Terms of Use

Terms and conditions of use

1. Introduction

These terms and conditions shall govern your use of our Website and are considered a binding legal agreement between:

-Us, MEDx eHealth Center B.V., incorporated under the laws of the Netherlands, under the Chamber of Commerce number 64507254 in De Run 4630, 5504 DB Veldhoven, The Netherlands.

And

-Any User surfing the Website www.medx.care.

Where the following meanings will have legal binding interpretation:

-Website or Platform: www.medx.care

-Agreement: the current Terms and Conditions as well as its annexes and all the possible later amendments.

By using our Website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our Website.

If you either register with our Website, submit any material to our Website or use any of our Website services, we will ask you to expressly agree to these terms and conditions.

By using our Website or agreeing to these terms and conditions, you declare to us that you are at least 18 years of age or, differently, are assisted by a legal tutor, guardian, representative or legal relative.

Our Website uses cookies; by using our Website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with our Privacy Policy & Cookies

www.medx.care retains 10% on all the care transactions performed on its platform.

2. Copyright notice

Copyright (c) 2016 MEDx eHealthCenter B.V.

Subject to the express provisions of these terms and conditions:

  1. we, together with our licensors, own and control all the copyright and other intellectual property rights in our Website and the material on our Website; and
  2. all the copyright and other intellectual property rights in our Website and the material on our Website are reserved.

3. Licence to use Website

You may:

  1. view pages from our Website in a web browser;
  2. download pages from our Website for caching in a web browser;
  3. print pages from our Website;
  4. use medx.care by means of a web browser

subject to the other provisions of these terms and conditions.

Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from our Website or save any such material to your computer.

You may only use our Website for your own personal purposes, and you must not use our Website for any other purposes.
The use of this Website is subject to the condition that in no way the performances provided by MEDx eHealthCenter will be considered as that between a Doctor and a Patient or between a Hospital and a patient.

Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our Website.

Unless you own or control the relevant rights in the material, you must not:

  1. republish material from our Website (including republication on another Website);
  2. sell, rent or sub-license material from our Website;
  3. exploit material from our Website for a commercial purpose; or
  4. redistribute material from our Website.

Notwithstanding Section 4.5, you may redistribute our newsletter to any person.

We reserve the right to restrict access to areas of our Website, or indeed our whole Website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our Website.

4. Acceptable use

You must not:

  1. use our Website in any way or take any action that causes, or may cause, damage to the Website or impairment of the performance, availability or accessibility of the Website;
  2. use our Website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
  3. use our Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
  4. conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Website without our express written consent;
  5. use data collected from our Website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

You must not use data collected from our Website to contact individuals, companies or other persons or entities.

You must ensure that all the information you supply to us through our Website, or in relation to our Website, is [true, accurate, current, complete and non-misleading].

5. Registration and accounts

To be eligible for an individual account on our Website under this Section, you must be at least 18 years of age.

You may register for an account with our Website by completing and submitting the account registration form on our Website, and clicking on the verification link in the email that the Website will send to you.
Likewise, you must not use anyone else person's account to access the Website, unless you have that person's express permission to do so.

The credentials so obtained are supposed to be kept private and not shared with anyone else by any mean.

You must notify us in writing immediately if you become aware of any unauthorised use of your account.

Moreover, you hereby commit to:

  1. provide truthful and accurate information
  2. not communicate details in any misleading way as to resemble any other physical or legal person
  3. not register for more than one account and
  4. communicate us of any change of your physical address, e-mail address, change of name or surname or any information asked through our platform.

6. User IDs and passwords

If you register for an account with our Website, you will provide a valid user ID and make your own password after receiving a link.

Your user ID must not be liable to mislead people and must comply with the content rules set out in Section 10; you must not use your account or user ID for or in connection with the impersonation of any person.

You must keep your password confidential.

You must notify us in writing immediately if you become aware of any disclosure of your password.

You are responsible for any activity on our Website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

7. Cancellation and suspension of account

We may:

  1. suspend your account;
  2. cancel your account; and/or
  3. edit your account details,

at any time in our sole discretion without notice or explanation.

You may cancel your account on our Website using your account control panel on the Website.

8. Your content: licence

In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our Website for storage or publication on, processing by, or transmission via, our Website.

You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media / reproduce, store and publish your content on and in relation to this Website and any successor Website / reproduce, store and, with your specific consent, publish your content on and in relation to this Website.

You grant to us the right to sub-license the rights licensed under this Section.

You grant to us the right to bring an action for infringement of the rights licensed under this Section.

You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

You may edit your content to the extent permitted using the editing functionality made available on our Website.

Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, un-publish or edit any or all of your content.

9. Your content: rules

You warrant and represent that your content will comply with these terms and conditions.

Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

Your content, and the use of your content by us in accordance with these terms and conditions, must not:

  1. be libellous or maliciously false;
  2. be obscene or indecent;
  3. infringe any copyright, moral right, database right, trade mark right, trade secret, design right, right in passing off, or other intellectual property right;
  4. infringe any right of confidence, right of privacy or right under data protection legislation;
  5. constitute negligent advice or contain any negligent statement;
  6. constitute an incitement to commit a crime[, instructions for the commission of a crime or the promotion of criminal activity];
  7. be in contempt of any court, or in breach of any court order;
  8. be in breach of racial or religious hatred or discrimination legislation;
  9. be blasphemous;
  10. be in breach of official secrets legislation;
  11. be in breach of any contractual obligation owed to any person;
  12. depict violence, in an explicit, graphic or gratuitous manner;
  13. be pornographic, lewd, suggestive or sexually explicit;
  14. be untrue, false, inaccurate or misleading;
  15. consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
  16. constitute spam;
  17. be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
  18. cause annoyance, inconvenience or needless anxiety to any person.

10. Limited warranties

We do not warrant or represent:

  1. the completeness or accuracy of the information published on our Website;
  2. that the material on the Website is up to date; or
  3. that the Website or any service on the Website will remain available.
  4. that the Healthcare Providers listed in this Website hold a legitimate license to provide health performances as well as the right specialisation related to your medical needs.
  5. that the time availabilities as indicated in the time slots will be effectively available.
  6. that the technical content of the articles posted in the community is truthful, tested, nor approved by any medical community. Nevertheless, we can guarantee the truthfulness of the name of the author, as reported to us and the integrity of the content as provided to us by the author.
  7. that we have to duty to intervene in case of any medical emergency. In that case, you should call immediately the emergency number related to your country.
  8. the continuity of the services in case of force majeure impeding us to provide them for cause external to our will and power.

We reserve the right to discontinue or alter any or all of our Website services, and to stop publishing our Website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any Website services, or if we stop publishing the Website.

To the maximum extent permitted by applicable law and subject to Section 12.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our Website and the use of our Website.

11. Limitations and exclusions of liability

Nothing in these terms and conditions will:

  1. limit or exclude any liability for death or personal injury resulting from negligence;
  2. limit or exclude any liability for fraud or fraudulent misrepresentation;
  3. limit any liabilities in any way that is not permitted under applicable law; or
  4. exclude any liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:

  1. are subject to Section 12.1; and
  2. govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

To the extent that our Website and the information and services on our Website are provided free of charge (although local rate for Internet connection may apply), we will not be liable for any loss or damage of any nature.

We will not be liable to you in respect of any losses (of income, well-being, opportunity, goodwill, reputation, or else) suffered by you or any third party arising out of any event or events beyond our reasonable control.

We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

We will not be liable to you in respect of any loss or corruption of any data, database or software.

We will not be liable to you in respect of any special, indirect or consequential loss or damage.

You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the Website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

12. Breaches of these terms and conditions

Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

  1. send you one or more formal warnings;
  2. temporarily suspend your access to our Website;
  3. permanently prohibit you from accessing our Website;
  4. block computers using your IP address from accessing our Website;
  5. contact any or all your internet service providers and request that they block your access to our Website;
  6. commence legal action against you, whether for breach of contract or otherwise; and/or
  7. suspend or delete your account on our Website.

Where we suspend or prohibit or block your access to our Website or a part of our Website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

13. Variation

We may revise these terms and conditions from time to time.

We will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our Website from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our Website.

If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the Website, and you must stop using the Website.

14. Assignment

You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions in case of Novation, Merger, Acquisition, Split into several entities and similar cases.

You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

15. Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

16. Third party rights

These terms and conditions are for ours and your benefit, and these terms and conditions are not intended to benefit or be enforceable by any third party.

The exercise of the parties' rights under these terms and conditions is not subject to the consent of any third party.

17. Indemnification

Upon a request by us, you agree to defend, indemnify, and hold us, our employees, contractors, officers, directors, agents, parent, other affiliated companies, suppliers, successors, and assigns harmless from all liabilities, claims, demands and expenses, including attorney's fees, made by any third party that arise from or are related to:

  1. your access to the Site,
  2. your use of the Services, or
  3. the violation of this Agreement (including without limitation the Terms of Use, the Acceptable Use Policy, and the Additional Terms), or of any intellectual property or other right of any person or entity, by you or any third party using your Credentials.

The foregoing indemnification obligation does not apply to liabilities, claims and expenses arising as a result of our own gross negligence or intentional misconduct.

18. Entire agreement

These terms and conditions, together with our Privacy,Privacy Policy & Cookies and Cancellation Policy, shall constitute the entire agreement between you and us in relation to your use of our Website and shall supersede all previous agreements between you and us in relation to your use of our Website.

19. Changes

We may change these Terms of Use and the other documents consisting of the Agreement at any time, as we consider reasonably appropriate. Upon any amendment, we will post the new terms on the Site and we will notify the current users by means of e-mail. Your continued use of the Site and/or the Services following such posting shall constitute your affirmative acknowledgement as well as legal agreement to the newer Terms and Conditions and other applicable Agreement document. Instead, in case you do not agree with the revised terms, you have to stop using this Website and its services. Hence, we encourage you to periodically review these Terms and Conditions.

20. Law and jurisdiction

These terms and conditions shall be governed by and construed in accordance with the law of the Netherlands.

Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Eindhoven, the Netherlands.

21. Statutory and regulatory disclosures

We are registered in the KVK register under the number 64507254; you can find the online version of the register at www.medx.care, and our registration number is 000033325871.

We report to the Dutch Data & Privacy Authority.

We are registered as MEDx eHealthCenter B.V. in The Netherlands.

22. Our details

This Website is owned and operated by MEDx eHealthCenter B.V..

We are registered in The Netherlands under registration number 64507254, and our registered office is at De Run 4630, 5504 DB Veldhoven, The Netherlands.

Our principal place of business is at De Run 4630, 5504 DB Veldhoven, The Netherland.

You can contact us by using our Website contact form, or by sending an e-mail to info@medx.care

Cancellation Policy MEDx eHealthCenter

Medx.care provides the Healthcare Seeker with the opportunity to book and plan appointments with a Healthcare Provider. However, due to certain circumstances, it can be necessary to cancel an appointment or re-schedule it. Medx.care cancellation policy therefore aims at making it possible both for Healthcare Provider and Healthcare Seeker to cancel or re-schedule booked appointments and hereby provides the terms of the cancellation policy.

This cancellation policy is applicable for online booked appointments only wherein a payment has been made through the payment gateway on www.medx.care.

This cancellation policy does not apply to clinic consultations or any other form of consultation for which no monetary transaction has taken place on www.medx.care or any of its associated mobile applications.

1. Responsibilities Healthcare Seeker:

  1. Healthcare Seeker is responsible for choosing the day and time of the appointment with the selected Healthcare Provider
  2. Healthcare Seeker is responsible for cancelling on time a booked appointment with Healthcare Provider

2. Responsibilities Healthcare Provider:

  1. Healthcare Provider will be available for consultation services to Healthcare Seeker at the appointed time
  2. Healthcare Provider is responsible for cancelling on time a booked appointment with Healthcare Seeker

3. Inappropriate use:

We monitor the use of this service and we are sure that you will find it useful. However if we find any abuse of the service, we will revoke your access to the service. Medx.care considers the following as inappropriate use of the Services:

  1. Sending inappropriate or abusive messages
  2. Booking of appointments by Healthcare Seeker and not showing up at the appointment 5 times consecutively.

4. Refunds

All refunds are processed by 3G Direct, our payment services provider and can take up to 14 days to reflect in your account. The mode of refund will be the same as the one through which the original payment was received.

5. Cancellation by Healthcare Seeker

If Healthcare Seeker cancels a confirmed online booked appointment, he will be refunded the paid amount after deducting the penalties as applicable below.

  • 50% deduction if cancelled less than 1 hour before the appointment slot
  • 0% deduction if cancelled more than 1 hour before the appointment slot
    • Case of force major or circumstance beyond Healthcare Seeker’s will
      In case Healthcare Seeker is prevented to attend a booked appointment due to a circumstance of emergency, he will be refunded 100% of the amount paid by him/her only after reporting the emergency at www.medx.care on the online contact form 24 (twenty four) hours after one hour of the online booked appointment time.
      • Example: appointment is booked online with Dr. XYZ for Thursday at 2.30 pm, but Healthcare Seeker cannot make it because of an emergency beyond his control. Healthcare Seeker has the obligation to report the emergency between Thursday 3.30 pm (one hour after the online booked time) and Friday 3.30 pm on the online contact form. Failure to re to report within those 24 hours will result in a “No-Show”, and Healthcare Seeker will not be refunded.

6. Cancellation by Healthcare Provider

  • If Healthcare Provider, after having confirmed the appointment, cancels it at any point in time, Healthcare Seeker will be refunded 100% of the amount paid by him/her through www.medx.care payment gateway.
    • Case of force major or circumstance beyond Healthcare Provider’s will
      In case Healthcare Provider is prevented to attend a booked appointment due to a circumstance of emergency, s/he has the obligation to report this on the online contact form 24 (twenty four) hours after one hour of the online booked appointment time.
      • Example: appointment is booked online with Healthcare Seeker XYZ for Thursday at 2.30 pm, but Healthcare Provider cannot make it because of an emergency beyond his control. Healthcare Provider has the obligation to report the emergency between Thursday 3.30 pm (one hour after the online booked time) and Friday 3.30 pm on the online contact form. Failure to re to report within those 24 hours will result in a “No-Show” for Healthcare Provider.

7. No-Shows Healthcare Seeker

If Healthcare Seeker does not cancel the appointment and does not show up for the booked appointment within 30 minutes after the appointed time, the Healthcare Seeker will be marked as a “NoShow” and will not be entitled to any refunds under any circumstances.

8. No-Shows Healthcare Provider

If the Healthcare Provider does not cancel the confirmed appointment & does not show up for the booked consultation within 30 minutes after the appointed time, then Healthcare Provider will be marked as a No-Show and Healthcare Seeker will be refunded 100% of the amount he/she paid through Medx.care’s payment gateway.

9. Issues with the server of Medx.care or with the Healthcare Provider’s infrastructure leading to unproductive booking of appointments

  • Infrastructure here is defined to include but not be limited to:
    • Computing device & its associated peripherals (mobile, laptop, PC, Mac, tablet, keyboard etc.),
    • Internet connectivity, electrical connectivity and any physical setup (tables, chair, space etc.).
  • Should the booking of appointment become materially impossible due to any issues at our server or Healthcare Provider’s infrastructure, please raise a complaint with us through the online contact form. Medx.care will investigate the matter and should the fault lie with Medx.care’s or the Healthcare Provider’s infrastructure, Healthcare Seeker will be refunded with 100% of the amount paid through Medxcenter’s payment gateway.
  • Any issues with Healthcare Seeker’s infrastructure shall be deemed the exclusive responsibility of Healthcare Seeker and as such will not entitle him/her to any refunds whatsoever under any circumstances.

10. Medx.care ’s liability in refunding

  • The maximum aggregate liability to Healthcare Seeker you (and any other party that has an interest in the booking) in relation to any booking made through us (whether in contract, tort or otherwise) shall be limited solely to the value of the booking fee that has been paid for that booking.
  • All refunds are subject to Medx.care internal investigations and our decision in the matter will be considered final.