Terms & Conditions
MedWell USA, LLC
Website: www.medwellusa.com
Email: info@medwellinc.com
Phone: (813) 540-8564
Address: 2380 Drew Street, Suite #3, Clearwater, FL 33765, United States
Effective Date: January 7, 2025
General Terms & Conditions
1. Medical Consent:
The undersigned client, medical clinic, including its medical director and prescribing providers, acknowledges that certain compounded medications offered through this platform may fall under FDA-designated Category 2 or Category 3, indicating regulatory ambiguity and/or pending review. The clinic agrees to proceed with full knowledge of the potential risks, which may include, but are not limited to: future reclassification, regulatory enforcement, or restricted access. By initiating use of these products, the clinic and its licensed medical professionals affirm that they are solely responsible for determining clinical appropriateness, patient safety, and compliance with all applicable federal and state laws.
The clinic further agrees to indemnify, defend, and hold harmless MedWell USA, LLC (authorized reseller) and SINQ OPS, LLC (transaction software provider), its affiliated sales representatives, and pharmacy partners against any claims, liabilities, regulatory actions, or legal disputes arising from the use, misuse, marketing, prescribing, or dispensing of any compounded medication provided.
MedWell USA, LLC, SINQ Op’s (and affiliates) does not provide medical advice, make clinical recommendations, or assume responsibility for patient outcomes. All treatment decisions must be made by the clinic’s licensed medical personnel, including the designated medical director.
2. Assumption of Certain Liabilities:
MedWell USA, LLC (“MedWell”) hereby assumes full responsibility and liability for any and all claims, losses, damages, penalties, fines, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to the Products supplied under this Agreement, including but not limited to:
a) product defects (manufacturing, formulation, or packaging);
b) labeling, instructions for use, or marketing materials;
c) any damage during transit from pharmacy/manufacturer to clinic
d) recalls, market withdrawals, or safety alerts;
e) storage, handling, or distribution of Products once released for sale.
To the maximum extent permitted by law, MedWell agrees to defend, indemnify, and hold harmless SINQ Op’s, the Pharmacy, Clinic, Provider, officer, director, employee, or agent from and against all such claims.
3. Acceptance of Terms
By accessing or using this website, placing an order, creating an account, or engaging in any transaction through MedWell USA, LLC (“MedWell,” “Company,” “we,” “our,” or “us”), you (“User,” “Clinic,” “Provider,” or “Client”) agree to be bound by these Terms and Conditions.
These terms and conditions are included with each sign up form and must agreed by the clinic.
This website is intended solely for licensed medical clinics, prescribing providers, and authorized healthcare entities. It is not intended for consumer use.
If you do not agree to these Terms, you may not access or use this website or purchase any products or services.
4. Eligibility
Use of this website and purchase of products is restricted to licensed medical clinics, licensed prescribing providers, authorized healthcare professionals, and legally recognized healthcare entities.
By using this website, you represent and warrant that you are authorized to act on behalf of a licensed clinic or provider and that all information submitted is accurate and complete.
5. Products and Services
MedWell USA, LLC operates as an authorized reseller and B2B distribution platform for healthcare products and compounded medications supplied by licensed pharmacy partners and manufacturers.
MedWell does not manufacture medications unless expressly stated. All products are supplied through licensed and regulated pharmacy or manufacturing partners.
Products may be subject to federal and state regulatory oversight, availability limitations, shipping restrictions, and prescription requirements.
All purchases are subject to approval and compliance verification.
6. No Medical Advice
This website and any related materials are provided for informational and transactional purposes only.
MedWell USA, LLC does not provide medical advice, does not make treatment recommendations, does not establish provider-patient relationships, and does not practice medicine or pharmacy.
All prescribing decisions, patient screening, and treatment determinations remain the sole responsibility of the licensed medical provider.
7. Regulatory Compliance
Users are responsible for ensuring compliance with all applicable federal laws, state medical board regulations, pharmacy regulations, DEA regulations (where applicable), and FDA guidance.
Clinics and providers agree that they are solely responsible for ensuring lawful marketing, prescribing, dispensing, and use of any product obtained through this platform.
8. Ordering and Payment Terms
All orders are subject to verification of licensing, compliance checks, inventory availability, and approval by MedWell and/or pharmacy partners.
Pricing may change without notice. Orders are not final until confirmed in writing.
Payment terms may include prepayment, approved net terms, ACH or wire transfer, or other approved methods.
Failure to remit timely payment may result in suspension or termination of account privileges.
9. Shipping and Risk of Loss
Shipping timelines are estimates only and not guaranteed.
Risk of loss transfers according to applicable shipping documentation unless otherwise stated in a separate written agreement.
MedWell is not responsible for carrier delays beyond its control.
10. Returns and Refunds
Due to the nature of pharmaceutical and compounded products, returns are generally not permitted.
Refunds are limited to documented defects or shipment errors.
Recalls will follow regulatory protocols.
All claims must be submitted in writing to info@medwellinc.com within five (5) business days of receipt.
11. Account Security
Users are responsible for maintaining confidentiality of login credentials and account access.
MedWell shall not be responsible for unauthorized use resulting from compromised credentials.
12. Intellectual Property
All website content, branding, text, graphics, logos, and software are the property of MedWell USA, LLC or its licensors.
No content may be copied, reproduced, distributed, or modified without prior written consent.
13. Limitation of Liability
To the maximum extent permitted by law, MedWell USA, LLC shall not be liable for indirect damages, consequential damages, lost profits, business interruption, regulatory fines incurred by clinics, or patient outcome claims.
Total liability shall not exceed the amount paid by the clinic for the specific product giving rise to the claim.
14. Indemnification (General)
Except as expressly assumed under Section 2 above, Users agree to indemnify and hold harmless MedWell USA, LLC from claims arising out of regulatory violations by clinic, improper prescribing, off-label marketing, failure to obtain informed consent, or patient adverse events.
15. Privacy
Use of this website is also governed by MedWell’s Privacy Policy.
Clinics are responsible for compliance with HIPAA and applicable patient data regulations. MedWell does not store or manage patient medical records unless otherwise contracted under a separate written agreement.
16. Governing Law
These Terms shall be governed by the laws of the State of Florida, without regard to conflict of law principles.
Venue for any disputes shall be located in Pinellas County, Florida.
17. Modification of Terms
MedWell USA, LLC reserves the right to modify these Terms at any time. Updated Terms will be posted on the website with a revised effective date.
Continued use of the website constitutes acceptance of revised Terms.
18. Severability
If any provision of these Terms is found unenforceable, the remaining provisions shall remain in full force and effect.
19. Contact Information
For all legal, compliance, or contractual inquiries:
MedWell USA, LLC
Email: info@medwellinc.com
Phone: (813) 540-8564
Address: 2380 Drew Street, Suite #3, Clearwater, FL 33765, United States