DIY International DUTCH Complete Purchase Terms

KMLD WELLNESS

INTERNATIONAL DIY DUTCH COMPLETE TESTING
TERMS OF AGREEMENT

PARTIES

This writing (the “AGREEMENT”) outlines the intended legal relationship between KMLD WELLNESS (the “COMPANY”, “COMPANY’S”) and you (the “BUYER”, “you”, “your”, “his”, “her”, “their”) and is intended to govern and control your purchase of services (the “SERVICE”, “SERVICES”) including but not limited to appointments and work in the nature of:

 

  • individual: COMPANY and you, 
  • group: COMPANY, you, and other buyers of the same or similar offer, 
  • synchronous: COMPANY and you are working with each other synchronized,
  • asynchronous: COMPANY and you are working with each other unsynchronized,
  • coaching or consulting

 

The COMPANY and the BUYER are the intended parties (the “PARTIES” referring to COMPANY and BUYER, “PARTY” referring to either COMPANY or BUYER) to this AGREEMENT.

 

ACCEPTING THESE TERMS 

As the BUYER, you are entering into a legally binding agreement with the COMPANY, a Michigan PLLC according to the following terms and conditions, when you do any of the following:

 

  • completed purchase of any of the COMPANY’S offers

 

With this acceptance, the PARTIES agree that any individual, associate, and or assign are bound by the terms of this AGREEMENT. 

 

COMPANY’S SERVICES

This AGREEMENT is executed and effective, when BUYER accepts the terms of this AGREEMENT. The COMPANY agrees to provide the work related to the SERVICE.

  • Health & Wellness education
  • Nutritional & Lifestyle Coaching

 

Parties agree that the SERVICE is in the nature of Wellness Education only. No Medical Advice or services are provided. No diagnosis is provided. Receipt of a DIY test interpretation video and report does not establish a doctor-patient relationship. The scope of work provided by COMPANY according to this AGREEMENT are limited to those listed on COMPANY’S website, or as part of the SERVICE. COMPANY reserves the right to substitute work equal to or comparable to the SERVICE for the CLIENT if the need arises, without prior notice.

 

The terms of this AGREEMENT are binding on any additional goods and or services supplied by COMPANY to BUYER. 

 

The scope of work provided by COMPANY according to this AGREEMENT is limited to those listed in service agreement. COMPANY reserves the right to substitute work equal to or comparable to the SERVICE for the BUYER if the need arises, without prior notice.

 

If COMPANY needs to outsource work related to the SERVICE, and or provide substitute individuals for work related to the SERVICE, the COMPANY will notify the BUYER about the change or modification. 

 

CONFIDENTIALITY

All content discussed during the SERVICE will remain confidential between the parties. Both the COMPANY and the BUYER agree not to disclose any information shared between PARTIES to any third parties, except as required by law or as authorized in writing by both parties.

Understanding Telehealth: Telehealth involves the use of electronic communications and technology to provide and receive Health and Wellness Education services remotely. This method enables patients to receive care from the comfort of their own home or another chosen location, rather than in a traditional, in-person clinical setting.

It is important to understand that telehealth services are conducted online, utilizing digital communication tools such as video conferencing, telephone calls, or other electronic means. While offering convenience and flexibility, telehealth does not replicate a physical, in-person therapy session.

Consent to Receive Telehealth Services: By completing this purchase, I acknowledge that I have read and understood the nature of telehealth services as described above. I am aware that these services are provided remotely, using digital communication technology, and are not conducted in person.

I voluntarily consent to participate in Health and Wellness Education services via telehealth. I understand that while telehealth offers certain advantages, it also carries some inherent limitations compared to traditional in-person sessions. I agree to engage in telehealth sessions and understand the responsibilities and protocols associated with receiving care in this manner.

I have had the opportunity to ask questions about the nature and benefits of telehealth, and all my questions have been answered to my satisfaction. I hereby provide my informed consent to participate in telehealth sessions as part of my treatment plan.

Compliance with Privacy Laws: We are committed to protecting the privacy and confidentiality of your health information. Our telehealth services are fully compliant with all applicable privacy laws, including the Health Insurance Portability and Accountability Act (HIPAA) in the United States. We adhere strictly to these regulations to ensure that your personal and medical information is safeguarded throughout your telehealth experience.

Storage, Use, and Protection of Patient Data:

  • Data Storage: All personal health information provided by you, including but not limited to medical history, treatment plans, and session notes, is stored securely in compliance with legal standards. Our digital records are protected with industry-standard encryption and security measures to prevent unauthorized access.
  • Use of Information: Your health information will only be used to provide you with high-quality care and to manage our healthcare operations. This may include, but is not limited to, diagnosis, treatment planning, and follow-up care. Your information will not be shared with any third party without your explicit consent, except as required by law or as necessary to provide you with healthcare services.
  • Protection During Telehealth Sessions: To ensure privacy during telehealth sessions, we use secure, encrypted video conferencing and communication tools. We also implement administrative, physical, and technical safeguards to protect your information from unauthorized access, alteration, or improper disclosure during these sessions.

By consenting to receive telehealth services, you acknowledge and agree to the terms of this privacy policy. You understand that while we employ robust measures to protect your privacy, the nature of electronic communication inherently carries some level of risk, and we cannot guarantee absolute security.

Telehealth technology is an integral part of providing remote Health and Wellness Education services. Our platform includes secure, user-friendly video conferencing tools that allow for real-time interaction between you and Dr. Kate Lyzenga-Dean. To participate in telehealth sessions, you will need access to a reliable internet connection, a computer or mobile device with a camera and microphone, and a private, quiet space. Detailed instructions on accessing and using our telehealth platform will be provided upon scheduling your session. Please be aware that while telehealth can be highly effective, it may not be equivalent to direct, in-person treatment in every aspect.

In the event of a technological failure or interruption during a telehealth session, please immediately contact us at [email protected]. We have established protocols to swiftly address and resolve technical issues to minimize disruption to your session. Additionally, in case of a medical emergency during a session, it is crucial to contact local emergency services immediately. As telehealth does not allow for direct physical intervention, we recommend having an emergency contact nearby during your sessions.

By participating in telehealth services, you acknowledge the inherent risks associated with electronic communication, including but not limited to privacy concerns and potential for technical difficulties. While we strive to maintain the highest standards of care and security, we cannot guarantee that telehealth services will be uninterrupted or error-free. Additionally, you understand that telehealth may not be as complete as face-to-face services and may not be appropriate for all types of conditions. You agree to hold harmless our practice and staff for issues arising from the use of telehealth technology that are beyond our control.

INTELLECTUAL PROPERTY

COMPANY’S copyrighted and original materials are provided to the BUYER for your INDIVIDUAL USE ONLY and under a limited single-user license. 

 

BUYER is not authorized to use any of COMPANY’S intellectual property, trademarks and or copyrights, for any purpose. BUYER is not authorized to share, copy, distribute, or otherwise disseminate any materials received from COMPANY electronically, or otherwise without the prior written consent of the COMPANY. 

 

As such, the BUYER owns any and all intellectual property resulting from the SERVICE provided by COMPANY to BUYER. Under no circumstances will the COMPANY attempt to legally register any intellectual property developed and or created as a result of this AGREEMENT. 

PROFESSIONAL EXPECTATIONS

To the extent that BUYER interacts with COMPANY staff and or other COMPANY clients, BUYER agrees to behave professionally, courteously, and respectfully with staff and clients at all times. 

 

BUYER agrees that failing to follow the terms of this AGREEMENT, and or any additional instructions provided by COMPANY in relation to the SERVICE, is cause for termination of this AGREEMENT. 

 

In the event of such a termination, BUYER is not entitled to recoup any amounts paid and remains responsible for all outstanding amounts of the FEE.

PAYMENT

Full payment must be made before the SERVICE.  BUYER is responsible for ensuring payment is made using the accepted payment methods provided by the COMPANY. Failure to provide payment may result in the COMPANY not providing your test report and video summary.

BUYER is responsible for paying for return shipping for their test samples.

 

BUYER agrees to pay COMPANY for the SERVICE according to the option chosen at time of purchase (the “FEE”), a one-time payment of $490.



REFUNDS

All sales are final.  No refunds are available.



CHARGEBACKS & PAYMENT SECURITY

When you provide the COMPANY with credit card details to cover the FEE, COMPANY is permitted to charge the card for unpaid amounts according to the payment terms in this AGREEMENT. 

 

You must not initiate chargebacks or modify your card details without the COMPANY'S prior written approval. Any fees incurred in retrieving payment and chargeback collection fees are your responsibility.



TERMINATION

If BUYER is (1) behind in payment, or (2) otherwise in default of this AGREEMENT, then full payment is immediately due and BUYER is barred from using any of COMPANY’S services. 

 

COMPANY is allowed to immediately collect the full FEE from BUYER and stop providing further services to BUYER. 

 

DEADLINES

COMPANY’S deadline is dependent on you providing and meeting your deadline. COMPANY requires 7 BUSINESS DAYS after the receipt of the test results to provide the video summary and report. All deadlines are adjusted based on the receipt of the results from the testing company (Precision Analytical).

 

CONTROLLING AGREEMENT

In the event of any conflict between the provisions contained in this AGREEMENT, any marketing materials used by COMPANY, COMPANY’S representatives, or employees, the AGREEMENT controls.



ENTIRE AGREEMENT

This AGREEMENT is the entire AGREEMENT between the PARTIES and supersedes all prior and contemporaneous agreements, negotiations and understandings, oral or written. Modification to this AGREEMENT is by a written instrument executed by both PARTIES.



LIMITATION OF LIABILITY

By purchasing the SERVICE, you release the COMPANY, its officers, employees, directors, and related entities from any and all damages that may result from your participation in the SERVICE. 

 

You accept any and all risks, foreseeable or unforeseeable arising from this AGREEMENT.

 

Regardless of the previous paragraph, if COMPANY is found to be liable, COMPANY’S liability to you or to any third party is limited to the lessor of: 

 

(a) The total FEE you paid to COMPANY in the one month prior to the action giving rise to the liability, or

 

(b) Thirty (30) percent of FEE paid on the purchase triggering the claim. 

 

All claims against the COMPANY must be filed with the entity having jurisdiction within 90 days of the date of the first claim or otherwise be forfeited forever. 

 

You agree that the COMPANY will not be held liable for any damages of any kind resulting or arising from, including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse or enrollment in the SERVICE. 

 

You agree that use of the SERVICE is at your own risk.



FORCE MAJEURE

In the event, either PARTY is unable to perform its obligations under the terms of this AGREEMENT due to acts of god, epidemics, pandemics, shutdowns (local, state, or federal), strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such PARTY shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.



DISCLAIMER OF GUARANTEE

YOU ACCEPT AND AGREE THAT YOU ARE RESPONSIBLE FOR PROGRESS AND RESULTS FROM THE SERVICE. 

 

YOU ACCEPT AND AGREE THAT YOU ARE A VITAL ELEMENT TO THE SUCCESS ACHIEVED FROM THE SERVICE AND THAT COMPANY CANNOT CONTROL THE OUTCOME OR RESULTS ACHIEVED. 

 

COMPANY makes no representations or guarantees verbally or in writing regarding performance of this AGREEMENT other than those specifically stated. COMPANY and its affiliates disclaim the implied warranties of titles, merchantability and fitness for a particular purpose. COMPANY makes no guarantee or warranty that the SERVICE will meet your requirements or that all buyers will achieve the same results.



CHOICE OF LAW

This AGREEMENT is governed and interpreted in accordance with the laws of The State of Michigan without giving effect to any principles of conflicts of law. 

 

The PARTIES agree to submit any dispute or controversy arising out of, or relating to this AGREEMENT to arbitration according to the rules of the AGREEMENT’S jurisdiction’s arbitration association.  The arbitration is binding upon the PARTIES and their successors in interest. The prevailing PARTY may collect all reasonable legal fees from the non-prevailing PARTY in order to enforce the provisions of this AGREEMENT.



SURVIVABILITY

The ownership, non-circumvention, non-disparagement, proprietary rights, and confidentiality provisions, and any provisions relating to payment of FEE owed set forth in this AGREEMENT, and any other provisions that by their sense and context the Parties intend to have survive, shall survive the termination of this AGREEMENT for any reason.



SEVERABILITY

If any portion of this AGREEMENT is interpreted as invalid or unenforceable only that portion is affected. The invalidity or unenforceability does not affect the other parts or provisions of the AGREEMENT.