Article 1 Definitions

General Terms and Conditions: These General Terms and Conditions (of Mediqle).
Service: The service that Mediqle provides to the Client, including (international) care mediation and related services and ancillary tasks.
Client: The party (natural or legal person) who enters into an Agreement with the Contractor or for whom the Contractor performs or has performed work in another way. ("Client", "you", "other party" and "your")
Contractor: Mediqle who has declared these General Terms and Conditions applicable. ("Mediqle", "Contractor", "we", "us" and "our")
Agreement The Agreement between the Client and the Contractor, whether or not referred to as a 'basic contract', regarding the services that Mediqle will perform for the Client.
Parties: Client and Contractor / Mediqle
Platform: the Platform that is accessible via the current and future Mediqle websites, including, but not limited to www.mediqle.nl , www.mediqle.com or any other Mediqle websites or pages, that offers you the opportunity to Use service.
Healthcare institution: An organization that focuses on healthcare provision (eg hospital, clinic).
Care recipient: Someone who requests or needs care.
Healthcare provider: Term encompassing all professionals or institutions that provide medical care.

 

Article 2 General

1. These General Terms and Conditions ("General Terms and Conditions") constitute a legal agreement between Mediqle ("Mediqle", "Contractor", "we", "us" and "our") and you, the Person / Client ("Client", "you "," other party "and" your ") with regard to your access to and use of the various services offered through the websites or elsewhere. By using the websites and / or the Platforms, you expressly agree to these Terms and Conditions (mentioned above and below). If you do not agree to these Terms and Conditions, you must immediately stop using and accessing all websites and platforms. Print a copy (including using screen shots) of these Terms and Conditions for your records.

2. These General Terms and Conditions apply between Mediqle and the Client, and are the only terms and conditions that apply. General contractual provisions deviating from this will not be accepted by us; communication with you or the provision of services by us is not considered an implicit acceptance of deviating general contractual provisions.

3. We do not store the contractual terms and conditions for you.

4. Scope of services
   We provide services to Clients who:
   Want a second opinion report remotely:
   At your request and based on information provided by you, we will contact a doctor within our network who is active in the field concerned. At your request, a second opinion report will be requested from the relevant physician. The second opinion obtained is only advice and should be discussed with your attending physician.
   -Find a medical service anywhere in the world:
   Mediqle is an online platform that provides intermediary services to clients who want to be treated by a healthcare provider anywhere in the world. Upon request and on the basis of information provided by the client, we will provide information relating to the relevant healthcare providers, medical service and the options and costs associated with medical services as requested by you.
   -Finding an employee or employer in healthcare:
   We link employees and employers based on the information provided by them (the employee and employer).
   2. We do not provide medical service and do not accept any warranty for the medical service obtained, or for the accuracy of the information provided by you or by the hospitals, clinics, or other healthcare providers and third parties, but only pass on information from you to the hospital, clinic, healthcare provider or third parties and vice versa.

5. A second opinion report and first opinion consultation is only advice and is provided by external parties (third parties). The advice should be discussed with a treating physician.

6. The General Terms and Conditions apply to every assignment given to Mediqle, this also includes any follow-up assignment, additional assignment and any assignment that is directly or indirectly related to the assignment given to Mediqle. All persons involved in the performance of an assignment can also invoke these General Terms and Conditions.

7. These terms and conditions also apply to Agreements with Mediqle, for the implementation of which Mediqle must involve third parties.

8. These General Terms and Conditions have also been written for the employees of Mediqle and its management.

9. Second Opinion also includes First Opinion, First Opinion Consult, A third (third) Opinion.

10. The applicability of any purchase or other conditions of the Client is explicitly rejected.

11. These General Terms and Conditions apply to every offer, quotation, Agreement and legal relationship between Mediqle and the Client to which Mediqle has declared these terms and conditions applicable, insofar as the parties have not explicitly deviated from these terms and conditions in writing.

12. Mediqle can amend or supplement these General Terms and Conditions at any time. The most current General Terms and Conditions can be found on the Platform. If a change to the General Terms and Conditions takes place, the new General Terms and Conditions will be brought to your attention during your next use of the Platform. If you continue to use the Platform after amendment or addition to these General Terms and Conditions, you irrevocably accept the amended or supplemented General Terms and Conditions. The amended or supplemented General Terms and Conditions apply to the activities of new assignments and to the activities of current assignments from the moment the changes take effect, provided the General Terms and Conditions have been made available to the Client. If you do not agree with the amended or supplemented General Terms and Conditions, your only option is to stop using the Service and / or to have your data deleted.

13. If one or more provisions in these General Terms and Conditions are at any time wholly or partially null and void or should be destroyed, the other provisions of these General Terms and Conditions will remain fully applicable. Mediqle and the Client will then enter into consultation in order to agree on new provisions to replace the invalid or voided provisions, whereby the purpose and scope of the original provisions are observed as much as possible.

14. If there is uncertainty about the interpretation of one or more provisions of these General Terms and Conditions, the explanation must be given 'in the spirit' of these provisions.

15. If a situation arises between the parties that is not regulated in these general terms and conditions, this situation must be assessed in the spirit of these general terms and conditions.

16. If Mediqle does not always require strict compliance with these terms and conditions, this does not mean that the provisions thereof do not apply, or that Mediqle would lose the right to demand strict compliance with the provisions of these terms and conditions in other cases.

17. The client must be at least 18 years old and legally competent or under the supervision of a guardian older than 18 years for the use of the Mediqle service.

18. The Websites and Platforms are not intended for persons under the age of 18. If you are under the age of 18, you may not use or access the websites or platforms at any time or in any way. By using the Websites or Platforms, you confirm that you are over 18 years of age or under the supervision of a guardian over 18 years of age.

19. You agree to make correct and complete statements only when you provide information to us or to a hospital, clinic or other Healthcare Provider through our Services that is necessary for the performance of the Agreement.

20. You enable the Care Provider to provide care as agreed in the Agreement and in accordance with regulations on working conditions, such as safety, health and hygiene.

21. You notify us as soon as possible if you discover damage that may have been caused by us.

22. You refrain from conduct that is harmful to our contracted healthcare providers, the health or well-being of other clients and employees.

23. In the event that your medical condition or any other information you have submitted changes or you become aware that the information submitted was inaccurate or incomplete, you will promptly notify us in writing to update the relevant information.

24. You may not make video recordings of other clients and our employees without our permission. If you want to make sound recordings of a conversation with one of our employees for private use, please report this before the conversation. You may make audio recordings of a conversation with one of our employees public without our permission.

25. By submitting any copyrighted material or material covered by other intellectual property rights, you grant us a non-exclusive, permanent, limited worldwide license to use such material to the extent necessary to perform our services as agreed with you . In particular, this license includes the right to store and transfer such material to a hospital, clinic or other Healthcare Provider in order to obtain information about a possible treatment for you and a quote for such treatment.

26. Information on the Mediqle pages and provided by Mediqle is informational only and should not be substituted for professional medical advice and information.

 

Article 3 Quotation, offer, lowest price guarantee and conclusion of the Agreement

1. Mediqle cannot be held to its quotations or offers if the Client can reasonably understand that the quotations or offers, or any part thereof, contain an obvious mistake or clerical error.

2. All prices are in euros, unless stated otherwise by the contractor, exclusive of VAT and other government levies as well as any costs to be incurred in the context of the Agreement, such as travel and other expenses, including but not limited to invoices from engaged third parties. The aforementioned costs are for the account of the Client.

3. All quotations and offers are issued on the basis of the information provided by the Client. The Client is obliged to provide Mediqle with all facts and circumstances that may be important for the correct execution of the assignment, as well as all data and information reasonably required by the Contractor. Client guarantees the correctness and completeness of all data and information provided to Mediqle. Mediqle can never be held liable and / or responsible for any inaccuracies or incompleteness. An assignment is concluded when it has been confirmed by the Client in writing or by telephone.

4. The Client is never entitled to set off the amount owed by him to Mediqle. Objections to the amount of an invoice do not suspend the payment obligation. The Client who is not entitled to invoke Section 6.5.3 (Articles 231 to 247, Book 6 of the Dutch Civil Law) is also not entitled to suspend payment of an invoice for any other reason.

5. In the event of a composite quotation, Mediqle is not obliged to perform part of the composite quotation that is in accordance with a part of the stated price. Quotations and offers are not automatically valid for future assignments.

6. If the acceptance (whether or not on minor points) deviates from the offer included in the quotation or offer, Mediqle is not bound by it. In that case, the agreement will not be concluded in accordance with this deviating acceptance, unless Mediqle indicates otherwise.

7. Lowest price guarantee
   The lowest price guarantee only applies to the treatment itself, excluding accommodation logistics and additional services.
   In case you find a lower price for a treatment for which a lowest price guarantee applies (Note: not all treatments have a lowest price guarantee). Then we match that price if the following conditions are met.
   -The cheaper offer is from a healthcare provider contracted by us (hospital, clinic, doctor).
   -The cheaper offer concerns a treatment in which a lowest price guarantee is explicitly mentioned.
   -You have previously requested a quote through us for exactly the same treatment from the same healthcare provider. And the quotation you have received from us is not older than 48 hours.
   -The cheaper offer is scheduled for the same date and duration as the offer you previously requested through us.
   -The cheaper offer you have received must be an official offer including concrete evidence and we must be able to verify this offer.
   -The cheaper listing must include all taxes including VAT and additional charges that apply. In addition, it must not contain a voucher or discount.
   -Typographic errors are excluded.
   -The cheaper offer may not be the result of reimbursement by the healthcare provider.
   -We reserve the right to withdraw the lowest price guarantee policy at any time or change it at any time without further notice.

 

Article 4 Execution of the agreement, execution times.

1. The Agreement between Mediqle and the Client is entered into for a definite period of time, unless the nature of the Agreement dictates otherwise or if the Parties explicitly agree otherwise in writing.

2. If a term has been agreed or stated for the execution of certain activities or for the delivery of certain goods, this is never a strict deadline. If a term is exceeded, the Client must therefore give Mediqle written notice of default. Mediqle must be offered a reasonable term to still execute the agreement.

3. An Assignment given to a person or persons working at Mediqle is considered to be exclusively given to Mediqle. Even when this Assignment is intended for the person concerned. Mediqle has the right to have certain activities performed by third parties. The applicability of article 7: 404, 7: 407 paragraph 2 and 7: 409 (Dutch Civil Law) is expressly excluded.

4. If by Mediqle or third parties engaged by Mediqle in the context of the Assignment work is carried out at the location of the Client or a location designated by the Client, the Client will provide the facilities reasonably desired by those employees free of charge.

5. If a term has been agreed or stated for the execution of certain activities or for the delivery of certain goods, this is never a strict deadline. If a term is exceeded, the Client must therefore give Mediqle written notice of default. Mediqle must be offered a reasonable term to still implement the Agreement.

6. Mediqle is free in the manner of execution of the assignment given to it. When performing the assignment, Mediqle ensures that the Healthcare Providers to be mediated have the training that is expected of them in the performance of their care task.

7. Care recipient, care provider and care institution must ensure and guarantee proper and safe working conditions, whereby the criteria are the standards in accordance with the applicable laws and regulations.

8. If the Agreement is amended, including an addition, Mediqle is entitled to implement it only after approval has been given by the person authorized within Mediqle and the Client has agreed to the price and other conditions stated for the implementation, including understood the then to be determined time when it will be implemented. Not or not immediately executing the amended Agreement does not constitute default on the part of Mediqle and is no ground for the Client to terminate or cancel the Agreement.

9. Without being in default, Mediqle can refuse a request to amend the Agreement if this could have consequences in terms of quality and / or quantity, for example for the work to be performed or goods to be delivered in that context.

10. If the Client should be in default in the proper fulfillment of that which he is obliged to do towards Mediqle, then the Client is liable for all damage on the part of Mediqle that arises directly or indirectly as a result.

11. If Mediqle agrees a fixed fee or fixed price with the Client, Mediqle is nevertheless entitled at all times to increase this fee or this price without the Client in that case being entitled to terminate the agreement for that reason, if the increase of the price arises from a power or obligation under the law or regulations or is caused by an increase in the price of raw materials, wages, etc. or on other grounds that were not reasonably foreseeable at the time of entering into the agreement.

12. If the price increase other than as a result of an amendment to the Agreement amounts to more than 10% and takes place within three months after the conclusion of the agreement, then only the Client who can rely on Title 5 Section 3 of Book 6 of the Dutch Civil Code is entitled to the to dissolve the agreement by means of a written statement, unless Mediqle - In that case is still willing to execute the agreement on the basis of the originally agreed; - If the price increase arises from a power or an obligation resting on Mediqle under the law; - If it is stipulated that the delivery will take place more than three months after the conclusion of the agreement; or, upon delivery of an item, - if it has been stipulated that the delivery will take place more than three months after the purchase.

13. If during the execution of the Agreement it appears that it is necessary for a proper execution thereof to change or supplement it, then the parties will proceed to adapt the agreement in good time and in mutual consultation. If the nature, scope or content of the agreement, whether or not at the request or direction of the Client, of the competent authorities, etc., is changed and the agreement is amended in terms of quality and / or quantity as a result, this may have consequences. for what was originally agreed. As a result, the originally agreed amount can also be increased or decreased. Mediqle will provide a quotation of this in advance as much as possible. The originally stated term of execution may also be changed due to an amendment to the agreement. The Client accepts the possibility of changing the agreement, including the change in price and term of execution.

 

Article 5 Suspension, dissolution and early termination of the agreement

1. Mediqle is entitled to suspend the fulfillment of the obligations or to dissolve the Agreement if the Client does not, not fully or not timely fulfill the obligations under the Agreement, circumstances that have become aware of Mediqle after the conclusion of the Agreement give Mediqle good grounds to fear. that the Client will not fulfill its obligations, if the Client is requested to provide security for the fulfillment of its obligations under the Agreement when concluding the agreement and this security is not provided or is insufficient or if due to the delay on the part of the The client can no longer be expected of Mediqle to fulfill the agreement under the originally agreed conditions.

2. Mediqle is also authorized to dissolve the Agreement if circumstances arise of such a nature that fulfillment of the agreement is impossible or if circumstances otherwise arise that are of such a nature that unaltered maintenance of the agreement cannot reasonably be required of Mediqle. .

3. If the Agreement is dissolved, the claims of Mediqle on the Client are immediately due and payable. If Mediqle suspends fulfillment of the obligations, it will retain its claims under the law and Agreement.

4. If Mediqle proceeds to suspension or dissolution, it is in no way obliged to pay compensation for damage and costs incurred in any way.

5. If the dissolution is attributable to the Client, Mediqle is entitled to compensation for the damage, including the costs, arising directly and indirectly as a result.

6. If the Client does not fulfill its obligations arising from the Agreement and this non-compliance justifies termination, Mediqle is entitled to terminate the Agreement immediately and with immediate effect without any obligation on its part to pay any compensation or compensation, while the Client, on account of non-performance, but is obliged to pay compensation or compensation.

7. If the Agreement is terminated prematurely by Mediqle, Mediqle will, in consultation with the Client, arrange for the transfer of work still to be performed to third parties. This unless the cancellation is attributable to the Client. If the transfer of the work entails additional costs for Mediqle, these will be charged to the Client. The Client is obliged to pay these costs within the specified period, unless Mediqle indicates otherwise.

8. In the event of liquidation, of (application for) suspension of payments or bankruptcy, of attachment - if and insofar as the attachment is not lifted within three months - at the expense of the Client, of debt restructuring or any other circumstance whereby the Client is no longer free can dispose of its assets, Mediqle is free to terminate the Agreement immediately and with immediate effect or to cancel the order or Agreement, without any obligation on its part to pay any compensation or compensation. The claims of Mediqle on the Client are in that case immediately due and payable.

9. If the Client cancels a placed order in whole or in part, the activities that have been performed and the items ordered or prepared for this, plus any delivery and delivery costs thereof and the working time reserved for the performance of the Agreement, will be fully paid. charged to the Client.

 

Article 6 Force majeure

1. Mediqle is not obliged to fulfill any obligation towards the Client if it is prevented from doing so as a result of a circumstance that cannot be attributed to fault, and is not accountable for by law, a legal act or generally accepted views.

2. Force majeure is understood to include: weather influences (lightning strike, earthquake, flood, storm), explosion, fire and natural disaster, internet and power failure, disruption in mail traffic, computer trespass or hacker attack, delay in implementation or delivery by third parties, government measures, theft , business disruption, illness or personal family circumstances of the natural person who performs the Agreement on behalf of Mediqle.

3. Mediqle can suspend the obligations under the Agreement during the period that the force majeure continues. If this period lasts longer than two months, then each of the Parties is entitled to dissolve the Agreement, without any obligation to pay compensation to the other Party.

4. If, at the time of the commencement of force majeure, Mediqle has partially fulfilled its obligations under the Agreement as far as possible or will be able to fulfill them, and the part fulfilled or to be fulfilled respectively has independent value, Mediqle is entitled to fulfill or check the already fulfilled respectively. come to be invoiced separately. The Client is obliged to pay this invoice as if it were a separate Agreement.

5. Mediqle can suspend the obligations under the Agreement during the period that the force majeure continues. If this period lasts longer than two months, then either party is entitled to dissolve the Agreement, without any obligation to pay compensation to the other party.

 

Article 7 Liability

1. Use of our services is entirely at your own risk. Mediqle is not liable for DIRECT, INDIRECT, SPECIAL, CRIMINAL, INCIDENTAL, EXCEPTIONAL OR CONSEQUENTIAL DAMAGES from the use of our Services.

2. If Mediqle should be liable, then this liability is limited to what is regulated in this provision (see below).
   -If an event occurs (including an omission) which leads to the liability of Mediqle, then the liability will be limited to the amounts to which the liability insurance taken out by Mediqle provides entitlement, excluding Mediqle's own risk amount for this event under this statement. In the event that, for whatever reason, Mediqle is not entitled to the aforementioned insurance, Mediqle's liability is limited to a maximum of the invoice value of the assignment, or at least to that part of the assignment to which the liability relates, with a maximum of three months.
   -The Client is aware that it must take out adequate insurance for the activities related to the assignment. The Client is obliged to do everything reasonable to limit damage for which Mediqle is liable. Mediqle is not liable for damage that (1) is not compensated by an insurance policy, while this would have been the case if the Client had taken out adequate insurance, as referred to in this article, and (2) arose or increased because the Client has not complied with his obligation to limit damage, as referred to in this article.

3. Mediqle is not liable for non-compliance with its obligations if the shortcoming is the result of any cause that is reasonably beyond Mediqle's control, including but not limited to mechanical, electronic or communication errors or deterioration.

4. The provisions of these Terms and Conditions that limit liability represent a deliberate, voluntary risk assignment; such an assignment forms an essential part of these General Terms and Conditions. You agree that the limitations of liabilities set forth in these Terms and Conditions are fair and reasonable in the circumstances.

5. Mediqle does not accept any form of liability for consulting and using the Mediqle website or page regardless of the source. This website contains hyperlinks to websites of third parties, consulting links on the Mediqle website is entirely at your own risk. Downloading files is also entirely at your own risk (also shown via links on the Mediqle website).

6. Mediqle accepts no liability for damage resulting from the use of the information or the website, nor for the improper functioning of the website.

7. Mediqle cannot guarantee that e-mails sent to it will be received and processed (on time).

8. Due to the security risks associated with e-mail, no secure e-mail traffic can be guaranteed.

9. A Second Opinion report is provided by a third party, Mediqle is not liable for the advice obtained from a Second Opinion or for damage resulting from the advice obtained by a Second Opinion. The Second Opinion report should be discussed with a treating physician.

10. Mediqle is not liable for damage, of whatever nature, caused by Mediqle relying on incorrect and / or incomplete information provided by or on behalf of the Client.

11. Mediqle expressly excludes any liability for damage caused by the Healthcare Providers it mediates.

12. Mediqle is neither responsible nor liable for the advice obtained, the services, treatments and goods provided by third parties.

13. The Client authorizes Mediqle to accept other General Terms and Conditions and liability limitations of third parties on behalf of that Client.

14. The Client indemnifies Mediqle against claims from third parties, including the costs of legal assistance, that are in any way related to the work performed for the Client, unless this is the result of gross negligence or intent.

15. Mediqle is a mediator, and aims to help the Client with care, logistics, organizational, administrative and infrastructural activities, Healthcare providers, personnel and Clients. Mediqle is therefore not responsible for the Services obtained from third parties.

16. Enabling the Services by Mediqle is entirely at your own risk. If an unforeseen situation occurs with regard to a process organized or managed by Mediqle (for example with regard to your transport, flight, treatment, care provider, staff or accommodation), Mediqle is not liable for this.

17. Mediqle is not liable for any form of indirect damage (including all forms of tangible and intangible damage, for example physical, mental, material and financial damage) to the Client or third parties.

18. Any advice provided by Mediqle is always without obligation and follow-up thereof is at the expense and risk of the Client.

19. The Client must comply with the hereby agreed obligation to investigate with regard to transport, accommodation and appointments, and must check the time, date, location and changes therein in advance.

20. Mediqle is separate from the employees, Clients, Healthcare providers and third parties obtained by Mediqle mediation, and is not liable for any form of damage arising from employees, Clients, Healthcare providers and third parties obtained by Mediqle.

 

Article 8 Indemnity

1. The Client indemnifies Mediqle against any claims from third parties who suffer damage in connection with the performance of the Agreement and the cause of which is attributable to other than Mediqle. If Mediqle should be addressed by third parties on this account, the Client is obliged to assist Mediqle both extrajudicially and in law and to do everything that may be expected of him in that case without delay. If the Client fails to take adequate measures, Mediqle is entitled to do so itself without notice of default. All costs and damage on the part of Mediqle and third parties that arise as a result, are fully for the account and risk of the Client.

 

Article 9 Intellectual property rights

1. All publications, expressions and text on this website and delivered by Mediqle are protected by intellectual property and copyrights. Nothing of text, information, data and images belonging to Mediqle may be disclosed, reproduced, manipulated or copied without the written permission of an authorized Mediqle employee, this is independent of personal use.

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Article 10 Data protection

1. Your privacy rights are taken very seriously. In addition to the general terms and conditions and disclaimer, the Privacy Statement also applies to the use of this website and our services. See Privacy statement.

 

Article 11 Law and disputes

1. Dutch law is exclusively applicable to all legal relationships to which Mediqle is a party.

2. The Dutch text of these general terms and conditions is binding in the event of a dispute about the content or scope of these terms and conditions in any translation.

3. The court in Mediqle's place of business has exclusive jurisdiction to hear disputes, unless the law prescribes otherwise. Nevertheless, Mediqle has the right to submit the dispute to the competent court according to the law.

4. The parties will only appeal to the courts after they have made every effort to settle a dispute in mutual consultation.