MEDEX GENERAL TERMS AND CONDITIONS OF USE PLEASE READ THESE TERMS OF USE CAREFULLY. BY CLICKING “ACCEPT” OR ACCESSING THE SITE AND/OR USING THE SERVICES, YOU AGREE TO BE BOUND BY GENERAL TERMS AND CONDITIONS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THESE GENERAL TERMS AND CONDITIONS OF USE, YOU MAY NOT ACCESS OR USE THE SITE OR SERVICES. BY ACCEPTING THESE TERMS OR BY ACCESSING THE SITE OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE GENERAL TERMS AND CONDITIONS OF USE INCLUDING THE PRIVACY POLICY REFERENCED BELOW. IF YOU ARE NOT ELIGIBLE OR DO NOT AGREE TO THE GENERAL TERMS AND CONDITIONS OF USE, THEN YOU DO NOT HAVE PERMISSION TO ACCESS THE SITE OR USE THE SERVICES.

1 - PURPOSE

These general terms and conditions (the "General Terms and Conditions") apply between MEDEX BV, with registered office , 9070 Destelbergen (Belgium), Volderrede 58 (company number 0793.188.992)(”MEDEX") and you as a user ("User") of the MEDEX Platform (together the "Parties").

The purpose of these general conditions is to define the terms and conditions of use of the Services offered on the MEDEX Platform (hereinafter: the "Services"), as well as to define the rights and obligations of the parties in this context.

We recommend that you read these Terms and Conditions carefully before using the MEDEX Platform and keep a copy of them. In particular, they are accessible and printable at any time via a direct link at the bottom of the home page of the site.

They may be supplemented, where appropriate, by conditions of use specific to certain Services. In case of contradiction, the special conditions prevail over these general conditions.

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2 - CONTACT DATA

MEDEX can be contacted at the following coordinates:
Address: Volderrede 58 , 9070 Destelbergen (Belgium)
Email: info@medex.health

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3 – DEFINITIONS

1°) MEDEX: a company under Belgian law offering a teleconsultation platform and a global medical record system where patients with complex

medical conditions in a Target Disease can seek premium second opinions from highly specialized European physicians through highly advanced and secured video conferences and maintain and share their medical records globally

2°) Global Medical Record: A secure electronic health record maintained by MEDEX that allows Users to store, manage, and share their health information with authorized healthcare providers.

3°) User: the person seeking either a premium second opinion or subscribing to the global medical record service

4°) Medical expert: a physician who is recognized as a world-class specialist in his field of expertise and who provides premium second opinions to users through the MEDEX platform

5°) Standard Services: a global medical record, giving access to a person’s medical information and ensuring it is usable for medical practitioners worldwide, and premium second opinions delivered by the Medical Experts, which constitute advices or options for a treatment-plan or treatment, based on the user’s existing diagnosis and medical records and which do not constitute diagnoses or treatment plans

6°) Particular Service: the search by MEDEX for a Medical Expert not yet registered on the platform with a specialization in the Target Disease exposed by the User.

7°) Target Disease: one of the diseases covered by WEBEX as indicated on WEBEX’s website

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4- ACCESS TO THE SITE AND SERVICES

The Services are accessible, subject to the restrictions provided on the website, to any natural person with full legal capacity to undertake under these general terms and conditions. The natural person who does not have full legal capacity may only access the Site and the Services with the agreement of his legal representative.

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5 - ACCEPTANCE OF THE GENERAL CONDITIONS

The acceptance of these general conditions is materialized by a checkbox in the registration form. This acceptance can only be full and complete. The User who does not agree to be bound by these terms and conditions must not use the Services.

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6 - NO RIGHT OF WITHDRAWAL

The right of withdrawal of Directive 2011/83/EU is not applicable.

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7 - REGISTRATION ON THE SITE

7.1 The use of the Services requires the User to register on the site, by completing the form provided for this purpose. The User must provide all the information marked as mandatory. Any incomplete registration will not be validated.

Registration automatically entails the opening of an account in the name of the User (hereinafter: the "Account"), giving him access to a personal space (hereinafter: the "Personal Space") which allows him to manage his use of the Services in a form and according to the technical means that MEDEX deems most appropriate to render the said Services.

The User guarantees that all the information he gives in the registration form is accurate, up-to-date and sincere and is not tainted by any misleading character.

He undertakes to update this information in his Personal Space in case of changes, so that it always corresponds to the aforementioned criteria.

The User is informed and accepts that the information entered for the purpose of creating or updating his Account is proof of his identity. The information entered by the User commits him as soon as it is validated.

7.2 The User may access his Personal Space at any time after having identified himself using his login ID and password.

The User undertakes to use the Services personally and not to allow any third party to use them in his place or on his behalf, except to bear full responsibility.

He is also responsible for maintaining the confidentiality of his username and password. He must immediately contact MEDEX at the contact details mentioned in Article 2 hereof if he notices that his Account has been used without his knowledge. It recognizes the right of MEDEX to take all appropriate measures in such cases.

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8 - DESCRIPTION OF THE SERVICES AND CONTRACTUAL RELATIONS

The Services offered by MEDEX include access by the User to a platform that will allow to store, manage, and share their personal health information securely, and arrange a teleconference for a second opinion with a medical expert.

As such, the User enters into three strictly separate contracts, one with MEDEX for the use of the platform, one with Faqir Institute for the management of the medical records, and one with the Medical Expert of his choice for the provision of a premium second opinion.

The MEDEX platform connects Users with a Medical Expert in order to obtain a premium second opinion on the target disease. To do this, the User uploads his complete medical file (required at the time of registration) which will allow the medical expert before the teleconference to analyze the file to issue a second opinion.

During the teleconference, the Medical Expert will give a second opinion based on the data provided by the User.  The purpose of this second opinion is to invalidate or confirm a first opinion given by a health specialist.

The User acknowledges that the MEDEX platform does not interfere in the medical advice given to the User by the Medical Expert, nor in their therapeutic relationship in general, but only provides an easy communication channel allowing this relationship to exist at a distance.

The User has access to the Services described on the site, in a form and according to the functionalities and technical means that MEDEX deems most appropriate.

The Services offered by MEDEX can be distinguished as follows:

1°) The Standard Service as defined in Article 3, 4 °) of these general conditions implies the analysis of the User’s global medical record by a Medical Expert already registered on the MEDEX platform.  Once the medical file has been analyzed, a teleconference will be initiated with the User, which will followed by a second opinion.

2°) The Particular Service as defined in Article 3, 5 °), of these general conditions implies the search by MEDEX for a Medical Expert not yet registered on the platform with a specialization in the target disease exposed by the User. MEDEX will make every effort (obligation of means) to find a qualified expert who can give a second opinion to the User. If within three months no medical expert has been found, the User may terminate the contract in return for payment of all amounts paid. If, on the other hand, within this period a Medical Expert has been found, he/she will provide a second opinion in accordance with the procedure described in the Standard Service.

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9 - PRICES

The total price of the Services offered (Basic Service or Particular Service) is clearly indicated to the User before he books a teleconsultation.

Rates are subject to update. However, the rate applicable to the User is the one displayed on the site on the day of registration via the form.

9.2 The payment processing services for our site are provided by wire transfer to KBC bank or Paypal and are subject to KBC’s and Paypal’s terms and conditions. By accepting these terms and conditions or by using our Service, the User agrees to be bound by the service contract of Paypal. As a condition for MEDEX to enable payment processing services via Paypal, the User agrees to provide MEDEX with accurate and complete payment information and authorizes MEDEX to share it. If a credit card account is used for a transaction, MEDEX or KBC / Paypal may obtain pre-approval for an amount up to the payment amount.

The User represents and warrants that, if making payments online, (i) all credit card, debit card and bank account information provided is true, correct and complete,(ii) charges incurred via credit/debit card will be honored by the company or bank, (iii) he/she is the person in whose name the card was issued and is authorized to make a purchase or other transaction with the credit card and relevant credit card information.

Payment to MEDEX will be automatically renewed at the end of the subscription period, unless the User terminates his subscription via his subscription page before the end of the current subscription period.

The User may terminate the subscription at any time in accordance with clause 19 of these terms and conditions. The termination will take effect the day after the last day of the current subscription period.

If the User does not wish to have their subscription renewed automatically they must log into their account and follow the instructions to cancel the subscription, even if the User has deleted their account or the Site from their devices. The deletion of the account or the removal of the Site from the devices does not cancel the subscription. MEDEX will retain all funds debited to the User's account until the User cancels the subscription via the account page.

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10 - DATA

The User expressly acknowledges and accepts:

(i) that the data collected on the site, which includes health records stored in the global medical record, and on MEDEX's computer equipment, are proof of the reality of the operations carried out hereunder;

(ii) that these data constitute the only means of proof accepted between the parties, in particular for the calculation of the sums due to MEDEX.

The User can access this data in his Personal Space, and on request to the address of MEDEX.

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11 - OBLIGATIONS OF THE USER

Without prejudice to the other obligations provided for herein, the User undertakes to comply with the following obligations:

11.1 The User undertakes, in his use of the Services, to comply with the laws and regulations in force and not to infringe the rights of third parties or public order.

11.2 The User accepts that the MEDEX platform will only be used for non-commercial purposes and on his own behalf and that of the children in his custody.

11.3 The User acknowledges having read on the site the characteristics and constraints, in particular technical, of all the Services. He is solely responsible for his use of the Services.

11.4 The User is informed and accepts that the implementation of the Services requires that he be connected to the internet and that the quality of the Services depends directly on this connection, for which he is solely responsible.

11.5 The User undertakes to immediately inform MEDEX of any unauthorized use of his account or any other violation of the security of his account of which he is aware.

11.6 The User acknowledges that he always has the right not to start or end at any time a teleconsultation with the medical expert. He will not be entitled to be reimbursed.

11.7 The User undertakes to provide MEDEX with all the information necessary for the proper performance of the Services.  The User is responsible for the accuracy of the information he provides when registering to access the MEDEX platform and when using the Service. MEDEX cannot be held responsible for any damage that may occur due to incorrect or outdated information provided by the User.

11.8 The User is solely responsible for ensuring the accuracy of the data uploaded to the Global Medical Record and is responsible for any third-party access provided to healthcare professionals. MEDEX cannot be held liable for any misuse of the data shared via the Global Medical Record

11.9 The User is solely responsible for the content of any kind (editorial, graphic, audiovisual or other, including the name and/or image possibly chosen by the User to identify him on the site) that he disseminates as part of the Services (hereinafter referred to as: the "Content").

He guarantees MEDEX that he has all the rights and authorizations necessary for the dissemination of this Content.

He undertakes to ensure that said Content is lawful, does not infringe public order, morality or the rights of third parties, does not infringe any legislative or regulatory provision and more generally, is in no way likely to bring into play the civil or criminal liability of MEDEX.

The User is thus prohibited from disseminating, in particular and without this list being exhaustive:

·                               Content that is pornographic, obscene, indecent, offensive or unsuitable for a family audience, defamatory, abusive, violent, racist, xenophobic or revisionist,

·                               infringing Content,

·                               Content that infringes on the image of a third party,

·                               Content that is deceptive, misleading or that proposes or promotes illegal, fraudulent or misleading activities,

·                               Content that is harmful to third party computer systems (such as viruses, worms, Trojan horses, etc.),

·                               and more generally Content that may infringe the rights of third parties or be harmful to third parties, in any way and in any form whatsoever.

11.10 The User acknowledges that the Services offer him an additional but not alternative solution to the means he already uses elsewhere to achieve the same objective and that this solution cannot replace these other means.

11. 11 The User shall indemnify and hold MEDEX harmless from any damages, losses, costs, expenses, claims (of third parties) and other liabilities incurred by MEDEX as a result of the User's failure to comply with its obligations under these Terms, it being understood that MEDEX will make reasonable efforts to mitigate any potential harm it may suffer.

11.12 These General Terms and Conditions cover the normal use of the Service by the User. MEDEX reserves the right to restrict, suspend or terminate the provision of the Service in the event of abnormal or inappropriate use by the User.

11.13 This Website is meant to help transmit sensitive data and MEDEX does its best to protect that data in its hands. The User must also contribute by:

·             using a strong password;

·             not sharing its login credentials;

·             updating its software regularly;

·             installing and using anti-virus and firewall software;

·             not using MEDEX in a public place;

·             checking people can’t hear what is said during the teleconference.

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12- USER'S GUARANTEE

The User guarantees and holds harmless MEDEX against any complaints, claims, actions and/or claims whatsoever that MEDEX may suffer as a result of the User's breach of any of its obligations or guarantees under these terms and conditions.

He undertakes to indemnify MEDEX for any damage it may suffer and to pay it all costs, charges and/or convictions it may have to bear as a result.

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13 - PENALTIES FOR NON-COMPLIANCE

13..1 It is strictly forbidden to use the Services for the following purposes:

1.                            the exercise of illegal, fraudulent activities or activities that infringe the rights or safety of third parties,

2.                            breach of public order or violation of the laws and regulations in force,

3.                            intrusion into the computer system of a third party or any activity likely to harm, control, interfere, or intercept all or part of the computer system of a third party, violate its integrity or security,

4.                            the sending of unsolicited emails and/or prospecting or commercial solicitation,

5.                            manipulations intended to improve the referencing of a third-party site,

6.                            aiding or abetting, in any form and manner, one or more of the acts and activities described above,

7.                            and more generally any practice diverting the Services for purposes other than those for which they were designed.

12.2 Users are strictly prohibited from copying and/or misappropriating for their own purposes or those of third parties the concept, technologies or any other element of the MEDEX website.

12.3 Are also strictly prohibited: (i) any behavior likely to interrupt, suspend, slow down or prevent the continuity of the Services, (ii) any intrusion or attempted intrusion into MEDEX's systems, (iii) any misappropriation of the site's system resources, (iv) any actions likely to impose a disproportionate burden on the latter's infrastructures,  (v) any breach of security and authentication measures, (vi) any acts likely to infringe the financial, commercial or moral rights and interests of MEDEX or the users of its site, and finally more generally (vii) any breach of these general conditions.

12.4 It is strictly forbidden to monetize, sell or grant all or part of the access to the Services or the site, as well as to the information hosted and/or shared therein.

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14 - PENALTIES FOR NON-COMPLIANCE

In the event of a breach of any of the provisions of these general conditions or more generally, of a violation of the laws and regulations in force by a User, MEDEX reserves the right to take any appropriate measure and in particular to:

1.                              suspend or terminate access to the Services of the User, author of the breach or infringement, or having participated in it,

2.                            delete any content posted on the site,

3.                            publish on the site any information message that MEDEX deems useful,

4.                            notify any authority concerned,

5.                            initiate any legal action.

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15 – RESPONSIBILITY OF MEDEX

15.1 MEDEX undertakes to provide the Services diligently and according to the rules of the art, it being specified that it is subject to an obligation of means, to the exclusion of any obligation of result, which the Users expressly acknowledges and accepts.

15.2 MEDEX is not aware of the content posted by Users as part of the Services, on which it does not carry out any moderation, selection, verification or control of any kind and in respect of which it intervenes only as a hosting provider.

Consequently, MEDEX cannot be held responsible for the content, whose authors are third parties, any possible claim must be directed in the first place to the author of the content in question.

15.3 MEDEX declines all responsibility in the event of any loss of the information accessible in the User's Personal Space, the latter having to save a copy and not being able to claim any compensation in this respect.

15.4 MEDEX undertakes to carry out regular checks to verify the functioning and accessibility of the site. As such, MEDEX reserves the right to temporarily interrupt access to the site for maintenance reasons. Similarly, MEDEX cannot be held responsible for any difficulties or temporary impossibilities of access to the site that have their origin in circumstances that are external to it, force majeure, or that are due to disruptions to telecommunications networks.

15.5 MEDEX provides reasonable efforts to ensure the availability of the Global Medical Record. However, MEDEX is not responsible for unauthorized access if the User fails to maintain proper security protocols for their account.

15.5 MEDEX does not guarantee to Users (i) that the Services, subject to constant research to improve their performance and progress, will be completely free of errors, defects or defects, (ii) that the Services, being standard and not offered solely for the benefit of a given User according to his own personal constraints, will specifically meet their needs and expectations.

15.6 MEDEX undertakes to make reasonable efforts (obligation of means) to ensure the availability of the MEDEX platform and the proper functioning of the Service. MEDEX may determine on its own initiative the technical and other resources necessary for the provision of the Service.

15.7 MEDEX does not provide tele-consultations. MEDEX contracts with independent Medical Experts who are not employees of MEDEX. The Medical Experts, not MEDEX, are responsible for the quality and appropriateness of the tele-consultations.

The Medical Experts are independent of MEDEX and simply use the platform as a means to communicate with the User. Any information or advice received from a Medical Expert is from that expert alone, and not from MEDEX. Neither MEDEX, nor any of its subsidiaries or affiliates or any third party that may promote the platform, website or the Services or provide a link to the Services, shall be responsible for any professional opinion obtained from a Medical Expert via the platform. MEDEX is not responsible for the performance of the medical tele consultation by the Medical Expert and cannot be held responsible for any fault or failure of the Medical Expert. MEDEX declines all responsibility for the execution of the medical teleconference by the Medical Expert and can in no way be held responsible for any fault or failure of the Medical Expert.

15.8 The liability of MEDEX is in any event limited to the maximum amount of its professional liability insurance coverage.

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16 - RESPONSIBILITY OF THE MEDICAL EXPERT

16.1 The Medical Expert enters into a physician/patient relationship with each patient and the Medical Expert shall be solely responsible to each Patient for all aspects of the teleconsultations he/she delivers.

16.2 The Medical Expert may access the User's Global Medical Record for the purpose of providing a second opinion, with the User's consent. The Medical Expert is responsible for maintaining the confidentiality of any information viewed.

16.3 The Medical Expert shall deliver teleconsultations to the best of his/her abilities, in strict conformance with the highest professional and medical standards, methods and practices in his medical specialty, in a competent, ethical and professional manner.

The Medical Expert will not make medical diagnosis or prescribe treatments/medication to patients through the MEDEX platform, but will only provide teleconsultations, which qualify as “consultations”or “professional opinions”.

16.4 The User acknowledges that the Medical Expert only issues a second opinion that is not binding on the User.  This second opinion cannot be considered as a diagnosis or treatment by the Medical Expert. Under no circumstances can the Medical Expert be held liable for any damage occurring after the issuance of his medical opinion except in the case of fraud, gross negligence or intentional misconduct committed.

16.5 The Medical Expert will not be liable for the Services to be performed by MEDEX.

16.6 The liability of the Medical Expert is in any event limited to the maximum amount of his/herprofessional liability insurance coverage.

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17 - INTELLECTUAL PROPERTY

The systems, software, structures, infrastructures, databases and content of any kind (texts, images, visuals, music, logos, brands, database, etc ...) operated by MEDEX within the site are protected by all intellectual property rights or rights of database producers in force. All disassemblies, decompilations, decryptions, extractions, reuses, copies and more generally, all acts of reproduction, representation, dissemination and use of any of these elements, in whole or in part, without the authorization of MEDEX are strictly prohibited and may be subject to legal proceedings.

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18 – PERSONAL DATA

MEDEX, acting as the controller of the User's personal data on the MEDEX platform, uses this personal data in order to provide the Services, including(without limitation) to allow the User's registration on the MEDEX platform and the creation of the User's account, the maintenance and sharing of the Global Medical Record, to collect the necessary information before a teleconference, and to share this information with the medical expert who will issue the second opinion, to deal with any complaint from the User concerning the Services and evaluate the User's feedback and evaluations, to comply with the applicable legal obligations and to improve and monitor the performance of the MEDEX platform.

The personal data protection policy is explained in detail in the document entitled "Privacy Policy", which the User is expressly invited to read and accept at the time of registration on the site.

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19 - FORCE MAJEURE

MEDEX shall not be liable for any delay or failure to provide the Service when they result from unforeseeable events beyond its control that make it impossible to perform the Service in whole or in part ("Force Majeure"), including, but not limited to, a cyber-attack, actions or omissions of legislative or governmental bodies (including the adoption of laws or regulations or other acts of regulatory bodies or public authorities that prevent the provision of the Service).

In the event of an event of force majeure, MEDEX has the right to suspend or limit the provision of the Service without the User being able to claim any damage. In this case, MEDEX will make every effort to limit the duration and impact of the Force Majeure event.

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20 - MODIFICATIONS

These General conditions and Terms of Use (including the Privacy Policy) constitute the entire agreement between MEDEX and the User pertaining to the subject matter hereof.

MEDEX reserves the right to modify these General Conditions at any time.

The User will be informed of these changes by any useful means.

The User who does not accept the modified general conditions must unsubscribe from the Services. 

Any User who uses the Services after the entry into force of the modified general conditions is deemed to have accepted these modifications.

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21 - LANGUAGE

In the event of a translation of these General Conditions into one or more languages, the language of interpretation will be the English language in the event of a contradiction or dispute over the meaning of a term or provision. 

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22 - APPLICABLE LAW AND JURISDICTION

22.1 The contract between MEDEX and the User for the use of the platform is governed by Belgian law.

In the event of a dispute over the validity, interpretation and/or execution of the contract, the parties agree that the courts of Brussels will have exclusive jurisdiction to judge them, unless mandatory procedural rules to the contrary.

22.2 The contract between the Medical Expert and the User for the delivery of a premium second opinion is governed by Belgian law. In the event of a dispute over the validity, interpretation and/or execution of the contract, the parties agree that the courts of Brussels will have exclusive jurisdiction to judge them, unless mandatory procedural rules to the contrary.

23 - ENTRY INTO FORCE AND UPDATES

These general terms and conditions came into force on 1 October 2024.