Asklepieia Health Cluster S.A.
Effective Date: 01 / 2021
Owner and Data Controller
Asklepieia Health Cluster S.A.
2, Viantos str.
10442, Athens, Greece
Owner contact email: email@example.com
3. Healthcare Services
The Healthcare Professionals who deliver healthcare services (“Healthcare Services”) through Asklepieia are independent professionals practicing within a group of independently owned professional practices. Asklepieia does not practice medicine or any other licensed profession, and does not interfere with the practice of medicine or any other licensed profession by Healthcare Professionals, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license. Asklepieia does not promote, approve or suggest Healthcare Professionals and/or Healthcare Services. However, Asklepieia has certain quality criteria that need to be fulfilled for a Healthcare Professional to become member of the Asklepieia network or otherwise contracted with Asklepieia. Neither Asklepieia nor any third parties who promote the Healthcare Services or provide you with a link to the Healthcare Services shall be liable for any professional advice you obtain from a Healthcare Professional via the Asklepieia Services.
4. Rest Assured Service
As part of the Asklepieia Services, an independent auditor (“Auditor”) shall conduct, on behalf of Asklepieia, an external medical audit of the Healthcare Services which will be mainly focused on (a) quality control and (b) financial control (“Rest Assured Service”). The objective of the Rest Assured Service is the improvement and optimization of the Healthcare Services and the provision of checks and balances in relation to the charges. Specifically, the Rest Assured Service is initiated automatically for Healthcare Services costing more than € 1.500 and always with User’s express consent. If you do not wish to benefit from the Rest Assured Service, you can do so by not consenting to your personal data being transferred to the Auditor.
All Rest Assured reports will be communicated by Asklepieia to the User and its insurer (if any).
In the event that there is a dispute between a Healthcare Professional and the Auditor in relation to the Rest Assured Report, the Auditor and the Health care professional will submit the dispute before a dispute resolution committee that will provide final resolution to the dispute following a specified resolution procedure.
All costs for the Rest Assured Service shall be borne by Asklepieia and the User shall not be liable for such costs.
Nothing in these Terms shall be construed as creating any agency, partnership, employment or independent contractor relationship between you and the Auditor.
To the extent permitted under applicable law, neither the Auditor nor Asklepieia shall be liable for any loss or damage that may arise in connection to the Rest Assured Service.
5. Site Content
None of the Site content (other than information you receive from Healthcare Professionals) should be considered medical advice or an endorsement, representation or warranty that any particular medication or treatment is safe, appropriate, or effective for you.
6. “Get a Quote” or other related Forms
In order to request to communicate with a Healthcare Professional of your choice, you will need to submit an online form in which you will have to fill-in personal data in relation to your identity and, optionally, some data relating to your medical condition, previous diagnosis, requested medical/ dental care etc (“Get a Quote Form”). To submit the Get a Quote Form, you must be of legal age. You can submit the Get a Quote Form on behalf of a minor child of whom you are parent or legal guardian. You agree that the information in the Get a Quote Form will be true, accurate, current and complete.
7. Access Rights
We hereby grant to you a limited, non-exclusive, nontransferable right to access the Site and use the Asklepieia Services solely for your personal non-commercial use and only as permitted under these Terms and any separate agreements you may have entered into with us (“Access Rights”). We reserve the right, in our sole discretion, to deny or suspend use of the Site or Asklepieia Services to anyone for any reason. You agree that you will not, and will not attempt to: (a) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (b) use the Site or Asklepieia Services to violate any law; (c) reverse engineer, disassemble, decompile, or translate any software or other components of the Site or Asklepieia Services; (d) distribute viruses or other harmful computer code through the Site; or (e) otherwise use the Asklepieia Services or Site in any manner that exceeds the scope of use granted above. In addition, you agree to refrain from abusive language and behavior which could be regarded as inappropriate, or conduct that is unlawful or illegal, when communicating with Healthcare Professionals through the Site.
Finally, you must not misuse the Asklepieia Services and should declare only actual and real health incidents. You should appear on appointments that you book through the Asklepieia Services platform or cancel these appointments on time.
8. Intellectual Property Rights
The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Asklepieia, its licensors or other providers of such material and are protected by Greek, European and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. These Terms permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site except as generally and ordinarily permitted through the Site according to these Terms or with our express written consent.
All rights in the product names, company names, trade names, logos, service marks, slogans, and designs of the Asklepieia Services, whether or not appearing in large print or with the trademark symbol, belong exclusively to Asklepieia or its licensors and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national, European and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as authorized herein, is expressly prohibited, and nothing stated or implied on the Asklepieia Services confers on you any license or right under any patent or trademark of Asklepieia, its affiliates, or any third party.
9. Fees and Payment Terms
Asklepieia operates an electronic payment system through which you will be prompt to pay for the Healthcare Services you receive.
Through the electronic payment system of Asklepieia and/or the Healthcare Professional of your choice, you will be duly informed about the fees and charges for the Healthcare Services, as well as the payment process.
You agree to pay all fees or charges in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable.
By providing Asklepieia with your credit card number (or PayPal account?) and associated payment information, you agree that Asklepieia is authorized to immediately charge your account for all fees and charges due and payable hereunder and that no additional notice or consent is required. Once your account has been charged, you will receive a) a transfer receipt from Asklepieia b) an invoice from the relevant Healthcare Professional.
In the case that it is not possible or practicable to pay the fees and charges through the Asklepieia payment platform, you agree to pay the said charges and fees directly to the Healthcare Professional. Once payment has been made, you will receive an invoice from the relevant Healthcare Professional.
If you do not have insurance coverage for Healthcare Services, or if your coverage is denied, you acknowledge and agree that you shall be personally responsible for all incurred expenses. Asklepieia offers no guarantee that you shall receive any such reimbursement.
You may stop using the Asklepieia Services at any time, for any reason. Subject to applicable law, Asklepieia reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Site pursuant to its internal record retention and/or content destruction policies. After such termination, Asklepieia will have no further obligation to provide the Asklepieia Services, except to the extent that we are obligated to provide you access to your health records or Healthcare Professionals are required to provide you with continuing care under their applicable legal, ethical and professional obligations to you.
11. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE SITE OR ASKLEPIEIA SERVICES IS AT YOUR SOLE RISK. Both the Site and Asklepieia Services are provided on an "AS IS" and "AS AVAILABLE" basis. ASKLEPIEIA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, whether express or implied, including, but not limited to any warranties of merchantability, fitness for a particular use or purpose, non-infringement, title, operability, condition, quiet enjoyment, value, accuracy of data and system integration.
12. Limitation of Liability
YOU UNDERSTAND THAT to the extent permitted under applicable law, IN NO EVENT WILL ASKLEPIEIA, THE AUDITOR, ASKLEPIEIA PROFESSIONALS OR THEIR OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE for indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for lost profits, responsibility from negotiations, use, data or other intangible losses arising out of or related to your use of the Site or the Asklepieia Services, regardless of whether such damages are based on contract or tort (including negligence and strict liability), warranty, statute or otherwise.
Further, Asklepieia is not liable for:
(i) Damages or losses arising from any transaction between you and any Healthcare Professional,
(ii) The availability and accuracy of the content, products and services of any of the Healthcare Professionals &
(iii) Any delay or failure of provision of Asklepieia and/ or Healthcare Services which is due to causes beyond our reasonable control.
To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
You agree to indemnify, defend and hold harmless Asklepieia, the Auditor, Asklepieia Healthcare Professionals and their officers, directors, employees, agents, subsidiaries, affiliates, licensors, and suppliers, harmless from and against any claim, actions, demands, liabilities and settlements, including without limitation reasonable legal and accounting fees (“Claims”), resulting from, or alleged to result from, your violation of these Terms.
14. Professional Standards
All Healthcare Professionals hold the professional licenses issued by the professional licensing boards or agencies in the areas where they practice. All medical doctors and dentists meet the Asklepieia quality criteria required for a Healthcare Professional to become member of the Asklepieia network or otherwise contracted with Asklepieia. You can report a complaint relating to the care provided by a Healthcare Professional by contacting the professional licensing association in the area where the care was received. In a professional relationship, sexual intimacy is never appropriate and should be reported to the association or agency that licenses, registers, or certifies the licensee.
You can find the contact information for each of the local professional licensing associations governing medicine here and governing dentistry here.
15. Website Links
WE WILL NOT BE LIABLE FOR ANY information, software, or links found at any other website, internet location, or source of information, nor for your use of such information, software or links, nor for the acts or omissions of any such websites or their respective operators.
16. Privacy and Communications
As part of providing you with the Asklepieia Services, we may need to provide you with certain communications such as appointment reminders, service announcements, privacy notices, administrative messages, assessment questionnaires and other communications about the Asklepieia Services (“Communications”). These Communications are considered part of the Asklepieia Services.
You understand that by checking the “agree” box for these Terms and/or any other forms presented to you on the Site you are agreeing to these Terms and that such action constitutes a legal signature. You agree that we may send to you Communications through electronic means including but not limited to: (1) by email, using the address that you provided to us in the ”Get a Quote” Form, (2) short messaging service (“SMS”) text message to the mobile number you provided us in the ”Get a Quote” Form (“SMS Messages”), (3) push notifications on your tablet or mobile device, or (4) by posting Communications on the Site. The delivery of any Communications from us is effective when sent by us, regardless of whether you read the Communication. You can withdraw your consent to receive Communications by unsubscribing through the link at the bottom of each electronic communication. While secure electronic messaging is always preferred to insecure email, under certain circumstances, insecure email communication containing personal health information may take place between you and Asklepieia. Asklepieia cannot ensure the security or confidentiality of messages sent by email.
Any dispute concerning the application, interpretation, nullity of these Terms, the existence or non-existence of rights and obligations of the contracting parties under contract or even tort, shall be interpreted in accordance with Greek law and shall be subject to the exclusive jurisdiction of the competent courts of the city of Athens (Greece), under the jurisdiction of which the parties are voluntarily submitted.
No waiver by Asklepieia of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Asklepieia to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
Please send any questions or report any violations of these Terms to: info @ asklepieiahealth.com