Partner - Terms and Conditions
Last Updated: 11 Feb. 2025
Effective Date
These Terms take effect from the date the Partner first uses Lola Health Ltd’s (“Lola Health”) platform or upon mutual written agreement. If the Partner has already been using the platform or if the partnership has been established in writing, these Terms shall apply retroactively from the date of first use or the date agreed in writing.
1. Definitions
1.1 Confidential Information: Any proprietary or sensitive information shared between Lola Health and the Partner, including but not limited to business processes, client information, financial data, and technical data.
1.2 Services: Activities and responsibilities agreed between Lola Health and the Partner under these Terms.
1.3 Partner Portal: The platform provided by Lola Health that allows Partners to access services and tools.
1.4 Partner: An individual or entity, such as a clinic, practitioner, employer, creator, or pharmacy, that collaborates with Lola Health Ltd to provide or promote health-related services, including but not limited to blood testing, wellness programmes, and health awareness initiatives. The Partner may utilise the Lola Partner Portal to manage services, access tools, and facilitate collaboration, though their engagement is not limited to this platform.
2. Scope of Work
2.1 Partner Responsibilities
The Partner shall collaborate with Lola Health to provide blood testing and related services under these Terms. Where applicable, the Partner is responsible for ensuring that all samples are correctly collected, labelled, and transported in accordance with clinical and regulatory standards. The Partner must follow best practices to minimise processing delays or errors.
2.2 Lola Health Responsibilities
Lola Health shall provide the Partner with access to the Partner Portal and necessary resources to facilitate the Partner’s agreed responsibilities.
2.3 Agreement on Responsibilities
The specific responsibilities of both Parties, along with any financial arrangements, shall be outlined in writing where applicable.
2.4 Result Review Responsibilities
For Self-Reviewing Partners:
- The Partner is fully responsible for reviewing all test results, including those flagged as priority or urgent, and for taking appropriate action.
- Priority/Urgent-flagged results (as flagged by the system, Lab, and/or reviewer) must be reviewed and acted upon within 24 hours.
- All other results must be reviewed as soon as possible and within 72 hours. Any delays exceeding 24 hours must be communicated to both the patient and Lola Health.
- Lola Health doctors will not directly have access to self-reviewed partner results, and the Partner assumes full clinical responsibility for patient communication and any necessary medical intervention.
For Results Reviewed by Lola Health Doctors:
- Results will be processed within 72 hours, except for urgent cases, which require immediate action.
- Any delays exceeding 24 hours must be communicated to the patient.
2.5 Priority/Urgent-flagged Results
- The system will flag significantly abnormal results by attaching a "potential urgent/abnormal result" label.
- If the Lab flags a result as abnormal or urgent, they will notify Lola Health directly. Lola Health is then responsible for informing the Partner.
- If the Partner is self-reviewing, they must take full responsibility for acting on these results and contacting the patient within 24 hours of receiving notification from Lola Health.
- If Lola Doctors are reviewing, they will handle urgent results in accordance with the agreed review timelines.
2.6 Bank Holidays & Weekends
- If Lola Health doctors are reviewing: The 72-hour timeframe excludes weekends and UK public holidays unless flagged as urgent. Any delays beyond 24 hours (including weekends/holidays) must be communicated to the patient.
- If the Partner is self-reviewing: The Partner remains fully responsible for reviewing results within the 24-hour (priority) and 72-hour (routine) timeframes, even on weekends and public holidays, unless otherwise agreed. Any delays beyond 24 hours must be communicated to the patient.
3. Non-Disclosure
3.1 Obligations:
(a) Confidential Information must be maintained in strict confidence.
(b) Use of Confidential Information is restricted to purposes of collaboration with Lola Health.
(c) Disclosure to third parties is prohibited without prior written consent.
3.2 Exclusions: Confidential Information does not include information that is:
(a) Publicly available at the time of disclosure.
(b) Made public through no fault of the receiving Party.
(c) Independently developed without reliance on disclosed Confidential Information.
(d) Required to be disclosed by law, with prompt notice given to the disclosing Party.
3.3 Duration:
(a) The confidentiality obligations under these Terms shall survive termination indefinitely for trade secrets and for a period of five (5) years for all other Confidential Information.
4. Legal Compliance
4.1 Both Parties shall comply with all applicable laws and regulations, including the UK General Data Protection Regulation (GDPR).
4.2 The Partner warrants that it is legally authorised to act under these Terms.
4.3 All marketing and public communications shall comply with applicable UK advertising standards and consumer protection laws.
4.4 Data Protection Compliance: Where the Partner processes personal data on behalf of Lola Health, the Partner agrees to comply with the terms of a separate Data Processing Agreement (DPA), included as Schedule 1 to this Agreement, to be signed by both parties.
5. Term and Termination
5.1 Term: These Terms remain in effect unless terminated by either Party as described below.
5.2 Termination:
(a) Either Party may terminate these Terms with 30 days’ written notice.
(b) Lola Health may terminate immediately in cases of:
(i) Breach of confidentiality by the Partner.
(ii) Non-compliance with applicable laws or these Terms by the Partner.
(iii) Breach of data protection obligations under these Terms or the Data Processing Agreement (DPA).
5.3 Effects of Termination:
(a) Access to the Partner Portal will be revoked.
(b) All Confidential Information must be returned or destroyed.
(c) The Partner must immediately cease using Lola Health branding, marketing materials, or any references to Lola Health in promotional content.
(d) Outstanding payments or obligations must be settled within 30 days of termination, and any prepaid service fees will be refunded on a pro-rata basis unless termination is due to a material breach by the Partner.
(e) The confidentiality obligations outlined in Section 3 shall survive termination.
6. Indemnity
6.1 The Partner agrees to indemnify and hold Lola Health harmless from any claims, damages, or liabilities arising from the Partner’s breach of these Terms or non-compliance with applicable laws. If a sample needs to be recollected due to an error by the Partner, the Partner must arrange a replacement collection at no additional cost to the patient or Lola Health. The Partner is also responsible for handling any patient complaints related to such errors and must take reasonable steps to prevent recurrence. If review/approval action is included for the Partner and the Partner does not do the review/approval of a result in less than 24h from the moment the result was created, Lola Health can't be held responsible for any claims from the user due to the delay.
6.2 Lola Health agrees to indemnify and hold the Partner harmless from any claims, damages, or liabilities arising from Lola Health’s own breach of these Terms or legal violations.
7. Limitation of Liability
7.1 Liability Cap: Except for liability arising from willful misconduct, fraud, breaches of confidentiality, or unauthorised disclosure of patient data, neither Party shall be liable for damages exceeding the total fees paid under these Terms in the last 12 months prior to the claim. The liability cap does not apply to fines, penalties, or liabilities arising from a Party’s failure to comply with applicable data protection laws.
7.2 Exclusion of Indirect Damages: Neither Party shall be liable for indirect, incidental, special, or consequential damages, including lost profits or business opportunities.
8. Governing Law
The laws of England and Wales govern these Terms. Any disputes will be subject to the exclusive jurisdiction of the courts of England and Wales.
9. Entire Agreement
These Terms represent the entire agreement between the Parties and supersede any prior agreements related to the subject matter. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full effect.
10. Scope of Services
Lola Health Responsibilities:
(a) Provide access to the Partner Portal and ensure its functionality.
(b) Offer training and support to facilitate the Partner’s use of the services.
(c) Communicate timely updates regarding services or systems.
Partner Responsibilities:
(a) Utilise the Partner Portal solely for the purposes agreed upon.
(b) Maintain accurate records and provide timely reporting.
(c) Ensure compliance with all applicable healthcare regulations, data protection laws, and these Terms.
Joint Responsibilities:
(a) Collaborate to address issues and improve service delivery.
(b) Ensure the confidentiality and security of shared data.
11. Company Information
Lola Health is the trading name of Lola Health Ltd, a company registered in England and Wales under Company Number 15961806, with its registered office at 85 Great Portland Street, London, W1W 7LT. Lola Health Ltd is a subsidiary of Longevity Lab, Inc., a company registered in Delaware, United States.
By continuing to use Lola Health’s platform or upon mutual written agreement, the Partner acknowledges and agrees to these Terms and Conditions.
If you have any questions and/or concerns, please do not hesitate to contact us at support@lolahealth.co.
Schedule 1 - Data Processing Agreement (DPA)
1. Purpose
This Data Processing Agreement ("DPA") sets out the terms under which the Partner processes personal data on behalf of Lola Health in compliance with the UK GDPR and applicable data protection laws.
2. Roles of the Parties
2.1 Lola Health is the Data Controller, and the Partner is the Data Processor.
2.2 The Partner shall process personal data only on documented instructions from Lola Health.
3. Data Security
3.1 The Partner shall implement appropriate technical and organisational measures to ensure the security of personal data against accidental loss, alteration, or unauthorised access.
4. Breach Notification
4.1 The Partner must notify Lola Health of any data breach within 24 hours of discovery, providing details of the nature of the breach, the data affected, and the mitigation measures being taken.
4.2 The Partner must cooperate with Lola Health to investigate and mitigate any breach.
5. Subprocessing
5.1 The Partner shall not subcontract any processing activities without Lola Health’s prior written consent. If a subprocessor is engaged, the Partner remains fully liable for the subprocessor’s compliance with this Agreement and must provide Lola Health with details of the subprocessor’s security measures and data handling policies upon request.
6. Data Retention & Deletion
6.1 Upon termination of the Agreement, the Partner shall either return or delete all personal data unless retention is required by law.
7. Governing Law
This DPA shall be governed by the laws of England and Wales.