Terms of Service

Bookimed

Last Updated: 23/04/2018


These Terms of Service (the “Terms”) together with Our Privacy Policy form the entire Agreement between Bookimed Limited with its principal office at 31/F.,CHINACHEM CENTURY TOWER, 178 GLOUCESTER ROAD, WANCHAI, HONG KONG (hereinafter referred to as “Bookimed”, “Company”, “We”, “Us”, “Our”) and You as an individual (hereinafter referred to as “You”, “Your”, “User”, “Client”, “Patient”).

This Agreement governs the use of Company’s Website https://bookimed.com/ (the “Website”) and Services rendered by Bookimed (the “Service”, “Services”).

By using the Website and/or the Services You hereby warrant that You agree with the terms set out in this Agreement and You will apply best efforts in order to comply with these Terms. In the event You disagree with this Agreement in full or any portion of it, please immediately stop using the Website and/or the Services.

Bookimed reserves the right to, from time-to-time, introduce changes to the terms of the Agreement with or without prior notification to You as a User. It is Your sole responsibility to periodically check for any changes or updates to this Agreement. If You do not agree with the new updated version of the Agreement please stop using the Website and/or the Service.

NOTE: In order to use the Bookimed Website and/or the Service You must be of legal age to do so and to be eligible to operate such Website or Service according to the applicable legislation. If You are not of legal age please stop using the Website and/or the Service. We reserve the right to terminate the Agreement between Bookimed and an individual of under legal age at Our sole discretion and without notice to the individual.


SERVICE

Bookimed Service is a platform that provides information about medical services and their providers to the User. By using the Website and/or the Service You, as a User, are provided with a range of medical service providers, including but not limited to hospitals and clinics (“Medical Providers”).

Bookimed does not assign a Patient with a specific Medical Provider, it simply provides a list consisting of most suitable Medical Providers based on specific needs of a Patient (e.g. language, country, medical status etc.). Such list of Medical Providers will include: the name, address, expertise, specialization etc. of a Medical Provider. According to the list, a Patient is entitled to choose which Medical Provider to make an appointment with.

The information, regarding the Medical Providers, that is available on the Website is gathered either from the Medical Providers themselves or by manually gathering such information from sources We believe are reliable. We do Our best to make sure that such information is accurate and up-to-date. However, Bookimed cannot guarantee and cannot be held responsible for the accuracy and preciseness of such information. Bookimed will not be liable for failure to provide accurate information from a Medical Provider, nor shall the Website be regarded as a representation, recommendation or endorsement of the service quality and the specialization of the Medical Providers.

NOTE: Bookimed is not a medical service provider, but an intermediary between the User and the Medical Provider. Therefore, any information provided on the Website and/or through the Service including, but not limited to, the information provided by the Medical Providers and any other third-parties cannot be viewed as a proper medical consultation or medical examination and cannot be used to on one’s own to decide whether to proceed to the medical treatment or to terminate it.


SERVICE PROVISION AND ADDITIONAL SERVICES

Generally, Users do not pay for Bookimed’s Services. However, there may be an option to order additional services for additional payment, for more detailed information related to the provision of additional services please contact us via email info@bookimed.com.

In case User does order some additional services Bookimed will send a confirmation email of such order, which shall be regarded as an Offer to conclude a contract. Proceeding to the link attached to the email is considered as an Acceptance of the Offer, such Acceptance is binding. Therefore, by proceeding to the link attached to the email User explicitly agrees to make a payment for ordered services.


PERSONAL ACCOUNT

In order to get full access to Bookimed’s Services, creating a Personal Account may be required. Personal Account is created automatically, once You submit a request on the Website. Personal Account may be used for provision and correction of Your personal information (for more detailed information related to the collection, use and/or transfer of Your personal information please familiarize Yourself with Our Privacy Policy). Moreover, You may upload Your medical records in the Personal Account. Also, You may submit Your request and choose one of the presented Medical Providers using the Personal Account. In Your Personal Account You may also leave a feedback about the conversation quality with one of Our coordinators.

SECOND OPINION

Bookimed provides its Users with Second Opinion upon User’s request.

Second Opinion is a Service provided by Bookimed, the Service includes an evaluation of User’s past and present condition(s), analysis of medical history, diagnosis and treatment plan conducted by Our coordinators. Provision of this service may depend on User’s condition. In order to be able to utilize the Second Opinion service, User should get a primary care from a local medical specialist prior to proceeding to the use of the Bookimed’s Second Opinion.

By ordering the Second Opinion service the User agrees and accept that:

  • The diagnosis received is limited and provisional;
  • The Second Opinion is not considered nor aimed to replace a full medical evaluation or an in-person visit to a physician;
  • The medical specialists who are providing services through the Website and its portals do not possess crucial information which is usually gathered through an in-person examination;
  • The absence of an in-person examination may affect the medical specialist’s ability to diagnose Your condition, disease or injury.

Furthermore, the User agrees that Bookimed reserves a right to review at any time the User ’s medical records from before and after Your interaction with the Website and its portals, and any records created as a result of received services. Bookimed may request additional medical records including, but not limited to, records related to care the User received after obtaining the services. Requested records may be reviewed by Bookimed in order to get better a understanding of the course of treatment for User ’s condition(s) including information related to outcomes and costs, also such reviewing may be used to improve treatments and recommendations. Moreover, the User agrees that in case that Bookimed does not have the right specialist in the Provider’s network, Bookimed may contact third-parties outside of Bookimed’s network.

Furthermore, by requesting any services through the Website or its portals, the User provides Bookimed with the authority to collect, store User’s medical records and/or to transfer them to the designated physician(s) appropriate for the User’s case. Also, the User agrees that the Second Opinion will not be used in any kind of legal proceedings including, but not limited to, legal disputes, litigation, arbitration, claim for disability benefits etc.

The User has a right to provide medical records on behalf of a third-party, but only if User provides prior notification to Bookimed that:

  • The third-party is a User ’s family member;
  • The User received a prior consent from the third-party to represent him/her;
  • The third-party is not able to send a request via Website or its portals by him/herself.

Note: in order to receive any kind of services from Bookimed, the User shall provide current and accurate identification, contact and any other relevant information required to verify User’s identity and eligibility. It is within User’s sole responsibility to maintain the accuracy and completeness of this information. By providing such information User states that the information is true and accurate.


When all of required documentation is received and documents are complete and accurate, Bookimed will proceed to gather the User’s medical records and afterward will create a Medical Case. In accordance to the information provided, Bookimed will match User’s medical case with up to 3 (three) different Medical Specialists in Bookimed’s network of Providers or outside of it, medical specialist will be picked according to the specialty which User’s diagnosis falls under. The User has a right to choose which medical specialist will provide the User with Second Opinion. After choice was made Bookimed will collect the complete medical records in accordance with Medical Specialist’s need to provide a Second Opinion. We will inform You via email once the full Medical Case is ready, also We will forward the Case to the Medical Specialist of Your choice. User shall receive a Second Opinion service within 3 (three) working days after We receive the complete documentation from Your part. Second Opinion will be sent via email, with the Medical Specialist’s opinion on the User’s condition(s).

LIMITATION OF LIABILITY, INDEMNIFICATION

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, BOOKIMED DOES NOT MAKE ANY PROMISES OR QUALITY DECLARATION ABOUT THE SERVICES RENDERED BY IT AND DOES NOT PROVIDE ANY GUARANTEES REGARDING THOSE SERVICES.

BY USING THE WEBSITE ITS PORTALS AND SERVICES YOU EXPLICITLY CONFIRM THAT YOU UNDERSTAND AND TAKE RESPONSIBILITY AND ASSUME ALL RISKS, DIRECT OR INDIRECT, RESULTING FROM THE USE OF THE WEBSITE WITHOUT LIMITATIONS.

BOOKIMED AND ITS EMPLOYEES, MANAGEMENT, PARTNERS, SHAREHOLDERS, AND AGENTS DO NOT BEAR ANY RESPONSIBILITY FOR FAILURES OF ANY KIND OR SHUTDOWN OF THE WEBSITE RESULTING IN LOSS OF BUSINESS INFORMATION, PROFIT OR OTHER FINANCIAL LOSSES DUE TO CLAIMS OF ANY KIND, LOSSES, PETITIONS, ACTIONS OR OTHER EVENTS OCCURRING DUE TO VALIDITY OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATIONS THE WEBSITE NAVIGATION, USE, ACCESS TO ANY FILES OR THEIR PARTS. ALSO, ANY RIGHTS INCLUDING EVEN IN THE EVENT BOOKIMED WAS ADVISED OF THE THEORETICAL POSSIBILITY OF SUCH DAMAGES, IRRESPECTIVE OF WHETHER THE OCCURRING EVENT AND DAMAGE WERE THE RESULT OF INFRINGEMENT ON INTELLECTUAL OR ANY OTHER PROPERTY, BASED ON A BREACH OF LAW, NEGLIGENCE, CONTRACT LIABILITIES OR OTHER SIMILAR CASES AND SITUATIONS, OR NOT.

BOOKIMED BEARS NO LIABILITY FOR THE CORRECTNESS, COMPLETION AND UP-TO-DATENESS OF ANY INFORMATION PROVIDED BY PROVIDERS AND/OR ANY OTHER THIRD-PARTIES ON THE WEBSITE.

THERE MAY BE LINKS TO THIRD-PARTY WEBSITES ON THIS WEBSITE. SUCH LINKS ARE PROVIDED SOLELY FOR THE CONVENIENCE OF THE USER. BOOKIMED SHALL NOT BEAR ANY LIABILITY IN CASE OF ANY DAMAGES OR LOSSES, DIRECT OR INDIRECT, DUE TO A VISITATION ORIGINATING FROM BOOKIMED, OR TO THE USE OF SERVICES FROM THIRD-PARTY WEBSITES.

MOREOVER, CONSENTING TO THE TERMS OF THIS AGREEMENT, THE USER AGREES TO INDEMNIFY, DEFEND AND HOLD BOOKIMED, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS AND AGENTS (COLLECTIVELY, THE "BOOKIMED PARTIES") HARMLESS FROM AND AGAINST ALL CLAIMS, LIABILITY, LOSSES, DAMAGES, COSTS AND EXPENSES (INCLUDING REASONABLE LEGAL FEES) INCURRED BY ANY BOOKIMED PARTY AS A RESULT OF, OR IN CONNECTION WITH, ANY BREACH OR ALLEGED BREACH BY THE USER OR ANYONE ACTING ON THE USER’S BEHALF OF ANY OF THE TERMS OF THIS AGREEMENT.

DATA PROTECTION

In order to receive complete Website functionality and get access to all of the Website’s features, You are required to provide certain private information including, but not limited to, personal, specific and sensitive information.

We respect the confidentiality of private and personal information of all cooperating parties.However, there is no perfect secure method of protecting information during its storage, processing, and transfer into electronic form, We do not give the full warranty of its complete safety, despite all efforts made by the Bookimed.

For more information about the procedure of collection, use, and/or disclosure of the User’s confidential information, please read the Privacy Policy. The User is strongly advised to become familiar with Privacy Policy.

INTELLECTUAL PROPERTY

All of the Website assets, including the system of organization and presentation of the materials at the Website, are the property of Bookimed. These materials include but are not limited to, the design, layout, look appearance and graphics. Website and its materials are protected by legal and subordinate acts relating to intellectual property including but not limited to copyright laws and other similar laws.

Unconditioned use and reproduction of the materials presented at the Website without the written permission of Bookimed is prohibited.

You may only use the Website (including all the related materials to it) for Your personal, non-commercial use. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of Bookimed materials. When using any information from Bookimed site, active link referring to the source is mandatory.

WEBSITE UPDATES

We regularly update technical, content and other information on the Website. However, We make no claim in guaranteeing the completeness, accuracy, and compliance of the information provided at the Website. We are able to add, review or delete information, resources, and services posted on the Website.

SOFTWARE AND COMPUTER VIRUSES

At times, Website failures may happen due to an Internet connection, software operation, data transmission, etc., and it is possible that incorrect or incomplete copy of the information contained at the Website pages may occur. Similarly, the Website pages may contain malicious code or programs infected with computer viruses.

We are not responsible and bears no liabilities connected to the work of any software, the presence of any computer viruses or other elements with malicious code, the presence of destructive or unsafe files that can be distributed or otherwise affect software and hardware upon the User’s review of the Website, the access to any information on the Website, or the downloading of any files from the Website. Bookimed does not purposely distribute any kinds of viruses, however the Company strongly encourages the use of anti-virus software or other protective programs during interaction with all Websites.

FORCE MAJEURE

In no event shall Bookimed be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services.

APPLICABLE LAW

The validity, interpretation, and enforcement of this Terms of Use, matters arising out of or related to performance or breach of this Terms of Use, and related matters shall be governed by the internal laws of Hong-Kong. Any legal action or proceeding concerning the validity, interpretation, and enforcement of this Terms of Use, matters arising out of and/or related to performance or breach of this Terms of Use, and related matters, shall be resolved by negotiations. In case it is impossible to reach common solution through negotiations all disputes shall be brought exclusively in the Hong-Kong’s courts located in Hong-Kong. All parties consent to the exclusive jurisdiction of those courts, waiving any objection to the propriety or convenience of such venues.

SEVERABILITY

Any provision of these Terms of Service that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

ASSIGNMENT

The User may not assign or transfer any of User’s rights or obligations under these Terms of Service without Company’s prior written consent. The Company may assign or transfer any or all of Company’s rights under these Terms of Service, in whole or in part, without obtaining User’s consent or approval.

WAIVER

Company’s failure or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver thereof.

HEADINGS

Headings of provisions are for convenience only and shall not be used to limit or construe any provisions of these Terms thereof.

CONTACT US

Should You have any questions or comments regarding the Terms of Service, You may contact us at info@bookimed.com.

Disclaimer: The original, legally binding version of this document is written in English, and it is translated into other languages for the courtesy of Our non-English-speaking users. If there are any discrepancies between the English version and a translated version, the English version supersedes the translated version.