Terms and Conditions
1.1 These Terms and Conditions (hereinafter referred to as “Terms”) apply to the use of the Medscout website (currently available at www.medscout.com) and services as offered by DeuMedi Deutsche Medizin Service Gesellschaft mbH (referred to below as “We”, “Us”, “Our” etc.) by individuals (referred to below as “You”, “Your” etc.).
1.2 These Terms are the only terms, which apply. General contractual clauses which deviate from these, will not be accepted by Us; communication with You or the provision of services by Us will not be deemed implied acceptance of any deviating general contractual clauses.
1.3 We will not store the contractual terms for You.
2.Scope of Services
2.1 Our service is an Internet platform that provides services to patients seeking treatment in hospitals, clinics or by other health service providers around the world. The Platform contains information on medical treatments offered and provides search functionalities, which allow users to identify health service providers that offer the desired medical services. At Your request and based on information submitted by You we contact hospitals, clinics and other health services provider, which We have previously researched and selected carefully, to provide You with information on such hospitals, clinics and health service providers and on possibilities and costs involved for medical or rehabilitation service as requested by You.
2.2 We do not provide any medical service and assume no warranty for the accuracy of information provided either by You or by the hospitals, clinics or other health service providers, but merely transfer information from You to the hospital, clinic or health service provider and vice-versa.
2.3 Our initial service to provide You with information of hospitals, clinics or other health service providers and cost estimates for potential treatments is free of charge to You.
2.4 Our remuneration is in most cases covered by the hospitals, clinics or other health service providers whom we cooperate with. In a few cases our remuneration will have to be covered by You directly, which We will bring to Your attention before signature of any treatment contract with any of the hospitals, clinics or other health service providers whom we cooperate with.
3.Conditions of Use, User Obligations
3.1 You must have full legal capacity and be at least 18 years old.
3.2 You undertake to only make accurate and complete statements when submitting information to Us or to a hospital, clinic or other health service provider by using our services.
3.3 In case your medical situation or any other information that You have submitted changes or You have become aware that the information submitted was not accurate or was incomplete, You will immediately inform Us in writing to update the relevant information.
3.4 By submitting copyrighted material or material that is subject to other intellectual property rights You grant Us a non-exclusive, perpetual limited world-wide license to use this material to the extent required to perform our services as agreed with You. This license includes particularly the right to store and communicate such material to a hospital, clinic or other health service provider to obtain information on possible treatment for you and a quote on the cost associated with such treatment.
4.1 We shall only be liable for damages incurred by You (1) that Our directors, employees or agents have caused by intent or gross negligence; (2) resulting from death or personal injury caused by a breach of obligations by Our directors, employees or agents; (3) covered under the Product Liability Act (Produkthaftungsgesetz), a contractual guarantee or resulting from wilful deception by Our directors, employees or agents and (4) caused by the breach of an obligation that is required for the performance of the agreement and that the contract partner can normally expect not to be breached (“Kardinalpflicht”).
4.2 Our liability in cases (1), (2) and (3) as described in the preceding paragraph 4.1 is unlimited, otherwise Our liability is limited to the foreseeable and typical damage.
4.3 In any other events than those set out in paragraph 4.1 and without prejudice to the following paragraph 4.4 Our liability shall be excluded.
4.4 The preceding limitations of liability shall apply mutatis mutandis to any personal liability of Our directors, employees and agents. They shall not change the statutory rules on the burden of proof.
5.Intellectual Property Rights, External Links
5.1 All intellectual property rights of the website (including text, graphics, software, photographs and other images, videos, sound, trademarks and logos) are owned by Us or Our licensors. Except as expressly set out herein, nothing in these Terms gives You any right in respect of any intellectual property owned by Us or Our licensors and You acknowledge that You do not acquire any ownership rights by downloading any information, accessing the website or using the service.
5.2 Our website may, from time to time, include links to external sites, which may include links to third party offers and promotions. We include these to provide You with access to information, products or services that You may find useful or interesting. We are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. The fact that We include links to such external sites does not imply any endorsement of our association with their operators or promoters.
7.1 DeuMedi Deutsche Medizin Service Gesellschaft mbH is set up as a limited liability company under German law.
7.2 These Terms shall be governed by German law to the exclusion of the rules on the Convention on the International Sale of Goods (CISG) and the rules for conflicts of laws. The courts of Berlin shall have exclusive jurisdiction on any dispute arising on or about these Terms and/or the legal relationship between You and Us and you irrevocably submit to the jurisdiction of the courts of Berlin.
7.3 These Terms represent the entire agreement between You and Us in relation to the use of Our website and Our services.
7.4 If individual provisions of these Terms should be or become ineffective in full or in part, the contract will remain otherwise effective. If We fail to enforce any of our rights, that does not result in a waiver of such right.
7.5 You may not transfer or assign any or all Your rights or obligations under any contract with Us.
7.6 All notices given by You to us must be given in writing to the address set out in the imprint of the website. We may give notice to you at either the email or postal address You provided Us when contacting Us.