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Healthcare provider terms and conditions

Updated at 17/2/25

This document, together with the Healthcare Provider Agreement (and any other documents referred to in that document) (together the “Agreement”), contain the terms of your recognition as an MMG Accredited Healthcare Provider and your obligations when providing private healthcare services (“Healthcare Services”) to the users of MMG’s website (the “Platform Users” and the “Platform” respectively). This Agreement is between you, the person named in your Application (“you” and your “Practice”), and My Medical Gateway International Limited (“MMG”, “we”, “our”, and “us”). By accepting your status as an MMG Accredited Healthcare Provider, you are agreeing to the Terms of this Agreement which shall apply to the Healthcare Services provided by you to any Platform Users.

The language used is formal as it is necessary to keep these terms as brief and clear as possible. As you work through the document, we have set out clearly what we are asking you to do and what we will do for you. Capitalised terms have the meanings given in the ‘Defined Terms’ section below.

The provisions of this Agreement may need to evolve over time, including where needed to reflect MMG’s changing customer proposition, geographical expansion, its strategy around treatment developments and/or technological innovation. We do therefore reserve the right to make changes to these terms and the Agreement generally on written notice to you at the last address or email address you have provided to us for communication. The changes will take effect 30 days after the date on which we send the details of any change to you. If you feel that you are unable to accept these changes, then you may exercise your right of Termination under Paragraph 17.

  1. WHO WE ARE

    1. My Medical Gateway International (“MMG”, “us”, “we” or “our” as the context requires) provides, in the first phase of its growth plan, access to Healthcare Services on its Platform exclusively to Platform Users within the United Kingdom (the “Territory”) that are seeking private Healthcare Services outside of the Territory from eligible providers of Healthcare Services exclusively in the European Union (“Healthcare Providers”).

    2. MMG is not a medical service provider, healthcare provider, healthcare insurance provider or healthcare agent and is not responsible for providing, setting or controlling the prices applicable to any of the Healthcare Services which you offer or provide to our Platform Users. 

    3. MMG also connects Platform Users with Diagnostic Service Providers in the United Kingdom who will collect medical data (the “Diagnostic Data”) and provide it directly to the MMG Accredited Healthcare Providers, in order to (1) provide the Platform Users with streamlined access to high-quality Healthcare Services in the EU, and (2) provide MMG’s Accredited Healthcare Providers with access to a large market of Platform Users within the Territory who are seeking immediate Healthcare Services.  

    4. MMG offers ongoing support to its Platform Users, including 24-hour English-speaking support-lines to make allow them to obtain their treatments with as little stress as possible. 

    5. Our Services and Platform are provided by MMG, a private limited company incorporated and registered in Hong Kong with company number 77077446. Other entities that directly or indirectly control, are controlled by, or are under common control with MMG are referred to in these terms as “MMG Group Companies”. You can find our details, including correspondence address and registered office, on the About Us page.

  2. THESE TERMS

    1. These Terms and Conditions govern your access to and use of our Services and Platform, together with our Privacy Policy. These terms should be read in conjunction with the Healthcare Provider Agreement (the “HPA”) entered into between you and MMG.

    2. By accessing or using the Services or Platform, you are confirming that you have read, understood and agreed to these terms and those of the privacy policy and cookie policy. 

    3. Some of our Services and Platform impose different terms and conditions on your use of those services. Where this is the case, you will be clearly notified and those terms will operate in place of or together with these terms as appropriate. For the avoidance of doubt, these Terms and Conditions apply to MMG Accredited Healthcare Providers only and not to Platform Users directly. 

    4. We may amend these Terms and Conditions at any time at our discretion. If any of the Terms are amended, we will publish the revised Terms and Conditions and you will be deemed to have accepted any amendments if you continue using our Services and Platform after the amendments are displayed. If you do not accept all of these Terms then you should not use our Services or Platform. 

  3. USING OUR SERVICES

    1. You may only use our Services and Platform in compliance with applicable laws and for legitimate purposes. In consideration of you agreeing to these Terms and Conditions, we grant you a non-transferable, non-exclusive licence to access and use our Services and Platform to publicise your Healthcare Services to our Platform Users. We grant this licence subject to you agreeing that you shall not:

      1. use our Services or Platform for any purpose that is improper, unlawful, or to post, share or transmit any material that: (i) is defamatory, offensive, obscene or otherwise objectionable; (ii) is in breach of confidence or privacy or of any third party’s rights including copyright, trade mark or other intellectual property rights; (iii) is posted, shared or transmitted for the purpose of advertising or promoting yourself or any third party; (iv) is misleading or misrepresentative as to your identity or which in any way suggests that you are sponsored, affiliated or connected with MMG; or (v) you do not otherwise have any rights or the permissions you need to make available;

      2. use our Services or Platform for any commercial purpose not provided for under this Agreement or in any manner which may cause damage to MMG or bring MMG into disrepute;

      3. disassemble, reverse engineer or otherwise decompile any software, applications, updates or hardware contained in or available via our Services or Platform, except as legally permitted;

      4. copy, distribute, communicate to the public, sell, rent, lend or otherwise use our Services or Platform, or seek to violate or circumvent any security measures in place to restrict your access to or use of our Services or Platform;

      5. use or interfere with our Services or Platform in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other Platform Users;

      6. introduce onto, or transmit via our Services or Platform any disruptive or malicious code, virus, worm, or trojan horse, or a ‘denial of service’ or ‘spam’ attack; or

      7. remove, alter or replace any notices of authorship, trade marks, business names, logos or other designations of origin on our Services or Platform, or pass off or attempt to pass off our Services or Platform as the product of anyone other than MMG.

    2. You also agree not to use any unauthorised automated computer program, software agent, bot, spider or other software or application to scan, copy, index, sort or otherwise exploit our Services or Platform or the data contained on them. MMG has made a substantial investment in collecting, processing and presenting MMG Accredited Healthcare Providers, and offers access to healthcare data (including Platform User Data), so any breach of this provision is a material breach of these Terms and MMG reserves the right to take any technical or legal action to detect and restrict unauthorised automated access to our Services and Platform.

    3. By agreeing to these Terms, MMG will present your data on its Platform and facilitate its Platform Users contracting with you for the provision of Healthcare Services. MMG may undertake hyper-localised marketing campaigns to attract UK individuals seeking Healthcare Services to use the Healthcare Services offered on the Platform. However, at no point shall MMG be deemed to be responsible for the provision of such Healthcare Services and MMG will not be making representations as to the quality or eligibility of the MMG Accredited Healthcare Providers on its Platform other than to state that AHPs comply with our requirements as set out in these Terms and Conditions.  

  4. BASIS OF RECOGNITION

    1. Your relationship with MMG is important to us and we agree to recognise you as an MMG Accredited Healthcare Provider on the Terms set out in this Agreement and on the basis of your Application which you submitted on our Onboarding Portal. In return you agree that you will provide Healthcare Services to Platform Users within the United Kingdom through the Platform and in accordance with the Terms of this Agreement and that any agreements or arrangements you may have with a Platform User are subject to the Terms of this Agreement. 

    2. You agree that you and your Practice are legally incorporated, certified and regulated in accordance with the laws of your jurisdiction within the EU, and that you conform with all relevant Regulations and Directives of the European Union.  

    3. You agree to notify us immediately of any:

      1. change to the information contained in your Application (“AHP Information”); 

      2. formal investigation of your Practice by any party (such as a facility, public regulator or governing body); 

      3. sanction applied to your registration by an independent or public regulator of doctors or healthcare professionals or change to your registration as a healthcare provider (including conditional registration or investigation); 

      4. information which causes, or could cause, any of the assurances provided by you under this Agreement to become invalid; or 

      5. legal or threatened legal action against you in connection with your profession, including criticism by a Coroner or Magistrate at inquest; criminal convictions which have been threatened against you; and practice restriction, suspension or dismissal from any employment or voluntary work, or any changes to your practicing privileges at any hospital or facility. 

    4. On the occurrence of any of the above events or circumstances described at Paragraph 4.3 above, MMG shall be entitled to suspend this Agreement until such time as deemed appropriate at MMG’s sole discretion.  

    5. For the duration of the Contract Duration or for a period of five years from the Effective Date, whichever is longer, you will not be concerned or interested directly in the provision of Healthcare Services to individuals referred to you by a service provider reasonably likely to be a competitor of MMG.  

  5. TERMS OF AGREEMENT

    1. You must maintain your status as a Healthcare Provider trained for the purposes submitted to the Platform. Should you take a decision to amend your specialities, you must notify MMG immediately as we will be unable to pay your fees if we have not agreed to recognise you for the change in your clinical status.

    2. You agree that, in return for MMG’s support and referrals to our Platform Users, you maintain a professional relationship with our Platform Users and do not disparage MMG. This obligation will survive termination of this Agreement.

    3. You agree to fully indemnify and hold MMG harmless against any direct damages, losses, liabilities, obligations, costs of any kind, interest, penalties, administrative fees, legal costs and expenses (including direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and other professional costs) suffered or incurred by MMG in connection with the provision of Healthcare Services. 

  6. PAYMENT AND TREATMENT PROCESS

    1. Presenting AHP Information: MMG will present AHP Information on its Platform and such information will be reflective of the information provided by you to MMG. The AHP Information provided by you will be reviewed and may be approved by MMG at its sole discretion.

    2. MMG will make available to you an Account Management Centre which will allow you to see details of the Platform Users who have been presented with a Treatment Package from your Practice. This is to allow you to assess traffic for specific Treatments and manage your workflows. 

    3. Treatment Prices: Included in your AHP Information, you will provide prices for the Healthcare Treatments (“Treatment Prices”) and these Treatment Prices must be accurate and cover in full the foreseeable costs at which you will provide the Treatment. 

    4. The Treatment Price must be comprehensive and must include all cost of the ancillary services listed in the Treatment Package at Schedule 1 and must account for the following fees and commissions which shall be retained by MMG:

      1. the administration, transaction and service fees for MMG’s Services equating to 5% of the Treatment Price (“ATS Fee”); and

      2. MMG’s commission which constitutes its consideration for providing additional business to you and equates to 10% of the Treatment Price (“Commission”).

    5. Accordingly, from the Treatment Price, the Healthcare Provider will be entitled to 85% of the Treatment Price and MMG will be entitled to 15% of the Treatment Price.

    6. Save for exceptional circumstances or requirements of the Platform User, the Treatment Prices shall be deemed binding after you have published them on the Onboarding Portal, which automatically updates the prices displayed on the Platform. It is important that you review the Treatment Prices regularly and update them if necessary.

    7. The Treatment Price will be displayed on the Platform attached to the name of your Practice and the rest of your AHP Information for the consideration of the Platform Users and the Platform Users will make a decision to select an MMG Accredited Healthcare Provider based on the competitiveness of the Treatment Prices.  Your AHP Information must include your minimum requirement for diagnostic data for the specific Treatment selected by the Platform User.

    8. Indicative Treatment Contract: You must provide to MMG a standard contract for the provision of Healthcare Services, which shall contain all of the relevant terms and conditions of your provision of Healthcare Services to Platform Users (“Indicative Treatment Contract”). It is important that you ensure the Indicative Treatment Contract we have on file is updated at all times and you are solely responsible for ensuring we are notified of any changes to your Practice’s terms. 

    9. The Indicative Treatment Contract must not contradict any of these Terms and Conditions, and must include: 

      1. the services which are included in a Treatment Package as set out at Schedule 1; 

      2. details of your cancellation policy noting the required terms prescribed by MMG’s Cancellation Policy below; 

      3. details of your disputes process; and

      4. an acknowledgment that MMG accepts no liability for any of the Relevant Healthcare Services provided by you to the Platform User. 

    10. At this stage:

      1. We will present the Platform User with details of your Practice including the Treatment Prices; and  

      2. We will communicate your requirements to the Platform User concerning the Diagnostic Tests specified by you for the Relevant Treatment and MMG may assist the Platform User by providing links to its Diagnostic Service Providers in the UK. 

    11. Treatment Contract: If the Platform User selects a Treatment Package from your Practice, we will provide you with their details and you will provide a populated contract to the Platform User containing their details (“Treatment Contract”).

    12. The Treatment Contract must not include any terms which contradict those of the Indicative Treatment Contract nor any of these Terms and Conditions, and must include: 

      1. all relevant terms contained in the Indicative Treatment Contract as set forth at 6.9; 

      2. the Platform User’s details including age, address and date of birth; 

      3. comprehensive details of their specific Treatment Package, including any ancillary services required for the Relevant Treatment; 

      4. the Treatment Price; and

      5. the Treatment Date. 

    13. Except as required by paragraph 6.9.4 of these Terms, the Treatment Contract must not make any direct reference to MMG and none of the terms contained therein shall have the effect of binding MMG as a party to the Treatment Contract. 

    14. Any fees payable to MMG (including the ATS Fee and Commission) are agreed expressly between you and MMG and the Treatment Contract shall not create any rights or obligations between MMG and the Platform User. 

    15. Upon signature of the Treatment Contract, you must provide MMG with an executed copy of the Treatment Contract.

    16. You may require the Platform User to sign additional contracts, waivers or agreements as necessary to comply with your local laws and regulations, including wet ink signatures in person at the Medical Centre. Any further agreements with the Platform User must be strictly necessary to deliver the Treatment Package and must not conflict with any of these Terms and Conditions. 

    17. Initial Payment: The Platform User will then be requested to make an upfront payment to MMG equal to 10% of the Treatment Price (“Initial Payment”).

      1. The Initial Payment will consist of the ATS Fee and a deposit held by the Payment Service Provider on account for you, equal to 5% of the Treatment Price (the “Deposit”). 

      2. The Initial Payment will be collected in Euros but also described in GBP Sterling (at the given spot rate exchange rate). 

      3. The Initial Payment shall be collected by the Payment Service Provider and your Deposit shall be allocated to your designated account for payment by no later than 10 days before the Treatment Date (in accordance with Clause 10 – Payments Procedure). 

      4. From the Initial Payment, MMG shall be entitled to the ATS Fee. 

      5. The Initial Payment shall be fully refundable if the Platform User withdraws from the agreement within 14 days in accordance with Consumer Laws (“Cooling Off Period”). 

      6. The Initial Payment shall be refundable if the Platform User is rejected for treatment. 

    18. Diagnostic Tests: Once the Platform User has paid the Initial Payment, we will send them their requirements for Diagnostic Tests on your behalf, to be provided directly to you.

    19. Diagnostic Tests shall be carried out in accordance with Clause 7.

    20. Reviewing Diagnostic Data: Once you have been sent the Diagnostic Data, you will have one working day to review the Diagnostic Data to decide whether or not to provide the Healthcare Services to the Platform User, and inform MMG of your decision.

    21. In circumstances where you believe that a Platform User may be qualified for Treatment but presents complications that require further diagnostic data and/or a video call with your medical professionals to enable you to make a decision, you will communicate this to MMG so that the Platform User may be informed and asked to provide it.

    22. In the unintended circumstance that you decide not to provide Healthcare Services to the Platform User, no fees will be owed to you, and the Initial Payment will be refunded to the Platform User.

 

  1. Agreeing Treatment Date: If you agree to provide the Relevant Healthcare Services, you will provide to MMG three dates of availability for the Relevant Healthcare Services for the Platform User. These must be within 6 weeks but not less than 2 weeks. 

  2. If the Platform User cannot attend any of these dates, you will use your best endeavours to provide a reasonable number of further dates of availability until a Treatment Date is agreed. 

  3. Payment of Treatment Balance: MMG will issue a notification to the Platform User requesting payment of the balance of the Treatment Price (“Treatment Balance”). 

  4. The Treatment Balance will be payable immediately and certainly not later than 14 days before the Treatment Date and will become non-refundable upon payment in accordance with the Cancellation Policy. 

  5. The Treatment Balance will be held by the Payment Service Provider to be automatically paid to your designated account (less the MMG Commission) no later than 10 days before the Treatment Date.

  1. Any cancellation by you or the Platform User after this time will be subject to the Treatment Contract which must contain terms which reflect MMG’s Cancellation Policy at Clause 11.  

  2. DIAGNOSTIC TESTS

    1. Diagnostic Tests shall be performed by any qualified and registered private hospital, healthcare centre or medical clinic chosen by the Platform User, including MMG’s Diagnostic Tests Providers, in the United Kingdom and any Diagnostics Data shall be made available to you directly by the diagnostic test provider as soon as it is ready on the instructions of the Platform User. 

    2. Your recognition of the Diagnostic Data will be provided remotely and will only extend to those Diagnostic Tests that are relevant to the Relevant Treatment on the Onboarding Platform.

    3. MMG shall at no point hold or process the Diagnostic Data and you shall indemnify and hold harmless MMG for any liability arising from the Diagnostic Data. 

  3. CHARGES

    1. The agreed charges are those which are provided for in the Treatment Price. If you are recognised to provide Healthcare Services to Platform Users as set out in your Application, the charges that you should make for any Treatment must match the Treatment Price provided in your Application. We suggest that you check your Treatment Prices regularly in case of any changes.

    2. If, further to pre-operative checks at your Practice on arrival for Treatment, you decide that a Platform User requires a more complex procedure than the one for which they contracted with you and which is not listed on the Platform, please inform the Platform User immediately and contact MMG on your account on the Platform.

    3. The amounts you charge within the Treatment Price are inclusive of each element required to deliver the Relevant Healthcare Services (including professional fees, recording and reporting, interpretation, consumables, equipment costs and any relevant taxes or administrative charges). You further agree that the Platform User will only pay for the Relevant Healthcare Services and ancillary services included in the Treatment Package in accordance with these Terms. 

    4. Unexpected bills are a major cause of customer complaint and so we have set out below how charging needs to operate. 

    5. It is a condition of this Agreement that you (1) only charge the Platform User the Treatment Price for any surgical procedures contained in the Treatment Package and (2) will not invoice or bill Platform Users personally for any services contained within the Treatment Package, or element of any Treatment Package, including taking any deposits or upfront payments, except in accordance with these Terms. 

    6. Where the Platform User is to be charged by your Practice directly for Healthcare Services not covered by the Treatment Package, you agree that, in advance of providing those Healthcare Services, you will have: (1) informed the Platform User that they are responsible for any Healthcare Services not covered by the Treatment Package; and (2) informed the Platform User of the likely cost of the Healthcare Services; and (3) obtained the Platform User’s written consent to pay personally for those costs not included in the Treatment Package. You will be required to provide evidence of compliance with this Paragraph to MMG on request and will not be able to charge a Platform User directly unless MMG agrees that this Paragraph has been complied with to its reasonable satisfaction. 

    7. In the unintended circumstances where a Platform User requires additional Healthcare Services beyond those included in the Treatment Price, you will ensure that accessing care remains affordable for Platform Users and that you are offering value for money with consultations, taking a discerning approach as to whether a consultation will materially increase the likelihood of outpatient diagnostics investigations or procedures being required (where they would have a materially lower likelihood if a physical examination was possible). You agree to be mindful of this impact on Platform Users and consider this in your practice. 

  4. PAYMENTS PROCEDURE

    1. We would like to pay your Treatment Prices promptly and the paragraphs below set out how this will work. 

    2. Payments will be made by the Platform User to our Payment Service Provider who will hold a separate account for each Healthcare Provider on whose behalf we accept payments. 

    3. Payments will be accepted through Visa and Mastercard and other payment methods as permitted by the Payment Service Provider from time to time. 

    4. MMG will be paid the ATS Fee by the Payment Service Provider upon receipt of the 10% Initial Payment.  The Payment Service Provider will allocate the balance of the Deposit to you in Euros at your account at the Payment Service Provider as soon as the Platform User has selected a Treatment Date. You must hold the Platform User’s Treatment Date until 14 days before the Treatment.  Our Payment Service Provider will pay you an amount equal to 85% of the Treatment Price to your Nominated Bank Account in Euros 7 days before the Treatment Date.  

    5. You must notify MMG as soon as possible upon receipt of payment from the Payment Service Provider. 

    6. Upon receipt of payment, you are committed to keeping the Treatment Date available for the Platform User and shall promptly notify MMG of any issues or changes to the Treatment Date or Treatment Package. 

    7. Your invoice for the Treatment must be submitted to MMG electronically within 6 working days of receiving the Treatment Balance and, in any event, by no later than the one working day before the Treatment Date. You agree to invoice us only for Relevant Healthcare Services carried out by you in accordance with these Terms, at the Treatment Price.  

    8. You agree to provide us with a valid invoice for the Treatment Price which includes the following: 

      1. date of invoice; 

      2. the Treatment Price designated in Euros, showing a nil outstanding balance assuming the Treatment Balance has been remitted to you in accordance with  6.27;

      3. date of treatment; and

      4. the Platform User’s name, date of birth, postcode, registration number, and the Treatment name and applicable Treatment Code listed on the Platform.

    9. If you have any issues regarding your billing, please contact MMG through the Platform. 

    10. We ask that you do not chase us for payment until 5 days from the date on which payment falls due in order to allow time for processing to complete. 

    11. Occasionally we may overpay an invoice in error. Where you are overpaid, you will be required to promptly return any overpayment the Payment Service Provider and the Payment Service Provider will be entitled to set off overpayments to you against other amounts payable to you. 

    12. We may also, on reasonable notice, conduct an audit of your underlying billing or clinical data to confirm the appropriateness of decisions made, charges billed and/or paid, and/or compliance with these terms. You agree to assist us on reasonable request in these audit activities, including providing relevant financial records and medical notes (where Platform User consent permits). As part of these audit rights you agree, at no additional cost, to make available to us reasonable evidence of your compliance with the obligations set out in these Terms, and to allow for and contribute to audits on Healthcare Services, including physical inspections of your premises, auditing and copying any relevant records, processes and systems, conducted by any member of MMG, its representatives or regulators.

  5. CANCELLATION POLICY

    1. MMG has its own policy in place for the unlikely event that a Platform User cancels their Healthcare Services which complies with its requirements under English Consumer Law (“Cancellation Policy”). This Paragraph explains MMG’s Cancellation Policy. 

    2. If the Platform User cancels their Treatment within 14 days of Initial Payment, the Platform User will receive a full refund in accordance with Consumer Laws (“Cooling Off Period”). 

    3. If the Platform User requires any of the Healthcare Services to commence within the Cooling Off Period following the Treatment Contract, you must obtain the Platform User’s express consent that services provided in this period may not be eligible for a refund notwithstanding the Cooling Off Period. 

    4. Once the Platform User has paid the Initial Payment and agreed to the terms of the Treatment Contract, they will become subject to your cancellation policy. However, your Treatment Contract must correspond with the terms of the Cancellation Policy set out herein.

    5. When entering the Treatment Contract with the Platform User, you will notify the Platform User of the Cancellation Policy and provide a reasonable explanation of their rights and obligations thereunder, including: 

      1. that the Platform User may no longer be eligible for a refund of the Initial Payment once 14 days have elapsed since making the Initial Payment; and

      2. if the Platform User cancels the Treatment following payment of the balance of the Treatment Price, this payment will no longer be eligible for a refund as the Platform User will has already agreed to the Treatment Contract upon making the Initial Payment and you will have already started providing services pursuant to the Treatment Contract.

    6. If the Platform User requires any of the Healthcare Servies to commence within the Cooling Off Period meaning they are not eligible for a refund under the Consumer Laws, you must obtain the Platform User’s express consent that services provided in this period may not be eligible for a refund.

    7. If you cancel a Treatment to the detriment of the Platform User, you agree to use your best endeavours to offer an alternative Treatment Date to the Platform User as close in time as possible to the Treatment Date, and you shall reimburse the Platform User for any reasonable and necessary additional costs reasonably incurred by the Platform User as a result of your cancellation, including any additional travel and accommodation costs.

    8. If you are unable to arrange a replacement Treatment Date and you are required to cancel the Treatment, you will be required to reimburse the Platform User (through the Payment Service Provider) in full for any of the Treatment Price already received.

  6. CLINICAL STANDARDS

    1. You agree to ensure that all Healthcare Services are provided in accordance with best practice using professional and ethical standards, practices, methods and procedures conforming to the law and exercising that degree of skill, care diligence, prudence and foresight which would reasonably and ordinarily be expected from a skilled, efficient and experienced clinical services provider providing clinical services the same or similar to the Relevant Healthcare Services at the time that they are provided. This should include, but not be restricted to, guidelines issued by the GMC or the equivalent regulatory body (including “Good Medical Practice”) and any relevant EU guidance including the harmonised standards issued by the European Commission. 

    2. You agree that clinical quality will be at the heart of the care you deliver to our Platform Users. In support of this, you agree to provide all Healthcare Services in accordance with the Treatment Package shown at Schedule 1. 

    3. You agree that Treatments will only be carried out in a Medical Centre with an available emergency centre which is sufficiently equipped to deal with any reasonably foreseeable injury or procedural malfunction during the Treatment. 

    4. We may require additional AHP Information to enable us to present your Healthcare Services to our Platform Users or make payments and you agree to provide us with any information we require within 5 business days of request from us. 

    5. We may on occasion receive a serious compliant about your professional services. If we contact you about such a case, it will usually follow a complaint made to us by one of our Platform Users. We ask that you fully review any such complaint and provide us information in writing within 5 business days of receipt of the complaint to inform us of the nature of the complaint and the action plan and proposed response to the relevant Platform User as well as any other information we may reasonably request to the extent permitted by applicable data protection legislation, which will help us to address any Platform User concerns. 

    6. MMG will assist in handling complaints of its Platform User only insofar as is necessary to maintain the quality of its Services and has no obligations to you or its Platform Users if a complaint proceeds to a formal dispute. 

    7. If a complaint proceeds to a formal dispute, such a dispute will be solely between you and the Platform User and will be subject to the terms of the Treatment Contract. For the avoidance of doubt, MMG will have no involvement in any disputes between a Platform User and an AHP except insofar as MMG’s cooperation is required by the laws of the relevant jurisdiction. 

  7. HEALTHCARE SERVICES

    1. This section relates to the expectations of our Platform Users in relation to the Healthcare Services provided, and you agree to the requirements set out below. 

    2. You agree to keep MMG updated of clinic times and contact details for appointments and to ensure that an English-speaking customer service professional is assigned to each Platform User that chooses your Practice whom they may call at any reasonable time to discuss any matter that falls within their Treatment Package and seek your advice on transportation and local accommodation.

    3. Included within the Treatment Package and covered by the Treatment Price, you agree to: 

      1. review the Platform User’s progress in person with them while in hospital (updating the Platform User’s medical record as required); 

      2. update family members when requested (with the Platform User’s consent); 

      3. attend the Platform User for provision of any Healthcare Services in person; and 

      4. provide follow-up consultations in person (the number of which to be in line with evidence-based clinical best practice which is consistent with published evidence-based guidelines). 

  8. REFERRALS

    1. Where clinically appropriate, as your UK referral partner, you agree to promote the Services of MMG. 

    2. You agree to redirect all referrals or enquiries from individuals who are permanent UK residents (whether a Platform User or not) to MMG and explain to the UK individual in sufficient detail how to access and utilise the Platform. 

    3. If in your judgment none of the MMG Accredited Healthcare Providers (listed on the Platform) are appropriate, please contact MMG on the Platform. 

    4. Please note that where Platform Users are referred by you to any party other than MMG, we will review this with you in order to understand the reason(s) and take any appropriate action, which may include termination of your Healthcare Provider Agreement and withdrawal of your recognition as an MMG Accredited Healthcare Provider. 

  9. INFORMATION PROVISION

    1. You agree, upon reasonable request by us, to provide us with the following data: 

      1. average wait time between Platform User referrals to and appointments with you for those Platform Users for the past 6 months; 

      2. details of actions taken in response to patient feedback which you receive directly and from us; 

      3. the average number of consultations you provided by diagnosis involved in treating each Platform User within the past 6 months; and 

      4. the number of patient complaints about you and your practice in the last 6 months (total patient complaints not just Platform User complaints).

    2. You shall submit clinical quality key performance indicators in accordance with the requirements set out by government appointed bodies.

    3. We will represent you on our Platform for referrals from our Platform Users. You therefore agree that you will ensure at all times that the AHP Information is accurate, factual and can be checked, and provide written confirmation of this at least twice a year, and at any time reasonably requested by MMG. 

  10. CONFLICT OF INTEREST

    1. You agree to manage any potential conflict of interest and to comply at all times with the GMC’s (or equivalent) guidance on financial and commercial arrangements and conflicts of interests. 

    2. You will promptly notify us in writing of any arrangement where you receive a benefit for offering private Healthcare Services at a particular private hospital or facility, other than that provided by you on the Platform, and we will have the right to terminate your Healthcare Provider Agreement immediately on written notice to you on receipt of a notification of this level of control or benefit. 

  11. CONTRACT DURATION AND TERMINATION 

    1. This Agreement shall commence upon signature of the Healthcare Provider Agreement (“Effective Date”) and shall continue indefinitely until it is terminated in accordance with this Paragraph. 

    2. MMG reserves the right at any time and without reason to withdraw your recognition as a MMG Partnered Healthcare Provider on 30 days’ prior written notice. 

    3. In the event of an actual or suspected material breach by you of these terms which we believe to be incapable of rectification, or on the occurrence of any of the events set out in Paragraphs 3.1.1 to 3.1.7 (inclusive), or Paragraph 4.3, we reserve the right to suspend your recognition until the breach or event has been remedied to our reasonable satisfaction or, in the case of an actual breach, terminate your Healthcare Provider Agreement immediately. 

    4. You can terminate your Healthcare Provider Agreement without cause by giving 30 days’ prior written notice at the following points in time (“Break Clause”):

      1. 12 months following the Effective Date; and 

      2. 36 months following the Effective Date.

    5. Notwithstanding the Break Clause, you may at any time request that your Healthcare Services are no longer displayed on the Platform. This will not affect your continuing obligations under this Agreement. 

    6. If your Healthcare Provider Agreement ends, your recognition with MMG will also end and you will no longer be represented on the Platform.

    7. Where we feel that there are issues of safety regarding the treatment of Platform Users, or indications of fraud, we may terminate your Healthcare Provider Agreement and your status as an MMG Partnered Healthcare Provider immediately. 

    8. If a Platform User is receiving Healthcare Services  on the date your recognition ends or is suspended, you agree you will, at our election, either: (1) continue to provide such Healthcare Services  as is in the best interests of the Platform User, until the earlier of completion of the Platform User’s Healthcare Services  or the Platform User’s safe transfer to another MMG Partnered Healthcare Provider of their choice; or (2) notify us and stop treating the Platform User immediately and arrange the safe transfer of the Platform User to another suitable Healthcare Provider (as elected at the sole discretion of MMG in consultation with the Platform User). If the former, you shall be entitled to invoice MMG for that Healthcare Services (subject to these Terms, provided that the invoice is for no more than the agreed Treatment Price).

    9. If a Platform User is receiving post-operative tests on the date your Healthcare Provider Agreement ends, you agree you will notify us and complete any outstanding tests under the Treatment Package (provided that you will ensure that you will deliver any outstanding results of tests in a timely manner and arrange the safe transfer of the Platform User to another suitable MMG Accredited Healthcare Provider). You shall be entitled to invoice us for those tests provided they were already agreed expressly and included in the Treatment Price, and were carried out to completion and all information pertaining to such services have been provided to MMG. 

  12. INSURANCE

    1. You must be accredited to at least one national or international insurance provider, a representative selection of which is provided on the Onboarding Portal. 

    2. You agree to hold medical malpractice insurance to cover your liability to MMG and our Platform Users. You agree to provide evidence of this promptly and on request by MMG. The minimum levels of such cover must be sufficient to cover liability that might reasonably be foreseen to be incurred as a result of treatment by you under these terms. Failure to hold suitable insurance or indemnity in accordance with this condition shall be deemed a material breach of these terms and as such your Healthcare Provider Agreement will be terminated. 

    3. In respect of Diagnostic Tests, where provided under your Healthcare Provider Agreement, you agree to arrange and maintain during the Contract Duration of the Healthcare Provider Agreement and for a period of six years following termination, public liability insurance cover with a reputable insurer for a minimum of €5,000,000 per claim.  

    4. Notwithstanding this provision, MMG shall accept no liability for any Healthcare Services provided to its Platform Users and you shall make it known to the Platform Users that you are solely responsible and liable for any claim arising from Healthcare Services. 

  13. DATA PROTECTION

    1. You agree to comply with all applicable obligations in respect of any Personal Data relating to a Platform User (“Platform User Data”) imposed by, or made under, Data Protection Law, for so long as you process any such Platform User Data. 

    2. You agree not to perform your obligations under your Healthcare Provider Agreement or these terms in such a way as to result in MMG breaching its obligations under Data Protection Law. 

    3. From time to time, we may ask you to disclose Platform User Data to us to exercise our rights under these terms and so we can manage claims made by Platform Users and administer our Services. You agree, at no additional cost, to provide cooperation and assistance to us as we may reasonable require you to obtain such Platform User Data, or to enable us to comply with our obligations under Data Protection Law including, but not limited to: (i) individual rights; (ii) data security; (iii) data protection impact assessments; and (iv) investigating any complaint raised by a Platform User and/or clinical incident. 

    4. If you believe, acting reasonably, that disclosing Platform User Data would result in a breach of Data Protection Law, you shall:

      1. notify us of this fact as soon as reasonably practicable, in no event later than 7 days, giving details of the reason(s) why you believe disclosure would cause you to be in breach of Data Protection Law; and 

      2. use all reasonable endeavours, having regard to the purpose of any request for Platform User Data, to give us sufficient information to achieve that purpose, including (but not limited to) taking measures to obtain Platform User’s consent where required, redacting Platform User Data to the minimum extent possible to achieve compliance with the Data Protection Law to facilitate the request made by us and/or providing alternative or additional information suited to achieving the purpose. 

    5. For the purposes of this Paragraph, you must ensure that you have a lawful basis for disclosing any Member Data to us in accordance with Data Protection Law. 

    6. You agree to:

      1. implement and maintain appropriate technical and organisational measures (including, but not limited to, encryption and password protection), when transferring and/or Processing Platform User Data, to preserve the confidentiality, integrity, availability and resilience of the Platform User Data and prevent any unlawful processing or disclosure or damage, taking into account the state of the art, the costs of implementation, the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of the Platform Users; and

      2. confirm the identity of the call recipient and ensure that it is the Platform User with whom the appointment has been made before beginning a consultation or disclosing any personal or confidential information, including Platform User Data.

    7. You shall within 24 hours, notify MMG in writing should you become aware of, or reasonably suspect there has been, any actual, alleged, or potential security breach leading to accidental or unlawful loss, destruction, compromise, damage, alteration, theft or unauthorised disclosure of the Member Data (including unauthorised access to or use of your or third party systems or data, improper handling or disposal of data, theft of information or technology assets, and/or the inadvertent or intentional disclosure of such Personal Data) or any incident which may give rise to a personal data breach (as such term is defined under the Data Protection Law) (“Data Breach”). 

    8. In the event of a Data Breach you shall:

      1. immediately report the Data Breach to MMG; 

      2. promptly provide MMG with a description of: (i) the nature of the Data Breach, including the volume and type of Personal Data affected and the categories and approximate number of Data Subjects concerned; (ii) the likely consequences of the Data Breach; and (iii) the measures taken or proposed to be taken to address the Data Breach including, where appropriate, measures to mitigate its possible adverse effects; 

      3. provide MMG at no additional cost with assistance and information that may be reasonably required by MMG to address queries raised in relation to the Data Breach; and 

      4. take immediate remedial action to secure the Personal Data and to prevent re-occurrences of the same or similar incident and provide MMG with details of such remedial action. 

    9. You shall, at no additional cost, make available to MMG reasonable evidence of your compliance with the obligations set out in this section, and allow for and contribute to audits, including physical inspections of relevant records, processes and systems, conducted by any member of MMG, its representatives or regulators.

    10. You agree that where one party provides to the other party Personal Data it shall be transferred in accordance with Data Protection Law. For the avoidance of doubt, where this results in an international transfer of Personal Data such transfer shall be subject to the conditions set out in Data Protection Law for this purpose.

    11. MMG may collect Personal Data from you or Platform Users (including Special Category Data and criminal offences data) prior to, and in the course of, carrying out its Services, and/or through interactions with you or Platform Users in person and via any electronic medium including but not limited to, by phone, by email, through our websites, through our Platform, by post, by filling in an application or face-to-face. We collect Personal Data so that MMG can meet its obligations and can manage its relationship with you and our Platform Users. 

    12. MMG will process Personal Data in accordance with the Health Professionals Privacy Notice. 

    13. You shall comply with Data Protection Laws and respond to any Data Subject Requests and Communications received concerning the Processing of shared Personal Data promptly and within the timeframes required by Applicable Laws. 

    14. You agree to only process any shared Personal Data for the purpose of providing Healthcare Services to the Platform User and you agree not to transfer or disclose any shared Personal Data to any third party other than where necessary for the provision of Healthcare Services or compliance with your obligations under these Terms. 

  14. ANTI-BRIBERY AND CORRUPTION

    1. The parties shall each comply with all applicable Financial Crime Requirements and shall have in place adequate policies and procedures to procure compliance. 

    2. For the avoidance of doubt, nothing in the Agreement obliges either party to perform any action (including but not limited to paying any claim or providing any benefit or services) to the extent it would cause that party to breach any trade or economic sanctions, laws or regulations of any jurisdiction to which that party is subject (which may include without limitation those of the European Union, the United Kingdom and/or the United States of America). 

  15. DISPUTES

    1. If there is any disagreement between us, in the first instance, you agree to discuss the dispute with MMG or raise your concerns by contacting MMG through the Platform. If you are unable to resolve your dispute within 10 business days of it being referred to MMG, you may refer it to the CEO of MMG who may address the dispute directly or through another authorised colleague or appropriate committee established for this purpose. 

    2. You agree that, in the unlikely event of a dispute which cannot be resolved directly between you and MMG, you and MMG will engage in good faith in mediation in England, conducted remotely with the use of communication technologies, for which you and MMG will each be responsible for 50% of the cost. 

  16. FORCE MAJEURE

    1. Where a Force Majeure Event occurs, you will not charge and will repay, if applicable, the Platform User affected by the Force Majeure Event any fee, cost, expenses or other amount for:

      1. any cancellation or change to the reservation made by the Platform User; or 

      2. the part of the reservation that was not used due to the Force Majeure Event. 

  17. GENERAL

    1. This Agreement (which, for the avoidance of doubt includes both these Terms and Conditions and the Healthcare Provider Agreement) is governed by English law and represents the whole and only agreement between us relating to the subject matter of the Agreement and supersedes and extinguishes any prior agreement between us (including any previous terms under which you may have engaged with MMG) in relation to the subject matter hereof. 

    2. The provisions of these terms confer benefits on members of MMG’s Group other than MMG (each a “Third Party”) and are intended to be enforceable by each Third Party by virtue of the Contracts (Rights of Third Parties) Act 1999. Notwithstanding the preceding, this Agreement may be varied in any way and at any time without the consent of any Third Party. Save as provided for in this Paragraph, no person who is not a party to this Agreement shall be capable of enforcing any term or condition of this Agreement by virtue of the Contracts (Rights of Third Parties) Act 1999. 



DEFINED TERMS

“Affiliates”

means, with respect to any specified Person, a Person that directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with, the Person specified. As used in this definition, “control” means the power to direct the management or policies of a Person, directly or indirectly.

“Agreement”

means these (1) Terms and Conditions and its appendices (as amended and restated from time to time), and (2) the AHP Agreement and its Appendices (and any amendments or variations thereto). 

“AHP Information”

means information relating to a Healthcare Provider and the specific Healthcare Services offered for inclusion on the Platform, including details of the AHP’s business, Treatment Package, pictures, photos and descriptions, the Medical Centre’s amenities and services, cancellation and no-show policies, other policies and restrictions and any (further) information that the Company may be required to display on the Platform under applicable law. 

“Application”

means the questionnaire filled out by an AHP on the Platform and any subsequent amendments or adjustments thereafter.

“ATS Fee”

means the administration, transaction and service fee retained by MMG equal to 5% of the Treatment Price, prior to provision of the Relevant Healthcare Services. 

“Break Clause”

means the points in time, being 12 months from the Effective Date and 36 months from the Effective Date, at which you may terminate this Agreement with 30 days’ notice. 

“CC(ICAC)”

means the Consumer Contracts (Information Cancellation and Additional Charges) Regulations 2013.

“Commission”

means the portion equal to 10% of the Treatment Price retained by MMG.

“Consumer Law”

means the Consumer Protection Act 1987, the Consumer Rights Act 2015, the CC(ICAC), and any other laws aimed at the protection of the rights of Consumers.

“Consumer”

means an individual acting for purposes that are wholly or mainly outside that individual’s trade, business, craft or profession.

“Contract Duration” 

means the period during which the Agreement is in place, commencing on the Effective Date and continuing until termination.

“Cooling Off Period”

means the statutory right to cancel a contract for services within a 14-day period as provided for in the CC(ICAC).

“Deliverables”

means all documents and materials developed or provided by the AHP as part of the Relevant Healthcare Services.

“Diagnostic Data”

means the diagnostic data collected by the Diagnostic Test Provider in any Diagnostic Tests in the United Kingdom. 

“Diagnostic Test Provider”

means the medical professional based in the United Kingdom, chosen by the Platform User and approved by MMG for the purpose of carrying out the Diagnostic Tests.

“Diagnostic Test”

means any diagnostic tests required for the provision of the Relevant Healthcare Services.

“Effective Date”

means the date you sign the Healthcare Provider Agreement and the Agreement becomes effective.

“Financial Crime Requirements”

means the UK Bribery Act 2010, the UK Criminal Finances Act 2017 and any other applicable laws, statutes, regulations, treaties or codes relating to anti-bribery, anti-corruption, anti-money laundering, anti-tax evasion/facilitation of tax evasion, anti-terrorism financing, economic and trade sanctions, and anti-financial crimes applying in the countries in which either Parties operates or has a place of business. 

“Force Majeure Event”

means acts of God, volcanic eruption, (natural) disaster, fire, (acts of) war, hostilities or any local or national emergency, invasion, compliance with any order or request of any national, provincial, port or other public authority, government regulation or intervention, military action, civil war or terrorism, (biological, chemical or nuclear) explosion, rebellion, riots, insurrection, strikes, civil disorder (or the material or substantial threat or justified apprehension of any such events), curtailment of transportation facilities, close down of airports or any other exceptional and catastrophic event, circumstance or emergency, preventing or making it impossible or illegal or highly unsafe for Patients to travel to the Medical Centre to or receive treatment.

“Healthcare Provider Accreditation Policy”

means the set of conditions, applied by MMG at its sole discretion, for a Healthcare Provider to become an Accredited Healthcare Provider. These are contained in these Terms.

“Healthcare Provider” 

means any authorised professional provider of Healthcare Services within the EU.

“Healthcare Services”

means any services which are related to the provision of healthcare.

“Indicative Prices”

means the indicative price points provided by you in your Application, for the most relevant Healthcare Services.

“Initial Patient Information” 

means the information collected from the Platform User (or Patient) by the Company during the Platform User’s onboarding process, including the personal details, details of the Treatment sought, and any other Patient information necessary for the AHP to make a determinative decision whether to approve or decline the Patient for Relevant Services. 

“Intellectual Property”

means any (or, where relevant, any application for any) patent, copyright, invention, database right, design right, registered design, trademark, trade or business name, brand, logo, service mark, know-how, utility model, unregistered design or domain name (under any extension, e.g. .com, .nl. .fr, .eu, etc) or other similar right or obligation whether registered or unregistered or intellectual property right subsisting in any territory or jurisdiction in the world.

“Medical Centre”

means the facility in which the Treatment is provided, whether that be hospital, private clinic, or any other centre for treatment. 

“MMG Accredited Healthcare Providers”

means a Healthcare Provider which has (1) met the conditions of MMG’s Healthcare Provider Accreditation Policy as set out in these Terms, (2) agreed to these Terms and Conditions and (3) entered an AHP Agreement with MMG.

“MMG”

means My Medical Gateway International Limited.

“Nominated Bank Account”

means the bank account you have provided (in your AHP Agreement or as updated from time to time) for the purpose of receiving payments (including the Treatment Price) from MMG’s Payment Service Provider. 

“Onboarding Portal”

means that part of the Platform dedicated exclusively for the use of EU healthcare providers on which a Healthcare Provider provides the AHP Information for MMG’s consideration, prior to being admitted as an Accredited Healthcare Provider. 

“Paragraph”

means a paragraph of these Terms and Conditions (including any sub-paragraphs thereof).

“Patient”

means a Platform User which has agreed to a Treatment Package with an AHP. 

“Payment Service Provider”

means Adyen or such regulated third party engaged by MMG for the purpose of handling payments.

“Person”

means any individual or entity, including a corporation, partnership, association, limited liability company, limited liability partnership, unincorporated association, trust, government or governmental agency or authority.

“Personal Data”

has the meaning set out in the General Data Protection Regulation (EU 2016/679), the Data Protection Act 2018, and any additional supplementary or replacement applicable laws and regulations relating to the processing of personal data and privacy.

“Platform User Data”

means all personal data collected from the Platform User.

“Platform Users” 

means all individuals that utilise the Platform as customers with the intention of obtaining Healthcare Services.

“Platform”

means the website of My Medical Gateway, accessible through the following link:
https://provider.mymedicalgateway.com/home 

“PRA”

means the Prudential Regulation Authority and its successors.

“Practice”

means the Healthcare Provider as a corporate entity, including their primary place of business. 

“Privacy Policy”

means the Privacy Policy made available on the Company’s website and on the Platform as amended from time to time.

“Regulator”

means the FCA and/or the PRA and/or any other Person having regulatory or supervisory authority under any applicable law over any part of the business to be transacted under this Agreement.

“Regulatory Requirements”

means the requirements of the Act and the FCA Rules, and requirements under any other applicable statutory and other rules, regulations, instruments, codes of conduct or practice, or directions of a Regulator. 

“Relevant Country”

means the Country in which the Treatment is provided. 

“Relevant Healthcare Services” 

means those services, including any Healthcare Services and Deliverables, for which the Platform User engages with you through the Platform.

“Services”

means the services provided by MMG.

“Terms”

means the terms contained within these Terms and Conditions. 

“Territory” 

means the United Kingdom.

“Treatment Balance”

means the balance of the Treatment Price less the Initial Payment.

“Treatment Code”

means the relevant ICD disease and injury code (currently based on ICD-10) or such code as referenced on the Platform from time to time. 

“Treatment Contract”

means the direct contract for the provision of the Relevant Healthcare Services between the Patient and the AHP.

“Treatment Date” 

means the date (or first date) on which the Treatment takes place. 

“Treatment Package”

has means those services and requirements set out in Schedule 1.

“Treatment Price” 

means the full price of the Healthcare Services, Diagnostic Tests and Treatment Package, inclusive of MMG’s ATS Fee and Commission.

“Treatment”

means that part of the Relevant Healthcare Services where a surgical procedure takes place in the Relevant Country, at the Treatment Centre. 

 

 

 

Schedule 1 – Treatment Package

 

By entering into the Agreement, you agree to incorporate MMG’s Treatment Package designed exclusively for Medical Travellers into your Healthcare Services for Platform Users and will specifically include the following services into your Treatment Contract (accounting for all costs in the Treatment Price): 

  1. the onboarding of the Platform User, which must include checking the patient’s diagnostic data and registering them in your hospital booking system; 

  2. the provision of a local English-language speaking professional to each patient to be their first point of contact for questions or concerns relating to their Treatment Package; 

  3. transfer to and from the airport in Relevant Country, on arrival and departure; 

  4. pre-operative medical check-up and any additional tests or consultations necessary for final approval of the Platform User for Treatment; 

  5. full costs of the Treatment, including the surgeon, anaesthetist, attendant nurses, operating theatre fees, medication and drugs and any nights spent at the hospital; 

  6. appropriate medical checks prior to discharge of the Platform User; 

  7. post-operative care (e.g. physiotherapy), if this is integral to the Treatment and included in the Treatment Price, including transfers to/from the Place of Treatment;  and,

  8. post-operative remote checks by you on the 90th Day from the Treatment Date to ensure the Treatment has been successful (“Post-Op Checks”). 

 

The Treatment Package must not include: 

  1. the Platform User’s travel to and from the Relevant Country in which the Treatment is taking place; 

  2. unless specifically agreed otherwise, Diagnostic Tests carried out in the UK prior to the Treatment;

  3. accommodation and sustenance within the Relevant Country (outside of any hospital stay); and 

  4. the cost of scans and test for the 90-day Post-Op Checks.