Terms of Use

These Terms of Use define the terms by which you may use the EasyVax scheduler, platform and services provided by EasyVax and are an agreement between you, Lextech Global Services Corporation, the application developer and GSK, LLC the application owner and their subsidiaries (“Company”, “we” or “us”). These Terms of Use apply to your use of the EasyVax scheduler, The scheduler can be used by end users (“End Users”) and licensed healthcare professionals (“Professional Users”) (referred to collectively as “you” or “Users”). The Privacy Notice also forms part of these Terms of Use. Any reference to our Terms of Use includes all such policies.

By using the EasyVax scheduler, you expressly acknowledge that you have read, accept, and agree to be bound by them, as well as any applicable laws hereunder. You should not use the EasyVax scheduler if you do not agree to these Terms of Use.

  1. CHANGES TO THE TERMS OF SERVICE. We reserve the right, at our sole discretion, to change, modify or alter the Terms of Use, inclusive of the Privacy Notice, at any time. Such changes shall become effective immediately upon the posting thereof. You must review the Terms of Use on a regular basis to keep yourself apprised of any changes.
  2. ELIGIBILITY TO USE OUR SERVICES. Only adults, who are at least eighteen (18) years of age, located in the United States of America, are eligible to use our scheduler. You may use the scheduler to facilitate obtaining or obtain healthcare services for a minor if you are the minor’s parent or legal guardian. In addition, you must be fully competent to enter into and to comply with these Terms of Use. You represent and warrant that you have the right, authority, and capacity to enter into these Terms of Use and can abide by all of the terms and conditions set forth herein.
  3. COMPANY DOES NOT PROVIDE MEDICAL ADVICE. The scheduler enables consumers and healthcare providers to schedule appointments for vaccinations at retailers. The scheduler does not constitute medical advice or endorse any course of treatment. Company expressly disclaims all liability with respect to any healthcare information you obtain through the scheduler and any actions taken or not taken based on your use of our scheduler. Any reliance on such scheduler is at your own risk. No licensed medical professional/patient relationship is created between you and Company when you use our scheduler.
  4. RELATIONSHIPS BETWEEN RETAIL OUTLETS AND END USERS. RETAIL OUTLETS relationships with End Users, including patients and non-patients, is directly between the RETAIL OUTLET and the End Users.
  5. RETAIL OUTLETS AND USERS COMPLIANCE WITH APPLICABLE LAWS, REGULATION AND LICENSURE REQUIREMENTS. To the extent Company provides information, template documents or forms to assist Retail Outlets allowing patients to schedule appointments, Company does so solely as a convenience to Retail Outlets. Company is not providing legal or business advice to Retail Outlets. Retail Outlets should seek qualified legal counsel to confirm applicability or and/or customize any template documents before utilizing such document in the provision of healthcare services. Retail Outlets assume sole liability and responsibility for complying with all relevant state and federal laws, reimbursement rules and third party payor agreements.
  6. LIMITATIONS AND CANCELLATIONS. We may at any time create limitations of your use of our scheduler including, but not limited to, the number of times you can access the scheduler. All Users are prohibited from and may be blocked from using the Scheduler if:
    1. you have abused your rights to use the scheduler;
    2. you have breached any of the terms specified in this document, including but not limited to acted in a manner that violates our prohibited conduct policy;
    3. you submit false information;
    4. you have performed any act or omission that violates any applicable law, rules, or regulations;
    5. you have performed any act or omission which is harmful or likely to be harmful to us, or any other third party, including other users and partners of Company;
    6. you made use of our scheduler to perform an illegal act, or for the purpose of enabling, facilitating, assisting or inducing the performance of such an act;
    7. you use the scheduler for any private commercial purpose without our express consent;
  7. PROHIBITED CONDUCT. The scheduler should be used only for lawful purposes. We specifically prohibit you from engaging in any of the following conduct:
    1. Any activity that produces software viruses or code harmful to other computers;
    2. Submitting to the scheduler any information in which you impersonate or claim to be any third party, or in which you misrepresent your affiliation with another person or entity;
    3. Sharing information that you are under an obligation not to disclose;
    4. Taking any action that disrupts, tampers with, interferes with, or imposes an unreasonable burden on the scheduler infrastructure, servers, data, or network or those of any third party via our Services;
    5. Using or attempting to use any engine, software tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the scheduler other than generally available third party browsers;
    6. Using any means of automatically searching or mining data from the scheduler, or in any way attempting to interfere with the proper working of the scheduler;
    7. Collecting or storing personal information about any customer or visitor of the scheduler;
    8. Using any scheduling, communications, or transactional services on the scheduler in an abusive or improper manner or in any way that disrupts or impedes the intended use of such features by other users and/or providers.
    You agree not to decompile or reverse engineer or otherwise attempt to discover any source code contained in the scheduler. Unless you receive explicit permission, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the scheduler.
  8. SCHEDULING. If a Retail Outlet is enabled, you will be able to submit a general request for an appointment. The scheduler collects the information requested by the Retail Outlet. By using this functionality, you expressly authorize us to provide to the Retail Outlet the health information you give to us. If you obtain healthcare from a provider by using our scheduler you are entirely responsible for your healthcare expenses. You must resolve any dispute between you and a Retail Outlet or healthcare provider directly with the Retail Outlet and healthcare provider.
  9. OPERATION OF THE SERVICES. We use commercially reasonable efforts to maintain our scheduler and to keep them operating with high availability and free from bugs, errors, technical problems, or defects. If, at any time in the future, we identify any bugs, errors, technical problems, or defects, then we will assign technicians to address and resolve the issue. We cannot guarantee that your access to the scheduler will be uninterrupted, or that the scheduler will be available at all times. We can assume no liability or responsibility for any delay, interruption, or downtime. We use commercially reasonable efforts to ensure that our scheduler is protected from viruses and other destructive software, but we cannot guarantee that the scheduler will at all times be free from viruses. We reserve the right to discontinue operation of our scheduler at any time for any reason at our sole discretion, and to make modifications to the operation of the scheduler at any time at our sole discretion.
  10. INTELLECTUAL PROPERTY. We, our partner, affiliates, or our licensors shall retain all respective right, title, and interest in the marks, logos, codes, databases, Content, text, designs, photos, and other materials posted to our scheduler (“Intellectual Property”). Except as otherwise expressly stated herein, you may only display and view the Intellectual property posted to the scheduler, and you may not reproduce, display, distribute, create derivative works of, misappropriate, or otherwise use for any purpose any portion of our scheduler without the express written permission of us or our licensors as appropriate. Using the Intellectual Property on our scheduler on any other website or in any other services or product for any commercial purpose is expressly prohibited.
  11. WARRANTY. The use of our scheduler or your reliance on any of the foregoing shall be at your own risk. We can make no warranty that the scheduler will meet your needs or that their operation will be continuous, uninterrupted, bug-free, error-free, virus-free, free of defects, free of technical problems.
  12. CONSEQUENTIAL DAMAGES; LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITE OR SERVICES INCLUDING BUT NOT LIMITED TO DAMAGES THAT ARISE FROM YOUR INABILITY TO USE THE WEBSITE OR THE SERVICE; LOST PROFITS; LOST GOODWILL; LOST DATA; ANY INTERRUPTION, MODIFICATION, OR TERMINATION OF THE WEBSITE OR ANY SERVICE OR PART THEREOF; OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). Our liability to you shall in no event exceed the total aggregate amount of $500 for all claims. Some jurisdictions do not allow the limitation of liability, so these limitations may not apply to you.
  13. RELEASE OF CLAIMS. To the maximum extent permitted by applicable law, you hereby release and waive all claims against us and our officers, directors, employees, independent contractors, representatives, affiliates and agents and from any and all liability for claims, damages (actual and or consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature arising from or in any way related to our Services. If applicable, you waive your rights under California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor.” You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true, and accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights which you may have had under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.
  14. INDEMNIFICATION. You agree to indemnify and hold us and our officers, directors, subsidiaries, affiliates, successors, assigns, agents, service providers, suppliers and employees, harmless from any third party claim or demand arising from your use of the scheduler; (c) your violation of the Terms of Use; (d) your breach of any of the representations and warranties herein; (e) your violation of any rights of another, including but not limited to any liability or expenses arising from any and all claims, demands, losses, damages, costs, expenses, suits, judgments, litigation costs, or reasonable attorney fees and court costs; or (f) your violation of any law, regulation, or guidelines imposed by any administrative body.
  15. GOVERNING LAW; DISPUTE RESOLUTION. These Terms of Service shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflicts of law principles. All disputes with the Company arising under this Agreement shall be submitted to binding arbitration under the Commercial Rules of the American Arbitration Association in New York by one arbitrator mutually agreed upon by you and us in accordance with the aforementioned Rules. The costs of arbitration, including administrative and arbitrators’ fees, shall be shared equally by you and us. The arbitration award shall be final and each of us shall comply in good faith to the entry of the arbitrator’s award in any court having jurisdiction. If judicial enforcement or review is sought, then the prevailing party shall be entitled to costs and reasonable attorney’s fees. All claims you bring against us or the Services must be resolved in accordance with this Section. All claims filed or brought against us contrary to the terms of this Section shall be considered improperly filed. Should you file a claim contrary to this Section, you agree that we may recover attorneys’ fees and costs for the improperly filed claim, provided that we have notified you in writing of the issue and you have failed to properly withdraw the claim.