Automatically Renewing Subscription Terms
Last updated: January 25, 2024
These Automatically Renewing Subscription Terms (“Subscription Terms”) are Additional Terms subject to Oar Health (“Oar”, “we”, “our”, “us”) Terms & Conditions of Use and Privacy Policy, and govern any orders to enter into subscriptions and subscriptions initiated and maintained via the Services (“Subscriptions”). Other Additional Terms may apply. Capitalized terms not defined in these Subscription Terms shall have the meaning as such capitalized terms are defined in the Terms & Conditions of Use.
You shall be deemed to have accepted these Subscription Terms by purchasing a Subscription.
WHEN YOU PURCHASE A SUBSCRIPTION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (A) OAR (OR OUR THIRD-PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE YOU ON A RECURRING BASIS FOR YOUR SUBSCRIPTION (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS YOUR SUBSCRIPTION CONTINUES, AND (B) YOUR SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL IT OR WE SUSPEND OR STOP PROVIDING ACCESS TO THE SERVICES IN ACCORDANCE WITH THESE TERMS. YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME BY LOGGING INTO YOUR ACCOUNT, NAVIGATING TO YOUR PROFILE, AND CLICKING ON “CANCEL SUBSCRIPTION.”
Acceptance, Billing, and Payment
All billing information provided must be truthful and accurate. YOU AGREE THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY SUBSCRIPTION. By entering into a Subscription, you grant to Oar the right to provide such information to external parties for purposes of facilitating the completion of Subscriptions initiated by you or on your behalf. Providing any false, untruthful or inaccurate information constitutes a breach of this agreement for which we may cancel your Subscription and seek other remedies to the fullest extent permitted by applicable law. When you place an order, it is an offer and we do not accept the offer until we have completed the transaction. Before accepting an order, we may request additional information from you and we reserve the right to reject Subscriptions, or to cancel them after acceptance subject to providing you a prorated refund for Subscriptions.
You agree to pay Oar the amount that is specified in the payment plan of the Subscription in accordance with the terms of such Subscription and these Subscription Terms. Oar may request a pre-authorization for orders placed online with a credit or debit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction. By confirming your order during the checkout process, you agree to accept and pay for the order. If you have an insufficient amount of funds to complete a Subscription, we may at our sole discretion, cancel the Subscription.
If you make an order, you represent you are at least the age of majority in your jurisdiction. If you are under the age of majority, you represent that if you make an order, you will do so under the supervision of a legal guardian who agrees to be bound to these Subscription Terms on your behalf.
BY AGREEING TO USE THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT: (1) YOU WILL PAY DIRECTLY FOR ANY MEDICAL SERVICES AND PRODUCTS PROVIDED TO YOU IN ACCORDANCE WITH THESE SUBSCRIPTION TERMS, AND (2) NEITHER OAR NOR ANY OAR AFFILIATED PROVIDER OR HEALTH CARE ORGANIZATION OR PROVIDER WILL BILL ANY FEDERAL OR STATE HEALTH CARE PROGRAM OR INSURANCE PLAN FOR SUCH MEDICAL SERVICES OR PRODUCTS.
You agree to pay all fees due for services requested. You shall be responsible for all taxes associated with the Services. You will see a prompt for your payment details, such as your credit card information. 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. You understand and agree that you are responsible for all fees due to receive health care services and pharmacy services, including any fees charged by the health care organization(s) or provider(s). Your payments to Oar may include fees charged by health care organization(s) or provider(s) for health care services and/or pharmacy services, which Oar collects on their behalf. Any health care services or pharmacy services not made available through the Services are not included in the payments collected by Oar and you may be separately charged by the applicable healthcare providers for such services. In the event that your credit card expires or Oar, our affiliates, or our third-party payment processors are unable to process your payment, you may receive notice for you to provide an alternative payment method. Oar and/or the health care organization(s) and/or provider(s) have no obligation to provide any health care services or pharmacy services unless and until full payment has been received and/or verified.
You acknowledge and agree that Oar does not accept Medicare, Medicaid, or any other third-party insurance. In the event you choose to use the Oar platform to find a healthcare provider and schedule an appointment with a healthcare provider, you will be responsible for the full amount of any fees for such healthcare services. You acknowledge and understand that Oar cannot guarantee the availability of any healthcare provider at any particular time.
Payment shall be by credit card, and you will be required to provide Oar with information regarding your credit card or other payment instrument. You represent and warrant to Oar that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. Information regarding acceptable payment methods and shipping destinations is provided during the checkout process. Your order cannot be processed without correct shipping and billing information, and we cannot make changes to your order after it is placed.
Pricing
All prices are subject to change without notice. Such changes are applied prospectively and do not apply to your completed past Subscriptions, where the full length of the Subscription has already been paid or where the Subscription has a limited length of time before necessitating a renewal (e.g., a one-year subscription paid in full up front or a renewable one-year subscription paid on a monthly basis). For Subscriptions that autorenew, we will provide you notice of any price changes before the Subscription autorenews to provide you the opportunity to cancel before the autorenewal. Some prices may be limited time promotional discounts. Such limited time promotional discounts are described at the time of you entering into the applicable Subscription. Pricing errors may occur from time to time. The price charged for a Subscription will be the price in effect at the time the order is placed.
Promotions
We may offer promotions that include Additional Terms that may apply to your order. Please review promotional Additional Terms carefully. If promotional Additional Terms and these Subscription Terms conflict, these Subscription Terms govern with respect to Subscriptions.
Subscription Delivery
For each Subscription you will receive a delivery confirmation email.
Subscription Duration and Automatic Renewals.
Subscription durations may have different ranges depending on your Subscription cycle preference (e.g., monthly, quarterly, bi-annually and annually). Your Subscription will automatically renew at the beginning of each Subscription cycle unless you cancel the Subscription before the beginning of its next cycle. In order to avoid charges to your preferred payment method, you must cancel before a Subscription or Subscription renewal begins. Subscriptions can only be assigned to one user at a time; they cannot be shared. Upon expiration of a Subscription, access will be blocked.
Cancellations
To cancel a Subscription renewal, please log in to your account, navigate to your profile, and select the option to cancel your subscription. You may only cancel a Subscription before a Subscription cycle begins. For example, if you are set to begin a yearly Subscription in January, you may cancel the Subscription before January. You may not cancel a Subscription cycle that has already begun and has yet to end.
To the fullest extent permitted by applicable law, we may reasonably refuse, terminate, or cancel a Subscription such as for limitations on eligibility requirements, inaccuracies or errors in Oar-provided services or pricing information, or problems identified by our credit and fraud avoidance partners, with no further obligations to you, even after your receipt of an order confirmation.
If your Subscription is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge.
Oar may, at its discretion and as permitted by applicable law, either contact you for cancellation instructions or cancellation notification and receipt.
Errors
In the event of an error, whether via our Service, in a Subscription confirmation, in pricing, in processing your order, or otherwise, we reserve the right to correct such error and revise your Subscription accordingly or to cancel the Subscription and refund any amount received. If the price of your Subscription is less than the price stated to you, you will be charged the lower amount. If the price of your Subscription is higher than the price stated to you, you will be contacted for your instructions before your order is accepted. If we revise the price of your Subscription and you do not agree to the new price, you may seek a refund.
Refunds and Termination of Subscriptions
If you dispute any charges you must let Oar know within sixty (60) days after the date that Oar charges you. Unless otherwise specified, all Subscriptions are non-refundable and non-transferable. Discretionary pro-rated or full refunds will only be provided after a claim is filed with support@oarrx.com. Except where refunds may be required under applicable laws, or as otherwise permissible by these Subscription Terms, Oar reserves the right to issue refunds at our sole discretion. Refundable claims include, but are not limited to, double charges, errors in pricing, and accidental purchases. If we provide a refund, your payment method will be credited for returned item(s) within 30 days of our confirmation of such refund.
Pursuant to the Terms & Conditions of Use, in the event Oar terminates your Subscription without cause, Oar may offer a pro rata refund subject.
Free Trials
Oar may offer Subscriptions that begin with a free trial period (“Free Trial Period”). Oar may require you to provide billing information at any point during the Free Trial Period, where at the end of the Free Trial Period, your Subscription cycle will begin and reoccur until you cancel. Oar reserves the right to modify, cancel, and/or limit the Free Trial Period without notice at any time.
Security and Notification of Unauthorized Use
You agree to maintain reasonable security measures to protect against unauthorized users gaining access to Subscriptions and the Subscription management application. You will promptly notify Oar if you become aware of any unauthorized use of the Subscriptions or Services or any violation or threatened violation of Oar’s intellectual property rights, or the intellectual property rights of third-parties, therein. You agree to cooperate with Oar and render such assistance as Oar may reasonably request to identify, halt and/or prevent any violation of such rights.
Changes to these Terms
We may make changes to these Subscription Terms, including when there are changes in our services, technology, law and regulation, or for other reasons. If we do, we will provide you notice of such changes by posting the updated Subscription Terms and changing the “Last Updated” date above, and you agree that is a sufficient form of notifying you of changes. Any changes become effective when posted unless a later date is provided in the posting, and apply prospectively after such changes become effective, except that, notwithstanding anything to the contrary, changes addressing new functions of our service or changes made for legal reasons will be effective immediately. If you continue to access, use, or enter into Subscriptions after the “Last Updated” date, you will be deemed to have accepted and agreed to such changes. IF YOU DO NOT AGREE TO ANY AMENDMENTS, YOU MUST DISCONTINUE USING THE SERVICES TO ENTER INTO ANY SUBSCRIPTIONS.
Disputes/Binding Arbitration
Except where prohibited by applicable law, any dispute or claim arising from or relating to these Terms is subject to the “Governing Law; Dispute Resolution; Arbitration; Venue; Severability Of Provisions” section and all other terms in our Terms & Conditions of Use.
Limited Remedies, Damages Exclusion
As permitted by applicable law, and subject to our Terms & Conditions of Use, Oar’s total, cumulative liability arising from or in connection with your Subscriptions will be limited to the amount you have paid Oar for your Subscriptions for each Subscription that caused such loss. In no event will Oar be liable for incidental, consequential, indirect, special or punitive damages, or lost revenue, data or profits, arising from or in connection with Subscriptions. Oar is not liable for any canceled or unfulfilled appointments, or any injury or loss resulting from the foregoing, or for any other injury or loss related to your Subscriptions.
Nothing in these Subscription Terms excludes or limits our liability for any matter in respect of which it would be unlawful for us to exclude or restrict our liability. We are not responsible for any loss or damage that is not foreseeable. We are not liable for any loss or damage suffered by you as a result of your breach of these Subscription Terms, our Terms & Conditions of Use, or applicable Additional Terms.
Contact Information
If you have any questions or concerns you may contact us by emailing support@oarrx.com or contacting us at:
10 Jay St, Suite 102
Brooklyn, NY 11201