You must also review and consent to Planet’s Medical’s Telehealth Policy.
If the situation is an EMERGENCY, call 911.
Your use of the Planet Medical Services is solely at Planet Medical’s discretion.
The purpose of this consent form is to disclose to you how Planet Medical’s Services are provided and the limitations on those Services. This consent also describes your obligations and responsibilities.
The services are not appropriate for all medical conditions or concerns. This agreement is subject to change.
You are responsible for all activities that occur under your account and for maintaining the confidentiality of your password. You are responsible for changing your password promptly if you think it has been compromised. You may not transfer or share your password with anyone or create more than one account. You may not use anyone else’s account at any time. Planet Medical explicitly disclaims liability for any and all losses and damages arising from your failure to comply with this section.
TERMS OF SALE
Services and products offered for sale by Planet Medical are subject to availability. Planet Medical reserves the right to cancel or reject all or any part of an order without prior notice. In the event that we can later promptly fulfill the order, we reserve the right to so fulfill or revise the order so that we can partially fulfill (which includes a complete charge as earlier anticipated).
Along with the Planet Medical fee, you will also be charged for shipping and handling charges, if any, and this will be shown at the time of purchase. Planet Medical reserves the right to increase, decrease, add, or eliminated shipping and handling charges from time to time but we will provide notice of any increase or addition in advance so that you are able to cancel the order. Risk of loss or damage passes to you upon delivery of the product to our designated carrier. If there is such a loss, then your recourse is against such carrier. Please note that condition of the product on arrival and document any loss or damage.
At all times, Planet Medical will attempt to resolve customer issues and concerns based on the specific facts, documentation, and circumstances of each case.
Planet Medical services are not available in every state. As you enter personal information, including your state of residence, we will inform you as to whether Planet Medical provides services in that state.
DISCLOSURE OF IDENTITY AND AGE
Planet Medical does not ship any products in child-resistant packaging. You must keep the products out of the reach of children.
Planet Medical does not provide medical services or medical advice. Planet Medical will, with your agreement, identify physicians who are licensed in your state. You can interact with these physicians through Planet Medical’s telehealth services under our Telehealth Policy. Planet Medical has financial arrangements and other agreements with these physicians in which these physicians to provide medical care through Planet Medical’s systems and to pass on compensation for their services that you provide through Planet Medical.
Neither Planet Medical nor these physicians will accept Medicare, Medicaid, other federal or state health programs, or private, union or other health insurance. You have sole financial responsibility for use of the Service, the physician interaction, and any products provided to you and must pay the full amount of the costs associated with use of the Service, including any prescription you may receive. By this consent, you agree that you will not attempt to submit a claim to Medicare, any other federal payor, or any state or private insurer.
You may choose to use or not use these physicians. But, as with any physician that you select, your responsibility is to evaluate whether that physician is giving you the quality of care that meets your standards regardless of the licensure. If not, you should identify and use a physician of your own selection. Planet Medical does not evaluate or attest to the quality or standards of care of the physician other than to ascertain that the physician has a valid license to practice in your state and can therefore legally provide evaluate you and write prescriptions, if the physician believes that is appropriate for you. Planet Medical does not control or direct the physician who is solely responsible for his practice of medicine. You are entering into a patient-physician relationship with the physician and not with Planet Medical. The physician will evaluate your responses to the information you provide and may request more information through the Planet Medical system.
Planet Medical has agreements with pharmacies who are licensed to deliver prescriptions to various states, which may include the state of your residence. If so, you would be eligible for Planet Medical services. Under these agreements, if you are eligible and get an online prescription from the physician, Planet Medical will have a pharmacy deliver you the medication as part of Planet Medical’s services. You will pay Planet Medical for the prescription, Planet Medical’s fees and all other associated costs.
The pharmacist associated with the pharmacy may also be permitted to fill prescriptions for persons in the state of which of you are a resident. If so, you would be eligible for Planet Medical services. That pharmacist may interact with you through Planet Medical services or otherwise if the pharmacist has a concern about the prescription. As a professional, as a result of the information you have provided, the physician has provided, or in the use of his or her professional judgement, the pharmacist may decline to fill the prescription.
As with the physician, neither Planet Medical nor these pharmacies will accept Medicare, Medicaid, other federal or state health programs, or private, union or other health insurance. You have sole financial responsibility for use of the Service, any pharmacy interaction, and any products provided to you and must pay the full amount of the costs associated with use of the Service, including any prescription you may receive. By clicking “Agree,” you agree that you will not attempt to submit a claim to Medicare, any other federal payor, or any state or private insurer.
If you have a concern about a physician, you may contact the Medical Board in your state regarding your concerns. For applicable contact information see the list available here.
Certain Planet Medical products require a valid prescription by a licensed healthcare provider. You will not be able to obtain a prescription product unless you have completed a consultation with one of the physicians through our service and the physician has determined the prescription product is appropriate for you and the physician has written a prescription.
If the physician determines a prescription product is appropriate for you and writes a prescription, you may fill it through one of Planet Medical’s licensed pharmacy partners. If you complete a consultation with a physician through Planet Medical and fill a prescription through one of the Planet Medical’s pharmacies, the prescription product will be shipped to you by the applicable pharmacy.
When you access or use the Service or send emails to Planet Medical, the physician or physician groups or the pharmacist or pharmacy, you are communicating electronically. You acknowledge and agree to receive responses or other communications from Planet Medical, the physicians or physician groups and/or the pharmacist and pharmacies electronically. Planet Medical will communicate with you via email, text, or directly through the service when you log on. You acknowledge and agree that all agreements, notices, disclosures and other communications that Planet Medical provides to you electronically satisfy any legal requirement that such communications be in writing. You further acknowledge and agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication.
You are responsible for providing and maintaining the software, apps and other systems provided by Planet Medical that enable you to use our services, including but not limited to, a computer or mobile device with a video camera and Internet access. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing or using Planet Medical services.
You are responsible for paying Planet Medical fees which will include Planet Medical charges as well as those of the physician, medical group, pharmacist, pharmacy, and delivery services or other third party vendors that Planet Medical may use.
You also have a duty to provide truthful, accurate, and complete information in any forms or other communications you submit to or through the service or in your interaction with the physician or pharmacy. Any failure of yours to provide truthful, accurate, and complete information may result in harm to you. You must keep this information current and update the information if there are any changes promptly.
You must respond to any questions or requests for further information from the physician or pharmacist.
You grant Planet Medical the right to use any of the information that you provide in order to provide the services that you have requested.
You are prohibited from violating, or trying to violate, Planet Medical’s security systems. Planet Medical may investigate you if Planet Medical believes you are involved in a criminal act or other violation of law. Planet Medical may cooperate with law enforcement in such an investigation.
You must also review and consent to the use of telehealth services so that you fully appreciate the risks and benefit of medical care through telehealth.
By clicking “Agree” below, you acknowledge and understand your responsibilities.
You are prohibited from violating, or trying to violate, Planet Medical’s security systems by any act including such limited acts as probing, scanning, or testing the vulnerability of any Planet Medical systems.
You are prohibited from any use or attempted use of Planet Medical services (i) for any unlawful, unauthorized, fraudulent or malicious purpose, (ii) to interfere with any other person’s use and enjoyment of the services, including 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, to access systems, data, or information not intended by Planet Medical to be made accessible to you, to obtain any materials, or information which is not made available by Planet Medical through any means, (iii) to reverse engineer, disassemble or decompile any section or technology, or (iv) for any use other than the personal use for which it was intended.
You are may not: (a) upload or transmit any message, information, data, text, software or images, or other content that could be considered by Planet Medical to be unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or inappropriate; (b) demean or otherwise impugn any race, gender, sexuality, ethnicity, or other intrinsic characteristic, or that may invade another’s right of privacy or publicity; (c) create a false identity or duplicative accounts or falsely state or otherwise misrepresent your affiliation with a person who lawfully holds an account with Planet Medical; (d) upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or agreement; (e) 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; (f) delete any legal notices or proprietary designations or labels; (g) use the communication features in a manner that adversely affects the availability of its resources to other users; (h) 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; or (i) assist or permit any person in engaging in any of these activities.
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.
If you are not experiencing an emergency or do not require immediate or urgent care, but want to follow-up with Planet Medical, the physician or pharmacist, you can communicate with Providers through the secure message service on the website. If you have difficulty accessing that messaging service, you can call the following number to arrange a follow-up or get help with accessing the message service on the website:
THIRD PARTY BENEFICIARIES AND VENDORS
PAYMENT AND TERMS OF SALE
As noted earlier, neither Planet Medical, the physician nor the pharmacy can accept health insurance of any kind – whether Medicare, Medicaid, any other federal payor, any state or private insurer nor any FLEX or other plan that withholds and permits pre-tax payment of health care services.
By clicking “Agree,” you acknowledge, understand and agree that you will not attempt to submit a claim to Medicare, Medicaid, any other federal payor, or any state or private insurer. You will not use a FLEX card or any other credit or debit card that deducts or makes payments from pre-tax deductions or any health care insurance plan.
Planet Medical will not provide you with a receipt other than proof of payment. The receipt will not identify the services as medical or pharmaceutical services. You understand that the receipt will limit the identification of the charges to a general description such as goods or services.
The credit card statement will be in the following name:
YOU AGREE THAT DISPUTES BETWEEN YOU AND PLANET MEDICAL OR YOU AND THE PHYSICIAN OR MEDICAL GROUPS OR YOU AND THE PHARMACY ARISING OUT OF OR RELATED TO THESE SERVICES. COLLECTIVELY OR INDIVIDUALLY, OR THESE TERMS AND CONDITIONS WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHTS TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, AS FURTHER SET FORTH BELOW.
USE OF PLANET MEDICAL
Your access to and use of the Planet Medical Services is subject to this Agreement, as well as all applicable laws and regulations. If you do not accept and agree to be bound by this Agreement in its entirety, you are strictly prohibited from visiting, accessing, registering with and/or using the Service or any information or Content provided through the Service, except as necessary to review this Agreement. The Service is continually under development, and we reserve the right to revise or remove any part of this Agreement or the Service in our sole discretion at any time and without prior notice to you. Any changes to this Agreement are effective upon posting to the Platform. Unless otherwise indicated, any new Content added to the Service is also subject to this Agreement upon posting to the Platform. If you disagree with this Agreement or any terms or conditions herein, your sole remedy is to discontinue your use of the Service. Your continued use after a change to this Agreement has been posted constitutes your acceptance of this Agreement as modified by such changes.
COPYRIGHT AND TRADEMARK PROTECTION
The services, software, and content of the website are protected in part by copyright laws throughout the world. Planet Medical’s name and other related graphics, logos, service marks and trade names used on or in connection with the services are the trademarks of Planet Medical Ltd. Neither the copyrighted nor trademarked materials may be used without express written permission.
Planet Medical and Planet Medical Ltd grants you a limited, non-transferable, revocable license to access and use the Planet Medical services for your personal use and in accordance with the purpose of the services. You may not alter, remove, or change any copyrighted material, trademark, service mark or other proprietary rights of Planet Medical or Planet Medical Ltd.
COMPLIANCE WITH LAWS AND PLANET MEDICAL POLICIES
Your use of the services is subject to all applicable laws and regulations and Planet Medical’s policies and procedures. Planet Medical reserves the right to monitor the use of the service and, at any time as it deems appropriate in its sole discretion, to remove any materials that may be illegal, may subject Planet Medical to liability, may violate this Agreement, or are, again, in the sole discretion of Planet Medical, inconsistent with, or adverse to, Planet Medical’s policies or procedures.
Planet Medical has the right to suspend or terminate your account. Planet Medical is not obligated to provide you with a reason for suspending or terminating your account.
THIRD PARTY LINKS
Planet Medical’s website may contain links to third party websites. If not a Planet Medical website, Planet Medical does not have control of those websites and thus is not responsible for information, content, services, products, or security on those websites nor does Planet Medical endorse any such information, content, services, or products. Your use of those websites is at your risk. Planet Medical is not liable to you in any way, either directly or indirectly, for any content, errors, damage or loss caused by or in connection with use of or reliance on information contained in or provided to on such sites.
THE SERVICE IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS. ANY ACCESS TO OR USE OF THE SERVICE IS VOLUNTARY AND AT THE SOLE RISK OF THE USER. PLANET MEDICAL AND EACH THIRD-PARTY OFFERING PRODUCTS OR SERVICES THROUGH THE SERVICE, INCLUDING THE PHYSICIANS, MEDICAL GROUPS, PHARMACIST, AND THE PHARMACIES, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, SATISFACTORY QUALITY AND FITNESS FOR PARTICULAR PURPOSE WITH REGARD TO THE SERVICE, AND WITH RESPECT TO ANY INFORMATION, CONTENT, PRODUCT, SERVICE, MERCHANDISE OR OTHER MATERIAL PROVIDED ON OR THROUGH THE SERVICE. PLANET MEDICAL DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS OR USEFULNESS OF THE SERVICE. PLANET MEDICAL DOES NOT WARRANT THAT THE SERVICE WILL FUNCTION WITHOUT DELAYS, DISRUPTIONS, INTERFERENCES, IMPERFECTIONS, CORRUPTION, CYBER ATTACK, VIRUSES, MALWARE, OR ANY ADVERSE INCIDENT.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PLANET MEDICAL OR ANY THIRD-PARTY OFFERING PRODUCTS OR SERVICES THROUGH THE SERVICE, INCLUDING THE PHYSICIANS, MEDICAL GROUPS, PHARMACISTS AND THE PHARMACIES, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY AND CONSEQUENTIAL DAMAGES, PERSONAL OR BODILY INJURY, EMOTIONAL DISTRESS, OR WRONGFUL DEATH, LOSS OF DATA, LOST PROFITS, OR DAMAGES RESULTING FROM THE USE OF OR INABILITY TO USE THE SERVICE, INCLUDING ANY INFORMATION AND CONTENT MADE AVAILABLE THROUGH THE SERVICE OR ANY SERVICES PERFORMED BY THE PROVIDER(S), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PLANET MEDICAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PLANET MEDICAL PARTIES SHALL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $1,000.
ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE SERVICE OR CONTENT MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE OR CONTENT IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE PLATFORM, SERVICE OR CONTENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. TO THE EXTENT THAT WE MAY NOT DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER APPLICABLE LAW.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
You agree to indemnify, defend, and hold harmless Planet Medical, its affiliates (including without limitation all affiliated professional entities), subsidiaries, and their directors, officers, employees, contractors, licensors, suppliers, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys harmless from and against any and all third-party suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, reasonable attorneys’ fees, litigation expenses, and accounting fees), relating to or arising from, or alleged to arise from, your use of materials or features available on the websites in an unauthorized manner, fraud, violation of law, or willful misconduct, or any breach by you of these terms.
Any dispute arising under this agreement or as a result of Planet Medical services shall be governed by the laws of the State of Delaware.
Last updated: September 7, 2020