Medihair.com Terms and Conditions

Effective date: May 12th, 2022

 

General

Medihair GmbH (hereinafter referred to as the “Operator”), operates an Internet-based platform (hereinafter referred to as the “Internet Platform”) for hair surgery and other hair loss treatments under the domain www.medihair.com, on which persons (hereinafter referred to as the “Users”) can obtain information, compare between different offers from doctors and clinics, obtain quotes and request an appointment for a non-binding initial consultation.

 

§1 Scope of application

These General Terms and Conditions of the Operator (hereinafter referred to as “GTC”) refer to the offered service, which is provided on the Internet under the URL www.medihair.com and other associated subdomains.

The Operator expressly points out that it does not operate its own practice or clinic, nor does it carry out hair surgery treatments or other plastic surgery procedures or other medical treatments in its own name.

 

§2 Services of medihair.com

On the Internet platform of the operator, users can contact cooperating providers of hair surgery, i.e. hair transplant doctors or clinics, or providers of hair loss treatments (hereinafter “cooperation partners”) and request a non-binding initial consultation appointment. By entering the User’s personal data, the Operator complies with the User’s request to contact and advise him and to provide him with a selection of possible physicians and/or clinics. The operator cannot guarantee the completeness of this selection. For the services provided or to be provided by the cooperation partner, only their terms and conditions are authoritative. The Operator does not owe the provision of treatment services or other services beyond a recommendation to the cooperation partner.

If the User wishes his data to be passed on to a cooperation partner for further contact (e.g. for a non-binding initial consultation), the Operator will comply with this request. The operator is free to arrange an appointment with the user after consultation with the cooperation partner.

The use of the internet platform is free of charge for users. The Operator does not guarantee any specific technical or other functionalities or the error-free and/or uninterrupted availability of the Internet platform.

For a uniform and improved user service, the Operator has been authorized by its cooperation partners to use the telephone number of the Operator instead of the telephone number of the cooperation partners.

 

§3 Collection of user data

The internet platform is accessible to the user free of charge and without registration.

In order to be able to reserve a non-binding initial consultation or information appointment and to be able to send or transmit information on the selected cooperation partner or on the selection of cooperation partners, it is necessary for the user to complete the registration form or the form for recording user data on the Internet platform.

By providing his or her data, the user agrees that the operator and cooperation partner may contact the user by e-mail and/or telephone for consulting measures or for the coordination of appointments. For a smooth and quick contact by e-mail and/or telephone it is necessary that the user provides first name, last name, e-mail address and telephone number (hereinafter “user data”).

The user undertakes to provide his user data completely and truthfully.

The User has the option to specify a desired date for a non-binding initial consultation or information appointment. The Operator expressly does not guarantee that this appointment will be made. The indication of a desired date only serves to simplify the appointment arrangement.

We use all user data exclusively for the coordination of appointments, internal billing and communication with the respective cooperation partner. For this purpose, the data is transmitted to the selected physicians or to the selected clinics within the framework of the legal provisions.

If a consultation appointment is made between the User and a cooperation partner, the User agrees that the Operator or the cooperation partner may contact the User by telephone and/or e-mail at the telephone numbers and/or e-mail provided by the User for the purpose of confirming an appointment, rescheduling an appointment, providing consultation or information in the course of booking an appointment.

 

§4 Contractual relationship with the Operator

The Operator does not offer any treatment services on its own responsibility and at its own instigation. Therefore, the User’s request merely creates a contract between the User and the Operator for the arrangement of an initial consultation or information appointment with the cooperation partner.

A treatment contract and any mutual claims and obligations resulting from the consultation, pre- or post-treatment examination, the operation and further procedures thus arise exclusively and solely between the cooperation partner and the user. The medical and factual responsibility for the feasibility of the operation, for informing the user prior to the operation and for providing information and advice on alternative treatment options rests solely with the cooperation partner.

The Operator has no influence on the content and the actual execution of such a treatment contract or on the conclusion or non-conclusion of such a contractual relationship between the User and the cooperation partner.

There are no costs or other fees for the user in connection with the appointment coordination and consultation of the operator, since the operator is remunerated by the cooperation partners.

However, costs and fees can be charged to the user by the cooperation partner, e.g. for an initial consultation or information appointment. If this is the case, the User will be informed of the costs or the fee by the respective cooperation partner. The Operator has no influence on the pricing and any price deviations of the cooperation partner.

The Operator expressly points out to the User that those who have not yet reached the age of 18 at the intended time of the operation require the consent of their legal representative to conclude a contract with a cooperation partner.

 

§5 Recommendation and prices

The Operator expressly points out that the published information, data, messages and the consulting services do not represent an invitation to select a specific cooperation partner, another product or another service.

The operator endeavors to provide professional and truthful advice to the users by the cooperation partners, but in particular does not assume any guarantee for this.

In particular, no guarantee is given for the correctness of the prices indicated for the treatment. The prices shown are only a theoretical price or guideline value, which is calculated on the basis of the method indicated by the doctor or clinic in accordance with the GOÄ (medical fee schedule). Prices can only be determined after a medical consultation, taking into account the physical conditions and individual wishes. Additional or different costs may arise at any time, e.g. due to the choice of a different treatment method. The price shown therefore in no way guarantees a fixed price for the treatment, but is only intended to serve as one of several orientation aids when selecting a cooperation partner.

The prices shown do not represent a binding offer by the cooperation partners or the operator. Only with the conclusion of a treatment contract between the user and the cooperation partner a contract and the final price becomes binding.

 

§6 User ratings and exemption

In order to support other users in the selection of a doctor or clinic, the User is asked by the Operator on a voluntary basis to evaluate his or her experiences with the cooperation partner after a consultation or treatment to the best of his or her knowledge and belief. The operator expressly points out that the user alone is responsible for the content of his evaluation. By creating an evaluation, the user transfers any rights of use to this evaluation exclusively to the operator. The user undertakes to comply with applicable law when creating a rating and to refrain from abusive and illegal content, e.g. insulting, discriminatory, disparaging or demonstrably false statements.

The operator is entitled, but not obliged, to publish reviews of users on www.medihair.com.

It is not possible for the operator to continuously and comprehensively check the ratings for possible infringing content. However, after concrete indications, the operator will immediately check and, if necessary, delete reviews that violate the rights of third parties or include other illegal content.

If the User violates the obligations arising from § 6, he shall indemnify the Operator upon first request against all claims by third parties based on culpable violations of rights by the User. This also includes the assumption of the costs of an appropriate legal defense or court and attorney’s fees.

 

§7 Rights

All copyrights, rights of use or property rights remain with the operator. Any further use of the data, in particular storage, publication, duplication and any form of commercial use and disclosure to third parties without the consent of the operator is prohibited.

In case of suspicion of misuse or in case of deliberately false or untrue personal data, the Operator reserves the right to stop processing the User’s requests without giving reasons.

 

§8 Revocation

The User may revoke the contract for the arrangement of an initial consultation or information appointment without giving reasons at any time up to 14 days after the request. The revocation must be declared in writing to the operator (by e-mail support@medihair.com or by post: Medihair GmbH, Lichtstraße 24, 50825 Cologne, Germany).

The operator asks the user to inform the operator or directly the cooperation partner in case of a date prevention or desired date postponement (by e-mail: support@medihair.com).

If the user enters into a debt relationship with a third party, the cancellation must be addressed to this party.

 

§9 Warranty and liability

The Operator expressly points out that the Operator is not liable for treatment errors or breaches of duty by the cooperation partners in the provision of services, as the treatment contract is concluded exclusively between User and cooperation partner. Within the framework of the respective legal provisions, the cooperation partner alone is liable for treatment errors or breaches of duty.

The operator does not assume any liability for the treatment and/or consulting services used by the user with the respective cooperation partner.

If the Internet platform contains links to other websites, the Operator is not responsible for the content of the linked content and assumes neither liability nor guarantee for the correctness of the linked websites and content.

 

§10 Data protection

The collection, storage and use of the user’s data is subject to the provisions of the German Data Protection Act and the statutory provisions. The privacy policy is part of these terms and conditions and can be accessed at the following URL: https://medihair.com/en/privacy-policy/.

 

§11 Jurisdiction

For users and cooperation partners who can make a jurisdiction agreement, the place of jurisdiction is the headquarters of the operator – if legally permissible. The law of the Federal Republic of Germany shall apply.

 

§12 Miscellaneous and transfer of rights

The Operator reserves the right to change these GTC at any time, provided that this is reasonable for the User and that these do not unreasonably disadvantage the User.

The User will be informed of the changes by e-mail two weeks before they come into effect. The user has the right to object to the new GTC within a period of two weeks after receipt of this e-mail. If the User fails to object, the amended GTC shall become part of the contract after the expiration of the two-week period.

The Operator reserves the right to transfer a contract established with the User by these GTC, including all rights and obligations, to a company of its choice. The User will be informed by e-mail one month before the transfer. The user has the right to object to the transfer within a period of one month. If the user fails to object, the transfer shall become effective.

 

§13 Final provisions

Changes or additions to these general terms and conditions must be made in writing.

Should individual provisions of these general terms and conditions of use be wholly or partially invalid or later lose their legal validity, this shall not affect the validity of the remaining provisions of these GTC. The invalid provision shall be replaced by the statutory provisions. The same shall apply if these GTC contain gaps that have not been provided for.

 

Mobile Communications

Binding agreement

Through its website and via additional means, medihair.com, (“medihair.com”) provides any individual (“you”) with the option to receive information and marketing materials related to medihair.com products and services via calls or messages to your mobile device using a mobile phone number you provide to medihair.com (“mobile communications”). By signing up to receive mobile communications from medihair.com, you agree to be bound by the following terms and conditions, and you represent and warrant that you have the legal authority and capacity to enter into this agreement.

IF YOU SIGN UP TO RECEIVE MOBILE COMMUNICATIONS FROM MEDIHAIR.COM, THESE TERMS AND CONDITIONS WILL BECOME PART OF A LEGALLY BINDING AGREEMENT BETWEEN YOU AND MEDIHAIR.COM. PLEASE READ THIS DOCUMENT IN ITS ENTIRETY BEFORE SIGNING UP TO RECEIVE MOBILE COMMUNICATIONS. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT, TO HAVE A JURY HEAR YOUR CLAIMS, OR TO PROCEED ON BEHALF OF OR AS PART OF A CLASS.

Consent is not a condition of receiving medihair.com products or any medihair.com service aside from receiving mobile communications; however, medihair.com agrees to provide you with mobile communications ONLY if you agree to the terms contained herein. If you do not wish to agree to these terms, but wish to contact medihair.com about its products and services, please contact a medihair.com consultant by calling 1-255-297-6640.

Your agreement to receive mobile communications from medihair.com does not affect the terms of any other contract or agreement you have related to other medihair.com products or services.

 

Non-secure transmission of protected health information

Mobile communications sent by medihair.com may contain protected health information (“PHI”) that is subject to certain legal protections under the Health Insurance Portability and Accountability Act (“HIPAA”) and other federal and state laws. Medihair.com will treat all PHI in accordance with its Notice of Privacy Practices (https://medihair.com/privacy-policy/) and will minimize the amount of PHI transmitted in mobile communications to the minimum amount necessary to achieve the purpose of the mobile communication. However, by signing up for mobile alerts, you expressly acknowledge that mobile communications medihair.com sends may be unencrypted or insecure, that mobile communications are sent over public communications networks or similar facilities that are not within medihair.com’s control, and that there is the possibility that unauthorized individuals may intercept, access, or read mobile communications that medihair.com sends. IF YOU ARE CONCERNED ABOUT THE POSSIBLE DISCLOSURE OF PHI CONTAINED IN MEDIHAIR.COM MOBILE COMMUNICATIONS, DO NOT SIGN UP TO RECEIVE MOBILE COMMUNICATIONS. You agree to hold medihair.com harmless against any unauthorized third party access to PHI contained in mobile communications from medihair.com.

 

Mobile communications means and content

By signing up to receive mobile communications from medihair.com, you are providing prior express written consent for medihair.com to send you mobile communications at the number you provide to medihair.com. Mobile communications may contain marketing or advertising material.

Medihair.com may send mobile communications to you directly or through a third party acting on behalf of medihair.com. In doing so, medihair.com or a third party acting on its behalf may use non-automated or automated means to send mobile communications, including but not limited to equipment that qualifies as an automated telephone dialing system.

You agree not to respond to any medihair.com mobile communication in any way that is unlawful or abusive or in any way that disrupts or damages medihair.com’s property or systems. You understand that text messages and other communications you send in response to medihair.com mobile communications may not be secure and may be intercepted or accessed by unauthorized third parties during transit. You agree to hold medihair.com harmless against any unauthorized third party access to PHI contained in messages you send to medihair.com.

 

Accuracy of number

You represent and warrant that you are the authorized mobile telephone subscriber for the number you provide to medihair.com. You have confirmed that you have provided us with the correct number.

 

Charges

Medihair.com will not impose any charges on you associated with its sending of mobile communications. However, your mobile device service provider may charge messaging or data fees or rates associated with mobile communications you receive from or send to medihair.com. You are solely responsible for any such charges.

 

Cancellation

You may revoke your consent to receive mobile communications from medihair.com at any time by texting “STOP” in reply to any medihair.com mobile communication or by writing an email to support@medihair.com clearly indicating that you do not wish to receive additional mobile communications from medihair.com.

Medihair.com may, in its sole discretion, choose to honor or disregard revocation requests made through other means.

You agree to notify medihair.com immediately if you cancel your subscription to the number you provided to medihair.com at the time of registration by writing an email to support@medihair.com or change your domicile to a location outside of the United States. Medihair.com will terminate your subscription to mobile alerts within a reasonable period of time upon receipt of such a notice.

Upon its own election, medihair.com may terminate your participation in its mobile communications program at any time, in its sole discretion.

 

Modification

Medihair.com may modify or revise these Mobile Terms at any time by posting revisions on the medihair.com website. If you do not opt-out of receiving additional messages by texting “STOP” in reply to any medihair.com mobile communication or by writing an email to support@medihair.com clearly indicating that you do not wish to receive additional mobile communications from medihair.com after changes to these Mobile Terms, you agree to be bound by the modified or revised Mobile Terms.

You may not modify these Mobile Terms without express written consent from medihair.com.

 

Disputes

Any controversy, dispute, or claim arising out of or relating to these medihair.com Mobile Communications Terms and Conditions, the breach thereof, or mobile communications sent by or on behalf of medihair.com—including the suitability of your or medihair.com’s claim for arbitration—shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. If an arbitrator’s award is granted, it is binding and may be entered in any court of competent jurisdiction.

Neither party may bring an action, in arbitration or otherwise, unless the action is started within two years of the occurrence allegedly causing the damage in question.

No arbitration brought under, or with respect to, this Section is to be joined to an arbitration involving any other party subject to these Mobile Terms, whether through class arbitration proceedings or otherwise. Unless medihair.com and you mutually agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative, private attorney general, or class proceeding.

The arbitrator may award money or equitable relief in favor of only the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. Monetary relief shall be awarded only for direct damages; monetary relief shall not be granted for consequential damages, incidental damages, or lost profits.

Any arbitration award and any judgment confirming shall not have any precedential effect and may not be used in any other case except to enforce the award itself.

To reduce the time and expense of the arbitration, the arbitrator will not provide a statement of reasons for his or her award unless requested to do so by all parties.

For arbitration claims you assert against medihair.com in accordance with this Section (but not for any arbitration claim against you), medihair.com will pay your administrative, hearing, and arbitrator’s fees and costs for the arbitration (but not the fees, expenses, and costs of your lawyers, experts, or witnesses) in excess of any filing fee you would have been required to pay to file the claim as a lawsuit in a state or federal court (whichever is greater) in the judicial district in which you reside. Medihair.com will pay its, and you will pay your, lawyers’, experts’, and witnesses’ fees, expenses, and costs with respect to all claims.

Before seeking arbitration, you must first send to medihair.com a written Notice of Dispute (“Notice”). The Notice must be sent by certified mail to medihair.com LLC 396 Alhambra Circle, Suite 600 Coral Gables, FL 33134. The Notice should describe the nature and basis of your claim or dispute and the specific relief you seek. If you and medihair.com cannot reach an agreement to resolve the claim within thirty days after the Notice is received, you or medihair.com may commence arbitration.

 

Disclaimer of warranties

Medihair.com sends mobile communications on an “as-is” basis. Medihair.com specifically disclaims all express or implied warranties related to its mobile communications.

 

Governing law

These Mobile Terms shall be governed by and construed in accordance with the laws of the state of Delaware, without regard to conflicts of law provisions.

 

Severability

If, for any reason, a court or arbitrator of competent jurisdiction finds any provision, or portion thereof, of these Mobile Terms unenforceable, that provision shall be enforced to the maximum extent permissible, and the remainder of these Mobile Terms shall remain in full force and effect.

 

Survival

Sections H through K shall survive any termination of these Mobile Terms by either medihair.com or you.

 

Mobile Communications Terms and Conditions – SMS

Depending on what you have opted into, you will receive messages about hair loss treatments. We will contact you during our process with transactional messages to confirm your signup or send you an appointment reminder. Leads who signed up for hair loss treatment offers but couldn’t be reached or decided to continue at a later stage after talking to a consultant, can receive marketing text messages about hair loss news.

You can cancel the SMS service at any time. Just text “STOP” to the short code. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.

If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at 1-355-956-1553

Carriers are not liable for delayed or undelivered messages

As always, message and data rates may apply for any messages sent to you from us and to us from you. You will receive messages depending on the level of service, message frequency varies. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

If you have any questions regarding privacy, please read our privacy policy: https://medihair.com/privacy-policy/