Basic Details
Provider: Healwise International Ltd
Registered Office: 1138 Budapest, Népfürdő street 19/A 6/24
Company Registration Number: 01-09-411902
Tax Number: 32205235-2-41
Registering Court: Company Registry Court of Budapest – Capital Regional Court
Representative: Mr. Zoltán Lengyel
Email: [email protected]
Website: www.healwise.net
Definitions
GTC: General Terms and Conditions, this document.
Provider: Healwise International Ltd, services provided by.
Customer: A natural person who wishes to use the service provided by the Provider according to this GTC and registers on the Provider’s website for this purpose.
Partner: A healthcare provider that displays its services on the Provider’s website based on a separate agreement, and whose service offering is facilitated through the use of the Provider’s website and appointment bookings, and pays a commission to the Provider for these services. The Customer pays the Partner for the service, from which the Provider receives its own commission.
Referral services: Activities by the Provider to organize healthcare services at a Partner for the Customer, to make related offers, and to inform and support the Customer according to their healthcare needs (including organizing additional services).
Service Offer: An offer by the Provider for healthcare services at a Partner for the Customer. By accepting the offer, the Customer becomes obligated under this GTC, thus acquiring the right to receive the service and assumes the obligation to pay for it.
Purpose, Accessibility, and Amendments of the GTC
The GTC regulates the legal relationship between the Provider and the Customer. The Provider offers its services online and offline, in which it promotes and provides access to the healthcare services of its contracting Partners, ensuring appointment bookings for Customers. Customers pay the Partner for the healthcare services. Then, based on a separate agreement, the Provider settles with the healthcare-providing Partner. In matters not regulated by the GTC, current European Union laws apply.
The GTC is a general contractual condition for the entire legal relationship between the Customer and the Provider, which the Customer accepts by registering on the website or during personal contracting. The Provider makes the GTC publicly available on its website and hands it over to the Customer before personal contracting. The Provider is not entitled to unilaterally modify the provisions of the GTC. If the GTC is modified, the Customer will be notified via the registered email or upon the next login to the website. Acceptance of the amendment is required for further use of the service. If the Customer doesn’t respond within 15 days of the notification, the Provider considers the GTC amendment accepted. However, the Customer must still provide feedback upon the next login. The Provider cannot unilaterally modify the GTC.
Rights and Obligations of the Customer
The Customer must appear for the service at the specified time, in a condition that allows the service, and by abiding by any other instructions specified by the healthcare provider. The Customer is obligated to pay the Partner for the healthcare service, and a unique legal relationship binding both the Customer and the Partner is established only after the specific offer is accepted.
Warranty, Liability, and Other Civil Law Claims Related to Healthcare Services
The Customer directly exercises all warranty, liability, and product liability rights, claim enforcement, including the right of withdrawal, against the Partner. If the Customer does not meet any of the obligations specified in this chapter, it constitutes a reason for termination.
Notification Obligation
The Customer must immediately inform the Provider of any known circumstances that exclude the desired care, link it to special conditions, justify taking special precautions, or any other material circumstances that significantly affect undergoing the desired care. Parties must immediately notify each other of any significant circumstance and facts relevant to their communication, answer questions immediately, and immediately draw attention to relevant changes and new significant circumstances related to the contractual relationship. The Customer must provide all necessary information, which the Provider deems necessary for fulfilling the contract. Any damage resulting from the omission of these obligations is borne by the Customer.
Responsibility
The Provider acts with due care during its Referral service activities. The Provider is not responsible if it cannot mediate a suitable healthcare provider offer to the Customer. The Provider is not responsible for any damages, legal violations, or damages related to the service provided by the Partner to the Customer. In terms of the Partner’s service provision, the Customer is in a direct contractual relationship with the Partner and can assert its claims directly towards the Partner. The Provider is not responsible for changes in the Partner’s prices, decisions based on personal examination results that differ from the offer, or if the Partner refuses to provide the service. Informing about the healthcare service is not equivalent to the mandatory information by a doctor’s consultation before medical care. The Partner healthcare provider is fully responsible for the latter, and the Provider assumes no liability. The Provider is not liable for damages that occur due to reasons beyond its control and which it cannot prevent – especially in the case of force majeure, domestic or foreign legal regulations, regulatory provisions, or of their absence or delay thereof. The Provider is not liable if any Partner suspends/stops its activity or if the contractual relationship with the Provider is terminated or ceased. The Provider is not liable for minor errors (omissions) that may occur even with generally expected care. The Provider is not responsible for the failure of the organized service if it is due to a legal dispute between the Customer and the Partner or the blameworthy behavior of a third party. The Provider is not responsible for the authenticity, validity, and suitability of the documents presented by the Customer, but if doubts arise about their authenticity, it is not obligated to accept them. The Service Provider is not responsible for damages resulting from the availability of the website or problems with electronic mailing systems, including damages arising from the operational ability on the Client’s side or inaccessibility by unauthorized persons. The Provider is not liable to third parties for damages resulting from the Customer misleading them or keeping them in error regarding their legal status and capacity to act, or for not informing them in writing in due time about interim changes in their capacity to act. Only the Customer is responsible for damages arising from these.
The Provider does not assume responsibility for damages arising from data processing by the Partners.
The Service Provider does not assume responsibility and is not liable for damages resulting from visiting its website, which arise from the infection of a computer or other IT equipment/system by a virus or another malicious agent.
Record-keeping of Settlements
The Provider maintains a (non-monetary) account related to the Customer referred to the Partner, which includes the fees of the requested services, the amounts to be paid by the Customer, and the amounts paid. The Parties accept this record as true until proven otherwise. The Customer is entitled to access the account only concerning their own payments and the fees prescribed for them; the details of the settlement between the Provider and the Partner are considered a trade secret.
Procedure of Healthcare Service Organization
Upon the Client’s registration or the personal conclusion of the contract, the Client declares to have acknowledged the terms set out in the GTC (General Terms and Conditions), accepts them, and recognizes them as binding, extending to the obligations contained in the GTC. The Client further declares that they are competent, have a status authorizing entry into the destination country of medical care, are not wanted by the police, and that there is no ongoing legal procedure or measure against them that could restrict or exclude the successful fulfillment of the legal relationship between the parties, even in the future. The Provider sends an offer from its Partner database to the Customer, who fulfills the registration and other prerequisites set out in the GTC, based on the information provided by the Customer (The Provider accepts documents in English), their medical needs, and requirements, if possible. The acceptance of the care organization offer is only valid after the Provider has received the feedback via email, sent to the Customer’s registered email address, containing the details and price of the treatment. Subsequently, the Customer must accept the payment method. After this, the Client is automatically navigated to the payment service provider’s website of the Service Provider, where they perform the steps necessary for the fee reconciliation. Upon completion of the payment process, the Customer returns to the Provider’s interface and sees confirmation in case of successful payment. The medical service reservation is thus definitively made, and from this point on, the Client is obliged to use it according to the provisions of this GTC, or in the event of cancellation under the cancellation terms provided by the Partner, a refund is due to them according to the conditions. A proportional fee for the healthcare organization activity will always be deducted from the refunded amount. By accepting the offer, the Customer declares that the service accepted in the offer fully meets their needs. They state that they have chosen the given medical service themselves, have received adequate information about its essential elements, and do not raise any objections to the Provider regarding it or its price. The Provider informs the Partner about the accepted offer and simultaneously sends them the medical and related personal and direct contact details provided by the Customer for the care organization
Communication
The service coordination is initiated through the Provider’s website or via email. Service coordination offers and other official correspondence between the parties also occur through these channels.
Communications made by registered clients on the website and any legal declarations are considered binding and official between the parties.
The Provider’s customer service can be reached via phone and email. On the phone, the Provider offers only informational content, which should not be interpreted as a binding commitment towards the Customer. The Provider assumes no responsibility for the reliability, clarity, unauthorized access, or accurate interpretation of this communication medium, nor for damages arising from any discrepancies therein.
Traditional letters sent to the Provider’s postal address are also considered official communications and legal declarations with full evidentiary value. However, in response to such correspondence, the Provider reserves the right to reply via the website to the registered client.
During the utilization of the medical service, based on their needs and the conditions of the ordered service package, the Client is entitled to communicate with the Provider via email, phone, or in person for further service coordination or other assistance.
Data Management and Privacy
The Provider processes the personal data of the Customer in accordance with the applicable data protection regulations. Data processing is carried out for the purpose of fulfilling the contract, ensuring legal claims, and for legitimate interests, such as direct marketing. The details of data processing, the rights of the data subjects, and the means of enforcement are contained in the Privacy Policy, which is available on the Provider’s website. The Customer declares that he/she has read and accepted the terms of the Privacy Policy by registering on the website or during personal contracting.
Termination of the Contract
The termination of the contract does not affect the obligations of the Customer related to the healthcare service offer they have already accepted.
The Referral service contract terminates by cancellation or withdrawal. The cancellation is effective immediately if:
The Customer deletes their registration;
The Provider deletes the Customer’s registration;
The Customer fails to fulfill their data provision obligation on time;
The Customer provides any fact or data inaccurately, or conceals it, uses a false or forged document;
There is a circumstance against the Customer that does not allow the contract to be concluded.
Customer’s Withdrawal
The Customer has the right to withdraw before providing their health data and needs following registration and before making an offer.
Provider’s Withdrawal
The Provider has the right to unilaterally withdraw from the Referral service contract if the Customer does not fulfill their data provision obligations set out in this T&C, despite a 15-day notice through the platform.
After the termination, the Customer cannot use the service, and the Provider will permanently and irrevocably delete the Customer’s registration from the platform.
Death of the Customer
In the event of the death of the natural person Customer, the contract terminates upon the death, and the accepted healthcare service offer loses its validity.
Dispute Resolution
In case of a dispute between the Customer and the Provider, the parties shall strive for an amicable settlement. If this is not possible, they can turn to the competent court according to the Provider’s registered office. Before turning to the court, the parties may seek the help of a mediator.
Miscellaneous Provisions
The parties declare that they will act in good faith and cooperate in the performance of the contract. The invalidity of any provision of this GTC does not affect the validity of the other provisions. The parties undertake to replace any invalid provision with a valid one that is closest in content to the original intent.
Effective Date
This GTC is effective from 8 November 2023, and remains in effect until a new version replaces it.
