Terms and conditions

1. When you order World Medical Card, including the mobile application and web version, you agree to the use and disclosure of your Health Care Data and Personal Data (as such terms are defined below) to authorized medical personnel for the purpose of your health care treatment according to the following terms:

2. You willingly, and according to your own request, subscribe to a membership which means you enter a time-limited contract with World Medical Center Holding SA Switzerland (“WMC”), Ch. du Marais 10, 1031 Mex, Switzerland and authorize WMC to receive and store your medical, pharmaceutical and health care related data (collectively “Health Care Data”) and other personal data (collectively “Personal Data”)(Health Care Data and Personal Data shall be collectively referred to as “Your Data”), provided by you directly or with the collaboration of your own medical doctor, doctor of osteopathic medicine, psychologist, chiropractor, pharmacist, nurse, or other health care provider (collectively, “Your Health Care Provider”), in order for WMC to produce your World Medical Card for the duration of the contract period, the initial term of which is –one (1) year (the “Services”). As an additional component of the Services you can willingly request Your Data to be accessible by the means of electronic communications, via mobile phone and internet.

3. You alone decide if you want to provide WMC with Your Data. All of your Personal Data transmitted to the WMC computing system will be stored for the contract period only. Within one hundred eighty (180) days after the contract period has terminated, Your Data will be deleted permanently.

4. WMC complies with European Union Data Protection Directive 95/46/EC in handling and storing Your Data. In territories where represented by a local WMC unit, this company as represented by the Managing Director, is delegated authority to be the representative of WMC.

5. To secure the integrity of Your Data, WMC uses market leading security technology, during communication, production and storage of Your Data. All Health Care Data received by WMC is stored in an encrypted format in WMC’s computer system. All access to Your Data is strictly limited only to authorized personnel that have signed duty of confidentiality not to disclose, copy or use any of Your Data for purposes other than as authorized in these Terms and Conditions. Your Data will not be provided to any third party for processing or storage, unless WMC is required to do so in order to comply with these Terms and Conditions.

6. WMC acknowledges that there will always be a risk that any information, whether it is in a written or printed format, or it is stored within a computer system, or it is being communicated, may be subject to misuse or theft. WMC therefore emphasizes that we take the utmost precautions at all times to protect Your Data against unauthorized access and that we comply with the regulations stated in applicable law. Our data storage systems are continually updated and improved as new technologies become available or new compliance requirements dictate. You alone choose who can access Your Data. It is your responsibility to protect your membership ID, password, pin code and other data to prevent any unauthorized access to information in your World Medical Card or electronically via your mobile phone or the internet. If you suspect any breach of your secure access you must contact WMC without delay. The latest contact information is available at www.wmc-card.com.

7. According to applicable law, you are at any time entitled to access Your Data registered and stored by WMC, and furthermore demand parts or all of Your Data be modified or deleted. The same directive entitles you to withdraw your original consent to storage of Your Data at any given time. To make a written request to modify or withdraw any of Your Data, please contact customer support at [email protected]. The effect of such a withdrawal is the permanent deletion of all your personal data stored by WMC on your request.

8. All information presented in printed or electronic versions of your World Medical Card is a reproduction of the Health Care Data and Personal Data submitted to WMC by you or your medical doctor for information purposes to treating medical personnel only.

9. No information in WMC’s computer systems or your World Medical Card is intended or should be used as a substitute for medical consultation with a qualified health care professional, such as a doctor, licensed to practice medicine. The Health Care Data which is stored in your World Medical Card shall not, and cannot, replace any medical or health care service or advice from medical or health care staff.

10. Your medical status changes over time and the Health Care Data and Personal Data in your World Medical Card may be outdated. It may be required to update this by renewing your World Medical Card. In all events, any Health Care Data older than 2 years should be considered outdated. However, it is your responsibility to keep the personal information in your World Medical Card updated as determined by You and Your Health Care Provider and to use the latest issued World Medical Card only.

11. If you suffer from any chronic illness/diagnosis or you use any medicine(s) permanently, WMC recommends that you consult a medical doctor when providing your Health Care Data, in order to ensure the correctness and accuracy of the information in your World Medical Card. WMC also recommends regular review and screening by your own health care professional.

12. It is your responsibility to ascertain that Health Care Data and Personal Data you enter into your World Medical Card is correct, true and updated. None of your Health Care Data or Personal Data will be verified or modified by WMC, provided, however that the medical and pharmaceutical data will be coded according to international coding standards. It is therefore your responsibility to ascertain that the information you receive from WMC in your World Medical Card is correct, true and complete. WMC cannot and will not be held liable for the accuracy of the contents of your World Medical Card, or any ways of using it. If you are in doubt regarding the definitions of your diagnoses or pharmaceuticals or any of the information in Your Data, we recommend that you contact your medical doctor.

13. You unconditionally acknowledge, accept and agree that WMC has no responsibility whatsoever related or referring in any way to any error or omission of any data in your World Medical Card, since it is your and eventually your medical doctor’s responsibility to verify the correctness of this.

14. It is accepted that WMC under no circumstances may be held liable, whether or not the possibility of such damage has been advised or not, for punitive, indirect or consequential damages of any kind howsoever caused by, or arising out of, or having been suffered, in connection with or relating in any way to any event or incident in using World Medical Card, or electronically using or accessing the same information, via a mobile phone or the internet.

15. a. No Warranties. The Website and services are provided by WMC on an “as is” and “as available” basis. Use of the Website and Services are at your own risk. To the maximum extent permitted by applicable law, the Website and Services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from us or through the Website or Services will create any warranty not expressly stated herein. Without limiting the foregoing, we and our licensors (and our respective subsidiaries, affiliates, agents, directors and employees) do not warrant that the Website and Services are accurate, reliable or correct, that the Website and Services will meet your requirements, that the Website and Services will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected or that the Website and Services are free of viruses or other harmful components.

b. Limitations of Liability.

(i) To the maximum extent permitted by applicable law, in no event will we and our licensors (and our respective subsidiaries, affiliates, agents, directors and employees) be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including, without limitation, damages for loss of profits, goodwill, use, data, or other intangible losses, that result from the use of, inability to use, or unavailability of the Website or Services.

(ii) In no event will we and our licensors (and our respective subsidiaries, affiliates, agents, directors and employees) be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you have paid for the Services.

(iii) This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability or any other basis, even if we have been advised of the possibility of such damage.

16. Whilst WMC make reasonable efforts to ensure an uninterrupted service we do not make any guarantee representation or warranty that your use of the website or the Services will be uninterrupted and without error and you recognize that WMC may temporarily suspend the Services from time to time without notice to you in order to undertake essential maintenance. The Services are also provided to you subject to the continuing relationship between WMC and the relevant mobile telephone service provider. WMC has put in place security procedures to protect your information as explained in the Terms and Conditions, however, You acknowledge that the internet and mobile telephony are not secure mediums. We cannot accept responsibility for any unauthorized access or loss of personal information that is beyond our control.

17. The duration of the contract period is limited to 1 year from the date of your registration at the time of ordering.

18. Unless terminated by You within 5 weeks prior to the expiration of the contract’s duration, the membership will automatically be renewed for a new period of the same duration and you will be billed for the renewal period.

19. If the member is paying by Credit or Debit Card, WMC will withdraw the payment for the World Medical Card from Customer’s credit card or bank account upon Customer’s acceptance of these Terms and Conditions.

20. Any medical or health advice provided and/or hosted on this Website will only be given by medically trained and qualified professionals unless a clear statement is made that a piece of advice offered is from a non-medically qualified individual or organization.

21. The information provided on this Website is designed to support, not replace, the relationship that exists between a patient/site visitor and his/her existing Health Care Provider.

22. Confidentiality of data relating to individual patients and visitors to a medical/health Web site, including their identity, is respected by this Website. WMC undertakes to honor the legal requirements of medical/health information privacy that apply in the country, state and/or province where the Website and mirror sites are located.

23. The Website, all content and materials located on the Website, and the selection, arrangement and organization thereof, are the intellectual property of WMC or its licensors.

Neither your use of the Website and Services, nor your entry into this Agreement, grant you any right, title or interest in or to any such content or materials. Wmc-card.com and the “World Medical Card” logo are trademarks or registered trademarks of World Medical Card or its licensors. The Website is Copyright © 2012 to the present. ALL RIGHTS ARE RESERVED.

24. a. This Agreement will be governed and construed in accordance with the laws of Norway, excluding choice-of-law principles, and all claims relating to or arising out of this Agreement, or the breach thereof, whether sounding in contract, tort or otherwise, will be governed by the laws of Norway, excluding Norway’s choice-of-law principles.

b. Any dispute, claim or controversy between You and WMC arising out of or relating in any way to the Website, Services or this Agreement will be resolved by binding arbitration.

c. Arbitration is an alternative dispute resolution process in which a neutral third person (an arbitrator) decides a dispute. There is no judge or jury in arbitration, and arbitration awards are final and binding and subject to review by a court only on a very limited basis. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow this Agreement as a court would. Any court with jurisdiction over the parties may enforce the arbitrator’s award. You may, but are not required to, have a lawyer represent you during an arbitration proceeding.

d Any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial.

e. To the extent permitted by law, any claim or dispute between you and us arising out of or relating to the Website, Services or this Agreement must be filed within one (1) year. The one-year period begins on the date that the claim or dispute first could be filed. Any claim or dispute not filed within that time is permanently barred. This section applies to each of our respective successors and assigns.

f. Any claims seeking to enforce, protect or determine the validity or ownership of any intellectual property rights are not subject to mandatory arbitration. Instead, these claims, including claims for injunctive or equitable relief, will be exclusively decided by courts of competent jurisdiction.

25. We may change the Terms or the Privacy Policy at any time by posting a new version of either on the Website. Please review the Terms and the Privacy Policy regularly. If at any time you find either unacceptable, please leave the Website and stop using the Services.

26. By using the Website or Services, you represent and warrant that you are at least eighteen (18) years old and are otherwise legally qualified to enter into and form contracts under applicable law. This Agreement is void where prohibited.

27. a. This Agreement constitutes the entire agreement of the parties relating to the subject matter of this Agreement and supersedes all other oral or written agreements or policies relating thereto.

b. If any provision of this Agreement, or application of that provision to any persons or circumstances other than those as to which it is held unenforceable, will not be affected by that unenforceability and will be enforceable to the fullest extent permitted by law.

c. No waiver of satisfaction of a condition or nonperformance of an obligation under this Agreement will be effective unless it is in writing and signed by the party granting the waiver, and no such waiver will constitute a waiver of satisfaction of any other condition or nonperformance of any other obligation.

d. This Agreement is freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

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