Terms of Use

Customer Terms of Service

Medworks Aesthetics (“Medworks Aesthetics,” “we,” “us,” “our) thank you for visiting our website (the “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, 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. After submitting a booking form you may receive occasional newsletters and offers from us via email. We will not sell or distribute your email address to any third party at any time.  You can unsubscribe from these emails at any time. View our Privacy Policy here.  You agree to notify us promptly if your email address changes.  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 through our contact form.  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, the information provided by you and information about your geolocation.

2.  USER ACCOUNT

In order to access certain features of the Service, you may be asked to create a User Account.  In creating a User Account, you may be asked to provide certain personalized information to us.  Our information collection and use policies with respect to the privacy of such information are set forth in the Service’s Privacy Policy, which is incorporated herein by reference for all purposes.  It is your responsibility to provide us with accurate, complete, and up-to-date information for your account.  You agree to promptly update such information as needed.

When you create a User Account, you agree to take full responsibility for maintaining the confidentiality of your access credentials used to log into the Service (e.g., username and password), and for all activity that is generated by your User Account.  You may not permit anyone else to use your access credentials, and you may not use anyone else’s access credentials.  You may not attempt to gain unauthorized access to any other user’s access credentials.  You agree to immediately notify us in the event that (i) your access credentials are lost or stolen, or (ii) you become aware of any unauthorized use of your access credentials or of any other breach of security that might affect the Service.  We are not responsible for any loss or damage arising from someone else using your access credentials or your failure to comply with this section.

3. GENERAL USE OF THE SERVICE

  • Limited License. Subject to your compliance with these Terms, we hereby grant you a limited, revocable, non-exclusive, non-sublicensable, 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 Medworks Aesthetics 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 Medworks Aesthetics 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.

4. MEDICAL DISCLAIMER

Medwoorks Aesthetics Service is designed to enable you to request and book certain intravenous hydration services to be provided by a licensed medical professional.  We only schedule your requested service(s) and bill you on behalf of the licensed medical professional.  We do not provide medical care services. Our Service is not engaged in the practice of medicine and is not a health care provider.

A licensed health care professional, who has contracted with us, will perform the requested healthcare services for you. The health care professional with which you establish a treatment relationship is solely responsible for providing you with medical services.

We encourage you to consult with your own health care provider prior to using Medworks Aesthetics Service to book any health care service or if you have any questions regarding any potential health care service.

These Terms apply to the Service.  We may also present to you through your use of the Service any terms specific 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.

The Service is only available to individuals who are at least 18 years old.  If you are not 18 years old, please do not use our Service.

5. PAYMENTS

  • Payments. By booking an appointment for Medworks Aesthetics services through the Service, you agree to pay Medworks Aesthetics the fee indicated for the booked service. Payments will be charged at the time of scheduling or at the time of service.

  • Refunds and/or Credits.

  • In the event that the medical professional 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.

  • In the event that the medical professional 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).

  • Authorization to Charge. By using the Booking Services, you hereby agree Medworks Aesthetics has the right and authorize Medworks Aesthetics to automatically charge your credit card (or other payment methods) for the applicable fees or charges, plus any applicable taxes.

  • Misrepresentations. If during the Booking Service process, you misrepresent yourself in any manner, including but not limited to, misrepresentation of your age or medical history, Medworks Aesthetics reserves the right to cancel your booked service without notice and charge you the full amount. If at the time of your booked service, you are under the influence of drugs or alcohol, Medworks Aesthetics will not perform the service and you will be charged the full amount.

6. INDEMNIFICATION

You agree to release, indemnify, defend and hold harmless Medworks Aesthetics, 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.

7. 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 third-party 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.

8. 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 NON-INFRINGEMENT, (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.

9.  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, MEDWORKS AESTHETICS, 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.

10. 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, Medworks Aesthetics will stop providing the Service to you.

11. INFORMATION

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.

12. AVAILABILITY

Our goal is to provide a product with outstanding uptime 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.  Although we strive to operate without interruption, we do not guarantee that the Service will always be made available.

13. 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 the 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.

14. 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.

15. 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 Site or App in a way that constitutes infringement, please contact us through our contact form.  In accordance with the Digital Millennium Copyright Act, we have designated a Copyright Agent to receive notices of claims of copyright infringement on the Site or App.  Our Copyright Agent may be reached through our contact form.

16. 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 an inherent risk in the 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.

17. REMEDIES FOR BREACH

If we determine, in our sole discretion, that you have breached any portion of these Terms, or have otherwise demonstrated conduct inappropriate for the Site or App, we reserve the right to: (i) remove your name and information from our notification lists; (ii) notify and/or fully cooperate with the proper law enforcement authorities for further action; (iii) discontinue your ability to use the Service; and/or (iv) any other action which we deem to be appropriate.

If your ability to access the Services is discontinued by us due to your violation of any portion of the Terms or for conduct otherwise inappropriate, in our sole discretion, then you agree that you shall not attempt to re-register with or access the Services and/or any other product, content, or service provided by us, through use of a different name or otherwise.

The remedies contained in the Terms are not the exclusive remedies for your breach, but will be in addition to all other remedies available to us by law or in equity.

18.  OTHER TERMS

18.1          Assignment. You may not assign or otherwise transfer any rights, or delegate or otherwise transfer any of your obligations or performance, under these Terms, in each case whether voluntary, involuntary, by operation of law, or otherwise, without our prior written consent.  Any purported assignment, delegation, or transfer in violation of this section is void.  Medworks Aesthetics may freely assign or otherwise transfer all or any of its rights, or delegate or otherwise transfer all or any of its obligations or performance, under this Agreement without your consent.  This Agreement is binding upon and inures to the benefit of the parties hereto and their respective permitted successors and assigns.

18.2          Entire Agreement.  These Terms constitute the complete and entire agreement between you and Medworks Aesthetics concerning its subject matter, and supersedes all prior agreements and representations between the parties.

18.3          Interpretation.  The use of the terms “includes,” “including,” “such as,” and similar terms, will be deemed not to limit what else may be included.  The headings in these Terms are for reference only and do not affect the interpretation of these Terms.

18.4          No Waiver.  A party’s failure to delay or enforce a provision under these Terms is not a waiver of its right to do so later.

18.5          Severability.  If any provision of this Agreement is held to be unenforceable for any reason, such provision will be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement will continue in full force and effect.

18.6          Governing Law and Jurisdiction.  This Agreement is governed by and construed under the laws of the State of California without reference to its conflict of law principles.  In the event of any conflicts between foreign law, rules, and regulations, and California law, rules, and regulations; California law, rules, and regulations will prevail and govern.  Each party agrees to submit to the exclusive and personal jurisdiction of the courts located in California.  All parties to these terms and conditions waive their respective rights to a trial by jury.

19.  CONTACT US

If you have any questions concerning these Terms, please contact us through our contact form.

BY CLICKING “I AGREE,” checking a related box to signify your acceptance, using any other ACCEPTANCE protocol presented through the service (AS DEFINED BELOW) or otherwise affirmatively accepting these Terms and Conditions, YOU ACKNOWLEDGE THAT YOU HAVE READ, ACCEPTED, AND AGREED TO BE BOUND BY this agreement. IF YOU DO NOT AGREE TO THESE TERMS and conditions, DO NOT create an account or USE THE SERVICE. YOU HEREBY GRANT AGENCY AUTHORITY

TO ANY PARTY WHO CLICKS ON THE “I AGREE” BUTTON or otherwise indicates acceptance to these Terms and Conditions ON YOUR BEHALF.

Purpose
The purpose of this consent form (“Consent”) is to provide you with information about telehealth and to obtain your informed consent to the use of telehealth in the delivery of healthcare services to you by physicians, physician assistants and nurse practitioners (“Providers”) using the online platforms owned and operated by Medworks Aesthetics (the “Service”).

Use of Telehealth
Telehealth involves the delivery of healthcare services using electronic communications, information technology or other means between a healthcare provider and a patient who are not in the same physical location. Telehealth may be used for diagnosis, treatment, follow-up and/or patient education, and may include, but is not limited to, one or more of the following: electronic transmission of medical records, photo images, personal health information or other data between a patient and a healthcare provider; interactions between a patient and healthcare provider via audio, video and/or data communications (such as secure messaging); use of output data from medical devices, sound and video files. Alternative methods of care may be available to you, such as in-person services, and you may choose an alternative at any time. Always discuss alternative options with your Provider.

Anticipated Benefits
**The use of telehealth may have the following possible benefits: Making it easier and more efficient for you to access medical care and treatment for the conditions treated by your Provider(s); allowing you to obtain medical care and treatment by Provider(s) at times that are convenient for you; and enabling you to interact with Provider(s) without the necessity of an in-office appointment.

Potential Risks
While the use of telehealth in the delivery of care can provide potential benefits for you, there are also potential risks associated with the use of telehealth and other technology. These risks include, but may not be limited to the following: the quality, accuracy or effectiveness of the services you receive from your Provider could be limited’ technology, including the Service, may contain bugs or other errors, including ones which may limit functionality, produce erroneous results, render part or all of such technology, including the Service, unavailable or inoperable, produce incorrect records, transmissions, data or content, or cause records, transmissions, data or content to be corrupted or lost; failures of technology may also impact your Provider(s) ability to correctly diagnose or treat your medical condition; the inability of your Provider(s) to conduct certain tests or assess vital signs in-person may in some cases prevent the Provider(s) from providing a diagnosis or treatment or from identifying the need for emergency medical care or treatment for you; your Provider(s) may not able to provide medical treatment for your particular condition and you may be required to seek alternative healthcare or emergency care services; delays in medical evaluation/treatment could occur due to unavailability of your Provider(s) or deficiencies or failures of the technology or electronic equipment used; the electronic systems or other security protocols or safeguards used could fail, causing a breach of privacy of your medical or other information; given regulatory requirements in certain jurisdictions, your Provider(s) diagnosis and/or treatment options, especially pertaining to certain prescriptions, may be limited; a lack of access to all of your medical records may result in adverse drug interactions or allergic reactions or other judgment errors.

Follow Up Care; Emergency Situations
If the situation is an emergency, call 911. In some situations, telehealth is not an appropriate method of care. If you require immediate or urgent care, you must seek care at an emergency room facility or other provider equipped to deliver urgent or emergent care.

Data Privacy and Protection
The electronic systems used in the Service will incorporate network and software security protocols to protect the privacy and security of your information, and will include measures to safeguard data against intentional or unintentional corruption. Personal information that identifies you or contains protected health information will not be disclosed to any third party without your consent, except as authorized by law for the purposes of consultation, treatment, payment/billing, and certain administrative purposes, or as otherwise set forth in your Provider’s Notice of Privacy Practices.

Your Acknowledgements
By clicking “I Agree”, checking a related box to signify your acceptance, using any other acceptance protocol presented through the Service or otherwise affirmatively accepting this consent, you are agreeing and providing your consent with respect to the following: Healthcare services provided to you by Providers via the Service will be provided by telehealth. Certain technology, including the Service, may be used while still in a beta testing and development phase, and before such technology is a final and finished product. Technology used to deliver care, including the Service, may contain bugs or other errors, including ones which may limit functionality, produce erroneous results, render part or all of such technology unavailable or inoperable, produce incorrect records, transmissions, data or content, or cause records, transmissions, data or content to be corrupted or lost, any or all of which could limit or otherwise impact the quality, accuracy and/or effectiveness of the medical care or other services that you receive from your Provider(s). The delivery of healthcare services via telehealth is an evolving field and the use of telehealth or other technology in your medical care and treatment from Provider(s) may include uses of technology different from those described in this Consent or not specifically described in this Consent. No potential benefits from the use of telehealth or other technology or specific results can be guaranteed. Your condition may not be cured or improved, and in some cases, may get worse. There are limitations in the provision of medical care and treatment via telehealth and technology, including the Service, and you may not be able to receive diagnosis and/or treatment through telehealth for every condition for which you seek diagnosis and/or treatment. There are potential risks to the use of telehealth and other technology, including but not limited to the risks described in this Consent. You have the opportunity to discuss the use of telehealth, including the Service, with your Provider(s), including the benefits and risks of such use and the alternatives to the use of telehealth. You have the right to withdraw your consent to the use of telehealth in the course of your care, without prejudice to any future care or treatment and without risking the loss or withdrawal of any health benefits to which your entitled, but you understand that the Providers who utilize the Service do not offer in-person treatment. Any withdrawal of your consent will be effective upon receipt of written notice to your Providers, except that such withdrawal will not have any effect on any action taken by Medworks Aesthetics or your Provider(s) in reliance on this Consent before it received your written notice of withdrawal. Any withdrawal of your consent will not affect any other provision of this Consent, and you will continue to be bound by this Consent. You understand that the use of telehealth involves electronic communication of your personal medical information to Provider(s). You understand that it is your duty to provide Medworks Aesthetics and your Provider(s) truthful, accurate and complete information, including all relevant information regarding care that you may have received or may be receiving from healthcare providers. You understand that each of your Provider(s) may determine in his or sole discretion that your condition is not suitable for diagnosis and/or treatment using telehealth technology, including the Service, and that you may need to seek medical care and treatment from your Provider(s), or a specialist or other healthcare provider, outside of such telehealth technology. Medworks Aesthetics has a commercial relationship with several partner pharmacies. Medworks Aesthetics has a financial relationship with the entity that employs or contracts with your Provider. You are free to obtain your medical examination from another healthcare provider that is not associated with Medworks Aesthetics. Medworks Aesthetics will use its pharmacy partner to fulfill your order directly to your door. You must pay the full amount of the costs associated with use of the Service, including any prescription you may receive, and you will not attempt to submit a claim to Medicare, any other federal payor, or any state or private insurer.