TERMS AND CONDITIONS OF USE
1.These Terms and Conditions of use are an agreement between you (“Customer,” or “you” or “your”) and Dr. Amir Hossein Mortazavientesab, MD or authorized staff of Plump Medical Spa Inc. (or “we,“ “us” or “our”). By using any of our products and services, you agree that you are at least 18 years old, legally able to enter into a contract, and have read and consented to this agreement. We plan to update this Agreement from time to time, so please check back regularly. All updates are effective immediately when we post them, and apply to all access to and use of Plump Medical Spa Inc.'s products or services thereafter.
2. DESCRIPTION OF Plump Medical Spa Inc. Plump Medical Spa Inc. is a medical spa & wellness center that offers aesthetic services that include but are not limited to laser, injectables and other cosmetic skin and body treatments in addition to other medical and health services.
3. VALIDITY OF ELECTRONIC SIGNATURES Plump Medical Spa Inc.. uses electronic signatures in the course of doing business that are valid e-signatures in the United States under the 2000 U.S. Electronic Signature in Global and National Commerce Act (ESIGN) and the Uniform Electronic Transactions Act (UETA) as adopted by individual states. Erasable Inc. does not authenticate users’ signatures or identities.
4. PAYMENTS
4.1 Payment. Customer must pay fees according to the payment terms specified at the time services are ordered
4.2 Failure to Pay. If Customer fails to pay, Plump Medical Spa Inc. may, in its sole discretion, terminate, suspend or restrict provision of its products and services. We may charge interest at a monthly rate equal to the lesser of 2.5% per month or the maximum rate permitted by applicable law on any overdue fees, from the due date until the date any overdue amount (plus applicable interest, in addition to a $99 Late Payment Penalty) is paid in full.
4.3 Disputes. If Customer believes in good faith that Plump Medical Spa Inc. has incorrectly billed Customer, the Customer must contact Plump Medical Spa Inc. in writing within 30 days of the billing date, specifying the error. Unless Customer has notified Plump Medical Spa Inc. of the dispute, Customer must reimburse Plump Medical Spa Inc.’s reasonable collection costs (including attorney’s fees). Customer must pay the undisputed portions of Plump Medical Spa Inc.'s invoice as required by this Agreement.
4.4 Taxes. Prices do not include applicable taxes. Plump Medical Spa Inc. will invoice Customer for any applicable taxes, and Customer must pay these taxes.
4.5 Delivery. Plump Medical Spa Inc.'s products and/or services are deemed to be delivered and accepted upon payment.
4.6 Refunds. All sales are considered final, but Plump Medical Spa Inc. reserves the right, at their sole discretion, to refund all or part of a sale on a case-by-case basis.
4.7 Other Promotions. We may run promotional offers from time to time, the terms of which are promoted on our website or in emails. Promotions may not be combined. Unless otherwise indicated, we may establish and modify, in our sole discretion, the terms of such offer and end such offer at any point.
5. YOUR RELATIONSHIP WITH Plump Medical Spa Inc. Plump Medical Spa Inc. is a medical spa and wellness center designed to offer a variety of elective cosmetic procedures and medical services and customers engage Plump Medical Spa Inc. products and services by choice. Products and services require customer disclosure of potentially harmful medical issues. Failure to disclose potentially harmful medical issues can result in unwanted side effects that you agree Plump Medical Spa Inc. shall not be held liable.
6. YOUR PRIVACY Protecting your privacy is very important to us. Please review our Privacy Policy, which explains how Plump Medical Spa Inc. treats your personal information and protects your privacy.
7. FEEDBACK We may provide you with a mechanism to provide feedback, suggestions, and ideas on our products and services. You grant us the irrevocable right to use your feedback and incorporate your suggestions into our products and services without any obligation to provide attribution or compensation to you or any third party.
8. LIABILITY DISCLAIMER
I have read and understand this waiver and have been fully informed of all Plump Medical Spa Inc. terms and conditions as well as benefits and limitations. I certify that I have disclosed all medical conditions that might affect my treatments as well as previous products and services used and their side effects, if any. Plump Medical Spa Inc. disclaims liability for any loss, injury, claim or damage related to your use of its products and services, including without limitation, those resulting from errors or omissions, a site or application being down, data loss, and unsatisfactory aesthetic outcomes. Plump Medical Spa Inc. will not be liable to you for any indirect, incidental, consequential, reliance or special damages, including without limitation damages arising from any court action or legal dispute. In no event shall the aggregate liability of Plump Medical Spa Inc., whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of Plump Medical Spa Inc.'s products or services, exceed any compensation paid by you for treatment by Plump Medical Spa Inc. during the three months prior to the date of any claim. I release my providers from any injury or complication resulting from undiagnosed medical conditions present during my treatment. I assume all responsibility for updating changes in physical and mental condition.
9. INDEMNIFICATION You will indemnify and hold harmless Plump Medical Spa Inc. and its officers, agents, employees, representatives, and assigns from any costs, damages, expenses, and liability caused by your use of any of Plump Medical Spa Inc.'s products and services or your violation of these Terms of Service.
10. MODIFICATION OF THESE TERMS OF SERVICE We reserve the right to modify these Terms of Service. You agree that your use of Plump Medical Spa Inc.'s products and services after a modification will be treated as acceptance of the modified Terms of Service.
11. CONTACT US By email: info@plumpmedicalspa.com
12. MISCELLANEOUS
12.1 Choice of Law, Jurisdiction & Venue. You agree that any disputes with Plump Medical Spa Inc. arising from or connected to your products and/or services at Plump Medical Spa Inc. will be governed by the laws of the state of California, that California courts will have exclusive jurisdiction over any such disputes, and that California will serve as the venue.
12.2 Headings for Convenience Only. The headings of sections and sub-sections in this Agreement are for convenience only and are not intended to affect the meaning of the Agreement.
12.3 Entire Agreement. This Agreement, along with invoices, sales orders or other purchase-related communication, is the entire agreement between you and Plump Medical Spa Inc. with respect to your use of Plump Medical Spa Inc. and its products and services. We reserve any rights not expressly granted here.
12.4 Non-Waiver. No waiver by the Company of any term or condition set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.
12.5 Severability. If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Service will continue in full force and effect.
PRIVACY POLICY
Protecting your personal information is important to us. This Privacy Policy applies to the products and services of Dr. Amir Hossein Mortazavientesab, MD or authorized staff of Plump Medical Spa Inc. (or “we,“ “us” or “our”” for the rest of this agreement) on all platforms and media (including the website plumpmedicalspa.com, our mobile website, apps, emails, and agreements. By interacting with Plump Medical Spa Inc. you consent to this Policy.
The information we collect about you falls into one of two categories, personally identifiable or non-personally identifiable. Personally Identifiable Information. Before receiving treatment or a consultation, medical history information will be collected and as a result you will provide us with personal information that is linked to you specifically (“Personally Identifiable Information”). This can include: • Personal contact information (name, email address) • Professional information (company name, position/title) • Your birthday • Your location • Medical History Non-Personally Identifiable Information. We may also collect the following data that is not linked to you specifically: • Traffic Data. We use a number of internal and third-party tools to recognize visitor data like IP addresses, browser settings and operating systems. We track how often web pages and videos are viewed and the sources of our traffic. We employ Google Analytics Demographic and Interest Reporting, through which Google provides us with general demographic information (like age, gender and affinity categories) about visitors to our website. You can opt out of Google sharing this information at www.google.com/settings/ads. • Email Effectiveness Data. We may collect aggregated data about how often the emails we send out are opened and any links in them are clicked. • Cookie Data. We may use cookies, which are small pieces of data we place on visitors’ computers to track the web pages they visit before and after coming to our website. We may also use cookies to track the pages they view and the links they click on within Plump Medical Spa Inc.’s website. • App Referral and Download Data. We may use internal and third-party tools to determine which sites or emails referred visitors to download the Plump Medical Spa Inc. mobile application. • In-App Behavior. We may use internal and third-party tools to gather information about users’ behavior inside our mobile application, such as how much time users spend in the app as well as the frequency and duration with which they use particular features and view particular screens. Plump Medical Spa Inc. Credit card information is securley stored with no visbility to PLUMP MEDICAL SPA INC. after terminal payment or online booking process for futre Payments for Plump Medical Spa Inc.'s products and services and processed by OPUL or Square. Please consult OPUL or Square's Security Policy for more information.
We use the information we collect from you to communicate with you, provide you with our services, and improve those services. For example, we may use your email address to send you reminders about appointments. We may analyze our users’ agreement-related data for purposes like refining the content of our forms. Plump Medical Spa Inc. will not share your Personally Identifiable Information with third parties for the purpose of marketing their products without your prior consent. For example, we do not sell our email lists. But we may share your Personally Identifiable Information with companies that provide us with support services (like our email providers) or that help us analyze or market our own products and services. We share this information only if these companies require such information to perform their functions. We do not authorize these companies to use your Personally Identifiable Information for any other purpose. Plump Medical Spa Inc. will share your Personally Identifiable Information with the appropriate authorities if we believe in good faith that doing so is required by law or court order, to protect our rights or property, or to protect the safety of our users or the public. Additionally, if Plump Medical Spa Inc. or substantially all of Plump Medical Spa Inc.'s assets are acquired, or if Plump Medical Spa Inc. goes out of business or enters bankruptcy, user information, including Personally Identifiable Information, may be one of the assets that is transferred to or acquired by a third party. As for non-Personally Identifiable Information, which is not linked to you specifically, we may share it with third parties for various purposes. For example, we may share information with third parties about the number of registered users and unique visitors to our website, or about the types of Plump Medical Spa Inc. treatments that are most often requested.
We can’t provide you with our core service without you providing us with some Personally Identifiable Information.
Applicability of This Privacy Policy
Our Privacy Policy attests to our commitment to privacy and demonstrates the ways we ensure that patient privacy is protected. Our Privacy Policy applies to the personal health information of all our patients that is in our possession and control.
What is Personal Health Information?
Personal health information means identifying information about an individual relating to their physical or mental health (including medical history), the providing of health care to the individual, payments or eligibility for health care, organ and tissue donation and health number.
Accountability
We take our commitment to securing patient privacy very seriously. Each practitioner and employee associated with the Practice is responsible for the personal information under his/her control. Our employees are informed about the importance of privacy and receive information periodically to update them about our Privacy Policy and related issues.
Identifying Purposes: Why We Collect Information
We ask you for information to establish a relationship and serve your medical needs. We obtain most of our information about you directly from you, or from other health practitioners whom you have seen and authorized to disclose to us. You are entitled to know how we use your information. We will limit the information we collect to what we need for those purposes, and we will use it only for those purposes. We will obtain your consent if we wish to use your information for any other purpose.
Consent
You have the right to determine how your personal health information is used and disclosed. For most health care purposes, your consent is implied as a result of your consent to treatment, however, in all circumstances express consent must be written. Your written Consent will be forwarded to the Privacy Officer who will document the request in patient’s medical records and notify appropriate Health care providers and their supporting staff. Patients who have withdrawn consent to disclose PHI must sign and date the Consent to Withdrawal Form. It is understood that the consent directive applies only to the PHI which the patient has already provided, and not to PHI which the patient might provide in the future: PHIPA permits certain collections, uses, and disclosures of the PHI, despite the consent directive; healthcare providers may override the consent directive in certain circumstances, such as emergencies; and the consent directive may result in delays in receiving health care, reduced quality of care due to healthcare provider’s lacking complete information about the patient, and healthcare provider’s refusal to offer non-emergency care. Your written Consent to Withdrawal Form will be forwarded to the Privacy Officer who will document the request in patient’s medical records and notify appropriate Health care providers and their supporting staff.
Limiting Collection
We collect information by fair and lawful means and collect only that information which may be necessary for purposes related to the provision of your medical care.
Limiting Use, Disclosure and Retention
The information we request from you is used for the purposes defined. We will seek your consent before using the information for purposes beyond the scope of the posted Privacy Statement. Under no circumstances do we sell patient lists or other personal information to third parties. There are some types of disclosure of your personal health information that may occur as part of this Practice fulfilling its routine obligations and/or practice management. This includes consultants and suppliers to the Practice, on the understanding that they abide by our Privacy Policy, and only to the extent necessary to allow them to provide business services or support to this Practice. We will retain your information only for the time it is required for the purposes we describe and once your personal information is no longer required, it will be destroyed. However, due to our on-going exposure to potential claims, some information is kept for a longer period.
Safeguards: Protecting Your Information
We protect your information with appropriate safeguards and security measures. The Practice maintains personal information in a combination of paper and electronic files. Recent paper records concerning individuals’ personal information are stored in files kept onsite at our office. Older records may be stored securely offsite. Access to personal information will be authorized only for the physicians and employees associated with the Practice, and other agents who require access in the performance of their duties, and to those otherwise authorized by law. We provide information to health care providers acting on your behalf, on the understanding that they are also bound by law and ethics to safeguard your privacy. Other organizations and agents must agree to abide by our Privacy Policy and may be asked to sign contracts to that effect. We will give them only the information necessary to perform the services for which they are engaged, and will require that they not store, use or disclose the information for purposes other than to carry out those services. Our computer systems are password-secured and constructed in such a way that only authorized individuals can access secure systems and databases. If you send us an e-mail message that includes personal information, such as your name included in the "address", we will use that information to respond to your inquiry. Please remember that e-mail is not necessarily secure against interception. If your communication is very sensitive, you should not send it electronically unless the e-mail is encrypted or your browser indicates that the access is secure.
Access and Correction
With limited exceptions, we will give you access to the information we retain about you within a reasonable time, upon presentation of a written request and satisfactory identification.
Plump Medical Spa Inc. will occasionally update this Privacy Policy. We encourage you to check this page regularly for revisions.
During your treatment your provider may discuss the use of UPNEEQ, FDA approved for acquired ptosis. If verbal consent given client may be offered to try the medication during treatment if qualifoed. Please read further information bellow in regurds to UPNEEQ. By sigining this docment you agree that if qualified you have agreed to a verbal consent to treat and you have full iunderstanding of the risks and information bellow.
Precautions and warnings:
Ptosis may be associated with neurologic or orbital diseases such as stroke and/or cerebral aneurysm, Horner syndrome, myasthenia gravis, external ophthalmoplegia, orbital infection and orbital masses. Consideration should be given to these conditions in the presence of ptosis with decreased levator muscle function and/or other neurologic signs.
Alpha-adrenergic agonists as a class may impact blood pressure. Advise UPNEEQ patients with cardiovascular disease, orthostatic hypotension, and/or uncontrolled hypertension or hypotension to seek medical care if their condition worsens.
Use UPNEEQ with caution in patients with cerebral or coronary insufficiency or Sjögren’s syndrome. Advise patients to seek medical care if signs and symptoms of potentiation of vascular insufficiency develop.
UPNEEQ may increase the risk of angle closure glaucoma in patients with untreated narrow-angle glaucoma. Advise patients to seek immediate medical care if signs and symptoms of acute narrow-angle glaucoma develop.
Patients should not touch the tip of the single patient-use container to their eye or to any surface, in order to avoid eye injury or contamination of the solution.
Adverse reactions that occurred in 1-5% of subjects treated with UPNEEQ were punctate keratitis, conjunctival hyperemia, dry eye, blurred vision, instillation site pain, eye irritation and headache
Drug interction:
Alpha-adrenergic agonists, as a class, may impact blood pressure. Caution in using drugs such as beta blockers, anti-hypertensives, and/or cardiac glycosides is advised. Caution should also be exercised in patients receiving alpha adrenergic receptor antagonists such as in the treatment of cardiovascular disease, or benign prostatic hypertrophy.
Caution is advised in patients taking monoamine oxidase inhibitors which can affect the metabolism and uptake of circulating amines.
RELEASE AND WAIVER OF LIABILITY
I have read and understand this waiver and have been fully informed of all Plump Medical Spa Inc. terms and conditions as well as benefits and limitations. I certify that I have disclosed all medical conditions that might affect my treatments as well as previous products and services used and their side effects, if any. Dr. Amir Hossein Mortazavientesab, MD or authorized staff of Plump Medical Spa Inc. disclaims liability for any loss, injury, claim or damage related to your use of its products and services, including without limitation, those resulting from errors or omissions, a site or application being down, data loss, and unsatisfactory aesthetic outcomes. Plump Medical Spa Inc. will not be liable to you for any indirect, incidental, consequential, reliance or special damages, including without limitation damages arising from any court action or legal dispute. In no event shall the aggregate liability of Plump Medical Spa Inc., whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of Plump Medical Spa Inc.'s products or services, exceed any compensation paid by you for treatment by Plump Medical Spa Inc. during the three months prior to the date of any claim. I release my providers from any injury or complication resulting from undiagnosed medical conditions present during my treatment. I assume all responsibility for updating changes in physical and mental condition.
INDEMNIFICATION
You will indemnify and hold harmless Dr. Amir Hossein Mrtazavientesab, MD or authorized staff of Plump Medical Spa Inc. and its officers, agents, employees, representatives, and assigns from any costs, damages, expenses, and liability caused by your use of any of Plump Medical Spa Inc.'s products and services
Please note our Cancellation Policy: In the event of a no-show or cancel/reschedule your appointment less than 48 hrs in advance, we charge a $100 fee to the card on file or apply the booking deposits made on the account towards this fee. It’s important to respect the time of both our patients and staff and your understanding in this matter is greatly appreciated!
If you arrive more than 10 minutes late for your appointment, it may result in cancelation of your appointment and you may be required to reschedule to avoid disrupting the appointments of other patients.
There are no exceptions to these policies.