PARTNERSHIP TERMS AND CONDITIONS FOR THE USE OF MEDIGO’S SERVICES
Latest Update: July 15, 2020
Welcome to the service order form of MEDIGO GmbH, Brunnenstraße 196, 10119 Berlin, Germany (“MEDIGO”) and thank you for your interest in MEDIGO services (“Services”).
By using MEDIGO’s Services, you as the user (“User”) are agreeing to these General Terms and Conditions (the “Terms”) and thereby concluding a contract (“Contract”) for the provision of MEDIGO’s Services in accordance with these 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 company whose purpose is to provide medical support services to the end users (“Users”) based on bilateral agreements with Partners (“Partners”). MEDIGO provides the following services:
1.1.1 Medical Second Opinion (“Second Opinion”). By providing Second Opinion MEDIGO provides access to remote, written reports from leading physicians from the MEDIGO partner network (“Experts”) and medical service providers, including, inter alia, hospitals and clinics (“Service Providers”).
1.1.2 Medical Concierge Service (“Medical Concierge Service”). By providing Medical Concierge Service MEDIGO provides various services that help User organize a medical treatment, including but not limited to provision of treatment quotes from multiple Service Providers, treatment scheduling, support organizing travel arrangements, medical record translation, on-site medical interpreter, organization of visa, telephone support throughout the period of treatment.
1.1.3 Nurse Support Service (“Nurse Support Service”). MEDIGO partners with a sub-contractor to provide this Service to the User. The Nurse Support Service includes conversations with a certified nurse over the phone about health, wellbeing or concerns related to an illness of the User.
- Conclusion of Contract
2.2 The use of MEDIGO’s Services requires the User to provide medical data in order for MEDIGO, Experts or Service Providers to be able to assist the User with the Services requested. The medical information required to be provided depends on the Services that User is requesting.
2.3 With the submission of the online inquiry form, the User submits a binding offer to MEDIGO for the conclusion of a contract concerning the requested Service.
2.4 The User may request to remove their submitted personal and specific personal data from MEDIGO databases at any time by sending an email to firstname.lastname@example.org. In compliance with the Privacy Policies, MEDIGO will delete or block the personal data and specific personal data of the User as soon as the User has requested to do so. However, for the purpose of being able to trace and document the history of inquiries of the User or Providers in the event of any legal disputes related to Providers, MEDIGO will keep the first and the last name of the User and his or her email address. MEDIGO will not use this data for any other than the aforementioned reason, in particular not for any promotional purposes, after such a request from the User.
2.5 Any User who is a consumer shall be entitled to withdraw from the Contract in accordance with Section 11.
- Second Medical Opinion service
3.1 The Second Medical Opinion is an assessment of the current and past symptoms, health and illness history, diagnosis and treatment plan recommended by the physician on the basis of the client’s electronic medical records and is drawn up personally by a doctor from the MEDIGO Partner network (“Expert”).
Depending on the written questions the User has indicated for the Expert, the Second Medical Opinion may include: (i) verification of the diagnosis made to the User by the doctor or doctors (if it was made); (ii) verification of the treatment plan recommended to the User by the doctor or doctors (if it was recommended); (iii) analysis and assessment of the User’s health condition on the basis of the results of tests and information received; (iv) proposal of an optimal treatment plan. Furthermore, each Second Medical Opinion contains information about the Expert from the MEDIGO Partner network delivering the Second Medical Opinion;
3.2 The MEDIGO Partner network consists of leading doctors (‘Experts’) from around the world.
3.3 The Second Medical Opinion is a document in English in pdf format.
3.4 The purpose of the service provided by MEDIGO’s Second Opinion is to give the User access to additional information and medical evaluation via Experts in MEDIGO’s network of Service 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, ophthalmology, and gynecology. In the case that MEDIGO does not have the right specialist in the Service Provider’s network, the User agrees that MEDIGO contact third parties outside of MEDIGO’s network of Service Providers.
3.5 The Second Medical Opinion service does not replace primary and specialised medical care. It is mandatory that the User visits his/her local doctor before using the Second Medical Opinion service. The information provided by MEDIGO, including information obtained from Experts, Service Providers and other third parties cannot replace a medical consultation and examination. The information should not be used to make an independent decision about starting or stopping treatment. The Service does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level or qualification of any Service Provider or Expert.
3.6 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.
3.7 Upon the reception 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 match the User’s Medical Case file with Experts in MEDIGO’s network of Service Providers, according to the specialty which the User’s diagnosis falls under. The User can choose which physician will provide the User with a second opinion report from up to 3 Doctors shortlisted by MEDIGO. MEDIGO will then collect the complete medical records in accordance to the Expert’s needs to provide a Second Opinion. MEDIGO will confirm the User via email once the full Medical Case file is ready to be sent and will forward the information to the Expert chosen by the User. The User will receive a Second Opinion report via email with the Expert’s opinion on the User’s condition(s).
3.8 By requesting the Second Medical Opinion service through provided inquiry forms, the User authorizes MEDIGO to collect the User’s medical records, store those records, and transmit them to the Expert of Experts 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.
3.9 The information provided to MEDIGO including the information provided by the Service Providers, Experts 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.
- Medical Concierge Service
4.1 The MEDIGO Medical Concierge is a Service that encompasses navigation and a treatment sourcing solution for Users who wish to receive support finding and booking their medical treatments. The core components of the Service are:
- Review of the User’s medical treatment requirements and supporting medical documentation and second medical opinion where required;
- Interview of the User to determine the required treatment options, preferred location of treatment;
- Search and presentation of up to three quotations for treatment;
- Booking of the treatment with the chosen Service Provider);
- Support with travel booking where required;
- Support with application for visas where required;
- Support with booking of interpreters where required;
- Support with booking of ground support if required in another country; and
- Telephone support throughout the period of treatment.
The User is liable for all payments for treatment and associated travel and logistics costs and other externally provided Services.
4.2 Users can request the Medical Concierge Service via an online inquiry form. Response times to the web portal inquiries are during the working hours throughout the year except public holidays.
4.3 By requesting the Medical Concierge service through provided inquiry forms, the User authorizes MEDIGO to collect the User’s medical records, store those records, and transmit them to the physician or physicians appropriate for the User’s case. The User shall also provide MEDIGO current and accurate identification, contact and other information to verify User’s identity and eligibility.
4.4 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, budget, etc. Thus, the User will not be allocated to any Provider but will instead be provided with a list of Service Providers of which the User can choose one.
4.5 MEDIGO discloses details and information on Service Providers based on data, either provided by the Service 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 Service Providers or non-delivery of information by the Service Providers. The Service does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level or qualification of any Service Provider.
4.6 Should the User and the Service Provider decide to conclude a contract, MEDIGO is not involved in the contractual relationship between the User and the Service 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 Service Provider (or another third party) and the User.
4.7 Medical Concierge is not a medical service itself. Hence the service provided by MEDIGO in the context of Medical Concierge Service 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.
4.8 If as part of the Medical Concierge Service the User requires MEDIGO to book any Travel Services, such as flights, accommodation, etc. the prices of such Travel Services will be communicated to the User by email. If a User chooses to purchase these Travel Services MEDIGO will 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.
4.9 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.
- Nurse Support Service
5.1 The MEDIGO Nurse Support Service includes conversations with a certified nurse over the phone about health, wellbeing or concerns related to a confirmed diagnosis of an illness of the User. The nurse provides a wide range of clinical experience and can support the User with any critical illness related health or wellbeing query or concern, typically but not limited to:
- Talking through the diagnosis;
- Preparing patients for consultations with the right questions to ask;
- De-briefing patients following consultations;
- Providing support about test results and what they mean;
- Guidance on general health and wellbeing to support the treatment journey;
- A point of call when a patient is struggling to get a GP appointment and providing support;
- Helping to book appointments following referral; and
- Practical support in sourcing medical equipment or accessories to aid recovery or to help the patient cope with their condition.
5.2 MEDIGO partners with HPD Health Solutions Ltd ((trading as: CP Nursing), with company number 12545489, and registered office at 71-75 Shelton Street, Covent Garden, London, England, WC2H 9JQ) to provide the User with this Service.
5.4 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.
5.5 By requesting the Nurse Support Service through provided inquiry forms, the User authorises MEDIGO to store their identification and contact information, and transmit it to subcontractor HPD Health Solutions Ltd in order to provide the requested Service.
- User’s Obligations
6.1 The services of MEDIGO are available to individuals who are 18 years or older. The User is entitled to use 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 afore-mentioned third person. By using MEDIGO Services on behalf of an adult third party, the User confirms that he or she has the third party’s consent to obtain the Service on his or her behalf and to transfer medical records to MEDIGO.
6.2 The User shall only provide true and up to date information to MEDIGO, Providers or other third persons on MEDIGO’s forms or in connection with Services rendered by MEDIGO.
6.3 If a claim is made by a third person against MEDIGO due to a culpable violation of User’s obligation pursuant to Sections 7.1 or 7.2, 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
7.1 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.
7.2 MEDIGO is only liable in the event of a deliberate act or gross negligence.
- No Liability for Services of Third Persons
8.1 MEDIGO accepts no liability for the correctness, completion and up-to-dateness of any information provided by Service Providers, Experts or any other third parties. 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 and marketing materials. 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.
- Data Protection
9.1 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.
9.2 The User may MEDIGO’s service only for non-commercial, personal purposes.
9.3 All content provided by MEDIGO is protected by copyright and intellectual property rights and partially originated from third parties. All intellectual property rights (including text, graphics, software, photographs and other images, videos, sound, trademarks and logos) are owned either by MEDIGO, the Service 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 MEDIGO content are only allowed for private and non-commercial use.
9.4 MEDIGO is entitled to use the information, inquiries and communications (e.g. to and with Service Providers) provided by the User or contributions made by the User 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
10.1 Only MEDIGO’s Terms shall apply regarding the use of MEDIGO’s Services by the User. The User’s general terms and conditions or similar regulations are herewith expressly rejected.
10.2 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.
10.3 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 webpage. 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.
10.4 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.
10.5 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.
10.6 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.
10.7 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
11.1 The User may withdraw from the Contract and cancel Services within a fourteen (14) days period after conclusion of the Contract (completing an online Service inquiry form), provided that the provision of Services has not already been started by the Expert, Service Provider or MEDIGO. The User can do so without stating any reason by express declaration (e.g. letter, email). The consumer may use the “Standard Form Right of Withdrawal”. However, the use of the form is not mandatory.
Dispatch within this period shall be sufficient to meet the deadline and shall be addressed to:
Address: MEDIGO GmbH, Rosenthaler Str. 13, 10119 Berlin, Germany
Phone: +49 40 401 198918
Fax: +1 559 821-1175
11.2 When the User wishes to withdraw from Services provided by an external supplier, the terms of that external supplier shall apply.