Terms and Conditions

General Terms and conditions for the use of Healthtour's website

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General Terms and conditions for the use of Healthtour's website

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Welcome to the website of Healthtour and thank you for using our services ("Services"). The Services are provided by Healthtour, Inc. (hereinafter "Healthtour"), 555 California Street

Suite 4925 San Francisco, CA 94104

By using our Services, you as the user ("User") are agreeing to these General Terms and Conditions the "Terms". Please read them carefully.

Some of our Services are subject to additional terms. Additional terms will be available with the relevant Services and those additional terms become part of your agreement with Healthtour if you use those Services.

  1. 1.Scope of Healthtour's Services

    1. 1.1.

Healthtour provides information about medical services in USA and abroad on its website. The User can see profiles of medical service providers (hereinafter "Providers") on that website. The Providers alone are responsible for the content, accuracy and updating of these profiles. Healthtour is not obligated to and does not check the profiles.

  1. 1.2.

The information provided on Healthtour's website including the information provided by the Providers and other third parties cannot replace a medical consultation or a medical examination. The information shall not be used to independently decide whether to commence or terminate a medical treatment.

  1. 1.3.

The User is furthermore permitted to contact Providers. Healthtour only provides the platform for this purpose. For this purpose, it is necessary to collect, process and use personal data and a special category of personal data in the meaning of the US Data Protection Law.

  1. 1.4.

Certain types of forums are set up on Healthtour's website enabling the User (i) to provide information in order to review the services of Providers and to exchange experiences and opinions with other users, (ii) to evaluate Providers by way of a rating system and (iii) to give recommendations to Healthtour, other users or Providers. Contributions reflect personal perceptions, experiences and assessments of the Users. Only when Healthtour becomes aware or is made aware by third parties of a contribution that is not permitted by law or which is not in accordance with Healthtour's policy regarding fairness in dealing with business partners, the respective contribution will be deleted.

The User agrees to the long-term storage and publishing of his or her contributions made in forums.

  1. 1.5.

The use of Healthtour's website and the Services thereon is free-of-charge for the User.

  1. 1.6.

The User is entitled to set up a user account containing his or her personal data for using the Services. For this account, the Privacy Policies apply. The User may terminate the account at any time. In compliance with the Privacy Policies Healthtour will delete or block the personal data and specific personal data of the User as soon as the User has terminated the account. However, for the purpose of being able to trace and document the history of inquiries of the User or Providers in the event of any legal disputes related to Providers contacted by the User via Healthtour's platform, Healthtour will keep the first and the last name of the User and his or her email address. Healthtour will not use this data for any other than the aforementioned reason, in particular not for any promotional purposes, after the termination of the user account.

  1. 2.User's Obligations

    1. 2.1.

The User is obligated to protect login data (user name, password) carefully and against unauthorised access by third persons. The User alone is responsible for all activities on or through his or her account. The User shall inform Healthtour immediately if he or she has knowledge of an unauthorized use of his or her account or of any other security risk.

  1. 2.2.

The User shall only provide true and up to date information to Healthtour, Providers or other third persons on this website or in connection with Services rendered by Healthtour.

  1. 2.3.

The User shall only rate services of Providers or other third persons that he or she has personally used. The User is prohibited from making any ratings or contributions in a user forum provided by Healthtour, if they contain untrue facts, are defamatory or if they are not permitted by law (e.g. because they are of an abusive or disparaging nature).

  1. 2.4.

In the event of a violation of User's obligation pursuant to clauses 2.2 and 2.3, Healthtour is entitled to delete the respective information and contributions and - while taking into account the relevant User's legitimate interests - to block the User's account temporarily or permanently.

  1. 2.5.

If a claim is made by a third person against Healthtour due to a culpable violation of User's obligation pursuant to clauses 2.2 and 2.3, the User is obligated, upon the first written request, to indemnify Healthtour against third parties' claims as well as against costs which may be incurred by Healthtour as a result of an appropriate legal defense (e.g. court and lawyers' fees). The right to claim further damage compensation remains unaffected.

  1. 3.Liability of Healthtour for own services

    1. 3.1.

Other than as expressly set out in these Terms or additional Terms, Healthtour does not make any promises or quality declarations about the Services rendered by it and does not grant any guarantees regarding those Services.

  1. 3.2.

Healthtour is liable without limitation in the event of deliberate act or gross negligence. Healthtour is likewise liable without limitation in the event of a negligent breach of a duty, insofar as claims arising from injury to life, body or health are at issue.

  1. 3.3.

In addition, Healthtour is only liable in the event of simple negligence if a material contractual duty has been breached. Such a material duty, which endangers the performance of the purpose of a contract, is involved if the orderly execution of the contract is only possible by fulfilling the respective duty and if the User may routinely trust that those duties will be filfilled. The User's claim for damages in the event of a breach of material duties on the basis of simple negligence is, however, limited to damages that are foreseeable and typical for this type of contract.

  1. 3.4.

Healthtour's liability due to a deliberate act to deceive or a granted guarantee remains unaffected.

  1. 3.5.

Clauses 3.1 to 3.4 shall also apply to Healthtour's legal representatives, employees or any other of Healthtour's agents.

  1. 4.No Liability for Services of Third Persons

    1. 4.1.

Healthtour accepts no liability for the correctness, completion and up-to-dateness of any information provided by Providers or any other third parties on Healthtour's website.

  1. 4.2.

Healthtour's website contains cross references (so-called links) to websites belonging to third parties (e.g. Providers, hospitals, travel agencies or certification bodies) over the content of which Healthtour has no influence. The relevant owner or operator of the websites alone is responsible for the content of linked sites. Healthtour does not assume any liability for this external content. The linked sites were superficially checked for possible violations of the law when they were first linked to; there was no obvious violation of the law of the content discernible at that time. However, Healthtour does not constantly check the external content for changes which could form a new basis for a liability. However, Healthtour will remove a link to a third-party-website if it becomes apparent that the content of the linked website is unlawful and might result in any liability of Healthtour.

  1. 5.User's Liability

    1. 5.1.

The user is obliged to indemnify and compensate Healthtour for any damages due to User's culpable violation of the applicable law or the Terms in connection with the use of Services.

  1. 6.Data Protection

    1. 6.1.

Healthtour's Privacy Policies explain under which circumstances User's data are collected, processed and used when using Healthtour's Services.

  1. 7.Data Protection

    1. 7.1.

The User may use this website and the information on it only for the User's non-commercial, personal purposes.

  1. 7.2.

All content of Healthtour's website is protected by copyright and intellectual property rights. When using the Services, the User is not granted with any licenses of Healthtour's intellectual property rights with respect to Services rendered and information provided by Healthtour. Any utilisation not permitted by the copyright law requires advance written approval from Healthtour. Downloads and copies of content from Healthtour's website are only allowed for private and non-commercial use.

  1. 7.3.

Healthtour is entitled to use the information, inquiries and communications (e.g. to and with Providers) provided by the User or contributions made by the User in forums et cetera for Healthtour's business provided that this use shall comply with the applicable data protection regulations.

  1. 8.Validity and Change of the Terms, applicable law, venue

    1. 8.1.

Only Healthtour's Terms shall apply regarding the use of Healthtour's website and its Services. The User's general terms and conditions or similar regulations are herewith expressly rejected.

  1. 8.2.

These Terms remain in force until they have been changed or terminated by Healthtour. If the User does not consent with these Terms, he or she has immediately to cease the use of the Services and the User is obligated to terminate his or her user account (see also under § 1.6).

  1. 8.3.

Healthtour may modify these Terms or any additional terms that apply to specific Services rendered by Healthtour. Healthtour will make available a notice of modifications to the Terms on this website. Healthtour will make available a notice of modified additional terms in the applicable Service. Changes will not apply retrospectively and will become effective not earlier than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If the User does not agree to the modified terms for a Service, he or she has to discontinue the use of that Service according to clause 8.2.

  1. 8.4.

If there is any inconsistency between the Terms and the additional terms valid for specific Services rendered by Healthtour, the additional Terms will prevail to the extent of the inconsistency.

  1. 8.5.

The Terms and any additional terms for specific Services rendered by Healthtour and any disputes arising out or in connection with the respective terms shall be exclusively governed by California Law The United Nations Convention on Contracts for the International Sale of Goods shall not apply.

  1. 8.6.

If the User is a consumer, all claims arising out of or relating to these Terms and any additional terms for specific Services rendered by Healthtour as well as the Services shall be exclusively litigated by the courts of Berlin. If the mandatory statutory law does not allow this choice of venue, all claims arising out of or relating to these Terms and any additional terms for specific Services rendered by Healthtour as well as the Services shall be litigated by the courts pursuant to the statutory law.

  1. 8.7.

If the User is not a consumer, all claims arising out of or relating to these Terms and any additional terms for specific Services rendered by Healthtour as well as the Services shall be exclusively litigated by the courts of California.

Special indication in case that a customer obtains information from third persons (e.g. clinics)

All subsequent information is not provided by Healthtour but by the respective Provider or other third parties or is based on information by the Provider or third parties. Healthtour accepts no liability for the accuracy, completeness or up-to-dateness of those information provided by Providers or third persons. This applies equally to the content of websites operated by third persons to which Healthtour's website refers via links.

Please also refer to our General Terms and Conditions for the use of our website.