GENERAL TERMS AND CONDITIONS
- Introductory Language
- Medical Advice
- Intellectual Property
- Must be 18 Years or Older
- Password Use and Identity
- Links to Third Party Websites
- Notices; Contacting TAQTIK HEALTH
- Warranties and Limitations of Liability
- Governing Law
- Dispute Resolution
- TaqTik Health Services and Medical Services Provided outside of the United States of America
- Payment to TaqTik Health related to Medical Services Provided in the United States of America to Non-U.S. Patients
- Additional Terms; Miscellaneous
TAQTIK HEALTH provides an online global transactional healthcare marketplace for patients who may search and compare professional health or medical care, service, advice, treatment, diagnosis, or any related purpose (“Medical Services”) worldwide and engage at their option, through TAQTIK HEALTH, with one or more hospitals, hospital networks, clinics, physicians, and other providers of healthcare services (collectively, “Healthcare Providers”) for Medical Services that appear on this website (this “Site”). If you elect to engage a Healthcare Provider through this Site, you acknowledge and agree that you may be entering into a patient relationship with a Healthcare Provider. You agree that you have no patient relationship with TAQTIK HEALTH and that TAQTIK HEALTH does not provide, and has no responsibility or liability of any kind for, Medical Services rendered by the Healthcare Provider or the actions or inaction of such Healthcare Provider. Although TAQTIK HEALTH endeavors to inform you about reputable and qualified Healthcare Providers, you further acknowledge and agree that TAQTIK HEALTH does not recommend, endorse, or make any representations or warranties regarding the Healthcare Providers or Medical Services and has no responsibility, liability, or obligation of any kind for the accuracy, completeness, or other aspects of the information provided by such Healthcare Providers, whether on this Site or otherwise, or for the relationship between you and the Healthcare Provider you select.
You further acknowledge that the nature of the Medical Services that you may require can only be determined by the Healthcare Provider, and any list of services or requests for services made through this Site, and any quotes for the fees charged for such Medical Services, are merely quotations and estimates and may not reflect the actual services provided or amounts charged. It is solely up to you to determine whether any health and medical insurance plan you may have will apply to the Medical Services and what requirements there may be to utilize such insurance in connection with the Medical Services. TAQTIK HEALTH has no responsibility or liability of any kind related to the applicability of any health or medical insurance you may have in connection with the Medical Services.
- Medical Advice TAQTIK HEALTH collects data and other information regarding Healthcare Providers from a variety of sources. TAQTIK HEALTH is not a referral service and does not recommend or endorse any particular Healthcare Provider. Rather, TAQTIK HEALTH is exclusively an intermediary that provides selected information about Healthcare Providers. Healthcare Provider information consists of statements of opinion and not statements of fact or recommendations to utilize the services of any specific Healthcare Provider. You should obtain any additional information necessary to make an informed decision prior to utilizing any specific Healthcare Provider. This Site provides general information for educational purposes only and is not a substitute for seeking health or medical care from a qualified healthcare professional nor creates a provider-patient relationship. If you have or suspect that you have a medical problem or condition, please contact a qualified health care professional immediately. This Site and its services do not constitute the practice of Medical Services. TAQTIK HEALTH does not offer any advice regarding the quality or suitability of any particular Healthcare Provider with respect to Medical Services or otherwise. The information and materials provided on this Site are intended solely for your information and not any other purpose. Such information should not be considered or construed as, and is not a substitute for, Medical Services and is not intended to replace consultation with a qualified Healthcare Provider. This Site is not designed to, and does not provide, Medical Services to you or to any other person. You should not use the information in place of a visit, call consultation, or the advice of a qualified Healthcare Provider. You should always talk to your Healthcare Provider regarding Medical Services, including your specific medical needs. None of the products or services offered through this Site represents or warrants that any particular service or product is safe, appropriate, or effective for you. You should always seek the advice of your physician with any questions regarding personal health or medical conditions. You assume all responsibility in connection with choosing a Healthcare Provider, whether or not you obtained information about such Healthcare Provider on or through this Site.
- Intellectual Property The marks of “TaqTik,” “TaqTik Health,” and “TaqTik Health, Inc.” are trademarks and/or service marks of TAQTIK HEALTH INC. The marks and the content and design of this Site (the “Materials”) are protected by United States and international copyright and trademark laws. You may not copy, reproduce, republish, upload, post, display, transmit, or frame any of the Materials without the prior written consent of TAQTIK HEALTH. However, you may view, download, display, and print a single copy of the Materials on a single computer for personal, non-commercial use only, so long as: (a) you do not alter or modify the Materials in any way; (b) you include all applicable notices and disclaimers (including copyright notices); and (c) you do not use the Materials in a way that suggests an association with TAQTIK HEALTH or its Affiliates. You understand and agree that title to the Materials shall not pass to you or any other person or entity.
- Confidentiality Use of the Internet is solely at your own risk and is subject to all applicable local, state, federal, and international laws and regulations. While TAQTIK HEALTH has endeavored to create a secure and reliable Site, please be advised that the confidentiality of any communication or material transmitted to TAQTIK HEALTH over the Internet cannot be guaranteed. Consequently, neither TAQTIK HEALTH nor its Affiliates are responsible for the security or accuracy of any information transmitted using this Site, the accuracy of the information contained on this Site, or for the consequences of any reliance on any of the foregoing. You are responsible for making your own determination regarding the information that you provide or obtain through this Site.
- Must be 18 years or Older TAQTIK HEALTH is committed to protecting children’s privacy on the Internet and does not collect personally identifiable information from any person that TAQTIK HEALTH knows to be under the age of 18. This Site is intended for use by individuals 18 years of age or older. This Site is not directed for use by children under the age of 18. Persons under the age of 18 should get the assistance of a parent or guardian to use this Site. By using this Site, you represent and warrant that you are at least 18 years of age and possess the legal right and capacity to use this Site in accordance with the Terms.
- Password Use and Identity If you wish to access certain areas of this Site or the contents of this Site available on or through certain areas of this Site, you must choose a password during your completion of this Site’s registration process. By registering, you represent, warrant, and covenant that: (a) you are using your actual identity; (b) you have provided only true, accurate, current and complete information about yourself during the registration process; and (c) you will maintain and promptly update the information that you provide to ensure that it is true, accurate, current and complete. You may update your information at any time by logging into this Site and clicking on “Account Log In.” By logging onto this Site using any password, you represent, warrant and covenant that you are authorized to use such password and to engage in the activities that you conduct under such password. You are solely responsible for the confidentiality and use of your password, as well as for any activities conducted on or through this Site using your password. If you wish to cancel a password, or if you become aware of any loss, theft, or unauthorized use of a password, please notify TAQTIK HEALTH immediately. TAQTIK HEALTH reserves the right to delete or change any password at any time and for any reason.
- Links to Third Party Websites This Site may contain links to third party websites on the Internet for your convenience. These third party websites have not been reviewed by TAQTIK HEALTH and are maintained by third parties over which TAQTIK HEALTH exercises no control. Accordingly, TAQTIK HEALTH expressly disclaims any responsibility related to the content, policies, and practices of any third party websites and related to the availability, accuracy, reliability, completeness, currency, quality, performance, or suitability of the information, products, and services available or advertised on or through these third party websites. Moreover, these links do not imply, directly or indirectly, TAQTIK HEALTH’s endorsement of or affiliation with any third party website or its owner, or any information, products, or services provided by any third party. You assume all responsibility for the use of information from a third party website. When leaving this Site, you should be aware that the Terms may no longer govern, and, therefore, you should review the applicable terms and policies of each third party website.
- Termination TAQTIK HEALTH may, in its sole discretion, terminate your account or use of this Site at any time. You are personally liable for any orders that you place or charges that you incur prior to termination and you agree that your credit card will be charged by, or that you will otherwise remit payment to, TAQTIK HEALTH for such charges. TAQTIK HEALTH reserves the right to change, suspend, or discontinue all or any aspects of this Site at any time without prior notice.
- Notices; Contacting TAQTIK HEALTH All notices to you will be sent to the email address that you provide to TAQTIK HEALTH when you register. Such notice will be deemed given one business day after the notice is sent. If you have any questions about the Terms or this Site, or if you need to notify TAQTIK HEALTH, please contact TAQTIK HEALTH at email@example.com.
- Warranties and Limitations of Liability YOU AGREE THAT UNDER NO CIRCUMSTANCES, AND TO THE FULLEST EXTENT PERMITTED BY LAW, WILL EITHER TAQTIK HEALTH OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ANY OTHER MONETARY OR OTHER DAMAGES, FEES, FINES, PENALTIES, OR LIABILITIES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND DAMAGES, THAT RESULT FROM INCONVENIENCE, DELAY, OR LOSS OF USE) ARISING OUT OF OR RELATING IN ANY WAY TO THE USE OF THIS SITE, ANY CONTENT OF THIS SITE, MEDICAL SERVICES PROVIDED BY A HEALTHCARE PROVIDER, ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THIS SITE OR ANY ARRANGEMENTS MADE BASED ON INFORMATION OBTAINED ON OR THROUGH THIS SITE, EVEN IF TAQTIK HEALTH OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THIS SITE. YOU FURTHER AGREE THAT UNDER NO CIRCUMSTANCES, AND TO THE FULLEST EXTENT PERMITTED BY LAW, WILL EITHER TAQTIK HEALTH OR ITS AFFILIATES BE LIABLE TO REPAY OR REIMBURSE ANY PAYMENTS MADE BY YOU TO TAQTIK HEALTH AND/OR ANY HEALTHCARE PROVIDER. YOU AGREE TO RESOLVE ANY DISPUTES PERTAINING TO REPAYMENTS OR REIMBURSEMENT SOUGHT FROM A HEALTHCARE PROVIDER PERTAINING TO MEDICAL SERVICES IN ACCORDANCE WITH THE HEALTHCARE PROVIDER’S POLICIES AND PROCEDURES AND APPLICABLE LAW. CERTAIN STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU IF YOU RESIDE IN SUCH A STATE.
- Indemnification You agree to defend, indemnify, and hold TAQTIK HEALTH and its subsidiaries, licensors, suppliers, and affiliates, and their respective directors, officers, shareholders, managers, members, agents, employees, consultants and representatives (collectively, the “Affiliates”) harmless from, against, and in respect of any claim, charge, demand, action, or suit, whether in contract, tort, strict liability, negligence, or otherwise, for any and all losses, costs, charges, claims, demands, fees (including attorney’s fees), expenses, or damages of any nature or kind arising out of, connected with, or resulting from (i) the use (whether permitted under the Terms or not) of this Site, or (ii) relating in any way to the Terms.
- Governing Law With respect to matters involving residents of the United States (collectively, “U.S. Matters”), the construction and performance of the Site and Terms will be governed by the laws of the State of Delaware, without regard to conflicts of laws principles. In addition, you and TAQTIK HEALTH agree to submit to the exclusive jurisdiction of the state or federal courts within the State of California for any proceeding arising out of or in connection with the Terms brought by or involving residents of the United States. You hereby irrevocably consent and submit to the exclusive jurisdiction of and the service of process from such courts for any and all such actions. You knowingly, voluntarily, and intentionally waive any right you may have to a trial by jury in respect to any litigation arising out of, under, or in connection with TAQTIK HEALTH, this Site, the Terms, or any course of conduct, course of dealing, statements (whether verbal or written) or actions. For all matters other than U.S. Matters, the construction and performance of the Site and Terms will be governed by the laws of the State of California and any proceeding arising out of or in connection with the Terms brought by or involving any non-United States residents shall be brought in the courts within the City of Sunnyvale, California.
- Dispute Resolution Notwithstanding Section 12 above, with the respect to U.S. Matters, you agree that any dispute regarding, relating to, or arising from the Site and/or Terms may, at the sole option of TAQTIK HEALTH, be determined in accordance with the expedited Commercial Arbitration Rules of the American Arbitration Association (“AAA”) before a single arbitrator mutually selected by you and TAQTIK HEALTH. The award of the arbitrator shall be final and binding on you and TAQTIK HEALTH. Arbitration shall take place in the City of Sunnyvale, California USA. English shall be used in arbitration. You further agree that the AAA shall not administer the arbitration so that TAQTIK HEALTH will not have to incur administration and other fees of the AAA.
- Medical Services Provided outside of the United States of America If you choose to receive Medical Services outside of the United States of America (“U.S.”), you will receive TAQTIK HEALTH’s basic package of services FREE OF CHARGE. You may choose to purchase additional services offered to all clients as optional. TAQTIK HEALTH shall receive commissions or other payments from non-U.S. Healthcare Provider’s that will compensate TAQTIK HEALTH for the services TAQTIK HEALTH provides to you via the Site.
- Payment to TaqTik Health related to Medical Services Provided in the United States of America to Non-U.S. Patients This section only applies to you in the event that you are not a citizen of the U.S. and you do not reside in the U.S., and you choose to receive Medical Services in the U.S., in which case you hereby agree that TAQTIK HEALTH shall retain consideration for services TAQTIK HEALTH renders through the Site to you in accordance with the applicable U.S. state law and TAQTIK HEALTH’s contractual obligations with US providers. According to the terms of our standard agreements with Healthcare Providers, your total estimated costs provided through the Site will not exceed those charged by the Healthcare Provider should you contact the Healthcare Provider directly. All amounts above shall be remitted in U.S. dollars. You are responsible for all connectivity costs and expenses required to access the Site, including, without limitation, Internet service provider fees. Unless otherwise stated, our fees do not include any taxes, levies, duties, or similar governmental assessments of any nature, including but not limited to value-added, sales, use, or withholding taxes, assessable by any local, state, provincial, federal, or foreign jurisdiction (collectively, “Taxes”). You are responsible for paying all Taxes associated with payments made to TAQTIK HEALTH via this Site.
- Additional Terms; Miscellaneous No waiver of any of the Terms shall be deemed a further and continuing waiver of such Term or any other provision of the Terms. You agree that the failure to enforce any provision or obligation under the Terms shall not constitute a waiver or serve as a bar to the subsequent enforcement of such provision or obligation or any other provisions or obligations under the Terms. If any of the Terms are invalid or unenforceable under applicable law, the remaining provisions shall continue in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision. You agree that the Terms may be automatically assigned by TAQTIK HEALTH, in TAQTIK HEALTH’s sole discretion, to a third party. All rights not expressly granted under the Terms are hereby reserved for TAQTIK HEALTH. The Terms were last updated on 12 September 2016.