“Site”) or mobile application (the “App”). These Terms of Service (“Terms”) govern your access to and use of the Site and the App and their related internet-based services, features, content, and functionality, including the Appointment Booking Service (the “Booking Service” and, together with the Site and the App, the “Service” or “Services”).
By using the Service, you acknowledge that you have read, accepted, and agreed to be bound by these Terms.
1. Acceptance Of Terms
These Terms constitute an electronic contract that explains the legally binding terms of your use of the Service. By using the Service, you accept and agree to these Terms and any conditions or notices contained or referenced within. You acknowledge that these Terms may be modified by us at any time, in our sole discretion, and that any modifications will be effective upon posting.
Your continued use of the Service shall indicate your acceptance of any modified terms. Further, you agree that we may at any time, in our sole discretion, with or without prior notice to you, modify, cancel, update, reconfigure, supplement, limit, terminate, edit, remove, or otherwise alter the Service or any part thereof, including as between different users, whether temporarily or permanently.
By using the Service, you also agree that we may send you various communications by email or by posting them on the Wellness Club 365 Inc. Website. You agree to notify us promptly if your email address changes or if you wish to opt out receiving emails from our Website. This consent covers all actions you conduct through the Service. Should you decide that you do not wish to receive communications by email, please contact us at firstname.lastname@example.org. Your withdrawal of consent will be effective within a reasonable time after we receive such notice. A withdrawal of consent will not affect the enforceability of these Terms. However, a withdrawal of consent to receive communications electronically may result in termination of your use of the Service.
We reserve the right to, and you acknowledge and consent that we may (but are not required to), monitor the Service to the extent permitted by law, including your communications and activities via the Service, and in connection with your access and use of the Service, including without limitation, information provided by you and information about your geolocation.
General Use Of The Service
- Limited License. Subject to your compliance with these Terms, we hereby grant you a limited, revocable, non-exclusive, non-sub licensable, non-transferable license to: (i) access and use the Service on a device that you own or control solely in connection with your use of the Service; and (ii) access and use any content information and related materials that may be made available through the service to you, in each case solely for your personal use. Any rights not expressly granted herein are reserved by Wellness Club 365 Inc. and its licensors.
- Prohibited Uses
Any commercial or promotional use, distribution, reproduction, or other exploitation of the service, or any content, code, data, or materials on either the Site or the App, is strictly prohibited unless you have received express prior written permission from us. Other than as expressly allowed in these Terms, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data, or materials on or available through the Service. You further agree that you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the content, code, data, or other materials on or available through the Service, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary notices. If you make other use of the Service, or its content, code, data or materials, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, or applicable state laws and may be subject to liability for such unauthorized use.
You shall not: (i) engage in spidering, “screen scraping,” “database scraping,” harvesting of email or other addresses, contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Service, including without limitation any information residing on any server or database connected to the Service; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials, or information through any means; (iii) use the Service in any manner with the intent to interrupt, damage, disable, overburden, or impair the Service, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests; (iv) use the Service in violation of our or any third party’s intellectual property or other proprietary or legal rights; (v) insert your own or a third party’s advertising, branding or other promotional content into any of the Service’s content, materials or services; or (vi) use the Service in violation of any applicable law. You further agree that you shall not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Service, or any content thereof, or make any unauthorized use thereof. You agree that you shall not sue the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party’s use and enjoyment of the Service.
- Proprietary Rights
The Service is the proprietary property of Wellness Club 365 Inc. and/or its third party licensors, and is protected by U.S. and foreign copyright, trademark, and other intellectual property laws. Your use of the Service does not grant you ownership of any content, code, data or materials you may access on or through the Service, or download from the Service.
3. Medical Disclaimer & Screening
- IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD CALL “911” IMMEDIATELY.
3.1 Wellness Club 365 Management Services, L.L.C. ’s Services is designed to enable you to request and book certain intravenous IV therapy services to be provided by a licensed Registered Nurse (medical professional). We only schedule your requested service(s). We do not provide medical care services.We do not provide medical billing. Our Service is not engaged in the practice of medicine and is not a health care provider, clinic, urgent care, hospital or medical concierge service. We do not provide Medical Advice or Diagnosis.
3.2 Administration of selected services
A licensed Registered Nurse, will perform only the requested IV Therapy services for you. The Registered Nurse with which you establish a treatment relationship is solely responsible for providing you with the services that are being requested.
3.3 Medical Clearance. Medical Clearance via Telehealth is required for all scheduled appointments prior to provision of any services. Advanced Medical Provider will contact you and provide tele-health triage and clear you for the selected services.
We strongly urge you to consult with your own health care provider prior to using Wellness Club 365’s Service to book any IV therapy service or if you have any questions regarding any potential IV therapy service. Wellness Club 365 provides only elective therapeutic services, and does not provide any diagnostic services.
These Terms apply to the Service. We may also present to you through your use of the Service any terms specific to the use of a particular service (“Service-Specific Terms”). All Service Specific Terms are incorporated into these Terms by reference. To the extent that these Terms conflict with the Service-Specific Terms, the Service-Specific Terms will control.
3.4 We do not provide services to pediatric clients; Treatment only available to individuals who are at least 18 years old. If you are not 18 years of age, please do not use our Service.
PAYMENT FOR SERVICES
By requesting/booking an appointment for Wellness Club 365 services, you agree to pay Wellness Club 365 the fee indicated for the scheduled service. Payments will be charged at the time of scheduling or at the time of service. Additional fees may arise if during the service extra services or treatments are added to the original request and only with approval of Advanced Medical Provider.
4.2 Cancellations Policy
WE REQUIRE AT LEAST 24-HOUR ADVANCED NOTICE OF CANCELLATION. You will be charged the full amount of the booked service should you not provide at least 24-hour advance notice of cancellation. If you book your service less than 24 hours in advance, please notify us as soon as possible that you wish to cancel by calling 800-860-4365. Group appointments (parties of two (2) or more) follow the same parameters as single appointments and will be charged for all people booked unless you provide 24-hour advance notice of any cancellations. For example, if you book a service for six (5) people, but only four (2) are present for the service with no 24-hour advance notice for the other two (3) patients, you will be charged for all six (5) services. MISSED APPOINTMENTS ARE NON-REFUNDABLE.
4.3 Refunds and/or Credits
(a) In the event that the Registered Nurse is unable to perform the booked services due to circumstances outside of the patient’s control or for reasons other than the patient’s medical condition or health, you will receive a full refund or credit.
(b) In the event that the Registered Nurse is unable to perform the booked services due to (1) your current or previous medical history, condition, or reason, or (2) due to circumstances outside of the medical professional’s control after the insertion of the I.V. needle, you will receive a credit or refund for the full amount of the services scheduled, less a medical examination fee of one hundred dollars ($100.00).
4.4 Authorization to Charge
By using the Scheduling/Booking Services, you hereby agree Wellness Club 365 has the right and authorizeWellness Club 365 to automatically charge your credit card (or other payment method) for the applicable fees or charges, plus any applicable taxes.
You agree to release, indemnify, defend and hold harmless Wellness Club 365., its parent, subsidiaries and affiliates and its and their shareholders, officers, directors, employees, agents, and advisors, from and against any and all losses, liabilities, claims (including claims without legal merit or brought in bad faith), demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, executions and liens, including reasonable legal fees and costs (whether brought by third parties or otherwise) (collectively, “Claims”) due to or arising in any way from your use of the Service, your placement or transmission of any message, any content, or other information or materials through the Service, or your breach or violation of the law or of these Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, which will not excuse your indemnity obligations under this Section.
8. Third-Party Websites Or Service
Our Site or App may contain links to, or advertisements and content from, other websites, including those of third parties or business partners (“Linked Sites”). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code, or other materials which may or may not be provided by or through Linked Sites. The inclusion of any link to such sites or thirdparty advertisements on our Service does not imply our endorsement or recommendation and we make no representations or warranties with respect to such sites or advertisements or their respective goods or services. Any reliance on third-party sites and advertisements is done at your own risk.93
9. Disclaimer Of Warranties
WE PROVIDE THE SERVICE “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, SECURITY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. WE DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY, AND IMPLIED, INCLUDING WITHOUT LIMITATION (i) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WORKMANLIKE EFFORT, ACCURACY, TITLE, AND NONINFRINGEMENT, (ii) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (iii) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
10. LIMITATION OF LIABILITY
- Exclusion of Certain Liability. YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO PROVIDE YOU ACCESS TO THE SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, Wellness Club 365 Inc., OUR DIRECTORS, ADVISORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) SHALL NOT BE LIABLE FOR (i) ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, OR (ii) LOSS OF USE, DATA, BUSINESS, REVENUES, OR PROFITS (IN EACH CASE WHETHER DIRECT OR INDIRECT), ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
- Limitation of Liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE PROTECTED ENTITIES ARISING OUT OF OR IN CONNECTION WITH THE SERVICE AND THESE TERMS WILL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICE, EVEN IF YOUR REMEDIES UNDER THESE TERMS FAIL OF THEIR ESSENTIAL PURPOSE.
11. Term And Termination
These Terms remain in full force and effect until they are terminated pursuant to the terms herein, however, either party may terminate these Terms at any time without notice. Upon any termination or expiration, Wellness Club 365 Inc. will stop providing the Service to you.
We do not warrant or guarantee the accuracy, completeness or timeliness of any information available via the Service. We do not authorize the use of information available via the Service for any purpose other than your personal use. You may not resell, redistribute or use this information for commercial purposes.
Wellness Club 365 Inc. strives to provide a service with outstanding turnaround time, accuracy and reliability. Planned downtime, intellectual property claims, and matters outside of our reasonable control are some of the circumstances that may lead to the Service being unavailable at the time requested. Although we strive to operate without interruption, we do not guarantee that the Service will always be made available at the time of booking and may need to be scheduled at a later date and time.
14. Information Security
We have used commercially reasonable efforts to implement a variety of administrative, managerial, and technical security measures designed to protect your personal information from unauthorized use and disclosure. We cannot, however, guarantee security of the information contained in your User Account or otherwise collected by us and we cannot promise that such measures will prevent third-party “hackers” from illegally accessing the Service or its contents. We are not responsible or liable for any third-party access to or use of the information contained in your account or otherwise collected by us.
15. International Visitors
We control and operate the Service from the United States of America. We do not represent that materials on the Service are appropriate or available for use in other locations. Persons who choose to access the Service from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
16. Intellectual Property And Copyright Infringement
We respect the intellectual property rights of others and ask our users, advertisers, licensors, and service providers to do the same. If you believe that your intellectual property is accessible on our Wellness Club 365 Inc. Website and Blog in a way that constitutes infringement, please contact us at email@example.com. In accordance with the Digital Millennium Copyright Act, we have appointed a Copyright Agent to receive notices of claims of copyright infringement on the Wellness Club 365 Inc. Website and Blog. Our Copyright Agent may be reached at info@Wellnessclub365.com
17. Electronic Communications
The very nature of the Service provides communications by us and by electronic means (e.g., via email, text message). For purposes of forming a legally binding agreement, you consent to receive communications from us in an electronic form and agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any applicable legal requirements, including that these be made in writing. You acknowledge that there is inherent risk in use of the Internet and that the information transmitted through the Internet in general is not confidential. We cannot and do not guarantee the privacy or protection of any electronic communications through the Internet.
18. Patient Registration
Patients must provide certain information, including: name, date of birth, gender, address, email, mobile and work phone, as well as a medical history.. We may also collect certain optional information, including middle name or initial, home phone and other contact info, pharmacy name and contact details, other demographic information, health insurance information, credit card number and billing details, picture, and communications preferences. In addition, the Patient can communicate other health-related information to the Healthcare Provider during a video consultation via DrChrono EHR app.
19. Marketing Emails
We may send periodic promotional or informational emails to Healthcare Providers. Healthcare Providers may opt-out of such communications by following the opt-out instructions contained in the email. Please note that it may take up to 10 business days for us to process opt-out requests. If you opt-out of receiving emails about recommendations or other information we think may interest you, we may still send you emails about your account or any Services you have requested or received from us.
20. Patient Health Information
The privacy and security of Patients’ individually identifiable health information provided to eVisit in connection with Services may be protected by federal law (HIPAA, the HITECH Act, and their regulations) and state privacy laws, because eVisit provides Services to healthcare providers. This health information is “protected health information” (“PHI”). PHI may be used and disclosed by Wellness Club 365 Inc. as necessary to provide Services, for our own management and operations, to meet our legal obligations, and for any other purpose for which Patients have given consent. We may share PHI with third parties for these purposes in compliance with applicable law. We may de-identify PHI and aggregate it for purposes of monitoring and improving our products and services, for benchmarking purposes, and to provide customized services or technologies to our customers.
21. Security Of My Personal Information
We have implemented reasonable technical, physical, administrative, and organizational safeguards to protect the information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware that despite our efforts, no data security measures can guarantee 100% security. You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your log-in and password private. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity.