Terms and Conditions
Whereas SkinCheckOnline.com is owned entirely by E-Link Global Health Corp., all users of this site hereby agree to the following:
1. Purpose and Scope
These Terms and Conditions (the “Terms”) lay down the detailed terms for the provision of SkincheckOnline.com services to patients (the “Customer”). These Terms may change at any time and it is the Customer’s responsibility to review them regularly for updates. Deviations from these Terms may only be made by written agreement between E-Link Global Health Corp. and the Customer.
The principal place of business for E-Link Global Health Corp. is the United States of America. E-Link Global Health Corp.’s operation includes www.skincheckonline.com (the “Service”).
A Customer´s order, which is placed online via www.skincheckonline.com, shall be considered to be placed in writing.
2. Limitations of Telemedicine and Limited Liability
By accepting these terms and conditions, the Customer accepts that there are inherent limitations and risks to procuring and providing accurate medical advice and/or diagnoses over the internet and that this Service is not to be used for medical emergencies. In addition, the Customer understands and accepts that E-Link Global Health Corp. does not directly assess, consult, diagnose or provide any advice or recommendations pertaining to any submitted materials from the Customer. All physicians/dermatologists on the Service platform are independent of E-Link Global Health Corp. and are solely responsible and liable for their own provision of professional services including but not limited to: any diagnoses and/or misdiagnoses, advice, recommendations, prescriptions and/or product recommendations to the Customer. E-Link Global Health Corp. is not engaged in the practice of medicine and is not liable for any health services provided to the Customer.
3. Offer, Order Confirmation and Price
By accepting the Terms of the Service, the Customer accepts that E-Link Global Health Corp. will forward the Customer’s materials to a qualified health professional for the purpose of obtaining a diagnosis, treatment recommendations and related information to the Customer on behalf of the health professional.
No tax is charged on any prices in the offer and order confirmation. If public authorities impose new tax and tax rates or raise the existing ones before or after the completion of an assignment, any differences shall be paid by the Customer.
Unless otherwise agreed, the assignment shall be invoiced in connection with delivery.
Delivery is considered to have taken place once the Customer has received the Service electronically.
4. Order Completion
The Customer is responsible for ensuring that the information and image documentation that they provide are complete, correct and specific to the Service desired by the Customer.
Unless otherwise agreed, the Customer shall always ensure that the Service has received the information required for the provision of the Service desired by the Customer.
5. Several Unrelated Descriptions of Symptoms, Additions and Changes
If the customer provides details related to more than one skin condition, only the primary skin condition and/or health problem (as decided by the specialist) will be assessed. The Customer shall be informed if an assessment of a new disease requires a new Consultation. Additions and Changes to an order placed by the Customer shall be agreed in writing.
6. Order Cancellation
E-Link Global Health Corp. reserves the right to reject a placed order, thereby cancelling the consultation without any cost to the Customer.
If the Customer wants to cancel a placed order, refer to Section 10 about the Customer´s cancellation rights.
E-Link Global Health Corp. is entitled to stop the processing of an order or cancel an already confirmed order if the Customer defaults on his or her previous or current payment obligation to E-Link Global Health Corp.
E-Link Global Health Corp. may not be held liable for such an order suspension or cancellation.
7. Customer Assistance
Unless otherwise agreed in writing between E-Link Global Health Corp. and the Customer, the Customer is obliged to supply the information required for ensuring that the Consultation is conducted according to the dermatologist’s best ability.
8. Delivery Time and Delay
E-Link Global Health Corp. requires that health professionals provide the Service within 48 hours (2 business days) of receiving an order from the Customer.
Where the actual delivery date significantly exceeds the agreed delivery date, the Customer shall notify E-Link Global Health Corp. without delay that the Customer will claim the delay.
Where the delivery date is exceeded because of circumstances which are not E-Link Global Health Corp.’s responsibility (e.g. in case of strike, lockout, operating disturbances, delays from our suppliers), a delay may not entitle the Customer to remedies for breach, including termination.
Where a delay is owing to force majeure or similar circumstances, the delivery time shall be extended correspondingly.
Where E-Link Global Health Corp. cannot deliver the order as agreed, the Customer shall be given notice thereof without undue delay and the cause of the delay shall be stated.
Where force majeure or similar circumstances prevent the Agreement´s performance for more than three consecutive months, both the Customer and E-Link Global Health Corp. may terminate the Agreement. Unless otherwise agreed, delivery shall take the form of the Customers [electronic] receipt of the agreed Service.
Payment is made online via Stripe.
10. Complaints and Defects
E-Link Global Health Corp. shall require its health professionals to assess the submitted materials to the best of their ability. E-Link Global Health Corp. disclaims any responsibility for incorrect diagnoses, treatment or information that lies beyond what can be expected pursuant to the dermatologist´s assessment to the best of his or her ability.
Where the Customer fails to duly complain within 24 months of delivery, the Customer may not claim any defects at a later date.
A Customer complaint does not entitle the Customer to withhold payment for a delivery.
The Customer is entitled to cancel an order as per the rules of the general provisions of law and subject to the limitations mentioned herein.
E-Link Global Health Corp. may not be held liable for any indirect losses, consequential damages and/or non-economic consequential losses regardless of their cause.
E-Link Global Health Corp.’s liability for damages or losses shall be limited to the amount with which E-Link Global Health Corp. has or would invoice the Customer for the delivery.
11. Cancellations Right
The Customer has a cancellation right.
The cancellation right may be exercised for a period of 14 days from the date when the Customer receives order confirmation by email and until the date when the Customer receives the Service.
The Customer accepts that the performance of the order will commence before the expiration of the cancellation period of 14 days.
Where the Customer wants to take advantage of the above cancellation right, the Customer shall send an email to firstname.lastname@example.org before the expiration of the expiration deadline and state his or her desire to take advantage of the cancellation right.
Where the Customer takes advantage of the above cancellation right, the price of the Service shall be returned to the Customer.
12. Product Liability
E-Link Global Health Corp. may be held liable pursuant to the applicable rules for product liability; however, with reservations for the limitations, as specified in this Section 11.
Under no circumstances may E-Link Global Health Corp. be held liable for indirect losses caused by a defective Service.
Health professionals using the Service will be required to hold insurance pursuant to the legislation regulating private treatment outside the health insurance scheme.
13. Force Majeure
Under no conditions may E-Link Global Health Corp. and/or the Customer be held liable for circumstances that must be designated as force majeure, including, but not limited to war, riots, strike, fire, natural disasters, foreign currency restrictions, import or export restrictions, disruptions of regular communications or power supply or communication cuts or failures.
Where E-Link Global Health Corp. or the Customer is affected by a force majeure event, it shall be the affected party’s duty to give the other party notice thereof without delay. Where the respective party does not meet this notification obligation, it shall be held liable as if there were no force majeure.