Terms and Conditions
Effective Date: November 26th, 2024
These Terms and Conditions (“Terms of Use”) are a binding agreement
between you (“User” or “you”) and Olenis LLC (“OlenisRX,” “we,”
“us,” or “our”) governing your access to and use of the OlenisRX
platform, which includes but is not limited to our website (www.olenisrx.com), mobile applications, and any associated products and services
offered through these platforms (collectively, the “Platform”). Your
use of the Platform is conditioned upon your acceptance of and
compliance with these Terms of Use and our Privacy Policy, which is
incorporated by reference. By clicking “Accept” or by accessing or
using the Platform, you acknowledge that you have read, understood,
and agree to be bound by these Terms of Use. If you do not agree to
these Terms, you must promptly discontinue your use of the Platform
and Services.
IMPORTANT NOTICE – NOT FOR EMERGENCIES
The OlenisRX Platform is not designed for or suitable for use in
medical emergencies, urgent care situations, or crisis scenarios. If
you believe you are experiencing a medical emergency or require urgent
medical attention, you must immediately call 9-1-1 or seek assistance
at the nearest emergency medical facility. Under no circumstances
should you delay seeking medical care based on information provided
through the Platform or Services. OlenisRX does not provide or
facilitate emergency medical care, and our Services are not a
replacement for immediate attention provided by local emergency
services.
1. SERVICES PROVIDED – NO MEDICAL CARE OR ADVICE
OlenisRX is a service provider that facilitates access to licensed
healthcare providers for non-urgent, weight-loss-related telehealth
consultations. Through the Platform, Users may request telehealth
consultations to determine eligibility for prescription medications,
specifically GLP-1 medications. OlenisRX also facilitates the
fulfillment and delivery of prescriptions through independent
third-party pharmacies, as well as the provision of meal planning and
weight-loss tools designed to support health outcomes.
OlenisRX itself is not a medical practice, does not employ healthcare
providers, and does not practice medicine. All telehealth
consultations, medical advice, and prescription decisions are
performed solely by independent, licensed healthcare providers
contracted through third-party medical groups. These medical groups
retain full responsibility for the healthcare services provided to
Users, including compliance with applicable laws and standards of
care. OlenisRX does not influence or interfere with the professional
judgment of these providers and is not liable for the outcomes of any
healthcare services obtained through the Platform.
You acknowledge and agree that OlenisRX is not a substitute for
comprehensive medical care provided by a primary care provider or
specialist. Our Platform and Services are intended solely for specific
weight-loss purposes and may not address other medical conditions or
health concerns you may have. Users are encouraged to maintain ongoing
relationships with local healthcare providers to address any general,
chronic, or acute health needs.
2. NOT FOR EMERGENCIES
OlenisRX is not equipped to handle medical emergencies, urgent care
situations, or life-threatening conditions. Users of the Platform
acknowledge and agree that OlenisRX’s services are not intended for
use in situations where immediate medical intervention is required. If
you believe you are experiencing an emergency, you must call 9-1-1 or
seek care at the nearest emergency medical facility without delay.
OlenisRX disclaims all liability for any adverse outcomes resulting
from the use of the Platform or Services in emergency or urgent care
scenarios.
3. RISK OF TELEHEALTH SERVICES
By using telehealth services offered through the OlenisRX Platform,
you acknowledge and accept the potential risks inherent to remote
medical consultations. Telehealth services involve the electronic
transmission of personal and medical information, which may not always
be sufficient for healthcare providers to make comprehensive or
definitive medical decisions. For example, poor image resolution,
missing medical history, or technological failures may impact the
accuracy or efficacy of telehealth consultations.
You further acknowledge that telehealth consultations do not include
physical examinations, diagnostic tests, or laboratory evaluations
that may be necessary to detect or treat certain conditions. The
absence of such examinations and tests may increase the likelihood of
misdiagnoses or incomplete care. While OlenisRX and its third-party
providers implement strict security protocols to protect your health
information, no system is entirely secure, and there remains a risk of
data breaches, unauthorized access, or other privacy violations.
By using our telehealth services, you expressly assume these risks and
agree to release OlenisRX from any liability arising from the
limitations or risks associated with telehealth consultations.
4. TERMS OF SALE
All purchases made through the OlenisRX Platform, including telehealth
consultations, prescription services, and meal planning tools, are
subject to these Terms of Use. OlenisRX operates on a
subscription-based model, and Users will be charged recurring fees
unless and until the subscription is canceled. Subscription fees are
charged monthly and will automatically renew unless terminated by the
User in accordance with these Terms.
Users are responsible for ensuring that payment information on file is
accurate and up-to-date. OlenisRX reserves the right to suspend or
terminate access to the Platform if payment cannot be processed.
Refund Policy:
OlenisRX does not provide refunds for subscription fees or
consultation charges once a telehealth consultation has been
completed or a prescription has been issued and shipped. Refunds may
be granted at OlenisRX’s sole discretion for exceptional
circumstances, such as technical errors or duplicate charges.
Shipping and Handling:
Prescriptions facilitated through the Platform are fulfilled by
independent third-party pharmacies. OlenisRX is not responsible for
delays, damages, or errors in the delivery of medications. Users are
advised to contact the pharmacy directly for issues related to
shipment or product quality.
5. ADDITIONAL TERMS
Some services or features provided through the Platform may be
governed by additional terms and conditions (“Additional Terms”).
These Additional Terms are incorporated into these Terms of Use by
reference. In the event of a conflict between these Terms of Use and
any applicable Additional Terms, the Additional Terms shall govern.
6. PRIVACY PRACTICES
Your use of the OlenisRX Platform is subject to our Privacy Policy, which governs the collection, use, and disclosure of your
personal information. By using the Platform, you consent to the
practices described in the Privacy Policy, including the sharing of
de-identified data for analytical or research purposes. OlenisRX
complies with applicable laws, including the Health Insurance
Portability and Accountability Act of 1996 (HIPAA), to protect the
confidentiality of your health information.
7. PRESCRIPTION PRACTICES
OlenisRX facilitates access to prescription medications through
licensed healthcare providers and third-party pharmacies. All
prescriptions are issued at the sole discretion of the provider, based
on medical necessity and professional judgment. Users must complete a
telehealth consultation to determine eligibility and understand that
prescriptions are not guaranteed.
Prescriptions facilitated through OlenisRX are intended solely for
personal use by the User. Users are prohibited from sharing,
reselling, or misusing medications obtained through the Platform.
Misuse or failure to follow prescription instructions may result in
adverse effects for which OlenisRX disclaims all liability.
8. NOT AN INSURANCE PRODUCT
OlenisRX is not an insurer and does not offer or provide insurance
products or coverage of any kind. All payments made for services or
products accessed through the Platform, including telehealth
consultations and prescription medications, are out-of-pocket
expenses. OlenisRX is not responsible for, nor does it participate in,
reimbursement claims submitted to insurance providers, including but
not limited to Medicare, Medicaid, or private insurers.
By using OlenisRX, you acknowledge and agree that you will not seek
reimbursement from any insurance provider for any services or products
obtained through the Platform. Users enrolled in government-sponsored
insurance programs, such as Medicare or Tricare, understand that by
utilizing OlenisRX, they are opting out of using these benefits for
any care rendered by providers through the Platform.
9. OWNERSHIP OF THE PLATFORM
The OlenisRX Platform, including but not limited to its content,
design, functionality, trademarks, logos, text, software, and other
intellectual property, is the exclusive property of OlenisRX or its
licensors and is protected under applicable intellectual property
laws. Users are granted a limited, non-transferable, and revocable
license to access and use the Platform solely for personal,
non-commercial purposes in accordance with these Terms of Use.
You agree not to copy, modify, create derivative works from,
distribute, or publicly display any part of the Platform without prior
written consent from OlenisRX. Any unauthorized use of the Platform
may result in immediate termination of your access and may constitute
a violation of applicable laws.
10. AVAILABILITY OF SERVICES
OlenisRX operates subject to federal and state regulations and may not
be available in all jurisdictions. By using the Platform, you
represent and warrant that you are located in a jurisdiction where
OlenisRX is legally permitted to operate. OlenisRX does not guarantee
the availability of its Services in your location and reserves the
right to modify, restrict, or discontinue access to the Platform or
Services without prior notice.
Access to the Platform may also be subject to internet connectivity,
third-party service providers, and other technical limitations.
OlenisRX disclaims any liability for interruptions or delays in
service caused by factors outside its control.
11. NO USERS UNDER 18 YEARS OLD WITHOUT PARENTAL CONSENT
The OlenisRX Platform is intended for use by individuals who are at
least 18 years old. If you are under the age of 18, your parent or
legal guardian must create an account, provide consent, and agree to
these Terms of Use on your behalf. OlenisRX does not knowingly collect
or process personal information from individuals under the age of 18
without verified parental consent.
If OlenisRX becomes aware that it has collected personal information
from a minor without proper consent, it will take immediate steps to
delete that information. Parents or guardians who believe that their
child may have provided personal information without consent should
contact OlenisRX at [Insert Contact Email].
12. YOUR ACCOUNT
To use certain features of the Platform, you are required to create an
account by providing accurate, current, and complete information
during the registration process. You are solely responsible for
maintaining the confidentiality of your account credentials and for
all activities that occur under your account.
You agree to notify OlenisRX immediately of any unauthorized use of
your account or breach of security. OlenisRX is not liable for any
losses or damages resulting from unauthorized access to your account
caused by your failure to safeguard your credentials. OlenisRX
reserves the right to suspend or terminate your account if it suspects
misuse or fraudulent activity.
13. ACCURACY AND INTEGRITY OF INFORMATION
OlenisRX strives to provide accurate and up-to-date information on its
Platform. However, OlenisRX does not guarantee the completeness,
accuracy, or reliability of any information provided. The content
available on the Platform is for informational purposes only and
should not be relied upon as a substitute for professional medical
advice, diagnosis, or treatment.
OlenisRX reserves the right to correct any errors, omissions, or
inaccuracies on the Platform without prior notice. You acknowledge and
agree that reliance on any information provided through the Platform
is at your own risk.
14. ONLINE PAYMENTS
By making a payment through the OlenisRX Platform, you represent and
warrant that the payment information you provide is accurate,
complete, and authorized. OlenisRX utilizes third-party payment
processors to facilitate transactions, and all payments are subject to
the terms and conditions of these processors.
OlenisRX is not responsible for payment processing errors,
unauthorized transactions, or delays caused by third-party providers.
If a payment dispute arises, you must notify OlenisRX within thirty
(30) days of the transaction to request a review. Failure to do so
waives your right to dispute the charge.
15. ORDER ACCEPTANCE; TYPOGRAPHICAL ERRORS AND INCORRECT PRICING
All orders for services or products made through the Platform,
including telehealth consultations, prescription medications, and
other offerings, are subject to acceptance by OlenisRX. OlenisRX
reserves the right to refuse or cancel any order for any reason,
including but not limited to inaccuracies in pricing, descriptions, or
availability, or if fraud or unauthorized activity is suspected.
Pricing errors may occur on the Platform from time to time. In the
event that a product or service is listed at an incorrect price,
OlenisRX reserves the right to cancel any order placed at the
incorrect price, even if the order has been confirmed and your payment
method has been charged. If your order is canceled after your payment
has been processed, OlenisRX will issue a full refund.
OlenisRX strives to provide accurate information regarding the
products and services offered through the Platform. However, we do not
guarantee that descriptions, photographs, or other content on the
Platform are error-free, complete, or current. We reserve the right to
update or correct such information without prior notice.
16. LINKS TO OTHER WEBSITES
The OlenisRX Platform may include links to third-party websites,
services, or resources that are not owned or controlled by OlenisRX.
These links are provided for your convenience and do not imply
endorsement or approval of the third-party content, products, or
services.
OlenisRX is not responsible for the availability, accuracy, or
reliability of third-party websites, nor do we warrant or guarantee
their content. Accessing third-party websites linked through the
Platform is done at your own risk. You agree that OlenisRX shall not
be liable for any loss or damage arising from your use of or reliance
on any content, goods, or services available through such third-party
websites.
17. CONSENT TO RECEIVE CALLS, TEXT MESSAGES, AND AUDIO AND/OR VIDEO
RECORDINGS
By using the Platform, you consent to receive communications from
OlenisRX, including calls, text messages, emails, and push
notifications. These communications may include, but are not limited
to, operational updates, appointment reminders, billing notifications,
and promotional offers. OlenisRX may use automated dialing systems,
prerecorded messages, and other technology to facilitate these
communications.
You acknowledge and agree that standard messaging and data rates may
apply for text messages and other communications sent to your mobile
device. You may opt out of receiving promotional communications at any
time by following the opt-out instructions provided in such
communications. However, OlenisRX may still send you non-promotional
messages necessary for the operation of the Platform or your account.
You further consent to the recording of audio and/or video
communications during telehealth consultations, customer support
calls, and other interactions with OlenisRX or its affiliates. These
recordings may be used for quality assurance, training, legal, and
operational purposes.
18. ELECTRONIC COMMUNICATIONS
When you access the OlenisRX Platform or communicate with us
electronically, you consent to receive communications from OlenisRX
electronically, including notices, agreements, disclosures, and other
legal or administrative information. You agree that all electronic
communications satisfy any legal requirements for written
communications.
OlenisRX is not responsible for the security of electronic
communications sent to or from your account. It is your responsibility
to ensure that your email and other electronic communication methods
are secure and accessible only by you.
19. EXTERNAL SERVICES
The OlenisRX Platform may integrate or allow access to third-party
services, such as independent pharmacy networks, telehealth providers,
or external software platforms. These external services are not
operated or controlled by OlenisRX, and we make no representations or
warranties regarding their functionality, accuracy, or reliability.
Your use of external services is governed by the terms and conditions
of those third parties, and OlenisRX disclaims all liability for any
damages or losses arising from your use of or reliance on such
services. OlenisRX reserves the right to modify or discontinue access
to any external services at any time without notice.
OlenisRX currently collaborates with the following
independentpharmacies:
Beaker Pharmacy
7810 Eldorado Pkwy
Suite 200
McKinney, Texas 75070
+1 (972) 972-4700
Monday - Friday: 9 am - 6 pm | Saturday and Sunday: Closed
Foothills Pharmacy
2727 W Baseline Rd
Suite 1
Tempe, AZ 85283
+1 (360) 625-8785
Thursday - Friday: 9 am - 5 pm | Monday, Sunday: Closed | Tuesday,
Wednesday, Saturday: By Appointment
20. NO THIRD-PARTY RIGHTS
These Terms of Use are intended solely for the benefit of OlenisRX and
its Users. Nothing in these Terms shall be construed to create any
rights or remedies for any third parties, including but not limited to
any beneficiaries of Users or external service providers.
No third party shall have the right to enforce any provision of these
Terms, and OlenisRX’s obligations under these Terms are intended
solely for the benefit of its Users.
21. DISPUTE RESOLUTION; ARBITRATION AGREEMENT
By using the OlenisRX Platform, you agree that any disputes, claims,
or controversies arising out of or relating to these Terms of Use, the
Platform, or the Services shall be resolved exclusively through
binding arbitration administered by the American Arbitration
Association (“AAA”) in accordance with its Consumer Arbitration Rules.
The arbitration shall be conducted in the state of Nevada, and each
party shall bear its own legal fees and costs, except as otherwise
required by law.
You expressly waive your right to a jury trial and to participate in a
class action or consolidated proceeding. The arbitrator’s decision
shall be final and binding, and judgment on the arbitration award may
be entered in any court having jurisdiction.
22. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless OlenisRX, its
affiliates, subsidiaries, and their respective officers, directors,
employees, contractors, agents, licensors, and service providers from
and against any and all claims, demands, liabilities, damages, losses,
costs, or expenses, including reasonable attorneys’ fees and court
costs, arising out of or relating to: (i) your use of the Platform;
(ii) your breach of these Terms of Use; (iii) your violation of any
applicable law or regulation; (iv) any content or information you
provide to OlenisRX; or (v) your use or misuse of any product or
service provided through the Platform.
OlenisRX reserves the right, at its own expense, to assume the
exclusive defense and control of any matter otherwise subject to
indemnification by you. In such an event, you agree to cooperate fully
with OlenisRX in asserting any available defenses. This
indemnification provision shall survive the termination of your
account or these Terms of Use.
23. DISCLAIMER OF WARRANTIES
The Platform, including all content, services, and products provided
through it, is offered on an "as is" and "as available" basis, without
warranties of any kind, either express or implied. OlenisRX expressly
disclaims all warranties, including but not limited to implied
warranties of merchantability, fitness for a particular purpose,
title, non-infringement, and any warranties arising from course of
dealing, usage, or trade practice.
OlenisRX makes no representation or warranty that the Platform will
meet your requirements, be uninterrupted, secure, or error-free, or
that any defects will be corrected. OlenisRX does not guarantee the
accuracy, completeness, or reliability of any information or content
provided through the Platform. Any reliance you place on such
information is strictly at your own risk.
You are solely responsible for ensuring that any services or products
obtained through the Platform meet your specific requirements.
OlenisRX does not warrant or guarantee any outcomes or results from
the use of its services, including telehealth consultations,
prescriptions, or weight-loss programs.
24. LIMITATION OF LIABILITY
To the maximum extent permitted by law, OlenisRX, its affiliates,
subsidiaries, licensors, service providers, and their respective
officers, directors, employees, and agents shall not be liable for any
indirect, incidental, consequential, special, exemplary, or punitive
damages arising out of or in connection with your use of, or inability
to use, the Platform. This limitation of liability applies to all
claims, whether based on warranty, contract, tort, or any other legal
theory, and whether OlenisRX has been advised of the possibility of
such damages.
OlenisRX’s total liability to you for any claims arising out of or
relating to your use of the Platform is limited to the total amount
you paid to OlenisRX for services in the twelve (12) months preceding
the claim. This limitation shall apply even if any remedy provided
fails of its essential purpose. Some jurisdictions do not allow the
exclusion or limitation of certain damages, so these limitations may
not apply to you.
25. FORCE MAJEURE
OlenisRX shall not be held liable for any delay or failure in
performance resulting from causes beyond its reasonable control,
including but not limited to acts of God, natural disasters,
pandemics, strikes, labor disputes, war, terrorism, governmental
restrictions, cyberattacks, technical failures, or disruptions in
internet or telecommunications services.
In the event of a force majeure occurrence, OlenisRX will make
reasonable efforts to resume operations as soon as practicable. You
agree that any delays or failures caused by force majeure events do
not constitute a breach of these Terms of Use, and OlenisRX is not
responsible for any resulting damages or losses.
26. COPYRIGHT & TRADEMARK INFORMATION
All content, features, and functionality available on the OlenisRX
Platform, including but not limited to text, graphics, logos, icons,
images, audio clips, video clips, data compilations, software, and
their arrangement, are the exclusive property of OlenisRX or its
licensors and are protected by applicable intellectual property laws.
The trademarks, logos, and service marks displayed on the Platform are
registered and unregistered trademarks of OlenisRX or its affiliates.
You are not permitted to use these trademarks without the prior
written consent of OlenisRX. Unauthorized use of any intellectual
property may result in legal action.
You are granted a limited, non-exclusive, non-transferable, and
revocable license to access and use the Platform for personal,
non-commercial purposes. Any unauthorized copying, modification,
distribution, or other use of the content or features on the Platform
is strictly prohibited and may result in termination of your access
and/or legal action.
27. REVISIONS; GENERAL
OlenisRX reserves the right to modify or update these Terms of Use at
any time, at its sole discretion. Any changes to the Terms will be
effective immediately upon posting on the Platform, unless otherwise
specified. You are responsible for reviewing the Terms regularly to
ensure compliance. Continued use of the Platform following any updates
constitutes your acceptance of the revised Terms.
If any provision of these Terms is found to be invalid, illegal, or
unenforceable under applicable law, the remaining provisions shall
remain in full force and effect. OlenisRX’s failure to enforce any
right or provision of these Terms shall not constitute a waiver of
such right or provision.
These Terms of Use, together with the Privacy Policy and any
Additional Terms incorporated by reference, constitute the entire
agreement between you and OlenisRX regarding your use of the
Platform and supersede all prior agreements, understandings, or
representations, whether written or oral.
28. TELEMEDICINE PROVIDER LICENSE DISCLOSURE
Pursuant to the telehealth laws of certain states, we are obligated to
disclose licensure and identifying information regarding our
telemedicine provider, Jonah Mink, MD, affiliated with Beluga Health.
Dr. Mink holds a National Provider Identifier (NPI) of 1083052351.
This disclosure is made in accordance with the following legal
requirements:
-
California: Cal. Bus. & Prof. Code § 680.5(e),
-
Massachusetts: Mass. Board of Registration in Medicine Policy 15-05
(2015) (p.7),
-
Rhode Island: R.I. Board of Medical Licensure and Discipline
Telemedicine Guidelines, and
-
Vermont: Vt. Board of Medical Practice Policy on Telemedicine.
By utilizing the Services, you expressly acknowledge and agree to
the disclosure of this licensure information in connection with any
telemedicine consultations or related interactions involving Jonah
Mink, MD. Such disclosure is provided solely to ensure compliance
with applicable state regulations governing telemedicine practices.
CONTACT US
If you have any questions, concerns, complaints or suggestions
regarding our Terms of Use or otherwise need to contact us, you may
contact us at the contact information below:
OlenisRx Address:
Olenis LLC
930 S 4th St,
Ste 209 #4958,
Las Vegas, Nevada 89101