Terms and Conditions
You agree that you are a licensed pharmacist in the state where your pharmacy resides and that you are certified to purchase prescription medical devices.
You agree to use products and services offered by Physician 360™ only for lawful purposes. You agree to abide by any applicable local, state, national, or international law. You agree to be compliant with all laws, ordinances, statutes, rules, and regulations of any federal, state, or local governmental body or unit applicable to its use of Physician 360 products and services, including, but not limited to, all privacy and data security laws, immigration laws, Department of Labor regulations, State Pharmacy Board regulations, the Federal Food and Drug Administration (FDA), the Department of Health and Human Services (HHS), Centers for Medicare and Medicaid (CMS) regulations including but not limited to the Clinical Laboratory Improvement Amendments (CLIA), and all Occupational Safety and Health Administration laws and regulations. We reserve the right to terminate or suspend your use of (including any access to) Physician 360™ products and services, or parts of the services, without notice, if we believe, in our sole discretion, that it is in violation of these terms and conditions, our requirements, or any applicable law, or it is harmful to our interests or the interests, including intellectual property or other rights, of another user or any other third party, including any of our patients, partners, affiliates, sponsors, providers, licensors, or merchants.
You understand that many of Physician 360™ products are prescription medical devices. You agree to process them for sale as you would any other prescription medical device or medication. You agree not to offer prescription medical devices for sale as over-the-counter (OTC) products.
You understand that the Physician 360™ Rapid Strep Test and the Physician 360™ Rapid Flu Test are CLIA waived, repackaged tests and that the Physician 360 Rapid Flu Test and Rapid Strep Test are distributed to CLIA waived pharmacies with the intent and expectation that the test would be administered by a member of the pharmacy staff dispensing the test.
You must not post, transmit, or otherwise make available through or in connection with the Physician 360™ services any virus or other computer code, file, or program that is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment.
You agree to provide true, accurate, current, and complete information in connection with the Physician 360™ products and services. It is your responsibility to maintain and promptly update this account information to keep it true, accurate, current, and complete. If you provide any information that is fraudulent, untrue, inaccurate, incomplete, or not current, or we have reasonable grounds to suspect that such information is fraudulent, untrue, inaccurate, incomplete, or not current, we reserve the right to suspend or terminate your account without notice and refuse any and all current and future use of the Physician 360™ products and services. Because any termination of your access to the Physician 360™ products and services may be effected without prior notice, you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or the products and services. Furthermore, you agree that we shall not be liable to you or any third party for any termination of your access to your account or the products and services.
You are responsible for obtaining, maintaining and paying for all hardware, software, and all telecommunications and other services needed for you to use the Physician 360™ products and services.
Statement and Agreement for the CoronaChek™ COVID-19 Test
These conditions apply only to purchases of the CoronaChek™ COVID-19 Test kit.
This product is CLIA waived under FDA emergency use authorization (EUA). I understand that I must provide a valid CLIA license number in order to purchase this product. I understand that I must be a CLIA waived pharmacy or other CLIA-waived point-of-care setting in order to use this product. This product is not meant for resale to a patient; this is not an OTC product. Additionally, I acknowledge that I am responsible for reporting all positive and negative test results to state and local officials. More information on reporting can be found on the CDC website.
Disclaimer: This COVID-19 serology antibody diagnostic test is being offered to address an unprecedented public health emergency. It is offered to pharmacies specifically pursuant to the U.S. Department of Health & Human Services, FDA's parent Department, April 8, 2020, Guidance for Licensed Pharmacists titled, "COVID-19 Testing, and Immunity under the PREP Act." The Guidance deems licensed pharmacists "covered persons" under the Public Readiness and Emergency Preparedness Act (PREP Act) and authorizes licensed pharmacists to order and administer COVID-19 tests, including serology tests, that the Food and Drug Administration (FDA) has authorized. Physician 360™ is not expressly or implicitly providing a legal interpretation of the HHS Guidance or the PREP Act. Physician 360™’s COVID-19 serology antibody diagnostic test has been issued an EUA by the FDA and complies with Section IV.D of the FDA's Revised Policy for Diagnostic Tests for Coronavirus Disease-2019. A licensed pharmacist does not require special equipment, training, or knowledge to order and properly administer the COVID-19 serology antibody diagnostic tests.
Statement and Agreement for the COVID-19 Home Collection Kit-Saliva
These conditions apply only to purchases of the COVID-19 Home Collection Kit-Saliva.
This home collection kit has not been FDA cleared or approved. This test has not been FDA cleared or approved.
This home collection kit has been authorized by FDA under an EUA. This test has been authorized under an EUA for use by the authorized laboratory.
This home collection kit has been authorized only for the home collection and maintenance of saliva specimens as an aid in detection of nucleic acid from SARS-CoV-2, not for any other viruses or pathogens.
This test has been authorized for the detection of nucleic acid from SARS-CoV-2, not for any other viruses or pathogens.
This home collection kit in combination with the authorized test is only authorized for the duration of the declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics tests for detection and/or diagnosis of COVID-19 under Section 564(b)(1) of the Act, 21 U.S.C 360bbb-3(b)(1), unless the authorization is terminated or revoked sooner.
Statement and Agreement for the COVID-19 Rapid Antigen Test
These conditions apply only to purchases of the COVID-19 Rapid Antigen Test.
The COVID-19 Rapid Antigen Test uses CareStart™ technology. This product is CLIA waived under FDA emergency use authorization (EUA). I understand that I must provide a valid CLIA license number in order to purchase this product. I understand that I must be a CLIA waived pharmacy or other CLIA-waived point-of-care setting in order to use this product. This product is not meant for resale to a patient; this is not an OTC product. Additionally, I acknowledge that I am responsible for reporting all positive and negative test results to state and local officials. More information on reporting can be found on the CDC website.
Statement and Agreement for the Physician 360™ Telehealth SaaS License
These conditions apply only to purchases of the Physician 360™ Telehealth SaaS License.
Please see the full terms and conditions for the Physician 360™ Telehealth SaaS License by clicking here.
Customer and Physician 360 will each be referred to herein as a “party” and collectively as the “parties.” Each party will be deemed to include respective subsidiaries, affiliates and sister companies or any other organization in which such party has an ownership stake or over which such party can exert control, and the obligations of each party will be obligations of each party’s representatives, including employees, vendors, contractors, agents, end-users and clients, as applicable.
In consideration of the mutual promises and covenants contained in this Agreement, and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
System & Fees
Description of System:
A web-based platform that securely facilitates telehealth, including but not limited to real time telemedicine, telepharmacy and asynchronous patient visits through the integration of remote diagnostic equipment and testing, pharmacies and prescription services, and patient information exchange.
Fees/User Count:
Customer will pay a one-time $199.95 set up fee and then a monthly recurring charge of $99.95.
The above fees will entitle the Customer to one user login. Additional users and fees will be evaluated on a case-by-case basis.
Initial Term:
12 months