General Terms and Conditions for the use of Health Outsourced website
Welcome to the website of Health Outsourced, MEDITUREST LLC, Mircea cel Batrin 22/5 of.102, Chisinau, Moldova (“Health Outsourced”), please read all the information below carefully before using Health Outsourced’s services (“Services”).
By using Health Outsourced’s Services, you as the user (“User”) are agreeing to these General Terms and Conditions (the “Terms”).
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 Health Outsourced if you use those Services.
- 1. Scope of Health Outsourced’s Services
- 1.1. Health Outsourced is a service platform. Its purpose is the connection between patients and health care providers, including but not limited to hospitals and clinics (“Providers”).
- 1.2. Health Outsourced 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.<l/i>
- 1.3. When rendering the Services, the information that Health Outsourced discloses is based on the information provided by the Providers. Although Health Outsourced 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 Health Outsourced 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 Health Outsourced 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.
- 1.4. Health Outsourced channels and thereby facilitates the communication between the User and the Provider. In particular, Health Outsourced provides a form 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, Health Outsourced 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. Health Outsourced does not assume any rights, obligations or liabilities regarding the User out of a contract concluded between a Provider (or another third party) and the User.
- 1.5. Health Outsourced does not provide medical services itself. The information provided on Health Outsourced 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.
- 2. Conclusions of Contract
- 2.1. Health Outsourced will not use the User’s data for any other than the aforementioned reason, in particular not for any promotional purposes.
- 2.2. In addition to providing with listings of clinics worldwide to the User, Health Outsourced supports the User to search and undergo a treatment abroad. All support is completely free-of-charge.
- 3. Travel Services
- 3.1. Health Outsourced 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 Health Outsourced which Health Outsourced 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.
- 3.2. Health Outsourced 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.
- 3.3. By making a booking with a Travel Service Provider (either directly or through Health Outsourced 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 Health Outsourced purchase the Travel Service(s) on behalf the User (Section (a)), the terms and conditions of the Travel Service Provider are made available by Health Outsourced 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 Health Outsourced at [email protected] and follow the instructions from there.
- 4. Payments
- 4.1. When making an appointment with one of the Providers, the User will be asked to provide his or her credit card details through a third-party payment provider. However, Health Outsourced 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 Health Outsourced applies (Section 6) or
- (b) A deposit is required with regard to the respective treatment (Section 7).
- 5. Cancellation Policy
- (a) Cancellation of treatment
- (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 USD 50.00 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 USD 100.00 applies.
- (b) Cancellation for good cause
- (i) A physician determines that the User is not eligible for the treatment (the User should provide Health Outsourced 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 Health Outsourced 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 cancelation).
- (c) Rescheduling of Treatment
- (i) The User may reschedule the appointment up to five (5) times and up to five (5) 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 USD 100.00 applies.
- (d) Contact
- (e) Any User who is a Consumer shall be entitled to withdraw from the contract.
- 6. User’s Obligations
- 6.1. The services of Health Outsourced are available to individuals who are 18 years or older. The User is entitled of using Health Outsourced Services on behalf of a third person below the age of 18, and shall inform Health Outsourced of any activity performed on behalf of the afford-mentioned third person.
- 6.2. The User shall only provide true and up to date information to Health Outsourced, Providers or other third persons on this website or in connection with Services rendered by Health Outsourced.
- 7. Liability of Health Outsourced for own services
- 7.1. Other than as expressly set out in these Terms or additional terms, Health Outsourced 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. Unless stated otherwise, Health Outsourced is only liable in the event of a deliberate act or gross negligence.
- 7.3. With regard to claims arising from injury to life, body or health, Health Outsourced is also liable for mere negligence.
- 7.4. Health Outsourced 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.
- 7.5. Clauses to 10.4 shall also apply to Health Outsourced legal representatives, employees or any other of Health Outsourced agents.
- 8. No Liability for Services of Third Persons
- 8.1. Health Outsourced accepts no liability for the correctness, completion and up-to-dateness of any information provided by Providers or any other third parties on Health Outsourced website. As a service Provider, Health Outsourced is only responsible for its own content that is held for use on Health Outsourced website. However Health Outsourced is not obligated to monitor transferred or stored external information or check said information for circumstances that point to unlawful activity. Health Outsourced obligations to remove or block the use of information in accordance with other legal provisions shall remain unaffected.
- 8.2. Health Outsourced 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 Health Outsourced has no influence. The relevant owner or operator of the websites alone is responsible for the content of linked sites. Health Outsourced does not assume any liability for this external content. The linked sites were cursorily checked by Health Outsourced 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, Health Outsourced does not constantly check the external content for changes which could form a new basis for a liability. Nonetheless, Health Outsourced 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 Health Outsourced.
- 9. Data Protection
- 9.1. For the Services provided by Health Outsourced, it is necessary to collect, process and use personal data which requires the prior consent of the User. Please refer to Health Outsourced Privacy Policies explaining under which circumstances User’s data are collected, processed and used when using Health Outsourced Services.
- 9.2. The User may use this website and the information on it only for the User’s non-commercial, personal purposes.
- 9.3. All content of Health Outsourced website is protected by copyright and intellectual property rights. When using the Services, the User is not granted with any licenses of Health Outsourced intellectual property rights with respect to Services rendered and information provided by Health Outsourced. Any use not permitted by the copyright law requires advance written approval from Health Outsourced. Downloads and copies of content from Health Outsourced website are only allowed for private and non-commercial use.
- 9.4. Health Outsourced 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 Health Outsourced business provided that this use shall comply with the applicable data protection regulations.
- 10. Validity and Change of the Terms; applicable law;
- 10.1. Only Health Outsourced Terms shall apply regarding the use of Health Outsourced website and its 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 Health Outsourced. 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
- 10.3. Health Outsourced may modify these Terms or any additional terms that apply to specific Services rendered by Health Outsourced. Health Outsourced will make available a notice of modifications to the Terms on this website. Health Outsourced 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 Health Outsourced, 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 Health Outsourced and any disputes arising out or in connection with the respective terms shall be exclusively governed by the laws of Moldova (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 Chisinau, Moldova. 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 Health Outsourced 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.
- 11. Consumer’s right to withdraw from contract
- 11.1. 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.
Dispatch within this period shall be sufficient to meet the deadline and shall be addressed to:
- 11.2. In the event of effective withdrawal, Health Outsourced will refund all payments received, including delivery charges (except for additional costs incurring from the consumer’s choice of a different delivery method than Health Outsourced standard delivery method), immediately but not later than 14 days from the date Health Outsourced received the consumer’s declaration of withdrawal. Return payments by Health Outsourced will be credited to the credit card the consumer used when ordering the goods unless agreed otherwise. Under no circumstances, Health Outsourced will charge the customer any expenses for the refund.
Should the User choose to use the travel services offered by Health Outsourced the following provisions apply:
The User may cancel the treatment free of charge if
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: [email protected]
If a claim is made by a third person against Health Outsourced the User is obligated, to indemnify Health Outsourced against third parties’’ claims as well as against costs which may be incurred by Health Outsourced as a result of an appropriate legal defence (e.g. court and lawyers’ fees). The right to claim further damage compensation remains unaffected.
Email: [email protected]
Address: MEDITUREST LLC, Mircea cel Batran 22/5 of.102, Chisinau, Moldova or
Phone: (+373) 69986014.