MEDICAWELL’S TERMS AND CONDITIONS
Welcome to the website of MEDICAWELL Mediderman Saglik ve Danismanlik Hizmetleri Ltd. Sti (“MEDICAWELL”), and thank you for using MEDICAWELL’s services (“Services”).
By using MEDICAWELL’s Services, you as the user (“User”) are agreeing to these General Terms and Conditions (the “Terms”). Please read them carefully.
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 MEDICAWELL if you use those Services.
1. Scope of MEDICAWELL’s Services
1.1 MEDICAWELL is a service platform which purpose is the provision of a marketplace for medical service providers including but not limited to hospitals and clinics (“Providers”)
1.2 MEDICAWELL provides additional services to the User, each at an individual cost, including but not limited to case management, transfers, medical record translation, on-site medical interpreter, remote second opinion, organization of visa and accommodation of companion.
1.3 MEDICAWELL 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.
1.4 MEDICAWELL discloses details and information on Providers based on data, either provided by the Providers or collected and curated from online and offline information from a variety of sources. Although MEDICAWELL uses reasonable skill and care in performing the Services it will not verify if, and cannot guarantee that, all information provided is accurate, complete or correct, nor can MEDICAWELL 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. 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.
1.5 MEDICAWELL channels and thereby facilitates the communication between the User and Providers. In particular, MEDICAWELL provides different forms 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, MEDICAWELL 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. MEDICAWELL does not assume any rights, obligations or liabilities vis-a-vis the User out of a contract concluded between a Provider (or another third party) and the User.
1.6 MEDICAWELL does not provide medical services itself. The information provided on MEDICAWELL’s 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. Conclusion of Contract
2.2 MEDICAWELL Services are free for the User. The User can, however, solicit additional personal or logistical support or order other additional services for an extra charge. Before ordering a Service for which a charge applies, the exact charge amount will be displayed at the checkout page. The User will be able to review and correct the order data before clicking the button “buy service”.
2.4 With the placement of an order, the User does submit a binding offer to MEDICAWELL for the conclusion of a contract concerning the requested Service. The User will then receive an automatic confirmation email regarding the receipt of the electronic order which does not, however, constitute the binding acceptance of the order.
2.5 The User may request to remove their submitted personal, specific personal and medical data from MEDICAWELL databases at any time by sending an email to firstname.lastname@example.org . In compliance with the Privacy Policies, MEDICAWELL will delete or block the personal data and specific personal data of the User as soon as the User has requested to do so. However, for the purpose of being able to trace and document the history of inquiries of the User or Providers in the event of any legal disputes related to Providers contacted by the User via MEDICAWELL’s platform, MEDICAWELL will keep the first and the last name of the User and his or her email address. MEDICAWELL will not use this data for any other than the aforementioned reason, in particular not for any promotional purposes, after such a request from the User.
2.6 Any User who is a consumer shall be entitled to withdraw from the contract in accordance with Section 15.
3. Additional Services
3.1 MEDICAWELL also provides Additional Services that the User can purchase in order to streamline their medical trip organization. Each service has a different cost and will be informed by MEDICAWELL once the User selects these services from the Pricing section on the website. MEDICAWELL reserves the right to update the prices for Additional Services at its discretion and will display these prices in the general Pricing section of the Additional Services list.
3.2 The Additional Services may include but are not limited to the following:
MEDICAWELL special patient case management includes:
· full case management with a dedicated Patient Case Specialist who will
assist the User with their needs from inquiry to treatment to recovery,
24 hour response to the inquiry,
possibility to compare prices through the provision of multiple
personalized treatment plans
priority appointment scheduling,
secure payment due to MEDICAWELL acting as a guarantor for any
deposits paid toward the costs of the User’s medical treatment.
· Airport-Hotel-Hospital Transfer. This service includes a car service and chauffeur to connect you to the airport, the hospital, and/or the hotel. The price listed is per trip. For more complex transportation needs, MEDICAWELL also offers discounted package rates which are available upon request.
· Visa Service. This service covers the provision of an invitation letter, which is often required in order to obtain a medical treatment visa. This fee does not cover any extra charges which will have to be payed directly to the embassy.
· On-Site Medical Interpreter. This service, paid on hourly basis includes an experienced medical interpreter who will accompany the User at the hospital and support the communication between medical staff and the User. This Service can be booked for minimum two hours. MEDICAWELL offers discounted rates for medical interpretation exceeding 8 hours.
· Logistical Assistance. This service provides support with finding and booking travel and accommodation at the destination of treatment. A MEDICAWELL Patient Case Management representative will present the user with travel and/or accommodation options with their prices. MEDICAWELL does not provide the travel or accommodation services. The costs of the actual accommodation and/or flights are paid by the travelling User.
· Custom A-to-Z Concierge Package. All-inclusive service package, which includes flights and accommodation booking. The contents and price of the package will be discussed with the User and all conditions will be provided with booking the package.
3.3 The prices of the Additional Services are listed under the Pricing section through the following links: “Our Services” > “Pricing”. Should the User choose to purchase those Additional Services, the following provisions apply:
MEDICAWELL 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 MEDICAWELL which MEDICAWELL 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.
3.4 MEDICAWELL 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.
3.5 By making a booking with a Travel Service Provider (either directly or through MEDICAWELL 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 MEDICAWELL purchase the Travel Service(s) on behalf the User (Section (a)), the terms and conditions of the Travel Service Provider are made available by MEDICAWELL 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 MEDICAWELL at email@example.com and follow the instructions from there.
4. Payments, Deposits and Down Payments
4.1 MEDICAWELL processes all payments made through its platform via a third party payment provider.
4.2 In order to secure a booking with a Provider or the time of a treating physician, MEDICAWELL may require the User to provide a Credit Card Deposit (“Deposit”) or a Down payment (“Down Payment”), on behalf of the selected Provider. MEDICAWELL will process the transaction and will hold it for the Provider in a non-interest-bearing trust account.
4.3 When making an appointment with one of the Providers, the User may be asked to provide his or her credit card for capturing a Deposit. However, MEDICAWELL 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 MEDICAWELL applies (Section 5) or
(b) A deposit is required with regard to the respective treatment (Section 4.4).
4.4 Certain treatments or Providers may require a Down Payment to be made by the User. The respective amount and the cancellation policies will be displayed at the checkout page and in the confirmation email.
4.5 MEDICAWELL will communicate and charge the respective Down Payment amount to the User and keep the Down Payment in its non-interest-bearing trust account until:
(a) Either the User cancels the treatment (Section 5), or
(b) The Provider has requested the Down Payment from MEDICAWELL and the Provider has informed MEDICAWELL about the net amount of any prospective invoice issued to a User
4.6 The Down Payment will be refunded for good cause in full if:
(a) A physician determines that the User is not eligible for the treatment (the User should provide MEDICAWELL up to two (2) weeks after cancellation, a physician’s certificate stating the User’s non-eligibility to treatment);
(b) A physician determines that the User is not eligible for travel (the User should provide MEDICAWELL up to two (2) weeks after cancellation, a physician’s certificate stating the User’s non-eligibility to treatment);
(c) In case of natural catastrophes such as earthquakes or wars or
(d) In case of death (automatic cancellation).
4.7 If the User fails to cancel the appointment and none of the cancellation for good cause policies applies, MEDICAWELL will charge a cancellation fee from the respective Down Payment made by the User. The respective cancellation fee will be displayed at the checkout page and in the confirmation email.
5. Cancellation Policy
5.1 The following cancellation clauses should apply, if the User decides to cancel giving no further explanation to MEDICAWELL:
(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 $ 25.00 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 $ 50.00 applies.
5.2 The User may cancel the treatment free of charge if:
(i) A physician determines that the User is not eligible for the treatment (the User should provide MEDICAWELL 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 MEDICAWELL 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 cancellation).
5.3 The User may reschedule the treatment free of charge if:
(i) The User may reschedule the appointment up to three (3) times and up to three (3) 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 $ 50.00 applies.
5.4 The User may cancel the Additional Services up to 14 days after the purchase, as long as the Services have not been rendered by the Provider or the MEDICAWELL Patient Case Management. When a User wishes to cancel Additional Services provided by a third-party provider the Terms and Conditions of the third-party provider apply.
5.5 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: firstname.lastname@example.org
5.6 Any User who is a Consumer shall be entitled to withdraw from the contract in accordance with Section 12.
6. User’s Obligations
6.1 The services of MEDICAWELL are available to individuals who are 18 years or older. The User is entitled of using MEDICAWELL’s Services on behalf of a third person below the age of 18, and shall inform MEDICAWELL 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 MEDICAWELL, Providers or other third persons on this website or in connection with Services rendered by MEDICAWELL.
6.3 In the event of a violation of User’s obligation pursuant to Section 7.2, MEDICAWELL is entitled to delete the respective information and while taking into account the relevant User’s legitimate interests - to block the User’s account temporarily or permanently.
6.4 If a claim is made by a third person against MEDICAWELL due to a culpable violation of User’s obligation pursuant to Sections 6.2 or 7.1, the User is obligated, to indemnify MEDICAWELL against third parties' claims as well as against costs which may be incurred by MEDICAWELL as a result of an appropriate legal defense (e.g. court and lawyers’ fees). The right to claim further damage compensation remains unaffected.
7. Liability of MEDICAWELL for own services
7.1 Other than as expressly set out in these Terms or additional terms, MEDICAWELL 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 in Sections 8.3 and 8.4, MEDICAWELL 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, MEDICAWELL is also liable for mere negligence.
7.4 MEDICAWELL 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 7.4 shall also apply to MEDICAWELL’s legal representatives, employees or any other of MEDICAWELL’s agents.
8. No Liability for Services of Third Persons
8.1 MEDICAWELL accepts no liability for the correctness, completion and up-to-dateness of any information provided by Providers or any other third parties on MEDICAWELL’s website. As a service Provider, MEDICAWELL is, only responsible for its own content that is held for use on MEDICAWELL’s website. MEDICAWELL is not obligated to monitor transferred or stored external information or check said information for circumstances that point to unlawful activity. MEDICAWELL’s obligations to remove or block the use of information in accordance with other legal provisions shall remain unaffected.
8.2 MEDICAWELL’s 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 MEDICAWELL has no influence. The relevant owner or operator of the websites alone is responsible for the content of linked sites. MEDICAWELL does not assume any liability for this external content. The linked sites were cursorily checked by MEDICAWELL 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, MEDICAWELL does not constantly check the external content for changes which could form a new basis for a liability. Nonetheless, MEDICAWELL 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 MEDICAWELL.
9. Data Protection
9.1 For the Services provided by MEDICAWELL, it is necessary to collect, process and use personal data and a special category of personal data within the meaning of the Turkish Personal Data Protection Law, which requires the prior consent of the User. Please refer to MEDICAWELL’s Privacy Policies explaining under which circumstances User’s data are collected, processed and used when using MEDICAWELL’s 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 MEDICAWELL’s website is protected by copyright and intellectual property rights and partially originated from third parties. All intellectual property rights in the website (including text, graphics, software, photographs and other images, videos, sound, trademarks and logos) are owned either by MEDICAWELL, the Providers or third parties. When using the Services, the User is not granted with any licenses of MEDICAWELL’s intellectual property rights with respect to Services rendered and information provided by MEDICAWELL. Any utilization not permitted by the copyright law requires advance written approval from MEDICAWELL. Downloads and copies of content from MEDICAWELL’s website are only allowed for private and non-commercial use.
9.4 MEDICAWELL 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 MEDICAWELL’s business provided that this use shall comply with the applicable data protection regulations.
10. Validity and Change of the Terms; applicable law; venue
10.1 Only MEDICAWELL’s Terms shall apply regarding the use of MEDICAWELL’s 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 MEDICAWELL. 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 MEDICAWELL may modify these Terms or any additional terms that apply to specific Services rendered by MEDICAWELL. MEDICAWELL will make available a notice of modifications to the Terms on this website. MEDICAWELL 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 MEDICAWELL, 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 MEDICAWELL and any disputes arising out or in connection with the respective terms shall be exclusively governed by the laws of Turkey (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 Istanbul, Turkey. 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 MEDICAWELL 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. The consumer may use the “Standard Form Right of Withdrawal”. However, the use of the form is not mandatory. [The consumer may fill out and submit the “Standard Form Right of Withdrawal also electronically. In this case, MEDICAWELL will immediately confirm receipt of the withdrawal electronically (e.g. via email).]
Dispatch within this period shall be sufficient to meet the deadline and shall be addressed to:
Address: MEDICAWELL, Ciftehavuzlar Mah. Eski londra Asfalti Cad. No:151/E Teknokent C1 Blok No:108 Esenler / Istanbul
Phone: +90 212-8014255
11.2 In the event of effective withdrawal, MEDICAWELL will refund all payments received, including delivery charges (except for additional costs incurring from the consumer’s choice of a different delivery method than MEDICAWELL’s standard delivery method), immediately but not later than 14 days from the date MEDICAWELL received the consumer’s declaration of withdrawal. Return payments by MEDICAWELL will be credited to the credit card the consumer used when ordering the goods unless expressly agreed otherwise. Under no circumstances, MEDICAWELL will charge the customer any expenses for the refund.