General Terms and Conditions (Medgate Services via Health Insurer)

1. General

The present General Terms and Conditions (GTC) apply to all services provided by Medgate AG, Basel (hereinafter "Medgate") to private individuals (hereinafter the "Client"). Medgate reserves the right to amend these GTC as per the beginning of each calendar year. The currently applicable GTC are available on Medgate's website (www.medgate.ch) at any time.  

2. Conclusion and Term

The conclusion of an individual mandate shall be contingent upon the conclusion of an insurance policy between the Client and his health insurer, which entitles Client to request services from Medgate. The duration of such entitlement shall be depending upon the term of the respective insurance policy.

The individual mandate for medical consultation enquiries between Medgate and the Client shall become effective upon express acceptance of the individual mandate by a member of Medgate's medical team. Such acceptance shall be deemed to have been declared, as soon as Megate's patient reception redirects the Client to a medical team member, resp. as soon as the said medical team member returns the call. The individual mandate shall terminate upon completion of the phone call resp. upon completion of the last call-back arranged between Medgate and the Client.

3. Medgate's Services

Medgate's services are available around the clock, seven days a week. However, please note that waiting times may occur. Medgate reserves the right to deny medical consultancy requests due to capacity shortages, and Medgate may also indicate alternative treatment measures to Client, if deemed appropriate.

Client shall not be entitled to obtain several consultations from the same physician.

Medgate is reachable from Switzerland or from abroad in one of the following languages: German, French, English, Italian.

Medgate's patient reception will register the caller's personal details upon every call and will review cost coverage by accessing the current insurance data. As far as medical issues are concerned, Medgate and the Client will usually arrange for a call-back.

Client will either be advised conclusively by a member of the medical team, or he will be triaged into the healthcare system (to the right physician at the right time).

Client may place medical enquiries with the so called WebDoctor. However, before using the WebDoctor, Client must register with the insurance number in the member area of the Medgate website. Please note that it is not appropriate to use the WebDoctor in urgent cases. Any urgent enquiries must be addressed to Medgate by phone. Moreover, please note that some Clients may not be able to access, or make use of the WebDoctor, if their health insurer has not acquired the said service from Medgate.

WebDoctor enquiries will be answered within 24 hours by a Medgate physician. Client will be informed via e-mail as soon as the answer is available to him in the secure member area. Medgate reserves the right to deny WebDoctor enquiries without stating cause.

Telephone charges which may arise shall be borne by Client. The amount of such costs may depend on the telephone provider and on the origin of the call (fixed-line, mobile phone network, IP-voice over IP, inland or abroad).

4. Data Protection

Medgate shall strictly comply with the Swiss Act on Data Protection and the medical secrecy when processing Client's personal data. Any individual phone calls will be registered and shall be treated confidentially, since they are subject to the medical secrecy. No registration shall take place, if so requested by the Client at the beginning of the call.

5. Liability

Medgate performs its services in accordance with the rules of medical practice. In addition, Medgate complies with the "WMA Guidelines on Accountability, Responsibilities and Ethical Guidelines in the Practice of Telemedicine der World Medical Association", as amended from time to time.

Medgate shall be liable for any culpably caused, immediate and direct damages, that arise in the course of performing the contract. Any further liability shall be excluded. Medgate shall particularly not be liable for indirect damages, consequential damages, for future treatment costs provided by third parties, or for lost profit.

6. Applicable law and Venue

Any and all disputes between Client and Medgate shall be governed by the laws of Switzerland. The courts of Basel-Stadt shall have exclusive jurisdiction.

Basel, April 2018