Terms & Conditions and Legal Information
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. The Terms&Conditions and all legal contracts related to Medica-Help, UG (limited liability) are based on German law. Place of jurisdiction for any potential disputes is Dusseldorf, Germany. 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 the terms and conditions of our 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 create 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.
It is agreed upon between both contractual partners that Medica-Help is only responsible for intermediating between the patient and the doctor. Medica-Help is not liable for any medical diagnosis or therapy related to the second opinion of the assigned doctor. The services Medica-Help and its partners provide do not replace the local doctor-patient relationship.
1. NATURE OF OUR SERVICES
Medica-Help acts as a facilitator between the patients and the doctors only. The purpose and responsibility of the services lies in connecting patients to doctors in Germany specialized in the field as requested by the patient. Furthermore Medica-Help is handling all the payment, including the payment between the patient and the doctor.
IMPORTANT NOTE: Medica-Help is not a medical service provider and thus not taking any medical responsibility. Medica-Help’s services do not cover and accordingly cannot be held liable for any medical services such as medical consulting, therapy or diagnosis.
Neither Medica-Help nor the assigned doctors are replacing the relationship between the patient and his doctor locally on-site.
RELATIONSHIP BETWEEN MEDICA-HELP AND PATIENT
Medica-Help connects the patients with the requested specialized doctors in Germany based on the data provided by the patient.
The patient is obliged to provide Medica-Help only with a minimum of necessary information about his health situation when placing the request for second opinion that enables Medica-Help to choose an appropriate expert specialized in the medical area and organize the contact between patient and expert doctor.
There will be a separate contract between the doctor and the patient directly.
2. RELATIONSHIP BETWEEN DOCTOR AND PATIENT
The specialized doctor will get connected directly to the patient to analyse his medical case and accordingly provide his second opinion report. All detailed medical information needs to be sent to the doctor directly and not to Medica-Help.
Assigned doctors in Germany will be connected to the patient through emails and an online call in order to provide the medical second opinion and to advise for treatment based on the information provided by the patient only.
The second opinion is not intended to replace a full medical evaluation or an in-person visit with a physician
3. PATIENT’S RESPONSIBILITY
When the doctor has confirmed his commitment to your case, it is your responsibility as the patient to provide true, sufficient, accurate and up-to-date information about your medical case directly to the assigned doctor. The patient needs to turn in all relevant medical information, (including documents available, reports of treatments, letters from doctors and so on) the latest 48 hours before the online call.
The second opinion will be based on the documents available. Incomplete information may lead to false evaluation that the doctor cannot be made responsible for. You acknowledge that you understand that in rare cases, a lack of access to reliable and complete medical records may result in adverse drug interactions or allergic reactions or other judgment errors and agree that you remain responsible for the provision of all relevant material.
Neither the doctor nor Medica-Help can be held responsible or/and liable for the case that the second opinion provided by the doctor is false or inaccurate due to the fact that you as the patient delivered false or incomplete information about your medical situation and current & previous treatment.
It remains your responsibility as the patient to take decisions for all of your medical issues and treatment options. The overall evaluation of the health care remains solely with the patient himself. It is recommended that you share the second opinion report with your local doctor or to contact a different specialist on-site in order to confirm the next steps and ensure the best medical care.
You acknowledge that you understand the alternatives to Online Medical Consultation and are willingly choosing to participate in Online Medical Consultancy consultation.
The patient is obliged not to contact the doctor directly in case he requests to receive further evaluation from the doctor. In this case, the patient must contact Medica-Help again to set up new appointments with the doctor.
4. NATURE OF ONLINE CONSULTANCY AND ONLINE MEDICAL CONSULTANCY
Online Consultancy and Online Medical Consultancy enables healthcare providers at different locations to analyse individual patient medical information by using electronic communications. The purpose is improving the patient’s care. The patient’s information will be used for delivering the services the patient has requested only and may consist of any of the following:
Patient‘s medical records, Medical images, Audio or / and Video Online Call (live), Output data from medical devices and sound and video files.
Online Medical Consultancy underlies laws that protect privacy and the confidentiality of medical information.
The information obtained in the use of Online Medical Consultancy that identifies the patient will remain disclosed and will not be shared with researchers and other entities without the patient’s consent.
The patient may expect the anticipated benefits from the use of Online Medical Consultancy, but no results can be guaranteed or assured. As the doctors will not be able to examine the patient physically, the second opinion received is limited as it is based on information from examinations, test results, diagnosis and other medical information provided through the patient. Therefore the information obtained through Online Medical Consultancy should not be used solely for a treatment decision, but is intended to give the patient better insight into his medical condition and other options the patient may have.
The patient has the right to withdraw his consent to the use of Online Medical Consultancy at any time.
IMPORTANT NOTE: Please note that the Online Medical Consultancy is provided by the medical doctors themselves and not by Medica-Help.
5. OUR PROCESS FOR SECOND OPINION (for current available specialties mentioned on website)
1. Starting the process
1.1. Fill in all required personal information with only a minimum of medical information and press the button „Second Opinion Request“
1.2. The specialized assigned doctor will pre-screen your information
1.3. Medica-Help will send a confirmation e-mail and a contract between you and the doctor and provide you with a case number; in order to proceed, kindly pay the fees of our services which will be communicated to you within the confirmation email
2.1. The doctor will ask you to send all relevant documents such as diagnostic reports and tests via e-mail to him directly
2.2. The doctor will either confirm the completeness of your information or ask you to provide any missing documents, test or diagnostics*
*Please note that your cooperation is crucial for proceeding with the case and it is the responsibility of the patient to give the missing information before proceeding to next steps.
3. Setting up the Doctor’s Call
3.1. Your doctor checks your information carefully
3.2. Medica-Help will suggest three time slots for the call with the doctor (of maximum 15 minutes) within 1-2 weeks after confirmation of the fees’ payment
3.3. Medica-Help will set up an appointment of a 15 min. Online Call* with the assigned doctor
3.4. Your doctor will give you information about your case and answer your questions
*Please note: The online call between the assigned doctor and the patient will be performed in Arabic or English or German language as agreed in the e-mail confirmation
You will receive a written medical report* within 1-2 weeks after the online call with the doctor including
4.1. Second Opinion about your case
4.2. Options and Recommendation for Treatment
*Please note: The medical second report written by the assigned doctor will be in English language only (Arabic or German languages are optional and subject to an agreement between the patient and the assigned doctor in case requested by the patient).
6. NO IMMEDIATE AVAILABILITY OF A DOCTOR SPECIALIZED IN THE REQUESTED MEDICAL AREA FOR SECOND OPINION REQUEST
In case Medica-Help has no immediate availability for a doctor in the requested medical area, currently we offer the following support:
1) We will get in contact with an external doctor or hospital/clinic in Germany on behalf of you for your case
2) As soon as the external doctor/hospital/clinic confirms the acceptance of your case, we will ask you to pay Medica-Help the fees for the initial connection services and communication support
3) The external doctor/hospital/clinic will ask for more information about the case and will estimate his/their fees based on the complexity of the case in order to provide you with the requested medical advice.
Important Note: Medica-Help has no influence or knowledge of the fees which the external doctor/hospital/clinic will estimate for your case.
7. PAYMENT OF FEES & BILLING
You acknowledge that you or an authorized individual acting on your behalf and who is requesting the second opinion is responsible for all fees charged by Medica-Help for the services hereunder (including, but not limited to, fees for professional services). You understand that you or your authorized person must pay these fees in advance, and that you are responsible to pursue any third-party insurance reimbursement in case you have. You have been informed that you have the option to withdraw consent for this second opinion report at any time. However, if you withdraw your consent after payment is made, you will remain responsible for the full amount. No money will be refunded after services are started.
The fees will be determined based on the doctor's feedback for your case plus the effort needed for our services.
The steps of the payment will be mentioned in the confirmation email.
8. TERMINATION OF THE CONTRACTUAL RELATIONSHIP BETWEEN MEDICA-HELP AND PATIENT
Medica-Help has the right to terminate the second opinion process at any time. This might be the case for example if the doctor is not able to provide a second opinion due to unexpected situations or lack in expertise or alike. In this case the patient will receive the full amount of payment that he has transferred to Medica-Help. Medica-Help will not bear any further compensation in this case.
The patient can withdraw from the contract at any time and request to delete all his data. However, if this happens after initiating the process and transferring the payment to Medica-Help, Medica-Help and the assigned doctors will have already started to work on the case and therefore Medica-Help will not return any payment.
If the assigned doctor can’t deliver the second opinion report in time, meaning 2 weeks after completeness of the required process and the online call, the patient has the right to ask to terminate the process and get a complete refund.
The patient is beware of the fact that Medica-Help must receive the fees as mentioned above within two weeks after initiating the Second Opinion Request. Otherwise this contract is cancelled automatically and a new request needs to be initiated by the patient. All patient data and contact information will be erased from Medica-Help’s system.
9. CHANGES IN SERVICES
Medica-Help has the right to change the services it is providing at any time due to any matter. Medica-Help has the right to change the prices for any un-assigned contracts at any time.
10. CHANGES TO THESE TERMS & CONDITIONS
We may change these Terms & Conditions at any time, as we reasonably deem appropriate. Upon any change in these Terms & Conditions, we will post the amended agreement on the site with notice of the changes. Your continued use of the website and/or the services following such notification shall constitute your affirmative acknowledgement of the Terms & Conditions, the modification and agreement to abide and be bound by the Terms & Conditions, as amended. If at any time you choose not to accept these Terms & Conditions, including following receipt of notification of any modifications hereto, then please do not use the website.
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.