TERMS OF SALE
You should carefully read these TERMS OF SALE (“Terms”) before submitting an order for services, as THIS DOCUMENT CONTAINS IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AND CONDITIONS, LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU, including a BINDING ARBITRATION AGREEMENT and CLASS ACTION & JURY TRIAL WAIVER CLAUSE. Except for certain types of disputes described in the Arbitration section below or if prohibited by applicable law, you agree that disputes between you and us will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration.
Section 1 – Scope and Application
- These Terms are between you and Medical Transportation Management, Inc. (“MTM”, or “us” or “we” or “our” as required) provided that if a third-party service provider (a “Service Provider”) provides Services (defined below) in connection with your use of the website or mobile application (as identified on the MTM website or in your order confirmation as the third-party service provider), you hereby acknowledge that (i) these Terms shall apply and inure to the benefit of any Service Provider engaged pursuant to these Terms and shall be binding upon the parties to the same force and effect and (ii) Service Providers shall be independent contractors and as such MTM makes no representation as to the quality or performance of work performed by such Service Providers. MTM operates a personalized multipurpose digital marketplace platform that is accessed in a number of forms, including the online platform at wanda.care, mobile and/or web-based applications (collectively the “Sites” or “Wanda”). THESE TERMS APPLY TO ALL OFFERS, SALES AND PURCHASES OF ALL SERVICES (“SERVICES”) THROUGH THE SITES. BY ORDERING ANY SERVICE THROUGH THE SITES, YOU SIGNIFY YOUR ACCEPTANCE OF AND AGREE TO BE BOUND BY THESE TERMS AND ANY APPLICABLE SERVICE PROVIDER TERMS, AND ANY ORDER CONSUMMATED THROUGH THE SITES IS CONDITIONED ON YOUR ACCEPTANCE OF THE SAME. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, YOU MUST NOT COMPLETE YOUR ORDER.
- Supplemental terms may apply to certain options or offers available through the Sites, such as policies for a particular Service or logistics option, event, program, activity, or promotion. Such supplemental terms will be disclosed to you in connection with the applicable option or offer. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable option or offer. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable option or offer.
- We may update or change these Terms at any time without prior notice in our sole discretion. The latest version of the Terms will be posted on the Sites.
Section 2 – Orders and Services
2.1 Among other things, use of the Sites enables you to discover and receive: (i) services rendered by MTM that facilitate your requests to Service Providers, including drivers, for the purchase of services or goods, such as transportation, logistics and/or delivery services from those Service Providers; (ii) related personalized content, including features, recommendations and advertisements for products or services tailored to your needs and interests; and (iii) any supporting services, including payment processing and customer support.
YOU ACKNOWLEDGE THAT YOUR ABILITY TO REQUEST, AND IF APPLICABLE, OBTAIN TRANSPORTATION, LOGISTICS AND/OR DELIVERY SERVICES FROM SERVICE PROVIDERS IN CONNECTION WITH THE USE OF THE SITES AND SERVICES DOES NOT ESTABLISH MTM AS A PROVIDER OF TRANSPORTATION, LOGISTICS OR DELIVERY SERVICES OR AS A TRANSPORTATION OR PROPERTY CARRIER.
MTM IS NOT A COMMON OR MOTOR CARRIER, DOES NOT TRANSPORT YOU, AND USE OF THE SITES IS ONLY OPEN TO REGISTERED USERS OF THE SITES AND NOT TO THE GENERAL PUBLIC.
YOU ACKNOWLEDGE THAT THE SERVICE, INCLUDING DRIVERS, ARE NOT ACTUAL AGENTS, APPARENT AGENTS, OSTENSIBLE AGENTS, OR EMPLOYEES OF MTM IN ANY WAY.
YOU ALSO ACKNOWLEDGE THAT ANY SAFETY RELATED EFFORT, FEATURE, PROCESS, POLICY, STANDARD OR OTHER EFFORT UNDERTAKEN BY MTM IN THE INTEREST OF PUBLIC SAFETY (WHETHER REQUIRED BY APPLICABLE REGULATIONS OR NOT) IS NOT AN INDICIA OF AN EMPLOYMENT, ACTUAL AGENCY, APPARENT AGENCY, OR OSTENSIBLE AGENCY RELATIONSHIP WITH AN INDEPENDENT THIRD-PARTY DRIVER.
2.2 When you place an order to purchase and pay for Services through the Sites, you agree that your order is an offer to purchase Services listed in your order that may be accepted or rejected for any reason. You will receive an order acknowledgement to your registered email detailing the Services ordered, but your order will not be deemed accepted until accepted by a Service Provider at which time you will receive an email or mobile confirmation of the acceptance of your order.
2.3 You agree to abide by the MTM Community Guidelines, available here. Failure to comply with the MTM Community Guidelines or any violation of these terms may result in the permanent loss of access to the Services.
The Services are not available for use by persons under the age of 18 unless provided with the assistance and supervision of a parent or guardian. You agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes (e.g., no request for the purpose or intent of transport of unlawful or hazardous materials). You may not in your access or use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Service Provider or any other party. If you request a ride option with a car seat, you acknowledge and agree that neither MTM nor the Service Provider is responsible for the safety of a child restraint/car seat that may be available in the Service Provider’s Vehicle. You acknowledge and agree that it is your obligation to ensure that the car seat is installed correctly and that the child is properly secured in the seat. If you request a ride option where a driver agrees to provide you with assistance outside of the vehicle, you acknowledge and agree that neither MTM nor the Service Provider is responsible for any injury or incident that may arise out of the assistance provided by the Service Provider. In certain instances, you may be asked to provide proof of age, identity, insurance, or other method of identity verification to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of age, identity or other method of identity verification.
Subject to the discretion of the Service Provider, you may be allowed to bring a small animal, such as a dog or cat, on a ride requested through the Sites. For such trips, you are responsible for properly securing the animal with a leash, harness, crate / carrier, or through other means. You are also responsible for ensuring that the animal does not cause damage or a mess in the Service Provider’s vehicle. You may be subject to a charge for repair or cleaning for any damage or mess caused by an animal that is transported during a ride. Please note, in accordance with MTM’s policies on Service Animals and assistive devices, Service Animals are generally permitted to accompany riders without extra charge.
For the purpose of assisting us with our compliance and insurance obligations, you agree to notify us within 24 hours and provide us with all reasonable information relating to any incident or accident that occurs during your use of the Services and you agree to cooperate with any investigation and attempted resolution of such incident.
Section 3 – Prices; Site Errors; Payment
3.1 You understand that your use of the Services may result in charges to you for the services or goods you receive from MTM and/or from Service Providers (“Charges”). You acknowledge that prices displayed to you when purchasing goods through the Services may be inclusive of retail prices charged by the Service Provider and service fees paid to MTM. MTM will enable your payment of the applicable Charges for services or goods obtained through your use of the Services. Charges will include applicable taxes where required by law. Charges may include other applicable fees such as delivery fees, service fees, product return fees, cancellation fees, government-mandated fees (such as bag fees), estimated or actual tolls, and/or surcharges. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand or due to other market factors.
Payment by credit card or other payment method accepted by the Sites is required at time of service. A valid payment method must be on file with MTM for acceptance of an order Services to be granted. All Charges and payments will be enabled by MTM using the preferred payment method designated in your account, after which you will receive a receipt. If your primary account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that MTM may use a secondary payment method in your account, if available. Charges paid by you are final and non-refundable, unless otherwise determined by MTM.
Except for amounts provided by you through the Sites as part of the “tip” feature, MTM does not designate any portion of your payment as a tip or gratuity to a Service Provider. You understand and agree that, while you are free to provide additional payment as a gratuity to any Service Provider who provides you with services or goods obtained through the Service, you are under no obligation to do so. There also may be certain Charges you incur that will be owed and paid directly to MTM or its affiliates.
3.2 Materials on the Sites may be changed, updated and/or deleted without notice and are subject to correction for technical, clerical or typographical inaccuracies or errors. We will not be responsible for any such inaccuracies or errors and orders placed through the Sites may be declined or cancelled for any lawful reason, including without limitation due to the foregoing issues or if a Service is unavailable to be provided within the specified timeframe, in the event the Services cannot be provided within the specified timeframe we will refund any payments received for such Services. If you think a correction should be made to any Charge you incurred, you must let MTM know in writing within 30 days after the Charge took place or MTM will have no further responsibility and you waive your right to later dispute the amounts charged.
Section 4 – Cancellation and Refunds
4.1 MTM will honor all cancellation requests if provided in writing at least 48 hours in advance of the appointment time. Cancellation requests should be sent to email@example.com or submitted as directed through the App. If payment has been received cancellation requests will be processed within two (2) business days and a refund shall be issued to the card provided for payment within seven (7) business days, though processing time may depend on the individual card issuer.
4.2 In the event Services cannot be provided within the timeframe specified in the order, MTM shall issue a cancellation notice and commence a full refund of the purchase price.
Section 5 – Information
5.1 You hereby represent and warrant that all information you submit through the Site is true and accurate to the best of your knowledge. The provision of false information may lead to the termination of Services and a termination fee.
5.2 By completing any orders on the Site you are providing authorization for MTM to share any information provided or obtained regarding the Services purchased by you to your respective insurance provider or applicable government provider pursuant to the policy and contact information provided.
Section 6 – WAIVER AND LIMITATION OF LIABILITY; RISK ALLOCATION
6.1 TO THE FULLEST EXTENT PROVIDED BY LAW AND EXCEPT AS OTHERWISE PROVIDED HEREIN OR ON THE SITES, THE INFORMATION AND SERVICES OFFERED ON OR THROUGH THE SITES AND ANY REFERENCED THIRD-PARTY/SERVICE PROVIDER SITE(S) ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ANY SERVICE PROVIDER/THIRD-PARTY GOODS OR SERVICES PROVIDED ARE SUPPLIED AS A CONVENIENCE TO YOU AND DO NOT CONSTITUTE SPONSORSHIP, AFFILIATION, PARTNERSHIP, OR ENDORSEMENT. TO THE FULLEST EXTENT ALLOWED BY LAW, WE DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
TO THE FULLEST EXTENT ALLOWED BY LAW, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITES, THE MATERIALS, ANY CONTENT, OR OTHER POSTED MATERIALS ON THE SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
BY PROVIDING THE SERVICES ON THE SITES, WE DO NOT IN ANY WAY PROMISE THAT THE SERVICES WILL REMAIN AVAILABLE TO YOU. WE ARE ENTITLED TO TERMINATE ALL OR PART OF ANY OF THE SITES AT ANY TIME, IN OUR SOLE DISCRETION WITHOUT NOTICE TO YOU.
6.2 TO THE FULLEST EXTENT PROVIDED BY LAW AND EXCEPT AS OTHERWISE PROVIDED HEREIN OR ON THE SITE, THE INFORMATION AND SERVICES OFFERED ON OR THROUGH THE SITE AND ANY REFERENCED THIRD-PARTY SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ANY SERVICE PROVIDER/THIRD-PARTY GOODS OR SERVICES PROVIDED ARE SUPPLIED AS A CONVENIENCE TO YOU AND DO NOT CONSTITUTE SPONSORSHIP, AFFILIATION, PARTNERSHIP, OR ENDORSEMENT. TO THE FULLEST EXTENT ALLOWED BY LAW, WE DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
TO THE FULLEST EXTENT ALLOWED BY LAW, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, THE MATERIALS, ANY CONTENT, OR OTHER POSTED MATERIALS ON THE SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
BY PROVIDING THE SERVICES ON THE SITE, WE DO NOT IN ANY WAY PROMISE THAT THE SERVICES WILL REMAIN AVAILABLE TO YOU. WE ARE ENTITLED TO TERMINATE ALL OR PART OF ANY OF THE SITE AT ANY TIME, IN OUR SOLE DISCRETION WITHOUT NOTICE TO YOU.
Section 7 – Transferability; Compliance
7.1 You agree in placing orders through the Sites that you are purchasing Service(s) from the Sites specific to you and your specific healthcare needs. UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW, ANY IMPLIED WARRANTY ONLY EXTENDS TO YOU ON THE UNDERSTANDING THAT YOU ARE THE SOLE RECIPIENTAND USER.
Section 8 – Notices
8.1 Unless otherwise specified, please send communications to us under these Terms via email to firstname.lastname@example.org. We may update this notice information by notice on the Sites.
8.2 Notices to you under these Terms may be sent by sending a message to the email address you provide or by posting to the Sites. Notices sent by email will be effective when sent. Posted notices are effective upon posting. It is your responsibility to keep your email address current.
Section 9 – MANDATORY ARBITRATION AND CLASS ACTION AND JURY TRIAL WAIVER
Most concerns can be resolved quickly and to your satisfaction by contacting us as set forth in the Section 12.2 below.
In the event that we are not able to resolve a dispute, and with the exception of the claims for injunctive relief by us as described above and otherwise set forth herein, you hereby agree that either you or we may require any dispute, claim, or cause of action (“Claim”) between you and us or any third parties arising out of use of the Sites, the Services, and any other actions with us (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory) to be arbitrated on an individual (non-class) basis. However, both parties retain the right to seek relief in a small claims court (or a state court equivalent) for a Claim within the scope of its jurisdiction so long as the small claims action does not seek to certify a class, combine the claims of multiple persons, recover damages in excess of the limit for a small claim under applicable state law or is not transferred, removed, or appealed from small claims court to any different court. Additionally, if you are a California resident, you retain the right to obtain public injunctive relief from any court with proper jurisdiction.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS VERY LIMITED. ADDITIONALLY, ANY ARBITRATION OF A CLAIM WILL BE ON AN INDIVIDUAL BASIS, AND, THEREFORE, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN A CLASS ACTION LAWSUIT. AS PART OF THIS WAIVER, YOU AGREE THAT YOU WAIVE THE RIGHT TO ACT AS A PRIVATE ATTORNEY GENERAL IN AN ARBITRATION; THAT EXCEPT AS OTHERWISE PROVIDED IN THIS ARBITRATION AGREEMENT, CLAIMS BROUGHT BY OR AGAINST YOU MAY NOT BE JOINED OR CONSOLIDATED WITH CLAIMS BROUGHT BY OR AGAINST ANY OTHER PERSON; AND THE ARBITRATOR SHALL HAVE NO AUTHORITY TO CONDUCT A CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ARBITRATION OR MULTIPLE-PARTY ARBITRATION.
You and we agree that your use of the Services involves interstate commerce, and that this arbitration agreement shall be interpreted and enforced in accordance with the Federal Arbitration Act (FAA) set forth in Title 9 of the U.S. Code to the fullest extent possible, notwithstanding any state law to the contrary, regardless of the origin or nature of the Claims at issue. The arbitrator must follow, to the extent applicable: (1) the substantive law of the state in which we entered into the transaction giving rise to this arbitration agreement; (2) the applicable statutes of limitations; and (3) claims of privilege recognized at law. The arbitrator will not be bound by federal, state or local rules of procedure and evidence or by state or local laws concerning arbitration proceedings.
If either you or we elect to arbitrate a Claim, the dispute shall be resolved by binding arbitration administered under the applicable rules of the American Arbitration Association (“AAA”). Either you or we may elect to resolve a particular Claim through arbitration, even if the other party has already initiated litigation in court related to the Claim, by: (a) making written demand for arbitration upon the other party, (b) initiating arbitration against the other party, or (c) filing a motion to compel arbitration in court.
If this is a consumer-purpose transaction, the applicable rules will be the AAA’s Consumer Arbitration Rules. The applicable AAA rules and other information about arbitrating a claim under AAA, including how to submit a dispute to arbitration, may be obtained by visiting its website at https://www.adr.org/ or by calling 1-800-778-7879. If AAA will not serve as the administrator of the arbitration, and you and we cannot then agree upon a substitute arbitrator, you and we shall request that a court with proper jurisdiction appoint an arbitrator. However, we will abide by the applicable AAA rules regardless of the forum. Arbitration shall be conducted in the county and state where you accepted these Terms, you reside, or another reasonably convenient place to you as determined by the arbitrator, unless applicable laws require another location. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Except as provided in applicable statutes, the arbitrator’s award is not subject to review by the court and it cannot be appealed. The parties will have the option to request and receive a statement of reasons for the arbitration award.
If you elect to file the arbitration, and this is a consumer-purpose transaction, you will pay the filing fee to the extent required by AAA’s Consumer Arbitration Rules but not to exceed the cost of filing a lawsuit. Any amount above what it would cost you to file a lawsuit, we will pay. All other arbitration fees and expenses shall be allocated to us according to AAA rules. Except for the arbitration fees and expenses, each party shall pay its own costs and fees incurred (including attorneys’ fees), unless the arbitrator allocates them differently in accordance with applicable law. This paragraph applies only if this is a consumer-purpose transaction.
Notwithstanding anything to the contrary in these Terms, and except as otherwise set forth in this paragraph, the agreement to arbitration may be amended by us only upon advance notice to you. If we make any amendment to this agreement to arbitration (other than renumbering the agreement to align with any other amendment to the Terms) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding or action against us prior to the effective date of the amendment. The amendment shall apply to all other Claims governed by this agreement to arbitration that have arisen or may arise between you and us. However, we may amend this agreement to arbitration and not provide you notice; in that case, the amendments will not apply to you and the agreement to arbitration contained in these Terms to which you agreed will continue to apply to you and us as if no amendments were made.
If any part of this arbitration provision is invalid, all other parts of it remain valid. However, if the class action limitation is invalid, then this arbitration provision is invalid in its entirety, provided that the remaining Terms shall remain in full force and effect. This arbitration provision will survive the termination of your use of the Sites, the Services, and any other actions with us.
You may reject this arbitration provision within thirty (30) days of accepting the Terms by emailing us at email@example.com and including in the subject line “Rejection of Arbitration Provision.”
Section 10 – Governing Law and Venue
10.1 These Terms shall be governed by and construed in accordance with the laws of the State of Missouri, excluding its conflicts of law rules, and the United States of America. Except as set forth in the agreement to arbitration and without waiving it, you agree that any dispute arising from or relating to the subject matter of these Terms (including but not limited to if you opt out of the agreement to arbitration) shall be governed by the exclusive jurisdiction and venue of the state and federal courts of the Circuit Court of St. Louis, Missouri or the United States District Court for the Eastern District of Missouri, except where the jurisdiction and venue are mandated by applicable assignment. .
Section 11- Indemnification
11.1 You agree to indemnify, defend and hold harmless us and our affiliates, employees, agents, representatives and any Service Providers, for any and all claims, demands, actions, liability, fines, penalties and expenses that may arise from any of your acts through the use of the Sites. Such acts may include: (i) providing content to or communicating with us or our affiliates; (ii) unauthorized use of material obtained through the Site; (iii) engaging in a prohibited activity; or (iv) any other action that breaches these Terms.
Section 12 – General
12.1 No amendment to these Terms will be valid unless made in writing and agreed to by MTM. These Terms are the final and integrated agreement between you and us with respect to their subject matter. Except as otherwise specifically provided herein, these Terms do not provide any rights or remedies to any person or entity other than you and us. You may not assign your rights or delegate your obligations under these Terms to any other person or entity without our prior written consent, and any attempt to do so without consent is void. If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein. Our failure to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision, and a waiver of any right or provision will be effective only if in writing and signed by our duly authorized representative.
12.2 If you have any questions or comments about these Terms or this Site, please contact us by email at firstname.lastname@example.org. You also may write to us at:
MTM Care LLC
Attn: Wanda Support
16 Hawk Ridge Drive. Lake
St. Louis, Missouri 63367