VivoClaro, Inc. (“VivoClaro”) agrees to provide clear aligner products and services to Customers under the following conditions.
- Order and Fulfillment Process
Customer shall place all orders for clear aligners via this clear aligner web site. Upon the provision of all required patient information, VivoClaro shall manufacture clear aligners and provide the same to the Customer. All orders shall be paid for prior to production of treatment plans or clear aligners pursuant to VivoClaro’s standard terms and conditions of sale.
- Eligibility Certification
The VivoClaro Aligner system can only be designed and ordered by licensed dental health professionals who have been properly trained in the use of the VivoClaro Aligner system. Accordingly, Customer certifies that she or he: 1) is a properly licensed dental health professional, 2) is legally authorized to proscribe, design and provide dental orthodontic devices, 3) has successfully completed all required VivoClaro Aligner training; and 4) has the technical capabilities to properly design and fit the VivoClaro Aligner system and to oversee VivoClaro Aligner patient treatment plans.
- Liability Disclaimer
VivoClaro hereby disclaims any express or implied warranties, including the implied warranty of merchantability and implied warranty of fitness for a particular outcome. VivoClaro also hereby disclaims any responsibility for data loss for Customer information stored on its servers or on those of the Customer.
- Returns and Refunds
By submitting payment for treatment plans and clear aligners, Customer agrees that the amounts charged to Customer’s credit card are nonrefundable and Customer accepts complete financial responsibility even if the treatment is not accepted by Customer’s patient or if the patient does not pay the Customer. Customer agrees that VivoClaro incurs significant costs to provide products and services on Customer’s behalf and is not prohibited from collecting payment in the event that Customer requests a charge back for this transaction. Because of the custom and labor-intensive nature of producing treatment plans and clear aligners, all sales are final upon payment by the Customer without exception.
- Data Privacy and Protection
In order to provide VivoClaro Aligner products and services to Customer, it will be necessary for VivoClaro to function as a “Business Associate” of the Customer and to have access to Patient Health Information. In such event, Business Associate agrees to:
(a) Not use or disclose Protected Health Information other than as permitted or required by this Agreement or as required by law;
(b) Use appropriate safeguards, and comply with Subpart C of 45 CFR Part 164 with respect to electronic Protected Health Information, to prevent use or disclosure of Protected Health Information other than as provided for by the Agreement;
(c) Report to Customer any use or disclosure of Protected Health Information not provided for by this Agreement of which it becomes aware, including breaches of unsecured Protected Health Information as required at 45 CFR 164.410, and any Security Incident of which it becomes aware;
(d) In accordance with 45 CFR 164.502(e)(1)(ii) and 164.308(b)(2), if applicable, ensure that any Subcontractors that create, receive, maintain, or transmit Protected Health Information on behalf of the Business Associate agree to the same restrictions, conditions, and requirements that apply to the Business Associate with respect to such information;
(e) Make available Protected Health Information in a Designated Record Set to the Covered Entity or Individual as necessary to satisfy Covered Entity’s obligations under 45 CFR 164.524;
(f) Make any amendment(s) to Protected Health Information in a Designated Record Set as directed or agreed to by the Covered Entity pursuant to 45 CFR 164.526, or take other measures as necessary to satisfy Covered Entity’s obligations under 45 CFR 164.526; and:
(g) Maintain and make available the information required to provide an accounting of disclosures to the Covered Entity and / or to the Individual, as necessary to satisfy Covered Entity’s obligations under 45 CFR 164.528;
(h) To the extent the Business Associate is to carry out one or more of Covered Entity’s obligation(s) under Subpart E of 45 CFR Part 164, comply with the requirements of Subpart E that apply to the Covered Entity in the performance of such obligation(s); and
(i) Make its internal practices, books, and records available to the U.S. Department of Health and Human Services for the purpose of determining compliance with the HIPAA Rules.
7) Permitted Uses and Disclosures by Business Associates
(a) Business Associate may only use or disclose Protected Health Information to the extent that such use or disclosure is necessary to perform the services undertaken by Business Associate on behalf of the Covered Entity and to the extent such use or disclosure is allowed by law.
(b) Business Associate may not use or disclose Protected Health Information in a manner that would violate Subpart E of 45 CFR Part 164 if done by Covered Entity.
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