Welcome to WhatClinic.com a search engine which gives you the opportunity to promote your medical services to a worldwide audience.
WhatClinic.com and the facilities, services and materials available therein (the "Website") is owned and operated by Global Medical Treatment Limited trading as WhatClinic.com ("WhatClinic.com") an Irish registered company, number 428122 whose head office is at 2 Dublin Landings (WeWork), North Dock, Dublin, Ireland. For the purposes of these terms and conditions "we", "our" and "us" refers to WhatClinic.com.
WhatClinic.com acts as a marketplace search engine for individuals seeking medical services ("Clients") and Healthcare Providers, be they individual medical practitioners, hospitals, clinics, travel agencies (together the "Healthcare Providers", "your" or "you") wishing to provide medical services, by facilitating introductions between Clients and Healthcare Providers through an online environment. For the purpose of this Agreement, "Medical Services" means the medical service or services that the Healthcare Provider is legally permitted to provide to a Client.
In consideration of the mutual obligations of the parties hereto, WhatClinic.com shall provide information to Clients about various worldwide Healthcare Providers to assist Clients in making informed decisions, by conducting their own research into Healthcare Providers and into Healthcare Providers' services, thereby assisting Clients in choosing the relevant Healthcare Provider to meet the Client's particular needs. If the Client chooses you to provide Medical Services, then we will facilitate contact between you and the Client by providing relevant Client information to you (the "Website Service").
If you simply want to browse through the Website to see what WhatClinic.com has to offer, there is no need for you to register and open an account with us. Nonetheless, your use of the Website will be subject to the relevant sections of this Agreement. If you wish to avail of the Website Service, you will need to register on the Website and this Agreement shall come into effect in respect of the Website Service once WhatClinic.com has accepted your registration. As part of, and to complete, the registration process for the purposes of opening an account with us, you will be asked to signify that you have read, understood and accepted this Agreement.
If you do not read or agree to this Agreement please terminate your account, inform info@whatclinic.com and discontinue use of the Website immediately.
WhatClinic.com is not a medical referral service and does not endorse, recommend, or approve any Healthcare Provider listed in the Website. We are not medical professionals nor do we hold ourselves out to be medical professionals and will not discuss or advise on any issues relating to medical treatment with Clients or Healthcare Providers.
WhatClinic.com is not involved in any transaction between Clients and Healthcare Providers who use this Website. We cannot assure that all transactions will be completed nor do we guarantee the ability or intent of Clients to fulfil their obligations in any transactions.
As we cannot control the information provided by Clients made available through this Website, WhatClinic.com does not guarantee or endorse the authenticity, quality, safety or legality of any services requested or provided by you, the accuracy of any listings, Client data we may provide to you, or the ability of Clients to complete a transaction.
If a Client chooses a Healthcare Provider to provide Medical Services (a "Lead") and the Healthcare Provider decides to contact that Lead from WhatClinic.com, the Client will complete the contract for the provision of Medical Services with the Healthcare Provider directly. Clients will not be obliged to complete a transaction in the event that it is an illegal transaction or contrary to this Agreement.
The contract for the sale by you of any product or Medical Service advertised on the Website will be directly between the Client and the Healthcare Provider. No contract for the sale of any Medical Services will exist between the Healthcare Provider and WhatClinic.com or any Client and WhatClinic.com. The contract between the Healthcare Provider and WhatClinic.com will be for the provision of the Lead.
WhatClinic.com acknowledges that there may be jurisdictions in which the insurances set out in this clause are not available to Healthcare Providers and agrees that such Healthcare Providers are not bound by the provisions of clauses 6.2 to 6.4 below.
During the term of this Agreement and for a period of seven (7) years thereafter, the Healthcare Provider must, at its own cost, take out and maintain medical negligence, product liability, public liability, employer's liability and professional liability insurance, or equivalent insurances in another jurisdiction, with a reputable insurance company in respect of claims of loss or damage arising out of or in consequence of the Healthcare Provider's obligations to the Client and to WhatClinic.com. The Healthcare Provider shall notify WhatClinic.com and, where necessary, the Client, immediately in the event that any of the insurances cease to be available. The Healthcare Providers shall, at the request of either WhatClinic.com or the Client, provide WhatClinic.com or the Client with evidence, as is satisfactory to WhatClinic.com or the Client, of that insurance.
The Healthcare Provider shall apply any proceeds of any insurance claim in respect of third party legal liability or employer's liability insurance, in satisfaction of the claim, demand, proceeding or liability in respect of which such proceeds are payable.
If the proceeds of any insurance claim are insufficient to cover the settlement of such claims, the Healthcare Provider will make good any deficiency forthwith.
The Healthcare Provider warrants to WhatClinic.com that it shall comply strictly with all requirements of the Irish Data Protection Acts 1988 and 2003, and EU General Data Protection Regulations GDPR 2018, and as they may be amended from time to time, (the "DP Acts") in relation to the processing and transfer of Data.
For the purposes of this Agreement "Data" means all electronic data or information, including personal data as defined in the DP Acts, submitted by the Client on the Website and transferred by WhatClinic.com to the Healthcare Provider, the processing of which is necessary to conclude the contract between the Healthcare Provider and the Client.
The Healthcare Provider undertakes that it shall process the Data only to the extent necessary to provide the Medical Services, and strictly in accordance with the terms of this Agreement and WhatClinic.com's instructions from time to time.
The Healthcare Provider shall ensure that only such of its employees, contractors and agents who may be required by the Healthcare Provider to assist it in meeting its obligations under this Agreement shall have access to the Data. The Healthcare Provider shall ensure that all employees, contractors and agents used by it to provide the Medical Services have undergone training in the law of data protection and in the care and handling of Data.
The Healthcare Provider undertakes not to disclose the Data to a third party in any circumstances other than strictly required for the performance of the Medical Services at the specific request of WhatClinic.com or as otherwise specified herein.
The Healthcare Provider shall carry out the processing in compliance with all applicable laws, enactments, regulations, orders, standards and other similar instruments.
The Healthcare Provider shall take appropriate security measures against unauthorised access to, or unauthorised alteration, disclosure or destruction of Data, in particular where the processing involves the transmission of Data over a network, and against all other unlawful forms of processing.
The Healthcare Provider shall take all reasonable steps to ensure that persons employed by the Healthcare Provider and other persons at the Healthcare Provider's facilities at which the Medical Services are provided are aware of and comply with the relevant security measures aforesaid.
This Agreement is entered into for the benefit of the Client and the Client or its agent is hereby entitled to directly enforce the provisions of this Agreement as a third party beneficiary.
The parties agree that on the completion of the provision of Medical Services to the Client, the Healthcare Provider shall when requested to do so by WhatClinic.com use reasonable endeavours to return all Data transferred to it by WhatClinic.com and the copies thereof, or shall destroy all the Data and certify to WhatClinic.com that it has done so, unless legislation imposed upon the Healthcare Provider prevents it from returning or destroying all or part of the Data transferred. In that case, the Healthcare Provider warrants and undertakes that it will guarantee the confidentiality of the Data transferred and will not further process the Data transferred.
The Healthcare Provider warrants that upon a request of WhatClinic.com and/or of the Data Protection Commissioner, it will submit its data processing facilities for an audit.
The Healthcare Provider agrees to indemnify WhatClinic.com and keep fully and effectively indemnified and hold WhatClinic.com, its officers, directors, employees, agents, subsidiaries, affiliates, Clients, suppliers and any of our service providers harmless from and against any and all liabilities, claims, demands, obligations, losses, expenses, damages, penalties, actions, judgments, suits and costs of any kind or nature whatsoever, including legal costs, resulting from any violation or breach by the Healthcare Provider of this clause 6.
The Healthcare Provider shall not disclose the identity of any Client without the express prior written approval of the Client or, where relevant, WhatClinic.com. Inclusion in any reference or marketing list shall also only be undertaken with the express prior written approval of the Client and/or WhatClinic.com.
The Healthcare Provider agrees that all personal information entered into their brochure or search result has been obtained with the permission of the individual in question and that the individual in question has agreed to the unrestricted publication of this information and the transfer of this information to outside the European Union
Communication between clients and clinics by email may be sent via WhatClinic.com. The content of these emails may be retained by WhatClinic.com in order to assist clients and clinics in tracking their communication.
The Healthcare Provider warrants that the Medical Services shall be supplied and rendered by appropriately experienced, licensed, qualified and trained personnel of the Healthcare Provider and the Healthcare Provider warrants that it has adequate numbers of such personnel available in order to perform its obligations to the Client.
Without prejudice to clause 8.1, the Healthcare Provider warrants that the performance of the Medical Services is permitted and lawful and that the Medical Services shall be carried out in accordance with the skill, diligence, prudence, foresight and judgment which would be expected from of a properly qualified and experienced person engaged in the same type of undertaking under the same or similar circumstances, applying the standards generally applied at the relevant time in the medical industry 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 further warrants, represents and covenants with WhatClinic.com, and acknowledge that WhatClinic.com is relying on such warranties, representations and covenants, that:
it has the legal capacity to enter into a contract and has power and authority to execute, deliver and perform all its obligations under this Agreement;
it will at all times be and remain in full compliance with all applicable legislation and be and remain a member of a recognised body that sets, meets and implements relevant conduct and best practice within the appropriate medical industry. If the Healthcare Provider, for any reason, ceases to be a member of such a recognised body or is non-compliant with any applicable legislation, it shall notify WhatClinic.com immediately and cease to provide the Medical Service to Clients;
it holds a valid licence to provide Medical Services issued by the relevant medical regulatory authority in its country. If the Healthcare Provider's licence expires or is no longer valid, then it shall notify WhatClinic.com immediately and cease to provide the Medical Service to Clients;
it will only persue Leads in relation to those Medical Services that it is both qualified to provide and in fact provides to patients on a day to day basis as one of its practice areas;
it will not provide any information or make any statement that is untrue, false, incorrect or misleading including in particular (but not limited to) information relating to its identity, contact details, experience, certification, services and prices;
any and all information that it has provided is true, and will continue to be true, in every respect throughout the period this Agreement remains in force and it agrees to duly notify WhatClinic.com, or where applicable the Client directly, of any changes to such information immediately;
any and all information that it has provided is not defamatory, libellous, pornographic or obscene and does not violate any laws regarding unfair competition, anti-discrimination or false advertising;
the Nominated Representative, as defined in clause 9.6, shall be authorised to bind the Healthcare Provider in all matters related to this Agreement;
it will not promote services or engage in any activity which it knows, or reasonably ought to know will, or may, be illegal in its local jurisdiction;
the content posted on the Website does not infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy. Use of third party trademarks is for description and identification purposes only. Such trademarks are the registered trademarks of their registered owners. WhatClinic.com asserts absolutely no ownership or other rights with respect to such third party trademarks; and,
it accepts and agrees to abide by the terms of the Agreement, as may be amended from time to time.
Registration is required if you wish to receive Leads, view historic Leads or have your organisation's details listed on the Website.
In order to complete the registration process and to open an account on the Website, you must choose a User ID and password. WhatClinic.com may restrict your chosen User ID or password.
When registering, you will be asked to provide information such as your name, address, telephone number, email address, credit card details and details of the Medical Services available from the Healthcare Provider and about the personnel who will deliver said services. You warrant and undertake that any information provided by you when registering with WhatClinic.com is up-to-date, accurate in all material respects, not the confidential property of others or in violation of any other third party's rights, and is sufficient for us to facilitate the Website Services. You are responsible for maintaining and promptly updating your account information as necessary to ensure accuracy and completeness. You are also responsible for keeping all such information (including your credit card details and any passwords given to you) secure against unauthorised access. We will not be liable to you for any losses you may incur as a result of any unauthorised third party access to your account and/or any fraudulent use of your credit card on the Website.
You are responsible for all actions taken under your account and you agree only to use or utilise this Website using your own User ID and password. You must keep your password safe and not disclose it to any other person or permit, either directly or indirectly, any other person to utilise your account. You agree to immediately notify WhatClinic.com of any unauthorised use of your password and/or account or of any other unauthorised breach of security. Any action designed to undermine the system and to alter your profile or the profiles of others is strictly prohibited.
WhatClinic.com reserves the right to refuse to accept your application for registration and/or to terminate your registration and close or suspend your account without prior notice at any time at the discretion of WhatClinic.com. WhatClinic.com is not liable to you or any third party for any suspension or termination of access to this Website.
When registering you will be asked to nominate an individual from your organisation ("Nominated Representative") who shall be responsible for the management of all matters relating to this Agreement. If the Nominated Representative leaves your employment or you wish to nominate an alternative individual as your Nominated Representative, then you must inform WhatClinic.com immediately.
Information sent over the internet cannot be guaranteed to be completely secure as it is subject to possible interception or loss or possible alteration. You understand and agree to assume the security risk for any information you provide using the Website. We are not responsible for any information sent over the internet and will not be liable to you or anyone else for any damages or other loss incurred in connection with any information sent by you to us or any information sent by us to you over the internet or any information provided to you by a Client or any third party.
The information, content, graphics, text, sounds, images, buttons, trademarks, service marks, get-up, business names, domain names, rights in good will, know-how, designs and rights in designs, trade names and logos, whether registered or unregistered, (the "Materials") contained in the Website are protected by copyright, trade mark, database right, sui generis right and other intellectual property laws and are also protected under national laws and international treaties. WhatClinic.com and/or its licensors (as the case may be) retain all right, title, interest and intellectual property rights in and to the Materials.
Any other use of the Materials on the Website, including any form of copying or reproduction (for any purpose other than those noted above), modification, distribution, uploading, re-publication, extraction, re-utilisation, incorporation or integration with other Materials or works or re-delivery using framing technology, without the prior permission of WhatClinic.com is strictly prohibited and is a violation of the proprietary rights of WhatClinic.com. Other than as expressly provided herein nothing in this Agreement should be construed as conferring by implication or otherwise any licence or right under any copyright, patent, trade mark, database right, sui generis right or other intellectual property or proprietary interest of WhatClinic.com, its licensors or any third party.
You agree to grant WhatClinic.com a non-exclusive, royalty free, world-wide, perpetual licence with the right to sub-licence, reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any Materials and other information (including without limitation ideas contained therein for new or improved services) you submit to the Website either during the registration process or otherwise.
You agree to grant WhatClinic.com a non-exclusive, royalty free, world-wide, perpetual licence to use your name and details for publicity and client/business development purposes and, in particular, but without limitation, WhatClinic.com shall be entitled to use your name and details on WhatClinic.com client lists, on WhatClinic.com's CV/resume and on the Website.
This clause limits WhatClinic.com's legal liability to you for your access to and use of the Website. You should read this clause carefully. You acknowledge that you have entered into this Agreement relying on the disclaimers stated herein and that those disclaimers are an essential basis of this contract.
The Website is available to all users "as is" and, to the greatest extent permitted by applicable law, the Website is made available without any representations or warranties of any kind, either express or implied.
WhatClinic.com makes no representations, warranties or undertakings about the services or materials available on the Website, including without limitation, their merchantability, quality or fitness for a particular purpose.
WhatClinic.com makes no representations, warranties or undertakings that the website, or the server that makes it available, will be free from defects, including, but not limited to, viruses or other harmful elements. To the maximum extent permitted by applicable law, WhatClinic.com accepts no liability for any infection by computer virus, bug, tampering, unauthorised access, intervention, alteration or use, fraud, theft, technical failure, error, omission, interruption, deletion, defect, delay, or any event or occurrence beyond the control of WhatClinic.com, which corrupts or effects the administration, security, fairness or the integrity or proper conduct of any aspect of the Website.
All use by you of the Website is at your own risk. You assume complete responsibility for, and for all risk of loss resulting from, your downloading or using of, or referring to or relying on the facilities, service, materials or products provided on the Website, or any other information obtained from your use of the Website. You agree that, to the maximum extent permitted by applicable law, WhatClinic.com and providers of telecommunications and network services to WhatClinic.com, will not be liable for damages arising out of your use or your inability to use the Website, and you hereby waive any and all claims with respect thereto, whether based on contract, tort or other grounds.
No advice or information, whether oral or written, obtained by you from WhatClinic.com shall be deemed to alter this disclaimer of warranty, or to create any warranty.
To the fullest extent permitted by applicable law, neither WhatClinic.com nor any of its officers, directors, employees, affiliates or other representatives will be liable for loss or damages arising out of or in connection with your use of any facilities, services and Website Services offered or transactions entered into through or from the Website including, for the avoidance of doubt, your transactions with clients or medical services facilitated through the Website, including, but not limited to, direct, indirect or consequential loss or damages, loss of data, loss of income, profit or opportunity, loss of, or damage to, property and claims of third parties, even if WhatClinic.com has been advised of the possibility of such loss or damages, or such loss or damages were reasonably foreseeable.
In no event shall WhatClinic.com nor any of its officers, directors, employees, affiliates or other representatives be liable for any damages whatsoever resulting from the statements or conduct of any client or third party or the interruption, suspension or termination of the Website Services, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent.
Without limiting the foregoing, under no circumstances shall WhatClinic.com nor any of its officers, directors, employees, affiliates or other representatives be held liable for any delay or failure in performance of the Website resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication failures, other equipment failures, electrical power failures, strikes, lay-way disputes, riots, interactions, civil disturbances, shortages of labour or materials, fires, floats, storms, explosions, acts of god, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third party.
Neither party may exclude liability for death, personal injury or fraud caused by that party's negligence or that of its employees or authorised representatives.
You agree to defend, indemnify and keep indemnified and hold WhatClinic.com and, as applicable, its officers, directors, employees, Clients, affiliates or other representatives harmless against any and all claims, proceedings, actions, costs, including legal costs, charges, expenses, damages, liability, losses and demands made by or liabilities to any third party resulting from any activities conducted under your account, your use or misuse of the Website, including but not limited to posting content on the Website, entering into transactions with Clients, the provision of Medical Services to Clients, contacting others as a result of their postings on the Website, infringing any third party intellectual property or other rights, failing to deliver the Medical Services to Clients, or other issues arising out of your breach or any breach of this Agreement.
The Website is controlled and operated by WhatClinic.com from Ireland. WhatClinic.com does not make any representation that the facilities, services and/or Materials offered through the Website are appropriate or suitable for use in countries other than Ireland, or that they comply with any legal or regulatory requirements in any other countries. In accessing the Website, you do so at your own risk and on your own initiative, and are responsible for compliance with local laws, to the extent any local laws are applicable. If it is prohibited to make the Website, facilities, services and/or Materials offered through the Website or any part of them available in your country, or to you, whether by reason of nationality, residence or otherwise, the Website, the facilities, services and/or Materials offered through the Website or any part of them are not directed at you.
This Agreement shall be governed by and construed in accordance with the laws of Ireland, and you hereby agree for the benefit of WhatClinic.com and without prejudice to the right of WhatClinic.com to take proceedings in relation to this Agreement, or for such purposes you irrevocably submit to the jurisdiction of such courts.
The language of any dispute resolution procedure or any proceedings under this Agreement will be English.
