Terms of service

OVERVIEW

This website is operated by Delightimize by Delight Medical Center, Inc. Throughout the site, the terms “we”, “us” and “our” refer to Delightimize. Delightimize offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.


By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.


Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.


Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.


Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.


SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.


SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse Service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.


SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.


SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.


SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy: [LINK TO REFUND POLICY]

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.

We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.


SECTION 5.1– CONSENT TO Purchase of Physician Evaluation & Planning Consultations with or without Telemedicine :


I understand that a Physician Evaluation & Planning Consultations are required for any Prescription Medications & or Hormones Prescriptions to be purchased from The Delightimize.com Platform. 


I am physically located in California. 


At the beginning of each Physician Evaluation & Planning Consultations, I will help Delightimize doctor to complete a check-in to assess the suitability of using Physician Evaluation & Planning Consultations or telemedicine services by verifying my full name, my current location, my readiness to proceed, and whether I am in a situation conducive to private, uninterrupted communication. By signing this consent, I understand and agree: 


  1. The Delightimize doctor is located in and licensed by the State of California. The Delightimize doctor will Prescribe to you those medications necessary for your required and specified services seeked from Delightimize. This doctor does not replace your own primary care physician. If I require medical care or medications for any other medical condition, I may contact my own primary doctor. If I require emergency care, I may call 911 or proceed to the nearest hospital emergency room for help. 
  2. I submit to the exclusive jurisdiction of the California state superior courts and agree that any claim, lawsuit, or other legal proceeding arising out of or relating to the telemedicine services provided by my doctor and my doctor’s staff will be brought solely and exclusively in California state superior courts. I also agree that the interpretation of this consent will be exclusively governed by and construed in accordance with the laws of California. 
  1. It is understood that any dispute as to medical malpractice, that is as to whether any medical services rendered under this contract were unnecessary or unauthorized were improperly, negligently, or incompetently rendered, will be determined by submission to arbitration as provided by California Law, and not by a lawsuit or resort to court process except as California law provides for judicial review of arbitration proceedings. Both parties to this contract, by entering into it, are giving up their constitutional rights to have any such dispute decided in a court of law before a jury, and instead are accepting the use of arbitration.
  2. All claims for monetary damages exceeding the jurisdictional limit of the small claims court against the physician, and the physician’s partners, associates, association, corporation or partnership, and the employees, agents and estates of any of them, must be arbitrated including, without limitation, claims for loss of consortium, wrongful death, emotional distress or punitive damages. Filing of any action in any court by the physician to collect any fee from the patient shall not waive the right to compel arbitration of any malpractice claim.


  1. It is understood that the practice of medicine and the rendering of health care service offered by any Doctor carries no guarantees to the results of treatments. It is understood that Online Physician Evaluation and planning consultations and or Telemedicine interactions have limitations as opposed to the traditional patient physician interaction. However, such limitations are accepted by purchasing the Delightimized Physician Evaluation & Planning Consultations. While I may expect anticipated benefits from the use of telemedicine or Delightimize Services, no specific results can be guaranteed or assured.

  1. If Delightimize believes at any time that another form of services (for example, a traditional in person consultation) would be appropriate, they may discontinue their services and schedule an in-person consultation with Delight Medical Center Doctor or my own doctor or refer me to a healthcare provider in my area who can provide such services.

  1. I have the right to withdraw consent to the use of Delightimize services at any time and receive in person healthcare services with Delight Medical Center doctor or my own doctor. 

  1. I am familiar with how the electronic communications technology will be used for the telemedicine services. I am comfortable with using electronic communications technology to communicate with Delightimize staff and doctor and understand there are limitations to the technology which may require an in-person consultation. 

  1. I agree to have the necessary computer, equipment and internet access for my telemedicine communications. I also agree to arrange for a location with sufficient lighting and privacy and is free from distractions and intrusions during my telemedicine communications. 

  1. The laws that protect privacy and the confidentiality of my medical information also apply to Online Physician Consultations and telemedicine. The medical information that is transmitted electronically by Delightimize doctor to me will be encrypted during transmission and will be stored only by Delightimize Staff as service provider. I understand the dissemination of any personally-identifiable images or information from the telemedicine communication to researchers or other healthcare providers will not occur except as required by federal or California state law. 

  1. I understand that it is illegal to falsify any information asked by this medical practice. I further understand that any personal information I provide to Delightimize Platform or Delight Medical Center is protected by HIPAA (Health Insurance Portability and Accountability Act of 1996. Our notice of privacy provides information about how we may use and disclose your health information. You have the right to request that we restrict protected health information about treatment, payment and health care operations. You have the right to revoke this consent in writing, signed by you. However, such a revocation shall not affect any disclosures we have already made in reliance on your prior consent.
  2. I understand that all information including driver’s license numbers, social security, correct address, phone number, email address, and insurance information must be provided to Delight Medical / Delightimize Platform upon registration, and must be informed as to any changes of this information within 15 days of the changed information. If this is not done, I will be responsible for any fees incurred to the provider Delightimize/ Delight Medical which is linked to my lack of communication.  
  3. I authorize Delightimize/ Delight Medical & Wellness Center to release pertinent information to any ancillary service centers such as laboratories, other diagnostic centers, pharmacies, or other ancillary healthcare or alternative care practitioners to facilitate my care. 











  1. I understand my risks of a privacy violation increase substantially when I enter information on a public access computer, use a computer that is on a shared network, allow a computer to “auto remember” usernames and passwords, or use my work computer for personal communications. I also understand it is my responsibility to encrypt medical information I transmit electronically to my doctor and my failure to use technical safeguards, such as encryption, increases my risks of a privacy violation. 

  1. I understand that although not common practice, My Telemedicine interaction may be videotaped and recorded during the telemedicine services. I understand the resulting images and audio will become part of my medical record.

  1. I have the right to access my medical information and obtain copies of my medical records in accordance with California law. 

  1. I understand that Delightimize Services will not be billed to my health insurance  and I am completely financially responsible for these rendered services as advanced purchased items. 
  1. I understand that payments are paid before time of my visit, and I am fully responsible for the payments in full of any services rendered or products received by Delight Medical.

  1. I understand that after payments are received, Delightimize/ Delight Medical will give NO REFUNDS.
    1. There are no exceptions to this rule. Practice Manager, however, can validate credits to other services.
    2. I further understand that once recieved, medication bottles, injectable vials, or any food products are ABSOLUTELY non-returnable.
  2. I understand that physician service charges are based on the physician’s time spent in advising me on any health-related situation.  My compensation to the physician is for his expertise in diagnostic and treatment decision-making abilities, along with guidance towards my health care goals.I understand that phone consultations or Telemedicine visits also have a fee equivalent to an office visit.    
  3. I recognize that the fees for my labs, other diagnostics centers, pharmacies, or other ancillary healthcare or alternative practitioners will be paid by Delight Medical Center’s Discount prices and collected from me on the Delightimize Platform in advance. 

  1. I Understand the following patient care guidelines of Delightimize & Delight Medical Center Doctors:
  1. I understand that My blood will be forwarded to an appropriate laboratory such as Quest or Genova Diagnostics to be appropriately tested for tests that our Doctor has requested. Such Laboratories are not affiliated with Delightimize/ Delight medical.
  2. The rules and guidelines for medication refills are aimed for the safety of the patient. The following are rules for
    1. I do understand that Delightimize Doctors follows the below charted safety and monitoring protocols. I furthermore understand that this is for my safety and am willing to comply with these rules in order to have an uninterrupted medication refills.
    2. If for any reason, I go beyond the required time for any of the below charted testing, I do understand that I will not be able to have further refills on the medication in question until I have completed the required MD visit or testing. 
    3. Most medications need follow-up visits or laboratory tests in order to be purchased.
    4. If you have not had a physician follow up between 6-12 months, you will be blocked from purchasing your medication.

Medication

 

Testosterone Therapy  

Semaglutide

Female Hormone Therapy  (Estrogen, progesterone)

Metformin  Thyroid

 

 

 

 

MD visit Requirement

 

Every 4-12 weeks

Monthly for the first 6 months

Every 3 months

Every 12 months

MD visit Recommended

 

Every 6 Weeks

Every 3 months (after the 1st 6 months) 

Every 3 months

Every 6 months

Lab Required

 

Every 12 weeks

Every 3-6 months

Every 12 months

Every12 months

Lab Recommended

 

Every 3 months

Every 6 months

Every 3 months

EKG Recommended

 

Every 12 months

Every 6-12 months

 

 

EKG Required

 

Every 12 months

 

Every 12 months 

 

I read and understand the information provided in this Consent to Use of Delightimize/Delight Medical Center Physician Evaluation & Planning Consultation with or without Telemedicine. 



SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.


You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.


For more details, please review our Refund Policy: [LINK TO REFUND POLICY]


SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.


SECTION 8 - THIRD-PARTY LINKS

Certain content, products and Services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.


SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.


SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here: [LINK TO PRIVACY POLICY]


SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.


SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.


SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Delightimize, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.


SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Delightimize and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.


SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.


SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).


SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.


SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.


SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.


SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at dr.kerendian@delightmedical.com.

Our contact information is posted below:

[INSERT TRADING NAME]

dr.kerendian@delightmedical.com

[INSERT BUSINESS ADDRESS]

[INSERT BUSINESS PHONE NUMBER]

[INSERT BUSINESS REGISTRATION NUMBER]

[INSERT VAT NUMBER]