Условия обслуживания

Политика конфиденциальности

Terms of Service

Article 1 : Purpose

These Terms of Service (“Terms”) govern the relationship between HERE UP LLC (“Company,” “we,” “us,” or “our”), a Delaware corporation operating the Medibook platform, and users (“Members,” “you,” or “your”) who access or use the Medibook application or website (“Medibook” or the “Service”).

Medibook provides an online platform to access, compare, and book medical, wellness, hospitality, transportation, and related concierge services. We act solely as an intermediary and do not ourselves provide medical treatment, accommodation, transportation, insurance, or other services.

Article 2 : Definitions

Participating Institutions: Medical institutions, professionals, wellness providers, hotels, transportation providers, and other service providers listed or bookable on Medibook.
Member: Any user who creates an account and agrees to these Terms.
Customer: A Member booking or using services via Medibook (for certain offerings, Korean nationals may be excluded per local policy).
Service: All platform features, including listings, search, matching/recommendations (including AI-powered), booking tools, payments facilitation, and concierge support.
Post: Any content uploaded by Members (text, photos, videos, reviews, files, links).
Points: Virtual credits granted by the Company as promotional benefits. Points are not e-money, legal tender, stored value, deposits, securities, insurance, or guarantees; they have no cash value, are non-transferable, and may expire or be canceled per Company policy.

Article 3 : Modification of Terms

We may amend these Terms in compliance with applicable law.
For material changes, we will provide prior notice, typically at least thirty (30) days before the effective date, unless a shorter period is required (e.g., legal, regulatory, or security reasons).
Continued use after the effective date constitutes acceptance. If you do not agree, discontinue use and close your account.

Article 4 : Formation of Agreement

Your membership is formed when you register and we confirm approval. Completion is effective once confirmation is issued or displayed.

Article 5 : Membership Restrictions

We may refuse, suspend, or terminate membership if: (a) false information is provided; (b) the applicant is a minor without required consent; (c) fraud, abuse, or security risks are detected; or (d) violations of these Terms or law occur. Identity verification may be required.

Article 6 : Use by Minors

Members must be at least 16 years of age (or the minimum age required by applicable local law, which may range from 13 to 16) to use the Service.

Users below this minimum age are not permitted to register or use the Service.

If required by applicable law, parental or legal guardian consent must be obtained for users under the age of 16.

Article 7 : Member Obligations

Members shall not: provide false or unauthorized information; infringe IP rights; upload illegal, abusive, deceptive, or harmful content; manipulate or solicit fake reviews; use bots/scrapers without consent; impersonate others; misrepresent affiliation; or provide or appear to provide medical advice.

Article 8 : Account Security

You are responsible for safeguarding credentials. Any activity under valid credentials is deemed yours. Report unauthorized use immediately.

Article 9 : Privacy and Data Protection

We process personal data in accordance with applicable laws (e.g., GDPR, CCPA, PIPL) and our Privacy Policy, which forms part of these Terms. Linked third-party services follow their own privacy policies.

Article 10 : Services Provided

Medibook enables browsing, comparing, and booking of services offered by Participating Institutions. We do not own, control, or operate the services booked through the platform. Each booking creates a direct contract between you and the Participating Institution.

Article 11 : Role of the Company (Intermediary)

We operate a marketplace and may provide limited payment collection services as agent for Participating Institutions. We do not guarantee, monitor, or control the quality, safety, legality, licensing, suitability, or availability of third-party services.

Medibook is not designed for emergency use. Do not rely on the Service for urgent or life-threatening conditions. In such cases, call local emergency services.

The Medical & Wellness Disclaimer (Annex A) forms an integral part of these Terms and is incorporated by reference.

Article 12 : Payments, Taxes, and Fraud

Payment Processing. Prices, currencies, fees, and timing are shown at booking. We may (i) process your payment as limited payment collection agent of the Participating Institution; or (ii) redirect you to the Institution’s gateway.
Platform Fees. Platform Fees are amounts retained by the Company for providing the Service (excluding sums remitted to Institutions, taxes, or pass-through charges).
Taxes. Taxes, duties, and fees are your responsibility unless expressly stated otherwise. We may collect/remit certain taxes as agent for Institutions where required.
FX/Bank Fees. Your bank may charge currency conversion or transaction fees; these are your responsibility.
Failed Payments. We may cancel bookings for non-payment, suspected fraud, or chargebacks.
Verification. We may require ID, payment, or eligibility verification and refuse bookings if unsatisfied.

Article 13 : Cancellations, Changes, and Refunds

Institution Policies Control. Cancellation, change, and refund terms are set by the relevant Institution and shown at booking.
Refund Processing. If we processed your payment as collection agent, we handle eligible refunds per Institution policy; otherwise, refunds are handled by the Institution.
No Company Liability. Except where required by law, we are not responsible for refunds, credits, or alternative arrangements.

Article 14 : Points (Promotional Credits)

Points may be earned or used as described in the Service. Points (i) are promotional only; (ii) have no cash value; (iii) are non-transferable; (iv) may expire, be adjusted, or forfeited upon inactivity, withdrawal, or violation of these Terms.

Article 15 : Service Availability and Suspension

We may suspend or discontinue all or part of the Service for maintenance, technical reasons, operational changes, regulatory requirements, or force majeure. We are not liable for interruptions unless caused by willful misconduct or gross negligence.

Article 16 : Warranties and Disclaimers

The Service (including AI-powered suggestions or ranking) is provided “as is” and “as available.”

We disclaim all warranties, express or implied, including merchantability, fitness for purpose, accuracy, or non-infringement.

AI outputs are informational only, not medical advice, and must not replace professional consultation.

See Annex A – Medical & Wellness Disclaimer.

Article 17 : Limitation of Liability

To the maximum extent permitted by law:
We are not liable for indirect, incidental, special, or consequential damages.
For any claim relating to a specific booking, our aggregate liability shall not exceed the greater of: (i) USD $100; or (ii) the Platform Fees you paid for that booking.
We expressly disclaim liability for any act, omission, service, negligence, malpractice, or outcome of Participating Institutions.
Some jurisdictions may not allow exclusions; in such cases, the limitation applies to the maximum permitted extent.
See Annex A – Medical & Wellness Disclaimer.

Article 18 : Intellectual Property

All rights in Medibook’s content, software, designs, and trademarks are owned by the Company or its licensors.

Article 19 : User Content and Reviews

By uploading, you grant us a worldwide, royalty-free license to use, reproduce, adapt, publish, and distribute Posts for operating, improving, and promoting the Service. You represent that your Posts are truthful and lawful.

We may moderate or remove Posts violating law or policy (including fake/paid reviews).

Article 20 : Indemnification

You agree to indemnify and hold harmless the Company and its affiliates against claims, damages, or expenses
(including legal fees) arising from:

(a) your breach of these Terms;

(b) misuse of the Service;

(d) disputes with Participating Institutions.

This indemnification expressly includes claims related to medical or wellness services as set forth in Annex A.

Article 21 : Country-Specific Services

Availability and features may differ by jurisdiction. Where mandatory consumer protection laws apply, they prevail only in direct conflict with these Terms.

Article 22 : Class Action Waiver

To the maximum extent permitted by law, you agree to bring claims only individually, not as a class member. No class arbitration without consent of all parties.

Article 23 : Governing Law and Dispute Resolution

Good-Faith Negotiation. Parties will first attempt amicable resolution.
Governing Law. Delaware law governs, except where mandatory consumer laws of your country of residence prevail in part.
Jurisdiction. Consumers may bring disputes in mandatory local courts. Otherwise, Delaware courts have exclusive jurisdiction.
B2B Partners. Disputes with Participating Institutions shall be exclusively resolved by arbitration under SIAC/ICC rules, seat Singapore, language English. Award final and binding.
Language. English version prevails.

Article 24 : Miscellaneous

Entire Agreement. These Terms (including Privacy Policy and Annex A) form the entire agreement.
Severability; Waiver. If any provision is invalid, the rest remains enforceable. Failure to enforce is not a waiver.
Assignment. We may assign these Terms upon merger, acquisition, or restructuring.
No Third-Party Beneficiaries. Except as expressly stated, no third party has rights.
Headings. For convenience only.

Annex A – Medical & Wellness Disclaimer

Intermediary Role Only

Medibook is an online platform that facilitates access to information, listings, and booking of medical, wellness, hospitality, transportation, and related services (“Participating Institutions”). The Company does not provide medical treatment, medical advice, or wellness services itself. No doctor–patient relationship is created by using Medibook.

No Medical Advice

All information—including descriptions, pricing, availability, reviews, ratings, and editorial or AI-generated summaries—is for general informational purposes only. Nothing on Medibook constitutes or should be relied upon as medical advice, diagnosis, or treatment. Medibook is not for emergencies. In an emergency, call local emergency services immediately.

AI-Based Recommendations

Any AI-powered suggestions, matches, rankings, or summaries are provided for convenience and personalization only. Such outputs are not medical advice and must not replace consultation with qualified professionals. The final decision to book, purchase, or undergo any service is entirely yours.

Verification & Due Diligence

The Company may review publicly available or submitted documents (e.g., business registration, hospital license, professional certifications) when institutions register, and may conduct an initial check at the registration stage.
However, the Company does not independently verify, audit, or continuously monitor the validity, renewal, or local law compliance of such documents.
Members must directly confirm qualifications, licenses, consent forms, pre-op requirements, aftercare instructions, contraindications, and refund/cancellation policies with the Participating Institution before proceeding.

Member Responsibility

Members are solely responsible for evaluating and accepting the risks of any service booked through Medibook. Medibook’s information may assist as reference only, but does not substitute for members’ own due diligence. By using the Service, you acknowledge that the Company has no liability for adverse outcomes, malpractice, negligence, omissions, or dissatisfaction arising from services provided by Participating Institutions.

Travel & Medical Insurance

Medibook is not an insurer, broker, or agent, and does not underwrite or guarantee insurance coverage.
In some cases, Participating Institutions or partners may offer optional travel or medical insurance. If you purchase such insurance, the terms of the issuing insurance provider govern, and the Company bears no responsibility for coverage, claims, or payouts.
Medibook may display or facilitate access to such third-party insurance offerings solely for convenience, without recommendation or guarantee.

Responsibility of Participating Institutions

All medical/wellness procedures, outcomes, side effects, risks, and aftercare are the sole responsibility of the Participating Institution. Any representations, guarantees, or warranties regarding services are made exclusively by the relevant Institution. Medibook does not endorse or guarantee any specific outcomes, representations, or marketing statements of Participating Institutions.

Limitation of Liability

To the maximum extent permitted by law, the Company disclaims all liability for injury, damages, or losses related to medical, wellness, or related services, whether arising from negligence, malpractice, product liability, or otherwise, as such services are rendered solely by third-party Participating Institutions.