The expressions used in this General Terms and Conditions of Use are defined as follows:

Conditions : this General Terms and Conditions of use of MHN Platform services.

MHN : Mondial Health Network.

Platform : the website www.mondial.health and the other domain names and Mondial Health Network app related to it.

User : any natural person, doctor; or medical center or organization who uses the Platform and accesses the Services offered by MHN via the Platform.

User Account : location on MHN Platform used to store Username, Password, and other information of the Users.

Non-medical User : all Users who use the Platform anonymously as an individual or patient, even if they work as a doctor or a member of medical staff.

Medical User : medical centers and all Users who are known in the Platform by name and profile as physicians or members of the medical staff.

Quality Medical Tourism (QMT) : Constitution of Medical Report, request for Tele-expertise and admission of patients in countries offering quality medical services.

Medical Group : a group of the doctors or medical staff joined together; or any health center or group in which several physicians, nurses, and other medical staff work together to provide health or medical or surgical services.

Medical Group Account  : A type of Medical User Account that belongs to a group of doctors and medical staff which work together as a Team; and all members of the Medical Team can use it in the process of treating patients.

Family Group : members of a family or trustees who are in a group together.

Medical File : Any information, notice, data, commentary, or observations related to the account of Non-Medical Users that is provided or completed by the User, or his or her authorized physician or physicians.

Registration : the process by which a person or organization or medical center voluntarily joins the Platform and is accepted as a User.

Tele-expertise : procedure by which a "Requesting doctor" seeks the expert opinion of another "Required doctor", because of his or her particular competence, on the basis of patient's Medical Report, without the presence of the latter.

Mondial ID : a dedicated and personal twelve-digit number that is automatically assigned to each User after registering in the Platform.

Personal ID  : the name and profile of each User, which cannot be registered on the MHN Platform.

Local Promoter : a person, organization, sponsor, or any foundation that seeks to expand the Platform locally and regionally, for profit or non-profit purposes.

Standard : models, examples, criteria, instructions set by MHN as the rules of admission of the Users; or practice of the doctors; and are accepted on a voluntary basis.

Reference: the introduction and authentication of a doctor by another doctor already registered on the Platform.

Service : all the facilities, services or the solutions that the Platform offers to its Users.

Communication Facilities : any bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, other message or means of communications designed to enable a User to communicate with the public at large or with a group.

 

SUBJECT OF CONDITIONS

The purpose of these Conditions is to define the conditions under which Users can access and use the Services of the MHN Platform.

Any User who accesses the Services offered by MHN undertakes to respect, without reservation, these Conditions.

If the User does not agree with all or part of these terms, she/he must not accept them, and must not register on the Platform, otherwise, she/he will be liable for any damages resulting from improper use of the Platform.

The User can utilize the Services on behalf of third parties over which he/she has parental authority or for which he/she is recognized as tutor or curator in accordance with the regulations of the country in which the User resides and is legally subject to it.

The User rest solely responsible for the use made of his register information, even if the User pre-registers this information on his computer, his mobile phone or on any other type of equipment, thus allowing automatic connection to Services.

Any access, use of the Services and transmission of information made from a User's User Account will be deemed to have been carried out by the latter or his authorized physician.

Safeguarding the confidentiality of User Identifier is the sole responsibility of the latter. In this regard, the User is required to ensure that at the end of each session he actually disconnects from the Services, in particular when he accesses the Services from a public computer.

Any loss, misappropriation or unauthorized use of a User's Register information and their consequences rest the sole responsibility of the User. In all the cases mentioned above, the User is required to notify MHN, without delay, via the contact email, so that MHN can reset the User account.

 

Mondial and Personal ID

Each User who registers on the Platform will be awarded an exclusive 12-digit Mondial ID.

The Platform of Non-medical users is anonymous, which means that nowhere in the Platform are the names and contact details of Non-medical users registered and it cannot be registered. Therefore, experts and network administrators do not know the Personal ID of Non-medical users. They only know each Mondial user by their Mondial ID.

Sending photos, copies, or recording the details of Personal ID on the Platform is prohibited and will be deleted if viewed. Repeated submission of Personal ID information on the Platform will result in the cancellation of the sending User Account without any claim for damages in this regard.

The Non-medical user has access to all parts of the Platform, except for Comments and notes from doctors.

If documents bearing the Non-medical User’s name are placed on the network, this is his responsibility.

Physicians are responsible for the possible inclusion of the patient's name in their Comments and Notes section.

 

User Account

The User account is owned under the exclusive responsibility of the User.

The Non-Medical Users have, at their own risk and peril, the right to provide their account information to doctors, medical centers or health personnel so that they can access their information.

The Non-Medical User chooses his doctor and gives him the right to modify his/her Medical File. The User can share his/her Medical Report with other doctors, members of the medical commission, family members and anyone who wishes.

The MHN can select physicians to review the patients’ Medical Report; and record the results in their file, or to make recommendations to their physician or physicians. In any case, the Medical Reports are anonymous; neither MHN, nor des physicians named by MHN knows the identity of User.

 

Tele-expertise

1) Tele-expertise is the subject of a synchronous or asynchronous exchange between two doctors, via the MHN platform, on the basis of the patient's anonymous Medical Report and other documents that may be required.

2) The Tele-expertise operation will be performed at the request and at the expense of the patient with the agreement of his doctor and the Required Doctor. The timeline of its realization depends on the severity of the patient's situation and the schedule of the Required Doctor.

3) Tele-expertise can be carried out either for a circumscribed question between local doctors and not requiring an in-depth study of the patient's medical situation. In this case, the Tele-expertise operation can be performed directly between the doctors of the Network.

4) If it is an expertise in response to a complex medical situation requiring an in-depth study, or which must be carried out by doctor or doctors from another country where the patient resides, the Tele-expertise operation will necessarily be carried out through contact with the Network.

5) Following a Tele-expertise, the Required Doctor writes a report on the patient's Medical Report. The Requesting Doctor is responsible for its transmission to the patient, directly or via the Platform's Following Evaluation tool, according to the patient's wishes.

 

Quality Medical Tourism (QMT)

All cases of QMT and hospitalization abroad go through two essential stages:

I) Tele-expertise,

ii) Possible hospitalization on the basis of the result of the expert's report, and the admission conditions of the chosen hospital.

An admission request goes through the following procedure:

1) A local doctor (Requesting doctor) at the demand of his patient, requests an expertise by a non-local doctor (Required doctor),

2) The patient will choose the Required doctor, based on the list of doctors in the service (or hospital center), and according to his preferences (location, age, sex, specialties, etc.),

3) MHN contacts the doctor (or center) chosen to request his agreement, the costs of the expertise, the date of obtaining the result, the method of sending the entire file (through the Platform, Cloud, key USB, paper….),

4) The patient pays the fees, and MHN intervenes to ensure that the patient's medical file reaches the Required doctor, attaching all the documents, specifying the exact subject of the request for expertise, and an opinion or comment his requesting doctor,

5) Following the expertise, there are two possibilities:

The patient does not need hospitalization. In this case, the expertise procedure will be completed.

6) If the expert doctor considers the need for hospitalization of the patient, MHN inquires about the cost of hospitalization from the hospital department and informs the patient and the local doctor.

The patient should pay also for transportation and hotel (or hospital accommodation, if there is such accommodation).

7) MHN also informs the patient of the accompanying costs to the hospital on the date scheduled for hospitalization and at the time of discharge.

8) After the patient's consent and full payment of the hospital costs, MHN contacts the hospital for the admission file and other necessary documents.

 

Medical Group

The Non-Medical User is aware that by selecting Medical Group through the process of “Select Doctor”, he/she will provide access to his Medical File to all Medical Group Members.

In case of Medical Group Account, the Medical Group, in cyberspace, has the same responsibility for preserving patients' medical secret as real hospitals and medical centers, in accordance with internationally recognized and domestic regulations in all countries.

The members of Medical Group must write their name or code after each intervention or comment in patient’s Medical File.

 

Family Group

The Family Group includes each parent, mother or father, separately with their children

The couple's User Account is separate, personal; and cannot be grouped together.

The creation of, and access to the Medical File for minors, or adults subject to a legal protection measure, fall within the rights exercised by the legal representative(s) (parents, guardians), in accordance with the law and regulations in each country. Minors or persons subject to a legal protection measure, therefore, have access to their Medical File under the responsibility of their legal representative(s).

Married people can separate their User Account from their parents, in accordance with law and regulations in each country.

If the User Account was created for a minor, reaching the age of majority means changing or obtaining new personal User Account. To do this, the new adult can complete an intervention request through Support section of Platform, or contact his/her doctor. He/she can also request the closure of his existing User Account.

The adults can open User Account for their parents with their consent.

Each parent can allow their children over the age of 18 to access his/her Medical File and can request that such an access be denied at any time.

 

Communication Facilities

MHN has no obligation to monitor the Communication Facilities. However, MHN reserves the right to review materials posted to the Communication Facilities and to remove any materials in its sole discretion. MHN reserves the right to terminate User access to any or all of the Facilities at any time without notice for any reason whatsoever.

MHN reserves the right at all times to edit, or refuse to post or to remove any information or materials, in whole or in part, in MHN’s sole discretion.

MHN does not control or endorse the content, messages or information found in any Communication Facilities and, therefore, MHN specifically disclaims any liability with regard to the Facilities and any actions resulting from User participation in any Communication Facilities.

Materials uploaded to a Communication Facilities may be subject to posted limitations on usage, reproduction and/or dissemination.

Users agree to use the communication Facilities only to post, send and receive messages and material that are proper and related to the goals of the Platform. By way of example, and not as a limitation, the Users agree that when using the Services he/she will not:

(1) publish, discuss, release, broadcast or otherwise disseminate to any third party, the results of any benchmark or comparison tests run with the Application, without the written permission of MHN; (2) work around technical limitations in the Application, including any access restrictions; (3) reverse engineer, decompile, or disassemble the Application, except and only to the extent that applicable law expressly permits; (4) incorporate the Application into any other software product; (5) use the Application in any manner that is illegal, unlawful or abusive including, without limitation, to commit or promote any fraud or identity theft, to send or originate any threatening or harassing materials, to initiate or participate in any denial of service or hacking or cracking, to harass, abuse, stalk, threaten, or defame any third party, or to store, send or receive any content that infringes or misappropriates any intellectual property or other proprietary rights; (6) rent, lease, lend, sell, redistribute, or sublicense the Application to any third party; (7) modify, alter or create any derivative work of the Application; or (8) remove or obscure or alter any copyright notice or other proprietary rights notice (including the MHN logo) from the Application.

 

Services

MHN takes the necessary measures to maintain the continuity and quality of the Services.

The User acknowledges that his use of the Services is at his own risk. The Services are provided to it "as is" and are accessible without any guarantee of availability and regularity. MHN will however endeavor to make the Services accessible 24 hours a day, 7 days a week, except in the event of force majeure or an event beyond the control of MHN and subject to maintenance periods, possible breakdowns, contingencies, and techniques related to the nature of the Internet network or malicious acts or any damage to MHN's hardware or software.

MHN can in no way be held responsible for an interruption of the Services regardless of the cause, duration or frequency of such interruption.

The User acknowledges that the speed of transmission of information does not depend exclusively on the Services offered by MHN, but on the characteristics inherent in electronic communications networks and the technical characteristics of their connection mode (cable, ADSL, 3G, and 5G etc.) and of its internet access.

MHN can under no circumstances be required to repair any indirect damage suffered by the User during the use of the Services. Indirect damages are those which do not result exclusively and directly from the failure of MHN's Services.

In addition, MHN cannot be held liable for acts performed by the User or a third party using the Services.

MHN reserves the right, in its sole discretion, to terminate access to the MHN Platform and the related services or any portion thereof for Free Users at any time, without notice.

 

FORCE MAJEURE

There is force majeure when an event beyond the control of the parties concerned, which could not be reasonably foreseen when accepting the Terms and whose effects cannot be avoided by appropriate measures, prevents the execution of its obligation by the debtor

The case of force majeure suspends the obligations of the party concerned during the time when force majeure continues. However, the Parties will endeavor to minimize the consequences as far as possible.

 

NO UNLAWFUL OR PROHIBITED USE

As a condition of User’s use of the MHN Platform, the Users warrant to MHN that they will not use the MHN Platform for any purpose that is unlawful or prohibited by these terms, conditions, and notices. They may not use the MHN Platform in any manner which could damage, disable, overburden, or impair the MHN Platform or interfere with any other party’s use and enjoyment of the MHN Platform. They may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the MHN Platforms.

 

LIABILITY DISCLAIMER

To the maximum extent permitted by applicable law, the application, services and third party materials (and users reliance on the operation, output or results therefrom) are licensed “as-is, where-is, as-available,” with all faults. Mhn platform disclaim all warranties and conditions, express, implied or statutory, arising by law or otherwise, relating to the application, the services and the third party materials, including, but not limited to, any warranty that use of the application, services or third party materials will be uninterrupted or error free and the implied warranties and/or conditions of merchantability, satisfactory quality, fitness for a particular purpose, accuracy of the information, services and/or third party materials, quiet enjoyment, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to users.

The information, software, products, and services included in or available through the mhn platform may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Mhn and/or its suppliers may make improvements and/or changes in the mhn platform at any time. Advice received via the mhn platform should not be relied upon for personal, medical, legal or financial decisions and users should consult an appropriate professional for specific advice tailored to users’ situation.

Mhn and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the mhn platform for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. Mhn and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.

To the maximum extent permitted by applicable law, in no event shall mhn and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the mhn platform, with the delay or inability to use the mhn platform or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the mhn platform, or otherwise arising out of the use of the mhn platform, whether based on contract, tort, negligence, strict liability or otherwise, even if mhn or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to users. If users are dissatisfied with any portion of the mhn platform, or with any of these terms of use, users sole and exclusive remedy is to discontinue using the mhn platform.

 

Final Terms

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable local law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the User and MHN with respect to the MHN Platform and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User, Promoter and MHN with respect to the MHN Platform.

MHN is free to modify these Conditions at any time, to take into account any legal, regulatory or technical development.

The version that prevails is the one that is accessible on the Platform.

The User is expressly informed that the only version of the Conditions is the one found on the Platform, which he recognizes and accepts without restriction, undertakes to refer to them systematically at each connection.

 

Unless otherwise indicated in the Conditions :

As long as a word or phrase has a defined meaning, any other form of that word or phrase has a corresponding meaning;

Words in the singular include the plural and vice versa;

A reference to a document, standard, legislative provision, code or any other document implies any modification or update of this document, standard, legislative provision or code.

 

Copyright and Intellectual Proprieties

All contents of the MHN Platform are Copyright by MHN. As well as all MHN Services and components thereof, have the exclusive property of MHN.

All marks and logos appearing on MHN or Mondial One Health may not be used without the prior written consent of MHN, except for Promoters who intend to expand and develop the MHN Platform in the destination country and at the local and regional level.

Any rights not expressly granted herein are reserved.