Updated on 14 October 2024
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These Terms and Conditions of Use have been drafted by a specialist lawyer with the aim of ensuring the security and protection of the Website and the rights and safety of users. This approach is intended to ensure an experience that complies with legal standards and respects the interests of all parties.
Before exploring the content and services available on the Website, please read and accept these Terms and Conditions of Use.
Important: by accepting these General Terms and Conditions of Use (by ticking the appropriate box on our contact forms), you agree to enter into this contract. This contract is binding on you and on us.
1) DEFINITION
Intermediary: means CHIAVARO Kevin, whose official address is 51 avenue Corniche Fleurie, 06200 Nice, France, registered with the Nice Trade and Companies Register under number 507 43 6566.
The intermediary is the Website publisher and can be contacted via our Website contact form by clicking here.
Website: refers to the website published by the Intermediary on which Users can be put in contact with Establishments.
Intermediation Service or Intermediary Hosting Service: refers to the service provided by the Intermediary from the Web Site, consisting of storing and distributing to the public information provided by Institutions and enabling contact between Web Site Users and recipients of the intermediation service.
Service(s): refers to the Services (in particular treatments) of reconstructive, plastic, cosmetic, hair, dental or reproductive surgery offered by the Establishments listed on the Web Site.
Establishment(s): refers to the professional structure(s) listed on the Web Site. This may be a private structure (e.g. a clinic) or a public structure (e.g. a hospital), a group of companies, a branch, an agency, whatever the legal form. Establishments may be located in the European Union (e.g. Spain, Cyprus, Hungary, etc.) or outside the European Union (Turkey, Thailand, Dubai, Tunisia, etc.).
Partner Institution(s): means the Institution(s) with which the Intermediary has entered into a partnership agreement.
BestClinic Establishment: refers to the Partner Establishment(s) selected by the Intermediary on the basis of a list of objective and transparent criteria. (not currently available)
User: refers to any natural person browsing and using the Intermediary’s Website.
Illegal content: refers to any information which, in itself or in relation to an activity, including the sale of products or the provision of services, does not comply with European Union law or the law of the French State. Illegal content includes
- Hate speech, speech of a terrorist or discriminatory nature;
- The sale of non-compliant or counterfeit products;
- The sale of products or provision of services in violation of consumer protection law;
- Unauthorised use of material protected by copyright.
2) THE INTERMEDIATION SERVICE
The Intermediary offers the following services on its Website:
- The referencing and display of content and Services in the field of reconstructive, plastic, aesthetic, hair, dental or reproductive surgery offered by third-party Establishments
- Connecting Users and Establishments
The User is put in touch with the Establishments via the “Personalised Quote” form on the Web Site. On this form, Users are asked to specify their request: treatment and desired country. The Intermediary then forwards the User’s request for a quote to the partner Establishments corresponding to the search criteria.
IMPORTANT INFORMATION :
The Intermediary is not a medical tourism agency or a medical establishment. Its activities are limited to providing an online intermediation Service.
It acts exclusively as a passive, technical intermediary between (i) Users of the Website wishing to receive quotes for healthcare treatments and (ii) Establishments offering reconstructive, plastic, cosmetic, hair, dental or reproductive medicine services. After the technical stage of establishing contact, the intermediary is in no way involved in the Services offered and provided by the Establishments to the Users.
The information available on the Web Site describing the Establishments’ Services corresponds to the information transmitted by the Establishments themselves or is that available on their own websites. The Intermediary does not verify this information.
With regard to the Establishments identified on the Web Site as “Best Clinics”: the selection is made on the basis of a list of objective and transparent criteria, on the basis of the statements made by the Establishments themselves. The Intermediary does not verify these declarations. It does not check the compliance of the Establishments listed, nor does it verify their diplomas, certifications or accreditation, or that the Services offered are actually carried out in compliance with the quality and safety standards in force.
Once the Web Site has put you in touch with an Establishment, the Intermediary is no longer involved. The subsequent stages take place exclusively between the User and the Establishment(s) selected: pre-diagnosis, sending of quotations, exchange of information relating to the Services, signature of the care contract, performance of the Services, post-treatment follow-up, etc.
It is the User’s responsibility to ensure, once they have been put in contact via the Web Site, that the Establishment selected and the Services offered correspond to their needs. The User is therefore invited to contact the selected Establishment to request all necessary information prior to purchasing Services.
In the event of non-performance or poor performance of the Services, the User is hereby informed and accepts that the Intermediary may under no circumstances be held liable and that the User may only make a claim against the Establishment concerned by the Services in question.
3) REFERENCING RULES AND RANKINGS ON THE WEBSITE
A) Criteria for listing Institutions on the Web Site
The Establishments listed are structures offering reconstructive, plastic, aesthetic, hair, dental, bariatric and reproductive surgery Services. They may be clinics, hospitals or any other type of structure dedicated to surgery, facial or body care. The establishments listed have the particularity of being based abroad. They may be located in European Union countries (e.g. Spain, Cyprus, Hungary, etc.) or outside (Turkey, Thailand, Dubai, Tunisia, etc.). Each Establishment listed on the Website has a presentation sheet. We do not list or work with French establishments or establishments based in France.
Partner establishments : Certain Establishments listed on the Website are commercial partners of the Intermediary. These Establishments are identified as such on the Website (Partner Establishment) in their file.
BestClinic” Sites :
Establishments identified on the Web Site under the “BestClinic” tag are those which have declared that they meet the following list of criteria:
- Joint Commission International accreditation for quality and safety of care;
- Membership of ISAPS ;
- ASAPS membership;
- Google review: minimum rating of 4 out of 5;
- Commitments made to patients (minimum cooling-off period after estimate, post-operative follow-up, insurance and liability).
The “BestClinic” establishments are not currently accessible on the Website due to the fact that verification and validation procedures are underway, in accordance with regulatory requirements and the prior checks required to ensure their compliance with the standards in force before they are finally put online.
B) Organisation of the Website and classification of content and Establishment Services
The Intermediary’s Website mainly comprises 3 types of pages:
- Category pages: cosmetic surgery; hair implants; reproductive medicine; dental care. Within each category is a list of the establishments concerned. The User can also use a drop-down menu to find a list of treatments by category.
- The Establishments pages : Each Establishment listed on the Website has a presentation page. The User can filter the Establishments by geography (country, town), by category (liposuction, rhinoplasty). The User can access the establishment’s official website from its presentation page. Simply go to the ‘reviews’ section at the bottom of the page and click on the name of the establishment.
- Blog or information pages: These pages provide general, non-medical information on reconstructive, plastic, cosmetic, hair, dental, bariatric and reproductive surgery (e.g. definitions, price estimates, frequently asked questions, etc.).
The Website also features a search engine to find pages corresponding to key words (e.g. liposuction Turkey).
Establishments are classified according to the search criteria entered by the User:
- By treatment category ;
- By keywords typed into the search engine;
- By location (country, city).
Search results are displayed in chronological order, from the most recent (top) to the oldest (bottom). The order of appearance is in no way influenced by the commercial partnerships established with the Intermediary.
C) Dereferencing conditions
The Intermediary may delist Establishments that no longer meet the criteria set out in point a), those with which it no longer has a commercial partnership, in the event of a report of illegal or erroneous Content or in response to a request from an authority or a court.
4) DETAILS OF THE CONTENT APPEARING ON THE INFORMATION PAGES
The information available on the general information pages of the Website or the Blog pages is not exhaustive and merely expresses the opinions of the authors. This content is provided for information purposes only and is not intended to replace or be considered as scientific or medical consensus advice or as medical advice. The User is invited to exercise caution and reserve with regard to the use of the information for him/herself and third parties, as well as with regard to the results obtained. The information available on the general information pages does not replace a medical diagnosis and/or treatment and does not in any way exempt the User from consulting a doctor, who is the only person authorised to establish a medical diagnosis and appropriate medical treatment.
Rules to be observed by Users
All Users of the Website undertake to comply with the following rules:
- Provide accurate, up-to-date and truthful information;
- Use the Website for strictly personal purposes;
- To check, once they have been put in contact via the Web Site, that the Establishment selected and the Services offered correspond to their needs, and to ask the Establishment for any useful and necessary information prior to carrying out a Service;
- Not to use the Web Site for the purpose of hindering or altering its operation, in particular by voluntarily or involuntarily cluttering it up with the untimely transfer of content, other than in the cases provided for;
- Not to extract, copy or duplicate any written content that does not belong to them;
- Not to introduce files/programmes that are malicious or contain computer viruses;
- Not to import, store or share any unauthorised content that is illegal, racist, pornographic or that could constitute incitement to commit crimes or offences, defamation or insult, invasion of privacy, or even acts endangering minors;
- Not to store or transmit content that violates image rights, intellectual property rights or any other rights belonging to others.
All Users undertake to behave in a fair and non-abusive manner and to express themselves with kindness, moderation and reserve. In particular, Users must refrain from defaming, insulting or infringing the privacy, image, honour, dignity or reputation of the Intermediary or an Establishment.
5) MECHANISMS FOR REPORTING ILLEGAL CONTENT
The Intermediary has set up mechanisms enabling any person or entity to notify it of the presence on the Website of specific items of information that it considers to be illicit or erroneous Content. These mechanisms are easy to access and use and allow notifications to be submitted electronically. The person is invited to send the notification via our contact form by clicking here.
The person making the notification is invited to provide, if possible, the following information :
- A sufficiently substantiated explanation of why he/she alleges that the information in question is Illegal Content;
- A clear indication of the exact electronic location of this information, such as the exact URL or URLs, and, where appropriate, additional information enabling the Illegal Content to be identified;
- The name and e-mail address of the person submitting the notification, unless there is a legitimate exception;
- A statement confirming that the person submitting the notification believes, in good faith, that the information and allegations contained therein are accurate and complete.
Where the notification contains the person’s electronic contact details, the Intermediary will send the person an acknowledgement of receipt of the notification as soon as possible. The Intermediary will then initiate proceedings in respect of the alert received. The person who made the report and/or the person(s) concerned by the alleged Illicit Content may be heard if necessary by the Intermediary. The Intermediary will endeavour to make a decision regarding the information to which the report relates in a timely, expeditious, non-arbitrary and objective manner.
Where the alert affects an Establishment (or a professional), the Intermediary will provide the Establishment (or professional) with a clear and specific statement of the reasons for the proposed decision by registered letter with acknowledgement of receipt:
- Removal of the illegal Content
- Temporary suspension of services;
- Termination of the contract.
The Professional will have the opportunity to put forward its arguments in return by registered letter with acknowledgement of receipt within 7 calendar days of receipt of the Intermediary’s letter. The Intermediary will take into account any written feedback from the Professional and will notify the Professional of its final decision no later than 72 hours from receipt of the Professional’s letter.
6) INTELLECTUAL PROPERTY
The Intermediary holds the intellectual property rights relating to the Website, its content and its component parts. The fact that these are made available shall not be construed as a transfer of any intellectual property rights whatsoever, within the meaning of the French Intellectual Property Code. Thus, the right of access and use granted hereunder is exclusive of any transfer of intellectual property rights. This applies in particular to the rights referred to in Articles L 122-1, L 122-6 and L 122-7 of the French Intellectual Property Code.
The Intermediary grants the Website User, for the duration of the Website’s online availability and for the entire world, a right of access to and use of the Website, in accordance with these terms and conditions, this right being non-exclusive, non-assignable and non-transferable.
The User strictly prohibits any other use of the intellectual property elements referred to above, in particular any reproduction, adaptation, modification, representation, translation, arrangement, distribution, decompilation, without this list being limitative.
The User undertakes not to infringe the rights of the owners in any way whatsoever and not to carry out any act likely to result in the counterfeiting of all or part of any element or component of the Website.
The User is hereby informed that any use that does not comply with the provisions hereof may expose him/her to legal action (unfair competition, counterfeiting, etc.).
The User is hereby informed that the Web Intermediary may use pre-existing works, in particular software for which it has obtained the necessary rights for use. In particular, the User is informed that the Web Site may use so-called “free” or “open source” modules or libraries or reproduce royalty-free images.
It should be noted that the images used on the “Website” come either from the online image bank Pixabay.com (royalty-free images), or from Shutterstock.com (id: 300944897), or from Depositphotos.com (id: 22347598). On the Pixabay, Shutterstock and Depositphotos platforms, each image has been licensed in accordance with the conditions of use and contractual terms specified by these services. The exploitation rights relating to these images have therefore been duly obtained under the licensing agreements in force.
The licences relating to elements (which are available on written request) may contain outright exclusions of all warranties. In this case, the User accepts that the holder cannot grant more guarantees than he himself has of the licences for these elements. The holder therefore excludes any guarantee relating to so-called “free” or “open source” elements whose licences contain a guarantee exclusion.
7) LIABILITY OF THE INTERMEDIARY
Users of the Web Site are solely responsible for the choices they make and the consequences of their choices. The Intermediary may not be held liable if the information is unsuitable for the User’s needs.
The Intermediary may only be held liable for intermediation services and in the event of a proven fault on the part of the User.
The Intermediary makes its best efforts to ensure an optimum level of security for the Website and its own Intermediary Services and undertakes to comply with the applicable regulations.
In the event of illicit Content being reported, and as soon as it becomes aware of it through a report or awareness, the Intermediary undertakes to act promptly to remove the illicit Content or make access to it impossible.
Furthermore, in the event of an injunction from a judicial or administrative authority to take action against Illicit Content or a clinic/hospital, the Intermediary may be required to provide information to this authority and/or take action to remove Illicit Content or make access to it impossible.
The Intermediary may only be held liable for direct damage suffered by a User as a result of the Intermediation Services, once it has been proven that the Intermediary is directly at fault; indirect damage is excluded.
Accordingly, the Intermediary may not be held liable for any indirect loss, such as loss of opportunity, cosmetic loss, loss of data, or any other special loss or event beyond its control or due to any cause not attributable to it.
8) MODIFICATION OF THE GENERAL TERMS AND CONDITIONS OF USE
The Intermediary reserves the right to adapt or modify the terms of these general terms and conditions at any time, which will be accessible from the Web Site.
9) EVIDENCE AGREEMENT
The Parties agree to lay down the rules governing the evidence admissible between them in the event of a dispute and its evidential value. The Parties recognise the validity and full evidential value of the following elements and procedures as well as the signatures and authentication procedures they express:
- The data and information transmitted by the User from the Website (in particular via the quote request form);
- Electronic notifications exchanged (e-mails);
- IP addresses, connection logs and time stamps.
10) APPLICABLE LAW – JURISDICTION
These general terms and conditions of use and the intermediation services provided by the Intermediary are governed by French law. Any dispute arising from the interpretation, performance or termination of these General Terms and Conditions of Use shall be subject to a prior attempt at amicable settlement. In the event of a dispute with a User which is not settled amicably, jurisdiction is expressly assigned to the court of the defendant’s place of residence, in accordance with article 42 of the Code of Civil Procedure, or in accordance with article 46 of the Code of Civil Procedure.
11) RIGHT OF WITHDRAWAL
If you are a consumer residing in Europe, European consumer protection legislation grants you the right to withdraw from these general terms and conditions of use and to request their deletion via our contact form by clicking here . Your information will be deleted within 48 hours and is completely free of charge.
See our privacy policy.
Consult our policy on the use of cookies.
Consult our legal notice.