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Terms of Service

Celeste Beauty Lab & Aesthetics Terms and Conditions

(DBA: AquaDrip Wellness)

Last updated: April 10th, 2023 (v 1.0)

 

We must clarify that we do not serve as a substitute for emergency medical services. It is imperative that in the event of a medical emergency, you seek immediate in-person medical care or contact 911 or your local emergency number.

 

Acceptance of the Terms and Conditions Herein

By accessing and using our services, you agree to be bound by the terms and conditions set forth in this agreement. If you do not agree to these terms and conditions, you are not allowed to access or use our services. By clicking “I Agree”, checking a related box, or accessing these services, you acknowledge that you have read, understood, accepted, and agreed to be bound by this agreement. If you do not understand these terms and conditions, you are not allowed to use and/or access these services. You also acknowledge and agree that by clicking “I Agree” or otherwise accepting these terms and conditions on behalf of another person or entity, you are granting agency authority to that party.

You also agree that any disputes arising out of or related to these terms and conditions and/or the service will be resolved by binding, individual arbitration, and that you waive your right to a jury trial and/or to participate in a class-action lawsuit or class-wide arbitration.

We reserve the right to change, modify, add, or remove any terms and conditions of this agreement at any time, without notice. You are responsible for regularly reviewing the terms and conditions of this agreement to stay informed of any changes.

The Platform and all its associated products, services, websites, software applications, mobile applications, and content are owned and operated by Celeste Beauty & Lab Aesthetics and/or its subsidiaries (collectively referred to as “Celeste Beauty Lab & Aesthetics” “we,” or “us”). By accessing and/or using the Platform or anything associated with it, you agree to be bound by these Terms and Conditions. The terms "you," "yours," and similar phrases refer to the person or entity using the Service.

 

Consent to Telehealth

Telehealth is a healthcare delivery method that uses electronic communications to remotely connect patients with healthcare providers. While Telehealth may offer potential benefits, it is important to understand that like any medical procedure, it carries potential risks. Telehealth should not be considered as a replacement for all in-person medical care or for all conditions. It is important to note that if you are not willing to accept the risks associated with using Telehealth, you should seek in-person medical care. During the on-boarding process, you will be offered the opportunity to provide your consent to telehealth treatment through a Medical Consent form. By accessing and using the Services, you acknowledge and agree that Celeste Beauty Lab & Aesthetics is a third-party beneficiary of the Medical Consent form and has the right to enforce it against you.

 

Use By Minors

The Service is not intended for use by anyone under the age of eighteen (18) and anyone under the age of eighteen (18) is prohibited from using any part of the Service and/or the Platform, except as to read these Terms and Conditions.

 

Your Relationship with Us

As part of the Service, we offer various products and services that are provided or sold by us, as well as by third-party providers, including medical providers/nurse practitioners, pharmacies, diagnostic laboratories, and other vendors, through our Service. We facilitate prescription fulfillment services through licensed compounding pharmacies, Empower compounding pharmacy and Magnum compounding pharmacy, the "Pharmacies") and laboratory services through Quest Diagnostics (the "Labs"). In addition, we may provide you access to a network of independent third-party providers and/or medical groups (the "Providers"), who offer independent medical and/or nursing services. By accepting these Terms and Conditions, you acknowledge and agree that any products or services received from the aforementioned individuals and/or groups are also subject to this Agreement and that they are third-party beneficiaries of this Agreement.  By accepting this Agreement, you understand and agree that Celeste Beauty Lab & Aesthetics is not acting as a healthcare provider and that you are not entering into a patient-provider relationship with us. By accepting this Agreement, you understand and agree that you may be entering into a patient-provider relationship or other such relationship with any one or more Providers.

 

No Pharmacy-Relationship

 

By accepting this Agreement, you acknowledge and understand that Celeste Beauty Lab & Aesthetics does not act as a pharmacy, and does not have any control or influence over any pharmacy services. You further acknowledge and understand that you may be entering into a relationship with a pharmacy, pharmacist, and/or pharmacy group or other third-party entities. You hereby authorize such third-party entities to access your prescription records through a Controlled Substances Prescription Management Program (CSPMP) or any other such program as may be required by law and/or at the discretion of the pharmacy. You agree that any such third-party entities are not agents, employees, or representatives of Celeste Beauty Lab & Aesthetics shall have no liability for any acts or omissions of such third-party entities.

 

Consent to the Use of Messaging

 

By accepting this Agreement, you understand and agree that Celeste Beauty Lab & Aesthetics and its third-party Providers and Pharmacies may receive and respond to messages related to your treatment via electronic means, including but not limited to email, text messages (SMS/MMS), phone calls, and voicemails (collectively, “Communications”). You acknowledge and accept that Celeste Beauty Lab & Aesthetics and its affiliates are not responsible for the contents or security of any of those means of communications. You understand that these Communications may contain sensitive and important information regarding your health and treatment. You acknowledge that the receipt and reading of any such Communications is solely your responsibility, and you agree to hold harmless Celeste Beauty Lab & Aesthetics Inc., its employees, officers, and affiliated entities (providers, pharmacies, etc.) regarding the receipt and reading of any such Communications. You also accept that some or all of the Communications may be unrelated to your treatment, such as marketing and advertising Communications.

 

Consent to Pay for Services

 

By agreeing to these Terms and Conditions, you acknowledge and understand that Celeste Beauty Lab & Aesthetics and its subsidiaries are not enrolled in any state, local, or federal healthcare or health insurance programs (including but not limited to Medicare and Medicaid). You further acknowledge that any payments made by such programs for services or products provided by Celeste Beauty Lab & Aesthetics or any affiliated entities may be received by you, the Providers, or the Pharmacies.

 

By engaging with Celeste Beauty Lab & Aesthetics and utilizing its services, you expressly agree to obtain such services on a cash-basis only. You assume full responsibility for the costs associated with such services and acknowledge that neither you nor Celeste Beauty Lab & Aesthetics, its Providers, Labs, or Pharmacies will submit any claims for reimbursement to any state, local, or federal healthcare or health insurance program.

 

Please be advised that Celeste Beauty Lab & Aesthetics will not provide any medically coded invoices, including Superbills, for any services rendered. However, regular invoices may be provided upon request. By using our services, you acknowledge and agree to these terms.

 

No refunds are issued for medications that are prescribed and delivered.  You may request a refund/cancel prior to processing which will incur a $100 cancellation fee.

 

Prescription Only Products

 

Certain Products and Services available through the Platform may necessitate a valid prescription. Payment for such Products and Services does not guarantee the issuance or dispensation of any prescription medication. The issuance of a prescription is subject to the completion of a medical intake form, establishment of a patient-provider relationship with a Provider, completion of a medical consultation with the Provider, and confirmation of a medical necessity for the prescription, as determined at the Provider's professional discretion. If you opt to utilize an affiliated Pharmacy to dispense such Products, the costs associated with the Products will be consolidated into the Charges.

Weight-Loss Consumer Bill of Rights.—

(1) The Weight-Loss Consumer Bill of Rights shall consist of the following provisions:

(A) WARNING: RAPID WEIGHT LOSS MAY CAUSE SERIOUS HEALTH PROBLEMS. RAPID WEIGHT LOSS IS WEIGHT LOSS OF MORE THAN 11/2 POUNDS TO 2 POUNDS PER WEEK OR WEIGHT LOSS OF MORE THAN 1 PERCENT OF BODY WEIGHT PER WEEK AFTER THE SECOND WEEK OF PARTICIPATION IN A WEIGHT-LOSS PROGRAM.

(B) CONSULT YOUR PERSONAL PHYSICIAN BEFORE STARTING ANY WEIGHT-LOSS PROGRAM.

(C) ONLY PERMANENT LIFESTYLE CHANGES, SUCH AS MAKING HEALTHFUL FOOD CHOICES AND INCREASING PHYSICAL ACTIVITY, PROMOTE LONG-TERM WEIGHT LOSS.

(D) QUALIFICATIONS OF THIS PROVIDER ARE AVAILABLE UPON REQUEST.

(E) YOU HAVE A RIGHT TO:

1. ASK QUESTIONS ABOUT THE POTENTIAL HEALTH RISKS OF THIS PROGRAM AND ITS NUTRITIONAL CONTENT, PSYCHOLOGICAL SUPPORT, AND EDUCATIONAL COMPONENTS.

2. RECEIVE AN ITEMIZED STATEMENT OF THE ACTUAL OR ESTIMATED PRICE OF THE WEIGHT-LOSS PROGRAM, INCLUDING EXTRA PRODUCTS, SERVICES, SUPPLEMENTS, EXAMINATIONS, AND LABORATORY TESTS.

3. KNOW THE ACTUAL OR ESTIMATED DURATION OF THE PROGRAM.

4. KNOW THE NAME, ADDRESS, AND QUALIFICATIONS OF THE DIETITIAN OR NUTRITIONIST WHO HAS REVIEWED AND APPROVED THE WEIGHT-LOSS PROGRAM ACCORDING TO s. 468.505(1)(j), FLORIDA STATUTES.

(2) The copies of the Weight-Loss Consumer Bill of Rights to be posted according to s. 501.0573(6) shall be printed in at least 24-point boldfaced type on one side of a sign. The palm-sized copies to be distributed according to s. 501.0573(5) shall be in boldfaced type and legible. Each weight-loss provider shall be responsible for producing and printing appropriate copies of the Weight-Loss Consumer Bill of Rights.

Terms of Use

I, the patient, voluntarily grant Aquadripwellness.com and its authorized designees the authorization to provide medical services to me. I agree to provide accurate and up-to-date information about my health on this intake form to the best of my abilities. I understand that submitting incorrect or incomplete information may lead to misdiagnosis and potentially cause harm to me as the patient.

Informed Consent and Authorization to Administer Treatment

I, the patient, hereby authorize AquaDrip Wellness's medical team to review my medical history and administer medical services to me via telemedicine (synchronous or asynchronous). I authorize AquaDrip Wellness to prescribe an alternative medication if my preferred or selected medication is potentially harmful, unsafe, controlled, dangerous, interacts with my existing medication or results in an adverse drug reaction. I have been informed that telemedicine services are reserved for mild to moderate complexity medical needs. I understand that AquaDrip Wellness will cancel and refuse to accept patients with complex or life-threatening conditions. I understand that AquaDrip Wellness will provide online medical services based on the medical history I provide, in the absence of a physical examination. I hereby agree to take full responsibility for damages or harm that may occur from submitting inaccurate, incomplete or misleading information. I understand the risk of misdiagnosis associated with utilizing telemedicine due to the absence of a physical examination or an in-person evaluation. I agree to follow up with a doctor for an in-person evaluation or call 911 if my symptoms worsen or do not improve in a timely manner.

Risks and Disclosures

 

You agree that you have read, understood the information provided about any prescribed medications available from the FDA and your use of any prescription medication, reliance on any provider, or reliance on any information or notification delivered by the Providers via the Platform, is solely and exclusively at your own risk and you assume full responsibility for all risks associated herewith.

 

In the event of a dispute arising from or relating to this agreement or any breach thereof, the parties agree to first attempt to settle the dispute through mediation administered by the American Arbitration Association in accordance with its Healthcare Payor Provider Mediation Procedures. Only if the dispute cannot be settled through mediation, the parties may resort to binding arbitration in accordance with the Healthcare Payor Provider Arbitration Rules of the American Arbitration Association. The arbitrator's decision shall be final and binding, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction.

 

You waive your right to participate in any class action, private attorney general action, or other representative action in court or group-arbitration either as a class representative or class member, and hereby waive the right to join or consolidate claims with the claims of any other person or group, as allowed by law.

 

If any provision of this agreement is deemed illegal, unenforceable, or invalid in any jurisdiction, it shall not affect the enforceability or validity in that jurisdiction of any other provision of this agreement or the enforceability or validity of that or any other provision in other jurisdictions.

 

This agreement is solely between you and Celeste Beauty Lab & Aesthetics. You may not assign any of your rights or obligations under this agreement to anyone else. Celeste Beauty Lab & Aesthetics may, at any time and in its sole discretion, assign, transfer, or otherwise dispose of this entire agreement or any part of it to any third-party of its choice without your additional consent or notice.

 

This agreement shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to its conflict of laws principles. You consent to the jurisdiction and venue of the Florida Court of Common Pleas over any action brought by either party to enforce this agreement.

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