Terms & Conditions of eHealth MediDate GmbH

MediDateTerms and Conditions of Use (I.) and Privacy Policy (II.) (as of December, 2015)

§ I. Terms of Use

MediDate, the trading name of eHealth MediDate Ltd. registered in the UK, Address: 2nd Floor, 1-2 Broadgate, London EC2M 2QS, Company no. 159029, “MediDate”, also referenced by “We”, “Our” and “Us” provides this Website (https://www.medidate.co.uk) (“Website”) to you, the user of this Website (“User”), subject to these terms and conditions of use. Please read these terms and conditions before using our Website.

 

This agreement applies as between you, and MediDate, the owner of this Website. The agreement to comply with and be bound by these terms and conditions is deemed to occur upon the user´s first use of this Website. If you do not agree to be bound by these terms and conditions, you should immediately stop using this Website.

 

MediDate explicitly points out that we neither conduct our own medical practitioner’s office / clinic, nor do we carry out medical treatments related to refractive-operative procedures and plastic surgery or other medical treatments on our own behalf. A treatment contract between a user and a hospital, clinic or medical practitioner (also referenced by “Partner”) is therefore only concluded if a user accepts the offered treatment and attaches further steps of a Partner. The content of this treatment contract is solely determined by the user and the Partner. If you have any questions about these terms and conditions, please contact us by email at support@medidate.co.uk

§ 1 Scope of business

MediDate is an Internet based platform that allows users to explore treatment options for eye operations in the UK and abroad and get an appointment for a preliminary examination from a Partner.

 

For this purpose, MediDate passes on requests from users for correcting optical ametropia with refractive surgical procedures (LASIK), and any other plastic surgery procedures to Partners.

 

By request of the user, a contract for an appointment for preliminary medical examination at the Partner’s medical institution is concluded between MediDate and the aforementioned user. We do not offer any medical services or procedures on our own, nor any services or health care in context of the Partner’s treatment. The medical and real responsibility on feasibility of the operation, the elucidation of the user and the information about alternative treatments are sole responsibility of the Partner.

 

A treatment contract between a user and a Partner is thereby concluded only when the user accepts an offer of a Partner for the treatment; nonetheless a mandatory duty of the Partner to treat the user is not given.

 

MediDate has no influence on the content and feasibility of such treatment contract or on the occurrence / non-occurrence of any contractual relationship between the user and the Partner; a treatment contract and mutual claims arise exclusively and solely between the user and the Partner.

 

The medical examination appointments arranged via MediDate, are carried out for the user without actual and / or economic obligation; no fees are charged.

 

For those users, who have not yet completed the 18th year of age by the intended date of treatment, the consent of the legal representative is required and has to be presented in an appropriate manner towards the Partner at the latest by the date of the preliminary medical examination.

 

All information on this Website is intended as a guide and should not be used as a basis for diagnosis, choice of treatment or choice of a Partner. It is intended that this information should enable users to conduct their own research into the Partners and their services. MediDate does not endorse, recommend, or approve any Partner listed on this Website.

§ 2 Recommendation and Prices

All information communicated to the user and/or published on this Website do not prompt to select a specific Partner and/or his services. MediDate strives to give professional advice to users through the Partners, but does not take responsibility for this in any way. In particular, no liability for the accuracy of the prices of the treatment offered by the Partners is taken. MediDate and the Partner have agreed upon the price of the service. However, we cannot guarantee the veracity of the declared prices. It is therefore the sole responsibility of the user to inform the Partner that the recommendation was granted via MediDate in order to fix the appropriate advantageous price for an operation with the Partner.

 

Meanwhile, the listed price does not guarantee a compulsory fixed price for the services of a Partner, but rather serves for better orientation to choose a Partner. The final price will be calculated and billed by the Partner, after a thorough preliminary medical examination and is based on individual, factual and medical criteria. There is no guarantee from MediDate for the correctness of the quoted prices even if medical indications exist (e.g. extreme ametropia, pre-existing conditions), which require a different method of treatment or the user wishes to change the procedure (differing formerly described treatment in the offer) or if the user wants another preferred date or expresses other additional or special requests.

 

The designated prices in the offer do not represent a binding offer of the Partner and/or MediDate. The final price of the operation is therefore binding with completion and signing of a treatment contract between the user and the Partner.

§ 3 Referrals

The user has the opportunity to evaluate the performance of MediDate and the Partners’ service to the best of his/her knowledge and belief. The assessment will be on the reliability and quality of the Partner’s performance and the subjective satisfaction with the services in particular. MediDate is entitled but not obliged to publish relevant reviews on our Website for all users or other users of the bid. MediDate reserves the right to remove ratings due to objectively comprehensively and legally compelling reasons.

 

The user agrees to refrain from any abusive behavior in connection with the delivery of a review. Aforementioned abusive behavior includes especially the delivery of insulting, discriminatory or evidently false reviews. In case of a culpable violation of this obligation by the user, the user indemnifies us from all third party claims on first demand and compensates any possible further costs and damages, but especially exonerates MediDate from the costs of an appropriate legal defense.

§ 4 Copyright and Intellectual Property

All content included on this Website, including text, graphics, logos, icons, images, domain names, data compilations, page layout, underlying code and software is the property of MediDate, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable copyright, intellectual property and other laws.

 

Any other use of the content on this Website, including but not limited to, any form of copying or reproduction, distribution, uploading, modification, or integration with other materials without the prior permission of MediDate is strictly prohibited.

 

Unless otherwise expressly indicated, all intellectual property rights including, but not limited to, copyright and trademarks, product images and descriptions belong to us, the Partners or may be applicable to third party´s intellectual property rights.

§ 5 Links to other sites

This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of MediDate or the control of our affiliates. We assume no responsibility for the content of such sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them and MediDate reserves the right to terminate a link to a third party site at any time.

§ 6 Links to this Website

Those wishing to place a link to this Website on other sites may do so without prior permission provided such a link does not portray MediDate in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable.

§ 7 Use of Website and Communications Facilities

When using this Website, enquiry form or any other system on this Website you should comply with the following rules:

  • You agree not to use this Website for any purpose that is unlawful or prohibited by theses Terms and Conditions;
  • You must not submit content that is unlawful or otherwise objectionable. This includes, but is not limited to, content that is abusive, threatening, harassing, defamatory, libellous, lewd, obscene, pornographic, invasive of privacy or publicity rights, ageist, sexist or racist;
  • You must not submit content that is intended to promote or incite violence;
  • You must not submit content that is intended to promote or incite violence;
  • You must not use obscene or vulgar language;
  • You must not submit unsolicited promotions, political campaigning, advertising or solicitations;
  • You must not submit viruses, corrupted data or other harmful, disruptive or destructive files to the Website;
  • It is advised that submissions are made using the English or German language as we may be unable to respond to enquiries submitted in any other languages;
  • You must not impersonate other people, particularly employees and representatives of MediDate or our affiliates;
  • You must not use this Website for unauthorised mass-communication such as “spam” or “junk mail” or transmit material to us which may cause harm to our computer systems or affects the operation of this website;
  • You acknowledge that MediDate reserves the right to monitor any and all communications made to us or using our system.

In order to use the enquiry form and any other communication facility that are installed on this Website, you are required to submit certain personal details. By continuing to use this Website you represent and warrant that any information you submit is accurate and truthful.

§ 8 Availability and access to the Web Site

MediDate aims to ensure the Website is available at all times but accepts no liability for any disruption or non-availability of the Website resulting from maintenance work or external causes including, but not limited to, Internet service provider equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

 

MediDate may at any time, without notice to you, suspend or terminate your access to this Website, or any service forming part of this Website, for any reason. This may include without limitation, breach of these Terms and Conditions, where you have provided false or misleading information, or if MediDate cannot verify the information submitted to the Website. MediDate is not liable to you or any third party for any suspension or termination of access to this Website.

§ 9 Privacy Policy

The use of this Website is also governed by our Privacy Policy (II.) which is incorporated into these Terms and Conditions by this reference. MediDate is committed to securing the privacy and confidentiality of the Website users. This Policy sets out how MediDate will treat the user´s personal information.

§ 10 Disclaimers

  • The information published on this Website is not a substitute for professional medical advice from a healthcare professional or general practitioner. All information on this website is intended for general guidance only and should not be used as a basis for diagnosis, choice of treatment or choice of medical practitioner. All information on this Website is provided in good faith without warranties of any kind.
  • MediDate has not checked the care standards registration requirements or the registration details of any medically qualified staff working within the Partners listed on this website.
  • MediDate advises users of the Website to satisfy themselves as to the exact services offered or qualifications held by the Partners appearing on this Website.
  • The service is provided “as is” and on an “as available” basis. MediDate does give no warranty that the service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility, and satisfactory quality. MediDate makes no warranty or representation that the Website will meet the user´s requirements, that it will be secure or that it will not infringe the rights of third parties. We make no guarantee of any specific results from the use of our services.
  • MediDate makes no representations, warranties or undertakings as to the accuracy of any information provided on this Website. No contractual obligation is or has been constituted between the user and MediDate in providing the information to users, and no duty of care is owed to the user.
  • We do not offer medical advice or diagnosis to our users. We do not endorse or recommend any Partner listed on this Website, nor are we obligated to screen or validate any content provided by them. If you decide to go ahead with a treatment from a Partner you do so at your own risk. MediDate does not accept any responsibility for the outcome of any medical or surgical treatment that a user may have after using our website.
  • MediDate is not an agent for the Partners on this Website and is unable to vouch for the advertising claims, professional qualifications or memberships made by the Partners.
  • Any prices shown on this Website are displayed as a general guide only and are subject to change without notice. The User´s individual healthcare needs can vary so we recommend the User to consult directly with a hospital, clinic or medical practitioner for an accurate appointment.
  • No part of this Website is intended to constitute advice and the content of this Website should not be relied upon when making any decisions or taking any action of any kind.
  • No part of this website is intended to constitute a contractual offer capable of acceptance.
  • Representations or recommendations, whether oral or written, made by officers of MediDate should not be relied upon.
  • Whilst every effort has been made to ensure that all graphical representations of descriptions of services available are accurate and correspond to the actual services on offer, MediDate is not responsible for any variations from these descriptions. Information that you view on our website may unknowingly be inaccurate, incomplete or misleading. MediDate accepts no liability or responsibility for keeping the information on this Website up to date.

§ 11 Limitation of liability

  • To the maximum extent permitted by law, MediDate and its directors and employees accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of this Website or any information contained therein. Users should be aware that they use the Website and its content at their own risk.
  • To the maximum extent permitted by law, MediDate and its directors and employees accept no liability or make any representations or warranties (express or implied) for the services, operations, or safety of Partners on this site. MediDate and its directors and employees are not liable for any negligence by a Partner or its employees. Users should be aware that by choosing a Partner for treatment they do so at their own risk.
  • Nothing in these Terms and Conditions excludes or restricts MediDate´s liability for death or personal injury resulting from any negligence or fraud on the part of MediDate.
  • Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions of law, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.

§ 12 No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

§ 13 Changes to Terms and Conditions

MediDate reserves the right to change the content and services of this Website including these Terms and Conditions as we may deem necessary from time to time or as may be required by law. Any changes or modifications will be effective immediately upon posting of the revisions on this Website and the user is deemed to have accepted the Terms and Conditions on his first use of the Website following the alterations. The user should check these Terms and conditions that apply to the use of the Website from time to time, and if he does not agree with any alterations he must stop using this Website.

 

MediDate may post rules, guidelines or policies throughout this Website. Upon the posting of such materials, they immediately become incorporated by reference into these Terms and conditions as if fully set forth herein.

 

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

§ 14 Law and Jurisdiction

These terms and conditions and the relationship between you and MediDate shall be governed by and construed in accordance with the Law of England and Wales and MediDate and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.