Terms Of Usage
GENERAL TERMS AND CONDITIONS FOR THE USE OF CANCERFAX.COM
Latest Update: 1st of April, 2021
Welcome to the website of CANCERFAX.COM, 3-A, Srabani Apartments, Iter Panja, Fartabad, Garia, South 24 Parganas, West Bengal PIN – 700084, India (“CANCERFAX.COM”), and thank you for using CANCERFAX.COM’s services (“Services”).
By using CANCERFAX.COM’s Services, you as the user (“User”) are agreeing to these General Terms and Conditions (the “Terms”). Please read them carefully.
Some of our Services are subject to additional terms. Additional terms will be available with the relevant Services and those additional terms become part of your agreement with CANCERFAX.COM if you use those Services.
1.1 CANCERFAX.COM is a service platform which purpose is the provision of a marketplace for medical service providers including but not limited to hospitals and clinics (“Providers”)
1.2 CANCERFAX.COM provides additional services to the User, each at an individual cost, including but not limited to case management, transfers, on-site medical interpreter, remote second opinion, organization of visa and accommodation of companion.
1.3 CANCERFAX.COM does not refer the User or other patients to specific Providers but only provides information about Providers based on the User’s needs, i.e. time frame of availability, geographic area, medical needs, etc. Thus, the User will not be allocated to any Provider but will instead be provided with a list of Providers (including the name, address, specialization, etc.) of which the User can choose one and book an appointment with.
1.4 CANCERFAX.COM discloses details and information on Providers based on data, either provided by the Providers or collected and curated from online and offline information from a variety of sources. Although CANCERFAX.COM uses reasonable skill and care in performing the Services it will not verify if, and cannot guarantee that, all information provided is accurate, complete or correct, nor can CANCERFAX.COM be held responsible for any errors (including manifest and typographical errors), inaccurate, misleading or untrue information provided by the Providers or non-delivery of information by the Providers. The website does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level or qualification of any Provider.
1.5 CANCERFAX.COM channels and thereby facilitates the communication between the User and Providers. In particular, CANCERFAX.COM provides different forms the User may use in order to enquire about the Provider’s medical services. Should the User and the Provider decide to conclude a contract, CANCERFAX.COM is not involved in the contractual relationship between the User and the Provider and also in no way influences the conclusion or the content of the contract. CANCERFAX.COM does not assume any rights, obligations or liabilities vis-a-vis the User out of a contract concluded between a Provider (or another third party) and the User.
1.6 CANCERFAX.COM does not provide medical services itself. The information provided on CANCERFAX.COM’s website including the information provided by the Providers and other third parties cannot replace a medical consultation or a medical examination and shall not be used to independently decide whether to commence or terminate a medical treatment.
2.2 CANCERFAX.COM Services are free for the User. The User can, however, solicit additional personal or logistical support or order other additional services for an extra charge. Before ordering a Service for which a charge applies, the exact charge amount will be displayed at the checkout page. The User will be able to review and correct the order data before clicking the button “buy service”.
2.4 With the placement of an order, the User does submit a binding offer to CANCERFAX.COM for the conclusion of a contract concerning the requested Service. The User will then receive an automatic confirmation email regarding the receipt of the electronic order which does not, however, constitute the binding acceptance of the order.
2.5 The User may request to remove their submitted personal, specific personal and medical data from CANCERFAX.COM databases at any time by sending an email to firstname.lastname@example.org. In compliance with the Privacy Policies, CANCERFAX.COM will delete or block the personal data and specific personal data of the User as soon as the User has requested to do so. However, for the purpose of being able to trace and document the history of inquiries of the User or Providers in the event of any legal disputes related to Providers contacted by the User via CANCERFAX.COM’s platform, CANCERFAX.COM will keep the first and the last name of the User and his or her email address. CANCERFAX.COM will not use this data for any other than the aforementioned reason, in particular not for any promotional purposes, after such a request from the User.
2.6 Any User who is a consumer shall be entitled to withdraw from the contract in accordance with Section 15.
3.1 CANCERFAX.COM also provides Additional Services that the User can purchase in order to streamline their medical trip organization. Each service has a different cost and will be informed by CANCERFAX.COM once the User selects these services from the Pricing section on the website. CANCERFAX.COM reserves the right to update the prices for Additional Services at its discretion and will display these prices in the general Pricing section of the Additional Services list.
3.2 The Additional Services may include but are not limited to the following:
3.3 The prices of the Additional Services are listed under the Pricing section through the following links: “Our Services” > “Pricing”. Should the User choose to purchase those Additional Services, the following provisions apply:
CANCERFAX.COM will either
(a) Purchase the respective Travel Service(s) on behalf of the User directly from the provider of the Travel Services or an intermediary (“Travel Service Provider”); this option requires advance payments by the User to CANCERFAX.COM which CANCERFAX.COM will use to pay the Travel Service Provider; or
(b) Send the User a link enabling him or her to purchase the respective Travel Service(s) directly from the Travel Service Provider him- or herself at User’s cost.
3.4 CANCERFAX.COM will not provide the respective Travel Services itself but only assists the User in booking the respective Travel Services carried out by the Travel Service Provider. Thus, the respective agreement will only be concluded between the User and the Travel Service Provider and any declarations, queries or claims regarding the Travel Service(s) should be addressed directly towards the Travel Service Provider.
3.5 By making a booking with a Travel Service Provider (either directly or through CANCERFAX.COM as User’s agent), the User accepts and agrees to the relevant terms and conditions of the Travel Service Provider (inter alia, the Travel Service Provider’s cancellation and refund policies). Should CANCERFAX.COM purchase the Travel Service(s) on behalf the User (Section (a)), the terms and conditions of the Travel Service Provider are made available by CANCERFAX.COM via the Terms & Conditions in the purchase page. Should the User wish to review, adjust or cancel the Travel Service once the booking is made, he or she should revert to CANCERFAX.COM at email@example.com and follow the instructions from there.
4.1 CANCERFAX.COM provides Second opinion services upon request submitted by the User.
A second opinion is an evaluation of User’s current and past condition(s), medical history, diagnosis, and treatment plan by a medical specialist. It is not a substitute for primary care. The service provided through the portal varies by condition of the User. The User should have obtained primary care from a local medical professional before using CANCERFAX.COM Second Opinion.
4.2 The User agrees and accept that: (i) the diagnosis received is limited and provisional; (ii) the second opinion is not intended to replace a full medical evaluation or an in-person visit with a physician; (iii) the medical professionals providing services through this portal do not have important information that is usually obtained through a physical examination; and (iv) the absence of a physical examination may affect the medical professional’s ability to diagnose your condition, disease or injury.
4.3 The User can choose to see the second opinion physician in person upon their availability if the medical case cannot be judged remotely even by obtaining all the necessary medical records.
4.4 The purpose of the service provided by CANCERFAX.COM’s Second Opinion is to give the User access to additional information and medical evaluation via Doctors in CANCERFAX.COM’s network of Providers. A Second Opinion ranges to all major medical specialties in CANCERFAX.COM’s website, including but not limited to general surgery, cardiology, oncology, neurology, orthopedics, dentistry, ophthalmology, and gynecology. In the case that CANCERFAX.COM does not have the right specialist in the Provider’s network, the User agrees that CANCERFAX.COM contact third parties outside of CANCERFAX.COM’s network of Providers.
4.5 By requesting any service through the portal, the User authorizes CANCERFAX.COM to collect the User’s medical records, store those records, and transmit them to the physician or physician’s appropriate for the User’s case. The User agrees that the Second Opinion will not be used in any legal dispute including but not limited to litigation, arbitration, claim for disability benefits, claim for worker’s compensation and/or malpractice claims. The User can provide medical records on behalf of a third party, by prior notification to CANCERFAX.COM that (i) the third party is a family member of the User, (ii) the User has prior consent from the third party to represent him and (iii) the third party is not able to send a request via the portal by him/herself.
4.6 The information provided to CANCERFAX.COM including the information provided by the Providers and other third parties cannot replace a medical consultation or a medical examination. The information shall not be used to independently decide whether to commence or terminate a medical treatment.
4.7 The User shall provide CANCERFAX.COM current and accurate identification, contact and other information to verify User’s identity and eligibility. The User is responsible for maintaining the accuracy and completeness of this information, and certifies that the information provided is true and accurate.
4.8 The User agrees that CANCERFAX.COM may at any time review the User’s medical records from prior to and after your interaction with the portal, and any records created as a result of services received. CANCERFAX.COM may request additional medical records, including records pertaining to care the User received after receiving the services. CANCERFAX.COM may review these records to better understand the course of treatment for User’s condition(s) including information regarding outcomes and costs, and to improve treatments and recommendations.
4.9 Upon the reception of the complete and accurate documentation, CANCERFAX.COM will gather the User’s medical records and will create a Medical Case file. In accordance to the information provided, CANCERFAX.COM will match the User’s Medical Case file with up to 3 different Doctors in CANCERFAX.COM’s network of Providers, according to the specialty which the User diagnosis falls under. The User can choose which physician will provide the User with a second opinion report from the up to 3 Doctors shortlisted by CANCERFAX.COM. CANCERFAX.COM will then collect the complete medical records in accordance to the Doctor’s needs to provide a Second Opinion. CANCERFAX.COM will confirm the User via email once the full Medical Case file is ready to be sent and will forward the information to the Doctor chosen by the User. Within 72 working hours of receiving the complete documentation from the User, the User will receive a Second Opinion report via email with the Doctor’s opinion on the User’s condition(s).
5.1 CANCERFAX.COM processes all payments made through its platform via a third party payment provider.
5.2 In order to secure a booking with a Provider or the time of a treating physician, CANCERFAX.COM may require the User to provide a Credit Card Deposit (“Deposit”) or a Down payment (“Down Payment”), on behalf of the selected Provider. CANCERFAX.COM will process the transaction and will hold it for the Provider in a non-interest-bearing trust account.
5.3 When making an appointment with one of the Providers, the User may be asked to provide his or her credit card for capturing a Deposit. However, CANCERFAX.COM will only authorize the third-party payment provider commissioned for the handling of payments to collect the respective amount from the credit card account the User identified in his or her purchase order, if:
(a) A cancellation fee payable to CANCERFAX.COM applies (Section 6) or
(b) A deposit is required with regard to the respective treatment (Section 5.4).
5.4 Certain treatments or Providers may require a Down Payment to be made by the User. The respective amount and the cancellation policies will be displayed at the checkout page and in the confirmation email.
5.5 CANCERFAX.COM will communicate and charge the respective Down Payment amount to the User and keep the Down Payment in its non-interest-bearing trust account until:
(a) Either the User cancels the treatment (Section 6), or
(b) The Provider has requested the Down Payment from CANCERFAX.COM and the Provider has informed CANCERFAX.COM about the net amount of any prospective invoice issued to a User
5.6 The Down Payment will be refunded for good cause in full if:
(a) A physician determines that the User is not eligible for the treatment (the User should provide CANCERFAX.COM up to two (2) weeks after cancellation, a physician’s certificate stating the User’s non-eligibility to treatment);
(b) A physician determines that the User is not eligible for travel (the User should provide CANCERFAX.COM up to two (2) weeks after cancellation, a physician’s certificate stating the User’s non-eligibility to treatment);
(c) In case of natural catastrophes such as earthquakes or wars or
(d) In case of death (automatic cancellation).
5.7 If the User fails to cancel the appointment and none of the cancellation for good cause policies applies, CANCERFAX.COM will charge a cancellation fee from the respective Down Payment made by the User. The respective cancellation fee will be displayed at the checkout page and in the confirmation email.
6.1 The following cancellation clauses should apply, if the User decides to cancel giving no further explanation to CANCERFAX.COM:
(i) The User may cancel the treatment free of charge at the latest 15 days prior to the appointment.
(ii) 6.2 The User may cancel the treatment free of charge if:
(i) A physician determines that the User is not eligible for the treatment (the User should provide CANCERFAX.COM up to two (2) weeks after cancellation, a physician’s certificate stating the User’s non-eligibility to treatment);
(ii) A physician determines that the User is not eligible for travel (the User should provide CANCERFAX.COM up to two (2) weeks after cancellation a physician’s certificate stating the User’s non-eligibility to travel);
(iii) In case of natural catastrophes such as earthquakes or wars; or
(iv) In case of death (automatic cancellation).
6.3 The User may reschedule the treatment free of charge if:
(i) The User may reschedule the appointment up to three (3) times and up to three (3) days prior to the appointment.
6.4 The User may cancel the Additional Services up to 14 days after the purchase, as long as the Services have not been rendered by the Provider or the CANCERFAX.COM Care Team. When a User wishes to cancel Additional Services provided by a third party provider the Terms and Conditions of the third party provider apply.
6.5 If the User wishes to review, cancel or reschedule his or her appointment, the User should revert to the confirmation email and follow the instructions therein. Notes regarding the cancellation or rescheduling of an appointment should name the full name of the User, the respective Provider, the treatment as well as the date and the time of the treatment and should be submitted by email to: firstname.lastname@example.org.
6.6 Any User who is a Consumer shall be entitled to withdraw from the contract in accordance with Section 12.
7.1 Certain types of forums are set-up on CANCERFAX.COM’s website enabling the User (i) to provide information in order to review the services of Providers and to exchange experiences and opinions with other users, (ii) to evaluate Providers by way of a rating system and (iii) to give recommendations to CANCERFAX.COM, other users or Providers (such forums the “Rating Systems”). These Rating Systems reflect personal perceptions, experiences and assessments of the Users. The User has no right to use or to the flawless functioning of the Rating Systems and CANCERFAX.COM may shut down the Rating Systems at any time or interrupt the service.
7.2 The User shall only rate services of Providers or other third persons that he or she has personally used. The User is prohibited from making any ratings in a user forum provided by CANCERFAX.COM, if they contain untrue facts, are defamatory or if they are not permitted by law (e.g. because they are of an abusive or disparaging nature).
7.3 In the event of a violation of User’s obligation pursuant to Section 8.2, CANCERFAX.COM is entitled to delete the respective ratings and – while taking into account the relevant User’s legitimate interests – to block the User’s account temporarily or permanently.
7.4 The User agrees to the long-term storage and publishing of his or her ratings made in the forums, irrespective of a termination of User’s registration with CANCERFAX.COM.
8.1 The services of CANCERFAX.COM are available to individuals who are 18 years or older. The User is entitled of using CANCERFAX.COM’s Services on behalf of a third person below the age of 18, and shall inform CANCERFAX.COM of any activity performed on behalf of the afford-mentioned third person.
8.2 The User shall only provide true and up to date information to CANCERFAX.COM, Providers or other third persons on this website or in connection with Services rendered by CANCERFAX.COM.
8.3 In the event of a violation of User’s obligation pursuant to Section 9.2, CANCERFAX.COM is entitled to delete the respective information and while taking into account the relevant User’s legitimate interests – to block the User’s account temporarily or permanently.
8.4 Please refer to Section 8.2 with regard to User’s obligations in connection with the Rating Systems.
8.5 If a claim is made by a third person against CANCERFAX.COM due to a culpable violation of User’s obligation pursuant to Sections 8.2 or 9.1, the User is obligated, to indemnify CANCERFAX.COM against third parties’ claims as well as against costs which may be incurred by CANCERFAX.COM as a result of an appropriate legal defence (e.g. court and lawyers’ fees). The right to claim further damage compensation remains unaffected.
9.1 Other than as expressly set out in these Terms or additional terms, CANCERFAX.COM does not make any promises or quality declarations about the Services rendered by it and does not grant any guarantees regarding those Services.
9.2 Unless stated otherwise in Sections 10.3 and 10.4, CANCERFAX.COM is only liable in the event of a deliberate act or gross negligence.
9.3 With regard to claims arising from injury to life, body or health, CANCERFAX.COM is also liable for mere negligence.
9.4 CANCERFAX.COM is also liable for simple negligence if a material contractual duty (so-called Kardinalspflicht) has been breached. Such a material duty, which endangers the performance of the purpose of a contract, is involved if the orderly execution of the contract is only possible by fulfilling the respective duty and if the User may routinely trust that those duties will be fulfilled. The User’s claim for damages in the event of a breach of material duties on the basis of mere negligence is, however, limited to damages that are foreseeable and typical for this type of contract.
9.5 Clauses to 9.4 shall also apply to CANCERFAX.COM’s legal representatives, employees or any other of CANCERFAX.COM’s agents.
10.1 CANCERFAX.COM accepts no liability for the correctness, completion and up-to-dateness of any information provided by Providers or any other third parties on CANCERFAX.COM’s website. As a service Provider, CANCERFAX.COM is, according to Indian IT Act, 2000, only responsible for its own content that is held for use on CANCERFAX.COM’s website. However, CANCERFAX.COM is not obligated to monitor transferred or stored external information or check said information for circumstances that point to unlawful activity. Irrespective of this non-responsibility under the TMG, CANCERFAX.COM’s obligations to remove or block the use of information in accordance with other legal provisions shall remain unaffected.
10.2 CANCERFAX.COM’s website contains cross references (so-called links) to websites belonging to third parties (e.g. Providers, travel agencies or certification bodies) over the content of which CANCERFAX.COM has no influence. The relevant owner or operator of the websites alone is responsible for the content of linked sites. CANCERFAX.COM does not assume any liability for this external content. The linked sites were cursorily checked by CANCERFAX.COM for possible violations of the law when they were first linked to; there was no obvious violation of the law of the content discernible at that time. However, CANCERFAX.COM does not constantly check the external content for changes which could form a new basis for a liability. Nonetheless, CANCERFAX.COM will remove a link to a third-party-website if it becomes apparent that the content of the linked website is unlawful and might result in any liability of CANCERFAX.COM.
11.1 For the Services provided by CANCERFAX.COM, it is necessary to collect, process and use personal data and a special category of personal data within the meaning of the German Federal Data Protection Act (Bundesdatenschutzgesetz), which requires the prior consent of the User. Please refer to CANCERFAX.COM’s Privacy Policies explaining under which circumstances User’s data are collected, processed and used when using CANCERFAX.COM’s Services.
11.2 The User may use this website and the information on it only for the User’s non-commercial, personal purposes.
11.3 All content of CANCERFAX.COM’s website is protected by copyright and intellectual property rights and partially originated from third parties. All intellectual property rights in the website (including text, graphics, software, photographs and other images, videos, sound, trade marks and logos) are owned either by CANCERFAX.COM, the Providers or third parties. When using the Services, the User is not granted with any licenses of CANCERFAX.COM’s intellectual property rights with respect to Services rendered and information provided by CANCERFAX.COM. Any utilisation not permitted by the copyright law requires advance written approval from CANCERFAX.COM. Downloads and copies of content from CANCERFAX.COM’s website are only allowed for private and non-commercial use.
11.4 CANCERFAX.COM is entitled to use the information, inquiries and communications (e.g. to and with Providers) provided by the User or contributions made by the User in forums et cetera for CANCERFAX.COM’s business provided that this use shall comply with the applicable data protection regulations.
12.1 Only CANCERFAX.COM’s Terms shall apply regarding the use of CANCERFAX.COM’s website and its Services by the User. The User’s general terms and conditions or similar regulations are herewith expressly rejected.
12.2 These Terms remain in force until they have been changed or terminated by CANCERFAX.COM. If the User does not consent with these Terms, he or she has immediately to cease the use of the Services and the User is obligated to terminate his or her user account
12.3 CANCERFAX.COM may modify these Terms or any additional terms that apply to specific Services rendered by CANCERFAX.COM. CANCERFAX.COM will make available a notice of modifications to the Terms on this website. CANCERFAX.COM will make available a notice of modified additional terms in the applicable Service. Changes will not apply retrospectively and will become effective not earlier than fourteen (14) days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If the User does not agree to the modified terms for a Service, he or she has to discontinue the use of that Service
12.4 If there is any inconsistency between the Terms and the additional terms valid for specific Services rendered by CANCERFAX.COM, the additional Terms will prevail to the extent of the inconsistency.
12.5 To the extent permitted by law, these Terms and any additional terms for specific Services rendered by CANCERFAX.COM and any disputes arising out or in connection with the respective terms shall be exclusively governed by the laws of Germany (without its choice of law provisions). The United Nations Convention on Contracts for the International Sale of Goods shall not apply.
12.6 Any dispute arising out of these Terms and the Services shall exclusively be submitted to the competent courts in Berlin, Germany. If the mandatory statutory law does not allow this choice of venue, all claims arising out of or relating to these Terms and any additional terms for specific Services rendered by CANCERFAX.COM as well as the Services shall be litigated by the courts pursuant to the statutory law.
12.7 If any provision of these Terms is or becomes invalid, unenforceable or non-binding, the User shall remain bound by all other provisions hereof. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and the User will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these terms and conditions
13.1 Consumers are entitled to withdraw from the contract within a fourteen (14) days period without stating any reason by express declaration (e.g. letter, email). The period commences upon the conclusion of the contract. The consumer may use the “Standard Form Right of Withdrawal”. However, the use of the form is not mandatory. [The consumer may fill out and submit the “Standard Form Right of Withdrawal also electronically. In this case, CANCERFAX.COM will immediately confirm receipt of the withdrawal electronically (e.g. via email).]
Dispatch within this period shall be sufficient to meet the deadline and shall be addressed to:
Address: CANCERFAX.COM , 3-A, Srabani Apartments, Iter Panja, Fartabad, Garia, South 24 Parganas, West Bengal PIN – 700084, India Phone: +91 85829 30884
13.2 In the event of effective withdrawal, CANCERFAX.COM will refund all payments received, including delivery charges (except for additional costs incurring from the consumer’s choice of a different delivery method than CANCERFAX.COM’s standard delivery method), immediately but not later than 14 days from the date CANCERFAX.COM received the consumer’s declaration of withdrawal. Return payments by CANCERFAX.COM will be credited to the credit card the consumer used when ordering the goods unless expressly agreed otherwise. Under no circumstances, CANCERFAX.COM will charge the customer any expenses for the refund.
We are glad that you are using CANCERFAX.COM for your healthcare needs!
CANCERFAX.COM (Desktop site and mobile site “www.cancerfax.com” and its sub-domains, mobile applications and all related application and services) is not a medical practitioner and does not provide any medical advice or consultation. CANCERFAX.COM only provides a medium to connect you with the healthcare provider (doctor and/or hospital). Any advice provided to you by the healthcare provider is their own opinion and we cannot be held responsible for accuracy/correctness of the same.
CANCERFAX.COM should not be used in cases of medical emergencies and CANCERFAX.COM should not be considered in any form to be a substitute for a doctor or a hospital or a treatment.
If you are using CANCERFAX.COM, then these Terms of Usage is applicable to you and you warrant that:
We may modify or terminate any portion of CANCERFAX.COM for any reason, with or without notice and without liability to you or any third party. To keep a track of any such changes, we recommend you to review these Terms of Usage periodically.
This policy is applicable on fees paid through CANCERFAX.COM platforms for Video Consultation, Tele Consultation and In-Person Consultation.
This policy is applicable on money paid through CANCERFAX.COM platforms for Video Consultation, Tele Consultation and In-Person Consultation.
To cancel or claim your refund, write an email to email@example.com or call on +91- 96 1588 1588