Terms and Conditions

1. General Terms and Conditions

These Terms and Conditions (hereafter referred to as “Terms”) apply to the of use of the caresocius website (currently available at ) and services (hereafter referred as “Services”) as offered by Caresocius AG (hereafter referred as “we”, “us” “our”). By using caresocius' services, you as the user (hereafter referred as “user”, “you, “your”) are agreeing to these General Terms and Conditions.

These Terms are the only terms, which apply. General contractual clauses which deviate from these, will be not be accepted by us.

Communication with you or the provision of services by us will not be deemed implied acceptance of any deviating general contractual clauses.

2. Scope of caresocius' Services

Our service is based in a community-based platform (“the platform) which provides digital services to patients seeking treatment in hospitals/clinics or by other health service providers around the world. The platform contains information on medical treatments and packages offered and provides search functionalities, which allow users to identify health service providers that offer the desired medical services. At your request and based on information submitted by you we will contact hospitals, clinics and other health service providers, which we have previously researched and selected. In return we will share with you information on selected hospitals and clinics and other health service providers and with a cost estimation for the medical service as requested by you.

caresocius does not provide any medical service and assume no warranty for the accuracy of the information

caresocius can provide additional services to the user, each at an individual cost, including but not limited to case management, transfers, medical record translation, on-site medical interpreter, opinion, organization of visa and accommodation of parents and/or accompanying person.

caresocius does not refer Users to specific Providers but only provides information about Providers based on the User's needs, i.e. time frame of availability, geographic area, medical 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, etc.) of which the User can choose one and book an appointment with. caresocius does not choose for the User.

caresocius discloses details and information on Providers based on data, either provided by the Providers or collected from online and offline information. Although caresocius 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 CARESOCIUS be held responsible for any errors , 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.

caresocius does not provide medical services itself. The information provided on caresocius' website including the information provided by the Providers and other third parties cannot replace a medical consultation or a medical examination and shall not be used to independently decide whether to commence or terminate a medical treatment.

3. Conclusion of Contract

The User must have full legal capacity and be at least 18 years old.

caresocius' services requires the User to provide accurate personal contact details The User will have to (a) provide his or her full name and phone number, email address and (b) agree to these Terms and (c) to caresocius' privacy policy (“Privacy Policy”).

In case your medical condition and/or any other information that you have submitted to us have changed, or you become aware that the information submitted to us was not accurate or was incomplete, you will immediately inform us in writing.

caresocius' Services are free for the User. The User can, however, solicit additional personal or logistical support or order other additional services for an extra charge. Before ordering a Service for which a charge applies. The User will be able to review and correct the order data before clicking the button “buy service” or before explicitly purchasing the service.

With the placement of an order, the User does submit a binding offer to CARESOCIUS for the conclusion of a contract concerning the requested Service. The User will then receive an automatic confirmation email regarding the receipt of the electronic order which does not, however, constitute the binding acceptance of the order.

The User may request to remove their submitted personal, specific personal and medical data from CARESOCIUS databases at any time by sending an email to [email protected] In compliance with the Privacy Policies, CARESOCIUS 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 CARESOCIUS' platform, CARESOCIUS will keep the first and the last name of the User and his or her email address. CARESOCIUS 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.

Any User shall be entitled to withdraw from the contract in accordance with Section 11.

4. Payments, Deposits and Down Payments

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

In order to secure a booking with a Provider or the time of a treating physician, caresocius require the User to provide a Credit Card Deposit (“Deposit”) or a Down payment (“Down Payment”), on behalf of the selected Provider. caresocius will process the transaction and will hold it for the Provider in a non-interest-bearing trust account.

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, CARESOCIUS 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) A cancellation fee payable to CARESOCIUS applies (Section 6) or (b) A deposit is required with regard to the respective treatment (Section 5.4).

Certain treatments or 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.

CARESOCIUS 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: (a) Either the User cancels the treatment (Section 6), or (b) The Provider has requested the Down Payment from CARESOCIUS and the Provider has informed CARESOCIUS about the net amount of any prospective invoice issued to a User.

The Down Payment will be refunded for good cause in full if: (a) A physician determines that the User is not eligible for the treatment (the User should provide caresocius up to two (2) weeks after cancellation, a physician's certificate stating the User's non-eligibility to treatment); (b) A physician determines that the User is not eligible for travel (the User should provide caresocius up to two (2) weeks after cancellation, a physician's certificate stating the User's non-eligibility to treatment); (c) In case of natural catastrophes such as earthquakes or wars or (d) In case of death (automatic cancellation).

If the User fails to cancel the appointment and none of the cancellation for good cause policies applies, caresocius 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.

5. Cancellation Policy

The following cancellation clauses should apply, if the User decides to cancel giving no further explanation to caresocius: (a) The User may cancel the treatment free of charge at the latest 15 days prior to the appointment. (b) Should the User cancel the treatment 8 to 14 days prior to the appointment, a cancellation fee of CHF 100 or 1% of the estimated treatment costs apply. (c) 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 CHF 200CHF or 2 % of the estimated treatment costs applies.

The User may cancel the treatment free of charge under the following conditions: (a) A physician determines that the User is not eligible for the treatment (the User should provide caresocius up to two (2) weeks after cancellation, a physician's certificate stating the User's non-eligibility to treatment); (b) A physician determines that the User is not eligible for travel (the User should provide caresocius up to two (2) weeks after cancellation a physician's certificate stating the User's non-eligibility to travel); (c) In case of natural catastrophes such as earthquakes or wars; or (d) In case of death (automatic cancellation).

The User may reschedule the treatment free of charge if: (i) The User may reschedule the appointment up to two (2) times and up to two (2) weeks prior to the appointment. (ii) Should the User reschedule the appointment later than two (2) weeks or should the User not show up at the appointment, the cancellation fee of CHF 200.00 applies. All changes to the existing treatment plan have to be coordinated and communicated with caresocius' partners. When a user wishes to change Additional Services provided by a third-party provider the Terms and Conditions of the third party provider apply.

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 CARESOCIUS 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.

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 therein. Notes regarding the cancellation or rescheduling of an appointment should name the full name of the User, the respective Provider, the treatment as well as the date and the time of the treatment and should be submitted by email to: [email protected]

Any User who is a Consumer shall be entitled to withdraw from the contract in accordance with Section 11.

6. User's Obligations

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

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

In the event of a violation of User's obligation pursuant to Section 9.2, CARESOCIUS 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.

7. Liability of CARESOCIUS for own services

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

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

CARESOCIUS is also liable for simple negligence if a material contractual duty (so-called Kardinalspflicht) 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.

Clauses to 9.4 shall also apply to CARESOCIUS' legal representatives, employees or any other of CARESOCIUS' partners.

8. No Liability for Services of Third Persons

CARESOCIUS accepts no liability for the correctness, completion and up-to-dateness of any information provided by Providers or any other third parties on CARESOCIUS' website. As a service Provider, CARESOCIUS is, according to Art.1 Abs. 1 MepV as well Ziff. 3.2. swissmedic-fact sheet of the Swiss Law, only responsible for its own content that is held for use on CARESOCIUS' website.

CARESOCIUS' 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 CARESOCIUS has no influence. The relevant owner or operator of the websites alone is responsible for the content of linked sites. CARESOCIUS does not assume any liability for this external content. The linked sites were cursorily checked by CARESOCIUS 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, CARESOCIUS does not constantly check the external content for changes which could form a new basis for a liability. Nonetheless, CARESOCIUS 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 CARESOCIUS.

9. Data Protection

For the Services provided by CARESOCIUS, it is necessary to collect, process and use personal data and a special category of personal data within the meaning of the Basic data protection regulation of the European Union which requires the prior consent of the User. Please refer to CARESOCIUS' Privacy Policies explaining under which circumstances User's data are collected, processed and used when using CARESOCIUS' Services.

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

All content of CARESOCIUS' 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 CARESOCIUS, the Providers or third parties. When using the Services, the User is not granted with any licenses of CARESOCIUS' intellectual property rights with respect to Services rendered and information provided by CARESOCIUS. Any utilisation not permitted by the copyright law requires advance written approval from CARESOCIUS. Downloads and copies of content from CARESOCIUS' website are only allowed for private and non-commercial use.

CARESOCIUS 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 et cetera for CARESOCIUS' business provided that this use shall comply with the applicable data protection regulations.

10. Validity and Change of the Terms; applicable law; venue

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

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

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

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

To the extent permitted by law, these Terms and any additional terms for specific Services rendered by CARESOCIUS and any disputes arising out or in connection with the respective terms shall be exclusively governed by the laws of Switzerland (without its choice of law provisions). The United Nations Convention on Contracts for the International Sale of Goods shall not apply.

Any dispute arising out of these Terms and the Services shall exclusively be submitted to the competent courts in Basel, Switzerland. If the mandatory statutory law does not allow this choice of venue, all claims arising out of or relating to these Terms and any additional terms for specific Services rendered by CARESOCIUS as well as the Services shall be litigated by the courts pursuant to the statutory law.

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.

11. Consumer's right to withdraw from contract

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, CARESOCIUS 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 protected]

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

The consumer owes a reasonable amount for services already provided within the meaning of (Art. 40e Abs. 4 OR) of the Switzerland Civil Code (Zivilgesetztbuch-ZGB) if the services have been provided at the consumer's specific request before he or she has made use of his or her right of withdrawal.

Version 1.0 - March 11th, 2020