Terms of use
Your access to and use of the website: www.d.holiday (the “Platform”) is subject to these Terms of Use and all applicable laws and regulations
User Terms
The booking platform “www.d.holiday” (hereinafter: “Platform”) is provided by Diaverum AB, a company duly established and existing under the laws of Sweden, under registration number 559140-5344 (hereinafter: “Diaverum”).
These terms and conditions, together with the privacy policy (jointly referred to as these “User Terms”) should be carefully read as they contain important information about rights and obligations of the user accessing and using the Platform (hereinafter: the “User”). By accessing or using the Platform, the User agrees to comply with and be bound by these User Terms which represent the entire agreement between Diaverum and the User.
Diaverum reserves the right, at its sole discretion, to change these User Terms from time to time. User’s continued use of this Platform after such changes take effect will be deemed to constitute acceptance of new User Terms.
Description of Service
Diaverum is the entity offering the User the Platform. The Platform comprise booking services in relation to renal care treatments and auxiliary medical services thereto, including but not limited to information on available treatments and credentials of the medical facility within the Diaverum Group (hereinafter: “Medical Facility”) around the world. Bookings of treatments are made by the User via the Platform.
Not a Medical Referral Service
Diaverum is expressly not providing medical referral/prescribing services. Diaverum does not advise, counsel or recommend in way or form if, how, and when medical services are to be carried out, furthermore Diaverum and its representative will not discuss or advise on any issues relating to medical treatment.
Diaverum provides information about and contact with Medical Facilities and it provides information about their credentials in order for the User to make informed decisions. Although Diaverum cooperates with Medical Facilities being certified and acknowledged medical care givers, it does not recommend any preferred or specific Medical Facilities and/or doctors for Users’ desired medical treatment.
Diaverum encourages and advises Users to discuss all medical issues with their medical doctor at their country of domicile, before making a decision on traveling or undergoing a medical treatment.
Users agree to assume all responsibility in connection with choosing any Medical Facility for their desired procedure either being a medical treatment or accompanying medical treatment during their holiday.
Diaverum assumes no responsibility or liability for any treatment or other services rendered by any Medical Facility or by any Medical Facility’s staff, or for any malpractice claims and other claims that may arise directly or indirectly from any such advice, treatment or other services. Claims and/liabilities relating to the above are expressly disclaimed.
Eligibility Using the Platform
The User must be at least 18 years old and able to enter into legally binding contracts to access and use the Platform or register a User Account. By accessing or using the Platform, Users represent and warrant that they are 18 years old or older and have the legal capacity and authority to enter into a contract.
Access and/or use of the Platform, or certain areas or features of the Platform, may be subject to certain conditions or requirements prescribed by Diaverum from time to time, such as completing a verification process.
Diaverum does not assume any responsibility for the confirmation of the User’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, Diaverum may, but have no obligation to:
ask Users to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Users,
and screen Users against third party databases or other sources and request reports from service providers.
Account Registration and Management
The User must register an account (hereinafter: “User Account”) to access and use the features of the Platform.
The User can register a User Account using an email address and creating a password. Diaverum verifies the entered email address in the course of User Account registration.
The User must provide accurate, current and complete information during the registration process and keep her/his User Account up-to-date at all times.
The User may not register more than one (1) User Account. The User may not assign or otherwise transfer his/her User Account to another party.
The User is responsible for maintaining the confidentiality and security of her/his User Account credentials and if the User discloses her/his credentials to any third party for conducting a booking on the User’s behalf, she/he remains responsible for User Account credentials. The User must immediately notify Diaverum if she/he knows or have any reason to suspect that her/his credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of her/his User Account. The User is liable for any and all activities conducted through her/his User Account, unless such activities are not authorized by the User and the User is not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
Diaverum may at its sole discretion close the User Account and delete any User Content contained in it if there is no account activity (such as a log in event) for an extended period of time.
Content
Diaverum enables Users to store their personal data on the Platform (hereinafter: “User Content"); and (ii) access and view User Content and any content that Diaverum makes available on or through the Platform, including proprietary Diaverum content and any content licensed or authorized for use by or through Diaverum from a third party (hereinafter: "Platform Content").
Platform Content is considered to be Diaverum’s Intellectual Property Right, and User Content in its entirety or in part may be the User’s Intellectual Property Right. The User acknowledges and agrees that the Platform and Platform Content, including all associated Intellectual Property Rights, are the exclusive property of Diaverum and/or its licensors or authorizing third-parties. The User will not, unauthorized, use any Intellectual Property Rights incorporated in or accompanying the Platform and/or Platform Content. All trademarks, service marks, logos, trade names, and any other source identifiers of www.d.holiday used on or in connection with the Platform www.d.holiday are trademarks or registered trademarks of Diaverum and its affiliates. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Platform, Platform Content and User Content, are used for identification purposes only and may be the property of their respective owners.
Unless User provides specific consent, Diaverum does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that User may have to use or exploit respective User Content. However, the User grants Diaverum and any trusted third parties which collaborates with Diaverum to the extent necessary to fulfil the services provided on the Platform a worldwide, royalty free license to freely use, reproduce, distribute, modify, adapt, create derivative works, and otherwise use your User Content as available to Diaverum on the Platform.
User is solely responsible for all User Content it makes available on or through the Platform. Accordingly, User represents and warrants that she/he is the sole and exclusive owner of all User Content that she/he makes available on or through the Platform.
Diaverum respects copyright law and expects the Users to do the same. If User believe that any content on the Platform infringes copyrights User own, please notify Diaverum.
Booking Procedure
The User must be registered or signed in into her/his User Account and it must meet any requirements set by the Medical Facility (such as completing any verification processes) in order to complete the booking. The User receives a confirmation email after successfully submitting a reservation request.
After the User receives the confirmation email, the relevant Medical Facility gets notified about the inquiry and is obliged to confirm or decline the reservation within 72 hours.
Only after the Medical Facility confirms the reservation inquiry, it becomes a provisional booking and the User gets a booking notification email. The booking notification email contains the contact information of the Medical Facility in order for the User to get directly in touch with the Medical Facility and arrange all further matters. The confirmed booking is visible in the User Account. Ten days before the booking date, the User will receive a reminder email with all details of the booking.
If the Medical Facility rejects the reservation, the User gets notified by email. For good understanding, upon the User’s decision to seek healthcare services at the Medical Facility, the User shall provide all documents requested by the Medical Facility directly to the latter. Upon receiving the case file of a User, the Medical Facility shall review the same and respond to the User as soon as possible with a proposed course of action, treatment plan and a cost estimation/confirmation. Upon the User’s consent, the Medical Facility shall coordinate directly with the User in order to arrange the completion of the agreed medical treatment. Diaverum is responsible of informing the User about the planned treatment through the Platform as per Medical Facility’s availability. Upon the Medical Facility’s request, the User will be solely responsible to communicate with the Medical Facility, by the agreed method of communication, any and all-important information concerning agreed treatment, including, but not limited to the following:
The availability of the User; and
relevant medical reports of the User requested by the Medical Facility before treatment.
Booking Modifications, Cancelations and Refunds
Medical Facility and the User are responsible for any modifications to a booking made via the Platform, and The User agree to pay any applicable additional fees and/or taxes associated with such booking modifications directly to the Medical Facility.
Users can cancel a confirmed booking at any time and with no cancelation charges. Regardless of prepayment not being required related to the Services, for the avoidance of doubt Users are not eligible for a refund, compensation or reimbursement of any kind from Diaverum.
Fees
Diaverum does not collect any fees from the User for Platform usage.
Treatment costs which include necessary medical materials and medicines, taxes and charges are paid directly to the Medical Facility and are presented as total fees to the User prior to conducting a booking via the Platform (hereinafter: “Total Fees”).
User agrees to pay the Total Fees to the respective Medical Facility for any confirmed booking on the platform which results in medical services being performed by the Medical Facility.
Necessary Documents
The User is responsible for being in possession of a valid transport documents, e.g. a passport, during time of travel. Depending on length of visit, a visa may be required for some or all of the countries visited. It is the User’s responsibility to check and verify which travel documents are needed for contemplated travel. Once the medical treatment is booked, the Medical Facility will inform the User about the necessary medical documents that they should bring with them and about any other prerequisite requested by the Medical Facility and the User is responsible for fulfilling these requests. The User is responsible for carrying with her/his EHIC card or payment guarantee issued by health insurance provider, if relevant for the booked medical treatment and for bringing any medicines and supplements they are taking which are not included with the booked medical treatment.
Disclaimers
To the extent permissible pursuant to applicable law, Diaverum assumes no responsibility nor grant any warranties, express or implied relating to the operation, safety, condition or service of any physician, healthcare provider, hospital, aircraft, motor vehicle, boat, other conveyance, inn, lodge, or hotel and/or products associated with such entities or services that are used wholly or in part by, for or on behalf of the User. Diaverum is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such Medical Facility or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. Diaverum does not provide any assistance nor covers any cost regarding aforementioned, whatsoever.
For good understanding, the Medical Facility shall use best efforts to rely upon the existing diagnostic tests and materials/reports of the User. However, if such test results are inconclusive or misleading, the Medical Facility shall have the right to request the User to undertake a fresh assessment in order to arrive at an accurate diagnosis prior to administering the most appropriate health care services to the User, subject to the completion of appropriate documentation by the User. Diaverum is not part of the direct “doctor-patient relationship” that is held between the Medical Facility and the User, and therefore shall not be held liable for requests regarding additional testing or fresh assessments that Medical Facility may or may not request the User to undertake.
Limitations of Liability
User agrees that neither Diaverum nor Medical Facilities will be liable for any damages resulting from User’s use of, or reliance upon, Platform, any materials, or any services obtained on or through this Platform. In the event of any problem with the Platform, any materials, or services obtained on or through this Platform, the User agrees that her/his sole remedy is to cease using such items.
The User agrees that under no circumstances will Diaverum be liable for any indirect, incidental, special, punitive, exemplary or consequential damages (including, but not limited to, lost profits and damages that result from inconvenience, delay, or loss of use) arising out of use of the Platform, any materials, arrangements made based on information obtained on or through the Platform, or products or services obtained on or through the Platform, even if Diaverum or its affiliates have been advised of the possibility of such damages.
Indemnity
The User agrees to defend, indemnify, and hold harmless Diaverum and its affiliates from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys' fees and litigation expenses), relating to or arising from User’s use of Platform, any Materials, or services obtained on or through Platform.
Links to Other Sites
The Platform may contain links to other sites on the Internet for the convenience of User. These other sites are maintained by third parties over whom Diaverum exercise no control. Accordingly, Diaverum expressly disclaim any responsibility for the content of these other sites and for the availability, accuracy, reliability, completeness, currency, quality, performance or suitability of the information, products and services available or advertised on or through these other sites.
Suspension and other Measures
Diaverum may take the following measures:
refuse to surface, delete or delay any content;
cancel any pending or confirmed bookings;
temporarily or permanently revoke any special status associated with User Account; or
temporarily or in case of severe or repeated offenses permanently suspend and/or deactivate User Account
in following circumstances: (i) in order to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, (ii) if the User has breached these User Terms , Diaverum’s policies or standards, applicable laws, regulations, or third party rights, (iii) if the User has provided inaccurate, fraudulent, outdated or incomplete information during the User Account registration, listing process or thereafter, (iv) or if Diaverum otherwise becomes aware of or has received complaints about her/his conduct, (v) if Diaverum believes in good faith that such action is reasonably necessary to protect the personal safety or property of Diaverum, its affiliates, or third parties, or to prevent fraud or other illegal activity.
In case of non-material breaches and where appropriate, The User will be given notice of any intended measure by Diaverum and an opportunity to resolve the issue to Diaverum’s reasonable satisfaction.
If Diaverum takes any of the measures described above, User will not be entitled to any compensation for pending or confirmed bookings that were cancelled.
Termination
User may terminate this agreement at any time via the “Delete Account” feature in her/his User Account or request deletion of her/his User Account by sending an email to: holiday@diaverum.com.
Diaverum may delete User Account with immediate effect upon written notice if (i) the User has materially breached her/his’ obligations under these User Terms and Diaverum policies, (ii) the User has violated applicable laws, regulations or third-party rights, or (iii) Diaverum believes in good faith that such action is reasonably necessary to protect the personal safety or property of Diaverum, its affiliates, or third parties (for example in the case of fraudulent behavior of the User).
If the User or Diaverum terminates this agreement, the clauses of these User Terms that reasonably should survive will remain in effect.
Force Majeure
Neither party will be liable for any failure or delay in performing an obligation under these User Terms that is due to causes beyond her/his reasonable control, such as natural catastrophes, government acts or omissions, laws or regulations, labor strikes or difficulties, transportation, stoppages, or slowdowns, or pandemics. If any of these causes continue to prevent or delay performance of obligations according to these User Terms for more than 90 days, the party not experiencing the delay may terminate the agreement, effective immediately, upon notice to the other party.
Applicable Law and Jurisdiction
User agrees that these User Terms shall be governed by and construed in accordance with the laws of Sweden. Diaverum agrees that any legal action or proceeding under or with respect to these User Terms may be brought in the courts of Malmö, Sweden and for the purpose of any such legal action or proceeding, the User hereby submits to the jurisdiction of such courts. The User hereby agrees not to raise and waive any objection to or any defense based upon the venue of such courts and any objection or defense based upon an inconvenient form.
Diaverum acknowledge that the laws of certain jurisdictions provide legal rights to private individuals that may not be overridden by contract or waived. If User is said private individual, nothing in these Terms and conditions limits any of those rights.
General Provisions
Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these User Terms constitute the entire agreement between Diaverum and the User pertaining to the subject matter thereof, and supersede any and all prior oral or written understandings or agreements between Diaverum and the User in relation to the access to and use of the Platform.
If any provision of these User Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
Diaverum’s failure to enforce any right or provision in these User Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by Diaverum in writing. Except as expressly set forth in these User Terms , the exercise by either party of any of her/his remedies under these User Terms will be without prejudice to her/his other remedies under these User Terms or otherwise permitted under law.
User may not assign, transfer or delegate this agreement and her/his rights and obligations under these User Terms. User’s right to terminate this agreement at any time remains unaffected. Unless specified otherwise, any notices or other communications to Users permitted or required under this agreement, will be in writing and given by Diaverum via email, Platform notification, or messaging service (including SMS and any online chat platforms).
If User has any questions about these User Terms , she/he may email Diaverum on holiday@diaverum.com
Published: 18.04.2022.
“Intellectual Property Rights” means all worldwide common law and statutory rights associated with (i) patents and patent applications; (ii) registered and unregistered rights in designs (iii) works of authorship, including copyrights, copyright applications, copyright registrations; (iv) trade secret rights and the protection of trade and industrial secrets and confidential information; (v) other proprietary rights relating to intellectual property of every kind and nature; (vi) analogous rights to those set forth above; and (vii) registrations, applications, combinations, divisions, continuations, renewals, reissues and extensions of the foregoing now existing, or hereafter filed, issued or acquired