These General Terms and Conditions (“GTCs”) together with our proposal or service agreement (hereinafter called “Proposal”) for the brokerage services of IMeT Surgery & Physical Rehab (referred to herein as “Us,” “We”, “Our” or “IMeT”) will be providing to You as Our client, and other information required by law. References to “insurance” and “insurers” include “reinsurance” and “reinsurers” where applicable.
- These GTCs together with the Proposal and any amendments thereto, as evidenced by a written Addendum to the Proposal duly agreed and accepted by both parties, will supersede and replace any previous agreements containing the same or similar subject matter and may only be varied by written agreement between You and Us (unless superseded by future amended GTCs issued by IMeT and accepted by You). These GTCs may not be assigned by You or Us without the express written consent of the other party.
- By instructing Us to act, You will be deemed to have accepted the terms of these GTCs and to have requested to deal with Us in English unless We specifically agree with You otherwise.
- IMeT is a limited company incorporated under the Laws of England and Wales, Company Number 12902447 (Company Act 2006) (in these GTCs, IMeT, its subsidiaries and any of its affiliated companies). To the extent legally permissible, IMeT may use offices in the any of its subsidiaries and/or affiliated companies, when in IMeT’s professional judgement those services are necessary or appropriate.
- IMeT operates in the European and non-European markets in order to meet the demand for highly qualified medical and healthcare services, organising, on behalf of its clients, specialist medical examinations, operations, screening procedures, admissions to hospital facilities, after examining their specific needs, based on the indications of the clients' doctors and/or therapists. IMeT's activity is limited to providing its clients with the identification of the most suitable healthcare facility, without providing any type of medical prescription or clinical opinion.
- IMeT acts for, and in the interest of, its clients. IMeT will not deliberately put itself in a position where its interests, or its duty to another party, prevent it from discharging its duty to clients. IMeT maintains internal procedures and controls to identify and manage any potential conflicts, so that at all times the interests of all IMeT's clients are reasonably protected.
Identification of client needs
- IMeT acts as an intermediary of healthcare services. We undertake to verify, based on the clinical information provided by the client, the specific healthcare needs, suggesting the most suitable hospitals to provide the required assistance.
- IMeT shall direct You to general practitioners with whom it has an agreement to carry out the clinical examinations necessary for admission to the hospital facilities identified for medical intervention. The results of the examinations shall be delivered, by the contracted general practitioners, to the client so that the latter can share them with his attending physician, while a copy shall be sent, by the contracted general practitioners, directly to the hospital facility identified for the operation. The cost of these routine clinical examinations is entirely borne by IMeT. In any event, IMeT shall not have access to or retain copies of the clinical examinations performed by the customer.
- We will keep You informed of Our progress and identify where We are unable to obtain all or part of the service sought by You. We will use reasonable endeavours to implement Your therapy programme, subject to available healthcare and/or hospital facilities, before the intended date of admission. We cannot however be responsible for the consequences of late instructions or the actions of third parties.
- We will provide You with the information You need to make a decision about available ad adequate healthcare facility and/or hospital available. Any decision regarding the type of intervention and/or therapy shall in all cases be the sole responsibility of the client and his or her personal physician or surgeon consultant. While IMeT may provide advice and recommendations, You must decide on the specific intervention and/or therapy that is appropriate for Your particular clinical situation.
- IMeT does not assume any liability for the effectiveness or completeness of Your existing medical prescription, or any related diagnoses represented by You for any acts or omissions occurring prior to the date of commencement of IMeT’s agreement.
5. OUR RESPECTIVE RESPONSIBILITIES
Proposal Forms
- For each type of healthcare intervention and/or treatment You will be required to complete a proposal form, questionnaire or similar document directly with the identified healthcare facility. We will provide guidance if needed but We are not able to, and will not, complete the document for You. In most cases, the information You provide will be the basis of or form part of the proposal form, questionnaire or any other similar document requested according to local laws and/or regulations.
- The provision of incorrect or incomplete information may at a larger state result in the healthcare facility denying the intervention and/or treatment.
Disclosure of Information- You are responsible for providing Us with the information We request from You to enable Us to suggest which hospital is most suitable for you. We will not be responsible for any consequences which may arise from any delay or failure by You to do so.
- Further, you must disclose to Us all information which is material to Your requirements in order to evaluate the most suitable hospital for your intervention. Failure to make such disclosure could result in the intervention and/or treatment being ineffective or harmful. This duty of disclosure applies before the start of our relationship, when all material information must be disclosed to Us to enable programme to be evaluated. This is not limited to answering specific questions that may be asked. Any material changes which may occur or come to light after any previous clinical evaluation has been given must also be notified to Us immediately.
- The same duty is owed to the specific healthcare institute before scheduling any intervention and/or therapy. In addition, changes which substantially increase the risk and/or may involve a different intervention or therapy, must be notified at once.
Change in Circumstances- You must advise Us as soon as reasonably practicable of any changes in Your circumstances that may affect the services to be provided by Us. We will advise You as soon as reasonably practicable of any possible regulatory changes that may lead to a change in the accessibility of health treatment at the identified healthcare institution, or that may result in the choice of a different healthcare facility.
Provision of Information- The services We provide to You are for Your exclusive use and all data, recommendations, proposals, reports and other information provided by Us in connection with Our Services contains proprietary, confidential information and are for Your sole use and may not be shared with any third party, unless otherwise agreed by IMeT in writing.
Payment of Services- The services offered to Our clients are provided under appropriate framework agreements that We have with the hospitals. These framework agreements directly regulate the relationship between IMeT and the hospitals, including the remuneration of Our brokerage service. Therefore, You shall not have to pay anything directly to Us for the service provided by Us.
- Pursuant to the provisions of clause 5.8 above, You shall directly pay the hospital facility identified for the required medical treatment.
- Except in cases of frustration, if the customer cancels the appointment for surgery, the customer shall reimburse the hospital directly for the costs of the clinical examinations performed, also pursuant to Section 4.2 above.
- With the Proposal, IMeT shall provide the client with an indication of the costs necessary to provide the service, including the costs for medical intervention and/or treatment, as well as the other services requested.
- Payments due by the client to hospitals shall be made in Pounds Sterling.
8. YOUR LIABILITY FOR TAX AND/OR SOCIAL SECURITY CHARGES
- IMeT is not a tax or social security adviser and consequently makes no representation to You as to Your liability or otherwise for tax and/or social security charges on any sums that may be paid by You in return for services requested from, and provided by, healthcare facilities. Any information or calculations that IMeT provides about social security issues are based on publicly available information and IMeT’s experience derived from involvement in similar matters for other clients. In all instances, IMeT recommends that You seek Your own independent advice on such matters from professional legal, tax and/or social security advisers.
- Subject to any more specific term of the framework agreements reached with any specific hospital, our remuneration is calculated as a percentage (“Brokerage Fee”) of the cost of the healthcare service requested and of the additional services offered by IMeT.
- No reimbursement will be made by Brokerage Free once the date of hospitalisation and/or surgery at the hospital facility has been scheduled, even if the client cancels the surgery or treatment, unless it later emerges that the cancellation of the surgery or treatment is due to the client's specific and documented physical and/or clinical condition.
- Outside the cases referred to in paragraph 9.2, the client who cancels the operation or treatment without the above-mentioned justified reason shall be obliged to reimburse IMeT for the costs of preliminary examinations amounting to 900.00 pounds. Any further reimbursement and/or compensation owed by the client to the hospital shall be the subject of separate negotiation between the hospital and the client.
10. CANCELLATION OF THIS AGREEMENT
- Once the cooling-off period of 15 days from the signing of the letter of agreement has elapsed, the customer may not terminate the agreement reached by IMeT, without prejudice to the customer's possibility of subsequently deciding not to undergo the intervention and/or treatment, except as provided for in paragraph 5.10 above.
11. LIMITATION OF LIABILITY
- IMeT, operating as a mere intermediary of the service offered to the client, shall not be liable for damages caused to the client by the healthcare facility that are a direct and/or indirect consequence of the healthcare treatment and/or intervention.
- This limitation applies to all causes of action including, without limitation, breach of contract, breach of warranty, negligence, strict liability, misrepresentation and other torts, for which the healthcare facility can be held liable.
- In no event will IMeT or any of its subsidiaries and/or affiliates, be deemed liable for any special, indirect, incidental or consequential or punitive damages or for any lost profits or other economic loss relating to, arising out of or in connection with this Agreement or the services provided under it.
- This clause will not apply to any liability which cannot lawfully be excluded or limited.
- You accept that IMeT has an interest in limiting the exposure of its directors, employees, consultants and affiliates to litigation, and agree that You will not bring, or assist in bringing, any claim against any of IMeT’s affiliates, or personally against any of IMeT’s individual directors, employees or consultants, in connection with the performance of the services under this Agreement. The provisions of this clause are intended to be for the benefit of such directors, employees, consultants and affiliates who shall have the right to rely on and enforce these terms.
12. ELECTRONIC COMMUNICATIONS
- We may communicate with each other by electronic mail, sometimes attaching further electronic data. By consenting to this method of communication We and You accept the inherent risks (including the security risks of interception of, or unauthorised access to, such communications, the risks of corruption of such communications and the risks of viruses or other harmful devices).
- Notwithstanding that We and You have reasonable virus checking procedures on Our system, You will be responsible for virus checking all electronic communications sent to You. You will also be responsible for checking that the messages received are complete. In the event of a dispute the records maintained in the IMeT’s system shall be deemed definitive in respect of electronic communications and documentation passing between Us.
- We will treat any information in Our possession, which relates to Your health condition, pathologies and any other sensitive and/or health data as confidential. It will be necessary for Us to disclose information that You consider confidential to healthcare institutions, when acting on Your behalf, where We reasonably consider such information to be material in order to ensure the provision of healthcare services, or for internal review and audit purposes.
- The provisions of clause 14.1 above will not apply to the information to the extent that it is:
- already lawfully in IMeT's possession on the date of its disclosure;
- in the public domain other than as a result of a breach of the provisions of clauses
- required to be disclosed pursuant to legal or regulatory requirements.
- Where IMeT is acting as Your intermediary, the healthcare institutions may contact IMeT to request a copy of Your data. In response to this request, IMeT will share Your data documents ensuring that recipients respect the protection of confidentiality with regard to all sensitive information.
- IMeT may retain documents for business effected on Your behalf in electronic form or paper in accordance with its document retention policy in effect from time to time. Thereafter We may destroy documents without further reference to You.
15. DATA PROTECTION AND DATA SECURITY
Personal Data
- You and IMeT will observe the provisions of any data protection or privacy legislation as applicable from time to time. This includes any obligation, if any, for the provider of personal data to obtain any required consent(s) in respect of the transfer of personal data to the recipient by the provider or any third party that is subject to applicable data protection or privacy legislation and any obligation with respect to the use, disclosure on a transfer by the recipient of personal data necessary to carry out its obligations under this agreement. In order to ensure the protection of personal data IMeT is registered with the Information Commissioner's Office (ICO) https://ico.org.uk
- IMeT believes that all personal data it requests is necessary to provide services and for client relationship management. Personal data will be kept confidential but You consent and authorise IMeT to provide or disclose Your personal data for general clinical purposes including screening, examinations, diagnosis, prophylaxis. Where We consider it necessary and appropriate, We may transfer personal data and confidential information to a service provider, under conditions of confidentiality, for the purpose of data storage or processing or providing any service to You.
- Depending on the circumstances, the disclosure of personal data to any of the above may involve a transfer to another country.
16. INTELLECTUAL PROPERTY
- IMeT shall retain all ownership, title, copyright and other intellectual property rights in all materials developed, designed or created by IMeT (or by any of its subsidiaries and/or affiliates) before or during the Agreement.
17. GOVERNING LAW AND JURISDICTION
- This Agreement will be governed by and construed in accordance with the laws and regulations of England and Wales, and any dispute arising out of or in connection with this Agreement shall be submitted to the jurisdiction of the courts of England and Wales.
- IMeT is required to act in accordance with the laws, regulations and requests of regulatory authorities operating in various jurisdictions which relate amongst other things, to the prevention of money laundering, terrorist financing and the provision of financial services to any persons or entities that might be subject to sanctions. IMeT may take actions at the request of regulatory authorities and other companies, within IMeT or other companies, and these actions may include delaying or rejecting Your requests.
19. IF YOU ARE NOT HAPPY WITH OUR SERVICE
- It is Our intention to provide You with a high level of customer service at all times. However, if You are dissatisfied with any aspect of Our services, You may make a complaint either in writing or by any other means to Your usual point of contact.