Terms & Condition

TERMS AND CONDITIONS

Welcome to the website of WHERETOCURE, (“WHERETOCURE”), and thank you for using WHERETOCURE’s healthcare services (“Services”).

These Terms of Service (the “Terms”) together with WHERETOCURE Privacy Policy form the entire Agreement between Ozsoy Danismanlık Hizmetleri Saglik Turizm Dis Ticaret LTD STI (WHERETOCURE) with its main office at the address of Egitim Mah. Abdi Bey Sok. No.24/B Kentplus B Blok K.11 D.262 Kadikoy, Istanbul, Turkey.

This Agreement governs the use of WHERETOCURE’s website  (the “digital platform”) and healthcare and concierge services presented by WHERETOCURE (the “Services”).

By using the digital platformas well as healthcare and concierge services, users hereby warrant that user agree with the terms set out in this agreement and user will apply best efforts in order to comply with these Terms and conditions. In the event user disagreeing with this Agreement in full or any part of it, user may immediately stop using the digital platformand its related healthcare and concierge services.

By using WHERETOCURE’s 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 WHERETOCURE if you use those Services.

Scope of WHERETOCURE’s Services

1.1 WHERETOCURE is a digital platform with a purpose of a marketplace for healthcare service providers including but not limited to hospitals, clinics, thermal centers/hotels, spa&wellness centers/hotels, senior care centers and disabled care centers  (“Healthcare Provider”) around the world, whether through our website or on our microsites, landing pages and mobile applications (“Digital Platform”) to the user (“User”).

1.2 WHERETOCURE provides additional services to the users, each services requires individual costs, including but not limited to health care case management, in-country transfers, medical record translations, native language interpreters, MSO, organization of visa and accommodation of the healthcare receiver and his/her companions.

1.3 WHERETOCURE does not refer the user or other patients to specific Providers but only provides information about Providers based on the User’s needs, i.e. time frame of availability, geographic area, healthcare needs, etc. Thus, the User will not be allocated to any Provider but will instead be provided with a list of Providers (including the name, address, specialization, sometimes prices or package prices etc.) of which the User can choose one and book an appointment.

1.4 WHERETOCURE discloses details and information on Providers based on data, either provided by the Providers or collected from online and offline information from a variety of sources. Although WHERETOCURE uses reasonable skill and care in performing the Services it will not verify if, and cannot guarantee that, all information provided is accurate, complete or correct, nor can WHERETOCURE be held responsible for any mistakes, inaccurate, misleading or untrue information provided by the Providers or non-delivery of information by the Providers. The website does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level or qualification of any Provider.

1.5 WHERETOCUREacts as a bridge and facilitates the communication between the User and Providers. In particular, WHERETOCURE provides different forms the User may use in order to require a Provider’s medical services. Should the User and the Provider decide to conclude anagreement , WHERETOCURE is not involved in this relationship between the User and the Provider. WHERETOCURE does not assume any rights, obligations or liabilities in such an agreement used between a Provider and the User.

1.6 WHERETOCURE does not provide healthcare services itself. The information provided on WHERETOCURE’s digital platform including the information provided by the Providers and other third parties shall not be considered as a medical advice, consultation or a medical examination and shall not be used to independently decide whether to terminate a medical treatment.

Conclusion of Contract

2.1 The use of WHERETOCURE’shealthcare and concierge services requires the User to provide contact details for WHERETOCURE or Providers to assist the User with the medical travel facilitation services. The User will have to (1) provide his or her full name (as written in the passport) and phone number, email address and (2) agree to these Terms and (3) to WHERETOCURE’s privacy policy (“Privacy Policy”).

2.2 WHERETOCURE Services are free for the User. The User can, however, solicit additional personal or logistical support or order other additional services which will be an extra charge for the user.

2.3 With the placement of an order, the User does submit an offer to WHERETOCURE for the conclusion of a contract concerning the requested healthcare and concierge services. The User will then receive an automatic confirmation email regarding the receipt of the electronic order which does not, however, constitute the acceptance of the order.

2.4 The User may request to remove their submitted personal, specific personal and medical data from WHERETOCURE databases at any time by sending an email to info@wheretocure.com

In line with the Privacy Policy, WHERETOCURE will delete or block the personal data and specific personal data of the User as soon as the User has requested to do so. 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 WHERETOCURE’s platform, WHERETOCURE will keep the first and the last name of the User and his or her email address. WHERETOCURE will not use this data for any other than the aforementioned reason, in particular not for any promotional purposes, after such a request from the User.

Additional Services

3.1 WHERETOCURE also provides Additional Services that the User can purchase in order to streamline their health travel organization. Each service has a different cost and will be informed by WHERETOCUREhealthcare team once the User selects these services fromthe digital platform.WHERETOCURE reserves the right to update the information for Additional Services at its discretion and will display such info in the relevant section of the Additional Services list.

3.2 The Additional Services may include but are not limited to the following: 

– WHERETOCURE Personal Assistance package. This service of case facilitation includes:full healthcare case management process with a dedicated Healthcare Team member who will assist the User with their needs from filling up the inquiry form to treatment then to recovery until the patient goes back to his/her country of origin.

– 24-hour response to the inquiry by WHERETOCURE Healthcare team members who works in different shifts.

– Airport-Hotel-Hospital Transfer. This service includes a car service and a driver to pick the user from  the airport to the hospital or hotel and from hospital or hotel to airport. For more complex transportation needs (including wheelshair support, ambulance services etc), WHERETOCURE also offers discounted package rates which are available upon request. This services should be requested at least 24 hours before the arrival to the country.

– Visa Service offers an invitation letter for the user, which is often required in order to obtain a medical treatment visa. There is a certain fee requested by the governmental offices to facilitate the visa procedures. This fee does not cover any extra charges which will have to be paid directly to the Embassy or the relevant governmental bodies.

– Translation service for the medical services including doctor consultation may be provided by the healthcare Providers. If the user requests more than doctor consultation’s translation services then WHERETOCURE provides translators paid on hourly or daily basis includes an experienced medical interpreter who will accompany the User at the hospital and support the communication between medical staff and the User. This Service can be booked for minimum two hours. WHERETOCURE offers discounted rates for medical interpretation exceeding 24 hours.

– Concierge Services are avaliable for the users to support the users with finding and booking travel, accommodation or even leisure services (such as finding a daily city tour, cultural tours etc) at the destination of treatment. A WHERETOCURE Care Team representative will present the user with travel and/or accommodation options with their prices. WHERETOCURE does not provide the travel or accommodation services. The costs of the actual accommodation and/or flights are paid by the User.

– There are also all-inclusive service packages, which include transfer and accommodation included. The contents and price of the package will be discussed with the User and all conditions will be provided as adverstised in the package.

– MSO. WHERETOCURE can organize a review of the User’s medical files by a specialist doctor with the purpose of getting a MSO regarding the current medical diagnosis of the User. The outcome of a MSOservice is a report written by the selected specialist. Service includes identifying the specialist, the exchange of the medical files and the transfer of the final report to the User.

3.3 WHERETOCURE will not provide any travel services itself but only assists the User in booking the respective Travel Services carried out by the “Travel Service Provider”. Thus, the respective agreement will only be concluded between the User and the Travel Service Provider and any declarations, queries or claims regarding the Travel Service(s) should be addressed directly towards the Travel Service Provider.

3.4 By making a health travel booking with a Travel Service Provider (either directly or through WHERETOCURE as User’s agent), the User accepts and agrees to the relevant terms and conditions of the Travel Service Provider (Travel Service Provider’s cancellation, and refund policies).

Should the User wish to review, adjust or cancel the Travel Service once the booking is made, he or she should contact the Travel Service Provider and follow the instructions given by them.

Medical MSO(MSO)

4.1 WHERETOCURE provides MSO services upon request submitted by the User. A MSOis an evaluation of User’s current and past condition(s), medical history, diagnosis, and treatment plan by a medical specialist. It is not a substitute for primary care. The service provided through the portal varies by condition of the User. The User should have obtained primary care from a local medical professional before using WHERETOCURE’s MSO.

4.2 The User agrees and accept that: the diagnosis received is limited and provisional; the MSO is not intended to replace a full medical evaluation or physical consultation with a physician; the medical professionals providing services through this portal do not have important information that is usually obtained through a physical examination; and the absence of a physical examination may affect the medical professional’s performance to diagnose user’s health condition.

4.3 The User can choose to see the MSO physician in person upon their availability if the medical case cannot be judged remotely even by obtaining all the necessary medical records.

4.4 The purpose of the service provided by WHERETOCURE’s MSO is to give the User access to additional information and medical evaluation via Doctors in WHERETOCURE’s network of Providers. A MSO ranges to all major medical specialties in WHERETOCURE’s website, including but not limited to general surgery, cardiology, oncology, neurology, orthopedics, dentistry, ophthalmology, and gynecology. In the case that WHERETOCURE does not have the right specialist in the Provider’s network, the User agrees that WHERETOCURE contact third parties outside of WHERETOCURE’s network of Providers.

4.5 By requesting any service through the digital portal, the User authorizes WHERETOCURE to collect the User’s medical records, store those records, and transmit them to the physician or physician’s appropriate for the User’s case. The User agrees that the MSO will not be used in any legal dispute including but not limited to litigation, arbitration, claim for disability benefits, claim for worker’s compensation and/or malpractice claims.

The User can provide medical records on behalf of a third party, by prior notification to WHERETOCURE that the third party is a family member of the User, the User has prior consent from the third party to represent him and, the third party is not able to send a request via the portal by him/herself.

4.6 The information provided to WHERETOCURE 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.

4.7 The User shall provide WHERETOCURE current and accurate identification, contact and other information to verify User’s identity and eligibility. The User is responsible for maintaining the accuracy and completeness of this information, and certifies that the information provided is true and accurate.

4.8 The User agrees that WHERETOCURE may at any time review the User’s medical records from prior to and after your interaction with the portal, and any records created as a result of services received. WHERETOCURE may request additional medical records, including records pertaining to care the User received after receiving the services. WHERETOCURE may review these records to better understand the course of treatment for User’s condition including information regarding outcomes and costs, and to improve treatments and recommendations.

4.9 Upon the reception of the complete and accurate documentation, WHERETOCURE will gather the User’s medical records and will create a Medical Case file. In accordance to the information provided, WHERETOCURE will match the User’s Medical Case file with up to 3 different Doctors in WHERETOCURE’s network of Providers, according to the specialty which the User diagnosis falls under. The User can choose which physician will provide the User with a MSO report from the up to 3 Doctors shortlisted by WHERETOCURE healthcare team. WHERETOCURE will then collect the complete medical records in accordance to the Doctor’s needs to provide a Second Opinion. WHERETOCURE will confirm the User via email once the full Medical Case file is ready to be sent and will forward the information to the Doctor chosen by the User. Within 72 working hours of receiving the complete documentation from the User, the User will receive a MSO report via email with the Doctor’s opinion on the User’s condition.

Payments, Deposits and Down Payments

5.1 WHERETOCURE processes all payments made through its platform via a third party payment provider.

5.2 In order to secure a health travel booking with a Provider or the time of a treating physician, WHERETOCURE may require the User to provide a Credit Card Deposit (“Deposit”) or a Down payment (“Down Payment”), on behalf of the selected Provider.

WHERETOCURE will process the transaction and will hold it for the Provider in a non-interest-bearing trust account.

5.3 When making an appointment with one of the Providers, the User may be asked to provide his or her credit card for capturing a Deposit. However, WHERETOCURE will only authorize the third-party payment provider commissioned for the handling of payments to collect the respective amount from the credit card account the User identified in his or her purchase order, if: a cancellation fee payable to WHERETOCURE applies or a deposit is required with regard to the respective.

5.4 For certain treatments, the Providers may require a Down Payment to be made by the User. The respective amount and the cancellation policies will be displayed at the checkout page and in the confirmation email.

5.5 WHERETOCURE will communicate and charge the respective Down Payment amount to the User and keep the Down Payment in its non-interest-bearing trust account until: either the User cancels the treatment, or The Provider has requested the Down Payment from WHERETOCURE and the Provider has informed WHERETOCURE about the net amount of any prospective invoice issued to a User

 5.6 The Down Payment will be refunded for good cause in full if: a physician determines that the User is not eligible for the treatment (the User should provide WHERETOCURE up to two (2) weeks after cancellation, a physician’s certificate stating the User’s non-eligibility to treatment); a physician determines that the User is not eligible for travel and/or treatment (the User should provide WHERETOCURE up to two (2) weeks after cancellation, a physician’s official statement on the User’s non-eligibility to treatment); in case of natural catastrophes such as earthquakes or wars or in case of death (automatic cancellation).

5.7 If the User fails to cancel the appointment and none of the cancellation for good cause policies applies, WHERETOCURE will charge a cancellation fee from the respective Down Payment made by the User. The respective cancellation fee will be displayed at the checkout page and in the confirmation email.

Cancellation Policy

6.1 The following cancellation clauses should apply, if the User decides to cancel giving no further explanation to WHERETOCURE: The User may cancel the treatment free of charge at the latest 15 days prior to the appointment.  Should the User cancel the treatment 8 to 14 days prior to the appointment, a cancellation fee of EUR 25.00 applies. Should the User cancel the treatment up to 7 days prior to the appointment or should the User not show up at the appointment, a cancellation fee of EUR 50.00 applies.

6.2 The User may cancel the treatment free of charge if: a physician determines that the User is not eligible for the treatment (the User should provide WHERETOCURE up to two (2) weeks after cancellation, a physician’s official statement on the User’s non-eligibility to treatment); a physician determines that the User is not eligible for travel (the User should provide WHERETOCURE up to two (2) weeks after cancellation a physician’s official statement on the User’s non-eligibility to travel); in case of natural catastrophes such as earthquakes or wars; or in case of death (automatic cancellation).

6.3 The User may reschedule the treatment free of charge if: the User may reschedule the appointment up to three (3) times and up to three (3) days prior to the appointment.  Should the User reschedule the appointment later than three (3) days or should the User not show up at the appointment, the cancellation fee of EUR 50.00 applies.

6.4 The User may cancel the Additional Services up to 14 days after the purchase, as long as the Services have not been rendered by the Provider or the WHERETOCURE Care Team. When a User wishes to cancel Additional Services provided by a third-party provider the Terms and Conditions of the third party provider apply.

6.5 If the User wishes to review, cancel or reschedule his or her appointment, the User should revert to the confirmation email and follow the instructions.  Email regarding the cancellation or rescheduling of an appointment should include the full name of the User, the Provider, the treatment and the date and the time of the treatment and to be emailed to: info@wheretocure.com

Rating Systems

7.1 Certain types of systems and forums are set-up on WHERETOCURE’s website enabling the User to provide information in order to review the services of Providers and to provide experiences and opinions to other users,  to evaluate Providers by way of a rating system and  to give recommendations to WHERETOCURE, other users or Providers . These Rating Systems shows personal perceptions, experiences and assessments of the Users. WHERETOCURE may shut down the Rating Systems at any time or interrupt the service.

7.2 The User may only rate services of Providers or other third persons that he or she has personally used. The User is prohibited from making any ratings in a user forum provided by WHERETOCURE, if they contain untrue facts.

7.3 In the event of a violation of User’s obligation pursuant to Section 8.2, WHERETOCURE is entitled to delete the respective ratings and – while taking into account the relevant User’s legitimate interests – to block the User’s account temporarily or permanently.

7.4 The User agrees to the long-term storage and publishing of his or her ratings made in the forums, irrespective of a termination of User’s registration with WHERETOCURE.

User’s Obligations

8.1 The services of WHERETOCURE are available to individuals who are 18 years and older. The User is entitled of using WHERETOCURE’s Services on behalf of a third person below the age of 18, and shall inform WHERETOCURE of any activity performed on behalf of the afford-mentioned third person.

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

8.3 In the event of a violation of User’s obligation, WHERETOCURE is entitled to delete the respective information and while taking into account the relevant User’s legitimate interests – to block the User’s account temporarily or permanently.

8.4 If a claim is made by a third person against WHERETOCURE due to a violation of User’s obligation pursuant to Sections 8.2 or 9.1, the User is obligated, to indemnify WHERETOCURE against third parties’ claims as well as against costs which may be incurred by WHERETOCURE as a result of an appropriate legal defence (e.g. court and lawyers’ fees). The right to claim further damage compensation remains unaffected.

Liability of WHERETOCURE for own services

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

9.2 Unless stated otherwise in Sections 10.3 and 10.4, WHERETOCURE is only liable in the event of a deliberate act or gross negligence.

9.3 With regard to claims arising from injury to life, body or health, WHERETOCURE is also liable for mere negligence.

9.4 WHERETOCURE is also liable for 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 fulfilled. The User’s claim for damages in the event of a breach of material duties on the basis of mere negligence is, however, limited to damages that are foreseeable and typical for this type of contract.

9.5 Clauses to 9.4 shall also apply to WHERETOCURE’s legal representatives, employees or any other of WHERETOCURE’s agents.

No Liability for Services of Third Persons

10.1 WHERETOCURE accepts no liability for the correctness, completion and up-to-dateness of any information provided by Providers or any other third parties on WHERETOCURE’s website. As a service Provider, WHERETOCURE is, only responsible for its own content that is held for use on WHERETOCURE’s website.

However, WHERETOCURE is not obligated to monitor transferred or stored external information or check said information for circumstances that point to unlawful activity. WHERETOCURE’s obligations to remove or block the use of information in accordance with other legal provisions shall remain unaffected.

10.2 WHERETOCURE’s website contains cross-references (so-called links) to websites belonging to third parties (e.g. Providers, travel agencies or certification bodies) over the content of which WHERETOCURE has no influence. The relevant owner or operator of the websites alone is responsible for the content of linked sites. WHERETOCURE does not assume any liability for this external content. The linked sites were cursorily checked by WHERETOCURE 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, WHERETOCURE does not constantly check the external content for changes which could form a new basis for a liability. Nonetheless, WHERETOCURE 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 WHERETOCURE.

Data Protection

11.1 For the Services provided by WHERETOCURE, it is necessary to collect, process and use personal data and a special category of personal data, which requires the prior consent of the User. Please refer to WHERETOCURE’s Privacy Policies explaining under which circumstances User’s data are collected, processed and used when using WHERETOCURE’s Services.

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

11.3 All content of WHERETOCURE’s website is protected by copyright and intellectual property rights and partially originated from third parties. All intellectual property rights in the website (including text, graphics, software, photographs and other images, videos, sound, trademarks and logos) are owned either by WHERETOCURE, the Providers or third parties. When using the Services, the User is not granted with any licenses of WHERETOCURE’s intellectual property rights with respect to Services rendered and information provided by WHERETOCURE. Any utilisation not permitted by the copyright law requires advance written approval from WHERETOCURE. Downloads and copies of content from WHERETOCURE’s website are only allowed for private and non-commercial use.

11.4 WHERETOCURE 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 etc for WHERETOCURE’s business provided that this use shall comply with the applicable data protection regulations.

Validity and Change of the Terms

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

12.2 These Terms remain in force until they have been changed or terminated by WHERETOCURE. 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

12.3 WHERETOCURE may modify these Terms or any additional terms that apply to specific Services rendered by WHERETOCURE. WHERETOCURE will make available a notice of modifications to the Terms on this website. WHERETOCURE 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 (14) 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

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

12.5 To the extent permitted by law, these Terms and any additional terms for specific Services rendered by WHERETOCURE and any disputes arising out or in connection with the respective terms shall be exclusively governed by the laws of Turkey.

12.6 Any dispute arising out of these Terms and the Services shall exclusively be submitted to the competent courts in Istanbul, Turkey.

12.7 If any provision of these Terms is or becomes invalid, unenforceable or non-binding, the User shall remain bound by all other provisions hereof. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and the User will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these terms and conditions

Consumer’s right to withdraw from contract

13.1 Consumers are entitled to withdraw from the contract within a fourteen (14) days period without stating any reason by express declaration (e.g. letter, email). The period commences upon the conclusion of the contract. The consumer may use the “Standard Form Right of Withdrawal”. However, the use of the form is not mandatory. [The consumer may fill out and submit the “Standard Form Right of Withdrawal also electronically. In this case, WHERETOCURE will immediately confirm receipt of the withdrawal electronically (e.g. via email).] Dispatch within this period shall be sufficient to meet the deadline and shall be addressed to: Email: info@wheretoure.com

13.2 In the event of effective withdrawal, WHERETOCURE will refund all payments received, including delivery charges (except for additional costs incurring from the consumer’s choice of a different delivery method than WHERETOCURE’s standard delivery method), immediately but not later than 14 days from the date WHERETOCURE received the consumer’s declaration of withdrawal. Return payments by WHERETOCURE will be credited to the credit card the consumer used when ordering the goods unless expressly agreed otherwise. Under no circumstances, WHERETOCURE will charge the customer any expenses for the refund.