What you, the consumer, are signing up for:

 

When you create an account with Plan Split, LLC, d/b/a Wellness Care Plus, you agree to the following:

You are paying for services that are provided by a third-party provider using the Wellness Care Plus software.

Wellness Care Plus will collect from you and pay the third-party service provider for the plan(s) you have selected, minus any associated merchant account fees.

You are legally able to enter into a contract.

If you are signing up another person for a plan with Wellness Care Plus, you represent and warrant that you have the authority to sign up that person for the plan and that you have received their permission to do so.

You will make payments for each plan you select in accordance with the plan you select from your provider. All payments will be auto-deducted.

The provider may need to approve your plan purchase prior to activation. If it is not approved within 7 days, it must be re-purchased.

If you cancel a plan within seven (7) days of selecting that plan and the provider has not applied any usage to your selected plan, then no fees will be charged to you.

Simply put, no refunds will be given for any reason after seven (7) days, or within seven (7) days if usage has been applied to your plan, even if you are not satisfied with the service of the provider or the poor performance of the provider.

At no time will any payments you have made be refunded.

You may cancel any plan you have selected at any time. At the time of cancellation, provider services under the cancelled plan will cease to be provided under the plan. Upon your cancellation of a plan, you pay, at the non-discounted pricing, for the services you have already used, or you pay for the plan in full, whichever is less. Notwithstanding the foregoing, should you have not used any services, then you will pay nothing more, however, payments that you have made are not refundable and will not be refunded.   The aggregate per service usage amount / ala carte usage amount for all services used to that point is less than the fees paid to the provider at the time of cancellation, then you owe nothing more to the provider.

When cancelling a plan, you will be given the option to mark the plan as “Do Not Renew”. If you select the “Do Not Renew” option, you will simply make the remainder of your monthly payments to the provider for the remained of the plan period and you will owe nothing more to the provider for the plan you elected to not renew even if your aggregate per service usage amount / ala carte usage amount for the remaining months is greater than the total of your plan period payments.

Wellness Care Plus has the right, but not the obligation, to cancel a plan if it has actual knowledge of an interruption due to a provider going out of business, filing bankruptcy, fraud or other significant financial or service risk to consumers or Wellness Care Plus. You acknowledge and agree that there is a risk that should a plan be cancelled, you may have paid more for the plan than the services you have received, and you will owe nothing more to the provider.

The monthly payments for each plan you select will be automatically deducted from your account, either bank or credit card, on the day you sign up for each plan. Thereafter the monthly fee will be deducted on the same day you signed up for each plan. However, (1) if you sign up for a plan on the 31st of a month, then the monthly fee will be deducted on the last day of each month; (2) if you sign up for a plan on a leap day, then the monthly fee will be deducted on the 29th of each month going forward, and then on the 28th of the next February.

Any plan you have selected will automatically renew on the anniversary of your selection of that plan, except that any cancelled plan will not automatically renew. Additionally, any plan marked “Do Not Renew” will not automatically renew.

You understand and agree that Wellness Care Plus does not check or investigate whether providers have any professional licenses required for their providing of services to you. You also understand and agree that Wellness Care Plus does not check or investigate whether providers are maintaining in good standing any required licenses for their providing of services to you. You understand and agree that it is your responsibility to determine whether the providers of services to you have any required professional licenses for the provision of services to you and whether they are maintaining in good standing any such licenses.

Wellness Care Plus is not liable to you for any damages due to services provided by any provider under any plan you have selected. Additionally, Wellness Care Plus is not liable to you for any damages due to services provided by any provider that were not part of the plan you selected.

 

What you, the provider, are signing up for:

 

When you agree to be a provider on the Wellness Care Plus app/website software, you agree to the following:

You agree to create plans for services to consumers and the pricing of those plans.

You agree that you have the option to opt-in to allowing the plan to be discounted by 5% if the consumer elects to pay for the entire plan period with one payment at checkout.

You agree to provide the services under the plans in the normal course of your business and profession. This means you agree to treat Wellness Care Plus consumers the same as consumers not using Wellness Care Plus by not limiting the service hours, appointment times, quality of goods and services, and any other business practices of Wellness Care Plus consumers when compared to other consumers of your goods and services (non-discrimination provision).

You agree that should there be an interruption or anticipated interruption of any plan, for any reason, including but not limited to, going out of business, bankruptcy, natural disaster, acts of God, disability of provider, loss of any license, fraud or other significant financial or service risk to consumers or Wellness Care Plus, you will contact Wellness Care Plus and work with Wellness Care Plus to determine the best course of action going forward to fulfill the intention of any and all plans. You agree that Wellness Care Plus can decide to close the plans in its sole discretion. If closing plans is the determination that is made, you agree to notify your consumers to cancel their plans immediately and document that notification in a writing to the consumer.

You agree to the fees as listed in the Wellness Care Plus “Pricing” page.  The base fees will be deducted in accordance to the policies listed on the “Pricing” page, monthly if you elect the monthly option, or annually if you select that option.  The fees associated with exceeding usage are deducted monthly. If you cancel all your consumer plans and delete your provider account on our software, you will no longer be charged additional fees but none will be refunded.

You agree that Wellness Car Plus will collect payments from the consumer, deduct any associated merchant account fees, and then pay the provider its contracted amount after the consumer has paid Wellness Care Plus. Plan Split does not provide any collection support.

Payments to provider are reported to the IRS in accordance with all applicable laws and regulations by the merchant services provider.

You represent and warrant that you have any and all licenses required for your profession and that all such licenses are in good standing.

You, the provider, have the authority to sign up as a provider with Wellness Care Plus. The person actually signing up the provider online has the authority to sign up on behalf of the provider.

You agree to maintain all licenses required to maintain your business.

You agree to maintain all licenses required for your profession, as applicable.

You agree to promote, advertise, and sell only products that you are authorized to promote, advertise, and sell by the original manufacturer and all other persons and entities in the chain of distribution of said products.

You agree that Wellness Care Plus has the right to use your logo and to revise and update the logo in order for it to be clear and viewable in the application. Wellness Care Plus will only obtain the logo from your website unless you make separate arrangements with Wellness Care Plus. Wellness Care Plus offers each provider category, such as Veterinarian, Chiropractor, Dentist, etc., six rights free images that may be used by providers for their plans. You the provider may upload your own images for your plans. You represent and warrant that you have the right to upload any such images and that your use of any such images does not infringe any rights to include any intellectual property rights. You agree that you will indemnify and hold harmless Wellness Care Plus from any infringement of your use of any such images. You agree to remove any such images upon being notified that your use of them infringes any other party’s rights.

You agree to defend, indemnify, and hold harmless Wellness Care Plus from any and all liability, judgments, settlements, claims, fines, penalties, damages, losses, costs, expenses (including reasonable attorneys’ fees), or injury caused by, arising out of, or resulting from any services you, including but not limited to your officers, owners, licensed professionals, employees, and staff, provide to the consumers using Wellness Care Plus.

 

 

 

Plan Split, LLC Website Terms of Use

Last Modified: September 12, 2024

Acceptance of the Terms of Use

These terms of use are entered into by and between You and Plan Split, LLC d/b/a Wellness Care Plus ("Company," "we," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Use"), govern your access to and use of www.plansplit.com and www.wellnesscareplus.com, including any content, functionality, and services offered on or through www.plansplit.com and www.wellnesscareplus.com (the "Websites"), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website. By using the Websites or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and Plan Split, LLC and Wellness Care Plus Websites Privacy and Cookies Policy (“Privacy Policy”), incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

This Websites are offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use these Websites.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Websites thereafter. However, any changes to the dispute resolution provisions set out in the Governing Law and Jurisdiction section below will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Websites.

Your continued use of the Websites following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time and each time you access this Websites so you are aware of any changes, as they are binding on you.

Accessing the Websites and Account Security

We reserve the right to withdraw or amend these Websites, and any service or material we provide on the Websites, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Websites is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Websites, or the entire Websites, to users, including registered users.

You are responsible for both:

Making all arrangements necessary for you to have access to the Websites.

Ensuring that all persons who access the Websites through your internet connection are aware of these Terms of Use and comply with them.

To access the Websites or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Websites that all the information you provide on the Websites is correct, current, and complete. You agree that all information you provide to register with these Websites or otherwise, including, but not limited to, through the use of any interactive features on the Websites, is governed by Plan Split, LLC’s (d/b/a Wellness Care Plus) Websites’ Privacy and Cookies Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to these Websites or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

The Websites and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Websites for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Websites, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

You may store files that are automatically cached by your Web browser for display enhancement purposes.

You may print or download one copy of a reasonable number of pages of the Websites for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

You must not:

Modify copies of any materials from these sites.

Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.

Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Websites or any services or materials available through the Websites.

If you wish to make any use of material on the Websites other than that set out in this section, please address your request to: [email protected] and [email protected].

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Websites in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Websites or any content on the Websites is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Websites not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

The Company name, the terms Plan Split and Wellness Care Plus, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on these Websites are the trademarks of their respective owners.

Prohibited Uses

You may use the Websites only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Websites:

In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way, including asking for personally identifiable information, or otherwise.

To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.

To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).

To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Websites, or expose them to liability.

Additionally, you agree not to:

Use the Websites in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.

Use any robot, spider, or other automatic device, process, or means to access the Websites for any purpose, including monitoring or copying any of the material on the Websites.

Use any manual process to monitor or copy any of the material on the Websites, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.

Use any device, software, or routine that interferes with the proper working of the Websites.

Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Websites, the server on which the Websites are stored, or any server, computer, or database connected to the Websites.

Attack the Websites via a denial-of-service attack or a distributed denial-of-service attack.

Otherwise attempt to interfere with the proper working of the Websites.

Reliance on Information Posted

The information presented on or through the Websites is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Websites, or by anyone who may be informed of any of its contents.

This Websites may include content provided by third parties. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third-party.

Changes to the Websites

We may update the content on these Websites from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Websites may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Websites

All information we collect on these Websites is subject to Plan Split, LLC’s Websites Privacy and Cookies Policy. By using the Websites, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Online Purchases and Other Terms and Conditions

All purchases through our site or other transactions performed through the Websites, or resulting from visits made by you, are governed by our Consumer and Provider Terms and Conditions , which are hereby incorporated into these Terms of Use.

Additional terms and conditions may also apply to specific portions, services, or features of the Websites. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

Links from the Websites

If the Websites contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to these Websites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Websites is based in the State of Florida in the United States. We provide these Websites for use only by persons located in the United States. We make no claims that the Websites or any of their content is accessible or appropriate outside of the United States. Access to the Websites may not be legal by certain persons or in certain countries. If you access the Websites from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Websites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITES LINKED TO IT.

YOUR USE OF THE WEBSITES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES IS AT YOUR OWN RISK. THE WEBSITES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITES, ANY WEBSITESS LINKED TO IT, ANY CONTENT ON THE WEBSITES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Websites, including, but not limited to, your User Contributions, any use of the Websites' content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Websites.

Governing Law and Jurisdiction

All matters relating to the Websites and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Websites shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida, in each case located in Volusia County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At Company's sole discretion, it may require You to submit any disputes arising from these Terms of Use or use of the Websites, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Florida law.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use, and our Privacy Policy, constitute the sole and entire agreement between you and Plan Split, LLC regarding the Websites and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Websites.

Your Comments and Concerns

These Websites are operated by Plan Split, LLC, d/b/a Wellness Care Plus. All other feedback, comments, requests for technical support, and other communications relating to the Websites should be directed to: support@plansplit.com and support@wellnesscareplus.com.

 

All Terms and Conditions, Websites use policies, and privacy and cookies polices are subject to change without notification. Clicking the box accepting these is contractual.