1.Definitions

In these general terms & conditions, the following terms will mean as follows:

Absence: non-appearance or absence at appointments.

Client: the patient and/or the client, as the case may be.

Throughout this general terms & conditions we’ll refer to our company and websites and other products and services collectively as “Epione Medical Care Facilities VBA d.b.a. Medcare Clinic.”

This general terms & conditions applies to information that we collect about you when you use our website.

Treatment: all medical treatments offered by Epione Medical Care Facilities VBA d.b.a. Medcare Clinic.

Treatment agreement: all agreements concluded by Epione Medical Care Facilities VBA d.b.a. Medcare Clinic with a client concerning treatment.

2.Applicability general terms and conditions

These general terms and conditions apply to all treatments, treatment agreements and any other relationships between the client and Epione Medical Care Facilities VBA d.b.a. Medcare Clinic, its doctors or any third parties engaged by Epione Medical Care Facilities VBA d.b.a. Medcare Clinic in the provision of treatments. The client waives the applicability of his general terms and conditions. Any deviation from these general terms and conditions is only applicable if Epione Medical Care Facilities VBA d.b.a. Medcare Clinic has explicitly agreed to this in writing.

3.Party to treatment agreement

All treatment agreements are deemed to be entered into by Epione Medical Care Facilities VBA d.b.a. Medcare Clinic as such. Epione Medical Care Facilities VBA d.b.a. Medcare Clinic’s owners, managing directors, the individual doctors, employees and any third parties engaged by Epione Medical Care Facilities VBA d.b.a. Medcare Clinic, shall not be considered as performing the treatment personally, nor can they be held personally liable in respect of such treatment. Any claim for damages against natural persons, employees or directors of Epione Medical Care Facilities VBA d.b.a. Medcare Clinic is excluded.

4.Execution of treatment agreement

In the performance of treatments Epione Medical Care Facilities VBA has an obligation of effort (inspannings verbintenis) and not an obligation of result (resultaats verbintenis). Epione Medical Care Facilities VBA has an effort obligation to perform the treatment to the best of its knowledge and ability, but assumes no obligation to deliver a specific result or outcome. No guarantee is provided in respect of results or undisturbed course of treatment or outcome. Complications may arise, including infection, hemorrhaging, loss of tissue and numb skin. Additional treatment may be necessary and may incur additional costs. 

Every package is personal and need to be purchased before arrival in Aruba. It is not possible to swap between persons. The package is only valid during the stay in Aruba and the amount of days the person has bought. This means if a person arrives on the 1st of December 2022 and he purchases 5 days of membership. The 1st of December 2022 till the 5th of December 2022 is covered with our membership. Before or after these days are not covered. 

All packages and services include primary healthcare (telehealth, Chatcare, in-clinic consultation, prescription). An additional fee will occure for an in-house visit. Medication, lab testing, x-rays, CT SCAN, MRI, etc), dentistry, specialists, coordination of transfers to hospitals or private clinics, medical supervision, airport transfers, among others is not included in the service. The costs for these services will be for the client itself. 

An appointment must always be made through chat on one of our websites (MedCare.aw, OnlineDoctorAruba.com, Aeson-Health.com, Aeson-Inc.com, Aeson-Academy.com, Aeson-Membership.com). A walk-in is not possible.

Epione Medical Care Facilities VBA has the right to have certain work performed by third parties. Epione Medical Care Facilities VBA does not have to obtain permission from the client for this.

5.Confidentiality

Except as provided otherwise by client’s consent, Epione Medical Care Facilities VBA d.b.a. Medcare Clinic is obliged to maintain confidentiality vis-à-vis third parties who are not involved in the performance of the treatment. This duty of confidentiality concerns all information of a confidential nature made available by the client to Epione Medical Care Facilities VBA d.b.a. Medcare Clinic. The duty of confidentiality does not apply if there is an obligation under the law to disclose certain information. Epione Medical Care Facilities VBA d.b.a. Medcare Clinic is entitled to use all information for statistical purposes and Epione Medical Care Facilities VBA d.b.a. Medcare Clinic will thereby ensure that the information cannot be traced back to the individual client.

6.Personal property

Epione Medical Care Facilities VBA d.b.a. Medcare Clinic is not liable for damage to or loss of the client personal property. The client must exercise the necessary care to prevent damage to or loss of his property.

7.Cancellation, absence or missing of appointments

Our cancellation policy is as follows: We ask that all cancellations are made at least 4 hours in advance. If a cancellation is made within 4 hours, a 100% cancellation fee will be applied. In cases of no-show, a 100% cancellation fee will be applied. We appreciate your understanding and cooperation.

Surgical procedures can be canceled without financial consequences at least 7 working days in advance, thereby not counting the day of cancellation and the day of the surgical procedure.

When cancelling surgical procedures within such 7 working days, 50% of the total amount will be charged, provided the cancellation occurs at least 2 business days in advance, thereby not counting the day of cancellation and the day of the surgical procedure.

When canceling surgical procedures under such 2 business days in advance or in the event of absence at an appointment for a surgical procedure, 100% will be charged. In all cases, subject to proof to the contrary, Epione Medical Care Facilities VBA d.b.a. Medcare Clinic’s administration serves as final and conclusive evidence of the existence of an appointment.

8.Provision of information

The client is responsible for providing the doctor, to the best of the client’s knowledge, with the all such information and cooperation reasonably required for the proper execution of the treatment agreement.

9.Identification and authentication

The client must present a valid identification document at Epione Medical Care Facilities VBA d.b.a. Medcare Clinic’s first request. Epione Medical Care Facilities VBA d.b.a. Medcare Clinic may also require authentication of the client identity in connection with telephone calls in which personal information may be requested. The client failure to identify himself or to satisfy Epione Medical Care Facilities VBA d.b.a. Medcare Clinic’s authentication requirements, may result in refusal or suspension of treatment or provision of information by Epione Medical Care Facilities VBA d.b.a. Medcare Clinic.

10.Cancellation or suspension of treatment agreement

Epione Medical Care Facilities VBA d.b.a. Medcare Clinic reserves the right to refuse, suspend or terminate a treatment agreement in the event of improper client behavior towards Epione Medical Care Facilities VBA d.b.a. Medcare Clinic, its doctors, employees or other clients.

11.Payment terms

Full payment is required immediately following consultation.

12.Fee changes

Epione Medical Care Facilities VBA d.b.a. Medcare Clinic reserves the right to change its fees without further notice. The new fees will be announced at Epione Medical Care Facilities VBA d.b.a. Medcare Clinic’s office and are applicable as of such announcement.

Quoted fees remain valid for the duration mentioned in the quotation, which duration will, in any case, not exceed 30 days.

14.Handling complaints

For our complaints procedure we refer you to our website: medcare.aw

15.Information

It is not permitted to use any information, communications, statements or expressions of Epione Medical Care Facilities VBA d.b.a. Medcare Clinic, regardless of form and medium (e.g. written, verbal, website, social media, text messages, printed matter), for any other than their intended purposes without the prior written consent of Epione Medical Care Facilities VBA d.b.a. Medcare Clinic.

Although Epione Medical Care Facilities VBA d.b.a. Medcare Clinic strives for its website to display correct information at all times, errors and imperfections cannot be excluded. No rights can be derived from information displayed on Epione Medical Care Facilities VBA d.b.a. Medcare Clinic’s website. Erroneous information can be reported to Epione Medical Care Facilities VBA d.b.a. Medcare Clinic via contact@medcare-aruba.com

16.Applicable law / Jurisdiction

All relationships between Epione Medical Care Facilities VBA d.b.a. Medcare Clinic and its clients, as well as those who make use of Epione Medical Care Facilities VBA d.b.a. Medcare Clinic’s services, are exclusively governed by the laws of Aruba. Disputes arising out of or in connection with this relationship shall be resolved exclusively by the competent courts of Aruba.

17.Changes to general terms and conditions

Epione Medical Care Facilities VBA d.b.a. Medcare Clinic reserves the right to modify these General Terms and Conditions and the information stated on the website at any time. A copy of the prevailing text of Epione Medical Care Facilities VBA d.b.a. Medcare Clinic’s General Terms & Conditions is filed with the Court of First Instance of Aruba and will be provided to the client by Epione Medical Care Facilities VBA d.b.a. Medcare Clinic, upon the client’s first request.

These General Terms & Conditions are effective as of November 2022

18. Electronic communication

By using this website or communicating with us by electronic means, you agree and acknowledge that we may communicate with you electronically on our website or by sending an email to you, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement, including but not limited to the requirement that such communications should be in writing.

19. Intellectual property

We or our licensors own and control all of the copyright and other intellectual property rights in the website and the data, information, and other resources displayed by or accessible within the website.

20. All the rights are reserved

Unless specific content dictates otherwise, you are not granted a license or any other right under Copyright, Trademark, Patent, or other Intellectual Property Rights. This means that you will not use, copy, reproduce, perform, display, distribute, embed into any electronic medium, alter, reverse engineer, decompile, transfer, download, transmit, monetize, sell, market, or commercialize any resources on this website in any form, without our prior written permission, except and only insofar as otherwise stipulated in regulations of mandatory law (such as the right to quote).

21. Newsletter

Notwithstanding the foregoing, you may forward our newsletter in the electronic form to others who may be interested in visiting our website.

22. Third-party property

Our website may include hyperlinks or other references to other party’s websites. We do not monitor or review the content of other party’s websites which are linked to from this website. Products or services offered by other websites shall be subject to the applicable Terms and Conditions of those third parties. Opinions expressed or material appearing on those websites are not necessarily shared or endorsed by us.

We will not be responsible for any privacy practices or content of these sites. You bear all risks associated with the use of these websites and any related third-party services. We will not accept any responsibility for any loss or damage in whatever manner, however caused, resulting from your disclosure to third parties of personal information.

23. Responsible use

By visiting our website, you agree to use it only for the purposes intended and as permitted by these Terms, any additional contracts with us, and applicable laws, regulations, and generally accepted online practices and industry guidelines. You must not use our website or services to use, publish or distribute any material which consists of (or is linked to) malicious computer software; use data collected from our website for any direct marketing activity, or conduct any systematic or automated data collection activities on or in relation to our website.

Engaging in any activity that causes, or may cause, damage to the website or that interferes with the performance, availability, or accessibility of the website is strictly prohibited.

24. Registration

You may register for an account with our website. During this process, you may be required to choose a password. You are responsible for maintaining the confidentiality of passwords and account information and agree not to share your passwords, account information, or secured access to our website or services with any other person. You must not allow any other person to use your account to access the website because you are responsible for all activities that occur through the use of your passwords or accounts. You must notify us immediately if you become aware of any disclosure of your password.

After account termination, you will not attempt to register a new account without our permission.

25. Refund and Return policy

25.1 Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period will expire after 14 days from the day of the conclusion of the contract.

To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement (for example a letter sent by post, fax, or email). Our contact details can be found below. You may use the attached model withdrawal form, but it is not obligatory.

If you use this option, we will communicate to you an acknowledgement of receipt of such a withdrawal on a durable medium (for example by email) without delay.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

25.2 Effects of withdrawal

If you withdraw from this contract, we shall reimburse you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated to us your withdrawal from this contract, in comparison with the full coverage of the contract.

Please note that there are some legal exceptions to the right to withdraw, and some items can therefore not be returned or exchanged.  We will let you know if this applies in your particular case.

26. Idea submission

Do not submit any ideas, inventions, works of authorship, or other information that can be considered your own intellectual property that you would like to present to us unless we have first signed an agreement regarding the intellectual property or a non-disclosure agreement. If you disclose it to us absent such written agreement, you grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media.

27. Termination of use

We may, in our sole discretion, at any time modify or discontinue access to, temporarily or permanently, the website or any Service thereon. You agree that we will not be liable to you or any third party for any such modification, suspension or discontinuance of your access to, or use of, the website or any content that you may have shared on the website. You will not be entitled to any compensation or other payment, even if certain features, settings, and/or any Content you have contributed or have come to rely on, are permanently lost. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

27. Warranties and liability

Epione Medical Care Facilities VBA d.b.a. Medcare Clinic’s liability, both for direct and consequential damage and insofar as it is covered by its liability insurance, is limited to the amount paid out by the insurer. If the insurer does not pay out or the damage is not covered by Epione Medical Care Facilities VBA d.b.a. Medcare Clinic’s insurance, Epione Medical Care Facilities VBA d.b.a. Medcare Clinic’s liability will be limited to an amount equal to the amount invoiced to the client. Any liability for damage suffered by the client in connection with the exercise of a profession or business (including damage for missed workdays or work hours, lost or deprived profits or revenue) is excluded. All rights of action, claims and other powers of whatever nature vis-à-vis Epione Medical Care Facilities VBA d.b.a. Medcare Clinic related to any treatment provided by Epione Medical Care Facilities VBA d.b.a. Medcare Clinic, shall expire in any event one year after the moment on which the client is aware or could reasonably be aware of the existence of these rights, claims and powers.

Nothing in this section will limit or exclude any warranty implied by law that it would be unlawful to limit or to exclude. This website and all content on the website are provided on an “as is” and “as available” basis and may include inaccuracies or typographical errors. We expressly disclaim all warranties of any kind, whether express or implied, as to the availability, accuracy, or completeness of the Content. We make no warranty that:

• this website or our products or services will meet your requirements;
• this website will be available on an uninterrupted, timely, secure, or error-free basis;
• the quality of any product or service purchased or obtained by you through this website will meet your expectations.

The following provisions of this section will apply to the maximum extent permitted by applicable law and will not limit or exclude our liability in respect of any matter which it would be unlawful or illegal for us to limit or to exclude our liability. In no event will we be liable for any direct or indirect damages (including any damages for loss of profits or revenue, loss or corruption of data, software or database, or loss of or harm to property or data) incurred by you or any third party, arising from your access to, or use of, our website.

28. Privacy

To access our website and/or services, you may be required to provide certain information about yourself as part of the registration process. You agree that any information you provide will always be accurate, correct, and up to date.

We take your personal data seriously and are committed to protecting your privacy. We will not use your email address for unsolicited mail. Any emails sent by us to you will only be in connection with the provision of agreed products or services.

We have developed a policy to address any privacy concerns you may have. For more information, please see our Privacy Statement and our Cookie Policy.

29. Accessibility

We are committed to making the content we provide accessible to individuals with disabilities. If you have a disability and are unable to access any portion of our website due to your disability, we ask you to give us a notice including a detailed description of the issue you encountered. If the issue is readily identifiable and resolvable in accordance with industry-standard information technology tools and techniques we will promptly resolve it.

30. Export restrictions / Legal compliance

Access to the website from territories or countries where the Content or purchase of the products or Services sold on the website is illegal is prohibited. You may not use this website in violation of export laws and regulations of The Netherlands.

31. Affiliate marketing

Through this Website we may engage in affiliate marketing whereby we receive a percentage of or a commission on the sale of services or products on or through this website. We may also accept sponsorships or other forms of advertising compensation from businesses. This disclosure is intended to comply with legal requirements on marketing and advertising which may apply, such as the US Federal Trade Commission Rules.

32. Assignment

You may not assign, transfer or sub-contract any of your rights and/or obligations under these Terms and conditions, in whole or in part, to any third party without our prior written consent. Any purported assignment in violation of this Section will be null and void.

33. Breaches of these Terms and conditions

Without prejudice to our other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, we may take such action as we deem appropriate to deal with the breach, including temporarily or permanently suspending your access to the website, contacting your internet service provider to request that they block your access to the website, and/or commence legal action against you.

34. Force majeure

Except for obligations to pay money hereunder, no delay, failure or omission by either party to carry out or observe any of its obligations hereunder will be deemed to be a breach of these Terms and conditions if and for as long as such delay, failure or omission arises from any cause beyond the reasonable control of that party.

35. Indemnification

You agree to indemnify, defend and hold us harmless, from and against any and all claims, liabilities, damages, losses and expenses, relating to your violation of these Terms and conditions, and applicable laws, including intellectual property rights and privacy rights. You will promptly reimburse us for our damages, losses, costs and expenses relating to or arising out of such claims.

36. Waiver

Failure to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision.

37. Language

These Terms and Conditions will be interpreted and construed exclusively in English. All notices and correspondence will be written exclusively in that language.

38. Entire agreement

These Terms and Conditions, together with our privacy statement and cookie policy, constitute the entire agreement between you and Epione Medical Care Facilities VBA d.b.a. Medcare Clinic  in relation to your use of this website.

38. Updating of these Terms and conditions

We may update these Terms and Conditions from time to time. It is your obligation to periodically check these Terms and Conditions for changes or updates. The date provided at the beginning of these Terms and Conditions is the latest revision date. Changes to these Terms and Conditions will become effective upon such changes being posted to this website. Your continued use of this website following the posting of changes or updates will be considered notice of your acceptance to abide by and be bound by these Terms and Conditions.

39. Choice of Law and Jurisdiction

These Terms and Conditions shall be governed by the laws Aruba. Any disputes relating to these Terms and Conditions shall be subject to the jurisdiction of the courts of The Netherlands. If any part or provision of these Terms and Conditions is found by a court or other authority to be invalid and/or unenforceable under applicable law, such part or provision will be modified, deleted and/or enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions. The other provisions will not be affected.

Translation

Our Terms & Conditions were originally written in English (US). We may translate it into other languages.

In the event of a conflict between a translated version of our Terms & Conditions  and the English version, the English version will control.

Contact details

Epione Medical Care Facilities VBA d.b.a. Medcare Clinic

Avicenastraat 16, Oranjestad

Aruba

contact@medcare-aruba.com