ELUXX PROVIDER PLATFORM TERMS OF USE
Last modified: March 18, 2024
Please carefully read these Provider terms and conditions of use (“Provider Terms of Use”) as they govern your access to and use of Eluxx LLC’s (“Eluxx,” “we,” “us,” and “our”) Platform. Eluxx contracts with and provides clinicians, health care providers, and other practitioners in the cosmetic, health, anti-aging, and wellness industries a Platform (as defined below) to assist in the practice of their profession or trade (each, a “Provider” or “you”) and to engage with Provider’s customers and visitors to the Platform (collectively, “Users,” each a “User”). These Provider Terms of Use apply to you in the event you are a Provider that has entered into an agreement with Eluxx for the Services. The Eluxx Terms of Use [www.eluxx.com/providers/terms-and-conditions/] is incorporated herein by reference. In the event of a conflict between the Eluxx Terms of Use and the Provider Terms of Use, the Provider Terms of Use shall govern with respect to Providers.
By clicking “Accept,” you acknowledge that you have read in its entirety, understand, and fully accept all terms and conditions contained in these Provider Terms of Use and our Privacy Policy. If you do not agree to be bound by these Provider Terms of Use and our Privacy Policy, you are not authorized to access or use our Platform, please PROMPTLY EXIT THIS PLATFORM.
1. Account Set-Up and Provider Information.
You agree to: (a) provide true, accurate, current, and complete information when registering to use the Platform and establishing your Provider account, and all other or additional information you input or load into the Platform in connection with your use of the Platform, including a description of the services and products you offer (collectively “Provider Information”) and (b) maintain and promptly update the Provider Information to keep it true, accurate, current, and complete. If you provide any Provider Information that is untrue, inaccurate, not current, or incomplete, or Eluxx has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Eluxx suspend or terminate your Provider account. You are entirely responsible for maintaining the confidentiality of any passwords and any usage and activities that occur in connection with your Provider account. You agree not to allow others to access your account or utilize your password. Doing so will compromise the security of your Provider account.
2. Online Payments
You can purchase products and/or services on the Platform and you can accept payment from Users on the Platform. We accept credit and debit cards issued by U.S. banks. If a debit or credit card account is being used for a transaction, Eluxx may obtain preapproval for an amount up to the amount of the payment. If you enroll to make recurring payments automatically, all charges and fees will be billed to the credit card you designate during the setup process. If you want to designate a different credit card or if there is a change in your credit card, you must change your information online. This may temporarily delay your ability to make online payments while we verify your new payment information.
You represent and warrant that if you are making online payments that (i) any credit card, debit card and bank account information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your credit/debit card Eluxx or bank, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.
3. Cancellations
If you need to cancel an appointment that a User has scheduled with you through the Platform, you must do so more than 24 hours before the start of the scheduled appointment time. If your cancellations becomes frequent, Eluxx reserves the right to suspend or remove your account.
4. Automatic Renewal Subscription Terms
We may charge a subscription fee for certain uses of our Platform. Your subscription is continuous and will be automatically renewed at the end of the applicable subscription period, unless you cancel your subscription before the end of the then-current subscription period by Eluxx. If you cancel your subscription, your account’s access to and us of our Platform will automatically end at the end of your current billing period. Eluxx may change the price for your subscription, from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes will take effect at the start of the next subscription period following the date after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by cancelling your account on our Platform prior to the price change going into effect. If payment through your payment method is refused, rejected, or declined for any reason, we reserve the right cancel your subscription without notice. In the event that your subscription is cancelled for any reason, you will need to resubscribe in order to access Platform.
5. Disclaimer of Warranties
ELUXX does not guarantee any referrals of Users and makes no representations regarding the volume or value of interactions Provider will have with Users. ELUXX expressly disclaims all warranties for content, information, materials, or data posted by Provider or Users. Provider is solely responsible for the services provided through the Platform and provides the services at Provider’s sole risk.
Provider is solely responsible for any agreements made with the Users. Eluxx is not responsible, liable or obligated in any way for any agreement made between Provider and a User.
6. No Medical Advice
The content of the Platform, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment or recommendations of any kind. You should always seek the advice of your qualified heath care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. Eluxx does not recommend or endorse any specific tests, physicians, products, procedures, opinions or other information that may be included on the Platform. Reliance on any information appearing on the Platform, whether provided by Eluxx, its content providers, its clients, visitors to the Platform or others, is solely at your own risk.
7. Supplemental Terms Applicable to Providers
These supplemental terms apply to Providers in addition to the other provisions of these Provider Terms of Use.
To be a Provider using the Platform you must be contracted with Eluxx to receive the Service via the Platform. Your relationship with the Users is directly between you and the User. The User will never have a professional services relationship with Eluxx (i.e., doctor-patient, nurse-patient, cosmetologist-client, esthetician-client, or coach-client) with Eluxx. Eluxx is a technology company and offers no health, medical, beauty, or wellness services. Provider is solely responsible for all agreements, consents, notices, and other interactions with Users. Without limiting the generality of the foregoing, Provider and Eluxx are each responsible for all billings and collections from Users, and Eluxx shall have no liability whatsoever to Provider with respect to any amounts owed by any User to Provider.
Eluxx does not provide any medical advice, legal advice, or representations in any way regarding any legal or medical issues associated with Provider, goods, or services offered by Provider, including but not limited to any compliance obligations or steps necessary to comply with any state or federal laws and regulations. Provider should seek legal counsel regarding any legal and compliance issues and should not rely on any materials or content associated with the Platform in determining Provider’s compliance obligations under the law. Provider and Eluxx agree that Eluxx is not providing to Users, customers, patients, or anyone else, medical, health, or wellness advice, or legal advice. THE PLATFORM IS NOT MEANT TO SUBSTITUTE OR MODIFY YOUR PROFESSIONAL JUDGMENT IN ANY WAY.
Provider agrees to defend, indemnify, and hold Eluxx harmless from any claim by or on behalf of any User, or by or on behalf of any other third party or person claiming damage by virtue of a familial or financial relationship with such a User, which is brought against Eluxx, regardless of the cause if such claim arises for any reason whatsoever, out of Provider’s use or operation of the Platform. To the extent applicable, Provider will obtain Eluxx’s prior written consent to any settlement or judgment in which Provider agrees to any finding of fault of Eluxx or defect in the Platform. Eluxx will promptly notify Provider in writing of any claim subject to this indemnification, promptly provide Provider with the information reasonably required for the defense of the same, and grant to Provider exclusive control over its defense and settlement.
If you submit, upload, transmit, or post any consents, notices, advice, recommendations, comments, files, videos, images, or other materials to us or our Platform (“Provider Content”) or provide any Provider Content to Users or other consumers, you agree not to provide any Provider Content that (a) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (b) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any person or entity, or (c) contains or transmits a virus or any other harmful component. Provider is solely responsible for obtaining all necessary agreements and consents from, and providing all required notices to, Users and other consumers. You agree not to contact Users through unsolicited e-mails, telephone calls, mailings, or any other method of communication. You represent and warrant to Eluxx that you have the legal right and authorization to upload all Provider Content to the Platform. Eluxx shall have a royalty-free, irrevocable, transferable right, and license to use the Provider Content however Eluxx desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from or sell or distribute such Provider Content or incorporate such Provider Content into any form, medium, or technology throughout the world. Eluxx is and shall be under no obligation: (i) to maintain any Provider Content in confidence; (ii) to pay to you any compensation for any Provider Content; or (iii) to respond to any Provider Content. Eluxx does not regularly review Provider Content, but does reserve the right (but not the obligation) to monitor and edit or remove any Provider Content submitted to the Platform. You grant Eluxx the right to use the name that you submit in connection with any Provider Content. You agree not to use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any Provider Content. You are and shall remain solely responsible for the content of any Provider Content you post to the Platform or provide to Users or other consumers. Eluxx and its affiliates take no responsibility and assume no liability for any Provider Content submitted by you or any third party.
8. Provider Rules of the Road
- Providers must exercise the reasonable standard of care specific to the requirements of their professional licensure.
- Providers agrees that Provider is acting as an independent contractor and is not entitled to, workers’ compensation benefits from Eluxx or its carrier as a result of any injury, illness or death incurred by Provider while performing any services. Provider also understands that, as an independent contractor, Provider is also not entitled to any unemployment benefits from applicable state or federal government in the event these Terms are terminated.
- In the event a Provider chooses to treat a minor, Provider acknowledges they are responsible for compliance with applicable law regarding the provision of services to minors and uses and disclosures of personally identifiable information of a minor.
9. Revisions; General
Eluxx reserves the right, in its sole discretion, to terminate your access to all or part of the Platform, with or without cause, and with or without notice. In the event that any of the Provider Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Provider Terms of Use shall otherwise remain in full force and effect. These Provider Terms of Use constitute the entire agreement between Eluxx and you pertaining to the subject matter hereof. In its sole discretion, Eluxx may from time-to-time revise these Provider Terms of Use by updating this posting. You should, therefore, periodically visit this page to review the current Provider Terms of Use, so you are aware of any such revisions to which you are bound. Your continued use of the Platform after revisions to these Provider Terms of Use shall constitute your agreement to the revised Provider Terms of Use. Certain provisions of these Provider Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within the Platform.
10. Contact Us
If you have any questions, concerns, complaints or suggestions regarding our Provider Terms of Use or otherwise need to contact us, you may contact us at the contact information below or through our Platform.
How to Contact Us:
Eluxx, LLC
Telephone: (877) 716-7832
Email: Provider@eluxx.com
