BEFORE PROPOSALS
MEDICAIM is a platform for connecting with health professionals or health institutions around the world and is not intended to provide advice on user health.
MEDICAIM's only ambition is to facilitate the research of practitioners and care in all medical specialties and all over the world.
IN CASE OF AN EMERGENCY, CALL 112 OR GO DIRECTLY TO THE NEAREST EMERGENCY RECEPTION SERVICE
The MEDICAIM Service is published by the MEDICAIM Company, hereinafter also referred to as MEDICAIM.
MEDICAIM is a simplified joint stock company with a share capital of €1,000, registered in the Paris Trade and Companies Register under number 833 829 328 and whose registered office is located at 138 avenue Malakoff, 75 116 PARIS.
The MEDICAIM.com website is hosted by OVH, an approved provider of personal health data, located at 2 rue Kellermann, BP 80 157, 59053 Roubaix CEDEX 1.
For the purposes of these General Terms and Conditions of Use, specific terms are defined as follows:
Terms and Conditions of Use :refer to the general conditions of use of the services (www.medicaim.com) subscribed by the User.
Data(s) : All computer data (health professional or patient) hosted as part of the use of the service.
Equipments : any electronic support allowing an Internet connection.
Health establishment: refers to any institution authorized to manage the health of patients, users of the health system. It may be a public institution, as well as a private for-profit or non-profit institution. They may also be a private health establishment recognized as being of collective interest (ESPIC).
Incidents :refers to any anomaly or malfunction of the Services regardless of misuse.
Provider : refers to Health Professionals and or Health Establishments, having subscribed to a membership contract with the MEDICAIM Company.
Service : refers to any medical or health care consultation or act proposed and carried out by a Health Professional or Private or Public Health Institution having subscribed a contract with MEDICAIM.
Health Professionalor Practitioner : refers to health professionals who have subscribed to a contract of membership of the MEDICAIM Service.
Servers : refers to the IT infrastructure connected to the Internet network that hosts the www.medicaim.com website and the data collected as part of the use of the service.
Service : refers to all the services offered by MEDICAIM via the www.medicaim.com Website as defined in section 2. Description of the service.
Website : refers to the website www.medicaim.com published and operated by MEDICAIM and providing access to the Services.
Company : refers to the MEDICAIM company that publishes and operates the Website and provides the Service to Users, Health Professionals and Health Facilities.
User ou Patient: refers to any natural person who accesses the Website and benefits from the Service for strictly private use.
Access to and use of the site is subject to acceptance of and compliance with these General Terms and Conditions of Use, hereinafter referred to as the GCU, which the User acknowledges having read and understood.
Any foreign User expressly accepts the application of French law when using the Service.
In the event of disagreement with the T&Cs, no use of the site may be made by the User.
The Service offered by MEDICAIM aims to improve the flow and guarantee the quality of care for Patients (Users) by Health Professionals and/or Health Facilities.
In this way, MEDICAIM facilitates contact between the User and a Health Professional or between the User and a Healthcare Institution. In this respect, MEDICAIM provides information to the User in connection with his initial request, which he submits via a form accessible via the Internet Site: www.medicaim.com.
The information so provided is:
The User remains free to choose. Indeed, MEDICAIM is not intended to replace the free choice of the User, the Health Professional and/or the health facility he/she consults.
MEDICAIM makes available via its website www.medicaim.com optional services to which the User may subscribe. The price of optional services can be found on the corresponding website page.
These services are:
MEDICAIM offers the User access to a second medical opinion by submitting to a doctor the necessary medical documents so that he can make a decision in accordance with the rules of good medical practice applicable in the territory.
The digital platform is hosted by an approved health data host and complies with secure access requirements. As such, MEDICAIM is able to guarantee the confidentiality of the medical and personal information that the User transmits.
The User knows that:
MEDICAIM proposes to the User to make available on a digital platform, access to which is available via the website www.medicaim.com, all the documents in his medical file useful to enable the health professional, whose opinion is requested, to express an opinion.
To do this, the User must create a personal account by entering his identity and contact details. This personal data will be accessible to MEDICAIM, the site administrator.
The creation of the account is dependent on the choice of a User Name and Password.
The User is alone and entirely responsible for the use of the User IDs and Password. It is therefore responsible for implementing all the necessary security measures to protect them. Under no circumstances may the MEDICAIM Company be held liable for the fraudulent use of a User's account if the latter has directly or indirectly, voluntarily or involuntarily informed a third party of his password
In the case of loss or theft of the Username and Password, or if the User has knowledge of their use by an unauthorized third party, he must immediately inform the MEDICAIM Company by contacting it at the following address: MEDICAIM 138 avenue Malakoff, PARIS 75 116 or by email: contact@medicaim.com
MEDICAIM, in its quality of provider of the "second remote medical opinion" service, undertakes to the User to :
However, MEDICAIM cannot guarantee:
MEDICAIM not practising medicine, cannot therefore be held liable for any prejudice of any kind whatsoever, of any seriousness whatsoever, following the issuance of the second opinion.
MEDICAIM offers personal assistance to the User who authorises MEDICAIM to manage his request in an operational manner.
Personal Assistance therefore consists of:
This service includes a car service with driver.
This service covers the provision of an invitation letter, necessary to obtain a medical treatment visa. Under no circumstances does MEDICAIM undertake to obtain the visa for which the Authorities are responsible.
This service includes an experienced medical interpreter who accompanies the User during medical consultations and hospitalization. This service can only be booked for a minimum of two hours per stay.
MEDICAIM offers reduced rates for medical interpreting for more than 8 hours.
MEDICAIM offers an all-inclusive personal assistance service package which consists of carrying out, on first request, all the necessary steps so that the User can benefit from the medical care chosen via the website www.medicaim.com without having to worry about his material organisation.
In this way, MEDICAIM can:
All Users have access to the Service as soon as they accept and acknowledge that they meet the following conditions:
The implementation of the Service as well as the information declared by the Health Professional are under his full responsibility.
The MEDICAIM Company cannot be held liable for the non-execution or improper execution of the Service proposed by the Health Professional and cannot be held liable for any costs incurred by the User in this context.
In addition, the Company cannot be held responsible for the information declared and displayed by the Health Professional, whether in terms of its quality or titles, its agenda or any information intended for the User.
The use of the Service by the Health Professional does not in any way exempt or mitigate the Health Professional from his professional obligations and responsibility towards the User.
In addition, MEDICAIM is aware that the mediation it organises is part of the Patient-Physician relationship, which presupposes a relationship of trust. As such, MEDICAIM agrees not to charge for its mediation service if the User, Patient or Healthcare Professional does not wish to continue their collaboration once the physical meeting is completed.
MEDICAIM wishes to guarantee the free choice of the Patient User, the Health Professional and the Health Professional's conscience clause.
In addition, each appointment request made by the User is subject to the availability of the Practitioner. Under no circumstances may its liability or that of MEDICAIM be sought in the event of:
MEDICAIM provides the Health Professional with a page on which he can provide information about himself or his medical practice (diplomas, fees, etc.).
This information is provided by Health Professionals: it is not verified or validated by the Company and is the sole responsibility of the Health Professional.
In addition, when subscribing to the Service, each Health Professional undertakes to strictly comply with the Code of Ethics applicable to them.
The User undertakes not to access and use the Site or the Service provided by the Company for illegal purposes or with the aim of causing damage to the reputation and image of the Company or more generally to infringe the rights, in particular intellectual property rights, of the Company and/or Health Professionals.
The User undertakes not to use devices or software other than those provided by the Company in order to affect or attempt to affect the proper functioning of the Site or Service or to extract or modify all or part of the Site.
In general, the User undertakes to access and use the Site and Services in good faith, in a reasonable manner, not contrary to the terms of these T&Cs and for strictly personal and non-profit purposes.
In the event of a breach of any of these commitments, and without this list being exhaustive, the User acknowledges and accepts that MEDICAIM may unilaterally and without prior notice refuse access to all or part of the Website and that it reserves the right to take legal action to take legal action against the User as it deems appropriate.
In the process of implementing the Service, the User will be required to provide personal data concerning him/her, including:
The personal data collected is intended to enable the implementation of the online appointment scheduling service. This data is necessary for the proper functioning of the Service and is only used for:
No personal data is transferred or communicated by MEDICAIM except to the manager of the STRIPE payment platform for the purpose of securing the transaction.
Some of the personal information collected may be transmitted to the Health Professional with whom the User has made an appointment request in order to enable him/her to organise the appointment under the best conditions.
By subscribing to the service offered by MEDICAIM, each Professional with access to Users' personal data undertakes to guarantee confidentiality and respect for the professional secrecy to which he is subject.
MEDICAIM undertakes not to transmit this personal data to any other unauthorised third party.
A cookie is a series of information sent by a website to a computer in the form of a small data file. Cookies are useful to facilitate the personalization of access to online services. They can be used for authentication, session, storing specific information such as preferences. Cookies are stored using the web browser used by the user (e. g. Internet Explorer).
There are two types of cookies: session cookies are deleted from your computer when you close your browser, permanent cookies remain stored on your computer after the browser has closed.
Cookies are anonymous and are not used to collect personal information.
The www.medicaim.com Site uses cookies to enable and facilitate electronic communication, provide the online services subscribed to by its Users, analyse the use of the site in order to improve the quality of its sites, collect general (non-personal) data on its customers for targeted communication purposes, including the provision of targeted information on products or services provided by MEDICAIM.
The User is free to accept or reject cookies by configuring his browser (disabling all or part of the cookies).
Disabling cookies may result in the unavailability of some services with which they are associated. It does not prevent access to the non-reserved areas of the site.
In addition, MEDICAIM keeps track of connections to its site, and in particular of their origin. This use is for statistical analysis purposes. The corresponding data do not contain any personal data, and are destroyed after use.
In accordance with the provisions of Law No. 78-17 of 6 January 1978 on Information Technology, Files and Liberties, amended by Law No. 2004-81 of 6 August 2004 and Law No. 2016-1321 of 7 October 2016, the User is informed that the Company's customer files have been declared to the Commission Nationale de l'Informatique et des Libertés (CNIL) under the number 2145491v0
The Company undertakes to protect all of the User's personal data, which is collected and processed by the Company with the strictest confidentiality, in accordance with the provisions of the aforementioned Law.
If the User chooses the additional service "second opinion", personal health data must be transmitted in digital format.
This so-called sensitive data will be hosted and stored at a partner health data host by MEDICAIM.
The User has the right to obtain any information he/she deems useful on this subject without delay by contacting MEDICAIM either by e-mail: careteam@medicaim.com or by post: MEDICAIM 138 avenue Malakoff, 75 116 Paris.
MEDICAIM undertakes not to use personal health data for purposes other than those made necessary for the provision of services SECOND OPINION.
MEDICAIM undertakes not to create a file containing personal health data.
MEDICAIM is committed to guaranteeing the confidentiality of information related to the health of Users.
The storage of personal health data will be the responsibility of the health professional concerned.
In accordance with the "Data Protection Act" of 6 January 1978 amended in 2004 and 2016, and in accordance with Articles 39 and 40, the User has the right to access, rectify, oppose, delete and delete his/her personal data.
To exercise these rights, the User must send a simple letter mentioning his identity (surname, first name, email address and photocopy of his identity document) to the following address:
SAS MEDICAIM
138 Avenue Malakoff 75116 Paris
MEDICAIM processes all payments made via its platform with a third-party payment provider called STRIPE.
The services offered by MEDICAIM are subject to a charge. Nevertheless, the User must distinguish between the tariff proposed by the health professional solicited and/or that of the health care institution and that resulting from the provision of the service proposed by MEDICAIM.
They are free of charge for the User, unless he chooses an optional service (described in article 2.2 of these T&Cs). In this case, before concluding the transaction, the exact amount of the costs incurred will be displayed on the payment page. The User may review and correct the order data before clicking on the "order" button.
When the order is placed, the User receives an automatic confirmation email.
Each service requested by the User must be the subject of an estimate formulated in accordance with the legal and regulatory conditions in force in the territory of the country from which the Service Provider is a national. It is only if the Quotation is accepted by the User that a first payment request can be made by MEDICAIM.
In order to guarantee a reservation with a MEDICAIM Service Provider, the User may be required to provide a credit card deposit ("Deposit") or a down payment ("Down payment"), in the name of the Service Provider. MEDICAIM will process the transaction and keep it for the Supplier in an interest-free trust account.
When making an appointment with one of the Suppliers, the User may be asked to provide his credit card for the entry of a Deposit.
MEDICAIM will communicate and invoice the amount of the respective deposit to the User and keep the initial payment in its trust account without interest until:
If the User does not cancel the appointment and none of the legitimate reasons for cancellation provided for in Article 7 apply, MEDICAIM will charge a cancellation fee based on the Deposit made by the User.
Cancellation fees will be displayed on the payment page and in the confirmation email.
The withdrawal period is a period during which a consumer can renounce a purchase of goods or services.
The use of the right of withdrawal leads to the cancellation of the service ordered. Cancellation is not subject to any costs if the request is received by registered letter with acknowledgement of receipt to MEDICAIM within 15 days before the first appointment with the Service Provider.
However, it is subject to cancellation fees:
In the case of cancellation of the service, the sums paid in respect of Deposits or Advances remain due and cannot be returned to the User unless this cancellation is justified by one of the following 4 reasons:
MEDICAIM is the owner or licensee of the intellectual property rights both of the general structure of the Website and of its content (texts, slogans, graphics, images, photos and other content).
Consequently, any representation, reproduction, modification, distortion and/or total or partial exploitation of the Site, its content or the Service, by any process whatsoever and on any medium whatsoever, without the express prior authorization of the MEDICAIM Company, is prohibited and constitutes acts of copyright infringement.
The Company's trademarks, logos, company names, abbreviations, trade names, trade names, signs and domain names used to access the Service are distinctive signs that cannot be used without the express prior authorization of the MEDICAIM Company.
Any representation, reproduction or partial or total exploitation of these distinctive signs is prohibited and constitutes the offence of trademark infringement, usurpation of a company name, trade name and domain name engaging the civil and criminal liability of its author.
MEDICAIM makes its best efforts to make its Service available 24 hours a day, 7 days a week. However, given the specific nature of the Internet network, the Company does not offer any guarantee of continuity of service, being bound only by an obligation of means in this respect.
The Company cannot be held liable for any damage resulting from the temporary inability to access any of the services offered by the www.medicaim.com website.
MEDICAIM reserves the right to modify, at any time and without notice, the site and services as well as these T&Cs, in particular to adapt them to changes in the site by making new functionalities available or by deleting or modifying existing functionalities without prior notice to Users and without entitlement to compensation.
The User is solely responsible for the use he makes of the Website and the Service he accesses from the Website.
Under no circumstances may the MEDICAIM Company be held liable in any proceedings brought against the User who is guilty of non-compliant use of the Website and/or the Service it provides.
The User acknowledges and accepts in this respect that he/she will be personally responsible for any claim or proceeding brought against the Company as a result of the User's non-compliant use of the Service and/or the Website.
The Website may contain hypertext links to third party websites, in particular to the websites of organisations linked to health and the medical world in general.
In this respect, given the elusive nature of the content that may be disseminated there, the Company cannot be held liable in the event that the content of said third party websites contravenes the legal or regulatory provisions in force.
The Company may not be held liable if the performance of one of its obligations is prevented or delayed due to a case of force majeure as defined by the case law of the French courts, and in particular natural disasters, fires, malfunction or interruption of the telecommunications network or the electricity network.
For any information relating to the operation of the Service, the User is invited to refer to the "Contact Us" section accessible on the Website or to address his complaint to our Customer Service at the following address careteam@medicaim.com
Each User may terminate his or her Personal Account at any time by contacting MEDICAIM at the following address: MEDICAIM SAS 138 AVENUE MALAKOFF 75116 PARIS or by email: careteam@medicaim.com
If one or more provisions of these T&Cs were to be declared null and void by a judicial authority, pursuant to a legal or regulatory provision or by a court decision that has become final, it would be deemed unwritten but would not result in the nullity of the other provisions.
Any disagreement on the interpretation or application of these General Terms and Conditions of Use shall be subject to the jurisdiction of French courts and French law, to the exclusion of any other legislation.
In the event that a particular clause is null, illegal or inapplicable, the validity of the other provisions of the General Terms and Conditions shall not be affected in any way.
In the case of drafting these general terms and conditions in several languages or translation, only the French version will be used.
The User acknowledges and accepts that these General Terms and Conditions have provided clear, fair and appropriate information about the operation of the Service and its rights and obligations.
The User acknowledges having read all the clauses of these general terms and conditions and accepts them without reservation.
