IV Therapy User Terms of Service

The terms and conditions set forth herein and any other document(s) incorporated herein by reference (collectively, these “Terms”), together with the Paging Dr. Neil/PanchalMED PC (”the Practice “us”, “our” or “we”) privacy policy (our “Privacy Policy”) govern your use of our website, mobile app, and any content, functionality and services offered on or through the foregoing (collectively, our “Platform”) we make accessible thereby, so please read them thoroughly before accessing or using our Platform.

BY accessing and using OUR PLATFORM, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING CONTRACT UNDER THE APPLICABLE LAW, AND THAT YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO ENTER INTO AND ABIDE BY THESE TERMS AND OUR PRIVACY POLICY; AND (C) AGREE THAT YOU ARE LEGALLY BOUND BY THESE TERMS AND OUR PRIVACY POLICY. 

These Terms are non-transferrable and the access rights granted to you under this Agreement are non-transferable without the express written permission of  the Practice. IF YOU DO NOT AGREE TO THESE TERMS AND OUR PRIVACY POLICY, DO NOT USE OUR PLATFORM. You are responsible for the actions of any other person who may utilize your access rights on our Platform.

If you do not accept these Terms and/or our Privacy Policy, you agree to not use our Platform. We reserve the right to modify these Terms and our Privacy Policy at any time and such modification will be effective upon posting to our Platform (whether on our website or via our mobile applications) and/or provision of email notice to you thereof. Your continued use of our Platform and/or services following any such posting or notification of the revised Terms shall be deemed to constitute your acceptance of any such modifications. Please review these Terms periodically for changes and pay attention to the “Last Updated” date displayed at the bottom of this page.

NO MEDICAL ADVICE; MEDICAL DISCLAIMER

Our Platform is designed to enable you to request intravenous hydration services (among other related services and offerings) which are provided by licensed medical professionals. Your use of our Platform will help to identify you to the licensed healthcare professional that will render the care. Your use of the Platform is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. The information presented on our Platform is not intended as a substitute for diagnosis or treatment by a qualified physician. Moreover, the Practice recommends that you consult your physician before making changes to any current medications. Never disregard professional medical advice or delay in seeking it in an emergency.

If you think you may have a medical emergency, call your doctor or 911 immediately. The Practice does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned anywhere on the Platform. Reliance on any information provided by  the Practice is solely at your own risk.

ALL AVAILABLE DRIPS FEATURED BY THE PRACTICE ON THE PLATFORM THAT WILL BE ADMINISTERED BY LICENSED HEALTH CARE PROFESSIONALS ARE ELECTIVE TREATMENTS FOR WELLNESS AND HEALTH MAINTENANCE ONLY. AS SUCH, THESE DRIPS, INJECTIONS OR THERAPIES ARE NOT INTENDED TO TREAT OR CURE ANY DISEASE.

Notwithstanding the services that the Practice seeks to facilitate via the Platform,  the Practice does not condone, recommend or encourage excess alcohol consumption. Please drink responsibly.

Lastly,  the Practice reserves the right to refuse facilitating services to anyone regardless of any physicians’ assessment, and for any reason.

Our Platform

Subject to your acceptance of and compliance with these Terms, the Practice hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right and license to access and use our Platform, solely in accordance with these Terms. To access our Platform, you will be asked to register and maintain an active user account (your “Account”), which may include, among other things, your credit card information and/or other valid payment method. You hereby acknowledge, understand and agree that your use of our Platform is intended for your personal, non-commercial use, unless otherwise previously authorized by us in writing. Please note that  the Practice reserves the right, in our sole discretion, to require presentation of valid identification, prior to providing any services to you.

No Unlawful Or Prohibited Use

You may use our Platform only (i) if you are eighteen (18) years of age or older and are of the age of consent in your jurisdiction, and (ii) for lawful purposes and in accordance and full compliance with any and all applicable international, federal, state, municipal, local or other laws or regulations.

Termination/Access Restriction

The Practice reserves the right, in its sole discretion, at any time and without notice, to terminate your access to our Platform and the related services or any portion thereof (and all other rights granted to you herein). You may terminate your license to use our Platform at any time and for your convenience, by notifying us in writing of your decision.

Upon termination: (i) all rights granted to you under these Terms will be terminated; (ii) you must cease all use of our Platform; (iii) you will remain liable for all fees, charges and any other obligations you have incurred through the date of termination with respect to our services. For the avoidance of doubt, termination of your use of our Platform will not limit in any way and of  the Practice’s rights or remedies at law or in equity, all of which are expressly reserved hereby.

Fees, Payment, & Refunds

You hereby agree to pay  the Practice the full payment for all scheduled service(s) when a booking is made, pursuant to all Practice payment terms and conditions. Refunds are not issued for missed appointments. In the case of canceling an appointment, a notice of appointment cancellation is required a minimum 24 hours beforehand. Failure to provide the advanced notice will result in a charge of the full payment amount for the service(s) scheduled. Appointments may be canceled by sending an email to the Practice.  The Practice will issue refunds to clients for appointments if the designated medical professional is unavailable to meet the appointment booking and cancels within four (4) hours of his/her scheduled arrival time.

In addition to the foregoing, if the designated medical professional determines in his/her sole discretion that you have made misrepresentations with respect to the information you supplied via the Platform and/or if, in such medical professional’s sole discretion, you are not appropriate to receive  the Practice services, such professional will not render the services ordered and you will be charged the full payment amount therefor.

Upon acceptance of these Terms and each time you place an order for services, you hereby authorize  the Practice to charge your credit card (or other payment method) for the applicable fees, charges and taxes.

SERVICES

For making the Services available to Patient, Patient voluntarily pays Practice Services Fees.  Service Fees compensate Practice for making the Services available. Patient will enjoy communications and mobile visits from Practice that are neither hurried nor restricted by Plan coverage/reimbursement requirements. 

Insurance Not Accepted; Client’s Responsibility for Payment.

CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT PRACTICE AND ITS PERSONNEL ARE NOT PAID OR REIMBURSED FOR THE SERVICES AND / OR SUPPLEMENTS, VITAMINS OR PHARMACEUTICALS OFFERED BY PRACTICE BY MANAGED CARE PLANS, MEDICARE, MEDICAID, OR OTHER THIRD PARTY PAYOR PROGRAMS INCLUDING YOUR HEALTH INSURANCE CARRIER, AND DO NOT ACCEPT INSURANCE FOR SUCH SERVICES.

Clients will be BILLED DIRECTLY and shall be personally responsible for payment, regardless of whether clients are reimbursed by their insurance company, managed care plan or other third party payer.

In addition to the Service Fees, Patient agrees to pay the credit card and additional transaction processing fees for the Service as per the current rates. The Service Fees do not include payment for laboratory or radiology testing fees. Any applicable co-payments or deductibles related to Plan-covered services delivered by Practice, to the extent Practice is in-network with the applicable Plan, will be collected by Practice or Laboratory/Radiology Facility from Patient. 

I understand the Practice and its providers are not “on call”, and do not reply to urgent matters after hours. For any urgent matters, I have been advised to seek an urgent care center, emergency room services or call 911. I have also been advised to continue care with my primary care physician. I understand that I have the right to refuse any treatment or procedure. 

In the event of an emergency, I consent to the release of any information to any and all parties involved in my medical treatment [ie. physician, hospital, and/or other facility, etc.]. I consent to the release of information by the Practice to individuals acting in direct official capacities as my advocate or health care providers involved in my care and treatment. The Practice will not receive any payment or other remuneration from any third party in exchange for disclosing your information.

PRACTICE IS NOT AN INSURER

Practice is not an insurance company and is not promising or delivering unlimited care or services for the Services Fees.  Practice presumes that Patient is either eligible for Medicare or otherwise has a private or public Plan that provides health care coverage for essential healthcare services not covered by Services Fees.

Indemnification

You agree to defend, indemnify and hold harmless  the Practice, our affiliates, independent contractors and consultants, and each of their respective officers, employees, agents, affiliates, successors and assigns, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to (i) your use of or inability to use our Platform; (ii) your breach of violation of these Terms, any applicable law or the rights of any third party; and/or (iii) your gross negligence, fraud and/or willful misconduct.

Privacy

The Practice is committed to protecting your privacy and developing technology that gives you the most powerful and safe online experience. Our Privacy Policy sets forth our privacy practices. Please review that policy carefully and make sure that you agree to the provisions contained therein before using any of our Services.

ELECTRONIC PRACTICE COMMUNICATIONS

If Patient wishes to electronically communicate with Practice, Patient must be aware that electronic communication is not a secure medium for sending or receiving sensitive personal health information.  Practice will take steps to keep Patient’s electronic communications confidential and secure.  Patient acknowledges and understands that electronic communications such as email are often not a good medium for urgent or time-sensitive communications. In the event the communication is time-sensitive, Patient must communicate with Practice by telephone or in-person.  Please refer to the separate Electronic Communications Agreement for further applicable details in this regard, which are integrated herein by this reference.

Updates

The Practice may, from time to time, in its sole discretion develop and provide mobile application updates, which may include changes to these Terms, upgrades, bug fixes, patches and other error corrections and/or new features (collectively, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You shall promptly download and install all Updates and you acknowledge and agree that our Platform or portions thereof may not properly operate should you fail to do so.

Force Majeure

In addition to applicable disclaimers identified above, our incomplete performance or failure to perform our duties under these Terms will not be considered a breach of these Terms and shall be fully excused in the event of interruption and/or delay due to causes beyond our reasonable control, such as acts of God, acts of any government, war or other hostility, civil disorder, natural disasters (including without limitation, the elements, fire, and earthquake), explosion, acts of terrorism, power failures, equipment failure, industrial or labor disputes, acts of third party information providers, third party software errors or failures or communications interruptions or failures and all other events beyond our reasonable control.

Assignment; No Third-Party Beneficiaries

These Terms and our Privacy Policy shall not be assignable by you, either in whole or in part and any attempted assignment or delegation will be null, void and of no effect. We reserve the right to assign all or a portion of our rights and obligations under these Terms and our Privacy Policy, in our sole discretion. This Terms and our Privacy Policy shall be binding and inure to our benefit and each of our successors and assigns. The covenants set forth in these Terms are intended solely for the benefit of  the Practice, its successors and permitted assigns. Nothing herein, whether express or implied, will confer upon any person or entity, other than the parties, their successors and permitted assigns, any legal or equitable right whatsoever to enforce any provision of these Terms.

Governing Law; VENUE; Limitation of Time to File Claims

The validity, interpretation and enforcement of these Terms, matters arising therefrom or related thereto or to our Platform shall be governed by the internal laws of the State of New Jersey, without reference to choice of law doctrine.

Any legal action or proceeding concerning the validity, interpretation and enforcement of these Terms, matters arising therefrom or related thereto or to our Platform, shall be brought exclusively in the Federal and State courts located in New Jersey, and you consent to the exclusive jurisdiction of those courts, waiving any objection to the propriety or convenience of such venues. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU HERETO VOLUNTARILY WAIVE (IN CONNECTION WITH ANY DISPUTE ARISING OUT OF THESE TERMS OR OUR PLATFORM), ANY RIGHT TO: (1) A TRIAL BY JURY IN ANY LITIGATION IN ANY COURT; AND (2) BRING CLAIMS AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR CONSOLIDATE ANY ACTION IN WHICH A JURY TRIAL HAS BEEN WAIVED WITH ANY OTHER ACTION IN WHICH A JURY TRIAL CANNOT BE WAIVED.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THE PLATFORM OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.