1.1 The Internet platform "Caremondo”, www.caremondo.com, is a service portal, that provides general information regarding medical conditions and diagnoses, treatments, clinics and private practices.
1.2 The services of the platform “Caremondo" are provided by Fairmed Online Pte Ltd, represented by CEO Philipp Graf von Hardenberg, 63 Market Street, #09-01, Bank of Singapore Centre, Singapur eMail address: [email protected], registered under the Companies Act (Cap 50), Company No: 201541016H.
1.4 The use of the basic services of the Caremondo platform is free of charge for the customer. However, Caremondo reserves the right to offer certain additional services (for example, translation services, services for uploading and saving documents, app-based services, etc.) per customers request. These additional services are regulated by Caremondo’s Special Terms and Conditions. In the event of any conflict between the Terms and Conditions and the Special Terms and Conditions, the Special Terms and Conditions shall prevail.
2.1 Caremondo offers a platform, the website caremondo.com, where customers can get information on diseases, diagnoses, treatments, clinics andprivate practices. Caremondo supports customers looking for a suitable clinic/private practice by providing detailed information on various clinics and private practices and the treatments they offer. Caremondo also provides useful information regarding the preparation for hospitalization in other countries (e.g., required documents, entry requirements, travel tips, etc.). If the customer provides his or her e-mail address, Caremondo also sends regular information on general medical and health topics via e-mail, as part of the contractual services.
2.2 The customers registered at the platform also have the possibility to contact a clinic and send non-binding requests regarding treatments or a hospital stay. Registered customers can also communicate with each other at the Caremondo forum, create personal profiles and write reviews.
2.3 If a customer opts for a hospital stay or for a medical treatment, Caremondo accompanies him or her before, during and after treatment, helps him or her with any problems with the clinic, provides him or her with further information about accommodation, sends appointment reminders, etc. The services offered by Caremondo are described in detail at the platform.
2.4 Basic services described in point 2.1 to 2.3 of the platform are offered free of charge by Caremondo. However, the use of these services requires an Internet connection. Accessing the platform may result in connection charges that will be based solely on the contract between the customers and their telecommunications service provider.
2.5 Caremondo reserves the right to offer the customers of the platform additional paid premium services of Caremondo or its partners, such as translation of medical documents, storage space to upload and manage the appropriate documents ("cloud services"), a Caremondo app for mobile devices ("smartphones"), hotel room bookings or travel agent services. These services are provided only upon special request from the customer and are shown separately on the platform with the indication of each type of the service and its provider. In this respect, Special Terms and Conditions of Caremondo (see Section 1.4) or any terms and conditions of the third party shall apply.
2.6 Caremondo operates the platform Caremondo and provides general information on health topics, treatments and clinics, as well as articles, reviews and opinions of the customers. The content does not represent recommendations or opinions expressed by Caremondo. The services of Caremondo are limited only to the operation of the platform. Neither the services provided by Caremondo nor the information about the clinics nor customers opinions replace a professional treatment by a physician or any other recognized health professional. The selection and implementation of certain treatments is decided only by a doctor or one of the persons mentioned above. Caremondo itself does not deliver any medical services or medical advice.
2.7 Caremondo allows clinics to introduce their services and achievements, allows customers to write and share reviews or articles. However, Caremondo is not responsible for the content shared by the clinics or the customers on the platform - it is the responsibility of the particular clinic or customer. Caremondo will not control this content unless there is a complaint from a third party regarding a specific content.
2.8 If the customer contacts a clinic/private practice of his or her choice and signs the contract for medical services, this contract is concluded only between the customer and the clinic. The same applies to the partners offers as the part of the Caremondo paid premium services (see Section 2.5). Caremondo is not responsible for these contracts, their contents and their implementation.
3.1 The customer can visit the platform without registration and may use the basic services of Caremondo described in Section 2.1. In this case, the contract between Caremondo and the customer becomes effective by using the services.
3.3 The contract may be concluded in the following languages: German, English, Russian.
3.4 The customer receives the registration e-mail with these Terms and Conditions, which form the basis for the use of the services of the Caremondo platform. Moreover, Caremondo does not store a separate contract text after registration, that would be accessible to the customer via the Internet.
4.1 The registration is done on the Caremondo website. All information pertaining to a person has to be made completely and correctly.
4.2 There is no entitlement to registration and thus no entitlement to conclusion of a contract with Caremondo. Caremondo therefore reserves the right to reject any registration without providing any reason.
4.3 The login information (user name, e-mail address and password) are solely for personal use by the respective customer and may not be disclosed to any third party. The customer must keep this information safe and protected to prevent an unauthorized use by third parties.
4.4 Once the customer learns or suspects that his or her information has become available to a third party, the customer shall notify Caremondo immediately. The customer is liable for all consequences of the unauthorized use, if it happened as the result of the misuse. The customer is responsible for the consequences especially if the unauthorized use of access happened as a result of negligence. The user's liability ends when he or she informs the operator about the unauthorized use or loss of access, and has changed the password, if required.
5.1 The contract with Caremondo for the use of the services on the platform is signed for an indefinite period and may be terminated with a period of four weeks prior to the end of the month.
5.2 Both parties preserve the right to terminate the contract at any time for an important reason. An important reason for an extraordinary termination on the side of Caremondo is given if the customer repeatedly and culpably violates any of the platform rules according to sections 7.2 to 7.12 of these Terms and Conditions. The customer may also terminate the contract by sending an e-mail to [email protected]
5.3 After termination Caremondo deletes the profile of the customer. However, the information published in the forum and the reviews remain generally available (see, below, Section 6.2). This information will be anonymized or psudonymized by Caremondo (e.g., the content is shown without the customer's name or photo).
6.1 The platform of Caremondo contains texts, information, photos, videos and other content that is copyrighted material and as such legally protected, and partially originates from third parties. The use of the Caremondo platform and particularly downloading content (such as brochures, quality reports, etc.) shall be done for non-commercial, private purposes within the bounds of this agreement only. Any other reproduction, distribution, making available to the public, or other use by the customer without the express consent from Caremondo and possibly the third party is prohibited.
6.2 Caremondo allows registered customers to create a profile to interact with other customers, as well as to share reviews, comments and advice on the platform. Caremondo provides the platform for this exchange to customers free of charge. Thus, to operate the platform Caremondo requires the rights to the written and uploaded text by the customer, personal information, photos, videos, graphics, etc. (hereinafter collectively referred to as "Content"). To this end, the customer grants the following exclusive rights: By posting content on the platform the customer grants to Caremondo the non-exclusive, temporally and territorially unrestricted, transferable rights to use the content to the extent necessary for the operation of the Caremondo platform and to provide the contractual services. This includes in particular the right to reproduce the content to send, edit, and otherwise communicate to the public. This includes the presentation of content for commercial purposes online and offline and use for activities, such as news feeds (possibly in different formats), other subscription services (push services) or retrieval services (pull services), as well as the use of content on technically optimized versions of the platform on mobile devices or through working apps. The rights granted are limited to the functions and features of the platform.
6.3 A smooth operation of the platform is guaranteed only if the connected comments, reviews and conversations of the customers are accessible. Therefore, the license granted for the purposes of Clause 6.2 above shall remain valid beyond the contractual relationship between the Customer and Caremondo. The customer's content can therefore still be available on the platform when the customer is no longer a member. The user profile is in any case deleted upon termination of the contract (see Section 5.3). Notwithstanding the fore-mentioned rights, the customer has no right to demand that specific content remains visible on the platform after the termination of the contract.
7.1 Caremondo provides the customers with a platform on which they can exchange ideas on the forum with other customers, write opinions and give advice and may evaluate the clinics. Caremondo takes no part in those reviews and experiences. Only if there are legal, judicial or regulatory obligations for Caremondo to interfere, Caremondo will examine individual content and will remove it. Precisely for this reason the customers are required to adhere to the following rules of conduct.
7.2 Reviews and advice may only be made by the customers based on their personal experience and can not belong to an employee, employees, other authorized persons or family members of above mentioned group of people of the company that is being evaluated, or of the competitive company that is being evaluated. All information and representations must be made fully and truthfully with the necessary objectivity. The customer may send requests to hospitals only with genuine intent and may not send any spam or advertising content.
7.3 The customer is obligated to remain cautious and respectful when sharing his/her views and experiences with other customers. Any concealed or open advertising of the customer or a third party is prohibited.
7.4 Intentional and repeated tracking or harassing of other customers (so-called "stalking") is prohibited on the platform. Should a customer announce that he or she does not want to be contacted, this wish should be respected immediately.
7.5 Similarly, any kind of bullying is prohibited. In particular, a customer may not harass other customers, make fun of them, torture mentally or hurt emotionally.
7.6 The Customer shall not upload illegal content on the platform. This especially applies to content that is relevant to criminal (e.g., slander, libel, racist or pornographic content), the copyright, trademark, personal rights or other rights of third parties or contain violations of drug advertising law or competition law. Likewise, content violating the right to protection of privacy, or otherwise the general right of third parties are prohibited.
7.7 Uploaded photos may only represent the customer or objects. A third party may only be shown in the photos, if they are either not identified or has given prior express consent to the representation and use of the photo on the platform of Caremondo. In case of dispute, the customer bears the burden of proof.
7.8 Links to third party sites may be uploaded by the customer only if he or she has previously ensured that the content of the rules of conduct described under paragraphs 2.7 to 7.7 are satisfied.
7.9 Content may be uploaded only for private use. Any type of advertising, spam or spam SMS messages and the quotation of value-added service numbers or value added services on SMS is prohibited.
7.10 The use of automatic or manual methods for reading, storing, forwarding or editing data from the Caremondo platform is also prohibited. Neither e-mails nor messages may be intercepted or profiles of other customers be hacked.
7.11 The Customer undertakes to always treat personal data and content from other customers as confidential and neither publish or send or otherwise pass it on to third parties. It is not permitted to publish, send or otherwise transfer personal data of other users or third parties (such as names, telephone numbers, e-mail address), unless it has been explicitly allowed.
7.12 It is prohibited to upload to the platform malicious software such as viruses, trojans or inappropriate scripts.
7.13 The customer must be aware that compliance with the rules of the platform is an essential part of the user agreement. Therefore in case of culpable violation of any provisions of the preceding paragraphs 7.2 to 7.12 Caremondo reserves the right to delete content, temporarily or permanently, to terminate the customer's account temporarily or permanently or in cases of gross and repeated misconduct to permanently terminate the contract with the customer.
8.1 The customer (see paragraph 6.2.) is solely responsible for all content posted by him/her on the platform. This also applies to his/her actions on the platform. Caremondo as a platform operator will only examine the content and certain actions of the customer in a particular case when violations are visible, especially if there are complaints regarding rights violation from other customers or third parties. 8.2 The Customer warrants that he or she is entitled to grant the rights of use of the uploaded content as per Sections 6.2 and 6.3. The customer undertakes and guarantees to respect the Rules of clauses 7.2 to 7.12, and not to upload any content to the platform or forum that violates these rules of conduct. 8.3 The Customer undertakes to realease Caremondo and its officers, employees or other agents from any liability and all costs (including legal fees required) on first request, in case if the client is guilty of violating the warranty obligations of the preceding paragraphs 8.1 and 8.2 - and in particular the conduct provisions of clauses 7.2 to 7.12. Caremondo obliges to inform the customer of the claims by the third party and provide him or her an opportunity to comment on the matter. The customer is obliged to immediately ask Caremondo for all information available to the Caremondo that is needed for defence. Any claims for damages by Caremondo against the customer remain unaffected. The preceding sentences of paragraph 8.2 shall apply mutatis mutandis if Caremondo is blamed for uploading the unlawful content from third parties or authorities, consumer organizations or similar bodies.
9.1 Caremondo is governed by the statutory provisions. Caremondo takes no responsibility for content submitted by customers, clinics or other partners. Nor shall Caremondo be warranted for contracts awarded by the customer with third parties, in particular about the care they received.
9.2 Caremondo is responsible for the operation of the Caremondo platform in accordance with the statutory provisions. We accept no liability for the content provided by customers, clinics or other affiliates.
9.3 For customer damages resulting from loss of data, Caremondo is not liable if the caused damage could have been avoided by a regular and complete backup of customer data.
9.4 In addition, the liability of Caremondo is excluded in cases of only slightly negligent acts or omissions for untypical or unforeseeable damage, unless the damage affects the life, body or health or warranties made. The above limitation of liability also does not apply in cases of breach of fundamental contractual obligations, i.e. such contractual obligations that are necessary for the fulfillment of the contract in the first place and on which the contractual party may rely, and infringed of which endangers the purpose of the contract.
Caremondo reserves the right to request the contractual services that might be necessary from third persons as agents, without requiring any prior consent from the customer.
11.1 The free services of Caremondo cause a considerable expense. Therefore Caremondo reserves the right to offer to the customers third-party advertisements in the form of banner ads. Caremondo publishes this advertising content separately from the editorial content, the customers content and the profiles of the partner companies.
11.2 Aside from regular information as a part of the contractual services (see Section 2.1.) Caremondo reserves the right to send the customer periodical newsletters and messages with advertising content about new services of Caremondo and its partners. This newsletter will be dispatched only after prior consent of the customer and may be canceled in the settings of the client’s profile or by e-mail sent to [email protected] Caremondo indicates these options in each newsletter.
12.1 Caremondo reserves the right to change these terms and conditions in the future without a reason. The new General Terms and Conditions will be sent to the customer via email. If no objection is presented within 21 days of receipt of the email, the continued use constitutes the acceptance of these changes. Caremondo informs the customers of their right to object to the changes, the deadline to do so and the consequences of inaction.
12.2 If the user objects to the amended terms, both parties have the right to terminate the agreement with immediate effect.
12.3 The general terms and conditions can not be amended in case the customer has subscribed for Caremondo premium services, and this change limits the content and scope of basic services of the platform or its performance to the disadvantage of the customer.
13.1 Caremondo reserves the right to modify and transfer the existing contracts with the customer in whole or in part, with a company affiliated with Caremondo or with an independent third-party company, as in the case of a sale. In this case, the company accepts the contractual relationships and acquires the full scope of rights and obligations under the contract.
13.2 Caremondo informs the customer within a minimum period of 3 weeks about the planned transfer of contract and provides the customer with information regarding the acquiring company. The customer has the right to terminate the contract extraordinarily within a period of three weeks after receipt of the notification. If no response is received in due time, the contract shall continue with the acquiring company. If the customer has objections, then the Section 12.2 of these Terms and Conditions shall apply accordingly. Caremondo informs the customers of their right to object to the transfer, the deadline to do so and the consequences of in case of inaction.
15.1 The contract shall follow the laws of Singapore.
15.2 If the customer is a consumer, the mandatory consumer protection regulations are also considered to be in force, according to the laws of the country in which the customer resides if they provide the customer with a more extensive protection.
15.3 If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising out of the contract shall be Singapore.
15.4 If any provision of these Terms and Conditions becomes wholly or partially invalid, the remaining provisions or parts of the contract shall remain effective. The ineffective or missing provisions of the contract shall be replaced by the respective legal regulations.
Last updated: October 2016
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