TERMS OF USE

Who are we?

You are entering into this agreement with My Medical Gateway ("MMG", "we", "our", and "us"). My Medical Gateway is the trading name of My Medical Gateway International Limited a private limited company incorporated and registered in Hong Kong with company number 77077446 and registered office at Suite 1201A, 12/F Far East Consortium Building, 121 Des Voeux Road, Central, Hong Kong. Other entities that directly or indirectly control, are controlled by, or are under common control with MMG are referred to in these terms as "MMG Group Companies". Our website www.mymedicalgateway.com ("Platform") is owned, operated and monitored by MMG.

We connect individuals, residing exclusively within the United Kingdom, with healthcare providers based in the European Union through our Platform (our "Services").

We are not a medical service provider, healthcare provider, healthcare insurance provider or healthcare agent and we are at no times responsible for any of the healthcare services which are presented on, and made available via, our Platform ("Healthcare Services" or "Treatments"). All such Healthcare Services are provided by accredited independent healthcare providers based in the European Union that are bound by MMG's Healthcare Provider Terms and Conditions ("Healthcare Providers").

About these Terms

These terms and conditions ("Terms") govern your access to and use of our Services and Platform, together with our Privacy Policy and Cookie Policy.

By accessing or using the Services or Platform, you are confirming that you have read, understood and agreed to these Terms, our Privacy Policy and our Cookie Policy.

If any part of these Terms are, or are deemed to be, unlawful, void, invalid, illegal, or for any reason unenforceable under applicable laws, that part will not affect the validity and enforceability of the remaining parts. Any failure by us to enforce our rights or remedies under these Terms or otherwise, is not a waiver of those or any other rights or remedies.

We may amend these Terms and Conditions at any time at our discretion. If any of the Terms are amended, we will publish the revised Terms and Conditions. Continuing use of our Services or Platform amounts to acceptance of all amendments.

If you have any questions about the Platform, please in the first instance read the FAQs or contact us by email at info@mymedicalgateway.com.

The language used is formal as it is necessary to keep these terms as brief and clear as possible. As you work through these Terms, we have set out clearly what we are asking you to do and what we will do for you. Capitalised terms have the meanings provided below:

The Treatment Process

This section outlines your use of our Platform and the role of our Services within your wider treatment process ("Treatment Process"). You are encouraged to read this section in detail before proceeding with the Treatment Process so that you are fully informed of what to expect and what steps are required of you.

1. Introduction and Sign Up

You will be invited to provide your basic details on the Platform. This will include your title, first name, last name, date of birth and email address. Your data will be collected and handled at all times in accordance with our Privacy Policy.

2. Agree to our Terms of Use

You will be presented with these Terms of Use, as well as details of the Treatment Packages and the step-by-step process for onboarding and arranging your desired Treatment Package. You are advised to read these Terms of Use in detail and only proceed once you are comfortable that you understand what will be required of you.

By agreeing to these Terms of Use you consent to your personal data being shared with the Healthcare Providers as necessary in order to provide you with the Treatment Package. For more information on how we handle your personal data, please visit our Privacy Policy.

3. We collect information from you and the Healthcare Providers

We invite Healthcare Providers to advertise specific Treatments, together with ancillary services required for medical travel, on our Platform ("Treatment Packages"). Please refer to the section headed "Treatment Package" below for information on what is included in a standard Treatment Package. Not all Treatment Packages are the same and each Treatment Package will vary depending on the relevant Treatment. Please check each Treatment Package for specific and detailed information of your treatment.

The information presented on our Platform includes the total estimated price of the Treatment Packages offered by the Healthcare Provider ("Treatment Price"). This price is intended to be final. In the exceptional circumstances that you require additional Healthcare Services beyond those included in your Treatment Package, the Healthcare Provider must only charge you with your informed and express consent.

You will be asked to select circumstances which most accurately reflect your progress in obtaining a diagnosis. This will assist us in presenting you with the most relevant Treatment Packages and speeding up the Treatment Process.

The Healthcare Providers are solely responsible for the information they submit to the Platform. We are not responsible for the accuracy of the information presented on our Platform.

4. We present Healthcare Providers offering your required Treatment Package

Once you have accepted these Terms and provided information relating to your circumstances, our Platform will present Healthcare Providers offering the Treatment Package you require.

In line with our Privacy Policy, your name and email address may be shared with the Healthcare Providers that from your search results on a secure database so as the Healthcare Providers can expect a booking and manage their capacity accordingly.

5. You select and view your preferred Treatment Package

Once you have selected a Treatment Package from our platform, we will provide you with a breakdown of the Treatment Package and Treatment Price.

6. Agree Your Healthcare Contract

If you wish to proceed with a Treatment Package, you will be provided with a contract between you and the Healthcare Provider for the provision of Treatment Package ("Healthcare Contract"). The Healthcare Contract will comprehensively set out the terms of your Treatment Package subject to any required changes following receipt of any further information requested by Healthcare Provider.

Please note, certain terms of the Healthcare Contract such as duration of stay and Treatment Price may change following the Healthcare Provider's review of the Diagnostic Data you provide to them (as outlined below). The Healthcare Provider may require wet ink signatures of the Healthcare Contract upon arrival at their medical centre. They may also request further agreements, consents or waivers as required for provision of the Treatment Package. Subject to any subsequent amendments, you shall be bound by the Healthcare Contract upon acceptance.

The Healthcare Contract will be between you and the Healthcare Provider only and may be subject to the relevant laws of the Healthcare Provider's jurisdiction. We accept no responsibility or liability for the Healthcare Contract and so it is important that you understand their terms and conditions in detail.

7. You make an Initial Payment

Following confirmation that you have entered into the Healthcare Contract, we will redirect you to our Payment Service Provider to make an initial payment equal to 10% of the Treatment Price (the "Initial Payment").

The Initial Payment shall be refundable in accordance with the section headed Payment and Cancellations below and will consist of:

1. An administration, transaction and service fee ("ATS Fee") equal to 5% of the Treatment Price, payable by the Healthcare Provider to MMG, which covers MMG's involvement in arranging the Treatment Process up to this stage and your access to the information presented on the Platform; and
2. A deposit payment equal to 5% of the Treatment Price ("Deposit").

Under English Consumer Law, you are entitled to a 14-day Cooling OFF period after making a payment for the provision of services, and before the services are rendered, during which time you are entitled to cancel the services for any reason without making payment ("Cooling OFF Period").

Your payment of the Initial Payment confirms your acceptance of the Healthcare Contract and by paying the Initial Payment, you accept that any further payments made after 14 days of the Initial Payment may not be eligible for a refund.

Your payment of the Initial Payment does not guarantee your Treatment will take place. At this stage, the relevant Healthcare Provider is yet to review your Diagnostic Data and confirm the Treatment. A Healthcare Provider may, at its own discretion, decide not to provide you Healthcare Services. Should that happen before you make a contract with the Healthcare Provider, your Initial Payment will be refunded in full. Please refer to the section headed Payments and Cancellations for detailed information.

We do not collect, store or hold your money. We rely on the Payment Service Provider to collect payment from you and distribute it to MMG and the Accredited Healthcare Provider.

8. You share your Diagnostic Data with the Healthcare Provider

Upon receipt of the Initial Payment by the Payment Service Provider, the Healthcare Provider will request you provide the results from privately obtained diagnostic data so they can assess your eligibility and requirements for the Treatment.

The NHS often refuses to share diagnostic data with patients who intend to seek treatment in a private hospital. You will therefore be required to provide privately obtained diagnostic data so that your Healthcare Provider may carry out their remote examination.

You will then have 6 weeks to:

1. obtain up-to-date diagnostic data from a UK diagnostic test provider as required by the Healthcare Provider ("Diagnostic Tests"); and
2. provide the results of the Diagnostic Tests ("Diagnostic Data") to the Healthcare Provider.

We will not collect or store your Diagnostic Data at any time. If we are required to collect any personal data, we will do so in accordance with our Privacy Policy.

You are solely responsible for obtaining the Diagnostic Data. If you fail to provide your Diagnostic Data to the Healthcare Provider within 6 weeks, your Treatment will not be guaranteed and you may lose your Initial Payment.

We will endeavour to assist you in this process by sending you reminders up until the 6-week deadline and we may recommend diagnostic test providers to you on our Platform. We receive no commission from these diagnostic test providers, and we make no representation or warranty as to their quality, availability or adequacy.

If you fail to provide the Diagnostic Data within 30 days and notify the Healthcare Provider that you no longer wish to proceed to Treatment, you will be refunded your Initial Payment in full.

Once you have provided your Diagnostic Data to the Healthcare Provider, the Healthcare Provider will examine your Diagnostic Data and confirm or decline your Treatment or ask you to supply further tests to confirm your remote diagnosis.

If your Treatment is declined by the Healthcare Provider, your Initial Payment will be refunded to you in full.

9. You arrange a Treatment Date with the Healthcare Provider

If approved for Treatment, you will be presented with three available dates for the Treatment within 6 weeks of approval. If you are unable to attend any of these three optional dates for Treatment, the Healthcare Provider will provide further options until you are able to agree a date for Treatment.

10. You pay the outstanding balance

Once you have agreed a Treatment Date with the Healthcare Provider, you will be required to pay the balance of the Treatment Price by no later than 14 days prior to the Treatment Date. Subject to the terms of your Healthcare Contract, payment of the Treatment Price will secure your Treatment Date and shall become non-refundable immediately following payment.

MMG will be entitled to a commission (equivalent to 10% of the Treatment Price) which will be contained within the Treatment Price and paid to MMG by the Healthcare Provider ("MMG Commission").

The remainder of the Treatment Price will be subject to the terms of the Healthcare Contract between you and the Healthcare Provider. You must therefore read the Healthcare Contract in detail and any of the Healthcare Provider's terms and conditions.

It is strongly advised that you have adequate insurance cover for your medical travel.

The Healthcare Providers will prioritise your welfare at all costs. Issues can arise at any point prior to the Treatment Date that could result in your Treatment being cancelled by the Healthcare Provider or separate additional Treatments (not included in the Treatment Package) being required at your own cost. We accept no liability for additional costs incurred outside of the Treatment Package and any such engagements will be arranged independently between you and the Healthcare Provider.

11. We leave you in the hands of your Healthcare Provider

Once you have paid the balance of the Treatment Price, MMG will have carried out its Services under these Terms. Your engagement and communications thereafter will be with the Healthcare Provider directly. Any services beyond this point, including communication with you and your Elected Healthcare Provider, are complementary.

Nonetheless, we understand that medical travel can be a stressful process, and you may require our support during the rest of the Treatment Process. Included in the Treatment Package, we require the Healthcare Provider to make available an English-speaking Customer Care Coordinator to assist you with any issues or queries that arise during your Treatment Process, including concerning your transfers on arrival and options for local accommodation. This will always be subject to the terms of your Healthcare Contract.

Payment and Cancellations

Payments

We do not process payments directly and we do not hold any of your payment information. All payments are handled through our Payment Service Provider and you are encouraged to read the terms and conditions of the Payment Service Provider prior to making any payments.

We will request an Initial Payment before putting you in contact with the Healthcare Provider. The Initial Payment to the Healthcare Provider equates to 10% of the Treatment Price and is broken down as follows:

1. ATS Fee (payable by the Healthcare Provider to MMG): 5% of the Treatment Price, consists of three components:
   1. Administration fee: This covers the cost of managing and processing the initial steps of the Treatment Process, including data management, communications with the Healthcare Provider, advertising Healthcare Services and other administrative tasks required to commence the Treatment Process.
   2. Transaction fee: This charge specifically relates to organising payment through the Payment Service Provider.
   3. Service fee: This covers the cost of any additional services provided beyond the basic administration of the Treatment Process, such as customer support, account management or bespoke features of a Treatment Package.
2. Deposit (retained by the Healthcare Provider): 5% of the Treatment Price, which is retained for the benefit and security of the Healthcare Provider and their commercial interests.

You will then be requested to pay the balance of the Treatment Price. Your payment of the Initial Payment constitutes an agreement to pay the remaining balance of the Treatment Price by no later than 14 days before the Treatment Date. If you fail to pay the balance of the Treatment Price after 14 days before the Treatment Date, your Treatment will be cancelled, and you may not be entitled to have the Initial Payment refunded.

The remaining balance of the Treatment Price equates to 90% of the total Treatment Price and is broken down as follows:

1. Treatment Balance: 80% of the Treatment Price is payable to the Healthcare Provider for the Treatment Package.
2. MMG Commission: 10% of the Treatment Price payable by the Healthcare Provider to MMG by the Healthcare Provider as consideration for facilitating the Treatment Process.

Cancellations

If you cancel your Treatment within 14 days of the Initial Payment, the Initial Payment will be refunded in full in accordance with Consumer Laws.

If you have not provided the Diagnostic Data within 30 days following Initial Payment and you cancel the Treatment, your Initial Payment will be refunded in full.

Once you have provided your Diagnostic Data, the Initial Payment will not be eligible for a refund as the Healthcare Provider will have already started reviewing the Diagnostic Data (subject always to your 14 day statutory Cooling OFF Period).

If you fail to provide Diagnostic Data within 6 weeks, you will lose your Treatment and the Initial Payment will not be eligible for a refund.

Following payment of the balance of the Treatment Price, the Treatment Price will be non-refundable (subject to the terms of your Healthcare Contract).

Should the Treatment Package require a longer stay, or additional services not foreseeable at the time of agreement, we shall not be held liable for any additional costs associated with such adjustments.

If your Treatment is cancelled by the Healthcare Provider following payment of the Treatment Price, your eligibility for a refund will be subject to the Healthcare Contract. We accept no liability for cancellations by the Healthcare Provider and we strongly advise you to read the Healthcare Contract carefully.

Please check your contract with your Elected Healthcare Provider for its cancellation policy relating to the Treatment Price.

If your Treatment is cancelled due to an error caused by MMG, we will be liable to you up to the full Treatment Price only. This is the maximum extent of our liability to you, and we accept no liability for any additional costs incurred from a cancelled Treatment.

Sharing your data

Throughout the provision of our Services, we will collect, handle, and process personal data you provide in compliance with applicable data protection laws and our Privacy Policy.

We will only share your personal data with the Healthcare Providers for the purpose of arranging your Treatment Package. When you search for a Treatment Package on our Platform, your name and date of birth will be shared with the Healthcare Providers who appear on a search. This is to allow the Healthcare Providers to prepare in case you opt for their Treatment Package, and to allow them to manage their capacity and monitor the demand for certain Treatment Packages.

You may request we remove your personal data at any time in accordance with our Privacy Policy. In such circumstances, we will remove your personal data (subject to the relevant data laws of the Healthcare Providers) from all databases shared with the Healthcare Providers.

We take your privacy seriously and operate in accordance with applicable Data Protection Laws. You acknowledge that Personal Data (as defined in our Privacy Policy) which you submit to or via our Services or Platform may be used by us in accordance with our Privacy Policy. You agree to ensure that all Personal Data you provide to us is accurate and up to date and that you have all consents, licences or approvals necessary to allow us to use that information in accordance with these Terms and our Privacy Policy.

During the Treatment Process, we will request the minimum required information to assist in organising your Treatment including details of your required Treatment, existing conditions or co-morbidities and your telephone number so that you may be reached by your Healthcare Provider for any further information required to pre-qualify you for Treatment. Any required information must be accurate and up-to-date to ensure the Treatment Process is carried out safely and efficiently.

To the extent that our Services or Platform allow you to post, upload, transmit or otherwise make available any information, images, video, or other data with MMG or the Healthcare Providers ("User Content"), you agree that:

1. you are solely responsible for User Content that you upload and you represent and agree that you will not share anything which you do not have the permission or right to share or for which you cannot grant the licence in paragraph 2 below;
2. although all intellectual property rights subsisting in any User Content will be owned by you or your licensors and you are always free to share your User Content with anyone else, you hereby grant MMG and the Healthcare Providers a non-exclusive, perpetual, royalty-free, worldwide, transferrable and sub-licensable right to host, use, reproduce both electronically and otherwise, and translate all such User Content (in accordance with our Privacy Policy). You are in control of the User Content you upload to the Platform and can terminate this licence at any time by either deleting the User Content or your Platform Account. Deleted User Content will be promptly removed within 48 hours.
3. we are under no obligation to store, retain, publish or make available any User Content uploaded by you and that you shall be responsible for creating backups of your own User Content.

If you provide us with any suggestions, comments, improvements, ideas or other feedback ("Feedback"), you hereby irrevocably assign ownership of all intellectual rights subsisting in that feedback to us and acknowledge that we can share such Feedback for any purpose at our discretion. You can provide feedback to us by sending an email to info@mymedicalgateway.com.

Where you sign up to our Services or Platform with a log-in account or password, you are responsible for keeping those password and log-in details confidential and secure. You must not share your password, PIN, one-time links or any other verification codes we make available to you with any third party. If you become aware, or suspect for any reason, that the security of your log-in details has been compromised, please let us know by email at info@mymedicalgateway.com.

Permitted use

You may only use our Services and Platform in compliance with applicable laws and for legitimate purposes.

In consideration of you agreeing to these Terms, we grant you a non-transferable, non-exclusive licence to download, access and use our Services and Platform for your own personal, non-commercial purposes and for no other purpose. We grant this licence subject to you agreeing that you shall not:

1. use our Services or Platform for any purpose that is improper, unlawful, or to post, share or transmit any material that (i) is misleading, (ii) is misrepresentative as to your identity, or (iii) you do not otherwise have any rights or permissions you need to make available;
2. use our Services or Platform to simulate communications from us or another service or entity in order to collect identity information, authentication credentials, or other information;
3. use our Services or Platform to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing;
4. use our Services or Platform for any commercial purpose or in any manner which may cause damage to MMG or bring MMG into disrepute;
5. use any unauthorised computer program, software agent, bot, spider or other software or application to scan, copy, index, sort or otherwise exploit our Services or Platform or the data contained on them;
6. disassemble, reverse engineer or otherwise decompile any software, applications, updates or hardware contained in or available via our Services or Platform;
7. copy, distribute, communicate to the public, sell, rent, lend or otherwise use our Services or Platform, or seek to violate or circumvent any security measures in place to restrict your access to or use of our Services or Platform;
8. use or interfere with our Services or Platform in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; or
9. remove, alter or replace any notices of authorship, trade marks, business names, logos or other designations of origin on our Services or Platform, or pass of or attempt to pass on our Services or Platform as the product of anyone other than MMG.

MMG has made a substantial investment in collecting, processing and presenting Healthcare Services and Healthcare Providers, and offers access to data on a commercial API basis, so any breach of this provision is a material breach of these Terms and MMG reserves the right to take any technical or legal action to detect and restrict unauthorised automated access to our Services and Platform.

You may not use our trade marks, logos or trade names except in accordance with these Terms. Where we give permission to use our trade marks, logos or trade names, you shall do so only in accordance with our brand guidelines, which are available on request.

Our Services and Platform are not intended for children under 18 years of age, and no one under the age of 18 may provide any information to or via our Services or Platform. We do not knowingly collect personal information from children under the age of 18, and if we learn that we have collected or received information from children under 18, and if we learn that we have collected or received personal information from a child under 18, we will delete that information in accordance with our Privacy Policy.

Accuracy of information on our Platform

We are not medical professionals nor are we regulated or authorised by any supervisory body, medical or otherwise.

While we attempt to ensure information on the Platform is accurate we cannot promise that it will be. Furthermore, we cannot promise that the Platform will be fit or suitable for any purpose. Any reliance that you may place on the information on the Platform is at your own risk.

None of the information concerning third parties presented on our Platform (whether Healthcare Providers or otherwise) constitutes medical, financial or legal advice or any other type of advice.

Any Healthcare Providers or other businesses, services, products, or medical procedures listed on the Platform are listed for your information only and their presence on our Platform does not (and should not be considered to) constitute any endorsement or recommendation on our part. You must undertake your own investigations (including, where appropriate, directly with the relevant healthcare provider or business) in respect of services, procedure, and procedures offered and as such we accept no responsibility for any loss which you suNer in respect of any products, services or procedures offered by any healthcare provider or business listed on our Platform.

While we try to make sure that the Platform is available for your use, we do not promise that the Platform is available at all times, nor do we promise you the uninterrupted use of the Platform. We may suspend or terminate operation of the Platform as we see fit.

Limitation on our liability

Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or those arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any losses that:

1. were not foreseeable when these Terms were formed; or
2. were not caused by any breach on our part; or
3. are business losses; or
4. are losses to third parties.

We accept no liability on behalf of the Healthcare Providers, nor any other businesses advertised on our Platform, nor do we accept any liability for the provision of the Healthcare Services.

We shall have no liability to you for any breach of these Terms caused, or materially contributed to, by any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion, accident or pandemic.

Healthcare Standards

Prior to being admitted to our Platform, we require all prospective healthcare providers to confirm they:

1. are legally incorporated, certified and regulated in accordance with the laws of the Relevant Country in which they are located and in conformity with relevant EU Regulations and Directives;
2. have standards of performance and treatment metrics that a qualified medical health professional would reasonably aver is "good" or better (please see the General Medical Council's guidance of what is considered "good" medical practice here);
3. are in "good standing" and not subject to any sanctions or fines by public, regulatory, private or insurance institutions for non-performance or non-compliance with relevant law at the time of being accredited by MMG;
4. are accredited to at least one national or international healthcare insurance provider;
5. have insurance cover for the specific Treatments advertised on the Platform;
6. fully accept and endorse our concept of a "Treatment Package" and incorporate all of its components into their Healthcare Contracts;
7. only nominate and carry out Treatments to users of the Platform at hospitals physically located within the European Union that are equipped with (or within a ten-minute drive of) a full Emergency Suite.
8. agree to MMG's Healthcare Terms and Conditions that set out and require adherence to the highest ethical standards and provision of quality healthcare; and
9. agree to inform MMG if any of the above assurances should change in any way whatsoever.

These Healthcare Standards are in no way to be interpreted as an assurance, guarantee, warranty or endorsement of the Healthcare Providers or Healthcare Services.

Treatment Package

For illustrative purposes only, we have set out what will be included, may be included, and will not be included in a standard Treatment Package below.

A Treatment Package will always include:

1. the onboarding of the patient, including checking all diagnostic data provided and registering them in their hospital booking system;
2. the provision of a local English-language speaking professional to each patient to be their first point of contact for questions or concerns relating to their Treatment Package;
3. transfer to and from the airport in the Relevant Country, on arrival and departure;
4. a pre-operative medical check-up and any additional tests or consultations necessary for final approval for Treatment;
5. full costs of the Treatment, including the surgeon, anaesthetist, attendant nurses, operating theatre fees, medication and drugs and any nights spent at the relevant hospital;
6. appropriate medical checks prior to discharge of the patient;
7. post-operative remote checks by you on or before the 90^th Day from the Treatment Date to ensure the Treatment has been successful ("Post-Op Checks").

A Treatment Package may include further specific services depending on the specific Treatment. For example, this may include post-operative care (e.g. physiotherapy) if this is integral to the Treatment and would be included in the Treatment Price (including transfers to and from the place of such Treatment.

The Treatment Package will not include:

1. travel to and from the Relevant Country in which the Treatment is taking place;
2. Diagnostic Tests carried out domestically prior to the Treatment (unless specifically agreed otherwise);
3. accommodation and sustenance within the relevant country (outside of any hospital stay); and
4. the cost of scans and test for the 90-day Post-Op Checks.

Complaints

If your complaint is about a Healthcare Service or Treatment Package you have purchased via our Platform, you should complain directly to the relevant Healthcare Provider who supplies or supplied that service via their complaints procedure which can be found on their website. We cannot answer complaints on behalf of a Healthcare Provider or accept responsibility for any such complaints.

If you have a complaint about our Services or Platform, please contact us by email at info@mymedicalgateway.com within 12 months of becoming aware of the event complained about and we will get in touch with you within three working days. Always include your name, postal address and email address. Please also explain why you are unhappy in as much detail as possible. If we do not have enough information to investigate your complaint, we will try and contact you to ask for further details.

Disputes

If you are unhappy with us, please contact us as soon as possible.

If you are unsatisfied by how we have handled your complaint and you wish to raise a dispute, we will try to resolve any such disputes with you quickly and efficiently.

If you want to pursue legal action, the relevant courts of England and Wales will have exclusive jurisdiction in relation to these Terms.

Relevant United Kingdom law will apply to these Terms.