Term of Services
This Agreement governs the use of Company’s Website https://www.kiwimedi.com/(the “Website”) and Services rendered by KiwiMedi (the “Service”, “Services”).
By using the Website and/or the Services You hereby warrant that You agree with the terms set out in this Agreement and You will apply best efforts in order to comply with these Terms. In the event You disagree with this Agreement in full or any portion of it, please immediately stop using the Website and/or the Services.
KiwiMedi reserves the right to, from time-to-time, introduce changes to the terms of the Agreement with or without prior notification to You as a User. It is Your sole responsibility to periodically check for any changes or updates to this Agreement. If You do not agree with the new updated version of the Agreement please stop using the Website and/or the Service.
NOTE: In order to use the KiwiMedi Website and/or the Service You must be of legal age to do so and to be eligible to operate such Website or Service according to the applicable legislation. If You are not of legal age please stop using the Website and/or the Service. We reserve the right to terminate the Agreement between KiwiMedi and an individual of under legal age at Our sole discretion and without notice to the individual.
KiwiMedi is a platform that provides information about medical services and their providers to the User. By using the Website and/or the Service You, as a User, are provided with a range of medical service providers, including but not limited to hospitals and clinics (“Medical Providers”).
KiwiMedi does not assign a Patient with a specific Medical Provider, it simply provides a list consisting of most suitable Medical Providers based on specific needs of a Patient (e.g. language, country, medical status etc.). Such list of Medical Providers will include: the name, address, expertise, specialization etc. of a Medical Provider. According to the list, a Patient is entitled to choose which Medical Provider to make an appointment with.
The information, regarding the Medical Providers, that is available on the Website is gathered either from the Medical Providers themselves or by manually gathering such information from sources We believe are reliable. We do Our best to make sure that such information is accurate and up-to-date. However, KiwiMedi cannot guarantee and cannot be held responsible for the accuracy and preciseness of such information. KiwiMedi will not be liable for failure to provide accurate information from a Medical Provider, nor shall the Website be regarded as a representation, recommendation or endorsement of the service quality and the specialization of the Medical Providers.
NOTE: KiwiMedi is not a medical service provider, but an intermediary between the User and the Medical Provider. Therefore, any information provided on the Website and/or through the Service including, but not limited to, the information provided by the Medical Providers and any other third-parties cannot be viewed as a proper medical consultation or medical examination and cannot be used to on one’s own to decide whether to proceed to the medical treatment or to terminate it.
SERVICE PROVISION AND ADDITIONAL SERVICES
Generally, users do not pay for KiwiMedi Services. However, there may be an option to order additional services for additional payment, for more detailed information related to the provision of additional services please contact us via email [email protected]
In case User does order some additional services KiwiMedi will send a confirmation email of such order, which shall be regarded as an Offer to conclude a contract. Proceeding to the link attached to the email is considered as an Acceptance of the Offer, such Acceptance is binding. Therefore, by proceeding to the link attached to the email User explicitly agrees to make a payment for ordered services.
KiwiMedi provides its Users with Second Opinion upon User’s request.
Second Opinion is a Service provided by KiwiMedi, the Service includes an evaluation of User’s past and present condition(s), analysis of medical history, diagnosis and treatment plan conducted by doctors of Medical Providers. Provision of this service may depend on User’s condition. In order to be able to utilize the Second Opinion service, User should get a primary care from a local medical specialist prior to proceeding to the use of the KiwiMedi Second Opinion.
By ordering the Second Opinion service the User agrees and accept that:
- The diagnosis received is limited and provisional;
- The Second Opinion is not considered nor aimed to replace a full medical evaluation or an in-person visit to a physician;
- The medical specialists who are providing services through the Website and its portals do not possess crucial information which is usually gathered through an in-person examination;
- The absence of an in-person examination may affect the medical specialist’s ability to diagnose Your condition, disease or injury.
Furthermore, the User agrees that KiwiMedi reserves a right to review at any time the User ’s medical records from before and after Your interaction with the Website and its portals, and any records created as a result of received services. KiwiMedi may request additional medical records including, but not limited to, records related to care the User received after obtaining the services. Requested records may be reviewed by KiwiMedi in order to get better a understanding of the course of treatment for User ’s condition(s) including information related to outcomes and costs, also such reviewing may be used to improve treatments and recommendations. Moreover, the User agrees that in case that KiwiMedi does not have the right specialist in the Provider’s network, KiwiMedi may contact third-parties outside of KiwiMedi network.
Furthermore, by requesting any services through the Website or its portals, the User provides KiwiMedi with the authority to collect, store User’s medical records and/or to transfer them to the designated physician(s) appropriate for the User’s case. Also, the User agrees that the Second Opinion will not be used in any kind of legal proceedings including, but not limited to, legal disputes, litigation, arbitration, claim for disability benefits etc.
The User has a right to provide medical records on behalf of a third-party, but only if User provides prior notification to KiwiMedi that:
- The third-party is a User ’s family member;
- The User received a prior consent from the third-party to represent him/her;
- The third-party is not able to send a request via Website or its portals by him/herself.
Note: in order to receive any kind of services from KiwiMedi, the User shall provide current and accurate identification, contact and any other relevant information required to verify User’s identity and eligibility. It is within User’s sole responsibility to maintain the accuracy and completeness of this information. By providing such information User states that the information is true and accurate.
When all of required documentation is received and documents are complete and accurate, KiwiMedi will proceed to gather the User’s medical records and afterward will create a Medical Case. In accordance to the information provided, KiwiMedi will match User’s medical case with up to 3 (three) different Medical Specialists in KiwiMedi’s network of Providers or outside of it, medical specialist will be picked according to the specialty which User’s diagnosis falls under. The User has a right to choose which medical specialist will provide the User with Second Opinion. After choice was made KiwiMedi will collect the complete medical records in accordance with Medical Specialist’s need to provide a Second Opinion. We will inform You via email once the full Medical Case is ready, also We will forward the Case to the Medical Specialist of Your choice. User shall receive a Second Opinion service within 3 (three) working days after We receive the complete documentation from Your part. Second Opinion will be sent via email, with the Medical Specialist’s opinion on the User’s condition(s).
LIMITATION OF LIABILITY, INDEMNIFICATION
Other than as expressly set out in these terms or additional terms, KiwiMedi does not make any promises or quality declaration about the services rendered by it and does not provide any guarantees regarding those services.
By using the website its portals and services you explicitly confirm that you understand and take responsibility and assume all risks, direct or indirect, resulting from the use of the website without limitations.
Kiwimedi bears no liability for the correctness, completion and up-to-dateness of any information provided by providers and/or any other third-parties on the website.
There may be links to third-party websites on this website. Such links are provided solely for the convenience of the user. Kiwimedi shall not bear any liability in case of any damages or losses, direct or indirect, due to a visitation originating from KiwiMedi, or to the use of services from third-party websites.
Moreover, consenting to the terms of this agreement, the user agrees to indemnify, defend and hold KiwiMedi, its affiliates and their respective directors, officers, employees, shareholders, partners and agents (collectively, the “KiwiMedi parties”) harmless from and against all claims, liability, losses, damages, costs and expenses (including reasonable legal fees) incurred by any KiwiMedi party as a result of, or in connection with, any breach or alleged breach by the user or anyone acting on the user’s behalf of any of the terms of this agreement.
In order to receive complete Website functionality and get access to all of the Website’s features, You are required to provide certain private information including, but not limited to, personal, specific and sensitive information.
We respect the confidentiality of private and personal information of all cooperating parties.However, there is no perfect secure method of protecting information during its storage, processing, and transfer into electronic form, We do not give the full warranty of its complete safety, despite all efforts made by the KİWİMEDİ.
All of the Website assets, including the system of organization and presentation of the materials at the Website, are the property of KiwiMedi. These materials include but are not limited to, the design, layout, look appearance and graphics. Website and its materials are protected by legal and subordinate acts relating to intellectual property including but not limited to copyright laws and other similar laws.
Unconditioned use and reproduction of the materials presented at the Website without the written permission of KiwiMedi is prohibited.
You may only use the Website (including all the related materials to it) for Your personal, non-commercial use. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of KiwiMedi materials. When using any information from KiwiMedi site, active link referring to the source is mandatory.
We regularly update technical, content and other information on the Website. However, We make no claim in guaranteeing the completeness, accuracy, and compliance of the information provided at the Website. We are able to add, review or delete information, resources, and services posted on the Website.
SOFTWARE AND COMPUTER VIRUSES
At times, Website failures may happen due to an Internet connection, software operation, data transmission, etc., and it is possible that incorrect or incomplete copy of the information contained at the Website pages may occur. Similarly, the Website pages may contain malicious code or programs infected with computer viruses.
We are not responsible and bears no liabilities connected to the work of any software, the presence of any computer viruses or other elements with malicious code, the presence of destructive or unsafe files that can be distributed or otherwise affect software and hardware upon the User’s review of the Website, the access to any information on the Website, or the downloading of any files from the Website. KiwiMedi does not purposely distribute any kinds of viruses, however the Company strongly encourages the use of anti-virus software or other protective programs during interaction with all Websites.
In no event shall KiwiMedi be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services.
Any provision of these Terms of Service that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.
The User may not assign or transfer any of User’s rights or obligations under these Terms of Service without Company’s prior written consent. The Company may assign or transfer any or all of Company’s rights under these Terms of Service, in whole or in part, without obtaining User’s consent or approval.
Company’s failure or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver thereof.
Headings of provisions are for convenience only and shall not be used to limit or construe any provisions of these Terms thereof.
Should You have any questions or comments regarding the Terms of Service, You may contact us at [email protected]
The company does not advertise medical services, pharmaceuticals and does not place information about Medical Providers on the Website for advertising purposes and, accordingly, does not receive any advertising revenue. The company may place on some pages of the site information about various events (for example, conferences, forums, seminars, etc.) on medical topics as an information partner. The company can post information about discounts and promotions for medical services offered by Medical Providers, as well as post information about special offers from Medical Providers on a partnership basis. The company places on the Website information about discounts, promotions and special offers for informational purposes, without conducting a special selection or competition for the placement of such information and does not receive direct income from this.
Disclaimer: The original, legally binding version of this document is written in English, and it is translated into other languages for the courtesy of Our non-English-speaking users. If there are any discrepancies between the English version and a translated version, the English version supersedes the translated version.