Terms and Conditions
The booking platform “booknowmed.com” (hereinafter: “Platform”) is provided by Virtus Vita Limited, a company duly established and existing under the laws of Cyprus, under registration number HE 305800 (hereinafter: “Virtus Vita”).
Any terms not defined herein have the same meaning as specified with the Service Agreement concluded between the Medical Facility and Virtus Vita.
Virtus Vita reserves the right, at its sole discretion, to change these Terms and Conditions from time to time. Medical Facility’s continued use of this Platform after such changes take effect will be deemed to constitute acceptance of new Terms and Conditions for Medical Facilities.
The Platform enables the promotion of the Medical Facility and booking of their medical services by the patients seeking for a desired medical treatment.
2. Medical Facility Account
Medical Facility must register an account (hereinafter: “Medical Facility Account”) to access and use the booking feature of the Platform. Virtus Vita can, if asked by the Medical Facility, assist creating and editing the Medical Facility Account.
Medical Facility is responsible to keep all data of Medical Facility Account accurate and to commit to it, in particular to the treatment availability dates at disposal for bookings over the Platform.
Medical Facility has to determine a responsible person/s for use and maintenance of Medical Facility Account and inform Virtus Vita on the assigned responsible person.
Medical Facility can register a Medical Facility Account using an email address and creating a password. Virtus Vita verifies the entered email address in the course of Medical Facility Account registration.
Medical Facility must provide accurate, current and complete information during the registration process and keep its Medical Facility Account up-to-date at all times.
Medical Facility may not register more than one (1) Medical Facility Account. Medical Facility may not assign or otherwise transfer its’ Medical Facility Account to another party.
Medical Facility is responsible for maintaining the confidentiality and security of its Medical Facility Account credentials and if Medical Facility discloses its credentials to any third party for conducting a booking on Medical Facility’s behalf, it remains responsible for its Medical Facility Account credentials. Medical Facility must immediately notify Virtus Vita if Medical Facility knows or have any reason to suspect that its credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of its Medical Facility Account. Medical Facility is liable for any and all activities conducted through its Medical Facility Account, unless such activities are not authorized by Medical Facility and Medical Facility is not otherwise negligent (such as failing to report the unauthorized use or loss of Medical Facility Account credentials).
Medical Facility assures that the registration and maintenance of the Medical Facility Account, offering medical treatments through the Platform, and nature of the relationship with Virtus Vita complies with laws of the country of the establishment of the Medical Facility, as well as with laws of the country of provision of services of the Medical Facility and Virtus Vita bares no responsibility with this respect.
Once this Agreement is terminated by the Medical Facility and upon conclusion of the new agreement, Medical Facility may restore its Medical Facility Account or any of Medical Facility Content. The Medical Facility should contact Virtus Vita at firstname.lastname@example.org for instructions and assistance for restoring their Medical Facility Account.
Virtus Vita enables the Medical Facility to (i) store and upload their contact and profile data on the Platform (hereinafter: “Medical Facility Content”); and (ii) access and view Medical Facility Content and any content that Virtus Vita makes available on or through the Platform, including proprietary booknowmed.com content and any content licensed or authorized for use by or through Virtus Vita from a third party (“booknowmed.com Content”).
The Platform, booknowmed.com Content, and Medical Facility Content may in its entirety or in part be protected by copyright, trademark international law, laws of Cyprus and other countries. Medical Facility acknowledges and agrees that the Platform and booknowmed.com Content, including all associated intellectual property rights, are the exclusive property of Virtus Vita and/or its licensors or authorizing third-parties. Medical Facility will not unauthorized use any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Platform, booknowmed Content or Medical Facility Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Virtus Vita used on or in connection with the Platform and booknowmed.com Content are trademarks or registered trademarks of Virtus Vita and its affiliates. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Platform, booknowmed.com Content, Medical Facility Content are used for identification purposes only and may be the property of their respective owners.
Unless Medical Facility provides specific consent, Virtus Vita does not claim any ownership rights in any Medical Facility Content and nothing in these Terms and Conditions will be deemed to restrict any rights that Medical Facility may have to use or exploit respective Medical Facility Content.
Medical Facility is solely responsible for all Medical Facility Content it makes available on or through the Platform. Accordingly, Medical Facility represents and warrants that Medical Facility is the sole and exclusive owner of all Medical Facility Content that it makes available on or through the Platform.
Medical Facility will not store and upload any Medical Facility Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person; (v) promotes illegal or harmful activities or substances; or (vi) violates these Terms and Conditions or any other Virtus Vita policy. Virtus Vita may, without prior notice, remove or disable access to any Medical Facility Content that it finds to be in violation of these Terms and Conditions or Virtus Vita’s then-current policies or standards, or otherwise may be harmful or objectionable to Virtus Vita, its affiliates, third parties, or property.
Virtus Vita respects copyright law and expects the Medical Facilities to do the same. If Medical Facility believes that any content on the Platform infringes copyrights Medical Facility own, please notify Virtus Vita.
4. Booking Procedure
Patient may, after choosing a medical treatment, request its reservation or request a personalized quote from the Medical Facility.
As to the reservation inquiry for a medical treatment, after the Patient completes the reservation and receives a confirmation email, the relevant Medical Facility gets notified by email about the inquiry and is obliged to login to its Medical Facility Account and to confirm or decline the reservation within 72 hours.
If the Medical Facility fails to reply to the reservation request by the patient within 72 hours, the request will be automatically cancelled, and the Patient will be notified by email.
If the Medical Facility confirms the reservation inquiry, it becomes a booking and a legally binding agreement or any other arrangement is formed between the Patient and the respective Medical Facility, subject to any additional terms and conditions of the Medical Facility that apply.
The Medical Facility has to reserve the medical arrangements booked through the Platform and the Patient gets a booking confirmation email generated by the Platform. Subsequently, the Medical Facility receives the contact data of the Patient that conducted the booking and vice versa, and one week before the booking date, the Medical Facility will receive a reminder email with all details of the booking.
If the Medical Facility rejects the reservation, the Patient gets notified by email on rejection of the reservation generated by the Platform and is offered another Medical Facility/treatment with the same characteristics.
The Patient’s request for a personalized quote will be communicated to the Medical Facility by Virtus Vita via email. In this case, Virtus Vita will share the contact details of the Patient with the Medical Facility and vice versa, with the goal to bring in contact the two parties for the realization of a potential booking.
All pending, upcoming, completed and cancelled reservations for dialysis treatments are visible in the Medical Facility’s Account.
For good understanding, upon a Patient’s decision to seek healthcare services at the Medical Facility, the Medical Facility shall be solely responsible to contact the Patient directly and request all necessary documentation (medical or other) in order to provide a final confirmation of the treatment schedule and the cost. The Patient shall provide all documents requested by the Medical Facility directly to the latter. Upon receiving the case file of a Patient, the Medical Facility shall review the same and respond to the Patient as soon as possible with a proposed course of action, treatment plan and a cost estimation. Upon the Patient’s consent, the Medical Facility shall coordinate directly with the Patient in order to arrange the completion of the agreed medical treatment. Virtus Vita is responsible of informing the Patient about the planned treatment through the Platform as per Medical Facility’s availability. Upon the Patient’s request, the Medical Facility will be solely responsible to communicate to the Patient, by the agreed method of communication, any and all important information concerning agreed treatment, including, but not limited to the following:
a) The minimum duration of stay at the Medical Facility;
b) Any examination the Patient will be required to provide;
c) The date(s) of any post-treatment examination(s).
5. Booking Modifications, Cancelations and Refunds
Modifications and additional arrangements, which affect the cost of the treatment, must be avoided. Medical Facility and patient are responsible for any modifications to a booking that they make via the Platform, and patient agrees to pay additional fees and/or taxes associated with such booking modifications to the Medical Facilities, if any. The Medical Facility is solely responsible to inform Virtus Vita, in writing, about any modifications or cancelations made to a booking.
Medical Facility cannot cancel a confirmed reservation i.e. a booking. Medical Facility is prohibited to urge a patient to cancel a confirmed reservation i.e. a booking conducted via the Platform with the aim to proceed with the booking of the respective treatment directly with the patient.
If the Medical Facility is unable to accommodate the patient for the booked travel or medical treatment for any reason whatsoever, it is obliged to respectively inform the patient and Virtus Vita by email and to offer an alternative solution for the patient. Medical Facility is solely responsible for reimbursements to the Patient in the event of booking cancelation, if any and is prohibited to present to the Patient that the cancelation of confirmed reservation i.e. a booking falls within the Virtus Vita’s responsibility. Notwithstanding the previous, Virtus Vita reserves the right to apply charges for such cancelations to the Medical Facility.
Patient has the right to cancel a reservation, request for personalized quote, or confirmed booking at any stage of the booking procedure with no cancelation fees or other charges as a result of any cancelation incurred and Medical Facility hereby acknowledges that it is not entitled to request such fees/charges from the Patient.
For cancelation of medical treatments and unsatisfied Medical Facilities no refund from Virtus Vita is possible.
Treatment costs which include necessary medical materials and medicines, taxes and charges are paid directly by the Patient to the Medical Facility and are presented as total fees to patients prior to conducting a booking via the Platform (hereinafter: “Total Fees”).
The Medical Facility is obliged to commit to the presented Total Fees for particular booking.
The Medical Facility is prohibited to apply different Total Fees for the particular booking, and if it does not comply to this provision, Virtus Vita may apply charges for breaching this clause and hereby Medical Facility consents to these charges or this may be a ground for the agreement termination concluded between the Medical Facility and Virtus Vita.
Irrespective to the booking modifications agreed between the Medical Facility and the Patient, Medical Facility is with respect to the fees owed to Virtus Vita tied to the initial booked medical treatment price.
Fees owed to Virtus Vita according to the Agreement concluded between the Medical Facility and Virtus Vita are to be paid in accordance with the respective Agreement which status (expected, overdue, completed) is visible with the Medical Facility Account. Fees owed to Virtus Vita are stated in the Agreement concluded between the Medical Facility, and all invoicing is being done pursuant to this Agreement. Virtus Vita makes sure that all potential Platform users (Medical Facilities) agree to pricing during process of concluding the contract and prior to invoicing. Virtus Vita does not provide refunds.
To the extent permissible pursuant to applicable law, Virtus Vita assumes no responsibility nor grant any warranties, express or implied relating to the operation, safety, condition or service of any physician, healthcare provider, hospital, aircraft, motor vehicle, boat, other conveyance, inn, lodge, or hotel and/or products associated with such entities or services that are used wholly or in part by, for or on behalf of the Patient. Virtus Vita is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such Medical Facility or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. Virtus Vita does not provide any assistance nor covers any cost regarding aforementioned, whatsoever.
For good understanding, the Medical Facility shall use best efforts to rely upon the existing diagnostic tests and materials/reports of the Patient. However, if such test results are inconclusive or misleading, the Medical Facility shall have the right to request the Patient to undertake a fresh assessment in order to arrive at an accurate diagnosis prior to administering the most appropriate health care services to the Patient, subject to the completion of appropriate documentation by the Patient. Virtus Vita is not part of the direct “doctor-patient relationship” that is held between the Medical Facility and the Patient, and therefore shall not be held liable for requests regarding additional testing or fresh assessments that Medical Facility may or may not request the Patient to undertake.
8. Limitations of Liability
Medical Facility agrees that neither Virtus Vita nor Patients will be liable for any damages resulting from Medical Facility’s use of, or reliance upon, Platform, any materials, or any services obtained on or through this Platform. In the event of any problem with the Platform, any materials, or services obtained on or through this Platform, Medical Facility agrees that her/his sole remedy is to cease using such items.
Medical Facility agrees that under no circumstances will Virtus Vita be liable for any indirect, incidental, special, punitive, exemplary or consequential damages (including, but not limited to, lost profits and damages that result from inconvenience, delay, or loss of use) arising out of use of the Platform, any materials, arrangements made based on information obtained on or through the Platform, or products or services obtained on or through the Platform, even if Virtus Vita or its affiliates have been advised of the possibility of such damages.
Medical Facility agrees to defend, indemnify, and hold harmless Virtus Vita and its’ affiliates, and their respective directors, officers, employees, agents, representatives, attorneys, successors and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys' fees and litigation expenses), relating to or arising from (i) Medical Facility’s use of the Platform, any Materials, or services obtained on or through the Platform, (ii) any arrangements Medical Facility make based on information obtained on or through the Platform, and (iii) any breach of these Terms and Conditions by the Medical Facility.
10. Copyright and Ownership
All of the Platform materials are the property of Virtus Vita. The Platform materials are protected by law, including, but not limited to, laws of Cyprus and international copyright law and trademark law and international laws and regulations. Other names and logos contained in Platform or in the Platform materials are trademarks and service marks of our affiliates and may not be used without the permission of the trademark or service mark owner.
11. Links to Other Sites
The Platform contains links to other sites on the internet for the convenience of its users. These other sites are maintained by third parties over whom Virtus Vita exercise no control. Accordingly, Virtus Vita expressly disclaim any responsibility for the content of these other sites and for the availability, accuracy, reliability, completeness, currency, quality, performance or suitability of the information, products and services available or advertised on or through these other sites.
12. Suspension and other Measures
Virtus Vita may take the following measures:
- refuse to surface, delete or delay any reviews, or other content;
- cancel any pending or confirmed bookings;
- limit Medical Facility’s access to or use of the Platform;
- temporarily or permanently revoke any special status associated with Medical Facility Account; or
- temporarily or in case of severe or repeated offenses permanently suspend and/or deactivate Medical Facility Account
in following circumstances: (i) in order to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, (ii) if the Medical Facility has breached these Terms and Conditions, Virtus Vita’s policies or standards, applicable laws, regulations, or third party rights, (iii) if the Medical Facility has provided inaccurate, fraudulent, outdated or incomplete information during the Medical Facility Account registration, listing process or thereafter, (iv) if the Medical Facility has repeatedly received poor reviews or Virtus Vita otherwise becomes aware of or has received complaints about its conduct, (v) if the Medical Facility has repeatedly declined bookings or other requests contrary to these Terms and Conditions, or (vi) if Virtus Vita believes in good faith that such action is reasonably necessary to protect the personal safety or property of Virtus Vita, its affiliates, or third parties, or to prevent fraud or other illegal activity
In case of non-material breaches and where appropriate, Medical Facility will be given notice of any intended measure by Virtus Vita and an opportunity to resolve the issue to Virtus Vita’s reasonable satisfaction.
If Virtus Vita takes any of the measures described above, Medical Facility will not be entitled to any compensation for pending or confirmed bookings that were cancelled.