Terms of Service

Last Updated: May 11,2016

Welcome to the Pandia Health (“Pandia Health”) website located at www.pandiahealth.com (the “Site”). Please read these Terms of Service (the “Terms”) and our Privacy Policy carefully because they govern your use of our Site and our pharmacy and prescription delivery services accessible via our Site and our mobile device application (“App”). To make these Terms easier to read, the Site, our services and App are collectively called the “Services.”


Our Services

Pandia Health provides prescription delivery services and referral to telehealth providers for prescriptions in certain geographic areas. Once you create an account and provide us with certain information, you’ll be able to order and schedule delivery of prescriptions using the Services and connect to a telehealth provider for birth control evaluation (if needed).

When you use our Services to request to receive a prescription, we either fulfill or process your prescription through an independent “partner pharmacy” that processes and fulfills your prescription.

By using Pandia Health, you consent to the following:

  • Pandia Health may use the personal data you provide via the Services or over the phone to process and fulfill your prescription medications;
  • Pandia Health will provide your personal data to our partner pharmacy that will process and fulfill your prescription.

IF YOU DO NOT AGREE TO THE SPECIFIC TERMS ABOVE, PLEASE DO NOT USE THE Pandia Health SERVICES.

IN THE EVENT OF A MEDICAL EMERGENCY, DO NOT USE THE SERVICES. PLEASE CALL 911.


Agreement to Terms

By using our Services, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree to these Terms and our Privacy Policy, do not use the Services.


Changes to Terms or Services

We may modify the Terms at any time, at our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site or through other communications. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms. If you do not agree to be bound by the modified Terms, then you may not use the Services anymore. Because our Services are evolving over time, we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.


Who May Use the Services

Eligibility

The Pharmacy and prescription delivery services are only available in certain geographic areas. You can check our Site to see if your area is currently being serviced.

You may use the Services only if you are 18 years or older and capable of forming a binding contract with Pandia Health and are not barred from using the Services under applicable law. [If you are under the age of 18, you may request services from Pandia Health and Pandia Medical Group. However, the provision of services for individuals under 18 may only be provided if permitted under applicable state law and in compliance with the Pandia Health requirements.]


Registration and Your Information

Before you can start using the Services, you have to create an account (“Account”). It’s important that you provide us with accurate, complete, and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you will not disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.


Passwords, Usernames, and Accounts

Your Account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. You may never use another User’s account without permission. You are solely responsible for the activity that occurs on your account, and are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your password or Account. It is your sole responsibility to (1) control the disclosure and use of your Account and password; (2) authorize, monitor, and control access to and use of your Account and password; (3) promptly change your password if you feel it has become compromised; and (4) promptly inform us of any need to deactivate your Account entirely. You grant us and all other persons involved in the operation of the Services the right to transmit, monitor, retrieve, store and use your information in connection with the operation of the Services. You represent and warrant to us that all information submitted to us through your Account is current, accurate and complete and Pandia Health does not assume any responsibility or liability for information you submit, your or third-parties’ use or misuse of information transmitted or received using the Services. [To change your password, click the Secure Login portal, sign in and change your password in the account details section.]


Fees

You are solely responsible for the cost of your medication that you receive by using the Services. If you provide us with your insurance information, we will bill the insurance company first for prescriptions. After confirming with you, we will charge the cost of your prescription (including any copays) using the credit card you provide when you create an account. Delivery is by regular USPS priority mail. If you need delivery faster, there will be additional charges. You will also be responsible for the fees related to any services you choose on the Site and any additional care you receive as indicated in the pricing section.

We reserve the right to change our fee structure at any time and will notify you and confirm your agreement to proceed before changes are charged to you.


Health-Related Content is not Professional Medical Advice

By using Pandia Health’s Services, you agree that any health-related content found in the Services provides only general, reference information and is not intended to be specific guide for self-medication purposes or a substitute for professional medical advice. If you have questions, you should discuss the content provided with your primary care provider or another licensed healthcare professional. You should also check product information (including package inserts) regarding dosage, precautions, warnings, interactions, and contraindications before taking or using any device, medication, or supplement discussed on the Services.

You understand and agree that in no event will Pandia Health be liable for any decision made or action taken in reliance on the information contained on, or accessible through, the Services. Reliance on any content provided by, or otherwise appearing on, the Services is solely at your own risk.

You understand and agree that neither Pandia Health nor its partners, suppliers, or vendors are responsible for any claim, loss, or damage directly or indirectly resulting from your use of the Services or the information resources contained on or accessible through the Services.


Feedback

We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at info@pandiahealth.com. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise to exploit the Feedback for any purpose.


Privacy Policy

In order for us to provide the Services to you, you will need to provide certain personal information. The information you submit to us is governed by our Privacy Policy. Please refer to our Privacy Policy for information on how we collect, use and disclose information from you and our other users.


Content and Content Rights

For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that Account holders (including you) provide to be made available through the Services. Content includes without limitation User Content. Reliance on the Content is solely at your own risk.


Content Ownership, Responsibility and Removal

Pandia Health does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Pandia Health and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.


Rights in User Content Granted by You

Subject to our obligations under the federal Health Insurance Portability and Accountability Act and other applicable laws, by making any User Content available through Services you hereby grant to Pandia Health a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform and distribute your User Content in connection with operating and providing the Services and Content to you.


Rights in Content Granted by Pandia Health

Subject to your compliance with these Terms, Pandia Health grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download, view, copy, display and print the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.


Prohibited Conduct

You agree that you will not initiate, engage in, or encourage any Prohibited Conduct in connection with your use of our Services. “Prohibited Conduct” includes doing things like:

  • interfering or disrupting, or attempting to interfere or disrupt, any computer or network used to provide or support the Services;
  • restricting or inhibiting any other user from using and enjoying the Services;
  • promoting, encouraging, advocating, or providing instructional information about illegal activities;
  • harassing, bullying or threatening other users;
  • uploading invalid data, viruses, worms, or other software agents through the Services;
  • copying, distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated “scraping”
  • using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Services in a manner that sends more request messages to the Pandia Health servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser
  • impersonating another person or representing yourself as affiliated with us, our staff or other industry professionals;
  • soliciting passwords, account information or other personal information from other users; * except as approved by us in writing, conducting commercial activities and/or promotions or advertisements;
  • subleasing your account or offering “free space” on or other access to your account to others;
  • using the Services for fraudulent transactions or for any purpose that violates any applicable local, state, national, or foreign laws, regulations, or treaties;
  • interfering with the proper working of the Services;
  • accessing any content on the Services through any technology or means other than those provided or authorized by the Services;
  • bypassing the measures we may use to prevent or restrict access to the Services, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein; or otherwise creating liability for us.

We may, without prior notice, and solely in compliance with any applicable laws, change the Services; stop providing the Services or features of it, to you generally; or create usage limits for the Services. We may permanently or temporarily terminate or suspend your access to the Services without notice and liability for any lawful reason, including if in our sole determination you violate any provision of this Agreement, or for no reason if lawfully permitted. Upon any such termination, you continue to be bound by this Agreement.


No Unlawful or Prohibited Use

As a condition of your use of the Services, you warrant to us that you will not use the Services for any purpose that is unlawful or prohibited by these Terms. If you violate any of the Terms, your permission to use the Services automatically ends.


Enforcement by Us

We have the right (but not the obligation) to review any or all portions of your Content and delete (or modify) any of your Content from our Services for any reason, including if we believe, in our sole judgment, your Content violates these Terms, or that we believe constitutes or promotes Prohibited Conduct or otherwise threatens the safety of, or harms any other person, or creates liability for us or any other person. We reserve the right (but have no obligation) to investigate and take appropriate action, including removing your Content from our Services (or modifying it), suspending or terminating your account and/or suspending or terminating the provision of our Services to you, and/or reporting you to law enforcement authorities, if you violate any provision of these Terms. In order to cooperate with governmental requests, subpoenas or court orders, to protect our systems, service providers, partners, and other users, or to ensure the integrity and operation of our business and systems, we may access and disclose any information or content we consider necessary or appropriate, including your account information (i.e. name, e-mail address, etc.), IP address and traffic information, usage history, your Content, and your conduct.


Links to Third Party Websites or Resources

The Services and Site may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites, resources or links displayed on such websites, or security or privacy practices of third-party websites and do not make any representations regarding their content or accuracy. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources. Links to third-party websites do not constitute or imply endorsement by us of those websites, the information they contain or any products or services they describe.


Termination

We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at info@pandiahealth.com. Upon any termination, discontinuation or cancellation of Services or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, Sections titled “Feedback,” “Content Ownership,” “Responsibility and Removal,” “Warranty Disclaimers,” “Limitation of Liability,” “General Terms.”


Warranty Disclaimers

THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES, ALL SITE-RELATED SERVICES, AND THIRD-PARTY WEBSITES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE SERVICES OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OF ANY KIND. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.

Pandia Health EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESSED OR IMPLIED, REGARDING A PHARMACY’S PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK, OR ACCURACY IN FULFILLING YOUR PRESCRIPTION. Pandia Health EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY INCORRECTLY PROCESSED PRESCRIPTION BY THE RELEVANT PHARMACY OR ANY INACCURATE INFORMATION PROVIDED BY YOU. Pandia Health EXPRESSLY DISCLAIMS ANY LIABILITY FOR CANCELLED OR OTHERWISE UNFULFILLED ORDERS OR ANY INJURY OR DEATH RESULTING THEREFROM.

WHEN YOU RECEIVE YOUR PRESCRIPTION, IT IS SOLELY YOUR RESPONSIBILITY TO ENSURE IT WAS PROPERLY FULFILLED AND THAT YOU CONSUME THE PROPER DOSAGE. ADDITIONALLY, IT IS YOUR SOLE RESPONSIBILITY TO STORE ALL PRESCRIPTIONS PROPERLY AND IN ACCORDANCE WITH THE GUIDELINES PROVIDED BY THE PRESCRIPTION MANUFACTURER. IF YOU HAVE ANY QUESTIONS REGARDING YOUR PRESCRIPTION, PLEASE CONSULT YOUR PHYSICIAN.


Limitation of Liability

NEITHER Pandia Health NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Pandia Health HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IN NO EVENT WILL CLIENT’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO Pandia Health FOR USE OF THE SERVICES OR CONTENT OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO Pandia Health, AS APPLICABLE.

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN Pandia Health AND YOU.


General Terms

Governing Law

These Terms will be governed by and construed in accordance with the laws of the State of California, without regard to or application of conflicts of law rules or principles. By using our Services you consent to personal jurisdiction and venue in the state and federal courts for San Francisco County, California for any lawsuit filed there against you by us arising from or relating to these Terms or our Services. You agree that San Francisco County, California is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.


Arbitration

READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM PANDIA HEALTH.

For any dispute with us, you agree to first contact us at support@pandiahealth.com and attempt to resolve the dispute with us informally. In the unlikely event that we have not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in San Francisco County, California, unless you and Pandia Health agree otherwise. If you are using the Services for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using the Services for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing us from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights.


Class Action/Jury Trial Waiver

WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND PANDIA HEALTH ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.


Entire Agreement/Severability

These Terms constitute the entire and exclusive understanding and agreement between Pandia Health and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Pandia Health and you regarding the Services and Content. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.


Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without Pandia Health’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Pandia Health may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.


Notifications

Any notices or other communications provided by Pandia Health under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.


No Waiver

Pandia Health’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Pandia Health. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.


Contact Information

If you have any questions about these Terms or the Services, please contact Pandia Health at support@pandiahealth.com.