Terms of Service “Bookimed”

These Terms of Use («Terms») obtain important information about your rights and obligations. Please read them carefully before using our website https://us-uk.bookimed.com (the «Website»). If you do not agree with these Terms, please do not use the Website. The terms «Bookimed» and «we» mean BOOKIMED EU LIMITED, UNIPESSOAL LDA (ZONA FRANCA DA MADEIRA), which provides services defined below via the the Website.

For the provision of the services via the Website, we also cooperate with the partner company – Bookimed Limited. Read more here

Our Privacy Notice describes our collection and use of personal data connected to your Website use.

Entire agreement

In brief: These Terms are an agreement between Bookimed and the Website users. By using the Website, you agree to be bound by these Terms and all applicable laws and regulations.

These Terms, Finance Policy, Bookimed Clinic Ranking Policy, Review & Comment Policy and our Privacy Notice рcumulatively constitute a legally binding agreement between our users — patients, their attendants, Website visitors («users») and Bookimed, which regulates your use of the Website.

By using the Website, you with this declare and warrant that:

• you have read these Terms, understand its content, and agree to comply with these Terms in full;
• you have the full legal capacity, and the legislation of your country does not restrict you from using the Website;
• you comply with all applicable laws, regulations, and the third parties’ rights.
• If you do not agree with these Terms, please do not use the Website.

Services

In brief: On the Website, you can find information about medical services and clinics that provide them. We connect patients to medical centers and help them get their services.

Our services

The Website is a platform that provides the user with information about medical services and the clinics where they are available («clinics» or «medical centers»).

On the website, you can:

• Find information about medical centers, doctors, and the services they provide
• Get a consultation from our coordinator about clinics, doctors, services
• Get help choosing the best medical solution for you
• Receive an individual treatment program from our partner clinic
• Pay a deposit for an appointment you made
• Appoint a visit to the medical center on your choice
• Order «Second opinion.»

Bookimed does not assign users to a specific clinic or doctor but provides a list based on their request. We do our best to help you find the best option based on your language, country, medical need, financial preferences, and other circumstances. In addition, we connect Bookimed patients with the selected center, support during the communication with it, help with visit arrangements for medical services and provide support even after returning home. During your interaction with the Website, you are supported by Bookimed coordinators, most of whom are certified medical specialists.

Bookimed is not a clinics’ representative and does not guarantee the quality of their services and specialization. We are not an intermediary between the patient and medical centers, nor do we provide medical services ourselves. Any information on the Website is not medical advice and cannot be used as a guide to action. We cooperate with the medical centers under the relevant agreements directly, or through our business partner – Bookimed Limited (registration number: 2371039; address: 14/F Golden Centre, 188 Des Voeux Road Central, Hong Kong).

Deposit payment terms

You have to pay a deposit to confirm an appointment for your visit to the medical centre. The deposit amount is 200 (two hundred) euros or US dollars, depending on the currency of your order. The confirmation deposit is necessary to ensure your arrival to the medical centre. By its legal nature, the deposit is a payment for our services, but the clinics will decrease the treatment price by the amount of the deposit you made. As a result, with Bookimed, you will pay no more as if you would contact a clinic directly. Still, the deposit is not a payment for the ordered medical services.

The medical services are paid under the relevant invoices issued by the medical centres. You can pay a deposit by using your Account and third-party payment services provider. When you use third-party payment services, you are subject to other terms and privacy notices. We are not responsible for the processing of your personal data by such a provider. You can request a refund the deposit by email at bills@bookimed.com, but no later than 10 days before the appointment date. It would be returned within 30 days. If you fail to comply with that term, we will not refund you. Please, note that the deposit payment and refund are not available for the Visa or Mastercard owners from the Republic of Cuba, the Islamic Republic of Iran, the Republic of Sudan, the Syrian Arab Republic, and the Bolivarian Republic of Venezuela.

Second opinion

The clinics’ doctors can provide a «Second opinion» service at your request on the Website. The Second opinion includes an assessment of the patient’s past and present health status, a medical history analysis, drafting a plan for diagnosis and treatment, which the clinics’ representatives prepare. By ordering a Second opinion, you agree that:

• the diagnosis provided is limited and conditional;
• a Second opinion shall not be considered as a substitute for a complete physical examination or a personal visit to a doctor;
• the doctor providing the service may not have all the information about your health status, which is usually obtained by a personal examination;
• the absence of a personal examination can affect the specialist’s ability to diagnose a status, illness, or injury.

You can provide medical materials on behalf of a third party in case if you notify Bookimed in advance about one of the following circumstances:

• such a third party is a member of your family;
• you have obtained the prior consent of such third party for his/her representation;
• such a third party cannot independently submit a request by the Website.

Upon receipt of all the necessary information, Bookimed will create a medical record. Following it, we will provide you with a choice of doctors from clinics on the Website. After you decide, we will collect the missing information in your medical record and send it to your doctor. We will send you a Second opinion by email within a few business days after receiving complete documentation from your side.

Clinics’ selection

We receive requests from clinics to add information about them to the Website. We carefully check each piece to comply with our criteria to provide you with only the best options. During the clinics’ selection, we take into account:

1. The doctors’ qualifications:

• education and special training programs;
• work experience;
• licenses and certificates;
• membership in professional associations and international communities (ISAPS, ASPS, EURAPS, EORTC, etc. );
• internships and qualification’s improvement in clinics abroad;
• scientific activity – studies, publications, specialized events’ participation;
• awards and grants.

2. Clinic’s level:

• international treatment protocols compliance;
• accreditation from reputable international organizations in the healthcare sphere (JCI, ISO, ESMO, EFQM, etc. );
• certificates from independent audit companies and rating agencies (TOP Focus, TÜV, TEMOS, etc.).

3. Clinic’s material and technical base:

• modern, the most efficient and safe equipment;
• own laboratories;
• the newest materials’ use (prostheses, implants, etc.);
• the innovative treatments’ availability;
• clinical studies’ participation;
• the training centers’ availability.

4. The speed of the medical center’s response to patient requests

5. Service level for foreign patients:

• availability of a special medical coordinator, translator;
• transfer;
• accommodation in clinics’ partner hotels at special prices;
• a visa obtaining assistance, etc.

6. The patients’ opinion about treatment in the clinic on its website, and in the public domain on third-party review sites.

Information on the Website

Our goal is to provide the most objective information and help users get the best solution to their medical issues.

The information that you see on the Website is obtained directly from medical centers, or we collect from reliable, in our opinion, open sources. We try to provide accurate and up-to-date information, but we cannot guarantee it.

Certain treatments and pharmaceuticals displayed on the Website may be prohibited in certain countries. We remind you that you are solely responsible for complying with the laws that apply to you.

You can read about the prices on the Website in our Financial Policy.

Account

In brief: You can create an Account to better communicate with clinics and us. You are responsible for its use and safety.

To use the Website’s full functionality, you need to register a personal account («Account») by applying to the Website.

By using your Account, you can:

• provide and correct your personal data;
• submit and correct your medical records;
• send requests to clinics or doctors;
• choose a treatment program in one of the offered clinics;
• pay a deposit for an appointment you made;
• make reviews and comments on reviews.

Find out more about how we process personal data in our Privacy Notice.

You cannot create more than one Account, transfer or delegate your Account to others. You are responsible for maintaining the confidentiality of your account login information and all activities performed using your Account.

If you know or for some reason suspect that someone has illegally gained access to your Account, please notify us immediately.

To delete the Account and your data, please use the proper functionality of the Account or send us an email request on marketing@bookimed.com.

Content

In brief: Bookimed owns the Website and all the content on the Website. We give you certain rights to use the Website and content for your own personal purposes, and we may also permit you to use it for commercial purposes. You are prohibited from copying and distributing content in violation of the rights of Bookimed or copyright holders. We do not advertise clinics, drugs, or services, but we may report discounts and special offers from medical centers.

All materials on the Website, including text, graphics, information, images, icons, photos, videos, sounds, music, computer code, trademarks, logos, any other materials, and intellectual property rights to such materials (cumulatively — «Content»), are owned by Bookimed and/or used with the permission of the respective copyright holder.

The Content is copyrighted under the applicable law and international intellectual property law, which you shall comply with. You can use the Content only with the permission of its author or copyright holder, except as otherwise provided by the Terms and the applicable law. Please note that fees may apply for the right to use the Content.

Content use

You do not gain any rights when you use (share, copy, download) the Content. You agree not to modify or remove any copyright or authorship notices and other metadata from such Content.

During the Content use, a hyperlink within the first paragraph to the original article’s page indicating the Bookimed brand and the author of the material, if such information is indicated, is a compulsory condition.

Personal use

You may use the Content for personal, non-commercial purposes without prior permission. Bookimed grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license, without territorial restrictions within these Terms’ validity, to:

• access and view any Content on the Website;
• share the Content by posting on social networks or copying a link to the Website page.

To use the license, you shall comply with these Terms.

Commercial use

The use of the Content to make a profit, perform public or government activities are considered a commercial use. To do this, you need to obtain a special permit and, if applicable, pay a fee.

To obtain permission to use the Content for commercial purposes, please contact us at marketing@bookimed.com.

Third-party sites and services

In brief: By using websites and services that we do not control, you shall comply with other terms of service.

Some of the Website’s functions, such as displaying the clinic’s location on a map, are provided by third-party websites and services that Bookimed does not control. In addition, to communicate with clinic representatives, you can go to third-party messengers. Your use of third-party websites and services is regulated by different terms of service and privacy notices.

Bookimed is not responsible for:

• content and functionality of such websites and services;
• personal data processed by such websites and services;
• loss, damage, or financial obligations that arise from your use of a third-party website or service.

Disclaimer of warranties

In brief: The Website operates on an «as is» basis. We do not make any guarantees or promises regarding the Website and Content.

The Website operates on an «as is» basis. Bookimed makes no guarantees or promises regarding the Website and the information provided, other than as expressly stated in these Terms.

We make no guarantees or promises that:

• the Website does not contain viruses and functions smoothly and error-free;
• the Content is accurate, reliable, adequate, helpful;
• the Website and the Content have commercial suitability, suitability for a specific purpose, and do not breach the intellectual property rights of third parties or other rights.

Limitation of liability

In brief: Bookimed is not responsible for damage or loss arising from your use or inability to use the Website or otherwise arising in connection with these Terms, as well as for the consequences of treatment or recommendations presented on the Website. However, we always try to help our users in case of difficulties.

Bookimed is not responsible if any content on the Website is inaccurate, unreliable, or incomplete, for typos or errors in the text, and the consequences of your use of the Content or the application of the information received.

We cannot influence the treatment or guarantee the correctness of the medical recommendations provided via the Website. That is why we are not responsible for such treatment or recommendations’ consequences, even if they are provided by Bookimed coordinators or clinics presented on the Website.

Bookimed, its founders, partners, employees, contractors, and agents are not liable for any kind of damages, lost profits, data loss, or damage to reputation associated with the use or inability to use the Website and information received from Bookimed, or arising from errors, omissions, and outages, defects, viruses. This provision applies even if Bookimed has been informed about the possibility of such damages.

The above disclaimer of warranties and limitation of liability apply to the maximum extent permitted by law.

Indemnification 

In brief: You are responsible for your use of the Website. If you start a dispute with a third party, we will not be involved in its settlements.

To the maximum extent permitted by applicable law, you agree to indemnify, reimburse and protect Bookimed, our partners, contractors, and agents from claims, liability, damage, loss, and costs incurred (including fees or costs of legal services and remuneration of the professional advisors and other professionals), any related or such that arise as a result of:

• your breach of these Terms;
• your use (in particular — inappropriate) of the Website or Content;
• your breach of laws or the third parties’ rights.

Applicable law and jurisdiction

In brief: This agreement is governed by the laws of the Portuguese Republic. We intend to settle all disputable issues amicably, but in the event of a serious dispute between us, it shall be settled in the court of the Portuguese Republic.

These Terms shall be governed by and interpreted due to the laws of the Portuguese Republic.

If any material or the use of the Website by you does not comply with the laws of your country, the Website is not intended for you, and we ask you not to use it. It is your responsibility to ensure that you know and comply with the laws of your jurisdiction.

You agree that any disputes, conflicts, claims, or disagreements arising directly or indirectly in connection with the Website or these Terms, including, without limitation, those that relate to their validity, interpretation, or application, should be settled by friendly negotiations directly with the Bookimed team.

If the consensus is impossible by negotiations, the dispute shall be settled exclusively in a court of the Portuguese Republic under applicable of the Portuguese Republic law.

You shall make all claims within one (1) year from the date of their origin unless a longer period is required by applicable law.

Electronic communications

By using the Website and providing us with your contact information, you understand and agree that we may send you electronic communications regarding, but not limited to:

• your use of the Website;
• the Website or these Terms updates;
• promotional offers, news, and other updates.

You can refuse to receive the marketing emails by following the instructions in the corresponding notices.

Find out more about the processing of your personal data in our Privacy Notice.

Other terms

Bookimed is entitled to check if you comply with the Terms during the Website use. In case of violations, we may revoke or suspend your access to the Website for you.

If any of these Terms provision is found to be illegal, invalid, or unenforceable, the remaining provisions will remain in effect and enforceable.

We may transfer our rights and obligations under these Terms to third parties, but this will not affect your rights or our obligations under this Agreement.

We reserve the right to change these Terms. If a material change may affect your use of the Website or your rights as a user, we will notify you within reasonable terms before the effective date by posting a message on the Website or sending you an email.

The printed version of the Terms is admissible evidence in court or administrative proceedings that arose based on or in connection with the Website use, to the same extent and under the same conditions as other documents and records created and stored in hard copy.

Questions and contact information

If you have any questions or comments about these Terms or the Websites, please contact us by:

BOOKIMED EU LIMITED, UNIPESSOAL LDA (ZONA FRANCA DA MADEIRA) 

NIPC: 516363182

Address: Avenida Arriaga, n.o 30, 1.o andar, sala A, 9000-064 Funchal, Madeira, Portugal

Additional address: 14/F Golden Centre, 188 Des Voeux Road Central, Hong Kong.

Email: marketing@bookimed.com