General Terms for Usage of this Website
By using this web site, you are agreeing to comply and be bound by the following terms of service and use. Please review the following terms in their entirety and ensure their comprehension before using and viewing this web site.
The terms "us", "we", "our", or "owners" refers to "The Clinic Finder Limited" and administrative operators of this web site, http://www.theclinicfinder.com and its related domains. "You" refers to the user or viewer of this web site.
The content in its entirety, including text content, graphics, layouts, and all source code, belong to the owners of the web site. This term is protected by intellectual property rights and copyright law. Copying, redistribution, use or publication either for free or for monetary gain is strictly prohibited. Some of the content on the site is the copyrighted and licensed work of third parties.
- The content of this web site in its entirety is subject to change without notice. Its purpose is for your general information only.
- No parties guarantee the accuracy, timeliness, performance, completeness, or suitability of the content and information found on this site. You acknowledge that errors or inaccuracies may exist, and that the owners of the site are in no way liable for any such errors.
- The owners of the site are not responsible and hold no liability for third-party content that may be posted on the site by end users, or for content that is linked to from this web site including other web sites.
- The use of and viewing of information on this site is at your own risk. Any consequences of use that may occur are not the liability of the web site owners.
- Unauthorised use of this web site or its contents may give rise to a claim for damages and/or be a criminal offence enforceable by local and international law.
- We reserve the right to restrict access to certain areas of the web site at our own discretion. If a username and password, or any other access credentials, are provided to you as the end user, it is your responsibility to keep such information confidential.
- The owners of the web site are not responsible for user-generated content, and no liable for any violations that such content may constitute.
Terms & Conditions of Use – For Clinics
The Clinic Finder Limited (TCF) is a service that introduces clients to healthcare providers. TCF is not involved in the provision of healthcare, diagnosis or advice. The TCF website provides information for clients, however we do not validate services. If a client decides to engage a healthcare professional, TCF recommends that the client researches the professional. Furthermore prior to an introduction to a healthcare provider through TCF, we recommend that the client discusses the treatment with their consultant, doctor, or general practitioner. TCF does not endorse its search results but merely lists healthcare practitioners on a geographical basis. Any prices presented by healthcare providers are subject to change and are presented as a general guide.
- An abbreviation of The Clinic Finder Limited; the company introducing a client to the practitioner in accordance with these terms and conditions.
- Individuals seeking medical services.
- Healthcare Providers
- All health professionals listed on the TCF site including but not limited to medical practitioners, hospitals, clinicians and clinics.
- Medical Services
- Medical services provided by healthcare providers.
- Clients seeking medical services within the boundary of their country of residence.
- Clients seeking medical services outside the boundary of their country of residence.
- A client who requests contact with a healthcare provider.
- Specified Representative
- A representative of the healthcare provider who is directly responsible for the management of interactions with TCF.
- Electronic data or information submitted by clients and healthcare providers for the purpose of attracting or finding clients or healthcare providers.
- www.theclinicfinder.com and all associated domains either currently present or created in the future.
1 Services Provided by TCF
- TCF is an introduction service for clients to healthcare providers. TCF will facilitate an introduction through a business to business search engine.
- TCF will provide information to clients from healthcare providers to assist them make an informed choice.
- TCF will pass healthcare providers contact details to clients and vice versa.
- Use of the TCF website is subject to registration on the website and agreement to these terms and conditions.
2 Services Not Provided by TCF
- TCF is not involved with transactions or contract of sale between client and healthcare provider.
- TCF is not involved with the sale of medical services between client and TCF.
- TCF is not involved with the sale of medical services between healthcare provider and TCF.
- TCF does not guarantee client transactions to healthcare providers.
- TCF is not a medical referral service and does not endorse, recommend or approve healthcare providers.
- TCF will not discuss or advise on issues relating to medical conditions or treatment with clients.
- TCF does not validate information provided by healthcare providers.
3 Service Levels
- Healthcare providers agree to contact a client within two business days of an introduction by TCF.
- Healthcare providers agree to provide an appointment within seven working days of an introduction by TCF.
4 Commencement and Duration
- This agreement commences on the date it is accepted by the healthcare provider.
- The agreement shall continue until terminated within these terms and conditions.
5 Data Protection
- The healthcare provider shall comply with all requirements of the local data protection act. In the United Kingdom this shall require registration with the Information Commissioner’s Office along with all statutes thereof.
- The healthcare provider agrees that it will not use the information about a client provided by TCF for any other purpose whatsoever other than the provision of healthcare.
- The agreement is entered into for the benefit of the client and thus the client or its agent is entitled to directly enforce the provisions of this agreement as a third party beneficiary.
- The healthcare provider agrees to allow TCF to audit data processing facilities for compliance upon request.
- The healthcare provider shall not disclose the identity of a client to any party other than TCF without written consent from the client.
- TCF agrees that all information entered into the production of marketing material has been obtained with permission of the individual or company.
- The healthcare provider agrees to indemnify TCF and keep fully indemnified all officers, employees, directors, agents, subsidiaries, affiliates, clients and suppliers and any service providers against any and all liabilities, claims, demands, losses, obligations, expenses, damages, penalties, compensations, actions, judgements, suits and costs of any kind or nature (including legal costs) resulting from any breach by the healthcare provider of clause 6.
- The healthcare provider shall for a term of seven years post treatment provide at their own cost and maintain medical negligence insurance, product liability, employer’s liability and professional liability insurance with an insurance company in respect of claims of loss or damage arising out of or in consequence of the healthcare providers obligations to the client and TCF.
- The healthcare provider will notify TCF immediately in respect of any claim or complaint being made against the healthcare provider that has been alleged and or proven.
- The healthcare provider agrees to provide TCF upon request evidence of insurance.
- The healthcare provider agrees that all medical services shall be supplied and performed by appropriately qualified, experienced, licensed, and trained personnel of the healthcare provider.
- Without prejudice to clause 7.1 the healthcare provider agrees that the administration of the medical services is permitted and lawful and carried out in accordance with the skill, prudence, and judgment that would be expected from an expertly qualified and experienced person at the time in the medical industry and in compliance with all applicable laws, enactments, orders, regulations, and other similar instruments and at all times in accordance with its own standards, policies and procedures.
- The healthcare provider shall:
- Have the legal capacity to enter in a contract and has power and authority to deliver and perform the obligations of the contract
- Hold a valid licence to provide medical services as issued by the medical regulatory authority in that country
- Notify TCF of any amendments to licence to provide medical services
- Not provide any false, untrue, misleading, or incorrect information whatsoever
- Certify that all information provided to clients and TCF is true and correct
- Review all provided information to TCF and clients at regular intervals and amend as necessary
- Not infringe upon a third party’s copyright, patent, trademark, trade secret or proprietary right or rights of publicity or privacy
- Remain in full compliance with all applicable legislation and remain a member of a recognised body that regulates that profession
- Notify TCF immediately should for any reason the healthcare provider cease to be a member of a recognised regulatory body or is non-compliant with any applicable legislation
8 Payments and Charges
- All payments due to TCF shall be made by the healthcare provider via PayPal unless alternative payment facilities have been arranged by TCF.
- All sums noted on the TCF website are exclusive of VAT and all other applicable duties and taxes are payable by the healthcare provider.
- Registration is required for both local and international healthcare providers to attract clients.
- The healthcare provider undertakes that all information provided during registration with TCF be accurate, up-to-date, non-copyrighted material or be in violation of a third party’s rights.
- The healthcare provider is responsible for maintaining and updating the information held on the TCF website.
- TCF is not liable to the healthcare provider for any losses incurred as a result of any unauthorised third party access to your account or fraudulent usage of financial information.
- All passwords and login details held by the healthcare provider must not be disclosed to any other person or permit either directly or indirectly any other representative to use their account.
- The healthcare provider must notify TCF of any unauthorised access to their account at the earliest opportunity.
- TCF reserves the right to terminate or suspend an account without prior notice at any time at the discretion of TCF.
- TCF is not liable to a healthcare provider or a third party for any suspensions, termination or loss of service.
- Specified representatives of the healthcare provider are responsible for management of its data on the TCF website. The healthcare provider is responsible for all matters relating to specified representatives. In the event a specified representative leaves the employment of a healthcare provider, alterations must be made immediately.
- Information sent over the internet is not completely secure. As such the healthcare provider accepts responsibility for the security risk associated with all information provided using the website.
- TCF is not responsible for any information sent over the internet and will not be liable to a healthcare provider or third party for damages or other loses incurred in connection with information sent by you or TCF over the internet or any information provided to you by a client or third party.
10 Termination and Suspension of Service
- TCF may at anytime and without notice terminate or suspend a healthcare provider for any reason.
- TCF will terminate an account immediately if the healthcare provider:
- Becomes bankrupt
- Enters into a voluntary or compulsory liquidation
- Provides incorrect information on the attendance of introductions
- Ceases or threatens to cease business
- Cannot validate information submitted on the website
- Fails to pay monies due to TCF
- Commits an offence
- Publishes defamatory or offensive material on the TCF website
- Commits a breach of this agreement and fails to remedy that breach within 30 days
- Fails to provide the medical services with skill, diligence, prudence, foresight and judgement that would be expected from a healthcare provider
- In the event of termination of a healthcare provider TCF will:
- Automatically terminate its access to the website
- Generate a final invoice for services
- In the event of suspension of a healthcare provider TCF will:
- Automatically lock its access to the website
- Investigate claims within 30 days of notice
- Determine within 30 days whether to terminate or re-instate an account
- TCF shall be entitled to terminate this agreement at any time without notice or penalty or charge.
- TCF requires a healthcare provider to continue proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions following termination of service by TCF.
11 Usage of the TCF Website
- The healthcare provider agrees not to use the TCF website:
- For any purpose that is fraudulent, unlawful or prohibited
- Where there is local law that prohibits the offering of particular services.
- In a manner that could cause damage to the TCF website or interfere with any other party’s use of the TCF website
- To post or transmit unlawful, harassing, threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material that could give rise to civil or criminal liability
- To transmit material that could harm the TCF website, its computer systems or those of its users; for example Trojans, worms, spyware, viruses etc.
- To access areas of the website not intended for their use
- To harvest or collect program material or information
12. Copyright of Information
- All information, content, graphics, text, sounds, images, buttons, trademarks, business names and logos contained on the TCF website are protected by copyright law.
- No part of the TCF website or its contents should be reproduced without express permission from TCF.
- The healthcare provider agrees to allow TCF to use the details provided by the healthcare provider on the website for publicity, marketing and client and business development.
- TCF does not routinely validate content provided by healthcare providers, but it upholds the right to do so without notice. TCF will raise any concerns about content with the healthcare provider immediately. The healthcare provider agrees to correct any misleading or untrue information or content that breaches these terms and conditions within three working days. TCF upholds the right to suspend or terminate a healthcare providers account without notice whilst content is in dispute.
- The healthcare provider is responsible to local advertising standards in respect to treatments provided.
- The healthcare provider should hold evidence of effectiveness of treatment.
- The healthcare provider acknowledges that clients may write both positive and negative reviews of its services on the TCF website and elsewhere, and the healthcare provider consents to those being published on the TCF website.
- The healthcare provider agrees not to write any reviews of its own or of any other healthcare providers on the TCF website.
14. Indemnity and Limitation of Liability
- TCF nor any of its directors, employees or representatives are liable for any losses arising from the healthcare providers interactions with TCF.
- TCF nor any of its directors, employees or representatives are liable for any claims pertaining to medical services provided by healthcare providers to clients. Claims made by clients are solely the responsibility of the healthcare provider.
- TCF nor any of its directors, employees or representatives are liable for any claims or statements made by healthcare providers.
- The healthcare provider agrees to defend, indemnify, and keep indemnified and hold TCF and its directors, employees or representatives against any claims, proceedings, actions, costs, legal costs, charges, expenses, damages, liability, losses and demand made by a client or third party.
15 Third Party Links
- Links on the website to third party sites are subject to the terms and conditions of that individual website.
- Usage of links is at the risk of the healthcare provider.
- TCF accepts no liability for the validity of information on linked websites.
- TCF does not endorse the services provided on linked websites.
16 Availability of Website
- TCF endeavours to ensure the website is available at all times, however there may be occasions when service is interrupted. The healthcare provider agrees that TCF is not liable for any loses incurred by interruption of service.
17 Changes in Agreement
- TCF may modify or terminate services offered through the website at any time.
- TCF reserves the right to change the content, presentation, performance, and systems of the website without consultation at any time.
- TCF may modify this agreement at anytime without consultation.
- In the event TCF modifies an agreement it is the responsibility of the healthcare provider to identify that they comply with the agreement. No liability to TCF can be attributed for changes to this agreement.
18 Governing Law
- The website is controlled and operated by TCF from England and is governed by the laws of England and Wales.
- The healthcare provider is responsible for their own compliance with local laws and local laws are applicable.
- In the event local law prohibits the services offered through the website available in your company, you are unable to offer these services.
- The language for any dispute resolution procedure or proceedings under this agreement will be English.
- No part of this agreement will constitute or be deemed a partnership between TCF and the healthcare provider.
- No party shall be deemed to be an agent of one another.
- The healthcare provider has no authority to make any agreement or representations on behalf of TCF.
- The healthcare provider shall not re-assign this agreement, transfer or purport to assign transfer or change any of its rights under the agreement.
- The healthcare provider is responsible for ensuring that the services advertised on the website are acknowledged as acceptable by the Advertising Standards Authority.
- The healthcare provider agrees to hold evidence for the efficacy of the treatment of advertised conditions.
- This agreement supersedes all previous agreements.
These Terms & Conditions were last updated 17 May, 2011.
The Clinic Finder Limited