GENERAL TERM AND CONDITIONS
Between BookingsMed.com and Medical Institution
Bookingsmed is a registered trademark owned by World Fine Selections SRL - Strada Grivitei, 36 - ORADEA - ROMANIA - P.IVA RO41377700
A - BookingsMed.com is a simple, innovative, professional, fast and secure online platform aimed at creating and promoting Business to Consumer (B2C) relationships also through Networking, Web Marketing, Fairs, Catalogs and Social Business Network.
B - The Company is the service provider, it can be Clinic, Hospital, Medical Center, Doctor, Medical Spa, Thermal Spa, where are present authorized doctors. The plattform is opened to all the Medical Institution regularly authorized by their National Law.
C – The Distributor is a BookingsMed appointee for advertising the services offered on the platform, there may be a Distributor for each Country.
D - The Facilitator is a BookingsMed appointee for advertising the services offered on the platform, there may be a Facilitors for each City.
E - The User (End User) is the user of the service provided by the Company.
1.2 The use of the BookingsMed.com platform is governed by present Conditions (hereinafter "General Conditions"), which may be amended at any time and communicated to suppliers and to users in their new form through online publication on the site http://www.bookingsmed.com/
1.3 These conditions govern the methods and terms with which BookingsMed.com provides its customer (hereinafter the "Company") the Service with the technical characteristics and economic conditions of the single commercial offer chosen by the Company, as identified in the Registration Form or by registering online at the link http://www.bookingsmed.com/register with which the request for activation or renewal of the service is made (hereinafter the "Form") filled in and forwarded online or through authorized promoters .
1.4 The service is provided by BookingsMed.com through the internet net, in the state of fact and law in which it is found at the date of the activation request which the Company, by accepting these general conditions, explicitly declares to know and accept.
1.5 Any additional services, other than those provided in the offer may, be provided by BookingsMed.com only after a specific written request by the Company, according to the procedures to be defined from time to time.
1.6 For its Promotion and Marketing activities, as well as for visibility services rendered to the Company, BookingsMed can receive, at the Company's discretion, sums paid as annual FEE MARKETING or as a% (percentage) of the turnover generated.
1.7 These General Conditions are drawn up and prepared in compliance with Dir. 2000/31 / EC on electronic commerce, with Legislative Decree 70/2003, with Legislative Decree 196/2003 and with Law 40/2007 (urgent measures for the protection of consumers, the promotion of competition, the development of economic activities and the creation of new businesses), are of a general nature and may undergo changes made necessary by changes in legal provisions.
2) CONCLUSION OF THE CONTRACT
2.1 The online transmission of the Form to BookingsMed.com or the signing of the same online Form at the link https://www.bookingsmed.com/login.html , constitutes full acceptance by the Company of these General Conditions, as well as the content of the documents, rules, payments and procedures referred to by them, making them binding towards the company. The general conditions (or even the "Terms") are an integral part of the Agreement and, together with the "Form", make up the "Agreement" stipulated between BookingsMed.com and the Company (each defined as "Party", collectively the "Parties") .
2.2 The Contract is concluded on the date of correct and timely receipt by BookingsMed.com of the Form, completed, signed and accepted by the Company in its entirety with two methods agreed in the form : fixed annual fee / fee as a % (percentage) paid on the turnover and (when agreed in the Form) together with the receipt of the payment chosen by the Company. It is understood that after 30 (thirty) days from the date of the order, in the absence of receipt by BookingsMed.com of the payment within the terms indicated above, the order will be delated and canceled, without notice; the Company acknowledges and accepts that it will not be able to make any claims against BookingsMed.com and relieves it, now and then, of any liability in relation to the cancellation of the order. Any sums received in payment by BookingsMed.com in reference to a canceled order will be retained as a penalty, in addition to the right to compensation for the damage suffered by the same.
3. SELLING A PRODUCT OR A SERVICE THROUGH THE PLATFORM
3.1 BookingsMed does not engage in any intermediation activity, once the price and availability have been verified, the customer can make a reservation or purchase a service. No reservation will be effective and valid unless confirmed by the relative payment of the partial or total amount as set by the Company in its own control panel. BookingsMed.com uses both the banking circuit and the Pay Pal payment circuit.
3.2 Upon purchase by a customer of the BookingsMed.com platform, the Company will receive an email containing all the details, requested and purchased services by the customer, showing all the payment details.
3.3 The payment will arrive directly in the bank account set up by the Company in its Back End and the platform will issue an invoice on behalf of the Company directly to the end customer who will receive all the details of the transaction made. In addition to the taxes, surcharges and surcharges that must already be included and indicated in the sale, the Company will not charge the customer any transaction / administration fee or any supplement regarding the payment method (e.g. credit card).
3.4 By accepting these General Conditions, the Company expressly agrees that the invoice can be sent and / or made available in electronic format.
3.5 By making a sale through the Platform, a direct relationship (and therefore a legal relationship) is established solely between the company and the paying Customer. The company must accept the customer as its contractual party and deal with the online sale in accordance with the Company Information on the Platform (including rates) at the time the sale has been made and confirmed, without excluding the additional information and / or the needs made known by the customer.
3.6 In the event that the company provides for a MARKETING FEE / SERVICE CHARGE which can be fixed or as a% (percentage) of turnover and recognized for the promotion activity carried out by BookingsMed, as provided for in the contract / registration form, BookingsMed will retain said % (percentage) at the time of the payment by the Customer, the company will then receive the net amount of the Customer's reservation directly into his bank account, and the platform will issue an invoice on behalf of the Company directly to the end customer who will receive all the details of the transaction made.The company will not charge BookingsMed any transaction / administration fee or any supplement regarding the payment method (e.g. credit card).
The remaining amount will be paid on place by the customer.
4) ACTIVATION AND DELIVERY OF THE SERVICE
4. 1 The Company acknowledges and accepts that the procedures for activating or renewing the Service will begin after the conclusion of the Contract and from the moment of the Company's online publication. It is understood that the Company must transmit to BookingsMed.com or upload from its administration panel, all the necessary documentation, accompanied by the relative releases and / or concessions of brands, photos, descriptions, rates, packages, services, videos, price lists, brochures and whatever else will be necessary to carry out the requested service. BookingsMed.com will notify the Company by e-mail of the activation of the Service, which will take place within a maximum period of 90 (ninety) days from receipt of complete documentation, except for delays due to force majeure.
4. 2 BookingsMed.com reserves the right not to proceed with the activation or renewal of the Service, at its sole discretion and will notify the Company of the non-activation or non-renewal of the Service, without having to indicate the reasons, and if paid, will be required exclusively to return to the Company the paid amount, without any further charges and interest.
4.3 BookingsMed.com is not, and will in no way be held responsible for complaints made by customers due to the Company or the products it has inserted.
5) DURATION, RENEWAL, TERMINATION OF THE CONTRACT
5.1 The duration of these services last normally 12 months with effect from the date of activation of the Service, in some cases it is tacitly renewed from year to year and in some cases it is equal to the period selected and indicated by the company when ordering in the form offline / online registration. BookingsMed.com has the right to suspend or revoke the service at any time in the cases provided for in this contract. By the expiration date approaches, BookingsMed.com, as a mere courtesy and therefore without assuming any obligation towards the Company, will have the right to send to the reference e-mail boxes, notices of upcoming expiration and consequent termination of service in case of non-renewal.
5.2 On the expiration date set for the chosen Service, the Service and any Additional Services will be deactivated and the Contract will cease to be effective, unless renewed at least 30 (thirty) days before the expiration itself, by forwarding the appropriate order online renewal and payment of the relative amount, at the rates and contractual conditions in force at the time of renewal. If the renewal of the contract is requested during the 30 (thirty) days prior to the expiration date, BookingsMed.com does not guarantee that the related practices will be successful; The Company, therefore, relieves BookingsMed.com from any liability in this regard, including any visibility or other problems that may arise following the expiry of the Service not renewed in the contractual terms. BookingsMed.com has the right to leave the company online for tacit renewal in the event of a failure by the company to communicate the withdrawal.
5.3 At the end of the contractual relationship, for any cause due (for example due to the expiry date, withdrawal or termination) the Company and BookingsMed.com will be free from mutual obligations, the Service will be deactivated, the accesses disabled, and therefore it will not be more possible to access and use it. For this reason, the Company is expressly required to carry out, on a date prior to the expiry of the contract, at its own expense and on a specific support, a copy of any data and / or content entered as BookingsMed.com does not guarantee its recover following the expiration of the contract and assumes no responsibility in this regard: at the end of this last term they will be canceled and / or destroyed. In any case, the Company undertakes, now by then, to indemnify and hold BookingsMed.com free from any liability and / or request for damages connected to the deactivation of the Service and to any partial or total loss of data, information and content, allocated at the time of the expiry of the contract.
6) AUTHENTICATION CREDENTIALS
6.1 Access to the service takes place through the use of an identification code (login) and a keyword (password) assigned to the company by BookingsMed.com and communicated via a confirmation e-mail. The Company, therefore, undertakes to store and use these credentials with the utmost confidentiality and diligence. The Company also undertakes to promptly notify BookingsMed.com in writing of any unauthorized use of one's login and / or password and any other breach of security of which it becomes aware. BookingsMed.com will hold the company responsible for any unauthorized use of its authentication credentials.
6.2 Unless BookingsMed.com states otherwise, all product entries, prices, conditions of sale and transport and all changes, updates and / or corrections of Company Information (including rates, availability and products) must be made directly online by the Company through the Extranet except in cases where updating by BookingsMed.com is expected.
6.3 BookingsMed.com has a synchronization service called XML system or INTERFACE with which companies can connect to synchronize their management systems with the BookingsMed.com platform (including rates, availability, products, etc.). The interface is developed for each activity and has an extra cost.
6.4 Overbooking - All bookings received through www.bookingsmed.com based on availability, prices and conditions are determined by the Company itself; the information relating to the payment or credit card is collected online and transferred to the Company; all published appointments and services are considered guaranteed and will be considered automatically accepted by the Company.
6.5 No Show - In the event that the customer does not show up at the scheduled appointment, the Company can withhold the deposit paid by the patient to confirm the reservation paid ( max 25%). If the booking has been made to a company that has agreed a FEE MARKETING with% (percentage), the deposit is retained by BookingsMed itself as a reimbursement of service costs.
7) FUNCTIONALITY OF SERVICES AND SUSPENSION CASES
7.1 The Services (including additional ones) will normally be available 24 (twenty-four) hours a day; however, the Company acknowledges and accepts that BookingsMed.com may suspend and / or interrupt their supply to allow the execution of ordinary or extraordinary maintenance that may be appropriate and / or necessary.
In addition to this hypothesis, BookingsMed.com has the right to suspend and / or interrupt, at any time and without notice, the provision of the Service if BookingsMed.com, at its sole discretion, whenever has reason to believe that:
a) the Company has violated the provisions contained in these conditions;
b) in the event of failures due to unforeseeable circumstances or force majeure as well as in the case of non-programmable and / or foreseeable and technically indispensable modifications and / or maintenance
c) if there are justified reasons of security and / or guarantee of confidentiality;
d) In such cases, BookingsMed.com undertakes to carry out the necessary interventions as quickly as possible and to restore the Services as soon as possible in order to reduce the inconvenience created to the Company.
7.2 The Company acknowledges and accepts that, in all the cases listed above, and in any case in which a suspension and / or interruption of the Service occurs, even if not dependent on facts attributable to BookingsMed.com, BookingsMed.com will not be in no way responsible towards the Company or anyone for the unavailability of the Service, however not guaranteeing the continuity of the service, the integrity of the data stored or sent through the BookingsMed.com system and / or through the internet. The Company, therefore, acknowledges and accepts that it will not be able to make any request for damages, reimbursement or compensation against BookingsMed.com for the suspension or interruption of the Service which has occurred and raises it, now by then, from any liability in this regard.
8) COMPANY DATA
8.1 The Company undertakes to communicate to BookingsMed.com the personal data necessary for the full and correct execution of the contract; he also guarantees, under his own personal and exclusive responsibility, that the aforementioned data are correct, updated and truthful and that they allow to identify his true identity. It is understood that the information on the company (including rates, availability and products) must be systematically checked and updated directly online by the company via the Extranet or in other ways that BookingsMed.com may indicate. The company also declares and guarantees that: a) it has all the rights, powers and authority necessary to use, manage, own the Intellectual Property Rights, as indicated directly or indirectly in the Company Information on the Platforms ; b) to possess and comply with all permits, licenses and other governmental authorizations and requirements necessary to conduct, implement and continue its operations and business, and to keep the company available to receive reservations and purchase orders on the Platforms; c) that the Company, its managers, its owners are not in any way connected or involved with, nor are they part of, nor are they under the control, ownership or management of terrorists or terrorist organizations; associations, natural or legal persons guilty of money laundering, fraud, corruption and extortion.
8.2 BookingsMed.com operates online advertising campaigns at its own expense and at its own discretion.
8.3 The personal data provided by the company will be processed in compliance with the privacy rules available on the BookingsMed.com Home Page and which the Company declares to have read.
8.4 The visible information about the company may be without telephone numbers, fax numbers and / or e-mail addresses (including Skype), and the addresses of websites / applications / platforms on social networks (including Twitter and Facebook) that do a direct reference to the Company, to the websites, applications, platforms, tools or other devices of the Company, or to the websites, applications, platforms, tools or other devices of third parties. BookingsMed.com reserves the right to modify or not to include any information deemed incorrect, incomplete or in violation of the terms and conditions of this Agreement at its sole discretion.
8.5 The Company will receive its customer's data privately via email and the same will be visible in their Back End panel, the customer will also receive all the complete Company data by email.
8. 6 The company authorizes BookingsMed.com worldwide to:
disclose, make public, modify, adapt, communicate, reproduce, copy and make available to the public in any way, distribute, use, reproduce, have reproduced, communicate to third parties, sublicense the information, offers and data of the 'Company provided to BookingsMed.com by it that are necessary for BookingsMed.com to exercise its rights and to fulfill its obligations under this Agreement; also in collaboration with affiliated companies and / or third parties, or their websites, their applications, their platforms, their tools or their other devices (the "Third Party Platforms").
9) OBLIGATIONS, PROHIBITIONS AND RESPONSIBILITIES OF THE COMPANY
9.1 Unless BookingsMed.com states otherwise, all changes, updates and / or corrections of the Company Information (including rates, availability and descriptions) must be made directly online by the company via the Extranet. or in other ways that BookingsMed.com may indicate. Updates and changes regarding images, photographs and descriptions will be reviewed by BookingsMed.com as soon as possible.
By way of example but not limited to, the Company undertakes to:
a) use the Service in compliance with the intellectual and / or industrial property rights of BookingsMed.com or of Third Parties and to ensure that any material that he may enter into the Internet, including through the services offered by BookingsMed.com, is in its legitimate and complete availability, it does not conflict with mandatory rules, does not violate any copyright, trademark, patent or other right of third parties or of BookingsMed.com protected by law or by contract. Any material protected by copyright can be placed on the network only if the Company has obtained the rights of use from the actual owner of the relevant copyright and reports the source;
b) not to use or have third parties use, directly or indirectly, the Service in violation of current legislation, morality and / or public order, in order to disturb public or private peace, to cause offense, direct or indirect damage to anyone , including himself.
c) not to carry out, through the service provided by BookingsMed.com, acts aimed at violating or attempting to violate the computer systems and / or the security of the networks of BookingsMed.com or third parties, and / or the confidentiality of messages private individuals, or in any case acts aimed at damaging the integrity of the resources of others or causing direct or indirect damage to anyone or from which civil and / or criminal liability could arise;
d) not to access the systems, networks and / or information of third parties that have not provided explicit authorization;
e) not to offer information to the public (textual or graphic) harmful to the image of BookingsMed.com through the services made available;
f) not to carry out spamming or equivalent actions, transmit or disseminate any material that contains viruses, other codes, files or programs created to compromise, interrupt, destroy or limit the operation of the network, software, hardware or telecommunications systems of BookingsMed. com and / or third parties;
g) treat and have any employee or collaborative staff treat as confidential any data and / or information received, known or managed for or due to the provision of the Service.
h) not to offer false, untruthful or harmful information to the customer's health
9.2 In case of violation or alleged violation of even one of the obligations indicated above, BookingsMed.com will have the right to intervene in the forms and ways deemed appropriate to eliminate, where possible, the violation or alleged violation and its effects, and to suspend and / or interrupt and / or disable access to the Service, immediately and without notice, also reserving the right to terminate the contract pursuant to Article 10 below and to withhold the sums paid by the Company as a penalty , except for compensation for greater damage. The Company acknowledges and accepts that BookingsMed.com will have nothing to claim by way of reimbursement, indemnity or damages for the measures that BookingsMed has deemed appropriate to adopt.
In any case, the Company assumes, now by then, all responsibility for the above violations and undertakes to indemnify and hold BookingsMed.com harmless from any prejudicial consequence, from all losses, damages, liabilities, costs, charges and expenses, including legal ones, that may be incurred or suffered by BookingsMed.com as a consequence of any failure by the Company to fulfill its obligations and the guarantees given by him with the acceptance of these General Conditions, or in any case connected to the entry of information on the internet through the Service provided by BookingsMed.com, even in the event of compensation for damages claimed by third parties for any reason.
10) EXPRESS TERMINATION CLAUSE
10.1 This contract is terminated by law, if the Company:
a) has previously been or is in default for any reason against BookingsMed.com
b) fails to pay the amount requested, and the service has in the meantime been activated, also notwithstanding the provisions of Art. 4;
c) has been declared insolvent or has been admitted or subjected to insolvency proceedings;
d) uses the services in a different way than that communicated to BookingsMed.com or as authorized by the latter;
e) violates the provisions contained in these General Conditions.
f) in the event that the company publishes a product or service as available and fails to supply the same upon completion of the sale, BookingsMed.com has the right to terminate the contract
g) The Company (under this or other similar denomination) declares and guarantees to offer the best rates of the published products and that it is not possible to find the same online for the same Company at a lower price, under the same conditions of sale and for the same quantities. The company is required to promptly adjust the rates and if it does not guarantee the best price, BookingsMed.com has the right to suspend the provision of the service due to lack of competitiveness.
In the cases indicated above, the termination occurs by law by means of a unilateral declaration by BookingsMed.com, to be carried out by registered letter with return receipt. o certified e-mail (PEC) to be sent to the Company at one of the addresses indicated by him when ordering the Service.
10.2 The Company acknowledges and accepts that the sums paid by the same will be retained by BookingsMed.com as a penalty, without prejudice in any case to compensation for greater damage, without the Company being able to make any request for reimbursement, compensation and / or compensation for damages for the period of time in which he did not use the Service. It is understood that the aforementioned legal termination operates without prejudice to the other termination hypotheses, and in general to the other protection instruments provided for by law, including actions aimed at obtaining compensation for any damage suffered by BookingsMed.com.
11) POSITIONING - REVIEWS - JUDGMENTS - BLOG - QUALITY CERTIFICATE – SELECTION
11.1 The position in which the company is published on the Platforms or POSITIONING is decided unilaterally by BookingsMed.com based on its own parameters, namely the evaluation of customers who have tried the product or service, cancellations or reviews.
11.2 REVIEWS - GUEST REVIEWS – BLOG
BookingsMed.com is a platform of global importance and within it, visitors and customers of companies can express opinions, judgments and comments.
BookingsMed.com reserves the right to make such opinions and comments available on the Platforms. In order to avoid acts of unfair competition between companies, BookingsMed.com does not make negative reviews visible to the public but only positive ones. The company acknowledges that BookingsMed.com does not publish such comments, but is only a distributor of them, and therefore does not have no obligation to verify them. BookingsMed.com is committed to checking and examining such comments, ratings and opinions as much as possible in order to avoid obscenities and reserves the right to reject, review or remove unsuitable reviews that contain obscenities or any references to people's names. If negative reviews have inadvertently escaped the controls, it is possible to request their cancellation by sending an email to firstname.lastname@example.org / email@example.com
11.3 Mystery Guest
BookingsMed.com reserves the right to verify the authenticity of any negative reviews also through its officials. The company accepts as of now that it can be excluded from the platform due to its own fault if the negative reviews are serious, true and well-founded.
BookingsMed.com is not, and shall in no case be held responsible for the content and consequences arising from the publication or distribution of any comment, judgment or opinion.
BookingsMed.com is an online platform aimed at creating and promoting Business to Business (B2B) and Business to Consumer (B2C) relationships. The relationship that is established with the final customer, be it a company or a consumer, is a direct relationship and therefore a legal relationship only between the registered company and the customer who purchases a product or service within http: // www .bookingsmed.com /
BookingsMed.com will therefore not be held liable to the customer if the product sold or proposed by the company is defective, faulty, non-compliant or otherwise does not comply with that published by the company on the platform (s)
11.1 In general, early termination of the contract by the Company is excluded. In the event of illegitimate cancellation, withdrawal or termination by the Company, BookingsMed.com is from now on authorized to withhold the sums paid by the Company as a penalty, without prejudice in any case to compensation for greater damage.
14) BookingsMed.com reserves the right to change, modify, add or remove all or part of these General Terms and Conditions at its sole discretion, and to make them public from time to time on the platform http: // www .bookingsmed.com / in the appropriate sections
15) SOLVE ET REPETE
Any dispute regarding the contract, its execution or alleged defects in the supply does not legitimize the Company to suspend or delay the agreed payments and, in any case, the "solve et repete" clause must be observed.
16) DEFAULT IN PAYMENTS
No question or defense can be asserted in court by the client if he is in arrears with the payments.
17) JURISDICTION - National and International Arbitration Chamber
All disputes arising from this contract or in relation to it will be definitively resolved according to the Arbitration Rules of the National and International Arbitration Chamber of Oradea by one or more arbitrators appointed in accordance with said Rules.