Date of Last Revision: 1/11/2022
Among other activities, BespokeRx's services enable coordination and communication with a health care provider. It does not replace your relationship with any physician. These services might not be appropriate for all medical conditions or concerns. If you have a medical emergency, immediately call your doctor or dial 911. Please read these terms and conditions carefully. By accessing or using the Sites or Services, you acknowledge that you have read, understood, and agreed to be legally bound by and comply with these Terms of Use. If you do not agree, you may not use the Sites or Services. The Terms of Use are subject to change.
Introduction. BESPOKE RX LLC and their respective affiliates ("BespokeRx", "we", "us", or "our") own and operate the websites located at https://bespokerx.co/ (the "Websites," and collectively with any affiliated mobile application ("App"), the "Sites"). The Sites facilitate the provision of Services to registered users. The "Services" may include (i) providing individuals with information on health care and wellness ("Content"); (ii) pharmacy services; (iii) technology-oriented tools for smoking cessation; (iv) development and gathering of health care records and information for use in provider appointments, communications, and pharmacy services; (v) administrative support for scheduling and payment for health care provider and pharmacy services; and (vi) telecommunications support for direct access to health care providers provided by Wasef Health, PC and similar affiliated professional entities. These Terms of Use describe your rights and responsibilities. Your access is subject to these Terms, our Privacy Policy, and applicable laws. BespokeRx reserves the right to review or remove any part of these Terms at any time without prior notice. Use of these terms is accepting use of Bask Health Inc's platform and its applicable privacy policy located at bask.health, bask.bio.
Availability. Certain Services are only available to individuals located in certain states.
Eligibility. To qualify: you are age 18 or over; you are located in a State Where We Operate (depending on type of Services); you agree to be legally bound by these Terms. Satisfying these requirements does not guarantee you will receive Services.
Requirements for Use. You must have compatible computing and/or mobile devices, Internet access, and necessary software. Fees may apply.
Special Consent to Telehealth Services. Telemedicine involves delivery of health care services using electronic communications between a provider and patient not in the same physical location. It may be used for diagnosis, treatment, follow-up and/or related patient education, including: electronic transmission of medical records, photo images, personal health information, or other data; interactions via audio, video, and/or data communications; and use of output data from medical devices, sound, and video files. Electronic systems will incorporate network and software security protocols to protect privacy and security and safeguard data integrity.
Privacy Policy. See our Privacy Policy for how we collect and use your personal information, and the BespokeRx Professionals Notice of Privacy Practices applicable to Wasef Health, PC and similar affiliated professional entities.
Your Relationship with BespokeRx. BespokeRx does not provide medical services. It provides a technology platform to access a health care provider employed or contracted with Wasef Health, PC or similar affiliated professional entities. By coordinating or consulting with a Wasef Health, PC or affiliate provider through the Services, you are not entering into a provider-patient relationship with BespokeRx. By accepting these Terms, you consent to BespokeRx, its affiliates, or providers sending you disclosures, notices, messages, reports, and other communications.
Communications by Text Message and Email. By opting-in to receive SMS messages or by sending an initial text ("SMS Enrollment"), you consent to receiving texts regarding your account and use of the Services. These may include order confirmations, shipping notifications, messages from your provider, transactional messages, and promotional notifications (if opted-in). Opt-out anytime by texting "STOP". Texts and emails are not encrypted and may be intercepted; sending sensitive information by these means is at your own risk. For issues, contact support@bespokerx.co.
Consultative Service. A Wasef Health, PC or affiliated provider may use the Services to provide advice or treatment. The provider may not have information that would be obtained by examining you in person. You acknowledge and agree to assume the risk of these limitations.
Site Content. Except for specific communications from Wasef Health, PC or affiliate providers, no Content received through the Sites should be considered medical advice.
Registration and User Accounts. Some parts of the Sites are accessible by anyone; you must register to access the Services. Secure Users must provide accurate, complete, and correct information, keep username and password confidential, and exit at the end of each session. You are responsible for all activities under your account.
"Jailbreaking" the Mobile Operating System. The App is intended for use only on a mobile phone with an unmodified manufacturer-approved operating system. Use on a modified OS is a material breach.
Access Rights and Prohibited Use. Subject to your compliance, we grant a personal, limited, revocable, non-exclusive, nontransferable right to view, download, access, and use the Sites in the United States and the Services for personal, non-commercial use. You will not: impersonate any person or entity; use the Sites to violate any law; reverse engineer or decompile components; transmit viruses or harmful code; infringe any intellectual property right; commercially exploit the Sites; create competing products; harm or overburden the Sites; gain unauthorized access; circumvent security measures; remove proprietary notices; use automated devices to monitor or copy content; or encourage others to do the foregoing.
Ownership of Information Submitted via the Sites. Except for personal data maintained per our Privacy Policy (which may be governed by HIPAA or state privacy laws), any information you provide will be treated as non-confidential and non-proprietary and will become the property of BespokeRx and/or affiliated entities or providers.
Ownership of Site Content. BespokeRx is the sole owner of all right, title, and interest in the Sites and their content, features, functionality, and intellectual property. You may not reproduce, publish, distribute, modify, create derivative works of, publicly display or perform, republish, download, store, transmit, sell, or exploit any material on the Sites except as ordinarily permitted.
Trademarks. Names, logos, and materials may constitute trademarks, trade names, service marks, or logos ("Marks") of BespokeRx or its affiliates. You may not use Marks without express written permission.
Links to Third-Party Hyperlinks and Websites. The Sites may contain hyperlinks to other sites ("Linked Sites") operated by third parties. We are not responsible for their information, products, services, or content. Use is at your own risk.
Termination. These Terms remain in effect as long as you access or use the Sites or Services. BespokeRx may terminate or suspend rights and access with or without notice, for any reason, at any time.
Disclaimer of Warranties. Use of the Sites is at your sole risk. The Sites and Services are provided "as is" and "as available." BespokeRx and its affiliates make no representations or warranties and disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, noninfringement, title, availability, security, or accuracy of data.
Limitation of Liability. To the extent permitted by law, BespokeRx, its related persons or licensors will not be liable to you or any party for any claims, liabilities, losses, costs, or damages under any legal or equitable theory, including indirect, incidental, special, consequential, punitive, or exemplary damages.
Indemnification. You agree to indemnify, defend, and hold harmless BespokeRx, its affiliates, subsidiaries, and their directors, officers, employees, contractors, licensors, suppliers, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys from third-party suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses arising from unauthorized use of the Sites, fraud, violation of law, willful misconduct, or breach of these Terms.
Modifications to the Sites. BespokeRx may modify or discontinue the Sites or Services at any time, with or without notice.
Pharmacy Services. If you receive a prescription, you may select BESPOKE RX LLC or a partner pharmacy ("BespokeRx Pharmacy Network") to ship it. You consent to disclosure to the Network of all information, health care records, and personal information needed for pharmacy services.
Packaging and Fulfillment Restrictions. If you use the BespokeRx Pharmacy Network, your medication will not be shipped in child-resistant packaging; keep it out of reach of children.
Payment. You agree to pay all fees due. By submitting payment information, you authorize us, our affiliates, or third-party processors to charge the amount due. You are responsible for all fees for health care and pharmacy services.
Special Notice to Medicare and Medicaid Beneficiaries. Federal and state programs do not pay for all health care costs and currently do not pay for any medical services or products through the Services. By using the Services, you acknowledge: (1) you will pay directly for all medical services and products provided; and (2) neither BespokeRx nor any affiliated entity or provider will bill any federal or state program.
Testosterone Health Program Terms and Conditions. This section describes additional terms for the Testosterone Health Program (the "Program") offered through BespokeRx and affiliated professional entities. The Program provides access to routine and necessary services for management of low testosterone in biological males caused by secondary hypogonadism. It is a membership-based service through which eligible Members obtain limited medical care, including at-home phlebotomy, medication at provider discretion, and pharmacy services for a recurring monthly payment. The Program is not health insurance or a substitute for health insurance.
Eligibility Limitations. Except in New York, Florida, and Illinois, you must have a commercial health insurance plan that may be billed for laboratory services. Affiliated entities, professionals, and Network pharmacies will not bill your insurance for health care or pharmacy services through the Program.
Onboarding and Diagnosis. You must be evaluated by a doctor or nurse practitioner on the BespokeRx platform and meet clinical criteria. You must complete an initial onboarding telehealth assessment ("Diagnosis Online Visit") and obtain laboratory blood testing. Even if you do not meet criteria, you are responsible for the cost of the Diagnosis Online Visit and any laboratory testing ordered.
Membership and Additional Services. The Program includes: 12 months of Membership; up to eight (8) discrete medical consults per year with your provider; provider services to order and interpret up to eight (8) lab panels per year; up to eight (8) at-home blood draws; secure messaging with your provider between consults; fulfillment of prescription medication for low testosterone with free two-day shipping. Additional Services Fees: $15.00 per additional consult or lab result interpretation; $125.00 per additional at-home blood draw.
At-home Phlebotomy and Laboratory Services. You agree to receive at-home phlebotomy services from our mobile phlebotomy partner. Your blood sample will be processed and tested by Quest Diagnostics. Your Membership Fee does not include Quest's laboratory services, who may bill you directly.
Payment, Cancellation, Delaying, and Pausing. Once you begin, your Membership Fee will be automatically charged on a recurring monthly basis until canceled. Once paid, the Membership Fee is non-refundable. You may cancel, delay, or pause anytime by calling (260) 308-7231, emailing support@bespokerx.co, or logging into your Secure User account.
No Testosterone Replacement Therapy. The Program is not appropriate for patients seeking testosterone replacement therapy ("TRT"), such as patches, gels, injections, or pellets. Providers cannot prescribe TRT by telehealth.
Governing Law; Dispute Resolution; Arbitration; Venue. This section requires you and BespokeRx to resolve all disputes through binding individual arbitration and limits how you can seek relief. These Terms are governed by Delaware law. Disputes will be resolved exclusively by final and binding arbitration in New York, New York under American Arbitration Association rules, except either party may bring a claim related to intellectual property rights, or seek temporary and preliminary specific performance and injunctive relief, in any court of competent jurisdiction.
No Waiver. No waiver of any term shall be deemed a further or continuing waiver or a waiver of any other term.
No Agency Relationship. These Terms and the Services do not create any partnership, joint venture, employment, or other agency relationship.
Remedies. Any violation or threatened violation constitutes an unlawful and unfair business practice causing irreparable and unquantifiable harm.
Assignment. You may not assign any rights under these Terms; any attempt is null and void.
Digital Millennium Copyright Act. BespokeRx complies with the DMCA (17 U.S.C. § 512, as amended). Submit notifications of claimed infringement to our Designated Agent at: 230 Sunrise Ave Ste B # 145, Palm Beach, FL, 33480; support@bespokerx.co.
Asynchronous Telemedicine Informed Consent. Thank you for choosing Wasef Health, PC ("Wasef Health"). You are viewing this form because you have elected to engage in asynchronous telemedicine visits with a Wasef Health practitioner. Your practitioner is a board-certified physician licensed in your state.
What is Telemedicine? Telemedicine is the delivery of healthcare services, including examination, consultation, diagnosis, and treatment, through electronic communication when patient and practitioner are in different locations.
What is Asynchronous Telemedicine? Asynchronous telemedicine is "store-and-forward" communication, where participants submit and collect data at different times. Wasef Health's platform allows text-based interactions through SMS/MMS and secure information collection through asynchronous questionnaires.
Possible Risks: Delays in evaluation due to equipment or Internet failures; potential security protocol failures; reliance on information you provide regarding medical history; asynchronous telemedicine is NOT emergency services and your Personal Data will not be monitored 24/7. If experiencing a medical emergency, call 911 immediately.
Your Rights and Acknowledgements: You have the same privacy rights as during an in-person visit. Asynchronous telemedicine may involve electronic communication of your personal medical information to practitioners located in other areas, including out of state. No results can be guaranteed. All information submitted via text and entered by your practitioner will be part of your medical record. You may withdraw consent and delete your patient profile anytime by emailing contact@wasef-health.com. Your healthcare information may be shared when: a valid court order is issued; reporting suspected abuse, neglect, or domestic violence; preventing or reducing a serious threat to health or safety.
Call/Email/Text Messaging Consent: You expressly consent to Wasef Health or its practitioners calling, emailing, or texting you regarding Personal Data, appointments, or matters related to your telemedicine encounters. Calls or texts may be placed using an auto-dialer or pre-recorded or artificial voice. Revoke consent anytime by emailing contact@wasef-health.com.