Cappuccino on a wooden table

Legal

Cappuccino on a wooden table

Legal

Cappuccino on a wooden table

Legal

Terms of Sale

DudeMeds LLC

TERMS OF SALE

 

Effective Date: January 1, 2024

 

THIS NOTICE DESCRIBES OUR TERMS OF SALE. PLEASE REVIEW IT CAREFULLY.

 

Introduction

The DudeMeds LLC (“DudeMeds”) website is owned and operated by DudeMeds LLC, a company incorporated in Delaware, USA.

These Terms of Sale affect your legal rights and obligations so please read them carefully. If you do not agree to be bound by these Terms of Sale, do not purchase products or services from us.

We’re at your disposal if you need any help or have any questions regarding our products and services. Simply drop an email to care@dudemeds.com or reach us through our Contact page.

We reserve the right to update these Terms of Sale from time to time at our discretion. If we do so, the updated version will be effective as soon as it is accessible. Please review these Terms of Sale before each order you place so that you are aware of any changes to them.

Other applicable terms

You should familiarize yourself with our entire legal section, which apply to your use of our website, and sets out the terms on which we handle the personal data you provide to us.

Compliance

As a healthcare service, we comply with all sorts of regulations, including but not limited to:

  • Health Insurance Portability and Accountability Act (HIPAA): HIPAA is a federal law that regulates the privacy and security of protected health information (PHI). As a telemedicine company, DudeMeds comply with HIPAA’s requirements for handling and safeguarding PHI.

  • Telemedicine laws and regulations: Each state in the USA has its own laws and regulations regarding telemedicine. DudeMeds comply with the laws and regulations of the states where it operates and where patients are located.

  • Controlled Substances Act (CSA): The CSA is a federal law that regulates the manufacture, distribution, and dispensing of controlled substances. DudeMeds telemedicine company offers services related to controlled substances, which it complies with the CSA and other federal and state laws.

  • Americans with Disabilities Act (ADA): The ADA is a federal law that prohibits discrimination against people with disabilities. DudeMeds ensures the telemedicine platform is accessible to people with disabilities, as well as trying to keep up with the latest technologies to continue to make access easy for all.

  • Federal Trade Commission Act (FTC Act): The FTC Act is a federal law that regulates unfair or deceptive business practices. DudeMeds ensures that the telemedicine company does not engage in any unfair or deceptive practices.

  • Children’s Online Privacy Protection Act (COPPA): COPPA is a federal law that regulates the collection of personal information from children under 13 years old. DudeMeds telemedicine company does NOT offers services to children or anyone under the age of 18.

ID verification

If you wish to order a prescription-only product, we will verify your identity automatically once your prescription has been approved by a member of our clinical team.

Our verification partners are:

Our verification partners will match your data to a database of public resources to determine whether the information you have provided us is indeed correct. The data we pass on to our verification partners are the following:

  • First name and last name.

  • Date of birth.

  • Address.

  • In some instances, IP address and other geolocation tags or information may be passed along

If we are unable to verify your identity in this way, you will receive an email asking you to provide us with a copy of your passport, driver’s license or other State issued ID. These are all securely stored with DudeMeds and are required in order to process your order if the verification carried out by our verification partners fails.

Our online consultations

Some of our products and services require you to complete an online consultation (a short questionnaire about your medical history that you take before purchasing a product/receiving a prescription). You must complete the online consultation truthfully and to the best of your knowledge. The online consultation should be completed by you, for you. It is very important that if you are unsure of an answer, you check it with your Primary Care Provider or overseeing physician. We and our partners, including our prescribers, will rely on your responses for the purposes of medical assessment and to determine if the product/prescription is suitable for you.

If you don’t understand something in the questionnaire, please contact us and we’ll give you any information you need. If you have any further questions, we recommend you contact your Primary Care Provider or overseeing physician.

You should always tell your Primary Care Provider or overseeing physician about any treatment and medication we supply.

Registration

By signing up with DudeMeds you are creating a secure online electronic patient record within DudeMeds which will contain the following information:

  • A record of these Terms of Sale and the Privacy Policy and all Consent Forms which you accepted.

  • Your personal details.

  • Your treatments, consultations and test or lab results.

You acknowledge and agree that we may archive your electronic patient records including your personal information and treatments for a minimum of 7 years following your last order or prescription.

If there are any changes in your medical condition (new diagnosis, new medication, etc.) you are required to email clinic@dudemeds.com to let us know. Any updates in your medical situation could affect your suitability for treatment.

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorized access to your account. Please contact us if you believe that someone has accessed your account without your permission.

Please do not register more than one account with DudeMeds and be sure to give us your correct name, address, date of birth, email and telephone number. Failure to do so may result in cancellation of your account.

Buying Products

You must be at least 18 years of age to make any purchases on DudeMeds and you must be a resident in the United States. We deliver products only to addresses in the United States. We reserve the right to cancel your order if you are using an address forwarding service. This is to ensure that we are restricting access to our services in geographies outside of the United States or across State lines.

Non-prescription

If you order a product that is a non-prescription medicine, you may still need to take an online consultation. In some cases, you may not need to take an online consultation and you will be charged for the product after placing your order. All products are subject to availability. We will inform you as soon as possible if the products ordered are not available and we will refund you all sums paid.

Prescription-only

At the end of the online consultation, you may be given the option to show a preference for a treatment option. Our clinical team and licensed prescribers need to know about your condition, any medication you may currently be using, potential allergies, and anything else that can help them assess whether the treatment you’ve selected is the right one for you.

A member of our clinical team will review your responses and assess your suitability for treatment. We may contact you via email, phone or sms for additional information if necessary. If you fail to respond to a request for more information, we will reject your request for a treatment.

We aim to process your request within 24 hours.

If we decide that your selected treatment is not suitable for you, we will reject your prescription and you will be notified via email. You may or may not be informed of the reasons for this rejection. Please note, if your request for treatment is rejected, you will not be charged. We only charge for approved prescriptions.

If we determine you are suitable for treatment, a prescription will be issued in your name. You will be charged for this prescription and your first prescription delivery will be passed on to our partner pharmacy.

Please note that professional codes of conduct and legal restrictions may limit the quantity and frequency of any product we and/or our partner pharmacy are permitted to supply to you.

Please note that for safety reasons, we do not accept returns of prescription medicines. In order to cancel your order:

  • If this is your first order and your prescription has not been processed yet, please email help@dudemeds.com and we will be able to instruct our clinical team to reject your order. You will not be charged if the prescription has not been processed yet.

Repeat prescriptions

Most prescriptions are issued on a repeat basis.

The exact number of your repeat allowance is entirely dependent on our clinician’s medical assessment of your online consultation.

Your repeat prescription will expire in the two following cases, whichever comes first:

  • After you have exhausted all of your repeats, or

  • After the duration of your prescription has expired. For example, a prescription for 6 repeats expires 6 months after it is issued, and a prescription for 3 repeats expires 3 months after it is issued.

You will receive an email, phone or sms notification before your prescription expires to inform you of this. It will also include information on what steps to take in order to renew it.

You can cancel or pause your prescription at any time by contacting customer services at care@dudemeds.com. Alternatively, you can go to your DudeMeds Login, select your prescription under the “Your treatments” tab, and turn off automatic refills yourself. Once you have paused or canceled your subscription, you will no longer receive (or be charged for) automatically recurring prescriptions. However, please note that payment is taken 72 hours before your order is due to be sent out. If your medication has already been dispensed, we will be unable to issue you a refund.

If you have paused your subscription, you can still order a one-off delivery by changing it in your DudeMeds account (provided your subscription is still valid). This will action a one-off repeat to be dispensed to you.

Please note that we cannot dispense more medication than permitted on your prescription. You will therefore not be able to get more than one repeat every 30 days.

We reserve the right to cancel your subscription and not supply you with any further medication or products if you notify us of any significant side effects or adverse change in your medical condition, and we shall cancel your subscription if you inform us that you do not wish to receive further medication.

Consent for treatment

I hereby authorize DudeMeds pharmacy partners to provide products, supplies and services as prescribed by my physician. I confirm I have been informed and have participated in planning my care and

sign this consent willingly and voluntarily. I understand this consent is valid from the date of the start of initial therapy and I may withdraw my consent at any time by notice to DudeMeds LLC and, if I do so, the services thereafter will not be provided, but some payments may remain and shall be due.

Consent for payment

I clearly understand and agree that all services rendered to me may be charged directly to me, and that I am personally responsible for full payment. I understand that even if I suspend or

terminate treatment, the fees to purchase the medication for the first three (3) months are due, and if paid are non-refundable.

Lab Tests

All blood tests ordered through DudeMeds consist of:

  • Delivery of a blood sample kit (“at-home”) produced by a third party laboratory that includes a pre-paid envelope for you to return the test in, as well as instructions on how to take a blood sample. Alternately, a lab requisition will be sent to yourself or to Quest Diagnostics or LabCorp for your blood tests. DudeMeds does not take insurance and plays no role in paying for your labs. We offer the requisition form, and you are solely 100% responsible to paying for any and all expenses incurred with labs, lab fee, lab processing and any other ancillary costs associated.

  • Preparation of a report containing your personalized results and benchmarks for healthy results against the metrics you have chosen to test against. The blood testing process itself is carried out by a partner laboratory engaged by us. We reserve the right to change the laboratory from time to time without notice.

If the sample you return cannot be tested (for example, if the sample has coagulated or been damaged), then we will send you a replacement at no further cost. If that sample also cannot be tested, then we will refund you the Fee paid and advise that you visit your local laboratory to perform the test.

As part of our Lab Tests service, DudeMeds may offer you a consultation with a doctor to discuss your results further.

If you have any questions about our Blood Testing Services, please email care@dudemeds.com and we will arrange a more detailed conversation with a member of our team or a clinician.

Delivery of your products

We use registered delivery carriers in order to provide the best delivery service possible. Some products may or may not require a signature. Therefore, please be very careful if children or animals can access products delivered to you.

There may be instances where your delivery is delayed due to circumstances out of our control. We cannot assume responsibility for these delays, but we will do everything we can to ensure that the best service is provided to you.

If your delivery has been delayed by more than 7 days, please contact us.

If your delivery has been delayed being dispatched by one of our providers for any reason, you are entitled to request to cancel the delivery and receive a full refund.

Returns, cancellations, refunds

Please note that for safety reasons, we do not accept returns of medical products, including prescription or non-prescription medicine. If you have unwanted medicine please take it to a local pharmacy for safe disposal.

As this is the case we are unable to offer refunds for returned prescription treatments unless they fall under the below reasons.

In addition to your rights above you may return a product if it is damaged, defective, or if the wrong product has been sent to you. On some occasions we may require evidence such as a photo of damaged, defective, or wrongly received treatment. We are unable to reimburse the cost of return delivery.

You can cancel your order for prescription treatment up until the point it has been approved by a clinician.

For orders relating to non-medical products, you have 14 days to change your mind about the products beginning after the day you receive the products, unless they are split into several deliveries over different days. In this case you have until 14 days after the day you receive the last delivery to change your mind about the products. This excludes sealed products which are not suitable for return due to health or hygiene reasons (unless these items were damaged or faulty when delivered to you or have been incorrectly delivered).

If the product, including medical products, is damaged or defective, or the wrong treatment has been sent please let us know and we will either replace the product, or refund you the amount paid for you for the product in question.

You must return the product to us in accordance with our reasonable request as soon as possible after informing us that the product is damaged or defective. We are happy to accept requests for refunds for any products that are damaged, defective or have been issued in error, for up to 2 months after you received your item.

If you are entitled to a refund, the price paid for the product will be refunded to you by the same method that you used to pay. Refunds will be made once the matter is settled between our customer care team and yourself. You should expect your refund to reach your bank within 7-10 business days of it being issued.

If our delivery provider returns your package to our pharmacy or product partners, they utilize their own set of business practices. Some may be required to destroy the medication after a certain amount of time.

Use of the products

You are responsible for checking that the medicine is the correct medicine prescribed by us and that such medicine is not damaged in any way. Do not consume any medicine which is not the medicine prescribed or which is damaged on arrival. Instead you should contact us and we shall resupply or refund you as set out above.

All product information is for educational purposes and we make no assurances or guarantees as to its completeness, accuracy, or whether it is up to date.

Always read all product packaging and labels carefully before use.

If you purchase medicine in advance, please always check the date on the box to make sure it’s not out of date.

Please make sure that only you have access to your medicines.

In the event of a medical emergency, call 911 immediately.

All unused medication should be returned to your local pharmacy for safe disposal.

Cancellation by us

We may cancel your order if:

  • We have insufficient stock to deliver the products you have ordered.

  • We do not deliver to your delivery address.

  • We cannot obtain authorization for your payment.

  • We cannot verify your identity and you have ordered a prescription-only medicine.

  • We cannot verify that you are aged 18 or over.

  • One or more of the products you ordered was listed at an incorrect price due to an error in typing or an error in the pricing information received by us from our suppliers.

If we do cancel your order we will notify you by email and will refund you all sums paid within 30 days. We will not be obliged to offer any additional compensation for any disappointment suffered.

Our responsibility to you

All of the content on DudeMeds is to be considered general information and not intended to amount to medical advice. If you are seeking medical advice, you should contact a doctor or clinician and refrain from taking any action regarding your health based on the content of DudeMeds.com.

We cannot accept liability for any damages which result from:

  • Your failure to provide (and continuously maintain) complete, truthful, and accurate information in your patient record, as well as in any online consultation you take with us and in any other information you give us.

  • Your failure to follow advice given on DudeMeds, or to pass on relevant information to your regular healthcare provider.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors, and for fraud or fraudulent misrepresentation.

You agree that our service does not replace your general healthcare provider.

Making a complaint

Please contact us at care@dudemeds.com.

General

If any provision of these Terms of Sale is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties and all other provisions shall remain in full force and effect.

Our failure to exercise or enforce any right or provision of these Terms of Sale shall not constitute a waiver of such right or provision.