Effective Date: January, 2019
Thank you for using our website. By using our website, you are agreeing to these terms. Please read them carefully.
IMPORTANT NOTE: The company Medica-Help, UG (limited liability) is a company with restricted liability founded under German Law. Medica-Help, UG (limited liability), in the following referred to as Medica-Help and its website www.medica-help.com do not address emergency or life-threatening medical conditions. If this is an emergency, please call the local emergency number (example 122 or 123) immediately.
This agreement and the policies referred to herein contain the terms and conditions that apply to your use of the internet website and services that are offered through and all affiliated websites owned and operated or controlled by Medica-Help, UG.
The access and use of the website creates a binding and enforceable legal agreement between the website user and Medica-Help and thus implies that you accept and agree to the terms and conditions contained and are bound by in this agreement.
PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT GOVERNS YOUR USE OF THE WEBSITE AND THE USE OF THE SERVICES OF MEDICA-HELP. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT OR ANY REVISED VERSION OF THIS AGREEMENT, PLEASE DO NOT USE THIS WEBSITE.
Medica-Help is committed to respecting the privacy rights of our customers.
Personal Information Collected
In order to send the Second Opinion Request through our website, you need to provide us with information about your person. Please note that the sole purpose of receiving your information is to be able to provide you with our services and to forward your information to the doctor assigned to your case only.
The information includes contact data such as e-mail address and phone number as well as demographic data about your gender and your date of birth as well as other medical information such as your reason for contacting us and your medical questions.
Please note that in the first step you should only provide a minimum of medical information that allows us to forward your case to the right doctor. You should avoid to ask detailled questions and provide a detailled description of your case. You will have the possibility to place all your questions and give detailled explanation about your case to the doctor directly later. The first information will be received for evaluation to assign you to the right doctor.
Medica-Help will not save any medical data except the data necessary to forward to the right doctor.
Information Provided on Behalf of Children
Deletion of Data
Your data will only be saved until you have received the services you have requested and after the billing is process is completed. Afterwards your personal data will be deleted.
You have the right to withdraw your consent to the use of Online Medical Consultancy at any time and ask for your data to be deleted. However, this implies that we will not be able to provide you with our services anymore.
Electronic systems used will incorporate network and software security protocols to protect the confidentiality of patient identification and imaging data and will include measures to safeguard the data and to ensure its integrity against intentional or unintentional corruption.
In very rare instances, security protocols could fail, causing a breach of privacy of personal medical information.
The security of your personal information is important to us. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. For example, when you enter sensitive information on our website, we encrypt that information using secure socket layer technology (SSL).
Links to Other Websites
Links to third-party (parties other than you or us) websites or applications on our Website or provided by emails are provided solely for your convenience. Examples of these third-party website/application are the ones for online payment and online calls. Medica-Help has not reviewed all of these third-party websites and does not control and is not responsible for these websites or their content, security or availability. Medica-Help therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites or applications, you do so entirely at your own risk.
Any information that you may reveal in a review posting or other online discussion or forum is intentionally open to the public and is not in any way private. You should think carefully before disclosing any personally identifiable information in any public forum. What you have written may be seen and/or collected by third parties and may be used by others in ways we are unable to control or predict.
RELEASE OF LIABILITY
You further release and hold harmless Medica-Help and its/their respective physicians, employees, contractors, business associates and/or agents for any harm, claim, injury or damages of any kind including, but not limited to, compensatory, direct, indirect or consequential damage, directly or indirectly, as result of any and all uses of the services hereunder and any review, interpretation or analysis or and/or reliance on any and all second opinion reports. Although every effort will be made to generate a second opinion report in reasonably timely fashion, Medica-Help makes no representation or warranty as to the timeframe in which such second opinion report will be generated.
You understand that the technical processing and transmission of any website content may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Please be advised that we do not guarantee that any information sent from our website will be secured during transmission, nor can we guarantee the confidentiality of any communication or material transmitted to Medica-Help via the website or the Internet, including, for example, personal information such as your name or address.
You understand that in addition to any and all remedies at law or in equity, any intentional violation of this Agreement shall give Company the right to immediately suspend or cancel its services to, and business relationship with, you.
PROCEDURES / PRODUCTS / SERVICES
The procedures, products, services and devices discussed and/or advertised within the Site are not applicable to all individuals, patients or all clinical/Medical situations. We make no claims as to the effectiveness of any such procedures, products, services and devices. Any products and/or services represented on the Site by advertisers, sponsors, and other Site participants, either paid or unpaid, are presented for your awareness and do not necessarily imply appropriateness for any particular individual or prediction of effectiveness, outcome or success.
RESPONSIBILITIES FOR THE USE OF THE WEBSITE
You may use the Site and the Services for lawful, non-commercial purposes only. You are responsible for all use of the Site and for all use of your Credentials, including use by others to whom you have given your Credentials. You may not use the Site in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Site or the Services. You may not attempt to gain unauthorized access to any of the services or computer systems or networks, through hacking or any other means. Without limiting any of the foregoing, you agree that you shall not (and you agree not to allow any third party to):
• copy, modify, adapt, translate, or reverse engineer any portion of the Site, its content or materials and/or the Services;
• remove any copyright, trademark or other proprietary rights notices contained in or on the Site and/or the Services or in or on any content or other material obtained via the Site and/or the Services;
• use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Site and/or the Services;
• access, retrieve or index any portion of the Site and/or the Services for purposes of constructing or populating a searchable database of reviews related to the health care industry or medical physicians;
• reformat or frame any portion of the web pages that are part of the Site and/or the Services;
• fraudulently misuse the Services by scheduling an appointment with a physician which you have no intention of keeping;
• collect or store personal data about other users in connection with the prohibited activities described in this paragraph.
Links to Other Sites
The Site may include links to other websites, including links provided as automated search results. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links are provided for your convenience only and do not mean that we endorse these sites or the products and services they provide. You acknowledge and agree that we are not responsible or liable for the content or accuracy of these other sites.
You may not use contact information provided by our users or collaborating physicians, or harvest such information for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications such as SPAM. You may not allow others to use your account to violate the terms of this section. We may terminate your access to the Site immediately and take other legal action if you or anyone using your Credentials violates these provisions.
Impressum Information (legal Disclaimer)
Medica-Help, UG (limited liability)
Wiesenstraße 67, 45659 Recklinghausen, Germany
Managing Director: Dunia Hajjar-Sheta
Commercial Register Number: HRB 85688
Disclaimer of Warranties
YOU ACKNOWLEDGE AND AGREE THAT WE PROVIDE THE SITE AND THE SERVICES "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE." WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES. YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SERVICES AND THE SITE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF INFORMATION PROVIDED BY USERS OF THE SITE OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE SITE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, Medica-Help.com MAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE THROUGH THE SITE OR ANY OTHER SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. Medica-Help.com DOES NOT WARRANT THAT THE SITE OR THE SERVICES WILL OPERATE ERROR-FREE, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE SERVICES SOFTWARE OR SITE ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS.
General Limitation of Liability
IN NO EVENT SHALL WE BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE SITE AND/OR THE SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, ANY OTHER COMMERCIAL DAMAGES OR LOSSES, OR MEDICAL MALPRACTICE OR NEGLIGENCE OF PHYSICIANS UTILIZED THROUGH USE OF THE SERVICE, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
All legal relationships between Medica-Help, the affiliated doctors and the patients will be governed unexceptionally under German Law. The court of jurisdiction is Duesseldorf, Germany.