Clinic Policy

Contractor provides medical facilitator services (« Services ») through various channels including amongst others the online platform (« Website »). Bound by an obligation of means for its Services, Contractor is not directly or indirectly a medical provider and therefore does not recommend, provide or advice medical services. Contractor provides various offline or online tools in order to connect potential leads or clients (« Leads » and or “Clients”) to become potential patients for Partner such as quote requests, bookings, online conversation tools.  

1.Partner online Account and Data management

1.1 Partner online Account

An online account is required if Partner wishes to receive Leads or have its organisation's details listed on Website. It will be asked to provide information such as its name, address, prices, details of the medical services available and about the personnel who will deliver said services. Partner warrants and undertakes that any information provided is up-to-date, accurate in all material respects and is sufficient for Contractor to facilitate Website services. Partner is responsible for maintaining and promptly updating Partner account information as necessary to ensure accuracy, completeness and for keeping all such information secure against unauthorised access. Contractor may change Partner’s online account data at any time without notification except prices and specific conditions. Contractor acts as a passive conduit for the online distribution and publication of information submitted through Website, and has no obligation to screen or monitor content, information or material posted by Leads or Partner. Partner acknowledges that Leads may publish reviews or opinions either on Website or on associated or linked websites and that they may be used even after the termination of Partner’s account.

  1. Website accessibility and online access security

Partner agrees to immediately notify Contractor of any unauthorised use of Partner password or breach of security. Partner understands and agrees to assume the security risk for any information it provides using Website. Contractor is not liable to Partner or anyone else in connection with any information sent by Partner to Contractor or the contrary over the internet or any information provided to Partner by a Leads or any third party. Both Contractor and Partner undertake to treat confidential, especially towards Leads, all information in connection this Agreement without the prior consent (email shall suffice) of the other. Website is available to all users "as is” and made available without any representations or warranties of any kind including the Services or materials available on Website or that the server that makes it available, will be free from defects. Contractor accepts no liability for any infection by computer virus, bug, tampering, unauthorised access, intervention, alteration or use, fraud, theft, technical failure, error, omission, interruption, deletion, delay, or any event which corrupts or effects the administration, security, fairness or the integrity or proper conduct of any aspect of Website.

Neither Contractor nor its officers, directors, employees, agents and or affiliates (“Relations”) will be liable for loss or damages arising out of or in connection with Partner use of any facilities, services, Website Services offered, transactions entered into through, Partner transactions with Leads, medical services facilitated through Website (including, but not limited to direct, indirect or consequential loss or damages, loss of data, loss of income, profit or opportunity, loss of, or damage to, property and claims of third parties) or the statements or conduct of any Leads or third party, negligent or intentional, inadvertent or advertent. Partner agrees to defend, indemnify and keep indemnified and hold Contractor harmless against any and all claims, proceedings, actions, costs, including legal costs, charges, expenses, damages, liability, losses and demands made by or liabilities to any third party resulting from any activities conducted under Partner account, Partner use or misuse of Website, including but not limited to posting content on Website, entering into transactions with Leads, the provision of Medical services to Leads, contacting others as a result of their postings on Website, failing to deliver the medical services to Leads, or other issues arising out of Partner breach or any breach of this Agreement.

As Partner services including prices, list of treatment, doctor’s availability etc. are displayed by Contractor, Partner is liable for what it displays online through Contractor. Contractor may modify or terminate any services offered through Website from time to time, for any reason and without notice, and without liability to Partner, any other user or any third party. Contractor reserves the right to change the content, presentation, performance, user facilities and/or availability of any part of Website at its sole discretion.

1.3 Management of Clients’ data

For the purposes of this Agreement "Data" means all electronic data or information, including personal data (such as medical file), submitted by Leads on Website and made available to Partner. Partner undertakes that it shall process the Data only to the extent necessary to provide Medical services, and strictly in accordance with the terms of this Agreement and Contractor's instructions from time to time. Partner also warrants to Contractor that it shall comply strictly with all requirements including amongst others the ones of the European standard regulations in terms of data protection in relation to the processing and transfer of Data. Partner shall ensure that only such of its employees, contractors and agents who may be required by Partner to assist it in meeting its obligations under this Agreement shall have access to the Data. Partner agrees to indemnify Contractor and keep fully and effectively indemnified and hold Contractor, its Relations and or Leads harmless from and against any and all liabilities, claims, demands, obligations, losses, expenses, damages, penalties, actions, judgments, suits and costs of any kind or nature whatsoever resulting from any violation or breach by Partner of this clause. Communication between Leads and Partner by email or other online tools may be sent via Contractor. The content of these emails may be retained by Contractor in order to assist Leads and clinics in tracking their communication. As Contractor, cannot control the information provided by Leads such as medical file made available through Website, and amongst others personal data, it does not guarantee or endorse the authenticity, quality, safety or legality of any services requested or provided by Leads, the accuracy of any listings, Leads data or the ability of Leads to complete a transaction.

2. Partner Professional Insurance, Licences, Certifications and Protocols

During the term of this Agreement and for a period of five years thereafter, Partner must, at its own cost, take out and maintain medical negligence, product liability, public liability, employer's liability and professional liability insurance, or equivalent insurances in another jurisdiction, with a reputable insurance company in respect of claims of loss or damage arising out of or in consequence of Partner's obligations to Leads and to Contractor. Partner shall notify Contractor and, where necessary, the Leads, immediately in the event that any of the insurances cease to be available. If the proceeds of any insurance claim are insufficient to cover the settlement of such claims, Partner will make good any deficiency forthwith.

Partner warrants that the medical services shall be supplied and rendered by appropriately experienced, licensed, qualified and trained personnel (or affiliate) and that it has adequate numbers of such personnel available in order to perform its obligations to Leads. Partner warrants that the performance of medical services is permitted and lawful and shall be carried out in accordance with the skill, diligence, prudence, foresight and judgment which would be expected from of a properly qualified and experienced person engaged in the same type of undertaking under the same or similar circumstances, applying the standards generally applied at the relevant time in the medical industry in compliance with all applicable laws, enactments, orders, regulations, and other similar instruments and at all times in accordance with its own standards, policies and procedures. Partner further warrants, represents and covenants with Contractor and acknowledges that Contractor is relying on such warranties, representations and covenants, that they hold valid licences and, where applicable, certifications or protocols, to provide medical services issued by the relevant medical regulatory authority. Partner shall further agree to disclose to Contractor and Leads, the requested Leads’ medical information available after the completion of the medical services, including but not limited to medical reports, medical studies, laboratory reports and final procedure bill.

3. Clients and their management

3.1 Contracting between Partner, Contractor and or Clients

No contract for the sale of any medical services will exist between Partner (or any of its appointed affiliates such as Doctors that work from time to time with Clinics) and Contractor or between any Leads and Contractor. The present Agreement between Partner and Contractor is for the provision of Leads and various online tools to help attracting leads and from time to time an additional contract may be requested by Contractor to Partner for the provisions of its general or specific services to Leads to cover the mutual understanding of all parties (i.e. for a quote, treatment plan or accommodation). Leads provided by Contractor to Partner include its medical services and any additional services requested by Clients in relation to it. In addition to the Leads provided by Contractor to Partner, Partner may provide to Leads other proprietary own services such as payment option, standard facilitator or travel agency services that will never be or deemed to be medical services.

3.2 Management of Leads by Partner

Contractor provides Leads through various means that are deemed to be Leads of same level even though a Leads has started to know Partner through various means such as conversation tool, email or call provided from Contractor, knowing that a Leads needs time and confidence to decide for his/her own health. Except in some obvious cases such as technical error, wrong treatment etc. Leads includes all Partner services whatever Leads languages, number and time of enquiries (i.e. a request for a consultation may lead to a procedure or additional tests or for one treatment and may include another part of the body) or sometimes for someone else and or treatments not listed online for obvious lack of time or space.  Although Contractor shall do its best effort to inform Partner of every new Leads, Partner agrees to use best possible efforts to contact every Leads by any means (such as discussions with doctors, booking consultation or provide as soon as possible a quote upon request from Leads and or Contractor) within maximum one business day. Except for local Leads, Partner also agrees to provide the same pricing policy to be displayed on Partner online account that Partner regularly provides.   

3.3 Partner payment/cancellation policies and own specifications

As Contractor generally informs and displays to Leads Partner own specifications, including amongst others its advance payment and refund policy, both Partner and Contractors have a common interest to secure (partial) payments in advance and avoid any undue refund. As Partner is free to have its own pricing, payment policies and specifications, Contractor will do its best effort to inform Leads of any specification by any means in order for Leads to contract with Partner with maximum information and to provide genuine leads through various filters, sources or verification tools.

Contractor shall refund (refund policy includes payments done by Leads to be refunded to Partner but also due amounts to Contractor even if not payed directly to Contractor by Leads) all non-genuine or invalid Leads such as technical error, wrong treatment request, fraud or spam enquiries. Leads not confirmed or declined after one day may be removed from Partner account. It is to be noted that Contractor does not take responsibility for any medical knowledge that might be required in order to judge the suitability of a Leads, or an enquiry as outside the area of Contractor expertise. Leads refund include obvious false or incorrect enquiries but also unsuitable or high risk Leads excluding consultation or medical services provided and paid by them. Leads refund usually exclude treatments not provided but offered by Partner for whatever reason unless it can be proved that Partner had a compelling reason not to provide them. If Leads do not attend appointments with Partner, refund will be provided only if Partner is able to prove they have done their best efforts to be sure Leads will attend them provided that Partner payment policy does not foresee a payment in advance. The non-verified data unless clearly are not eligible criteria for refund. Partner shall not waive or discount the Deductible or Co-insurance for the medical services rendered to Leads.

4. Fee Policy

There are no fees or subscription for free accounts unless upgraded to professional accounts (requiring specific due diligence and photo shooting). All sums due to Contractor shall be paid when first medical services have started to be performed by Partner, even though discounts are offered unless otherwise agreed. All sums due to Contractor are exclusive of VAT and all other applicable duties and taxes will be payable by Partner. A flat fee of fifteen percent will be due for Leads provided.

5. Duration and Termination of the Agreement

This Agreement shall commence on the date it is accepted by Contractor and shall continue in force until terminated in accordance with the terms of this Agreement. Contractor shall be entitled to terminate this Agreement at any time and without notice or penalty or charge. At any time, Partner can also terminate Partner account by sending an email to Contractor proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any termination of Partner account or this Agreement.

This Agreement shall be governed by and construed in accordance with the laws of Luxembourg and any proceedings shall be submitted to the jurisdiction of such courts. The United Nations Convention on Contracts for the International Sale of Goods shall not apply. The language of any dispute resolution procedure or any proceedings under this Agreement will be French and French translation shall prevail for any Contractor content or Policies. Each of the provisions of this Agreement is separate and severable and enforceable accordingly and if at any time any provision is judged by any court of competent jurisdiction to be void or unenforceable the validity legality and enforceability of the remaining provisions shall not in any way be affected or impaired. Any specific conditions shall be agreed in a separate specific conditions agreement to be displayed in the Contractor Partner online account or signed in addition. Should Partner wishes only electronic contractual relationship, these online provisions and or specific conditions to be displayed in Partner account shall suffice without the necessity of scanned signatures.

Any notice or other communications in relation to this Agreement and related services shall be exclusively provided by e-mail to the latest address.