123.Clinic General Terms & Conditions
These Terms constitute the entire agreement between you and 123.Clinic regarding the use of the Service or the Site, and supersedes any prior agreements between you and 123.Clinic relating to your use of the Service or Site. The failure of 123.Clinic to exercise or enforce any right or provision of these Terms or any prior version of these Terms shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms is held invalid, the remainder of these Terms shall continue in full force and effect. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Service (including all individual medical practitioners, hospitals, Clinics and physicians) are referred to as "Providers" and/or "Clinics"). It gives you the opportunity to search for, find and contact medical services provided by Providers across the world.
123.Clinic reserves the right to make changes to the Site, Service, Terms and other policies. If 123.Clinic makes material changes to these Terms or other policies, then 123.Clinic may either notify you by email or by posting a notice on the Site prior to the effective date of the changes. These Terms are effective upon acceptance by new users. For current users, these Terms are effective as of the date of the update date of the Terms and supersede all previous versions of 123.Clinic’s Terms. If any condition shall be deemed invalid, void or for any reason unenforceable, then that condition shall be deemed severable and shall not affect the validity of the remaining condition. Your continued use of the Service and the Site after any such changes are posted constitutes your acceptance of the new Terms. If you do not agree to abide by these or any future Terms, you may not use or access the Service or the Site.
We may change the Service, the Site or delete features at any time and for any reason with prior notice. We are not obligated to provide maintenance, technical support or updates to you for the Service or Site, but we may provide these in our discretion. We may cancel or suspend your Service at any time. Our cancellation or suspension may be without cause and/or without notice. You may cancel the Service at any time, with or without cause, upon notice to us as specified in the customer support. Upon Service cancellation, your right to use the Service stops right away. Once the Service is cancelled or suspended, any data you have stored on the Service may not be retrieved later. In addition, if you stop the Service or terminate your Service account, 123.Clinic may continue to show some or all of your submissions. In case of interpretation issues, the English language shall prevail.
1. Use of the Website or Service.
You may use the Service only to post reviews based on your personal experiences and to communicate with doctors or clinics about questions on any treatment, personal care, beauty, and wellness. Except to the extent you are otherwise directly authorized by 123.Clinic, you may use the Service only for personal, non-commercial uses, and may not use the Service to advertise or promote a product, service, procedure, business, health care professional, or other person.
If you breach these Terms and use the Service for advertising, promotion, or other commercial or non-personal uses (including any of the prohibited examples above), you acknowledge that you will have caused substantial harm to 123.Clinic, but that the amount of such harm would be very difficult to determine. As a reasonable estimation of such harm, you agree to pay 123.Clinic three hundred euros for each such prohibited review, question, answer or other content you post or submit on or through the Service. This will not be construed to prohibit you from posting content as an individual in a response to content posted by another user about your business; provided, that you have provided true and accurate registration information to 123.Clinic about yourself, you have clearly explained in your response that you are making a statement on behalf of the business, your response is limited solely to providing factual information/explanations to refute any statements or allegations in the posted content about your business, and your response does not otherwise attempt to promote your business as determined in 123.Clinic’s sole discretion.
In addition you may not : use the Service or register as a member of 123.Clinic if you are under 18 or if you are legally entitled to form such contract under law in the jurisdiction in which you reside ; use the Service in any way or for any purpose that harms or endangers us or our affiliates, resellers, distributors, service providers and/or suppliers (collectively, the “123.Clinic Parties”), or any customer of a 123.Clinic Party;Use the Service to exploit, solicit or harm minors;post or submit any content that is racist, sexist, inflammatory, defamatory, hateful, harassing, threatening, abusive, profane, obscene, vulgar or sexually explicit, false, misleading, fraudulent, invasive of another’s privacy or publicity rights, infringing of another’s intellectual property rights, contains any trade secrets or other confidential information, or otherwise offensive or objectionable; promote, encourage or glorify violence, self-harm, suicide, anorexia, bulimia, or any other practice that is unhealthy or harmful;post your name, email address(es) or telephone number(s), URL(s) or any other confidential or personally identifiable information for you or any other person; provide or purport to provide medical advice, prescription, diagnosis, or treatment recommendations;register for multiple accounts or use the account of another person; impersonate or pretend to be any person other than yourself;use the service to attempt to solicit business or direct website visitors to a non-123.Clinic site for commercial purposes; use the Service for any purposes for which the Service is not intended. You agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Service.
2. Website content
When rendering the Service, the information that 123.Clinic discloses is based on the information provided by the Providers. Although 123.Clinic uses reasonable skill and care in performing the Services it will not verify if, and cannot guarantee that, all information provided by the Providers is accurate, complete or correct, nor can 123.Clinic be held responsible for any errors (including manifest and typographical errors), inaccurate, misleading or untrue information provided by the Providers or non-delivery of information by the Providers. Each Provider remains responsible at all times for the accuracy, completeness, correctness and updating of the information displayed on 123.Clinic’s website. The website does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level or qualification of any Provider. 123.Clinic channels and thereby facilitates the communication between the User and the Provider. In particular, 123.Clinic provides different forms the User may use in order to enquire about the Provider’s medical services. Should the User and the Provider decide to conclude a contract directly or indirectly through amongst others estimates, consultation, advising or procedures, 123.Clinic is not involved in the contractual relationship between the User and the Provider and also in no way influences the conclusion or the content of the contract. 123.Clinic does not assume any rights, obligations or liabilities vis-a-vis the User out of a contract concluded between a Provider (or another third party) and the User.With the placement of the order, the User does submit a binding offer to 123.Clinic for the conclusion of a contract concerning the requested Service. The User will then receive an automatic confirmation email regarding the receipt of the electronic order which does not, however, constitute the binding acceptance of the order.
Other than as expressly set out in these Terms or additional terms, 123.Clinic does not make any promises or quality declarations about the Services rendered by it and does not grant any guarantees regarding those Services.
Unless stated otherwise 123.Clinic is only liable in the event of a deliberate act or gross negligence. With regards to claims arising from injury to life, body or health, 123.Clinic is also liable for mere negligence. 123.Clinic is bound in all its services by an obligation of mean.123.Clinic is also liable for simple negligence if a material contractual duty has been breached. Such a material duty, which endangers the performance of the purpose of a contract, is involved if the orderly execution of the contract is only possible by fulfilling the respective duty and if the User may routinely trust that those duties will be fulfilled. The User’s claim for damages in the event of a breach of material duties on the basis of mere negligence is, however, limited to damages that are foreseeable and typical for this type of contract. These non liabilities clauses apply to 123.Clinic Team, representatives, shareholders and agents.123.Clinic accepts no liability for the correctness, completion and up-to-dateness of any information provided by Providers or any other third parties on 123.Clinic’s website. As a service Provider, 123.Clinic is only responsible for its own content that is held for use on 123.Clinic’s website. 123.Clinic is not obligated to monitor transferred or stored external information or check said information for circumstances that point to unlawful activity. 123.Clinic’s website contains cross references (so-called links) to websites belonging to third parties (e.g. Providers, travel agencies or certification bodies) over the content of which 123.Clinic has no influence. The relevant owner or operator of the websites alone is responsible for the content of linked sites. 123.Clinic does not assume any liability for this external content.
3. No Medical Advice.
The content, (which includes any text, graphics images or other material contained, accessed or entered on the Site (“Content”)), on this Site is for educational/informational purposes only, and is not a substitute for medical advice, diagnosis or treatment provided by a qualified health care professional. Any communication between you and health care professionals on the Site or through the Service is for general informational purposes only and does not create nor is it intended to create a physician-patient relationship as defined by federal and state law. Your reliance on any information or Content provided on the Site, whether or not it is provided by a health care professional, is solely at your own risk, knowing that each body, situation are different. You should always seek the advice of your physician or health care professional for any questions you may have about your own medical condition.
123.Clinic is not involved in the provision of any healthcare or medical advice or diagnosis. all information provided on the website is intended as a guide only and should not be construed as a substitute for professional medical advice, 123.Clinic connects clients to Providers. Site is an information service only where healthcare providers can offer medical services for purchase by you via the Site. We do not screen or validate any content posted by Providers, nor do we endorse any particular providers. If you decide to engage a Providers to provide medical services to you, you do so at your own risk. We would recommend that you undertake your own research into any healthcare provider listed on the website and that you should consult with your doctor or primary healthcare provider before engaging any healthcare provider from this website, knowing that each body is different and each situation is different. You should be aware that the results of any search you perform on the site for healthcare providers Should not be construed as endorsement by 123. clinic of any particular Providers or constituting any comparative ranking of Providers. All prices shown on the site are indicative only and presented as a general guide.
4. Your Online Patient Account
In order to use some of the features on the Site, you are required to register and provide information about yourself to us and create a service account (“Service Account”) including various documentation such as medical files, to be transmitted to doctors and Clinics.Your hereby agree that you fully agree to such service and further transfer to doctors and Clinics only It is your responsibility to maintain the confidentiality of your account information, including your Service Account password. In addition, you are responsible for all activities that occur in connection with your Service Account. You must immediately inform 123.Clinic about anyone using your Service Account without your consent, or any security breach that relates to the Service or your Service Account. You agree to provide 123.Clinic accurate, current and complete information about yourself as may be prompted in any registration forms on the Service and promptly update any such information to keep it accurate, current and complete. 123.Clinic reserves the right to refuse the Service to anyone, including terminating your Service Account and/or preventing you from accessing the Service or your Service Account, with or without cause, at any time without prior notice and in its sole discretion.
By using the Site or Service, you consent to receive emails from 123.Clinic, which may include commercial emails provided such emails are in accordance with the preferences you select in the email and notifications page of the My Profile section of the Site. You may change such preferences by changing your account settings on the email and notifications page of the My Account section of the Site or via the unsubscribe link in all commercial emails. Please note that as long as you maintain an account, you may not "opt out" of receiving service or account-related emails from 123.Clinic.
Although 123.Clinic endeavours to ensure the Website is available at all times, there may be occasions when access to the Website may be interrupted, e.g. to allow maintenance, upgrades and emergency repairs to take place, or due to failure of telecommunications links and equipment that are beyond our control. You agree that 123.Clinic shall not be liable to you for any loss incurred by you resulting from the modification, suspension or discontinuance of the Site.
You may also request information directly from a specific health care professional by submitting an inquiry through their profile or inquiry form. You understand these requests, including personally identifiable information, are made voluntarily and are subject to these Terms There is no guarantee that a health care professional will respond to any request submitted through their profile.
123.Clinic does not endorse or recommend any specific content, procedures, products, opinions, health care professionals (including, but not limited to doctors and Clinics) or any other material or information available on the Site or through the Service. In addition, the health care professionals and specialists featured on the Site are not employees or independent contractors of 123.Clinic.
You may notify us by e-mail or postal mail. Your notices to us must be addressed as stated in the contact@123.Clinic or any relevant address provided by us upon request. This contract is in electronic form. There may be other information regarding the Service that the law requires us to send you. You agree that we may send you this information in electronic form. You have the right to withdraw this consent, but if you do, we may cancel your ability to use the Service. We may provide required information to you (1) via e-mail at the e-mail address you specified when you signed up for the Service (or subsequently provided when updating your account information), (2) by access to a 123.Clinic web site that will be designated in an e-mail notice sent to you at the time the information is available, or (3) by access to a 123.Clinic web site that will be generally designated in advance for this purpose. Notices provided to you via e-mail will be deemed given and received on the transmission date of the e-mail. As long as you access and use the Service, you will have the necessary software and hardware to receive these notices. If you do not consent to receive any notices electronically, you must stop using the Service.
The services of 123.Clinic are available to individuals who are 18 years or older. The User is entitled of using 123.Clinic’s Services on behalf of a third person below the age of 18, and shall inform 123.Clinic of any activity performed on behalf of the afford-mentioned third person. The User is obligated to protect his or her login data (user name, password) carefully and against unauthorized access by third persons. The User alone is responsible for all activities on or through his or her account. The User shall inform 123.Clinic immediately if he or she has knowledge of an unauthorized use of his or her account or of any other security risk. The User shall only provide true and up to date information to 123.Clinic, Providers or other third persons on this website or in connection with Services rendered by 123.Clinic.
In the event of a violation of User’s obligation 123.clinic is entitled to delete the respective information and while taking into account the relevant User’s legitimate interests - to block the User’s account temporarily or permanently. If a claim is made by a third person against 123.Clinic due to a culpable violation of User’s obligation pursuant to Sections 8.2 or 9.1, the User is obligated, to indemnify 123.Clinic against third parties'’ claims as well as against costs which may be incurred by 123.Clinic as a result of an appropriate legal defence (e.g. court and lawyers’ fees). The right to claim further damage compensation remains unaffected.
5. 123.Clinic’S INTELLECTUAL PROPERTY RIGHTS.
123.Clinic grants you a limited, personal, recovable, nonassignable and nonexclusive license to use the Site and Service. 123.Clinic owns the text, photographs, videos, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software and all other elements and components of the Site and Service (“123.Clinic Content”), excluding your content. 123.Clinic owns the copyrights, trademarks, service marks, trade names and other intellectual property and proprietary rights throughout the world associated with the 123.Clinic Content and the Service which are protected by copyright and or trademark laws and all other applicable intellectual and proprietary rights and laws. You may not modify, reproduce, republish, frame, download, transmit, distribute, rent, lease, loan, sell, assign, license, sublicense, reverse engineer, publicly display or create derivative works based on the Service, any of 123.Clinic’s Content in whole or in part, or 123.Clinic’s Site except as expressly authorized in writing by 123.Clinic. In addition, 123.Clinic does not grant any express or implied rights, and all rights in and to Site, the Service and 123.Clinic’s Content, are retained by 123.Clinic.
6. Liability limitation
To the extent permitted by law, in no event will the 123.clinic parties be liable to you or to any third party for any indirect, consequential, special, incidental, exemplary, or punitive damages even if any of the 123.clinic parties have been advised of the possibility of such damages. Notwithstanding anything in these Terms, the aggregate liability of the 123.clinic parties to you in connection with the Service (including any third party content on the service) and these Terms will be limited to the amount, if any, paid by you to 123.clinic for the service.
In no event shall 123.Clinic nor any of its officers, directors, employees, affiliates or other representatives be liable for any damages whatsoever resulting from the statements or conduct of any Clinic and/or Provider or third party or the interruption, suspension or termination of the website services, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent.Without limiting the foregoing, under no circumstances shall 123.Clinic nor any of its officers, directors, employees, affiliates or other representatives be held liable for any delay or failure in performance of the website or the website services resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including, without limitation, internet failure, computer equipment failures, telecommunication failures, other equipment failures, electrical power failures, strikes, lay-way disputes, riots, interactions, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of god, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
7. Payment and Cancellation
Although we strongly advice to arrange for payment in advance, provide a physician certificate stating that you are eligible to travel, envisage appointment re-schedule in case of cancellation, the cancellation and payment policy will vary from one heathcare provider to another therefore it will rely on their policies and any specific conditions agreed between you and 123.Clinic.
When making an appointment with one of the Providers, the User will be asked to provide his or her credit card details or wire transferthrough a third-party payment provider. However, 123.Clinic will only authorize the third-party payment provider commissioned for the handling of payments to collect the respective amount from the credit card account the User identified in his or her purchase order, if a cancellation fee payable to 123.Clinic applies or a deposit is required with regard to the respective treatment.
You agree to indemnify and hold harmless the 123.Clinic Parties from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any content you post or submit to or through the Service, your use of the Service, your conduct in connection with the Service or with other users of the Service, and any violation of this contract or any other 123.Clinic Policy or contract or of any law or the rights of any third party.
You are responsible for complying with all of your local laws. These Terms, the Site and the Service are governed by Luxembourg law, excluding any conflicts of law provisions. Accessing, browsing or otherwise using the Service or the Site means you hereby consent to the exclusive jurisdiction of Luxembourg, the City of Luxembourg. The language of any dispute resolution procedure or any proceedings under these general terms and conditions and any other 123.Clinic Policy will be French.
Latest upate 11 October 2017.