TERMS OF USE

TERMS AND CONDITIONS OF USE OF THE MEDICAIM WEBSITE

www.medicaim.com

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

1. GENERAL PROVISIONS
1.1 INTRODUCTION TO THE COMPANY

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.

1.2 Definitions

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.

1.3 FIELDS OF APPLICATION

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.

2. SERVICE DESCRIPTION
2.1 SERVICE GOAL

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 medical service(s) that may be provided by the Health Professional or by the Health Establishment in connection with the medical specialty(s) practiced and recognized by the Authorities of the country under its authority.
  • The location of the Health Professional or Health Facility
  • The calendar availability of the Health Professional or Health Facility
  • The fees charged by the Health Professional or the cost of the service provided by the Health Facility

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.

2.2 OPTIONAL SERVICES

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:

2.2.1. The second medical opinion from a distance.

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:

  • the second opinion is not a substitute for primary care. Thus, the User can only access the services of the second medical opinion remotely once he has received a first diagnostic opinion issued by a health professional.
  • that the second opinion can only be issued on the basis of documents provided by the User. The "second opinion" service does not require a physical meeting or clinical examination, except in the event of a request made to this effect by the User and subject to the availability of the healthcare professional requested.

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 :

  • Guarantee the identification and authentication of the health professional thus requested
  • Guarantee the quality of "doctor" of the health professional solicited. In this respect, MEDICAIM will take the precaution of asking the Suppliers for its number identifying it as a health professional (ADELI n°, RPPS...), if necessary its titles and diplomas.
  • Guarantee the adequacy between the request formulated by the User and the competence of the requested Health Professional. Thus, a doctor, bound by professional secrecy, will be entrusted by MEDICAIM, after reading and analysing the documents communicated by the User, with identifying the required medical skills as well as the identity of several health professionals who may correspond to the file submitted. It is the User's responsibility to personally choose the health professional he or she charges with issuing a second opinion.
  • Guarantee the confidentiality of exchanges. In this respect, MEDICAIM accepts the obligation to respect professional secrecy and undertakes to prohibit any access to the information thus provided by the User by any unauthorised person.

However, MEDICAIM cannot guarantee:

  • The content as well as the quality of the second opinion issued, which is the responsibility of the Health Professional requested
  • The usefulness, quality, completeness, authenticity or not of the documents in the medical file transmitted by the User requesting the second opinion
  • The deadline for returning the second notice, which is in principle 96 working hours after receipt of the complete documentation sent by the User.

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.

2.2.2. Personal assistance CARETEAM MEDICAIM.

MEDICAIM offers personal assistance to the User who authorises MEDICAIM to manage his request in an operational manner.

Personal Assistance therefore consists of:

  • Assist in the qualification of the User's health need
  • Search for the services corresponding to the identified need
  • To proceed to a competition of the Suppliers to allow the User to benefit from the best quality/price ratio
  • Make appointments with health professionals
2.2.3. Airport - Hotel - Hospital Transfer

This service includes a car service with driver.

2.2.4. Visa Assistance Service

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.

2.2.5. Medical interpreter service on site.

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.

2.2.6. VIP concierge service

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:

  • Organize the trip (choice of the most appropriate means of transport, choice of schedules, choice of service provider, price in charge on arrival...)
  • Organize the stay on whose territory the medical care via MEDICAIM will be carried out (overnight stay, catering...)
  • Provide an interpreter
  • Offer post-operative insurance
  • Make appointments with the desired health professionals....
2.3. CONDITIONS OF ACCESS TO THE SERVICE

All Users have access to the Service as soon as they accept and acknowledge that they meet the following conditions:

  • Be of legal age and have the legal capacity to subscribe to these T&Cs. The User may, in his capacity as legal representative of a person legally incapable or declared as such by a judicial authority (minor, adult incapable under guardianship) subscribe to these T&Cs as soon as he demonstrates that he is authorised to do so by the person he represents or by the judicial authorities. In this respect, the User is responsible for the information he or she transmits to MEDICAIM.
  • Acknowledge that you have read and understood all of these General Conditions of Use and accept them without restriction or reservation.
  • Consent to the collecting and processing of personal data in order to ensure the proper functioning of the Service, in strict compliance with the rules on the protection of personal data in force within the MEDICAIM Company
  • Create a personal account and provide the information necessary for the smooth operation of the Appointment Booking Service
  • Access the Service using your true identity and undertake to provide authentic information
2.4 SERVICE RESTRICTIONS

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:

  • no response to a request from a User,
  • in case of unavailability of the Health Professional,
  • or the modification or possible cancellation of the appointment.
3. INFORMATION ON HEALTH PROFESSIONALS

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.

4. USER'S OBLIGATION

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.

5. PROTECTION OF PERSONAL DATA
5.1 TYPE OF DATA COLLECTED

In the process of implementing the Service, the User will be required to provide personal data concerning him/her, including:

  • His first and last name
  • His phone number
  • His date of birth
  • His email address
  • His type
  • The subject of his request
5.2 PURPOSE OF THE PERSONAL DATA COLLECTED

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:

  • Forward to the Health Professional the information necessary for the organization and preparation of the User's appointment
  • Allow the User to manage all his appointments at any time via a secure personal account
  • Send administrative emails or SMS messages to the User, (Example: to inform him of the confirmation of an appointment, its modification or cancellation / recall scheduled appointments etc...)
  • Process requests received by MEDICAIM's Customer Service Department

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.

5.3. ACCESS TO INFORMATION

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.

5.4. USE OF COOKIES

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.

5.5. CNIL DECLARATION

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.

5.6. SERVICE OPTION "SECOND OPINION" SERVICE

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.

5.7. RIGHT OF OPPOSITION OF ACCESS, RECTIFICATION, OPPOSITION, ERASURE AND DELETION OF THE USER

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

6. PAYMENTS, DEPOSITS AND ADVANCES

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.

6.1. MEDICAIM Services.

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.

6.2. Services provided by a Health Professional and/or a Health Facility.

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:

  • Either the User cancels the processing operation (as soon as this cancellation falls within the authorised causes of cancellation provided for in Article 7.
  • Either, the Service Provider requests the payment of the deposit to MEDICAIM for its benefit

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.

7. RETRACTATION

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:

  • If the User cancels the treatment 8 to 14 days before the appointment,
  • If the User cancels the processing up to 7 days before the appointment
  • If the User does not show up for the appointment,

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:

  • If the doctor considers, after having examined the patient put in contact through the Service, that he will not proceed with the care requested by the User; this is a medical decision that cannot be questioned by MEDICAIM. In this case, it is the User's responsibility to provide MEDICAIM with a medical certificate indicating that the User is not eligible for treatment up to two (2) weeks after cancellation.
  • A doctor determines that the User is not eligible for a trip; this is a medical decision that cannot be challenged by MEDICAIM SAS. In this case, it is the User's responsibility to provide MEDICAIM with a medical certificate indicating that the User is not eligible for treatment up to two (2) weeks after cancellation.
  • In case of Force Majeure;
  • In the event of death (automatic cancellation).
8. COPYRIGHT
8.1. WEBSITE PROTECTION

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.

8.2. PROTECTION OF DISTINCTIVE SIGNS

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.

9. DISCLAIMER OF LIABILITY
9.1. SERVICE AVAILABILITY

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.

9.2 MODIFICATION OF THE WEBSITE and the T&C

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.

9.3.USER RESPONSIBILITY

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.

9.4.1 LINKS TO THIRD PARTY SITES

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.

10. MAJOR STRENGTH

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.

11. COMPLAINT AND CANCELLATION

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

12. PARTIAL NULLITY

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.

13. APPLICABLE LAW AND COMPETENT COURTS

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.

14. CGU APPROVAL

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.