdraw such Payment Method(s)).
- Any Service Fees or cancellation fees imposed pursuant to the Health Care Travels Terms (e.g., if, as a Property Owner, you cancel a confirmed booking). Health Care Travels will be entitled to recover the amount of any such fees from you, including by subtracting such refund amount out from any future Payouts due to you.
- Fees improperly paid to you as a Property Owner or Co-Host. If, as a Property Owner or Co-Host, your Traveler cancels a confirmed booking or Health Care Travels decides that it is necessary to cancel a confirmed booking, and Health Care Travels issues a refund to the Traveler in accordance with the Health Care Travels Terms, Traveler Refund Policy, Extenuating Circumstances Policy, or other applicable Cancellation Policy, you agree that in the event you have already been paid, Health Care Travels will be entitled to recover the amount of any such refund from you, including by subtracting such refund amount out from any future Payouts due to you.
- Fees, costs, and/or expenses associated with a Damage Claim, including any Security Deposit, as set out in the Health Care Travels Terms. If Health Care Travels is unable to collect from your Payment Method used to make the booking, you agree that Health Care Travels may charge/electronically withdraw any other Payment Method on file in your Health Care Travels Account at the time of the Damage Claim (unless you have previously removed the authorization to charge/electronically withdraw such Payment Method(s)). Health Care Travels also reserves the right to otherwise collect payment from you and pursue any remedies available to Health Care Travels in this regard in situations in which you are responsible for a Damage Claim, including, but not limited to, in relation to any payment requests made by Property Owners.
- Fees payable by Co-Payers as part of the Group Payment Service by charging any Payment Method on file in your Health Care Travels Account (unless you have previously removed the authorization to charge/electronically withdraw such Payment Method(s)), or by withholding such amounts from your future Payouts. Any funds collected by Health Care Travels will set off the amount owed by you to Health Care Travels and extinguish your obligation to Health Care Travels.
In addition to any amount due as outlined above, if there are delinquent amounts or chargebacks associated with your Payment Method, you may be charged fees that are incidental to our collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees, or other third-party charges.
10.3.1 Any refunds or credits due to a User pursuant to the Health Care Travels Terms will be initiated and remitted by Health Care Travels.
10.3.2 All refunds may be subject to the Health Care Travels Terms, Extenuating Circumstances Policy, and Traveler Refund Policy. If a Traveler or Health Care Travels decides for any reason to cancel a confirmed booking pursuant to the Health Care Travels Terms, Traveler Refund Policy, or Extenuating Circumstances Policy, you agree that Health Care Travels will not have any liability for such cancellations or refunds aside from its obligations to remit refunds or Payouts pursuant to these Payments Terms.
10.4 Recurring Payments
10.4.1 For certain bookings (such as for Accommodation Bookings of Thirty (30) nights or more), Health Care Travels may require a Traveler to make recurring, incremental payments toward the Total Fees owed (“Recurring Payments”). More information on Recurring Payments (including the amount and the frequency of payments) will be made available via the Health Care Travels Platform if applicable to a booking.
10.4.2 If Recurring Payments apply to a confirmed booking, then the Traveler authorizes Health Care Travels to collect the Total Fees, and the Property Owner agrees that Health Care Travels will initiate Payouts, in the increments and at the frequency agreed to and identified via the Health Care Travels Platform.
10.4.3 Travelers may stop payment of a Recurring Payment by notifying Health Care Travels orally or in writing at least three (3) business days before the scheduled date of the payment. Health Care Travels may require that you give written confirmation of a stop-payment order within fourteen (14) days of any oral notification. If you fail to provide written confirmation within fourteen (14) days as requested, Health Care Travels is not obligated to honor your request to stop any future Recurring Payments. If you have any questions regarding your Recurring Payments, please contact Health Care Travels pursuant to Section 25.
10.5 Payment Processing Errors
We will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same Payout Method or Payment Method used for the original payout to or payment by you so that you end up receiving or paying the correct amount. This may be performed by Health Care Travels or a third party such as your financial institution.
If Health Care Travels is unable to collect any amounts you owe under these Payments Terms, Health Care Travels may engage in collection efforts to recover such amounts from you. Health Care Travels will deem any owed amounts overdue when: (a) for authorized charges/electronically withdraw, ninety (90) days have elapsed after Health Care Travels first attempt to charge/electronically withdraw the User’s Payment Method or the associated services have been provided, whichever is later; and (b) for withholdings from a Property Owners future Payouts, one hundred and eighty (180) days have elapsed after the adjustment is made to the Property Owners account or the associated services have been provided, whichever is later. Any overdue amounts not collected within one hundred and eighty (180) days after they become overdue will be deemed to be in default. You hereby explicitly agree that all communication in relation to amounts owed will be made by electronic mail or by phone, as provided to Health Care Travels and/or Health Care Travels by you. Such communication may be made by Health Care Travels, Health Care Travels, or by anyone on their behalf, including but not limited to a third-party collection agent.
11. Security Deposits
11.1 If you as a Traveler (i) agree to pay the Property Owner in connection with a Damage Claim, or (ii) Health Care Travels determines that you are responsible for damaging an Accommodation or any personal or other property located at an Accommodation pursuant to the Health Care Travels Terms, you authorize Health Care Travels to charge/electronically withdraw the Payment Method used to make the booking in order to collect any Security Deposit associated with the Listing, as well as any amount of the Damage Claim exceeding any Security Deposit. If the listing does not have a Security Deposit, Health Care Travels may charge/electronically withdraw the Payment Method used to make the booking for the amount of the Damage Claim. If we are unable to collect from your Payment Method used to make the booking, you agree that Health Care Travels may charge/electronically withdraw any other Payment Method on file (and not otherwise unauthorized) in your Health Care Travels Account at the time of the Damage Claim.
11.2 Health Care Travels also reserves the right to otherwise collect payment from you and pursue any remedies available to Health Care Travels in situations in which you are responsible for a Damage Claim, including, but not limited to, in relation to any payment requests made by Property Owners.
12. Currency Conversion
Health Care Travels will process each transaction in the currency the User selects via the Health Care Travels Platform. The currencies available to make and receive payments for any given transaction may be limited for regulatory or operational reasons based on factors such as the User’s selected Payment Method or Payout Method and/or the User’s Country of Residence or Health Care Travels contracting entity(ies). Any such limitations will be communicated via the Health Care Travels Platform, and you will be prompted to select a different currency, Payment Method or Payout Method. Note that a User’s third-party payment service provider may impose transaction, currency conversion or other fees based on the currency or Payment Method the User selects to make or receive payments, and Health Care Travels is not responsible for any such fees and disclaims all liability in this regard.
13. Abandoned Property
If we cannot initiate a Payout, refund, or pay other funds due to you for the relevant period of time set forth by your state, country, or other governing body in its unclaimed property laws, we may process the funds due to you in accordance with our legal obligations, including by submitting such funds to the appropriate governing body as required by law.
14. Prohibited Activities
You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Payment Services. In connection with your use of the Payment Services, you may not and you agree that you will not and will not assist or enable others to:
- breach or circumvent any applicable laws or regulations, agreements with third parties, third-party rights, or the Health Care Travels Terms, Policies, or Standards;
- use the Payment Services for any commercial or other purposes that are not expressly permitted by these Payments Terms;
- register or use any Payment Method or Payout Method with your Health Care Travels Account that is not yours or you do not have the authorization to use;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Health Care Travels or any of Health Care Travels’ providers or any other third party to protect the Payment Services;
- take any action that damages or adversely affects, or could damage or adversely affect, the performance or proper functioning of the Payment Services;
- attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Payment Services; or
- violate or infringe anyone else’s rights or otherwise cause harm to anyone.
15. Intellectual Property Ownership, Rights Notices
15.1 The Payment Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Payment Services, including all associated intellectual property rights, are the exclusive property of Health Care Travels, Health Care Travels, and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Payment Services. All trademarks, service marks, logos, trade names, and any other proprietary designations of Health Care Travels or Health Care Travels used on or in connection with the Payment Services are trademarks or registered trademarks of Health Care Travels or Health Care Travels in the United States and abroad. Trademarks, service marks, logos, trade names, and any other proprietary designations of third parties used on or in connection with Payment Services are used for identification purposes only and may be the property of their respective owners.
15.2 You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the Payment Services, except as expressly permitted in these Payments Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Health Care Travels, Health Care Travels, or its licensors, except for the licenses and rights expressly granted in these Payments Terms.
We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Payment Services (“Feedback”). You may submit Feedback by emailing us, through the “Contact” section of the Health Care Travels Platform, or pursuant to Section 25 (“Contacting Health Care Travels”). Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting 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.
17.1 If you choose to use the Payment Services, you do so voluntarily and at your sole risk. To the maximum extent permitted by law, the Payment Services are provided “as is”, without warranty of any kind, either express or implied.
17.2 Notwithstanding Health Care Travels’ appointment as the limited payment collection agent of Providing Users for the purposes of accepting payments from Purchasing Users through the Health Care Travels Platform, Health Care Travels explicitly disclaims all liability for any act or omission of any User or other third party. Health Care Travels does not have any duties or obligations as agent for each Providing User except to the extent expressly set forth in these Payments Terms, and any additional duties or obligations as may be implied by law are, to the maximum extent permitted by applicable law, expressly excluded.
17.3 If we choose to conduct identity verification on any User, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a User or guarantee that a User will not engage in misconduct in the future.
17.4 The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights or warranties which cannot lawfully be excluded. However, the duration of any statutorily required warranties shall be limited to the maximum extent (if any) permitted by law.
18.1 You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Payment Services remains with you. If you permit or authorize another person to use your Health Care Travels Account in any way, you are responsible for the actions taken by that person. Neither Health Care Travels nor any other party involved in creating, producing, or delivering the Payment Services will be liable for any incidental, special, exemplary, or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Payments Terms, (ii) from the use of or inability to use the Payment Services, or (iii) from any communications, interactions, or meetings with other Users or other persons with whom you communicate, interact, transact, or meet with as a result of your use of the Payment Services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not Health Care Travels has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Except for our obligations to pay amounts to applicable Providing Users pursuant to these Payments Terms, in no event will Health Care Travels’ aggregate liability arising out of or in connection with these Payments Terms and your use of the Payment Services including, but not limited to, from your use of or inability to use the Payment Services, exceed the amounts you have paid or owe for bookings via the Health Care Travels Platform as a Traveler in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Property Owner or Co-Host, the amounts paid by Health Care Travels to you in the twelve (12) month period prior to the event giving rise to the liability, or one hundred U.S. dollars (US$100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Health Care Travels and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. If you reside outside of the U.S., this does not affect Health Care Travels’ liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.
You agree to release, defend (at Health Care Travels’ option), indemnify, and hold Health Care Travels and its affiliates and subsidiaries, and their officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Payments Terms; (ii) your improper use of the Payment Services; (iii) Health Care Travels’ Collection and Remittance of Occupancy Taxes; or (iv) your breach of any laws, regulations, or third-party rights.
20. Termination, Suspension, and other Measures
20.1 You may terminate this Agreement at any time by sending us an email, or by following the termination procedures specified in the Health Care Travels Terms. Terminating this Agreement will also serve as notice to cancel your Health Care Travels Account pursuant to the Health Care Travels Terms. If you cancel your Health Care Travels Account as a Property Owner, Health Care Travels will provide a full refund to any Travelers with confirmed booking(s). If you cancel your Health Care Travels Account as a Traveler, Health Care Travels will initiate a refund for any confirmed booking(s) based on the Listing’s cancellation policy.
20.2 Without limiting our rights specified below, Health Care Travels may terminate this Agreement for convenience at any time by giving you thirty (30) days' notice via email to your registered email address.
20.3 Health Care Travels may immediately, without notice terminate this Agreement if (i) you have materially breached your obligations under this Agreement; (ii) you have provided inaccurate, fraudulent, outdated, or incomplete information; (iii) you have violated applicable laws, regulations, or third-party rights; or (iv) Health Care Travels believes in good faith that such action is reasonably necessary to protect other Users, Health Care Travels, Health Care Travels, or third parties (for example in the case of fraudulent behavior of a User).
20.4 In addition, Health Care Travels may limit or temporarily or permanently suspend your use of or access to the Payment Services (i) to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, or if (ii) you have breached these Payments Terms, the Health Care Travels Terms, applicable laws, regulations or third-party rights, (iii) you have provided inaccurate, fraudulent, outdated, or incomplete information regarding a Payment Method or Payout Method, or (iv) Health Care Travels believes in good faith that such action is reasonably necessary to protect the personal safety or property of Health Care Travels, its Users, Health Care Travels, or third parties, or to prevent fraud or other illegal activity.
20.5 In case of non-material breaches and where appropriate, you will be given notice of any measure by Health Care Travels and an opportunity to resolve the issue to Health Care Travels' reasonable satisfaction.
20.6 If you are a Property Owner and we take any of the measures described in this Section we may refund your Travelers in full for any and all confirmed bookings, irrespective of preexisting cancellation policies, and you will not be entitled to any compensation for pending or confirmed bookings that were canceled.
20.7 If your access to or use of the Payment Services has been limited or this Agreement has been terminated by us, you may not register a new Health Care Travels Account or attempt to access and use the Payment Services through a Health Care Travels Account of another User.
20.8 if you or we terminate this Agreement, the clauses of these Payments Terms that reasonably should survive termination of these Payments Terms will remain in effect.
21. Applicable Law and Jurisdiction
21.1 If you are contracting with Health Care Travels US, these Payments Terms will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the Arbitration Agreement in Section 23 must be brought in the state or federal court in Houston, Texas unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in Houston, Texas.
22. Dispute Resolution and Arbitration Agreement
22.1 This Dispute Resolution and Arbitration Agreement shall apply if you (i) are contracting with Health Care Travels US; or (ii) bring any claim against any Health Care Travels entity in the United States (to the extent not in conflict with Section 21).
22.2 Overview of Dispute Resolution Process. Health Care Travels is committed to participating in a consumer-friendly dispute resolution process. To that end, these Payments Terms provide for a two-part process for individuals to whom Section 23.1 applies: (1) an informal negotiation directly with Health Care Travels’ customer service team, and (2) a binding arbitration administered by the American Arbitration Association (“AAA”) using its specially designed Consumer Arbitration Rules (as modified by this Section 22 and except as provided in Section 22.6). Specifically, the Consumer Arbitration Rules provide:
- Claims can be filed with AAA online (www.adr.org);
- Arbitrators must be neutral and no party may unilaterally select an arbitrator;
- Arbitrators must disclose any bias, interest in the result of the arbitration, or relationship with any party;
- Parties retain the right to seek relief in small claims court for certain claims, at their option;
- The initial filing fee for the consumer is capped at $200;
- The consumer gets to elect the hearing location and can elect to participate live, by phone, video conference, or, for claims under $25,000, by the submission of documents;
- The arbitrator can grant any remedy that the parties could have received in court to resolve the party’s individual claim.
22.3 Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you and Health Care Travels each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact Health Care Travels’ customer service team by emailing us. If after a good faith effort to negotiate one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org) provided to the other party, as specified in the AAA Rules.
22.4 Agreement to Arbitrate. You and Health Care Travels mutually agree that any dispute, claim, or controversy arising out of or relating to these Payments Terms or the breach, termination, enforcement, or interpretation thereof, or to the use of the Payment Services (collectively, “Disputes”) will be settled by binding arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Health Care Travels agree that the arbitrator will decide that issue.
22.5 Exceptions to Arbitration Agreement. . You and Health Care Travels each agrees that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) Any claim related to actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).
22.6 Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules“) then in effect, except as modified here. The AAA Rules are available at www.adr.org or by calling the AAA at 1–800–778–7879.
22.7 Modification to AAA Rules - Arbitration Hearing/Location.. In order to make the arbitration most convenient to you, Health Care Travels agrees that any required arbitration hearing may be conducted, at your option, (a) in the county where you reside; (b) in Harris County; (c) in any other location to which you and Health Care Travels both agree; (d) via phone or video conference; or (e) for any claim or counterclaim under $25,000, by solely the submission of documents to the arbitrator.
22.8 Modification of AAA Rules - Attorney’s Fees and Costs. You and Health Care Travels agree that Health Care Travels will be responsible for payment of the balance of any initial filing fee under the AAA Rules in excess of $200 for claims of $75,000 or less. You may be entitled to seek an award of attorney fees and expenses if you prevail in arbitration, to the extent provided under applicable law and the AAA rules. Unless the arbitrator determines that your claim was frivolous or filed for the purpose of harassment, Health Care Travels agrees it will not seek, and hereby waives all rights it may have under applicable law or the AAA rules, to recover attorneys’ fees and expenses if it prevails in arbitration.
22.9 Arbitrator’s Decision. . The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
22.10 Jury Trial Waiver.You and Health Care Travels acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.
22.11 No Class Actions or Representative Proceedings. You and Health Care Travels acknowledge and agree that we are each waiving the right to participate as a plaintiff or class User in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding as to all Disputes. Further, unless you and Health Care Travels both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If this paragraph is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute.
22.12 Severability. Except as provided in Section 22.11, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.
22.13 Changes. Notwithstanding the provisions of Section 3 (“Modification of these Payments Terms”), if Health Care Travels changes this Section 22 (“Dispute Resolution and Arbitration Agreement'') after the date you last accepted these Payments Terms (or accepted any subsequent changes to these Payments Terms), you may reject any such change by sending us written notice (including by email) within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Health Care Travels’ email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Health Care Travels in accordance with the provisions of the “Dispute Resolution” section as of the date you last accepted these Payments Terms (or accepted any subsequent changes to these Payments Terms).
22.14 Survival.Except as provided in Section 22.12 and subject to Section 20.8, this Section 22 will survive any termination of these Payments Terms and will continue to apply even if you stop using the Payment Services or terminate your Health Care Travels Account.
23. General Provisions
23.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines, or standards, these Payments Terms constitute the entire Agreement between Health Care Travels and you regarding the subject matter hereof and supersede any and all prior oral or written understandings or agreements between Health Care Travels and you regarding the Payment Services.
23.2 No joint venture, partnership, employment, or agency relationship exists between you or Health Care Travels as a result of this Agreement or your use of the Payment Services.
23.3 If any provision of these Payments Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
23.4 Health Care Travels’ failure to enforce any right or provision in these Payments Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Payments Terms, the exercise by either party of any of its remedies under these Payments Terms will be without prejudice to its other remedies under these Payments Terms or otherwise permitted under law.
23.5 You may not assign, transfer, or delegate this Agreement and your rights and obligations hereunder without Health Care Travels’ prior written consent. Health Care Travels may without restriction assign, transfer, or delegate this Agreement and any rights and obligations, at its sole discretion, with thirty (30) days prior notice. Your right to terminate this Agreement at any time remains unaffected.
23.6 This Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. Notwithstanding the foregoing, the parties agree that the payment card networks are third-party beneficiaries of this Agreement for purposes of enforcing provisions related to payments, but that their consent or agreement is not necessary for any changes or modifications to this Agreement.
23.7 Unless specified otherwise, any notices or other communications permitted or required under this Agreement, will be in writing and given by Health Care Travels via email, Health Care Travels Platform notification, or messaging service (including SMS).
24. Contacting Health Care Travels Payments
You may contact Health Care Travels Payments regarding the Payment Services using the information below:
These Payments Terms are available at https://healthcaretravels.com/payment-terms Health Care Travels Payments will provide a copy of these Payments Terms on request. If you have any questions about these Payments Terms, please email us at [email protected]