Date of Last Revision: 1/11/2022
The official and binding version of these terms is provided in English below.
AMONG OTHER ACTIVITIES, RXSALUDABLE'S SERVICES ENABLE COORDINATION AND COMMUNICATION WITH A HEALTH CARE PROVIDER. IT DOES NOT REPLACE YOUR RELATIONSHIP WITH ANY PHYSICIAN. THESE SERVICES MIGHT NOT BE APPROPRIATE FOR ALL MEDICAL CONDITIONS OR CONCERNS. IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL YOUR DOCTOR OR DIAL 911.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BECAUSE THEY SET FORTH THE IMPORTANT TERMS YOU WILL NEED TO KNOW ABOUT THE SERVICES.
YOU UNDERSTAND THAT BY ACCESSING OR USING THE SITES OR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE LEGALLY BOUND BY AND COMPLY WITH THESE TERMS OF USE. IF YOU DO NOT OR CANNOT AGREE WITH ANY PART OF THESE TERMS OF USE, YOU MAY NOT USE THE SITES OR ANY SERVICES PROVIDED ON OR THROUGH THE SITES. THE TERMS OF USE ARE SUBJECT TO CHANGE AS PROVIDED HEREIN.
RxSaludable LLC, and their respective affiliates (collectively, "RxSaludable", "we", "us", or "our") own and operate the websites located at https://rxsaludable.com/ (collectively, the "Websites," and collectively with any affiliated mobile application ("App"), the "Sites"). The Sites are intended to facilitate the provision of the Services to registered users. The "Services" may include (i) providing individuals with information on health care and wellness ("Content"); (ii) providing individuals with pharmacy services; (iii) providing individuals with access to technology-oriented tools for smoking cessation; (iv) development and gathering of health care records and health care information; (v) administrative support in connection with scheduling, payment for health care provider services, and payment for pharmacy services; and (vi) telecommunications support for using the Services as a means of direct access to health care providers provided by Wasef Health, PC and similar affiliated professional entities for communication, consultations, assessments, and treatment by such health care organizations and their providers.
These terms and conditions of use ("Terms of Use") describe your rights and responsibilities with regard to the RxSaludable Sites that you may use to receive Services. Your access to and use of the Sites is subject to these Terms of Use, our Privacy Policy, as well as all applicable laws and regulations. The Sites and Services are continually under development, and RxSaludable reserves the right to review or remove any part of these Terms of Use in its sole discretion at any time and without prior notice to you. Any changes to these Terms of Use are effective upon posting to the Sites. If you disagree with these Terms of Use, your sole and exclusive remedy is to discontinue your use of the Sites and/or Services. Your continued use after a change has been posted constitutes your acceptance of the changes.
Use of these terms is accepting use of Bask Health Inc's platform and its applicable privacy policy located on the Bask Health website (bask.health, bask.bio).
Certain of our Services are currently only available to individuals located in certain states.
In order to qualify to use the Services, the following must be true: you are age 18 or over; you are located in a state where we operate (depending on the type of Services); and you agree to be legally bound by and comply with these Terms of Use. Satisfying these requirements does not guarantee that you will receive Services through RxSaludable. RxSaludable and certain affiliated professional entities reserve the right to change or include new requirements as deemed appropriate in their sole discretion without providing prior notice to you.
You must have compatible computing and/or mobile devices, access to the Internet, and certain necessary software in order to use the Sites. Fees and charges may apply to your use of the mobile services and to the Internet.
Telemedicine involves the delivery of health care services using electronic communications, information technology, or other means between a health care provider and a patient who are not in the same physical location. Telemedicine may be used for diagnosis, treatment, follow-up and/or related patient education, and may include: electronic transmission of medical records, photo images, personal health information, or other data; interactions between a patient and health care provider via audio, video, and/or data communications; and use of output data from medical devices, sound, and video files.
The electronic systems used in the Services will incorporate network and software security protocols to protect the privacy and security of health information and imaging data, and will include measures to safeguard the data to ensure its integrity against intentional or unintentional corruption.
RxSaludable understands the importance of confidentiality and privacy regarding your health information. Please see our Privacy Policy for a description of how we may collect and use your personal information, and the RxSaludable Professionals Notice of Privacy Practices applicable to Wasef Health, PC and similar affiliated professional entities for a description of how these entities may use and disclose your medical information. The Privacy Policy and Notice of Privacy Practices are hereby incorporated into these Terms of Use by reference.
RxSaludable does not provide any medical services, including via the Sites and Services. Rather, RxSaludable provides a technology platform for you to access a health care provider employed or contracted with Wasef Health, PC or similar affiliated professional entities. The health and wellness resources made available through our Services are not a substitute for direct in-person health care services in all cases. The decision to focus on diagnosis, treatment recommendations, or both, rests with you and the health care provider. By coordinating and in certain cases consulting with an affiliated health care provider through the Services, you are not entering into a provider-patient relationship with RxSaludable.
By accepting the Terms of Use, you agree and consent to RxSaludable, RxSaludable affiliates, or health care providers sending you disclosures, notices, messages, reports, and other communications. It is your responsibility to monitor these communications.
By opting-in to receive text (SMS) messages from RxSaludable or by sending RxSaludable an initial text message (an "SMS Enrollment"), you consent to receiving text messages regarding your RxSaludable account and use of the Sites and Services. These may include order confirmations, shipping notifications, messages from your healthcare provider, and other transactional messages, as well as promotional and marketing notifications, to the extent you have opted-in.
Access to the Services is not conditioned upon your consent to receive marketing or promotional text messages, and you can opt-out at any time by texting "STOP" to the message received. You also understand that text messages and emails that you send to or receive from RxSaludable are not encrypted, and may be intercepted by third parties. If you choose to send or receive information about your health by text or email, you do so at your own risk. If you are experiencing any issues, contact us at support@rxsaludable.com.
In some cases, an affiliated health care provider may use the Services to provide advice or treatment to you. A health care provider consulting with you through the Services may not have the benefit of information that would be obtained by examining you in person. Moreover, a health care provider may be limited by state law in prescribing certain medications without first conducting an in-person physical examination. By engaging the Services, you acknowledge that: (i) any diagnosis you may receive is limited and, in some cases, provisional; (ii) the health care services are not intended, in all cases, to replace a full medical evaluation; (iii) a health care provider may not have important information that is usually obtained through a "hands-on" physical examination; and (iv) the absence of a physical examination may affect the health care provider's ability to diagnose any potential condition, disease or injury.
Except for specific communications received from Wasef Health, PC or affiliate health care organizations and providers, none of the Content you receive through the Sites should be considered medical advice.
The Services are available only to users who have registered with RxSaludable ("Secure Users"). If you are a Secure User, you agree to provide information that is accurate, complete and correct, and to maintain and update such information. RxSaludable has the right to suspend or terminate your account if you fail to maintain such information. You agree to immediately notify RxSaludable of any unauthorized use of your username, password or any other breach of security by emailing support@rxsaludable.com.
You agree to keep confidential your username and password and to exit from your Secure User account at the end of each session. You are responsible for all activities that occur under your account. You may not transfer or share your password, create more than one account, or use anyone else's account.
The App is intended for use only on a mobile phone that runs an unmodified manufacturer-approved operating system. Using the App on a modified operating system may compromise your protected health information and is a material breach of these Terms of Use.
Subject to your compliance with these Terms of Use, we hereby grant to you a personal, limited, revocable, non-exclusive, and nontransferable right to view, download, access, and use the Sites in the United States solely for your personal and non-commercial use. You agree that you will not, and will not attempt to: (a) impersonate any person or entity; (b) use the Sites or Services to violate any law; (c) reverse engineer, disassemble, decompile, or translate any software; (d) distribute viruses or harmful code; (e) infringe any intellectual property right; (f) license, sublicense, sell, resell, or commercially exploit the Sites; (g) use the Sites to create competing products or services; (h) damage or disrupt our Sites; (i) gain unauthorized access; (j) circumvent any security device; (k) remove any trademarks or notices; (l) use any automated device to monitor or copy content; (m) reproduce or transmit our data; (n) exceed the scope of permitted use; or (o) encourage others to do any of the foregoing.
With the exception of personal data subject to HIPAA or related state-specific privacy laws and regulations, any information you provide to RxSaludable will be treated as non-confidential and non-proprietary and will become the property of RxSaludable and/or affiliated professional entities. For personal data or information subject to the foregoing exception, you grant RxSaludable, our service providers, our successors and assigns, and affiliated health care providers the right and license to use, reproduce, modify, analyze, perform, display, distribute, and otherwise disclose such data for the purposes of providing services to you, conducting research or analyses, and improving features, products and services.
RxSaludable is the sole and exclusive owner of all right, title and interest in and to the Sites and their content, features and functionality, and all intellectual property rights therein. You are not permitted to reproduce, publish, distribute, modify, create derivative works of, publicly display, republish, download, transmit, sell or exploit any of the material on our Sites except as ordinarily permitted through the Sites according to these Terms of Use.
Certain names, logos, and other materials displayed in and through the Sites may constitute trademarks, trade names, service marks or logos ("Marks") of RxSaludable or its affiliates. You are not authorized to use any such Marks without express written permission.
The Sites may contain hyperlinks or references to other websites ("Linked Sites") operated by third parties. We are not responsible for the information, products or services described on Linked Sites or for any content, errors, damage or loss caused by your use of or reliance on Linked Sites.
The Terms of Use will remain in full force and effect as long as you continue to access or use the Sites or Services. You may terminate the Terms of Use at any time by discontinuing use of the Sites. Your permission to use the Sites automatically terminates if you violate these Terms of Use. RxSaludable may terminate or suspend any of the rights granted by these Terms of Use with or without prior notice, for any reason, and at any time. The following provisions survive: Disclaimer of Warranties; Limitation of Liability; Indemnification; Governing Law, Dispute Resolution, Arbitration, Venue, Severability; No Waiver; and Assignment.
YOU EXPRESSLY AGREE THAT USE OF THE SITES IS AT YOUR SOLE RISK. THE SITES AND ANY SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. RXSALUDABLE AND ITS AFFILIATES, INCLUDING ALL AFFILIATED PROFESSIONAL ENTITIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, EMPLOYEES, AND AGENTS (COLLECTIVELY "RELATED PERSONS") MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, AVAILABILITY, SECURITY, OPERABILITY, ACCURACY OF DATA, FREEDOM FROM VIRUSES, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, OR SPEED OF DELIVERY.
RXSALUDABLE DOES NOT GUARANTEE THAT THE SITES WILL BE UNINTERRUPTED, OR FREE FROM ERROR, DEFECT, LOSS, DELAY, CORRUPTION, CYBER ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL RXSALUDABLE, ITS RELATED PERSONS OR LICENSORS BE LIABLE TO YOU OR TO ANY PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE OR DATA, SERVICE INTERRUPTION, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, INCLUDING DEATH, ARISING OUT OF OR IN CONNECTION WITH ANY ACCESS, USE OF (OR INABILITY TO USE) THE SITES OR ANY SERVICES.
You agree to indemnify, defend, and hold harmless RxSaludable, its affiliates, subsidiaries, and their directors, officers, employees, contractors, licensors, suppliers, representatives, and agents from and against any third-party suits, actions, claims, damages, settlements, judgments, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys' fees), relating to your use of materials or features available on the Sites in an unauthorized manner, fraud, violation of law, or willful misconduct, or any breach by you of these Terms of Use.
RxSaludable reserves the right at any time and for any reason to modify, or temporarily or permanently discontinue, the Sites or Services or any portion thereof, with or without notice.
If you receive a prescription as a result of the Services, you may select RxSaludable LLC or one of our partner pharmacies (collectively, the "RxSaludable Pharmacy Network") to ship your prescription. You give us consent to send and disclose to the RxSaludable Pharmacy Network all information provided by you, health care records, and other applicable health care information so that you may receive pharmacy services.
If you select to use the RxSaludable Pharmacy Network to fulfill any prescriptions, you acknowledge that your medication, if approved, will not be shipped in child-resistant packaging and that you must keep it out of the reach of children.
You agree to pay all fees due for services requested. By entering your payment information and submitting your request, you authorize us, our affiliates, or our third-party payment processors to charge the amount due. You are responsible for all fees due to receive health care services and pharmacy services, including any fees charged by the health care organization(s) or provider(s). RxSaludable and/or the health care organization(s) and/or provider(s) have no obligation to provide any health care services or pharmacy services unless and until full payment has been received and/or verified.
Federal and state health care programs, such as Medicare and Medicaid, do not pay for all health care costs. Neither federal nor state health care programs currently pay for any of the medical services or products made available through the Services. By agreeing to use the Services, you acknowledge that: (1) you will pay directly for any medical services and products provided to you, and (2) neither RxSaludable nor any RxSaludable affiliated health care organization or provider will bill any federal or state health care program for such medical services or products.
This section describes additional terms applicable to your participation in the Testosterone Health Program (the "Program"). The Program is designed to provide access to routine and necessary services for the management of low testosterone in biological males caused by secondary hypogonadism. The Program is not health insurance or a substitute for health insurance. You should keep your existing health insurance coverage while you are participating in the Program.
Eligibility limitations applicable to the Program: Except in New York, Florida, and Illinois, in order to participate you must have a commercial health insurance benefits plan that may be billed for laboratory services. You understand that affiliated professional entities, healthcare professionals, and pharmacies in the RxSaludable Pharmacy Network will not bill your health insurance benefits plan for the health care and pharmacy services provided as part of the Program.
Onboarding and diagnosis: To participate, you must be evaluated by a doctor or nurse practitioner on the RxSaludable platform and meet the clinical criteria. You must complete an initial onboarding telehealth medical assessment (the "Diagnosis Online Visit") and obtain laboratory blood testing. You are responsible for payment of the Diagnosis Online Visit and laboratory testing even if you do not meet the clinical criteria.
Membership and Additional Services: The Program includes 12 months of Membership; up to eight (8) discrete medical consults per year; provider services to order and interpret up to eight (8) lab panels per year (lab costs not included); up to eight (8) at-home blood draws; secure messaging with your provider; and fulfillment of prescription medication for the treatment of low testosterone with free two-day shipping if you choose the RxSaludable Pharmacy Network. Additional Services Fees: $15.00 for each additional consult or lab interpretation; $125.00 for each additional at-home blood draw.
At-home phlebotomy services: You will receive up to eight (8) at-home blood draws from our partner mobile phlebotomy provider as part of the Membership Services.
Laboratory testing services not included: Your blood sample will be processed and tested by Quest Diagnostics. Your Membership Fee does not include the cost of any laboratory services provided by Quest, and Quest may bill you directly.
Payment of Membership Fee: Your Membership Fee will be automatically charged to your payment card or PayPal account on a recurring monthly basis (approximately every 28-30 days) until your Membership is canceled. Once paid, your Membership Fee is non-refundable. You may cancel at any time by calling us at +1 (470) 762-1986, emailing support@rxsaludable.com, or logging into your Secure User account.
Canceling your Membership: You may cancel your Membership at any time by calling us at +1 (470) 762-1986, emailing support@rxsaludable.com, or logging into your Secure User account. Any Membership Fees paid prior to the date of cancellation are non-refundable.
Delaying your Membership: If you would like to delay your billing date, you may do so by logging into your Secure User account, calling +1 (470) 762-1986, or emailing support@rxsaludable.com. If you delay for a cumulative period of eight (8) consecutive weeks or more without scheduling a Continuation Visit, your Membership may be canceled without notice.
Pausing your Membership: You may pause your Membership by turning off auto-payments (going "On-demand"). If you remain On-demand for eight (8) consecutive weeks or more without scheduling a Continuation Visit, your Membership may be canceled without notice.
No Testosterone Replacement Therapy: The Program is not appropriate for patients seeking testosterone replacement therapy ("TRT"), such as testosterone patches, gels, injections, or pellets. Providers participating in the Program cannot prescribe TRT by telehealth.
No representation, warranty, or guarantee of continued availability of the Program: NEITHER RXSALUDABLE NOR THE AFFILIATED PROFESSIONAL ENTITIES MAKE ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES REGARDING THE CONTINUED AVAILABILITY OF THE PROGRAM. THE PROGRAM MAY BE DISCONTINUED AT ANY TIME. YOU WILL BE GIVEN 30 DAYS' NOTICE OF ANY SUCH DISCONTINUATION.
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND RXSALUDABLE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM RXSALUDABLE.
These Terms of Use and your use of the Sites shall be governed by the laws of the State of Delaware, without giving effect to the principles of conflict of laws. Any dispute arising under or relating in any way to these Terms of Use will be resolved exclusively by final and binding arbitration in New York, New York under the rules of the American Arbitration Association, except that either party may bring a claim related to intellectual property rights, or seek temporary and preliminary specific performance and injunctive relief, in any court of competent jurisdiction. The parties agree that the courts located in New York, New York shall have exclusive personal jurisdiction, subject matter jurisdiction, and venue for any such claim.
If we cannot enforce a part of this contract as written, then that part will be replaced with terms that most closely match the intent. The invalidity of part of these Terms of Use will not affect the validity and enforceability of the remaining provisions.
No waiver by RxSaludable of any term or condition shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition.
Neither these Terms of Use, nor any Content, materials or features of the Services create any partnership, joint venture, employment, or other agency relationship between us and you.
You agree that any violation, or threatened violation, by you of these Terms of Use constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate.
You may not assign any of your rights under these Terms of Use, and any such attempt will be null and void. Wasef Health, PC and their affiliates may transfer all contractual rights and obligations pursuant to these Terms of Use without further consent or notification if some or all of the business of RxSaludable is transferred to another entity.
RxSaludable complies with the provisions of the Digital Millennium Copyright Act ("DMCA") applicable to Internet service providers (17 U.S.C. § 512, as amended), and responds to clear notices of alleged copyright infringement. If you have objections to copyrighted content or material made available on or through our Sites, you may submit a notification to our Designated Agent at:
230 Sunrise Ave Ste B # 145, Palm Beach, FL 33480
support@rxsaludable.com
Any notification under 17 U.S.C. § 512(c) must include: an electronic or physical signature of the person authorized to act on behalf of the owner; an identification of the copyrighted work claimed to be infringed; an identification of the infringing material and where it is located on our Sites; information sufficient to contact you; a good-faith belief statement; and a signed statement, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.
Thank you for choosing Wasef Health, PC ("Wasef"). You are viewing this section because you have elected to engage in asynchronous telemedicine visits with a Wasef healthcare practitioner. Your practitioner is a board-certified physician licensed in your state. By accepting these Terms of Use, you acknowledge you have read and understand the terms presented below, understand the risks and benefits of asynchronous telemedicine, and give your informed consent to participate in asynchronous telemedicine.
What is Telemedicine? Telemedicine is the delivery of healthcare services, including examination, consultation, diagnosis, and treatment, through electronic communication technologies when you are located in a different location than your healthcare practitioner.
What is Asynchronous Telemedicine? Asynchronous telemedicine is "store-and-forward" communication, where participants submit and collect data at different times. Wasef's platform allows for: (1) text-based practitioner-patient interactions through SMS and MMS communications; and (2) secure information collection through asynchronous store-and-forward patient questionnaires.
Possible Risks: As with any medical treatment, there are potential risks: delays in evaluation due to equipment or Internet failures; security protocol failures causing privacy breaches; lack of complete medical records leading to potential adverse outcomes if you do not fully disclose your medical history; and the fact that asynchronous telemedicine services are NOT emergency services and your Personal Data WILL NOT be monitored 24/7. If you think you are experiencing a medical emergency, CALL 911 IMMEDIATELY.
THE CARE YOU RECEIVE WILL BE AT THE SOLE DISCRETION OF THE HEALTHCARE PRACTITIONER WHO IS TREATING YOU, WITH NO GUARANTEE OF DIAGNOSIS, TREATMENT, OR PRESCRIPTION.
Your Rights and Acknowledgements: You have the same privacy rights via asynchronous telemedicine that you would have during an in-person visit. Asynchronous telemedicine may involve electronic communication of your personal medical information to healthcare practitioners who may be located in other areas, including out of state. You understand that no results can be guaranteed. All information submitted via text message and entered by your healthcare practitioner will be part of your medical record and available by emailing contact@wasef-health.com. You may withdraw your consent and delete your patient profile at any time by emailing contact@wasef-health.com.
Call/Email/Text Messaging Consent: You expressly consent to allow Wasef or its healthcare practitioners to call, email, or text you (via SMS and/or MMS) regarding your Personal Data, appointments, or similar matters. Any calls or texts may be placed using an auto-dialer or pre-recorded voice. Your phone carrier's normal rates may apply. This is consent, not a condition of purchase. You may revoke this consent at any time by emailing contact@wasef-health.com.
RxSaludable LLC
230 Sunrise Ave Ste B # 145, Palm Beach, FL 33480
support@rxsaludable.com
+1 (470) 762-1986