• I. GENERAL IMPORTANT STATEMENTS

    Last Updated: OCTOBER 1ST, 2016

    Thank you for visiting the INDIGOMED group of websites, which includes INDIGOMED.NET, INDIGOMEDCONNECT.NET and INDIGOMEDPARTNERS.NET.

    PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES.

    BY USING THIS WEBSITE, YOU ACCEPT THESE TERMS.

    By accessing, browsing and/or using webpages or other digital content on this Site, you accept, without limitation or qualification, the following terms of use.

    If you have any questions about our privacy policy or the use of information gathered through our website, please contact our webmaster at webmail@INDIGOMED.NET.

    INDIGOMED.NET activity enters into the regulatory framework of the CNIL – the French National Commission of Information Technology and Freedoms – concerning sensitive information, declaration number 1556979V0/03-09-2012.

  • II. WEBSITE TERMS AND CONDITIONS

    All information contained within this website is under copyright of INDIGOMED SAS unless otherwise noted. Except for use by an individual for their own personal information, the content of this website may not be reproduced or copied in whole or in part without prior written permission of INDIGOMED SAS.

    All information contained in this website is provided as a service to the community and is for informational purposes only. While the information is believed to be complete, and generally in accord with the standards accepted at the time of publication, because of the possibility of human error and changes in medical science, INDIGOMED does not warrant that the information contained in this website is complete, accurate, current or reliable. INDIGOMED makes no representations or warranties, express or implied.

    It is the policy of INDIGOMED to obtain any required permission for use of the pictures included in this website. In the event a picture has been included for which permission was not granted, it was done inadvertently, and the picture will be removed upon receipt of notice.

    You should know that websites/pages (other than www.INDIGOMED.NET/pages) referred to or linked from this site are not under the control of INDIGOMED. Accordingly, INDIGOMED can make no representation concerning the content of these sites, nor can the fact that INDIGOMED has listed these links serve as an endorsement by INDIGOMED of the sites or any information or further links contained on those sites.

    INDIGOMED is providing these links only as a convenience to you. This is to inform you that INDIGOMED has not reviewed these sites and therefore cannot make any representations regarding the quality or reliability of any information found on these sites.

  • III. GOVERNING LAW

    You agree that any claim or dispute relating to the INDIGOMED website or your use or reliance on this website shall be construed in accordance with the laws of France without regard to its conflict of laws provisions. The parties agree to be bound and shall be subject to the exclusive jurisdiction of the state courts located in Paris, France.

    Comments or Questions

    Should you have any questions regarding these terms and conditions, the practices of this website, or the privacy or your dealings with this website, you may contact our webmaster at webmaster@INDIGOMED.NET.

    INDIGOMED AND ITS WEBSITES DO NOT PROVIDE MEDICAL ADVICE.

    The Information that you obtain or receive from INDIGOMED is for informational and scheduling purposes only.

    THE INFORMATION PROVIDED ON THE SITE IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL ADVICE FROM A QUALIFIED HEALTH CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SITE. DO NOT USE THE SITE FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, CALL YOUR LOCAL EMERGENCY NUMBER. YOUR USE OF INFORMATION PROVIDED ON THE SITE IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THE INDIGOMED.NET SITE OR AVAILABLE THROUGH ANY OF ITS SERVICES IS INTENDED TO BE, NOR SHOULD IT BE TAKEN TO BE, THE PRACTICE OF MEDICINE OR THE PROVISION OF MEDICAL CARE.

  • IV. PROCEDURES/PRODUCTS/SERVICES

    The procedures, products, services and devices discussed and/or advertised within the Sites are not applicable to all individuals, all patients or all clinical situations. We make no claims as to the effectiveness of any such procedures, products, services and devices. Any products and/or services represented on the Site by advertisers, sponsors, and other Site participants, either paid or unpaid, are presented for your awareness and do not necessarily imply appropriateness for any particular individual or prediction of effectiveness, outcome or success.

    We do not recommend or endorse any specific tests, physicians, procedures, opinions, or other information that may appear on the Site. If you rely on any of the information provided by the Sites, you do so solely at your own risk.

  • V. DISCLOSURE OF MEDICAL INFORMATION

    INDIGOMED takes seriously the privacy of your medical records and personal information. Accordingly, we have taken all reasonable restrictions necessary to protect your confidentiality in accordance with all applicable laws.

    In addition, you authorize INDIGOMED and its respective physicians, employees, contractors, business associates and/or agents to access, review, research, analyze, discuss and copy your medical and personal information as may be necessary to provide the online second opinion or the admission service you request. The use of your medical information will not exceed this stated purpose, unless and until you authorize and direct such additional disclosure(s).

  • VI. GENERAL LIMITATION OF LIABILITY

    YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE CANCELLATION OF YOUR REGISTRATION. IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE SERVICES OR THE SITE, REGARDLESS OF THE FORM OF ACTION, EXCEED THE GREATER OF THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID TO UTILIZE THE SITE OR THE SERVICES. IN NO EVENT SHALL WE BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE SITE AND/OR THE SERVICES.

    THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, ANY OTHER COMMERCIAL DAMAGES OR LOSSES, OR MEDICAL MALPRACTICE OR NEGLIGENCE OF PHYSICIANS UTILIZED THROUGH USE OF THE SERVICE, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

    In no event shall INDIGOMED intervene in the choice of the practitioner or health facility: such a choice being under your sole responsibility, INDIGOMED cannot be liable for such a choice. INDIGOMED is not responsible for any acts, errors, omissions, promise, warranty, negligence, or breach of contractual obligations from healthcare facilities, medical providers or any other person associated with healthcare facilities or service providers; neither is it responsible for any physical injury, death, material damage or any other resulting damage or expenses.

    YOU acknowledge that all medical, surgical or other benefits can provide a risk.

  • VII. ELIGIBILITY

    Members must be 18 or over (or the legal age to form a binding contract in their jurisdiction if that age is greater than 18 years of age) to register with INDIGOMED or use the Site and the Services. Users that are between the ages of 13 and 18, or the applicable legal age in their jurisdiction, can use the Site or Services only in conjunction with, and under the supervision of, their parent or guardian who has agreed to the Terms of Use. Users that are under the age of 13 may not use the Site or Services. Users who are the parent or legal guardian of a child under the age of 18 may use the Site or Services on behalf of such minor child. By using the Site or Services on behalf of a minor child, Members represent and warrant that they are the parent or legal guardian of such child. Membership in the Services is void where prohibited by applicable law, and the right to access the Site is revoked in such jurisdictions. By using the Site and/or the Services, Members represent and warrant that they have the right, authority, and capacity to enter into these Terms of Use and to abide by all of the terms and conditions set forth herein. The Site is administered in France and intended for international users; any use outside of France is at the user’s own risk, and users are responsible for compliance with any local laws applicable to their use of the Services or the Site.

  • VIII. EXCLUDED STATES AND COUNTRIES

    The following are countries and states in which INDIGOMED services are unavailable.

    If you live in the United States or one of its territories, please check to see if your state or territory is excluded in the left box titled “Excluded States”.

    If you live in a country other than the United States, please check in the « Country Exclusions » section to see if your country is excluded.

    Excluded USA States & Territories

    • American Samoa
    • Federated States of Micronesia
    • Guam
    • Iowa
    • Louisiana
    • Marshall Islands
    • Northern Mariana Islands
    • Oregon
    • Palau
    • South Carolina
    • Tennessee
    • Virgin Islands

    ATTENTION: California Residents of California who would like to request an online medical second opinion must inquire by email to californianresident@INDIGOMED.net prior to filling out any online registration information. Due to current restrictions and limitations in California, INDIGOMED staff will determine the resident’s eligibility in advance. Once INDIGOMED staff determines their eligibility, the resident may proceed with their request.

    Excluded Countries

    •    Iran
    •    Iraq
    •    Korea, Democratic People’s Republic of (North)
    •    Syrian Arab Republic (Syria)
  • IX. ONLINE SECOND OPINION AND HOSPITAL ADMISSION PROPOSALS DISCLAIMER

    The service provided through this website is different from the diagnostic services typically provided by a physician. The physicians providing this service belong to renewed healthcare facilities that have joined the INDIGOMED NETWORK. They will not have the benefit of information that would be obtained by examining you in person and observing your physical condition. Therefore, the physician may not be aware of facts or information that would affect his or her opinion of your diagnosis. In some cases, these facts may be critical to the opinion.

    TO REDUCE THE RISK TO YOU OF THIS LIMITATION, INDIGOMED STRONGLY ENCOURAGES YOU TO DISCUSS THE SECOND OPINION WITH YOUR REFERRING PHYSICIAN. BY DECIDING TO ENGAGE THIS SERVICE, YOU ACKNOWLEDGE THAT YOU ARE AWARE OF THIS LIMITATION AND AGREE TO SOLELY ASSUME THE RISK OF THIS LIMITATION.

    BY REQUESTING A REMOTE ONLINE SECOND OPINION THROUGH THIS WEBSITE, YOU ACKNOWLEDGE AND AGREE THAT:

    THE DIAGNOSIS THAT YOU WILL RECEIVE BY THE PHYSICIANS BELONGING TO THE MEDICAL HEALTHCARE FACILITIES OF THE NETWORK IS LIMITED AND PROVISIONAL;

    THE REMOTE ONLINE SECOND OPINION IS NOT INTENDED TO REPLACE A FULL MEDICAL EVALUATION OR A FACE-TO-FACE VISIT WITH A PHYSICIAN;

    THE PHYSICIAN ON THE SITE DOES NOT HAVE IMPORTANT INFORMATION THAT IS USUALLY OBTAINED THROUGH A PHYSICAL EXAMINATION;

    THE ABSENCE OF A PHYSICAL EXAMINATION MAY AFFECT THE PHYSICIAN’S ABILITY TO DIAGNOSE YOUR CONDITION, DISEASE OR INJURY.

    BY ENGAGING OUR SERVICES, YOU ACKNOWLEDGE AND AGREE TO SOLELY ASSUME THE RISK OF THESE LIMITATIONS. YOU FURTHER UNDERSTAND THAT NO WARRANTY OR GUARANTEE HAS BEEN MADE TO YOU CONCERNING ANY PARTICULAR RESULT OR CURE OF YOUR CONDITION.

  • X. TERMS AND CONDITIONS OF USE

    Last Updated: OCTOBER 1ST, 2016

    Welcome to the INDIGOMED.NET website (INDIGOMED) for patients seeking an online second opinion by renewed health care facilities and/or admission to health care facilities joining the INDIGOMED NETWORK. Please read these terms and conditions carefully, as your use of any of our websites constitutes your acceptance of these terms and conditions. If you do not accept any of the terms and conditions stated here, do not use any of our INDIGOMED sites. We may, in our sole discretion, change these terms and conditions at any time by updating this Web page. You are bound by all such modifications, and you are responsible for reviewing these terms and conditions on a regular basis. Your continued use of the websites constitutes your agreement to all such terms, conditions and notices.

    THE SITES, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH MEMBERS (DEFINED BELOW) MAY RECEIVE SERVICES (DEFINED BELOW) BY THE HEALTH CARE FACILITIES (DEFINED BELOW) JOINING THE INDIGOMED NETWORK OF HEALTH CARE PROFESSIONALS. YOU UNDERSTAND AND AGREE THAT INDIGOMED IS NOT PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN MEMBERS AND HEALTHCARE FACILITIES, NOR IS INDIGOMED AN INSURANCE BROKER, AGENT OR INSURER. INDIGOMED HAS NO CONTROL OVER THE CONDUCT OF MEMBERS, HEALTH CARE FACILITIES OR OTHER USERS OF THE SITE, APPLICATION OR SERVICES, OR ANY ADMISSIONS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.

    1. KEY TERMS

    Content” means text, graphics, images, music, software, audio, video, information or other materials.

    Domicile” refers to the dwelling place, principal and usual residence of the Member, as indicated in the Member Account registration procedure.

    INDIGOMED Content” means all content that INDIGOMED makes available through the Site, Application, or Services, including any content licensed from a third party, but excluding Member content.

    Elective Surgery/Treatment” Elective surgery or elective procedure (from the Latin eligere, meaning to choose) is surgery or other medical treatment that is scheduled in advance because it does not involve a medical emergency. Semi-elective surgery is a surgery that must be performed to preserve the patient’s life, but does not need to be performed immediately.

    Elective Surgery/Treatment Package Proposal” refers to the list and suggested prices proposed by the chosen HCF to the Member for accessing it and receiving the surgery/treatment. The quote specifies all the practitioners for the medical intervention. In general, this package includes:

    The identifier specifying the practitioners (specialists, health care facilities, medical centers, clinics, etc.) and a description of the interventions.

    The price to access the facility for all the medical services, as well as all additional costs linked to the extent of the presence of the Member at the chosen facility.

    Health Care Facilities (HCFs)” refers to hospitals or medical diagnosis facilities whose general mission is defined by article L. 6111-1 of the FRENCH Public Health Code. HCFs are selected by INDIGOMED and are asked to participate in the Site Listing. Each HCF autonomously choses:

    • the Medical Conditions it authorized by its country of origin to deal with and treat;
    • the type of Services it wishes to offer to INDIGOMED Members (only Remote Online Second Opinion or/and Medical Intervention Proposal and admissions to its medical facilities).

    Whatever their legal form, the role of HCF is to:

    • provide diagnostic examinations and treatment of ill or injured persons and pregnant women, taking into consideration the patient’s psychological condition
    • participate in public health initiatives, particularly in all coordinated medico-social initiatives and education initiatives for health and prevention.

    These missions must be accompanied by an ongoing concern for health and safety, quality and ethics. They are carried out in compliance with the accreditations and authorizations of the country of residence of each of the institutions. Only this type of health care facility will be proposed by INDIGOMED to respond to the medical problems of the Member. The health care facilities are presented to the Member by INDIGOMED based on the medical or surgical indications required by the Member’s health condition as contained in the Member’s PHR. From the medical intervention proposals presented through INDIGOMED, the Subscriber can choose the institutions that they consider the most adapted to respond to their medical problem.

    List and prices of logistic services” refers to the list and prices of logistic services proposed by INDIGOMED’s partners, coordinated by INDIGOMED logisticians (service provider, type of service, price of service).

    Listing” means the HealthCare Facilities (HCF) presented by INDIGOMED on Indigomed.net.

    Medical Condition/State/Disease” refers to a disease that is a pathological condition of a body part, organ, or system of the Member resulting from various causes, such as infection, genetic defect, or environmental stress, and characterized by an identifiable group of signs or symptoms.

    Member” means a person who completes INDIGOMED’s account registration process on INDIGOMEDCONNECT.NET, as described under “Patient Account Registration” below, and is a patient requiring access to medical services. The Member can be identified by a confidential Personal Patient Number (PPN). The person is required to be an adult pursuant to article 488 of the Civil Code and article 414 of January 01, 2009 and Law no. 2007-308 of March 5, 2007 – art. 7 Official Journal of the French Republic of March 7, 2007 in effect on January 1, 2009.

    Member Personal Medical/Health File/Record (PHR)” refers to an electronic health record where health data and information related to the care of a Member are stored and maintained by the Member himself/herself or by their Referring Physician.

    Member’s Referring Physician” means a physician who completes INDIGOMED’s account registration process as Referring Physician, as described under “Physician Account Registration” below. A Member must give to a Referring Physician a letter requesting their participation in the INDIGOMED process; the letter must include the Personal Patient Number, which the Referring Physician can enter during their registration. That PPN ties the Referring Physician to the Member. The letter, with EXPRESS CONSENT BY THE MEMBER (clear signature and copy of an identity member’s document), must be transmitted to INDIGOMED.

    Remote Online Second Opinion” A second opinion is the process of seeking an evaluation by another doctor or surgeon to confirm the diagnosis and treatment plan of a primary physician, or to offer an alternative diagnosis and/or treatment approach. An online remote medical second opinion is the process of getting a second opinion through the Internet. Please read carefully the Remote Online Second Opinion and Admission Proposals Disclaimer above.

    Payer” refers to the individual or corporate body that is in charge of paying for the Services and guarantees, once all are validated by the Member and the Payer.

    Services” INDIGOMED is a platform comprising three sites (INDIGOMED.NET, INDIGOMEDCONNECT.NET AND INDIGOMEDPARTNERS.NET) which inform Members who are using the Site about which HCFs belonging to the INDIGOMED Network can perform one or both of the following medical services according to the specific Condition chosen by the Members:

    • give a Remote Online Second Opinion;
    • offer an Elective Treatment/Surgery Package Proposal and propose an admission date.

    The SITES offer services of medical information exchange among Members, Referring Physicians and HCFs. These Services are charged by MANAGEMENT FEES, and Members must act according the Financial Terms below.

    Certain areas of the INDIGOMED Site (and your access to or use of certain aspects of the Services or Content) may have different Terms and Conditions posted or may require you to agree with and accept additional Terms and Conditions. If there is a conflict between these Terms and the Terms and Conditions posted for a specific area of the Site, Services, or Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Services, or Collective Content.

    2. MODIFICATION

    INDIGOMED reserves the right, at its sole discretion, to modify the Site, Services or these Terms, including the Service-Management Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services.

    3. HOW THE SITE AND SERVICES WORK: GLOBAL OVERVIEW

    The INDIGOMED Sites INDIGOMED.NET AND INDIGOMEDCONNECT.NET can be used to facilitate the listing and receiving by Members of services offered by registered HealthCare Facilities (HCF). Such HCFs and the Services they want to offer to Members are shown in Listings in conjunction with the Conditions on the Site. Each Condition has its own Listing. Members may view Listings as a registered visitor to the Site through their Account Registration. Members can choose the Services they want to utilize after selecting the Condition.

    The Member is completely independent in their medical choices and, as a result, in the choices of the Services. Once they have chosen the proposal that they want, while respecting the financial commitments of each proposition and, in case the Member is not the Payer of the Services, after having informed the Payer and received its authorization, INDIGOMED will implement the chosen Service.

    Site functionalities and workflow for Members:

    • select Condition;
    • check the type of Services that INDIGOMED offers for the Condition;
    • select the suitable Service;
    • register as a Referring Physician or Member;
    • upload Member’s Personal Medical File;
    • pay for the Service.

    As stated above, INDIGOMED makes available a platform or marketplace with related technology for Members, Referring Physicians and health care facilities to connect online, exchange information according to French law about medical data storage and exchanges, and arrange for Medical Services and Admissions.

    INDIGOMED is not an owner of HCFs; it is not linked with any of them by ownership, management or in any other way except through INDIGOMED conditions and agreements.

    INDIGOMED is neither a clinic nor a hospital. Nor do the Sites, the company, or any member of INDIGOMED’s Staff intend to practice medicine or provide any medical or paramedical services. INDIGOMED’s responsibilities are limited to:

    • facilitating the availability of the Sites and Services and
    • serving as the limited agent of each HCF for the purpose of accepting payments from Members on behalf of the HCFs for the Remote Online Second Opinion and the Elective Treatment Package Proposal.

    PLEASE NOTE THAT, AS STATED ABOVE, THE SITES AND SERVICES ARE INTENDED TO BE USED TO FACILITATE THE EXCHANGE AMONG MEMBERS, REFERRING PHYSICIANS AND HEALTH CARE FACILITIES.

    Health care facilities (HCFs) provide services in accordance with their own terms and conditions. Some of these conditions may limit or exclude all or part of the responsibility of HCFs to their patients. In particular, these conditions may exclude any liability for death, injury or medical errors. It is the responsibility of the undersigned patient to become aware of possible Terms and Conditions of HCFs before committing themselves. INDIGOMED cannot be responsible for any document produced or any agreement made with the HCFs.

    INDIGOMED is not, and is not intended to be, a travel agent. All services offered and/or services provided by service partners are the responsibility of the latter.

    4. MEMBER ACCOUNT REGISTRATION

    In order to access certain features of the INDIGOMEDCONNECT.NET Site and receive Services from and Admission by HCFs, visitors must register to create an account (“INDIGOMED Account”) and become a Member. Upon registration, Members will receive a Confidential Personal Patient Number (PPN) by email.

    Member Account Registration is free of charge.

    Patients can also be registered by their local Referring Physician(s); each such “Third Party Account” creates a temporary membership. The temporary membership will become a regular membership once INDIGOMED receives consent from the Patient, within one week after the Third Party Account has been created. The Referring Physician who creates a Patient Third Party Account must give them a letter (see model ) requesting patient’s acceptance of the Terms and Conditions  and their consent to INDIGOMED membership. This letter must include the Patient’s Temporary Personal Number, which the Referring Physician will receive by email during patient’s registration. That PPN ties the Patient’s Referring Physician to the Patient themselves as a new INDIGOMED Member. The letter, with EXPRESS CONSENT BY THE PATIENT, THE NEW MEMBER (clear signature and copy of an identity member’s document), must be transmitted to INDIGOMED (account@INDIGOMED.NET – Fax: +33 1 82 28 52 41).

    INDIGOMED will create an INDIGOMED Member Account and the Member’s PHR for using of the Site based upon the Member’s personal information, which they and/or the Referring Physician provide to INDIGOMED. Each individual may not have more than one (1) active INDIGOMED Account. Members and Referring Physicians agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. INDIGOMED reserves the right to suspend or terminate any Member’s Account and access to the Site and Services if the Member creates more than one (1) INDIGOMED Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. Members and Referring Physicians are responsible for safeguarding their confidential and personal passwords. Members agree that they will not disclose their passwords to any third party and that they will take sole responsibility for any activities or actions under their INDIGOMED Accounts, whether or not they have authorized such activities or actions. Members will immediately notify INDIGOMED of any unauthorized use of their INDIGOMED Account.

    The Member must define the individual or corporate body that will be the Payer of the Services during registration.

    5. LOCAL PHYSICIAN ACCOUNT REGISTRATION

    Local physicians can access INDIGOMED Services with intent to register as a Referring Physician on INDIGOMEDPARTNERS.NET. A registered patient can give a letter requesting local physician participation in INDIGOMED; such a letter includes a Personal Patient Number that the local physician can enter during their registration. The Personal Patient Number ties the registering local physician to their patients.

    During registration, the local physician will enter information about their patient’s medical history, along with any questions they would like answered. The local physician will also be asked to enter information about what materials will be sent for review, such as images or pathology. Either the local physician or their patient should then send the required materials to INDIGOMED, which may be sent online/via upload on INDIGOMEDCONNECT.NET, by fax or by mail.

    6. RELATIONSHIPS BETWEEN A MEMBER AND HIS/HER MINOR CHILD

    An INDIGOMED Member can request INDIGOMED’s Services in the name of and on behalf of their minor children. In this case, the Member will receive a specific Personal Child Number based on the main Member’s personal number.

    As for minor children for whom the referent is an INDIGOMED Member, INDIGOMED shall respect the directives found in the French Public Health Code.

    Moreover, INDIGOMED wants to specify the following points of French law concerning children’s rights:

    “The Council of State specifies again the legal exemption from the obligation to obtain the parental consent set forth by article L. 1111-5 line 1 of the Public Health Code. The minor effectively has access to all of the medical information that can be communicated and can therefore oppose its disclosure in compliance with medical privilege. The physician can be exempt from obtaining the consent of the holder or holders of parental authority regarding medical decisions to be made while treatment occurs if the minor expressly opposes parental intervention in writing. Nevertheless, the practitioner is obligated to really try and convince the minor of the necessity of having a parent present at the consultation. If the minor persists, they can be accompanied by an adult of their choice. This “capacity to oppose” set forth in the article of the Health Code is subject to the condition that the treatment or intervention be indispensable for safeguarding the minor’s health”.

    Moreover:

    “The law of March 4, 2002 enables the minor to maintain privacy in regards to their health condition, whatever their age and whatever the pathology. This right of respect for privacy is similar to an almost absolute and general right since, pursuant to article L. 1111-7, only the information mentioning that it has been collected from third parties not intervening in the therapeutic treatment or concerning such third parties, cannot be communicated to the patient or the third parties”.

    And further:

    “The minor’s ‘capacity to oppose’ the communication of medical information concerning them is limited to information relating to one treatment or one intervention. They must reiterate their opposition at the time of each new medical procedure in order to deprive the holder or holders of parental authority of their right to access their child’s medical information. In fact, article R. 1111-6 of the Public Health Code allows a minor to forbid the physician who carries out this treatment or intervention from communicating the information that was compiled regarding this subject to the holder of parental authority”.

    In any case, INDIGOMED must obtain the child’s agreement for transmission of medical information and the presence of the Member, the parent or guardian of the child, at the recommended medical procedures. As to payment for the Services, if the Payer is not the Member themselves, the parent or guardian of the child, INDIGOMED shall transmit to the Payer only the validated elective treatment proposal, which will be stripped of all medical information about the person, including pathologies and details of the medical procedures carried out.

    7. RELATIONSHIPS BETWEEN THE MEMBER AND THE PAYER

    The Member shall be solely responsible for communicating medical information regarding their health condition to the Payer of the INDIGOMED Services. INDIGOMED shall intervene alongside the Member according to the methods related herein. The Member shall request from INDIGOMED in writing that the Service proposals validated by him or her be communicated to the Payer for payment. The communication of information to the Payer shall exclude any medical and/or personal information about the Member.

    8. CONFIDENTIALITY, PRIVACY AND PROCESSING SENSITIVE DATA

    The complete confidentiality of information exchanged is guaranteed by all INDIGOMED’s and INDIGOMED’s employees, associate members, partners and external service providers, who have signed a charter for the management and processing of this data. The INDIGOMED Notice of Confidentiality and Privacy Practices is a separate document that governs how medical information about Members, Minors, and local physician may be used and disclosed by INDIGOMED.

    All physicians associated with INDIGOMED respect the confidentiality of information that is communicated to them and agree to disclose it only at the Member’s express and written request.

    INDIGOMED’s activity enters into the regulatory framework of the CNIL – French National Commission of Information Technology and Freedoms – concerning sensitive information.

    9. CONSTITUTION OF A PERSONAL MEDICAL FILE AND UPDATING THE RECORD

    Members who want to access INDIGOMED Services must follow the following steps to complete sharing of their Personal Medical File:

    Chose the Condition: In correspondence with any Condition, a list of requested materials is presented on the Site. It represents a list of exams and reports that INDIGOMED and the HCF consider necessary to deliver the Services properly and professionally. Only the Referring Physician can take the responsibility to upload all the requested material on the Site to build a Member’s Personal Medical File.

    The Member/Referring Physician must submit the requested materials to finalize the Member’s Personal Medical File. All the transferred or uploaded materials must be in English. If these materials are not in English, INDIGOMED can provide Members with a specific proposal by email regarding the translation of those materials by officially accredited translators. INDIGOMED and the official translators proposed by INDIGOMED accept NO responsibility for the translation of those materials.

    Members have three months to complete a request for Services on INDIGOMED. If a Personal Medical File is not completed and/or no Services are requested by the Member in this period of time, INDIGOMED will inform the Member of the destruction of their Personal Medical File, as INDIGOMED is required to do by French law on Medical Secrecy and Medical Information management. Materials may only be uploaded in the following formats: Word (.doc or .docx) or PDF.

    Radiology images should generally be uploaded in the required format: DICOM (Digital Imaging and Communications in Medicine). In the case that some material is not in the previous formats, a specific communication will be made by INDIGOMED about the possibility of using the material for Services. All Image(s) should also be of sufficient quality and should capture the appropriate body part. Should Members or Referring Physician not upload image(s) suitable for review, INDIGOMED will not be able to provide them with Services and INDIGOMED will request all missing parts of the sequence. As the Member Account Registration, the constitution of a Personal Medical File is free of charge

    At this stage, Members can choose Services. Services are charged. The choosing of Services through INDIGOMED implies the sharing of the Personal Medical File with the selected HCF that will deliver the chosen Service. Before transmission of the Personal Medical File, INDIGOMED will review the Member’s Medical File and an approval email will be send to the Member and/or Referring Physician to notify them of the completion of the file according to the proposed medical material list.

    The Member and their Referring Physician shall provide INDIGOMED, before and for the Services delivery, their Personal Medical File containing at the minimum the most recent and most complete medical examination report possible.

    The quality of INDIGOMED’s Services depends on the quality of the medical file, for which the Member is solely responsible.

    The Member and their Referring Physician are responsible for digitizing their medical record and putting it on the INDIGOMED secured extranet.

    10. SERVICES AND EXTENT OF SERVICES

    A Service proposal is made up of the elements set forth in the two following paragraphs and must be validated at the same time by the Member and the Payer in order to be implemented.

    The Member is the sole free and knowing decision-maker in regards to treatment and practitioners. They have complete freedom of choice after being given straightforward, clear and appropriate information.

    It can happen that, in view of the medical elements provided by the Member, the chosen HCF cannot offer the Service to the Member. In this case, INDIGOMED will do everything possible to propose one or more Health Care Facility(ies) that agree(s) to deliver the Service to the Member. INDIGOMED will propose several Health Care Facilities whenever possible, based on the time frame and condition of the Member. The choice of Health Care Facility is made by the Member and their Referring Physician.

    10.A REMOTE ONLINE SECOND MEDICAL OPINION

    Once a Member has chosen the Remote Online Second Opinion Service and INDIGOMED has received all the materials for their Personal Medical File, the Member’s case is triaged to an appropriate specialist belonging to a selected HCF. A consultation is usually completed according to the time slot proposed on the Site for each Condition, but may take longer if there is a large amount of material to be reviewed.

    The Member will receive an email informing them that their Personal Medical File is considered complete, proposing a starting day and detailing the time needed to complete the consultation, and a second opinion confirmation email. The Member must then validate the Service by paying the second opinion fee on the Site. A new email will be sent to the Member notifying them that their consultation is complete, and that they must log back on to the Site to retrieve the consultation report.

    10.A.1 Remote Online Second Medical Opinion Financial terms

    To get a Remote Online Second Medical Opinion, Members must pay a second opinion fee that depends on the Condition chosen (Conditions have different second opinion fees according to the complexity of the Condition and the medical specialists involved).

    All Healthcare institutions in the INDIGOMED network operate with ONE FIXED FEE for each condition.

    The second opinion fee is collected by INDIGOMED through credit card payment directly on the Site or through bank transfer to the INDIGOMED bank account.

    The Prices displayed in each listing are comprised of:

    • INDIGOMED MANAGEMENT FEES, including the Referring Physician intervention service fee (if your referring physician participates in the process)
    • HCF online second opinion service fee;
    • taxes (where applicable)

    INDIGOMED will collect the second opinion fee at the time of the second opinion confirmation email. The price will be charged upon reception of the confirmation email (i.e., when INDIGOMED confirms that the Member’s Personal Medical File will be confirmed as completed and the Member confirms the request of an Online Second Opinion according to the deadline for delivery of the consultation).

    No refund is possible after the second opinion fee has been paid and processed by INDIGOMED.

    Members acknowledge that they, or any authorized individual acting on their behalf, requesting a second opinion are responsible for all fees charged by INDIGOMED. Members understand that they or their authorized agent must pay the second opinion fees in advance, and that it is their responsibility to pursue any third-party insurance reimbursement at their own expense, if any. Members have been informed that they have the option to withdraw consent for their second opinion at any time. However, if they withdraw their consent after payment is made, they will remain responsible for the full amount. No money will be refunded after the confirmation email.

    10.A.2 Delivery of the Second Opinion

    The deadline for the delivery of the second opinion is always stated in the confirmation email for each Member’s Condition. If in the process of ordering the second opinion the Member also requests the second opinion be delivered to them in a language other than English, this translated second opinion shall be delivered to the Member within four (4) working days from the delivery deadline of the English second opinion by the HCF as proposed in the confirmation email.

    It is the responsibility of the Member and the Member’s Referring Physician to provide the HCF belonging to the INDIGOMED network with all information, images and medical material necessary for the provision of the second opinion. It may be the case that the information the Member and/or Referring Physician provide is not sufficient for the provision of the second opinion. Should this be the case, INDIGOMED will request that Members supply correct and complete information and material. Once the HCF has asked the Member to provide additional information, the deadline agreed to in the Confirmation email becomes void. The deadline will be reset once the Member has provided the HCF via INDIGOMED with all the additional information or material that has been requested. It is at the discretion of the HCF to assess whether the information and material are correct and complete. Members will be obliged to supply the HCF with correct, suitable and complete information and material as per the HCF′s request within six (6) working days. If Members fail to do so, Members will be obliged to settle 50% of the second opinion fee as a compensation for the HCF′s time spent reviewing incorrect or incomplete information and material.

    Members will be notified of an HCF’s request via email, and may also find such information in their Account.

    The deadlines for the provision of the second opinion are reinstated only once Members have submitted all the information and material necessary for the provision of the second opinion. Should there arise any doubts as to whether the information and material are sufficient for provision of the second opinion, it will be at the HCF’s discretion to make a final assessment. All the deadlines on the Site indicated in days refer to working days, counting from the following day.

    It may happen that HCF delivers the second opinion after the lapse of the deadline the Member agreed to in the confirmation email. Should this be the case, the Member is entitled to a discount from the second opinion fee, depending on the length of the delay.

    In particular, the Member is entitled to:

    • 15% of the second opinion fee to be paid back should the delay exceed three (3) working days;
    • 30% of the second opinion fee to be paid back should the delay exceed six (6) working days;
    • 50% of the second opinion fee to be paid back should the delay exceed ten (10) working days.

    In the case that the HCF informs the Member of its rejection of the request to provide a second opinion after the reception of the confirmation email, the Member is entitled to choose between another HCF registered on the Site, using the same procedure as previously, or a full repayment of the second opinion fee paid, to be reimbursed within ten (10) working days.

    It may happen that INDIGOMED delivers the translated second opinion after the lapse of the deadline the Member agreed to in the confirmation email. Should this be the case, the Member is entitled to a discount from the translation fee depending on the length of the delay, to be reimbursed within ten (10) working days.

    In particular, the Member is entitled to:

    • 15% of the translation fee to be paid back should the delay exceed one (1) working day;
    • 30% of the translation fee to be paid back should the delay exceed two (2) working days;
    • 50% of the translation fee to be paid back should the delay exceed three (3) working days.

    All sums payable to the User according to previous sections of these Terms and Conditions of Use shall be paid back to the Member within ten (10) days.

    10.B ELECTIVE PACKAGED TREATMENT PROPOSAL

    Members that have chosen to an Elective Packaged Treatment Proposal from INDIGOMED-listed HCFs will receive as much information as possible about the quality and reputation of the practitioners belonging to the chosen HCF.

    In general, an Elective Packaged Treatment Proposal includes the following:

    • A Remote Online Second Opinion according to section 10.A
    • An ADMISSION PROPOSAL with the following information
    • an approximate DATE for ADMISSION for the proposed treatments
    • description of consultations, care and pre- and postoperative treatments
    • the name, location and most detailed information possible about the care facilities and/or specialists who could intervene in connection with the Member’s Condition
    • accommodation service charges in the hospital setting for each of the health care facilities considered
    • hospital service charges, including lodging and meals
    • the financial payment scheme for admission, i.e. the reservation fees to confirm the proposal and the admission, the deposit to be settled prior arriving into the HCF confirming the admission date and, eventually and upon HCF request, and the financial guarantee for medical complication risk.

    INDIGOMED would like to draw Members’ attention to the fact that an Elective Packaged Treatment Proposal is an ESTIMATE based on a principal diagnosis, a second opinion, the medical procedures initially expected and the expected duration of hospitalization. This estimate does not take into account additional examinations or studies that might have to be performed to ensure Members receive the best medical management of their case.

    INDIGOMED will make every effort to see that the HCF takes into consideration the religious and dietary requirements of the Member, provided the latter has communicated them to INDIGOMED at the time of the Account Registration.

    The Member and possible companions agree to comply with all the rules and charters in effect within the HCF that will receive the Member and, in particular, the rules relating to visiting hours, the ban on smoking, consumption of alcoholic beverages and illicit substances and the taking of medication. They acknowledge that in case these rules are not respected, the HCF can refuse to extend the stay, without the Member being able to claim any reimbursement.

    10.B.1 Elective Packaged Treatment Proposal Financial terms

    The Financial Terms for delivery of an Elective Packaged Treatment Proposal are the same as for the Remote Online Second Opinion financial terms (see 10.A.1).

    10.B.2 Delivery of the Elective Packaged Treatment Proposal

    The Terms for the delivery of an Elective Packaged Treatment Proposal are the same as for the Delivery of the Second Opinion (see 10.A.2).

    10.B.3 Confirmation of the Elective Packaged Treatment and pre-admitting for treatments

    After reviewing the Elective Packaged Treatment Proposal, a Member wanting to access the HCF for the suitable treatments should CONFIRM this proposal by proceeding to the payment of TREATMENT MANAGEMENT FEES on the Site. As soon as the payment has been processed, an ADMISSION LETTER will be send to the Member to confirm their ADMISSION DATE to the chosen HCF.

    The deadline for confirming the proposal is fixed at one (1) week before the proposed admission date. After this deadline, INDIGOMED and the chosen HCF cannot guarantee the admission date; a new admission date could be proposed to the Member.

    10.B.4 Confirming the date of the Member’s hospitalization

    A few days before the agreed date of the Member’s hospital stay, the chosen HCF will contact the Member by email and by phone to:

    • Answer questions the Member may have about their time in the HCF and provide them with any necessary practical information (what documents to bring, etc.).
    • Give the Member the exact time of their admission.

    11. CREDIT TRANSACTIONS

    If Members elect to pay for any Service hereunder through their credit card, INDIGOMED, by its sole discretion, reserves the right to accept payment from Members’ credit cards. By requesting the credit card payment option, Members hereby authorize INDIGOMED to bill and charge the credit card indicated in the Members’ order for any fees and/or any other amounts noted in their order, as the same become due and payable. In the event INDIGOMED elects to so accept payment, INDIGOMED shall debit the applicable amounts from the Member’s credit card. In the event that the Member’s credit card expires or INDIGOMED is otherwise unable to debit the applicable amounts from the Member’s credit card, INDIGOMED shall provide notice to them, whereupon the Member immediately shall either (i) furnish in writing to INDIGOMED a valid credit card account number, or (ii) make payment to INDIGOMED in other immediately available funds, whether by check or otherwise.

    Credit card payments imply that these Global Terms and Conditions have been accepted. In all cases, the online provision of a credit card number followed by the final confirmation of the order will be considered evidence for the entire order (as provided by the French Law of March 13, 2000 adapting the law of evidence to information technology and dealing with the electronic signature), and will cause the sums incurred for the Service to become due and payable. This validation is legally valid and considered a genuine signature and express acceptance of all operations carried out on the Site.

    12. HEALTH CARE FACILITY (HCF) BILLING AND INSURANCE FOR TREATMENTS

    12.1 Deposit prior to arriving at the HCF

    All Members are required to pay a deposit directly to their chosen HCF prior to arriving at the HCF on the expected date of admission and according to the terms reported in the admission letter. The amount will be held on the chosen HCF account as part of the payment for the Member’s entire treatment at the chosen HCF.

    12.2 Appointment of INDIGOMED as Payment Agent for payment of HCF deposit

    Each HCF belonging to the INDIGOMED network appoints INDIGOMED as its limited agent solely for the purpose of collecting deposit payments made by Members on behalf of the HCF. Each HCF agrees that payment made by a Member to INDIGOMED shall be considered the same as a payment made directly to the HCF, and the HCF will make the admission available to the Member in the agreed-upon manner as if the HCF has received the deposit payment directly. Each HCF agrees that INDIGOMED may, in accordance with the Cancellation Policy of these Terms and Conditions (section 13.) (i) permit the Member to cancel the HCF booking and (ii) refund to the Member that portion of the deposit specified in the cancellation policy. In accepting appointment as the limited authorized agent of the HCF, INDIGOMED assumes no liability for any acts or omissions of the HCF.

    The HCF, not INDIGOMED, is solely responsible for honoring any confirmed admissions through an admission letter and making available any hospital accommodations and services confirmed through the Site. If Members choose to enter into a transaction with an HCF on the INDIGOMED network for booking elective treatment or services, they agree and understand that they will be required to enter into an agreement with the HCF and they agree to accept any terms, conditions, rules and restrictions associated with the Elective Treatment Package and admission letter proposed and confirmed by the HCF. The Member acknowledges and agrees that they, and not INDIGOMED, will be responsible for performing the obligations of any such agreements expressed in the admission letter, that INDIGOMED is not a party to such agreements, and that, with the exception of its payment obligations hereunder, INDIGOMED disclaims all liability arising from or related to any such agreements. The Member acknowledges and agrees that, notwithstanding the fact that INDIGOMED is not a party to the agreement between the Member and the chosen HCF, INDIGOMED acts as the HCF’s payment agent for the limited purpose of accepting deposit payments from the Member on behalf of the HCF. Upon the Member’s payment of the deposit amounts to INDIGOMED which are due to the HCF according to the admission letter and to confirm the admission date, the Member’s payment obligation to the chosen HCF for such amounts is extinguished, and INDIGOMED is responsible for remitting such amounts to the HCF. In the event that INDIGOMED does not remit any such amounts to a HCF, such HCF will have recourse only against INDIGOMED.

    12.3 Payment of the deposit and the treatments

    There are a number of ways Members can pay for deposits and treatments proposed by HCF through INDIGOMED, but the main ones are:

    • Through private or company-supported medical insurance schemes.
    • Through a Member’s self-pay package.
    • Sponsorship through a third party (subject to a letter of guarantee and an agreed deposit).

    12.4 Insured Members

    Prior to admission, it is essential that Members contact their insurers to confirm that their policy has a level of coverage adequate to meet the cost of their treatment.

    Even if Members are insured patients, they will be considered by the HCF as self-paying patients and an appropriate deposit will be requested; they will need to settle the hospital charges by themselves and reclaim reimbursements from their insurers.

    Medical insurance is a contract between the Member and the insurance company; Settlement of the account is therefore the Member’s responsibility. INDIGOMED admissions staff is available to discuss any concerns and provide individual assistance in completing Members’ admissions paperwork.

    12.5 Uninsured Members

    Members can pay the required deposit amount by international bank transfer, debit/credit card or traveler’s check. Any difference between the final cost of the treatments and the estimated amount received as deposit on admission must be resolved before departure. This may mean that an additional deposit will be required during the Member’s stay. Any necessary refunds will be collected by the same method via which the initial payment was made.

    12.6 Letters of Guarantee

    If a Member is a sponsored patient, it is essential that the Member provides a Letter of Guarantee (LOG) from their embassy or sponsoring organization prior to their admission. The letter is authorization for payment for the total cost of the Member’s treatment. However, in the event of non-payment by a sponsor or shortfall on the account, please be advised that Members are liable for settlement accordingly. A receipt will be issued for the Member’s treatment so that the Member can forward it to their sponsor for reimbursement.

    12.7 All Inpatients

    Costs for any extras such as telephone calls, newspapers, visitors’ meals, etc., will be invoiced to Members, and payment collected when Members leave the hospital. In order to assist in this process, Members will be asked to sign a credit card mandate on admission.

    12.8 Practical

    All international Members and their relatives are met upon arrival at the chosen HCF and assistance is provided with admission, including accompanying patients and relatives to their rooms and/or accommodation.

    12.8.1 Payment of hospital charges

    On the day of the Member’s discharge, the Member must visit the Cashier’s Office of the chosen HCF. The Member will be given a preliminary statement of hospital charges and asked to pay the full amount of the bill.

    This statement is only provisional and should not be sent to the Member’s insurer. The final bill will be sent to the Member after their discharge. It may include last-minute tests or services not reflected in the preliminary statement. In this case, the Member will be asked to pay the balance upon receipt of the bill.

    Payment may be made by debit or credit cards. INDIGOMED and all HCFs belonging to the INDIGOMED network accept most major credit or debit cards. The HCF may ask for the Members’ card details on admission to cover personal expenses. The Member’s card will be debited for outstanding charges on, or shortly after, the day of discharge. The hospital will provide an invoice for all charges made against the Member’s card, together with the Member’s credit card voucher. Cash payments must be made in EUR. INDIGOMED recommends Members visit a bank or exchange to convert any foreign monies prior to admission. A bank transfer can usually generate same-day transfers by fax from current accounts on instruction from the account signatory.

    12.8.2 Payment responsibilities for medical treatments in HCFs belonging to the INDIGOMED Network

    INDIGOMED payment terms are strictly net on receipt of invoice; payment is due immediately. HCF policy is to require payment in full at the time of discharge on all accounts not guaranteed by an approved third party. Any further collection costs incurred by the HCF (including fees billed by collection agencies, credit reference agencies and solicitors) will be added to the final amount payable.

    12.9 Other Services related to Elective Treatments

    12.9.1 Member’s Transportation to and from HCF

    Determination of the feasibility of transportation, the conditions under which the Member can be transported, and the transportation of the Member under the best safety conditions possible to HCF and from the HCF are under total responsibility of the Member themselves, their Referring Physician if participating in the INDIGOMED process, and of the HCF physicians practicing the chosen elective treatment.

    The means of transportation shall be determined and organized by the Member, taking into consideration the medical requirements brought about by the Member’s situation and the health regulations in effect.

    In case of medical prescription, INDIGOMED can organize all specific assistance measures for the Member, such as wheelchairs, ambulance transportation, special oxygen equipment, etc. Any Member taking advantage of these measures is totally responsible for their integral payment. A specific logistic fee will be charged by INDIGOMED for the organization of such measures.

    When a physician determines that transportation must involve medicalization, INDIGOMED shall organize this pursuant to the physician’s recommendations. These recommendations are imperative for the Member, who cannot decrease the level of medicalization as determined by the practitioner. INDIGOMED shall be released from its obligation to organize care at the health facility if a) the Member does not comply with the physician’s recommendations and organizes the trip himself/herself, and/or b) the payment of the proposed measures and the logistic fee are not settled according to the proposed payment plan.

    12.9.2 Member’s Reception

    The Member can benefit from being welcomed on arrival in the country of treatment and from assistance during admission formalities. A permanent assistance and translation service can be provided by INDIGOMED on the basis of a specific quote. A specific logistic fee will be charged by INDIGOMED for the organization of those services; the fee will be added to the cost of the additional requested services.

    12.9.3 Transportation of companion(s)

    If the Member will be accompanied by one or more third parties of their choice, INDIGOMED can organize the round trip of the companion(s) from the companion’s domicile to the HCF. These services correspond to a non-medical intervention proposal, which must be accepted by the Payer or the companion and paid before implementation of the Member’s services. A specific logistic fee will be charged by INDIGOMED for the organization of those services; the fee will be added to the cost of the additional requested services.

    This transportation will be organized by INDIGOMED, which will also propose the means of transportation. In the case of one or more companions traveling with the Member, the transportation will take into consideration the medical requirements brought about by the Member’s situation and the health regulations in effect.

    12.9.4 Accommodations for companion(s)

    If the Member decides to be accompanied by one or more third parties of their choice, INDIGOMED can organize accommodation for the companion(s) within a reasonable proximity of the HCF in which the Member will be hospitalized.

    INDIGOMED will try its best to obtain accommodation at the hospital treatment facility for at least one of the parents accompanying a young child.

    These services correspond to a list of non-medical interventions, which must be accepted by the Payer and paid before implementation of the Member’s medical intervention.

    Usually, accommodation will be organized in the hotel chosen by the companion for a number of days corresponding to the length of time of the Member’s stay in the HCF. A specific logistic fee will be charged by INDIGOMED for the organization of those services; the fee will be added to the cost of the additional requested services.

    12.9.5 Travel assistance

    The Member and companions must be in possession of a medical assistance contract covering them during their stay abroad. If the Member and/or their companion(s) do not have any travel assistance, INDIGOMED can put them in contact with one of their business partners which can provide those services upon request.

    12.10 Coverage of the risk of complications

    The estimate quote for medical services is drawn up to be as accurate as possible based on the factors known to INDIGOMED – and transferred by the Site to the HCF and the logistics participants (medical and non-medical) – at the time it is drawn up. However, the quote does not include the risk of complications that may occur at the time of medical treatment or surgery.

    When medical complications occur, the Member will be consulted for the continuation and type of care to be undertaken, as well as for the financial expenses brought about by these complications.

    In case of an emergency that requires an urgent medical procedure, the Member authorizes the caregivers to carry out all necessary procedures in the interest of the Member’s health.

    INDIGOMED and/or the chosen HCF may request in the admission letter that a financial guarantee be drawn up and submitted for the signature of the Member and the Payer. The description and amount of the financial guarantee must be separate and clearly identified in the admission letter. INDIGOMED and/or the HCFs are the sole judges of the quality of the financial guarantees offered by the Members. INDIGOMED and/or the chosen HCF reserve the right to refuse any guarantee against the risk of complications that they find insufficient

    INDIGOMED informs the Members and the Payers that drawing up such guarantees can be a condition for admission in certain HCFs of the INDIGOMED network.

    The additional costs resulting from an unforeseen and urgent complication will be paid for by means of the financial guarantee. In case the provision is insufficient, the beneficiary or interested party must guarantee payment of these additional costs by bank transfer made in the name of the HCF to which these payments are owed within 48 hours of notification.

    Notwithstanding the preceding, any service not included in the admission letter initially validated by the Member, which the Member wants to benefit from during the implementation of this proposal, will be subject to a new intervention proposal, appended to the first, and shall be billed to the Member in addition to the price indicated in the first intervention proposal.

    INDIGOMED will not, in any case, be substituted for the Member and/or Payer for the payment of validated elective treatment proposals or any other validated proposals by the Member.

    13. CANCELLATION, REFUNDS AND CHANGES POLICY FOR MEMBERS

    The Second Opinion Fee and Elective Treatment Proposal Management Fees are not refundable after payment.

    Regarding the Elective Treatment Proposal validated through the payment of the Reservation and Management Fees, Members can cancel any time and for any reason before arriving at the chosen HCF on the admission date. The Member will be refunded any deposits and guarantees they sent to INDIGOMED and/or HCF for the chosen elective treatment.

    In any case, the Elective Treatment Proposal Price, the Reservation and Management Fees, the Logistic Fees and the Handling charges associated with the approved Elective Treatment proposal are not refundable by INDIGOMED.

    The refund of the paid amount (deposits and/or guarantees) will be reimbursed to the Member within a time period of thirty (30) calendar days. If the Elective Treatment Proposal has been partially implemented (e.g. custom formalities, logistic reservations etc.), INDIGOMED will draw up a summary of the services already performed and/or delivered and will reimburse the balance of the services not carried out.

    Members can require refund of the Reservation and Management Fees or a new admission date in case of an “act of God.” For the purposes of the Terms and Conditions herein, an “act of God” refers to, for the Member:

    1) A medical prohibition to travel issued for the Member by a physician following:

    • an aggravation of the preexisting medical condition, pathology, illness and/or injury at the origin of the Member’s desire to benefit from INDIGOMED’s Services, where the aggravation makes all travel impossible
    • an accident, illness or pathology and/or new injury, i.e. one not existing or not diagnosed at the time of INDIGOMED’s Elective Treatment approval, orin the event of death of the Member;

    2) in the event of the a death of an close family relative of the Member, where the death occurs within one week of the admission date. A close family relative is defined as: mother, father, spouse, child, brother, sister, grandparent, great grandparent, grandchild or great grandchild.

    The refund of the Reservation and Management Fees or the admission date change require verification of the medical and/or death certificate by INDIGOMED prior to any refund being processed. The Member must email a copy of the medical and/or death certificate as an attachment to support@INDIGOMED.NET, including the information below in their message:

    Subject Line: Medical / Death Certificate, Personal Identification Number

    Body of the email: Member Name, details of the proposal (i.e. HCF and admission date), details of the family relationship and details of the request (i.e. refund or change of admission date).

    13.11 Admission Guarantee Period for Members accessing elective treatments

    INDIGOMED and all HCFs belonging to the INDIGOMED network understand the importance of respecting the admission date and guarantee Members’ access to the chosen HCFs for validated elective treatments.

    Nevertheless, HCFs are structured where the forecast of available places changes every hour. To guarantee Members accessing HCFs for elective treatment and arriving at the HCF for admission, INDIGOMED offer the Admission Guarantee Period to all INDIGOMED Members, this guarantee being free of charge: from the admission date, and under the condition of Members arriving at the chosen HCFs on the admission date, if (and only if) the chosen HCF cannot proceed to admission for any reason, the HCF guarantees to Members and one companion, free joint accommodation (one room) for a maximum period of two (2) days from the admission date.

    14. CUSTOMS FORMALITIES AND TRAVEL DOCUMENTS

    Insofar as the Elective Treatment Proposals require the Member and, if applicable, their possible companions, to travel to a country other than the country of domicile, the Member and any possible companions are required to carry out all the administrative formalities necessary to obtain, in good time, all visas and/or authorizations and/or accreditations required to benefit from the chosen HCF validated in the Elective Treatment Proposal. INDIGOMED can take in charge, if mandated by the Member and upon Handling Charges validated and paid by the Member, the completion of those formalities.

    INDIGOMED cannot guarantee the outcome of these procedures.

    All administrative authorizations obtained must be valid for a minimum period of six (6) months after the admission date. INDIGOMED will facilitate the obtaining of travel documents by communicating with the Member any useful information regarding the purpose of the trip and the care to be given, while respecting medical privilege.

    In the event the Member and, if applicable, their possible companions, does not have the above mentioned travel documents in their possession on the Member’s scheduled date of departure, and the Member cannot be present on the validated admission date at the chosen HCF, the HCF will cancel the elective treatment for reasons attributable to the Member, and 100% of the Reservation and Management Fees paid by the Member will remain in the INDIGOMED’s possession without the Member being able to claim any reimbursement or compensation of any kind whatsoever. Moreover, the Handling Charges paid to INDIGOMED for customs formalities and travel documents are not reimbursed by INDIGOMED.

    15. REPRESENTING THE MEMBER

    At the time of validation of the Admission Letter, INDIGOMED requests that the Member give the name of a responsible person who should be consulted in case the Member is not capable of making his or her own decisions and to receive the information necessary for this purpose (art. L 1111-6 of the French Public Health Code).

    INDIGOMED considers this designation valid for the complete term of process of the elective treatment. At the time of admission, a specific validation request must be confirmed by the Member at the HCF. The Member can also change the name of this responsible person by their own volition at any time.

    INDIGOMED recommends that the Member choose a responsible person who can access financial means in the name of and on behalf of the Member.

    16. DAMAGES TO HEALTH CARE FACILITY (HCF)

    Members are responsible for their own acts and omissions and are also responsible for the acts and omissions of any individuals whom they invite to, or otherwise provide access to, the HCF. In the event that an HCF claims otherwise and provides evidence of damage, including but not limited to HCF equipment and staff, Members agree to pay the cost of the damaged items. After being notified of the claim and given forty-eight (48) hours to respond, the payment will be charged to and taken from the credit card on file in the Member’s account. INDIGOMED also reserves the right to charge the credit card on file in the Member’s INDIGOMED Account, or otherwise collect payment from Members and pursue any avenues available to INDIGOMED in this regard, including using security deposits, in situations in which Members have been determined, in INDIGOMED’s sole discretion, to have damaged INDIGOMED equipment and/or facilities. If INDIGOMED is unable to charge the credit card on file or otherwise collect payment from Members, Members agree to remit payment for any damage to the HCF cashier.

    Both Members and HCFs agree to cooperate with and assist INDIGOMED in good faith, and to provide INDIGOMED with such information and take such actions as may be reasonably requested by INDIGOMED, in connection with any complaints or claims made by the HCF relating to Members’ behavior or any personal or other property located at HCF or with respect to any investigation undertaken by INDIGOMED or a representative of INDIGOMED regarding use or abuse of the Site or the Services.

    17. USER'S AND MEMBER'S CONDUCT

    Users and Members understand and agree that they are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to their use of the Site, Services and Content. In connection with their use of the INDIGOMED Site and Services, they may not and they agree that they will not:

    • violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and tax regulations
    • use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Services or Content
    • use the Site or Services for any commercial or other purposes that are not expressly permitted by these Terms
    • copy, store or otherwise access any information contained on the Site, Services or Content for purposes not expressly permitted by these Terms
    • infringe the rights of any person or entity, including, without limitation, their intellectual property, privacy, publicity or contractual rights
    • interfere with or damage the INDIGOMED Site or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology
    • use the Site and Services to find an HCF treating a Member’s Condition and then complete an admission transaction independent of the Site or Services in order to circumvent the obligation to pay any service fees related to INDIGOMED’s provision of the Services
    • post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation, or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances
    • systematically retrieve data or other content from the INDIGOMED Site or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise.

    INDIGOMED will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. INDIGOMED may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. Users acknowledge that INDIGOMED has no obligation to monitor their access to or use of the Site, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating the Site and Services, to ensure Members’ compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. INDIGOMED reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that INDIGOMED, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services.

    18. LIABILITY

    Members must read carefully the General Limitation of Liability above.

    INDIGOMED is responsible for the verification of the authorization, registration on official lists and professional associations of the HCFs and the medical specialists working for the HCFs listed on INDIGOMED, as well as verification that the practitioners have the obligatory insurance coverage for carrying out the activities they offer. The authorization, insurances and registration must be compliant with the law of the country where the HCFs are located and the practitioners operate.

    Furthermore, Members expressly acknowledge that the medical care services and associated treatments involve significant risk and uncertainty inherent to their nature: no guarantee of recovery can be enforceable against INDIGOMED, or the HCFs and/or specialists listed on INDIGOMED.

    INDIGOMED will verify that the selected HCFs, as well as the specialists belonging and acting in the HCFs, are committed to undertaking and providing the best care to INDIGOMED Members, while respecting good practices, and providing them with the fastest and most relevant Services for their situation, without in any way being bound by an obligation of results.

    Therefore, INDIGOMED shall do its best to organize and coordinate the various services provided under the Terms herein, but cannot be held liable for any damage incurred by the Members originating, in particular, from a failure, for any reason whatsoever, of the treatment provided by the chosen HCF and/or specialists under the terms of the contract, which ultimately remains the responsibility of said facilities and/or specialists.

    In case of a serious fault in carrying out the treatments, the HCFs and/or specialists that carried out these treatments will be liable, if applicable, and it is exclusively with them that the Members must seek a possible remedy.

    19. TERMINATION

    INDIGOMED may terminate and/or suspend a Member’s registration immediately, without notice, if there has been a violation of these Terms of Use or other Policies and Terms posted on the Site by the Member or by someone using their credentials. INDIGOMED may also cancel or suspend a Member’s registration for any other reason, including inactivity for an extended period, but will attempt to notify the Member in advance of such a cancellation or suspension. INDIGOMED shall not be liable to the Member or any third party for any termination of their access to the Site and/or the Services. Further, Members agree not to attempt to use the Site and/or the Services after any such deletion, deactivation or termination.

    20. INDEMNIFICATION

    Upon request by INDIGOMED, Members agree to defend, indemnify, and hold harmless INDIGOMED, INDIGOMED employees, contractors, officers, directors, agents, parent or other affiliated companies, and suppliers, from all liabilities, claims, demands and expenses, including attorney’s fees, made by any third party, that arise from or are related to (a) Members’ access to the Site, (b) Members’ use of the Services, or (c) the violation of these Terms of Use by Members or any third party using their credentials of any intellectual property or other right of any person or entity. The foregoing indemnification obligation does not apply to liabilities, claims and expenses arising as a result of INDIGOMED’s own gross negligence or intentional misconduct.

    21. ENTIRE AGREEMENT

    These Global Terms and Conditions and any supplemental terms, policies, rules and guidelines posted on the Site, including the Privacy Policy below, constitute the entire agreement between Users, Members and INDIGOMED, and supersede all previous written or oral agreements. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of INDIGOMED to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

    22. CHOICE OF LAW AND DISPUTE RESOLUTION

    These Terms of Use shall be deemed to have been entered into and shall be construed and enforced in accordance with the laws of France as applied to contracts made and to be performed entirely within the French Laws. Any controversy, dispute or claim arising out of or related to these Terms of Use or Members’ use of the Services shall be settled by final and binding arbitration to be conducted by an arbitration tribunal in Paris, France, pursuant to the rules of the French Association of Domestic and International Arbitration (http://www.afa-arbitrage.com). The arbitration tribunal shall consist of one arbitrator. The decision or award of the arbitrator shall be final, and judgment upon such decision or award may be entered in any competent court or application may be made to any competent court for judicial acceptance of such decision or award and an order of enforcement. The parties agree that the arbitrator shall have the authority to impose equitable and injunctive relief as well as to award monetary relief, as the arbitrator deems appropriate.

    23. ASSIGNMENT

    INDIGOMED may assign this contract at any time to any parent, subsidiary, or affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. INDIGOMED will post a notice on the Site regarding any change of ownership so that Members have the opportunity to discontinue their use of the Site or cancel their registration if they do not wish to continue to use the Site and the Services under the new ownership. Members may not assign, transfer or sublicense these Terms of Use to anyone else, and any attempt to do so in violation of this section shall be null and void.

    24. CONTACTING

    INDIGOMED Users who have any questions about these Terms should contact INDIGOMED at terms@INDIGOMED.NET.