Terms & Conditions

In accordance with the new EU Privacy Act (GDPR), using the Site, you agree and consent to the use of cookies.


Cookies are required for the proper functioning of the 2ndMedOpinion.com web site so we can keep the  Products/Services in your shopping cart and execute the order. They also help us understand when you signed in and other settings you've made before.


Cookies help us provide you with advanced features like precise recommendations for products based on prices and categories that you are interested in. Finally, cookies help us show you relevant offers and discounts from our business through our partners.

 

 

By agreeing to use the Services of 2ndMedOpinion.com, you understand and agree that the sole responsibility of 2ndMedOpinion.com will in all cases be limited to direct generic damages that do not exceed the ordered product price paid by you for the Service concerned and that we are not liable to you for any collateral, indirect, incidental, special, consequential or direct damages.


Please read these Terms & Conditions carefully before you start using our Site. By using this Site you indicate that you understand and accept the Terms & Conditions and that you agree to abide by them. If you do not agree with these Terms & Conditions, please do not enter or use this Site or the Services offered by 2ndMedOpinion.com. You agree and acknowledge that the Terms & Conditions may be modified periodically without prior notice. By continuing to use this web site, you agree to be bound by the latest version of the Terms & Conditions.


PLEASE DO NOT USE THE SITE or the Services of 2ndMedOpinion.com for EMERGENCY MEDICAL NEEDS. You agree that in case of emergency medical care, you should immediately contact emergency Services and/or contact your GP or nearest healthcare facility.


1. Access to 2ndMedOpinion.com

In order to use the Services offered by 2ndMedOpinion.com, hereinafter referred to as the "Site", you must register by following the registration procedure specified in the "Registration" section or at checkout. By visiting, accessing or registering on this Site you have unconditionally agreed to be bound by the Terms & Conditions set forth herein. Use of your membership ID or other digital code, user ID, password, or other identifying information in the process of registration should be treated as confidential and should not be disclosed to third parties.


2ndMedOpinion.com has the right to discontinue the Service, refuse access or disable an identification code or password for a user who violates the rules or conditions specified therein without prior notice.


In order to use the Services, you must be eighteen (18) years old. By requesting a Service on our Site you guarantee that you are legally qualified to sign a contract and that you are at least 18 years of age. In the case of minors (less than 18 years of age), a parent or guardian must accept these Terms & Conditions and observe all activities for the offered Services. The parent or guardian takes full responsibility and ensuring that the information provided is accurate and correct. This parent / guardian must provide the necessary authentication to confirm his / her status and be solely responsible to the user for the results of the Service.


You agree that you may receive messages, information about medical and health-related topics, products and/or Services, including links to other related web sites. The information contained in these messages may be collected from different sources and may or may not be created by 2ndMedOpinion.com. Such generic messages are intended solely for educational and informational purposes and should not be relied upon as a substitute for medical diagnosis and treatment or are interpreted directly or indirectly as a medical advise or the provision of medical Services by 2ndMedOpinion.com. These messages does not substitute consultation with a medical specialist for an appropriate medical treatment inside or outside a health care facility.


Terms used in these Terms & Conditions:

• SERVICE - the e-commerce Service, exclusively conducted in the publicly accessible parts of the Site, in terms of enabling the User to use the Services using only electronic means, including other means of remote  communication.

• USER - an individual who has access to or accesses the content through any means of communication (electronic, telephone, etc.) or based on a usage Agreement that requires the creation and use of an account.

• PROFILE - an email address and password that allows a single user to access the 2ndMedOpinion.com Site through which the Service is accessed.

• DOCUMENT - the present general Terms & Conditions.

• Remote contract - in accordance with the definition contained in Ordinance 34 of 04 June 2014 on consumer rights under contracts concluded with traders, as well as amending and supplementing certain regulations, Art. 2 point 7 as set out in Directive 2011/83/EU on consumer rights: any contract concluded between a merchant and a consumer in the framework of an organized sales or Service provision system without the simultaneous physical presence of the merchant and with the exclusive use of one or more means of distance communication, up to and including the moment the contract is concluded.

• TRANSACTION - collecting or refunding an amount derived from the sale of a Product/Service by using the Services of a card processing company or by bank transfer, regardless of the delivery method.


2. Terms of use

The conditions in which you can access our Site are set out in this policy and are applicable to all users, visitors and members of the Site. By using the Site, you provide informed consent to comply with all the terms in this policy.


You specifically agree not to perform any actions that may prevent or modify any technology used to provide this Service, and do not transmit any harmful files, viruses, Trojans, spy ware, malicious software or other software code that may adversely affect or interfere with Service. You must not create a false identity or submit for registration and not upload or report any undesirable, misleading, malicious, defamatory, obscene or threatening messages or materials.


3. Services

a) rewarding our consultants for reading medical documents provided by you in electronic form through our web Site 

b) preparation of the second opinion done by the specialist, which the user receives in electronic format within 24 to 72 hours on working days, with the exception of public holidays. You acknowledge that the feedback time may vary if additional information is required or the medical records provided are in poor condition.


2ndMedOpinion.com reserves the right to make changes to the Service that are necessary to comply with applicable law or safety requirement or that do not have a material impact on the nature or quality of the Service, for which you will be notified in advance.


Since you are looking for our Services through our web site, by signing this Agreement you also agree to the terms of use and that the terms also form part of the Agreement.


The contract is not legally binding on you or on us until you pay the amount for the requested Service, and we have provided you with a written confirmation that we have received all the necessary information we require to provide the Service.


A third person who is not a party to the contract is not entitled to or in connection to the contract.


For your convenience and better information, we provide links to other sites on the subject without committing to correctness and accuracy of the information.


4. User rights and obligations

a) to pay the fees in accordance with paragraph 7 below

b) ensure that the information provided is complete and accurate

c) to cooperate with us on all matters related to the Services

d) to provide any additional information required in order to provide the Service and in the best possible way to ensure that this information is accurate


4.1. By entering this Agreement, you acknowledge that you have the right to disclose medical records and that the disclosure of medical documents does not violate applicable laws or intellectual property rights of others.


4.2. You have the right to cancel this Agreement by writing to us or calling us by phone with a request for cancellation within 3 working days of receipt of the confirmation email address you have provided.


5. Service provider rights and obligations

5.1. The provision of the Services are based on the following assumptions

a) you have the legal right to provide us with copies or originals of the medical records

b) medical records (if not originals) are the most recent accurate copies of the originals

c) there is no other fact, subject or document other than those on the form and medical records that could influence our opinion in preparation of our opinion

d) all the appropriate diagnostic images on a CD or external memory are the latest, with good quality and high resolution


6. Additional terms

6.1. The Service is not intended to replace a personal consultation


6.2. The report is limited to the extent to which the information normally obtained through a personal review is not available to the Specialist in the preparation of his opinion and the preparation of the report and that the lack of such information may affect the Specialist's ability to provide proper diagnosis


6.3. The report is not suitable for use or may not be used in any court proceedings, including but not limited to legal proceedings against another medical practitioner, clinic or person


6.4. The Specialist checks only the medical documentation provided by the user


6.5. The Specialist who provides the reading is not responsible for the investigation or verification of the accuracy or completeness of the provided medical records


6.6. The opinion will only be addressed to you for your own benefit or for the benefit of the patient. It may not be disclosed or relied on by any other person without the prior written consent of the user of the Service


7. Prices

7.1. Prices are as described on the web site according to the type of Service selected and the timing. Prices are subject to change.


8. Refunds

8.1. If you cancel the Service, you will receive the full amount for the Service paid according to the selected package, provided that you have not received the report until the time of your e-mail


9. Privacy policy

9.1. The Site complies with and applies the principles described in Regulation (EC) 2016/679 for processing of your personal data, namely: lawfulness and transparency; limitation of the processing objectives to the ones mentioned in this statement and the concluded Agreement by not profiling the information; relevance to processing goals and minimization of data collection; accuracy and timeliness of the data; limitation of their storage in accordance with the deadlines set out in the company's policy and the legally required period for storing the data in respect of income, insurance and taxation activities; integrity and confidentiality of processing, and ensuring an adequate level of security of personal data.


9.2. The Site performs the following personal data operations for the following purposes


9.2.1. registration of the individual's personal data - name, telephone, e-mail address, etc.


9.3. We acknowledge our legal obligations arising from the provision of safe and efficient Services, including but not limited to our obligations under the Privacy Act and the customary confidentiality obligation.


9.4. We do not collect or process personal data related to: racial or ethnic origin; political, religious or philosophical beliefs and/or membership of trade unions and other organizations; genetic and bio metric data, or data on the sexual life or sexual orientation of the subject.


9.5. Data on the health of individuals are not stored on any medium and destroyed as soon as the requested Service is provided to the User.


9.6. We acknowledge to protect the confidentiality and security of any personal information you may provide while using the Site. For details on our privacy statement regarding this personal information, please review the privacy policy.


9.7. We do not store medical records and any other personal and/or confidential information provided by you and will restrict the disclosure of such confidential information to the employees and/or consultants at 2ndMedOpinion.com for the purposes of the provision. Employees and consultants at 2ndMedOpinion.com are aware of the personal and/or confidential nature of the information and are trained in the policies and procedures we have in place to deal with the control and processing of personal data and/or confidential information. The user has the right to request the deletion of the data even before receiving an opinion, in which case the contract is terminated and the respective fees paid are refunded if they have been made. Opinion by our consultants is not provided accordingly.


9.8. You acknowledge that any information on an electronic medium uploaded through our web Site is at your own risk. Notwithstanding this, we acknowledge that our obligation is to store the information on our server protected from unauthorized access.


9.9. If you reside in a non-EU country, you agree and accept that we do not have control over the existing safeguards in your country or territory on data protection and confidentiality issues.


10. Limitation of liability

10.1. We are not liable for fraudsters or fake data to obtain feedback from our consultants.


10.2. According to Clause 10.1

a) we are not be liable to you for any loss of profits or indirect or consequential losses arising out of or in connection with the Contract, including any losses that may arise as a result of intentional breach of contract by us, our employees or consultants.

b) our total liability to you in relation to any other loss arising out of or in connection with the Contract, whether by contract, irregularity (including negligence), breach of the statutory obligation or otherwise, including losses caused by intentional violation of a Contract by us, our employees or consultants should not exceed the value of the fees.


11. Termination terms

11.1. The Agreement will continue to apply to you until it is terminated by you or by us. If you or we terminate the Agreement, you agree that we will not be liable to you and will not refund any fees you paid if you received the result of the paid Service.


11.2 We may terminate the Agreement with immediate effect by sending you a written notice and paying back the fees you have paid within 5 working days for Services not yet rendered.


11.3 Any clause in this Agreement that expressly states or defaults is intended to enter into or continue to operate on or after the termination or expiration of this Agreement shall remain in effect and be effective until the termination or expiration of this Agreement.


12. Exercise Law and Jurisdiction

This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be settled and interpreted in accordance with the Bulgarian law, and the parties shall be irrevocably subject to the exclusive jurisdiction of the Bulgarian courts.


13. Applicable rights for foreigners

This web site can be accessed from other countries around the world. Because the laws of each country may differ, you agree that all questions relating to the use of this Site will be subject to the laws of the Republic of Bulgaria and to the European law, regardless of the principles of conflict of law. Users who choose to access the Site from other countries outside the EU do so on their own consent and are responsible for complying with local laws in their own conscience.