GENERAL TERMS AND CONDITIONS FOR THE USE OF MEDIGO’S WEBSITE
Latest Update: May 25th, 2018 Welcome to the website of MEDIGO GmbH, Rosenthaler Straße 13, 10119 Berlin, Germany (“MEDIGO”), and thank you for using MEDIGO’s services (“Services”). By using MEDIGO’s Services, you as the user (“User”) are agreeing to these General Terms and Conditions (the “Terms”). Please read them carefully. Some of our Services are subject to additional terms. Additional terms will be available with the relevant Services and those additional terms become part of your agreement with MEDIGO if you use those Services.
- Scope of MEDIGO’s Services
1.1 MEDIGO is a service platform which purpose is the provision of a marketplace for medical service providers including but not limited to hospitals and clinics (“Providers”) 1.2 MEDIGO provides additional services to the User, each at an individual cost, including but not limited to case management, transfers, medical record translation, on-site medical interpreter, remote second opinion, organization of visa and accommodation of companion. 1.3 MEDIGO does not refer the User or other patients to specific Providers but only provides information about Providers based on the User’s needs, i.e. time frame of availability, geographic area, medical needs, etc. Thus, the User will not be allocated to any Provider but will instead be provided with a list of Providers (including the name, address, specialization, etc.) of which the User can choose one and book an appointment with. 1.4 MEDIGO discloses details and information on Providers based on data, either provided by the Providers or collected and curated from online and offline information from a variety of sources. Although MEDIGO uses reasonable skill and care in performing the Services it will not verify if, and cannot guarantee that, all information provided is accurate, complete or correct, nor can MEDIGO 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. 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. 1.5 MEDIGO channels and thereby facilitates the communication between the User and Providers. In particular, MEDIGO 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, MEDIGO 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. MEDIGO 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. 1.6 MEDIGO does not provide medical services itself. The information provided on MEDIGO’s website including the information provided by the Providers and other third parties cannot replace a medical consultation or a medical examination and shall not be used to independently decide whether to commence or terminate a medical treatment.
- Conclusion of Contract
- Additional Services
3.1 MEDIGO also provides Additional Services that the User can purchase in order to streamline their medical trip organization. Each service has a different cost and will be informed by MEDIGO once the User selects these services from the Pricing section on the website. MEDIGO reserves the right to update the prices for Additional Services at its discretion and will display these prices in the general Pricing section of the Additional Services list. 3.2 The Additional Services may include but are not limited to the following:
- MEDIGO Personal Assistance package. This service of case facilitation includes:
- full case management with a dedicated Care Team member who will assist the User with their needs from inquiry to treatment to recovery,
- 24 hour response to the inquiry,
- possibility to compare prices through the provision of multiple personalized treatment plans
- priority appointment scheduling,
- secure payment due to MEDIGO acting as a guarantor for any deposits paid toward the costs of the User’s medical treatment.
- Airport-Hotel-Hospital Transfer. This service includes a car service and chauffeur to connect you to the airport, the hospital, and/or the hotel. The price listed is per trip. For more complex transportation needs, MEDIGO also offers discounted package rates which are available upon request.
- Visa Service. This service covers the provision of an invitation letter, which is often required in order to obtain a medical treatment visa. This fee does not cover any extra charges which will have to be payed directly to the embassy.
- On-Site Medical Interpreter. This service, paid on hourly basis includes an experienced medical interpreter who will accompany the User at the hospital and support the communication between medical staff and the User. This Service can be booked for minimum two hours. MEDIGO offers discounted rates for medical interpretation exceeding 8 hours.
- Logistical Assistance. This service provides support with finding and booking travel and accommodation at the destination of treatment. A MEDIGO Care Team representative will present the user with travel and/or accommodation options with their prices. MEDIGO does not provide the travel or accommodation services. The costs of the actual accommodation and/or flights are paid by the travelling User.
- Custom A-to-Z Concierge Package. All-inclusive service package, which includes flights and accommodation booking. The contents and price of the package will be discussed with the User and all conditions will be provided with booking the package.
- Remote Second Opinion. MEDIGO can organize a review of the User’s medical files by a specialist doctor with the purpose of getting a second opinion regarding the current medical diagnosis of the User. The outcome of a second opinion service is a report written by the selected specialist. MEDIGO Remote Second Opinion service includes facilitation of the process of identifying the specialist, the exchange of the medical files and the transfer of the final report to the User.
3.3 The prices of the Additional Services are listed under the Pricing section through the following links: “Our Services” > “Pricing”. Should the User choose to purchase those Additional Services, the following provisions apply: MEDIGO will either (a) Purchase the respective Travel Service(s) on behalf of the User directly from the provider of the Travel Services or an intermediary (“Travel Service Provider”); this option requires advance payments by the User to MEDIGO which MEDIGO will use to pay the Travel Service Provider; or (b) Send the User a link enabling him or her to purchase the respective Travel Service(s) directly from the Travel Service Provider him- or herself at User’s cost. 3.4 MEDIGO will not provide the respective Travel Services itself but only assists the User in booking the respective Travel Services carried out by the Travel Service Provider. Thus, the respective agreement will only be concluded between the User and the Travel Service Provider and any declarations, queries or claims regarding the Travel Service(s) should be addressed directly towards the Travel Service Provider. 3.5 By making a booking with a Travel Service Provider (either directly or through MEDIGO as User’s agent), the User accepts and agrees to the relevant terms and conditions of the Travel Service Provider (inter alia, the Travel Service Provider’s cancellation and refund policies). Should MEDIGO purchase the Travel Service(s) on behalf the User (Section (a)), the terms and conditions of the Travel Service Provider are made available by MEDIGO via the Terms & Conditions in the purchase page. Should the User wish to review, adjust or cancel the Travel Service once the booking is made, he or she should revert to MEDIGO at email@example.com and follow the instructions from there.
- Second Opinion
4.1 MEDIGO provides Second opinion services upon request submitted by the User. A second opinion is an evaluation of User’s current and past condition(s), medical history, diagnosis, and treatment plan by a medical specialist. It is not a substitute for primary care. The service provided through the portal varies by condition of the User. The User should have obtained primary care from a local medical professional before using MEDIGO Second Opinion. 4.2 The User agrees and accept that: (i) the diagnosis received is limited and provisional; (ii) the second opinion is not intended to replace a full medical evaluation or an in-person visit with a physician; (iii) the medical professionals providing services through this portal do not have important information that is usually obtained through a physical examination; and (iv) the absence of a physical examination may affect the medical professional’s ability to diagnose your condition, disease or injury. 4.3 The User can choose to see the second opinion physician in person upon their availability if the medical case cannot be judged remotely even by obtaining all the necessary medical records. 4.4 The purpose of the service provided by MEDIGO’s Second Opinion is to give the User access to additional information and medical evaluation via Doctors in MEDIGO’s network of Providers. A Second Opinion ranges to all major medical specialties in MEDIGO’s website, including but not limited to general surgery, cardiology, oncology, neurology, orthopedics, dentistry, ophthalmology, and gynecology. In the case that MEDIGO does not have the right specialist in the Provider’s network, the User agrees that MEDIGO contact third parties outside of MEDIGO’s network of Providers. 4.5 By requesting any service through the portal, the User authorizes MEDIGO to collect the User’s medical records, store those records, and transmit them to the physician or physician’s appropriate for the User’s case. The User agrees that the Second Opinion will not be used in any legal dispute including but not limited to litigation, arbitration, claim for disability benefits, claim for worker’s compensation and/or malpractice claims. The User can provide medical records on behalf of a third party, by prior notification to MEDIGO that (i) the third party is a family member of the User, (ii) the User has prior consent from the third party to represent him and (iii) the third party is not able to send a request via the portal by him/herself. 4.6 The information provided to MEDIGO including the information provided by the Providers and other third parties cannot replace a medical consultation or a medical examination. The information shall not be used to independently decide whether to commence or terminate a medical treatment. 4.7 The User shall provide MEDIGO current and accurate identification, contact and other information to verify User’s identity and eligibility. The User is responsible for maintaining the accuracy and completeness of this information, and certifies that the information provided is true and accurate. 4.8 The User agrees that MEDIGO may at any time review the User’s medical records from prior to and after your interaction with the portal, and any records created as a result of services received. MEDIGO may request additional medical records, including records pertaining to care the User received after receiving the services. MEDIGO may review these records to better understand the course of treatment for User’s condition(s) including information regarding outcomes and costs, and to improve treatments and recommendations. 4.9 Upon receipt of the complete and accurate documentation, MEDIGO will gather the User’s medical records and will create a Medical Case file. In accordance with the information provided, MEDIGO will then match the User’s Medical Case file with up to 3 different Doctors in MEDIGO’s network of Providers, based on the specialty which the User’s diagnosis falls under. The User is free to choose which Doctor will provide the User with a second opinion report. MEDIGO will confirm to the User, via email, once the full Medical Case file is ready to be sent and will forward the Medical Case File to the Doctor chosen by the User. Once the Doctor has reviewed the Medical Case File and completed the Second Opinion Report, MEDIGO will forward the Report to the User.
- Payments, Deposits and Down Payments
5.1 MEDIGO processes all payments made through its platform via a third party payment provider. 5.2 In order to secure a booking with a Provider or the time of a treating physician, MEDIGO may require the User to provide a Credit Card Deposit (“Deposit”) or a Down payment (“Down Payment”), on behalf of the selected Provider. MEDIGO will process the transaction and will hold it for the Provider in a non-interest-bearing trust account. 5.3 When making an appointment with one of the Providers, the User may be asked to provide his or her credit card for capturing a Deposit. However, MEDIGO 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) A cancellation fee payable to MEDIGO applies (Section 6) or (b) A deposit is required with regard to the respective treatment (Section 5.4). 5.4 Certain treatments or Providers may require a Down Payment to be made by the User. The respective amount and the cancellation policies will be displayed at the checkout page and in the confirmation email. 5.5 MEDIGO will communicate and charge the respective Down Payment amount to the User and keep the Down Payment in its non-interest-bearing trust account until: (a) Either the User cancels the treatment (Section 6), or (b) The Provider has requested the Down Payment from MEDIGO and the Provider has informed MEDIGO about the net amount of any prospective invoice issued to a User 5.6 The Down Payment will be refunded for good cause in full if: (a) A physician determines that the User is not eligible for the treatment (the User should provide MEDIGO up to two (2) weeks after cancellation, a physician’s certificate stating the User’s non-eligibility to treatment); (b) A physician determines that the User is not eligible for travel (the User should provide MEDIGO up to two (2) weeks after cancellation, a physician’s certificate stating the User’s non-eligibility to treatment); (c) In case of natural catastrophes such as earthquakes or wars or (d) In case of death (automatic cancellation). 5.7 If the User fails to cancel the appointment and none of the cancellation for good cause policies applies, MEDIGO will charge a cancellation fee from the respective Down Payment made by the User. The respective cancellation fee will be displayed at the checkout page and in the confirmation email.
- Cancellation Policy
6.1 The following cancellation clauses should apply, if the User decides to cancel giving no further explanation to MEDIGO: (i) The User may cancel the treatment free of charge at the latest 15 days prior to the appointment. (ii) Should the User cancel the treatment 8 to 14 days prior to the appointment, a cancellation fee of EUR 25.00 applies. (iii) Should the User cancel the treatment up to 7 days prior to the appointment or should the User not show up at the appointment, a cancellation fee of EUR 50.00 applies. 6.2 The User may cancel the treatment free of charge if: (i) A physician determines that the User is not eligible for the treatment (the User should provide MEDIGO up to two (2) weeks after cancellation, a physician’s certificate stating the User’s non-eligibility to treatment); (ii) A physician determines that the User is not eligible for travel (the User should provide MEDIGO up to two (2) weeks after cancellation a physician’s certificate stating the User’s non-eligibility to travel); (iii) In case of natural catastrophes such as earthquakes or wars; or (iv) In case of death (automatic cancellation). 6.3 The User may reschedule the treatment free of charge if: (i) The User may reschedule the appointment up to three (3) times and up to three (3) days prior to the appointment. (ii) Should the User reschedule the appointment later than three (3) days or should the User not show up at the appointment, the cancellation fee of EUR 50.00 applies. 6.4 The User may cancel the Additional Services up to 14 days after the purchase, as long as the Services have not been rendered by the Provider or the MEDIGO Care Team. When a User wishes to cancel Additional Services provided by a third party provider the Terms and Conditions of the third party provider apply. 6.5 If the User wishes to review, cancel or reschedule his or her appointment, the User should revert to the confirmation email and follow the instructions therein. Notes regarding the cancellation or rescheduling of an appointment should name the full name of the User, the respective Provider, the treatment as well as the date and the time of the treatment and should be submitted by email to: firstname.lastname@example.org 6.6 Any User who is a Consumer shall be entitled to withdraw from the contract in accordance with Section 12.
- Rating Systems
7.1 Certain types of forums are set-up on MEDIGO’s website enabling the User (i) to provide information in order to review the services of Providers and to exchange experiences and opinions with other users, (ii) to evaluate Providers by way of a rating system and (iii) to give recommendations to MEDIGO, other users or Providers (such forums the “Rating Systems”). These Rating Systems reflect personal perceptions, experiences and assessments of the Users. The User has no right to use or to the flawless functioning of the Rating Systems and MEDIGO may shut down the Rating Systems at any time or interrupt the service. 7.2 The User shall only rate services of Providers or other third persons that he or she has personally used. The User is prohibited from making any ratings in a user forum provided by MEDIGO, if they contain untrue facts, are defamatory or if they are not permitted by law (e.g. because they are of an abusive or disparaging nature). 7.3 In the event of a violation of User’s obligation pursuant to Section 8.2, MEDIGO is entitled to delete the respective ratings and – while taking into account the relevant User’s legitimate interests – to block the User’s account temporarily or permanently. 7.4 The User agrees to the long-term storage and publishing of his or her ratings made in the forums, irrespective of a termination of User’s registration with MEDIGO.
- User’s Obligations
8.1 The services of MEDIGO are available to individuals who are 18 years or older. The User is entitled of using MEDIGO’s Services on behalf of a third person below the age of 18, and shall inform MEDIGO of any activity performed on behalf of the afford-mentioned third person. 8.2 The User shall only provide true and up to date information to MEDIGO, Providers or other third persons on this website or in connection with Services rendered by MEDIGO. 8.3 In the event of a violation of User’s obligation pursuant to Section 9.2, MEDIGO 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. 8.4 Please refer to Section 8.2 with regard to User’s obligations in connection with the Rating Systems. 8.5 If a claim is made by a third person against MEDIGO due to a culpable violation of User’s obligation pursuant to Sections 8.2 or 9.1, the User is obligated, to indemnify MEDIGO against third parties' claims as well as against costs which may be incurred by MEDIGO as a result of an appropriate legal defence (e.g. court and lawyers’ fees). The right to claim further damage compensation remains unaffected.
- Liability of MEDIGO for own services
9.1 Other than as expressly set out in these Terms or additional terms, MEDIGO does not make any promises or quality declarations about the Services rendered by it and does not grant any guarantees regarding those Services. 9.2 Unless stated otherwise in Sections 10.3 and 10.4, MEDIGO is only liable in the event of a deliberate act or gross negligence. 9.3 With regard to claims arising from injury to life, body or health, MEDIGO is also liable for mere negligence. 9.4 MEDIGO is also liable for simple negligence if a material contractual duty (so-called Kardinalspflicht) 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. 9.5 Clauses to 9.4 shall also apply to MEDIGO’s legal representatives, employees or any other of MEDIGO’s agents.
- No Liability for Services of Third Persons
10.1 MEDIGO accepts no liability for the correctness, completion and up-to-dateness of any information provided by Providers or any other third parties on MEDIGO’s website. As a service Provider, MEDIGO is, according to § 7 para. 1 of the German Telemedia Act (Telemediengesetz, TMG), only responsible for its own content that is held for use on MEDIGO’s website. However, in accordance with § 7 para. 2 TMG, as a service provider in terms of § 8 through 10 TMG, MEDIGO is not obligated to monitor transferred or stored external information or check said information for circumstances that point to unlawful activity. Irrespective of this non-responsibility under the TMG, MEDIGO’s obligations to remove or block the use of information in accordance with other legal provisions shall remain unaffected. 10.2 MEDIGO’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 MEDIGO has no influence. The relevant owner or operator of the websites alone is responsible for the content of linked sites. MEDIGO does not assume any liability for this external content. The linked sites were cursorily checked by MEDIGO for possible violations of the law when they were first linked to; there was no obvious violation of the law of the content discernible at that time. However, MEDIGO does not constantly check the external content for changes which could form a new basis for a liability. Nonetheless, MEDIGO will remove a link to a third-party-website if it becomes apparent that the content of the linked website is unlawful and might result in any liability of MEDIGO.
- Data Protection
11.1 For the Services provided by MEDIGO, it is necessary to collect, process and use personal data and a special category of personal data within the meaning of the German Federal Data Protection Act (Bundesdatenschutzgesetz), which requires the prior consent of the User. Please refer to MEDIGO’s Privacy Policies explaining under which circumstances User’s data are collected, processed and used when using MEDIGO’s Services. 11.2 The User may use this website and the information on it only for the User’s non-commercial, personal purposes. 11.3 All content of MEDIGO’s website is protected by copyright and intellectual property rights and partially originated from third parties. All intellectual property rights in the website (including text, graphics, software, photographs and other images, videos, sound, trade marks and logos) are owned either by MEDIGO, the Providers or third parties. When using the Services, the User is not granted with any licenses of MEDIGO’s intellectual property rights with respect to Services rendered and information provided by MEDIGO. Any utilisation not permitted by the copyright law requires advance written approval from MEDIGO. Downloads and copies of content from MEDIGO’s website are only allowed for private and non-commercial use. 11.4 MEDIGO is entitled to use the information, inquiries and communications (e.g. to and with Providers) provided by the User or contributions made by the User in forums et cetera for MEDIGO’s business provided that this use shall comply with the applicable data protection regulations.
- Validity and Change of the Terms; applicable law; venue
12.1 Only MEDIGO’s Terms shall apply regarding the use of MEDIGO’s website and its Services by the User. The User’s general terms and conditions or similar regulations are herewith expressly rejected. 12.2 These Terms remain in force until they have been changed or terminated by MEDIGO. If the User does not consent with these Terms, he or she has immediately to cease the use of the Services and the User is obligated to terminate his or her user account 12.3 MEDIGO may modify these Terms or any additional terms that apply to specific Services rendered by MEDIGO. MEDIGO will make available a notice of modifications to the Terms on this website. MEDIGO will make available a notice of modified additional terms in the applicable Service. Changes will not apply retrospectively and will become effective not earlier than fourteen (14) days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If the User does not agree to the modified terms for a Service, he or she has to discontinue the use of that Service 12.4 If there is any inconsistency between the Terms and the additional terms valid for specific Services rendered by MEDIGO, the additional Terms will prevail to the extent of the inconsistency. 12.5 To the extent permitted by law, these Terms and any additional terms for specific Services rendered by MEDIGO and any disputes arising out or in connection with the respective terms shall be exclusively governed by the laws of Germany (without its choice of law provisions). The United Nations Convention on Contracts for the International Sale of Goods shall not apply. 12.6 Any dispute arising out of these Terms and the Services shall exclusively be submitted to the competent courts in Berlin, Germany. If the mandatory statutory law does not allow this choice of venue, all claims arising out of or relating to these Terms and any additional terms for specific Services rendered by MEDIGO as well as the Services shall be litigated by the courts pursuant to the statutory law. 12.7 If any provision of these Terms is or becomes invalid, unenforceable or non-binding, the User shall remain bound by all other provisions hereof. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and the User will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these terms and conditions
- Consumer’s right to withdraw from contract
13.1 Consumers are entitled to withdraw from the contract within a fourteen (14) days period without stating any reason by express declaration (e.g. letter, email). The period commences upon the conclusion of the contract. The consumer may use the “Standard Form Right of Withdrawal”. However, the use of the form is not mandatory. [The consumer may fill out and submit the “Standard Form Right of Withdrawal also electronically. In this case, MEDIGO will immediately confirm receipt of the withdrawal electronically (e.g. via email).] Dispatch within this period shall be sufficient to meet the deadline and shall be addressed to: Email: email@example.com Address: Medigo GmbH, Rosenthaler Str. 13, 10119 Berlin, Germany Phone: +49 322 1100 1674 Fax: +1 559 821-1175 13.2 In the event of effective withdrawal, MEDIGO will refund all payments received, including delivery charges (except for additional costs incurring from the consumer’s choice of a different delivery method than MEDIGO’s standard delivery method), immediately but not later than 14 days from the date MEDIGO received the consumer’s declaration of withdrawal. Return payments by MEDIGO will be credited to the credit card the consumer used when ordering the goods unless expressly agreed otherwise. Under no circumstances, MEDIGO will charge the customer any expenses for the refund. 13.3 The consumer owes a reasonable amount for services already provided within the meaning of § 357 para. 8 of the German Civil Code (Bürgerliches Gesetzbuch) if the services have been provided at the consumer’s specific request before he or she has made use of his or her right of withdrawal.
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