TERMS OF SERVICE

Conditions of Service 

Customer Terms of Service and Definitions 

In this document, “Patient” means the person receiving treatment. “Patient Representative” means any person acting on behalf of the Patient and signing as the Patient’s representative. Use of the word “I,” “you,” “your” or “me” may include both the Patient and the Patient Representative. With respect to financial obligations “I” or “me” also may mean financial guarantor “Guarantor,” depending on the context.

“Provider” means VenusIV and may include healthcare professionals employed by VenusIV and any authorized agents, contractors, affiliates, successors or assignees acting on its behalf.

These Terms of Service govern your access to and use of any services provided by VenusIV. By using the Service, you acknowledge that you have read, accepted, and agreed to be bound by these Terms. 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.

If you have any questions concerning these Terms, please contact us at info@venusiv.com. Further, if you have a medical emergency, immediately call your doctor or dial 911.  This service may not be appropriate for all medical conditions or concerns. 

Consent to Treatment 

I consent to the procedures which may be provided by VenusIV, including, but not limited to, IV hydration services.  I acknowledge that VenusIV does not encourage the excessive use of alcohol. 

Services that may be provided by VenusIV have not been evaluated by the Food and Drug Administration. These products are not intended to diagnose, treat, cure or prevent any disease. The material found on the website, ww.VenusIV.com, is provided for informational purposes only and is not medical advice. Always consult your physician before beginning any treatment or therapy program. Any designations or references to therapies are for marketing purposes only and do not represent actual products.

Consent to Use of Email or Text for Discharge Instructions and Other Healthcare Communications

 If I provide VenusIV with an email or text address at which I may be contacted, I consent to receiving instructions regarding treatment or care after treatment and other healthcare communications at that email or text address or at any text number forwarded from that number.

These instructions may include, but not be limited to: post-IV instructions, physician follow-up instructions and dietary information. The other healthcare communications may include, but are not limited to, reminder messages to me regarding appointments.

Limited Use 

VenusIV services are currently only available to individuals who meet certain age or and/or consent requirements. You must be at least 18 years of age when utilizing VenusIV.  

Financial Agreement

In consideration of the services to be rendered to Patient, Patient promises to pay the Patient’s account at the rates stated on the VenusIV website (www.venusIV.com), effective on the date the charge is processed. These rates are expressly incorporated by reference. If an item is not listed on the website, that item will be priced separately. An estimate of the anticipated charges for services to the Patient is available on request. However, estimates may vary significantly from the final charges, based on a variety of factors, including, but not limited to, the course and intensity of treatment and the need to provide additional goods and/or services. By scheduling an appointment with VenusIV, you hereby agree VenusIV has the right and authorize VenusIV to automatically charge your credit card (or other payment method) for the applicable fees or charges, plus any applicable taxes. Payments will be charged at the time of service.

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 advanced notice of cancellation.  If you book your service less than 24-hours in advance, you may not cancel.  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 advanced notice of any cancellations.  For example, if you book a service for six (6) people, but only four (4) are present for the service with no 24-hour advanced notice for the other two (2) patients, you will be charged for all six (6) services.  

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. Missed appointments due to circumstances under the control of the patient are not refundable. 

Misrepresentations. If, during the process of scheduling an appointment with VenusIV, you misrepresent yourself in any manner, including but not limited to, a misrepresentation of your age or medical history, VenusIV 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, VenusIV will not perform the service and you will be charged the full amount.

Third Party Collection 

If your account is determined to be delinquent, it may be subject to late fees, interest as stated, referral to a collection agency for collection as a delinquent account, credit bureau reporting and enforcement by legal proceedings. I also agree that if the Provider initiates collection efforts to recover amounts owed by me or my Guarantor, then, in addition to amounts incurred for the services rendered, Patient or Guarantor will pay, to the extent permitted by law: any costs incurred by the Provider in pursuing collection, including, but not limited to, reasonable attorneys’ fees; and any court costs or other costs of litigation incurred by the Provider.

User Account 

In order to access certain features our website, 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 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.

Third Party Websites

Our Site or App may contain links to, or advertisements and content from, other websites, including those of third parties or business partners. 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.

Prohibited Use 

Any use or attempted use of the Service (i) for any unlawful, unauthorized, fraudulent or malicious purpose, (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, (iii) that could interfere with any other party’s use and enjoyment of the Service, (iv) to gain unauthorized access to any other accounts, computer systems, or networks connected to any server or systems through hacking, password mining or any other means, (v) to access systems, data, or information not intended by VenusIv to be made accessible to a user, (vi) to obtain any materials, or information through any means not intentionally made available by VenusIV, (vii) to reverse engineer, disassemble or decompile any section or technology on the Service, (viii) for research or to compete with VenusIV, or (ix) any use other than the business purpose for which it was intended, is prohibited.

In addition, in connection with your use of the Service, you agree you will not: (a) upload or transmit any message, information, data, text, software or images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another’s right of privacy or publicity; (b) create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any VenusIV representative, or falsely state or otherwise misrepresent your affiliation with a person or entity; (c) upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements); (d) upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, spyware or any other similar software or programs that may damage the operation of another’s computer or property of another; (e) delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature; (f) use the Service’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text); (g) upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “phishing” or any other form of solicitation, commercial or otherwise; (h) violate any applicable local, state, national or international law; (i) upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party; (j) delete or revise any material posted by any other person or entity; (k) manipulate or otherwise display the Service by using framing, mirroring or similar navigational technology; (l) probe, scan, test the vulnerability of or breach the authentication measures of, the Service or any related networks or systems; (m) register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any services or any contests, promotions or sweepstakes if you are not expressly authorized by such party to do so; (n) harvest or otherwise collect information about others, including email addresses; (o) use any robot, spider, scraper, or other automated or manual means to access the Service, or copy any content or information on the Service; or (p) assist or permit any person in engaging in any of these activities.

VenusIV reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of a User’s access and/or account. VenusIV may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong.

Except as may be provided in the Privacy Statement, VenusIV reserves the right at all times to disclose any information as VenusIV deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in VenusIV’s sole discretion.

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, VenusIV, its directors, advisors, officers, employees, suppliers, licensors, 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.

Termination

The VenusIV may terminate your use of the Service or any of our features or services at any time and for any reason without notice, including, but not limited to, for conduct violating these Terms of Use or if we discontinue the Service.

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.  Venus IV 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.

Entire Agreement

These Terms constitute the complete and entire agreement between you and Venus IV concerning its subject matter, and supersedes all prior agreements and representations between the parties.

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.

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.

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.