Members Agreement
Medic Paradise Members Terms of Service
Welcome to www.medicparadise.com and related websites (the “Website”), owned and operated by Carpe Diem CA LLC (“Medic Paradise” or “MP”). Whether or not you (“you, your or User”) place an order for Services as provided herein and become a customer (“Customer”), these terms and conditions (the “Terms”) govern your use of the Website and MP’s services, the MP platform, applications, and content (collectively, the “MP Site”) and your purchase, receipt, or use of our services and other services and products made available through the MP Site (collectively, the “Services”).
MEDIC PARADISE AND YOU AGREE THAT THESE MEDIC PARADISE TERMS SHALL GOVERN THE RELATIONSHIP BETWEEN THE PARTIES AS TO ANY MEDIC PARADISE SERVICES PROVIDED OR TO BE PROVIDED TO CUSTOMER AS SET FORTH IN A WRITING INCORPORATING THESE TERMS (AN “ORDER”). AS TO ANY PARTICULAR ORDERING DOCUMENT, THE ORDERING DOCUMENT, THE SERVICES DEFINITIONS, AND THESE TERMS TOGETHER CONSTITUTE THE AGREEMENT OF THE PARTIES AND ARE REFERRED TO COLLECTIVELY HEREIN AS THE “AGREEMENT.” IN THE EVENT OF ANY CONFLICT BETWEEN AN ORDER AND THESE TERMS, THESE TERMS SHALL PREVAIL UNLESS THE ORDERING DOCUMENT EXPRESSLY PROVIDES THAT IT IS MODIFYING THESE TERMS WITH RESPECT TO SUCH AGREEMENT.
PLEASE READ THESE TERMS CAREFULLY BECAUSE YOUR USE OF THE MP SITE OR PURCHASE OF THE SERVICES CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN DO NOT ACCESS OR USE THE MP SITE, OR PURCHASE, RECEIVE OR USE OUR SERVICES.
THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
The MP Site is available to users worldwide. Certain portions of these Terms will apply to you only if you reside in a specific country or region.
1. About us; Your Relationship With Us
The MP Site is an online platform through which Medic Paradise offers curated medical, health, and wellness, retreats ("Retreats") organized by independent third-party doctors and healthcare providers around the world ("Service Providers"). The services provided during Retreats include, but are not limited to, hair transplants, stem cell treatments, cosmetic surgeries, and other medical health, and wellness, services. All content, descriptions, and photographs on the MP Site are owned or licensed by MP.
2. Scope
These Terms apply to all visitors to and Users of the MP Site. As soon as you use the MP Site, you are obliged to comply with these Terms. Therefore, please read them carefully during your first use. They are available online and apply to all of our Services, unless more specific terms and conditions for a specific service prevail. Should this be the case, we will make this clear at the appropriate time. Any of your terms and conditions that conflict with or deviate from these Terms shall not apply unless we have expressly agreed to them in writing. The use of the MP Site is only for you personally, i.e., you may not use it under any circumstances for your own business purposes. This means that any use that goes beyond your personal use in your private environment and/or serves commercial or business purposes, those personally connected to you and/or other third parties, and in particular the commercial resale of Retreats, is strictly prohibited.
3. What we do
3.1 You can view and purchase Retreats directly from MP through the MP Site. The contract for the provision of the Retreats ("Service Agreement") is concluded exclusively between you and MP. When you select and pay for a Retreat, you are entering into a direct contractual relationship with Medic Paradise, who will coordinate and deliver the medical services through its network of Service Providers. MP maintains full discretion over Retreat pricing, terms, and conditions, and reserves the right to substitute Service Providers as necessary to ensure optimal delivery of the Services.
3.2 You may direct questions about your booking to MP customer service. For this purpose you can find various forms on the MP Site or can contact us here. We usually answer within 24 to 48 hours. As needed, we may connect you and the Service Provider directly.
3.3 We reserve the right to make the use of the MP Site, individual functions of the MP Site, or the extent to which individual functions can be used, subject to certain conditions, such as the payment behavior of the User (e.g., in the case of prior bookings) or the presentation of certain proof (e.g., proof of identity, purchase, payment, or ownership). We reserve the right to restrict your booking of Retreats, or cancel Retreats you have booked, in the case of suspected fraud, violation of these Terms, or violation of obligations under the Service Agreement, which become known to Medic Paradise.
3.4 We are not obligated to improve, extend (update/upgrade) or make available the content, functions and services provided via the MP Site. We may discontinue our Services at any time; there is no right to continuation. However, if you have already booked a Service Agreement, Section 6 (Service Agreement) applies to you.
4. Registration and MP account
4.1 Although registration is not required to access the MP Site, you must register with us in order to use all features.
4.2 In order to create an account (“MP Account"), you must enter your full legal name and email address in the registration form on the MP Site and may set a password. You must keep these data secret so that no third party has access to your account. After clicking the button "Confirm email" you will receive a confirmation “welcome” email from MP. Your MP account has now been created.
4.3 You may create only one MP Account for yourself. You may not transfer the account to anyone else.
5. Membership Levels
5.1 Medic Paradise (“MP”) offers two access levels: Basic and VIP.
6. Membership Subscription.
6.1 MP provides a subscription service where we offer memberships for recurring access to the MP Platform and/or other perks and benefits as applicable and further described in the membership plan program details (each purchase of any such plan, a “Subscription”) and may offer add-on or one-time products or services for sale. Our membership offerings and fees are described on the MP Site and are subject to change.
7. AUTOMATIC RENEWAL OF SUBSCRIPTION. WHEN YOU PURCHASE A SUBSCRIPTION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (A) MP (OR OUR THIRD PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE YOU ON A RECURRING BASIS (EITHER ANNUALLY OR MONTHLY AS DESCRIBED IN THE CHOSEN PLAN AND AS APPLICABLE AND WITHOUT NOTICE TO YOU UNLESS REQUIRED BY APPLICABLE LAW), FOR THE PRICE OF YOUR CHOSEN SUBSCRIPTION (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES SET FORTH DURING THE PURCHASE PROCESS) FOR AS LONG AS YOUR SUBSCRIPTION CONTINUES, AND (B) YOUR SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL IT OR WE SUSPEND OR TERMINATE THE SUBSCRIPTION. INSTRUCTIONS FOR CANCELING YOUR SUBSCRIPTION ARE DESCRIBED BELOW. THE INITIAL RECURRING CHARGES AND FREQUENCY OF CHARGES FOR YOUR SUBSCRIPTION WILL BE SET FORTH DURING THE PURCHASE PROCESS ON AN ORDER. THE AMOUNT AND FREQUENCY OF WHICH YOU ARE CHARGED MAY VARY DEPENDING ON THE PREFERENCES YOU SELECT, AND WE MAY ADJUST SUCH RECURRING CHARGES FROM TIME TO TIME.
8. SUBSCRIPTION CANCELLATION POLICY. YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME AT LEAST THIRTY (30) DAYS PRIOR TO THE ORDER INVOICE DATE SHOWN IN YOUR ONLINE ACCOUNT BY CANCELLING THROUGH YOUR ONLINE ACCOUNT OR BY EMAILING INFO@MEDICPARADISE.COM. ANY CANCELLATION RECEIVED WITH LESS THAN THIRTY (30) DAYS UNTIL THE NEXT BILLING DATE WILL NOT BE EFFECTIVE UNTIL THE FOLLOWING BILLING PERIOD. YOU ARE RESPONSIBLE FOR ALL CHARGES (INCLUDING ANY APPLICABLE TAXES AND OTHER CHARGES) INCURRED WITH RESPECT TO ANY ORDER PROCESSED PRIOR TO THE CANCELLATION OF YOUR SUBSCRIPTION.
9. Service Provider - Service Agreement
9.1 Provision of Service Provider Services
9.1.1 If you select and purchase a Retreat on the MP Site or otherwise through an Order, you have entered into a contract directly with Medic Paradise. Medic Paradise facilitates bookings and coordinates with Service Providers. Medic Paradise does not provide or supervise medical or wellness services.
9.1.2 As defined in Exhibit A, all Facilities are independently owned and operated and are solely responsible for delivering services; Medic Paradise does not furnish medical care or wellness services.
9.1.3 The Service Providers may provide their own terms and conditions in their respective listings on the MP Site or directly to you ("Service Provider T&Cs"). Please read these Service Provider T&Cs carefully, because they may contain important information for you, e.g., regarding cancellation options or conditions. By booking a Service, you acknowledge that you have reviewed and agreed to the applicable Service Provider T&Cs linked on the booking page. Nothing in the Service Provider T&Cs shall affect your relationship with us, or our legal rights; provided, however, that failure to timely adhere to important requirements from the Service Provider (e.g. providing x-rays, blood tests, flight times, etc.) may result in unwanted delays or cancellations to Retreats that may not be remediated or refunded by MP.
10. Provision of the Retreat
10.1 You must arrive on time at the meeting point indicated by the Service Provider. Please also take note of the Service Provider T&Cs. If you are traveling to the Retreat from abroad, you are solely responsible for the necessary travel documents (passport, visa, etc.) and compliance with health or other requirements.
10.2 The Booking Price does not include insurance of any type. You are responsible for obtaining sufficient insurance coverage. We do not operate Retreats, employ guides, or set safety standards for Retreats. It is a mandatory condition of your booking that you obtain travel insurance, with sufficient limits to cover medical complications and emergency evacuation (recommended minimum of USD$150,000 for complications), covering all applicable dates of travel during a Retreat and any third-party Retreat operator, flight, or charter vessel which comprise any part of your Retreat (hereinafter, “Medical Emergency Travel Insurance Coverage”). You acknowledge and agree that the Medical Emergency Travel Insurance Coverage must cover personal injury and emergency medical expenses. You further represent and warrant to Medic Paradise that you shall obtain the required Medical Emergency Travel Insurance Coverage prior to departure and that while Medic Paradise reserves the right to request proof of coverage, it is not the responsibility of Medic Paradise to verify the quality or existence of your Medical Emergency Travel Insurance Coverage.
10.3 We also strongly recommend the purchase of trip cancellation insurance. Baggage insurance is also recommended. In the event that you must cancel your participation in a Retreat, trip cancellation insurance may be the only source of reimbursement. You acknowledge and agree that, in the absence of you purchasing trip cancellation insurance, you shall be subject to the cancellation fees provided for in Section 2 of these Terms displayed on this page.
10.4 Medic Paradise is your direct contractual counterparty for all Retreat bookings and payments. While Service Providers are independent contractors delivering Retreat services, your payment and booking relationship is exclusively with Medic Paradise. Medic Paradise's liability shall be strictly limited to its role in processing bookings and payments. Only Service Providers shall be liable for their acts, errors, omissions, representations, warranties, breaches, negligence, or misconduct, as well as for any personal injury, death, property damage, or other damages or expenses resulting from or associated with any Retreat.
11. Identification Requirement
11.1 All Customers must present a valid government-issued identification upon arrival at the facility or Retreat location. Acceptable forms include a passport, driver’s license, national ID, or state ID card. Failure to provide proper ID may result in denial of service.
12. Verification Right
12.1 MP and participating Service Providers reserve the right to verify identity and membership status at any time, including at appointment check-in. If a membership benefit is attempted to be used by a non-member, services may be refused and fees may apply.
13. Non-Commercial & Non-Transferable Use
13.1 Membership benefits are strictly for the personal use of the registered Customer. Membership benefits may not be shared, gifted, transferred, sold, or otherwise assigned to any third party, including but not limited to friends, family members, or acquaintances, whether or not consideration is exchanged.
13.2 Any attempt to extend, transfer, or apply VIP or Basic membership benefits to another individual constitutes a material breach of these Terms and may result in immediate suspension or termination of the membership without refund and without limitation to MP’s other legal rights or remedies.
14. Prices and Payment
14.1 The price offered on the MP Site ("Posted Price") shall apply to the Retreat. The amount you pay for a Retreat ("Booking Price") is the Posted Price less any applicable discount. Unless otherwise agreed, the Booking Price for the Retreat is payable immediately upon booking.
14.2 All payments for Retreats shall be made directly to Medic Paradise. MP maintains sole discretion over pricing and payment terms. For payments in currencies other than your local currency, MP will convert the amount at the current exchange rate at the time of the transaction and may charge a reasonable currency conversion fee. All payments processed through the MP Site are final and non-refundable except as expressly provided in these Terms or required by applicable law. MP reserves the right to modify its pricing and payment terms at any time in its sole discretion.
14.3 You must provide payment information truthfully and update it immediately in the event of changes. The means of payment permitted for the Retreat will be displayed to you in the order process. The terms and conditions of the payment service provider will apply. Your payment service provider may charge additional fees. You are required to confirm to us that you are authorized to use or have the right to use a payment method you select.
14.4 In some cases, payments may be processed through MP's designated payment processors. These payments are subject to the same terms and conditions as payments made directly to MP. Payment to MP's designated processor constitutes payment to MP. For any payment-related questions, please contact MP's customer service team. We reserve the right to correct, or to instruct our payment processors to correct, any errors or mistakes, even if payment has already been requested or received.
14.5 By authorizing payment, you consent to your payment information being used to collect payment for MP's services. MP reserves the right to make the use of payment functions or individual payment methods on the MP Site dependent on credit verification and may decline to process transactions in its sole discretion.
15. Changes and Cancellations
15.1 Full payment, including any related add-ons, for Wellness Facilities and Medical Facilities services is required at the time of booking, unless otherwise stated.
16. Customer-Initiated Cancellations
16.1 Customers may cancel their Retreat booking by submitting a cancellation request via the MP Site or by contacting MP customer service. Cancellation requests will be effective upon confirmation of receipt by MP.
16.2 Refund eligibility is determined based on customer type and the number of days prior to the scheduled Retreat start date.
17. Basic Customer Cancellation Policy
17.1 Wellness Facility
· More than 24 hours before the schedule Retreat:
Cancellations are governed solely by Service Provider Terms & Conditions.
· Less than 24 hours before the scheduled Retreat:
No refund and a $50 administrative fee will be charged, in addition to any cancellation or no-show terms imposed by the Service Provider.
17.2 Medical Facility
· 30 days or more prior to the scheduled Retreat:
Customer is eligible for a full refund, less a non-refundable administrative fee of $150, in addition to any terms imposed by the Service Provider.
· 15 to 29 days prior to the scheduled Retreat:
Customer is eligible for a 50% refund, less a $150 administrative fee, in addition to any terms imposed by the Service Provider.
· Less than 15 days prior to the scheduled Retreat:
18. VIP Customer Cancellation Policy
18.1 Wellness Facility - Cancellations are governed solely by Service Provider Terms & Conditions.
18.2 Medical Facility
· 30 days or more prior to the scheduled Retreat:
Customer is eligible for a full refund, less a non-refundable administrative fee of $75, in addition to any terms imposed by the Service Provider.
· 15 to 29 days prior to the scheduled Retreat:
Customer is eligible for a 50% refund, less a $75 administrative fee, in addition to any terms imposed by the Service Provider.
· Less than 15 days prior to the scheduled Retreat:
No refund will be issued.
19. No Show Policy
19.1 If you fail to attend your scheduled Retreat without submitting a cancellation request in advance (a "No Show"), you will not be eligible for any refund, and the booking will be considered forfeited.
19.2 Wellness Facility - All No Shows are subject to a $50 administrative fee, in addition to any no-show terms imposed by the Service Provider.
19.3 Medical Facility - All No Shows are subject to a $150 administrative fee, in addition to any no-show terms imposed by the Service Provider.
20. Administrative Fees
20.1 This fee is non-refundable and applies per Retreat booking.
21. No-Show Definition
21.1 A “No-Show” occurs if the Customer does not attend a scheduled appointment or check-in without providing notice through MP before the designated cut-off time.
22. Refund Processing
22.1 Refunds, when applicable, will be processed within a reasonable time following approval by MP and will be issued to the original payment method. MP is not responsible for any delays caused by third-party payment processors or financial institutions.
23. Exceptions and Discretionary Refunds
23.1 In limited and exceptional cases—such as documented medical emergencies, natural disasters, or other unforeseen events—Medic Paradise (“MP”) may, at its sole discretion, issue a full or partial refund, offer rescheduling, or arrange alternative services outside of the standard refund policy. Customers may be required to submit supporting documentation.
23.2 In the event of regular flight delays or cancellations that are not caused by a force majeure event, MP will make commercially reasonable efforts to coordinate with Service Providers to find an adequate alternative solution, such as rescheduling or modifying service times. However, Customers acknowledge that:
o MP cannot guarantee availability or accommodation of changes,
o There may be additional costs or fees associated with last-minute adjustments, which will be the Customer’s responsibility.
o All decisions under this section are at the sole discretion of MP and subject to Service Provider availability and policies.
24. Force Majeure
24.1 Medic Paradise shall not be held liable for any delay, cancellation, or failure in performance of obligations under these Terms due to events beyond its reasonable control (“Force Majeure Events”), including but not limited to acts of God, war, terrorism, natural disasters, pandemics, government actions, travel restrictions, labor disputes, power failures, or interruptions in communication services.
24.2 In such cases, Medic Paradise may, at its sole discretion, offer partial or full refunds, alternative services, or rescheduling options. Customers acknowledge and agree that refunds or remedies under Force Majeure Events are not guaranteed and are determined on a case-by-case basis by Medic Paradise.
25. Existing VIP Bookings Honored After Downgrade
25.1 If a VIP member cancels their VIP membership and reverts to Basic status, any bookings made prior to the downgrade will retain the VIP benefits and pricing applied at the time of booking.
26. Prohibited Uses; Access
The MP Site may be used only for lawful purposes and is available only for your personal, non-commercial use, which shall be limited to viewing the MP Site, purchasing products, providing information to the MP Site and downloading product information for your personal review. You are responsible for your own communications, including the transmission, posting and uploading of information, and are responsible for the consequences of such communications to the MP Site. Medic Paradise specifically prohibits any use of the MP Site, and requires all users to agree not to use the MP Site, for any of the following: (i) posting any information that is incomplete, false, inaccurate or not your own; (ii) engaging in conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation, or that would fail to comply with accepted Internet protocol; (iii) communicating, transmitting or posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the irrevocable permission of the owner to post it; (iv) communicating, transmitting or posting material that (a) reveals trade secrets (unless you own them or have the irrevocable permission of the owner), (b) infringes on any other intellectual property, privacy or publicity right of another, or (c) is in violation of applicable laws or regulations; (v) communicating, transmitting or transferring (by any means) information or software derived from the MP Site to foreign countries or certain foreign nations in violation of any applicable export control laws; or (vi) attempting to interfere in any way with the MP Site’s or Medic Paradise’s networks or network security, or attempting to use the MP Site’s service to gain unauthorized access to any other computer system. No material from the MP Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except as specifically permitted on the MP Site. The MP Site, including all of its information and content, such as text, data, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, messages, software and the HTML used to generate the pages (collectively, “Materials and Content”), is Medic Paradise’s property or that of our suppliers or licensors and is protected by patent, trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided on the MP Site or in these Terms, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit or distribute any Materials and Content from this MP Site in whole or in part, for any public or commercial purpose without the specific prior written permission of Medic Paradise. Notwithstanding the foregoing, we encourage you to re-post and share Materials and Content that we post on our official social media channels from time-to-time, unless explicitly stated otherwise. We grant you a personal, limited, nonexclusive, nontransferable license to access the MP Site and to use the information and services contained therein solely for your personal, noncommercial use as described below. We reserve the right, for any reason or for no reason, in our sole discretion and without notice to you, to revise the products and services described on the MP Site and to terminate, change, suspend or discontinue any aspect of the MP Site, including, but not limited to, the Materials and Content on the MP Site as well as features and/or hours of availability of the MP Site, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the MP Site or restrict your access to part, or all, of the MP Site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.
27. Proprietary Rights
As between you and Medic Paradise, Medic Paradise is the owner and/or authorized user of any registered or unregistered trademark, trade name and/or service mark appearing on the MP Site, and is the copyright owner or licensee of the Materials and Content on the MP Site, unless otherwise indicated. The Medic Paradise logos, designs, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, the “Intellectual Property”) are owned by Medic Paradise and may be registered in the United States and internationally. You agree not to display or use the Intellectual Property in any manner without Medic Paradise’s prior written permission. Nothing on the MP Site should be construed to grant any license or right to use any of the Intellectual Property without the prior written consent of Medic Paradise. Except as otherwise provided herein, use of the MP Site does not grant you a license to any Materials and Content or features you may access on the MP Site and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Materials and Content, features or materials, in whole or in part. Any commercial use of the MP Site is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Materials and Content or screens for any purpose except as otherwise provided by Medic Paradise. If you make use of the MP Site, other than as provided herein, in doing so you may violate copyright and other laws of the United States and/or other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use. The information on the MP Site, including, without limitation, all site design, text, graphics, interfaces and the selection and arrangements of such is protected by law, including, but not limited to, copyright law.
28. Copyright Complaints
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Medic Paradise’s copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. §512 (“DMCA”). Please be advised that to be effective, the notice must include ALL of the following: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (iv) information reasonably sufficient to permit us to contact the complaining party; (v) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or as a matter of law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Notices of claimed copyright infringement and counter-notices should be delivered via email to info@medicparadise.com with “Attention: DMCA TAKEDOWN REQUEST” in the subject. In accordance with the DMCA, it is our policy to terminate use of our Site by repeat infringers in appropriate circumstances.
29. Reviews and Other User Content
For specific rules on reviews, photos, and public content contributions, please refer to our [Customer Content Guidelines](https://www.medicparadise.com/content-guidelines).
29.1 We offer you the opportunity to view reviews and other content posted by other users on the MP Site. Each review reflects the personal opinion of a user from a specific point in time and are therefore shaped by personal ideas and expectations. It must also be noted that the Retreat may have changed since the review or other content was posted. The number of reviews and ratings given should also be taken into account, as a single opinion is often less meaningful than the synopsis of a large number of opinions.
29.2 You can personally influence the content of the MP Site by writing reviews of Retreats which you have purchased or by posting pictures (together, "User Content"). You are fully responsible for the User Content you post. It is strictly forbidden to post User Content on the MP Site that: (i) is untrue or misleading; (ii) openly or covertly advertises products, services or companies; (iii) is created in return for remuneration from a third party; (iv) is created by or at the direction of the Service Provider who provides the Retreat; (v) violates the intellectual property, privacy, or other rights of a third party; or (vi) contains links or similar information/references that are likely to impair the functioning of third-party data processing systems.
29.3 You are obligated to ensure that you are entitled to the necessary rights of use for images before uploading the User Content. In particular, images or photos where we can see other people may only be uploaded to the MP Site if these persons gave their consent. If you want to use pictures that have been taken by a person other than you, you also need the consent of this person.
29.4 The public accessibility of the User Content may not violate legal provisions, morality and/or the rights of third parties; in particular, you may not upload and/or make publicly accessible any User Content with depictions of violence, pornography, discrimination, insults, racism, defamation or other illegal content or depictions.
29.5 You retain ownership of any User Content you create. You grant to MP a non-exclusive, sublicensable (through one or more tiers), worldwide, fully-paid and royalty-free license, in any and all media now known or hereafter discovered or developed, to use, reproduce, adapt, translate, make derivative works of, modify, perform, publicly display, publicly perform, transmit, and distribute the User Content including (i) on or through the MP Site, (ii) on or through MP’s partners, and (iii) in online and offline marketing materials.
29.6 We may remove User Content as necessary and at our sole discretion. We are not obligated to keep copies of User Content or to provide such copies.
29.7 MP, its affiliates, sub-agents and their (distribution) partners, may display advertisements and other information next to or together with the User Content on the MP Site as well as on other media. You are not entitled to any compensation for such advertisements. We reserve the right to make changes to the type and scope of such advertising measures; we will not notify you of such changes.
30. Third Party Websites
30.1 The MP Site may provide, or third parties may provide, links or other access to other sites and resources on the Internet. MP has no control over such sites and resources and MP is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that MP will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the MP Site are between you and the third party, and you agree that MP is not liable for any loss or claim that you may have against any such third party.
31. Data protection
31.1 All your personal data collected through the MP Site is processed by MP as a data controller, in accordance with relevant data protection laws and for the purposes described in the Privacy Policy. MP shares your personal data with Service Providers to the extent it is necessary for the performance of the Service Agreement between you and Service Provider or when necessary to comply with a legal obligation and for other purposes legally allowed. By accepting these Terms, you explicitly consent to such sharing of your personal data with Service Providers as necessary for the provision of Retreat services. Service Providers are independent data controllers and bear the sole responsibility of processing your personal data.
31.2 You will find detailed information on how to exercise your data protection rights in the Privacy Policy.
32. Protected Health Information
32.1 When you set up an MP Account, you are creating a direct customer relationship with MP that enables you to access and/or utilize the various functions of the Service as a User. As part of that relationship, you provide information to Medic Paradise, including but not limited to your name, email address, shipping address and phone number, that we may collect, use and disclose in accordance with our Privacy Policy, and that we do not consider to be “health” or “medical” information.
32.2 However, in using certain components of the Service, you may also provide certain medical information that may be protected under applicable laws. Medic Paradise is not a “covered entity” under the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and its related regulations and amendments from time to time (collectively, “HIPAA”). One or more of the Service Providers may or may not be a “covered entity” or “business associate” under HIPAA, and Medic Paradise may in some cases be a “business associate” of a Service Provider. It is important to remember that, while state-specific privacy laws may apply, HIPAA does not necessarily apply to an entity or person simply because there is health information involved, and HIPAA may not apply to your transactions or communications with Medic Paradise or the Service Providers. To the extent MP is deemed a “business associate” however, and solely in its role as a business associate,
32.3 Medic Paradise may be subject to certain provisions of HIPAA with respect to “protected health information,” as defined under HIPAA, that you provide to the Service Providers (“PHI”). In addition, any medical or health information that you provide that is subject to specific protections under applicable state laws (collectively, with PHI, “Protected Information”), will be used and disclosed only in accordance with such applicable laws. However, any information that does not constitute Protected Information under applicable laws may be used or disclosed in any manner permitted under our Privacy Policy. Protected Information does not include information that has been de-identified in accordance with HIPAA.
32.4 By using the Service, you are agreeing that even if HIPAA does apply to Medic Paradise or the Service Providers, any information that you submit to Medic Paradise that is not intended and used solely for the provision of diagnosis and treatment by the Service Providers, is not considered Protected Information, and will only be subject to our Privacy Policy and any applicable state laws that govern the privacy and security of such information.
33. Indemnification. You agree to defend, indemnify, and hold harmless, MP, and each and all of MP’s members, managers, officers, directors, equityholders, employees, contractors, agents, attorneys, and accountants (collectively, the “MP Parties” and each an “MP Party”), from and against any and all claims, demands, losses, judgments, damages (including potential loss of revenue, harm to brand or corporate reputation, or increased expenses) fines, penalties, settlements, expenses, and liabilities, actual and potential (including reasonable attorneys' fees, costs and expenses), whether or not involving a third-party (each, a “Claim”), in connection with, relating to, or arising out of (a) the use, mis-use, abuse, of the MP Site or services by you or any of your affiliates, associates, representatives, or employees, (b) failure to properly use or limit any of the services, including any breach of these Terms or this Agreement, by you or any of your affiliates, associates, representatives, or employees, or (c) any result any of the foregoing may have on any MP Party, or any of your customers, patients, or any other third party, including without limitation any violation of the rights of any MP Party or any other person or entity. Without limiting the foregoing, you shall assume the defense of such claim at your own expense, as soon as such Claim is tendered, using nationally recognized counsel reasonably satisfactory to the Indemnified Party, and shall pay all costs associated with the defense, including attorneys’ fees and expenses. MP Parties: (i) may, at their option participate in the defense such claim; and (ii) shall have the right to approve any settlement agreement if the settlement includes or results in any admission, obligation, or liability on behalf of any of the relevant MP Parties or purports to judicially bind any of the relevant MP Parties. Notwithstanding the foregoing, in the event of an infringement Claim: (a) you shall keep the relevant MP Parties fully updated with your handling of such Claim, and (b) if you have not resolved or made significant progress in resolving an infringement Claim within 15 days after notice of such claim, the relevant MP Parties may, at their option, assume control over the defense of such claim at your expense (including, without limitation, the fees and expenses of all legal counsel) to resolve the infringement Claim.
34. Warranty Disclaimers. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW AND EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE MAKE NO, AND HEREBY SPECIFICALLY DISCLAIM ANY, REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, REGARDING THE RETREATS AND SERVICES CONTEMPLATED BY THIS AGREEMENT, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. The MP Site is provided “as is,” without warranty of any kind, either express or implied. We do not warrant that (i) the MP Site will meet all of your requirements or that performance of the MP Site will be uninterrupted, virus-free, secure, or error-free, or (ii) the content on the MP Site will be complete, accurate, or free from technical defects or changes by unauthorized third parties. We are not responsible for the accuracy or completeness of Service Provider-provided data. Medic Paradise and its Service Providers do not guarantee any specific medical or aesthetic result. You acknowledge that medical and wellness outcomes can vary based on individual physiology and that dissatisfaction with the aesthetic outcome does not constitute an 'Injury Incident' or grounds for a refund.
35. Retreat-Related Liabilities.
35.1 Injury Incidents. You (and any other person for whom you made a booking for a Retreat (a “Co-Traveller”)) agree and understand that Retreats are provided by Service Providers, not by MP. Service Providers are independent third parties that are not under the control of MP. In the event that you or a Co-Traveller is injured, killed, or suffers a loss during or in connection with a Retreat (an “Injury Incident”), you agree to seek compensation directly from the Service Provider that provided the Retreat, not from MP or its affiliates, subsidiaries, distribution partners, or their respective officers, directors, employees and agents (the “MP Parties”).
35.2 Release. YOU, ON BEHALF OF YOURSELF AND ANY CO-TRAVELLERS , HEREBY RELEASE THE MP PARTIES TO AND FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, OBLIGATIONS, DAMAGES, AND LIABILITIES, COSTS AND EXPENSES (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES), WHETHER OR NOT NOW KNOWN, SUSPECTED, OR CLAIMED, RELATING TO ANY INJURY INCIDENT, WHICH YOU EVER HAD, NOW HAVE, OR MAY IN THE FUTURE HAVE.
35.3 Unknown Claims. California Civil Code section 1542 provides as follows: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” You agree that you have read and understand this language. You specifically and expressly WAIVE any and all rights you may have under California Civil Code section 1542 (or any similar statute) as they relate to the release in this section. You acknowledge and agree that this waiver is an essential and material term of these Terms.
35.4 Covenant. You covenant and agree never to commence, prosecute, or cause, permit, or advise to be commenced or prosecuted against any MP Party, any action at law or equity, or other proceedings (including arbitration), based upon any Injury Incident. If any such prohibited action or proceeding is instituted, these Terms may be pleaded as a full and complete defense thereto.
35.5. Third-Party Beneficiaries. The MP Parties are expressly named as third-party beneficiaries to this Section 14. Each of the MP Parties has the right to enforce this Section 14 against you as this Section 14 pertains to its respective rights as a third-party beneficiary.
36. Liability Limitations
36.1 Waivers. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, WE WILL BE NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOST DATA, LOST PROFITS, LOST REVENUE OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING CONTRACT OR TORT (INCLUDING PRODUCTS LIABILITY, STRICT LIABILITY AND NEGLIGENCE), AND WHETHER OR NOT WE WERE OR SHOULD HAVE BEEN AWARE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY STATED HEREIN.
36.2 Maximum. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IF MEDIC PARADISE IS HELD LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF OR RELATED TO THESE TERMS (INCLUDING YOUR USE OF MEDIC PARADISE’S SERVICES, YOUR PARTICIPATION (OR NON-PARTICIPATION) IN A RETREAT, OR AN INJURY INCIDENT), THEN MEDIC PARADISE’S LIABILITY WILL IN NO EVENT EXCEED, IN THE AGGREGATE, THE GREATER OF (A) THE SUM PAID TO MEDIC PARADISE IN CONNECTION WITH THE RETREAT GIVING RISE TO THE CLAIM (IF APPLICABLE), OR (B) TWO HUNDRED DOLLARS (US $200.00).
36.3 Allocation of Risk. THE PARTIES ACKNOWLEDGE AND AGREE THAT THE PROVISIONS IN THIS SECTION B3 REPRESENT A REASONABLE ALLOCATION OF RISK AND THAT MEDIC PARADISE WOULD NOT ENTER INTO AN AGREEMENT ABSENT SUCH PROVISIONS. In no event shall we be liable to you for any acts or omissions of any Service Provider.
37. Governing Law and Jurisdiction; Class Action Waiver and Mandatory Arbitration.
37.1. Governing Law; Dispute Resolution. This Agreement shall be governed by and construed in accordance with the laws of the State of California, United States without regard to conflicts of laws principles of any jurisdiction. Any Dispute arising out of or relating to the Agreement will be resolved in accordance with this Section 37. Either Party may initiate the dispute resolution procedure of this Section 37.1. by written notice of a Dispute to the other Party.
37.2. Negotiations. In the event of any Dispute, the Parties agree to first attempt to resolve the matter through good faith negotiations. Each party will nominate an executive or other representative who will meet to try to resolve the Dispute. If the Parties are unable to resolve such Dispute within thirty (30) Business Days after such Dispute was first referred to them, either Party may submit the Dispute for resolution by arbitration under Section 37.3.
37.3. Arbitration. All disputes, claims, or controversies arising out of or relating to these Terms or the Agreement that are not resolved by the procedures identified above shall be resolved by individual (not group) binding arbitration to be conducted before JAMS in accordance with the JAMS Streamlined Arbitration Procedure Rules for claims that do not exceed $250,000 and the JAMS Comprehensive Arbitration Rules and Procedures for claims exceeding $250,000 in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions. Arbitration will be held in Los Angeles, California, and Customer and MP agree to submit to the personal jurisdiction of any federal or state court in Los Angeles, California in order to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including but not limited to any claim that all or any part of these Terms are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
Payment for all filing, administration and arbitrator fees will be governed by the rules of the applicable arbitration administrator, provided, that MP will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Customer is responsible for all other additional costs that Customer may incur in the arbitration including but not limited to attorneys’ fees and expert witness costs unless MP is otherwise specifically required to pay such fees under applicable law. If Customer’s claim is solely for monetary relief of $10,000 or less, and does not include a request for any type of equitable remedy, Customer may choose whether the arbitration will be conducted solely based on documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing.
Customer and MP agree that the arbitration shall be conducted in the party’s respective individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. CUSTOMER AND MP AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN CUSTOMER’S OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Notwithstanding the parties' decision to resolve all disputes through arbitration, Customer or MP may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court with jurisdiction or in the U.S. Patent and Trademark Office to protect Intellectual Property Rights. Customer or MP may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction to the extent such claims do not seek equitable relief.
Customer has the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of Customer’s decision to opt out to MP through the Communication Tools. The notice must be sent within thirty (30) days of (a) the “Last Updated” date of these Terms as set forth above; or (b) the first date that Customer used the MP Site that contained any versions of these Terms that included this version of the mandatory arbitration and class action waiver, whichever is later. Otherwise, Customer shall be bound to arbitrate disputes in accordance with the terms of these paragraphs. If Customer opts out of these arbitration provisions, MP also will not be bound by them. If MP changes this ‘Arbitration’ section after the date Customer first accepted these Terms (or accepted any subsequent changes to these Terms), Customer may reject any such change by sending us written notice within 30 days of the date such change became effective, as indicated in the “Last Updated” above or in the date of MP’s email to you notifying you of such change. By rejecting any change, Customer is agreeing that Customer will arbitrate any dispute between Customer and MP in accordance with the provisions of this section as of the date Customer first accepted these Terms (or accepted any subsequent changes to these Terms).
CUSTOMER UNDERSTANDS AND AGREES THAT THE ABOVE DISPUTE PROCEDURES SHALL BE VENDOR’S SOLE REMEDY IN THE EVENT OF DISPUTE BETWEEN CUSTOMER AND MP REGARDING ANY ASPECT OF THE MP SITE AND SERVICES AND THAT CUSTOMER IS WAIVING CUSTOMER’S RIGHT TO LEAD OR PARTICIPATE IN A LAWSUIT INVOLVING OTHER PERSONS, SUCH AS A CLASS ACTION.
38. General
These Terms constitute the entire agreement between you and Medic Paradise and govern your use of the MP Site and the Services, superseding any prior agreements between you and Medic Paradise with respect to the MP Site and Services. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third party content or third-party software. These Terms will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth in Section 16 above, you and Medic Paradise agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Los Angeles County, California. The failure of Medic Paradise to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the MP Site, the Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign, transfer, or sublicense these Terms or any rights or obligations hereunder without the prior written consent of Medic Paradise, which may be withheld in its sole discretion. Medic Paradise may freely assign or transfer these Terms, in whole or in part, without restriction or notice to you. The section titles in these Terms are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. Under no circumstances shall Medic Paradise be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control. The MP Site may also provide notices to you of changes to these Terms or other matters by displaying notices or links to notices generally on the MP Site.
Exhibit A
Definitions
Affiliate
means an entity or individual that directly or indirectly controls, is controlled by, or is under common control, with another entity or individual. Control, in this context, refers to the possession of the power to direct or cause the direction, in whole or in part, of the management and policies of an entity, whether through ownership of voting securities, by contract, or otherwise. Affiliates are typically characterized by a close association, often involving shared interests or objectives, between the entities or individuals involved.
Booking
means a purchase of Services by a Customer via the MP Site.
Business Day
means Monday through Friday of each week, except for holidays observed in Berlin, Germany.
Chargeback
means a credit card (or equivalent) chargeback or any other reversal of a transfer of funds.
Communication Tools
means the tools provided on the MP Site, or otherwise, to enable communication: (i) between Service Provider and a Customer, or (ii) between MP and Service Provider.
Completed Booking
means a Booking which has resulted in the actual provision of Services by the Service Provider to the Customer.
Confidential Information
means information about the disclosing Party’s business, products, technologies, strategies, customers, finances, operations or activities, including all business, financial, technical and other information disclosed by the disclosing Party. Confidential Information will not include information that the receiving Party can establish: (i) is in or enters the public domain without breach of this Agreement, (ii) the receiving Party lawfully receives from a third party without restriction on disclosure and without breach of a nondisclosure obligation or (iii) the receiving Party knew prior to receiving such information from the disclosing Party.
Communication Tools
means the tools provided on the MP Site, or otherwise, to enable communication: (i) between Service Provider and a Customer, or (ii) between MP and Service Provider.
Completed Booking
means a Booking which has resulted in the actual provision of Services by the Service Provider to the Customer.
Confidential Information
means information about the disclosing Party’s business, products, technologies, strategies, customers, finances, operations or activities, including all business, financial, technical and other information disclosed by the disclosing Party. Confidential Information will not include information that the receiving Party can establish: (i) is in or enters the public domain without breach of this Agreement, (ii) the receiving Party lawfully receives from a third party without restriction on disclosure and without breach of a nondisclosure obligation or (iii) the receiving Party knew prior to receiving such information from the disclosing Party.
Content Modifications
means all adaptations, translations, or other modifications that MP makes (or has made by third parties) to the Service Provider Content.
Customer
means an end-user who purchases or uses Services provided by a Service Provider via the MP Site or any person who receives Services from a Service Provider as a result of a Booking made via the MP Site.
Customer Agreement
means the agreement that governs the relationship between MP and a Customer who purchases Service Provider Services from the MP Site, and such agreement may be updated by MP from time to time. The “Customer Terms of Service” found here [https://medicparadise.com/pages/t-c-patient] is incorporated into the Customer Agreement. MP and Customer are the sole parties to the Customer Agreement; Service Provider is not a party thereto.
Customer Personal Data
means the name, mailing address, telephone number, e-mail address, credit card information, IP address, order and order processing information, and any other non-public, identifying information about Customers available to Service Provider as a result of Service Provider’s relationship with MP or any purchase of Services by Customers.
Data Protection Laws
means any Law, statute, declaration, decree, directive, legislative enactment, order, ordinance, regulation, rule or other binding restriction (as amended, consolidated or re-enacted from time to time) that relates to the protection of individuals with regards to the processing of personal data, including GDPR and all laws promulgated thereunder.
Dispute
means any and all disagreements, controversies, or claims of any sort between the Parties arising out of, or in any way relating to, this Agreement, any of the Parties’ respective rights and obligations arising out of this Agreement, or the making, performance, breach, interpretation, or termination of this Agreement, including any claims based in tort.
Facilities: Wellness Facility
means any health, wellness, rehabilitative, aesthetic, therapeutic, holistic, or non-surgical establishment providing elective, preventive, or lifestyle-enhancing services that do not require invasive procedures or general anesthesia.
Services may include physical therapy/physiotherapy, massage therapy or massage parlours, PRP, IV therapy, skin and laser care, body contouring, nutritional and weight-management programs, detox therapies, hormone or anti-aging programs, aesthetic treatments, and other non-invasive regenerative wellness services.
This category includes wellness centers, medi-spas, massage facilities, physical therapy and rehabilitation centers, integrative wellness facilities, aesthetic centers, and similar non-surgical establishments.
Facilities: Medical Facility
means any licensed medical establishment providing surgical, diagnostic, interventional, or physician-directed medical services regulated under applicable healthcare laws.
Services may include elective or reconstructive surgery, hair restoration surgery, orthopedic or dental treatment, medical imaging, diagnostic testing, minimally invasive procedures, regenerative medical treatments requiring clinical oversight, and anesthesia-based care.
This category includes hospitals, surgical centers, licensed medical offices, and specialty medical facilities.
Clarification Regarding Facilities: For clarity, “Facility” refers to independently operated wellness or medical establishments. Medic Paradise does not own, operate, or control any Facility and does not provide medical or clinical services. All treatment, care, and services are performed solely by independent licensed providers where required by law.
Force Majeure Situation
means circumstances beyond a person or entity’s reasonable control, including earthquakes, floods, fires, other natural catastrophes, acts of war (whether declared or not), acts of terrorism, riots, civil disturbances, pandemics, epidemics, government actions, nuclear or chemical contamination, electrical or internet outages, failures of public infrastructure, and strikes.
Full Refund
means, with regard to a Booking, that: (i) MP will refund to the Customer the full amount paid for the Booking, Service Provider will either receive no payment, or, if Service Provider has already been paid, then the payment for the Booking will either be deducted from any amounts due to Service Provider in the following month or such amounts paid by MP to Service Provider in connection with the Booking will be paid back directly to MP.
GDPR
means General Data Protection Regulation (EU) 2016/679.
Indemnified Party
means an entity (either Service Provider or a MP Party) who seeks indemnification protection pursuant to Section 10 of the Agreement.
Indemnifying Party
means the Party requested to provide indemnification protection pursuant to Section 10 of the Agreement.
Intellectual Property Rights
means all copyright, trade secret, trademark, patent, database, moral rights, or other intellectual property rights recognized by the laws of any jurisdiction or country.
Law
means (i) all laws, statutes, regulations, ordinances, rules, orders, and directives of any governmental authority, applicable to the conduct, activities, and business operations of the parties involved, including but not limited to: local, state, provincial, national, and international laws, as well as any legally binding judgments, decrees, and injunctions, that are in effect during the term of this Agreement and pertain to the rights and obligations of the parties under this Agreement, and (ii) Relevant Requirements.
MP Content
means all content on the MP Site, including customer reviews and Content Modifications, but excluding the Service Provider Content.
MP Content Guidelines
accessible here: https://medicparadise.com/pages/patients-content-guidelines
MP Site
means the internet booking platform operated by MP accessible via www.medicparadise.com, and all related websites, affiliate websites, apps, tools, and platforms, devices, or other facilities.
MP Service Fee
means a service fee charged by MP to Customers to process Bookings made via the MP Site.
MP Parties
means MP and its Affiliates, and advertising platforms, and each of their respective officers, directors, employees and agents.
Login Credentials
means the user IDs, passwords, and any other information used to access the Service Provider Account(s).
No Show
means a Customer who fails to appear for booked Services through no fault of Service Provider.
Party
means either Service Provider or MP, as appropriate; “Parties” means both Service Provider and MP.
Payment Service Provider
means a payment service provider appointed by MP.
Product Offer
means an offer on the MP Site stating that Service Provider will make a specific Service available at a specified Retail Price. A Service does not need to be listed on the MP Site to be considered a Product Offer, and includes all Services offered to Customer’s through MP.
Prohibited Content
means content that: (i) contains a virus, worm, or other harmful code, (ii) violates any Law, (iii) infringes the rights of any third party, including privacy rights, (iv) is pornographic, obscene, insulting, objectionable or otherwise inappropriate, or (v) or is defamatory or libelous.
Relevant Requirements
means any anti-slavery, anti-human trafficking, anti-corruption, or anti-bribery law, or any trade or financial sanctions, administered, enacted, or enforced by: (i) the United States of America, (ii) the United Nations Security Council, (iii) the European Union or any of its member states, or (iv) any country within the United Kingdom.
Remnant Booking
means a Booking made prior to the termination date of this Agreement, but that is scheduled to be completed after the termination date of this Agreement.
Retail Price
means the retail price (including any Taxes and fees, but excluding the MP Service Fee) at which Services will be sold to Customers through the MP Site.
Review Reply Guidelines
are accessible under: [URL]
Services
means the Service Provider’s services offered by Service Provider through the MP Site, which may include, as applicable, medical services.
Services Availability
means Service Provider's inventory of Services that are immediately available for Customers to book via the Platform.
Statement
has the meaning given in Section 4.5 of the Agreement.
Taxes
means any and all taxes, including sales, use, excise, value added (VAT), consumption, or other tax, duty, imposition, levy, fee or charge, however designated, imposed or collected by any governmental entity, whether currently in effect or adopted or implemented hereafter, but excluding any income-based tax applicable to MP.
Service Provider
means a person acting in their professional capacity or entity entering into this Agreement with MP and any individual acting on behalf of the entity.
Service Provider Account
means Service Provider’s account with MP.
Service Provider Content
means any content provided by Service Provider to MP, via the MP Site or otherwise, including Product Offers, photographs, videos, and postings.
Service Provider Marks
means the logos, trademarks, and tradenames used by Service Provider in connection with the Services.
Service Provider’s Payment Account
means Service Provider’s bank account into which MP may transfer payments.