These terms of use (the "Terms") describe your rights and responsibilities with regard to the kongo.care website (the "Website") owned and operated by Kongo LLC. In these Terms, "we", "our", "us", and "Kongo LLC" collectively refer to Kongo LLC. The terms "you" and "yours" refer to the person using the Website. Use of the Website is governed by these Terms and our Privacy Policy. By accessing or using the Website, you acknowledge that you have read, understood, and agreed to be legally bound by and comply with these Terms and our Privacy Policy.
Even though you may have arrived at the Website through a website or mobile application operated or controlled by a third party, you understand and agree that these Terms are entered into between you and Kongo LLC.
You agree that when you use or enter the Website, you affirmatively consent to conduct business electronically with Kongo LLC and engage in health-oriented activities with health professionals and professional entities affiliated with Kongo LLC. You understand that you have a choice to select any health care provider and pharmacy and, when you use or enter the Website, you affirmatively choose to use the healthcare providers affiliated with Kongo LLC. If you do not agree with any of these Terms or our Privacy Policy, you may not use the Website.
We reserve the right, in our sole discretion, to amend these Terms, in whole or in part, at any time and for any reason, without penalty or liability to you or any third party. You should check the Terms from time to time when you use the Website to determine if any changes have been made. If you use the Website after the amended Terms have been posted, you will be deemed to have agreed to the amended Terms. If any of the provisions of these Terms are not acceptable to you, your sole and exclusive remedy is to discontinue your use of the Website.
You understand and agree that the Website is intended to facilitate the following services (the "Services"): the development and gathering of health care records and information; administrative support in connection with scheduling and payment for Health Care Services; administrative support in connection with coordinating optional fulfilment and payment for diagnostic or public health screening testing, weight loss services, and prescription medications ordered or prescribed by medical providers; and telecommunications and technology support for using the Website as a means of direct access to medical providers provided by affiliated professional entities for communication, consultations, assessments, and treatment.
You understand that the Website gathers unique information from you to enable an affiliated medical provider through the Health Care Services to determine whether a prescription or a diagnostic test is indicated and appropriate for you, including applicable health information (such as your past and present health conditions, medications, and blood pressure), diagnostic tests, as applicable, and personal information (collectively, "Your Information"). After reviewing Your Information, the medical provider, in his or her independent professional judgment, will determine whether to prescribe you medication, other treatment, or recommend that you consult with alternative clinical resources (the "Health Care Services").
All medical providers who deliver Health Care Services through the Website are: (i) independent professionals contracted or employed with affiliated professional entities that coordinate with Kongo LLC, and (ii) solely responsible for such Health Care Services provided to you. Kongo LLC does not provide any Health Care Services through the Website and is not licensed to practice medicine. Kongo LLC does not control or interfere with the provision of Health Care Services by the medical providers and affiliated professional entities.
Kongo LLC does not provide clinical services. Clinical services are provided by telehealth providers and affiliated clinicians, independent entities not affiliated with Kongo LLC. By requesting clinical services, you agree that your relationship to the telehealth provider groups is independent and governed by these Terms of Use and our telehealth providers' terms of use.
To use the Services through the Website, the following must be true: You must be 18 years or older, or, if you are under the age of 18, you are using the Website under the supervision of a parent or guardian. You live in the United States and in a state or territory where the Services are available. You must have compatible computing and/or mobile devices, access to the Internet, and certain necessary software in order to use the Website.
The Services are currently available to individuals located in certain states and that list is subject to change from time to time at the sole discretion of Kongo LLC.
Although certain parts of the Website are accessible by any individual, you are obligated to register with Kongo LLC in order to access the Services. The Website may not be accessible at any time, for any period, or for any reason, and Kongo LLC will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.
Upon registration of an account, the Website may contain forms or fields that allow you to enter, submit or transmit to Kongo LLC user information or data ("User Data"). You understand and agree that, consistent with applicable law, any User Data provided by you on or through the Website may be used, copied or displayed by Kongo LLC, and Kongo LLC may provide such data to our service providers, our successors and assigns, and medical providers and their affiliated professional entities, in performance of the Services.
As a condition of your use of the Services through the Website, you agree to the following:
As applicable, you designate Kongo LLC as your designated representative to pick up your prescription from the dispensing pharmacy and send your prescription to you at your designated address.
You also direct Kongo LLC and its affiliates to provide you with access to any laboratory test results generated as part of the Services provided to you.
You will not use, or encourage or permit others to use, our Website except as expressly permitted in these Terms. You will not:
Subject to your compliance with these Terms, Kongo LLC grants you a personal, limited, revocable, nonexclusive, and nontransferable license to view, download, access, and use the Website and its content, solely for your personal and non-commercial use. No other right, title, or interest in or to the Website is transferred to you, and all rights not expressly granted are reserved by Kongo LLC or its licensors.
The Website is structured for use specific to certain Health Care Services and is not, and should not, be considered, or used as comprehensive medical advice, care, diagnosis or treatment.
Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding general personal health, medical conditions, or drugs or medications, and before commencing or discontinuing any course of treatment, drug or medication.
I understand that Kongo LLC separately engages telehealth companies, which are independently owned by licensed physicians ("telehealth partners"). Kongo LLC does not own these medical practices, employ or in any way supervise or control the telehealth partners rendering care. Through its technology platform, Kongo LLC facilitates the provision of telehealth services but it is not itself a source of healthcare, medical advice, or care.
Telehealth or telemedicine involves the use of electronic communications, information technology, or other means to enable a healthcare provider and a patient at different locations to communicate and share individual patient health information for the purpose of rendering health care services. Telehealth may be used for assessment, treatment, diagnosis, prescription, follow-up, and/or patient education.
The types of electronic transmissions that may occur include completion, exchange, and review of relevant medical information; treatment recommendations by a healthcare provider; delivery of a consultation report with a diagnosis, treatment and/or prescriptions; prescription refill reminders; and other electronic transmissions for the purpose of rendering health care services to you.
With this consent, the telehealth session may be recorded for quality review, operations, training, research, and safety purposes.
Telehealth provides improved access to healthcare providers by allowing you to consult a provider from your home or office, and improved efficiency for access to medical evaluation and management.
As with any medical procedure, there are potential risks including: technical problems that may require an encounter to be rescheduled; security protocol failures causing a breach of privacy of personal medical information; and provider's inability to conduct a hands-on physical examination.
If at any time I provide an email address or cellphone number, I consent to receiving healthcare communications at that address. You may opt out of these communications at any time.
This consent will remain fully effective until it is revoked.
When you submit Your Information for Health Care Services, you agree to pay all fees due. By entering your payment information and submitting your request, you authorize us, our affiliates, or our third-party payment processors to charge the amount due. If you receive a medical consultation, medical consult fees are not subject to or eligible for a refund. We cannot accept returns of prescription products for reuse or resale, and all sales are final. However, if you believe we have made an error in the filling of your prescription, please message us through your Kongo account.
Kongo LLC and/or the medical provider(s) have no obligation to provide any Services unless and until full payment has been received and/or verified. Professional services delivered as part of the Health Care Services are not likely to be covered by any government health care payors.
Kongo LLC understands the importance of confidentiality and privacy regarding Your Information. Please see our Privacy Policy for a description of how we may collect, use and disclose Your Information in connection with the Website.
As between Kongo LLC and you, Kongo LLC is the sole and exclusive owner of all right, title and interest in and to the Website and its content, features and functionality, and all intellectual property rights therein, and any suggestions, ideas or other feedback provided by you. You have permission to use the Website solely for your personal and non-commercial use on the condition that you comply with these Terms.
Certain names, logos, and other materials displayed in and through the Website may constitute trademarks, trade names, service marks or logos ("Trademarks") of Kongo LLC or its affiliates. You are not authorized to use any such Trademarks without the express written permission of Kongo LLC or its affiliates.
The Website may contain hyperlinks or references to other websites ("Linked Sites") operated by third parties. We are not responsible for the information, products or services described thereon. We are providing these Linked Sites to you only as a convenience, and the inclusion of any link does not necessarily imply endorsement of the Linked Site. Your use of these Linked Sites is at your own risk.
YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. KONGO LLC AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, EMPLOYEES, AND AGENTS (COLLECTIVELY "RELATED PERSONS") MAKE NO REPRESENTATIONS OR WARRANTIES AND SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE AND THE SERVICES, INCLUDING ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AVAILABILITY, SECURITY, ACCURACY, FREEDOM FROM VIRUSES OR MALWARE, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEITHER KONGO LLC NOR ITS RELATED PERSONS OR LICENSORS WILL BE LIABLE TO YOU OR TO ANY PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER OR MOBILE PHONE DAMAGE, OR SYSTEM FAILURE. TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF KONGO LLC AND ITS RELATED PERSONS FOR ANY CLAIMS UNDER THESE TERMS SHALL NOT EXCEED U.S. ONE HUNDRED DOLLARS ($100.00 USD).
You agree to indemnify, defend, and hold Kongo LLC and any of its Related Persons, licensors, and suppliers harmless from and against any and all third-party claims, demands, liabilities, costs or expenses, including attorneys' fees and costs, arising from or related to: (i) any breach by you of these Terms, (ii) your use of material or features available on the Website in an unauthorized manner, and/or (iii) a violation by you of any and all applicable laws, rules, or regulations.
Kongo LLC reserves the right at any time and for any reason to modify, or temporarily or permanently discontinue, the Website, or any portion thereof, with or without notice. You agree that Kongo LLC shall not be liable to you and to any third party for any modification, suspension, or discontinuance of the Website.
The Terms will remain in full force and effect as long as you continue to access or use the Website. You may terminate the Terms at any time by discontinuing use of the Website. We may terminate or suspend any of the rights granted by these Terms and your access to our Website with or without prior notice, at any time, and for any reason. After any termination, Kongo LLC will have no further obligation to provide the Services, except to the extent we are obligated to provide you access to your health records or required to provide you with continuing care under our applicable legal, ethical and professional obligations to you.
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND KONGO LLC TO RESOLVE ALL DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.
The Website is controlled and operated by us from the United States. These Terms will be governed by the laws of the State of Wyoming without regard to conflicts of law principles.
You and Kongo LLC agree that all claims and disputes relating in any way to your use of our Website, or arising out of or in connection with these Terms, shall be resolved by binding arbitration on an individual basis, except for disputes which can be resolved in small claims court. Any arbitration will take place in Cheyenne, Wyoming.
IN THE EVENT ARBITRATION IS CONTRARY TO APPLICABLE LAW, YOU AND KONGO LLC WAIVE ANY CONSTITUTIONAL OR STATUTORY RIGHT TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY.
YOU AND KONGO LLC AGREE THAT ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS.
The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Any arbitration between you and Kongo LLC will be initiated through the American Arbitration Association ("AAA") and will be governed by the AAA Consumer Arbitration Rules available at www.adr.org.
The Terms set forth the entire understanding and agreement between you and us with respect to the subject matter hereof. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect.
Kongo LLC complies with the provisions of the Digital Millennium Copyright Act ("DMCA") applicable to Internet service providers (17 U.S.C. § 512, as amended), and responds to clear notices of alleged copyright infringement. To file a notification, contact our Designated Agent at support@kongo.care. Any notification must include: an electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right being infringed; an identification of the copyrighted work claimed to have been infringed; an identification of the material that is claimed to be infringing and where it is located on the Website; information sufficient for Kongo LLC to contact you; a statement of good-faith belief that the use is not authorized by the copyright owner; and a signed statement that the above information is accurate under penalty of perjury.
The provision of Health Care Services by the health professionals and professional entities affiliated with Kongo LLC are not substitutes for health insurance or other health plan coverage. Neither Kongo LLC nor the health professionals affiliated with Kongo LLC will bill your insurer for any medical services and Health Care Services are not intended to be covered by your insurer.
Patients receiving Health Care Services by the health professionals and professional entities affiliated with Kongo LLC have the following rights:
You or your legal representative retain the option to withhold or withdraw consent to receive health care services via the Health Care Services at any time without affecting your right to future care or treatment. All existing confidentiality protections apply. Dissemination of any of your identifiable images or information from the telemedicine interaction to researchers or other entities shall not occur without your consent. Medical doctors are licensed and regulated by the Medical Board of California: www.mbc.ca.gov, licensecheck@mbc.ca.gov, or (800) 632-2322. Physician assistants: www.pab.ca.gov or (916) 561-8780. The Open Payments database can be found at openpaymentsdata.cms.gov.
If you would like the record of this visit to be forwarded to another provider, please include the name and contact information in a message to us.
Each provider is a physician licensed by the Florida Board of Medicine or the Florida Board of Osteopathic Medicine. The provider's hours are variable and will be posted on the Website.
The patient has the right to file a grievance with the Georgia Composite Medical Board at (404) 656-3913 or 2 Peachtree Street NW, 6th Floor, Atlanta, GA 30303-3465.
Unless your provider specifically discloses otherwise, providers do not have any financial interest in any information, products, or services offered through the Website. You may access, supplement and amend your personal health information and file complaints with the Consumer Protection Division Office of the Indiana Attorney General, 302 W. Washington St., 5th Floor, Indianapolis, IN 46204, or by calling (800) 382-5516 or (317) 232-6330.
Services are provided by a person who is licensed to practice the healing arts in Kansas. Questions may be directed to: Kansas State Board of Healing Arts, 800 SW Jackson, Lower Level – Suite A, Topeka, Kansas 66612. Phone: (785) 296-7413. Toll Free: (888) 886-7205. Website: www.ksbha.org.
You shall be informed of the relationship between your health care provider, you and the respective role of any other health care provider with respect to the management of your care and treatment; and you may decline to receive services and may withdraw from such care at any time.
Kongo LLC verifies the identity of the individual transmitting the communication through the assignment and use of a unique username and password combination. Access to data via the Website is restricted through the use of unique usernames and passwords, which are personal to you and must not be shared. Health Care Services must be delivered by either audio or audio-visual devices.
Disclosures of your health records without your written consent shall be made in accordance with state and federal law regarding privacy and confidentiality. You have the right to access and obtain copies of your health records. For more information, refer to the Minnesota Department of Health Notices at health.state.mn.us/facilities/notices/index.html.
You always retain the option to withhold or withdraw consent from obtaining Health Care Services without affecting your right to future care or treatment. All existing confidentiality protections apply. Dissemination of any of your identifiable images or information from the telemedicine interaction to researchers or other entities shall not occur without your consent.
You have a choice when you are referred to a facility for a diagnostic test or health care treatment and may elect to receive the service from a different facility. To access, supplement, or amend patient-provided personal health information, provide feedback, or register complaints — including filing a complaint with the Oregon Medical Board — visit oregon.gov/omb.
An additional in-person medical evaluation may be necessary to meet your needs if the provider is unable to gather all the clinical information via the Website to safely treat you. Complaints about physicians and other licensees of the Texas Medical Board may be reported to: Texas Medical Board, Attention: Investigations, 333 Guadalupe, Tower 3, Suite 610, P.O. Box 2018, MC-263, Austin, Texas 78768-2018. Assistance: 1-800-201-9353. Website: www.tmb.state.tx.us.
Your health care provider will maintain your records for a minimum of six (6) years following your last encounter (with specific exceptions for minor children's records). Patient records will only be destroyed in a manner that protects patient confidentiality. For more information: www.dhp.virginia.gov/Medicine. We will obtain expressed patient consent to forward patient-identifiable information to a third party.
You have the right to request and receive information within a reasonable period of time after your request regarding the fees charged for a health care service, diagnostic test, or procedure provided by your health care provider.
Kongo LLC partners with the following LegitScript-certified compounding pharmacies to fulfill prescriptions ordered through the platform:
Absolute Pharmacy (Absolute RX)
16011 N. Nebraska Ave., Suite 103
Lutz, FL 33549
Main: 813.999.2700
Sales: 813.666.1778
Toll Free: 844-338-2200
Monday – Friday, 9 AM – 6 PM EST
Strive Pharmacy
1275 E Baseline Rd, #104
Gilbert, AZ 85233
Phone: (480) 626-4366
Fax: (480) 626-4365
billing@strivepharmacy.com (billing questions)
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