Terms & Conditions
Terms & Conditions – General
These Service Terms and Conditions – General (the “Terms of Service”) constitute a binding agreement between Medical Service General Ltd., an Israeli company (“MSG”) and the party registering for one or more of the Services offered by MSG from time to time (the “Services”) (each a “Customer”). By registering for, and/or receiving, any of the Services you agree to be bound by these Terms of Service, as amended from time to time as set forth herein. If you are purchasing Services on behalf of another person who will actually receive the Services, you represent that you will be obligated for all of the financial and other obligations of such other person and such Customer will be required to execute and deliver to MSG all medical consent forms required by MSG from time to time.
In the event of any discrepancy between these Terms of Service – General and the Terms of Service for a specific MSG Service, then the terms of Service for the specific MSG Service shall govern.
1.DEFINITIONS
“Customer” means an individual who is covered by, or to receive, Services. In the event a third party purchased the Services for a Customer, such third party shall also be deemed a Customer solely for purposes of payment for the Services.
“Medical Coverage Policy” means the agreement between a Customer and either (i) a medical insurance provider in Israel which provides for the payment for, reimbursement of, or provision of, various medical treatments in Israel or (ii) a Health Care Provider (such as a Kupat Cholim) which provides for the provision of certain medical services.
“Health Care Provider” means a medical institution or health care professional providing medical care and treatment in Israel.
“Services” means any of the MSG services provided from time to time to Customers.
“MSG Services Package” means the different packages of Service which are offered by MSG from time to time, and as may be amended from time to time. Each MSG Services Package sets forth the Services MSG will provide to the Customer during the Service Term. You may view the current MSG Services Packages at www.msgil.com/student-service-plans. Once you have purchased an MSG Services Packages it will be listed in your Customer Account.
“Service Term”” means the period for which a Customer is entitled to receive Services from MSG.
2.MSG SERVICES
MSG provides Services in three primary fields: (i) Ambulatory Air Transport Services, (ii) Home Nursing and Well Care Services, and (iii) Medical Chaperone Services consisting of administrative and personal assistance services for students and others in Israel in connection with their interaction with Health Care Providers and receipt of medical treatment in Israel. Each of these Services, including scope of Services, excluded services, related terms of Service and pricing are addressed separately on our website.
For a discussion of the Ambulatory Air Transport Services see “Service Terms and Conditions – Ambulatory Air Transport Services” at www.______________________.
For a discussion of the Home Nursing and Well Care Services see “Service Terms and Conditions – Home Nursing and Well Care Services” at www.______________________.
For a discussion of the Medical Chaperone Administrative And Personal Assistance Services For Students And Others In Israel see “Service Terms and Conditions – Medical Chaperone Administrative And Personal Assistance Services For Students And Others In Israel” at www.msgil.com/termsofservicechaperon.
Customer acknowledges and understands that MSG is not engaged in the issuance or sale of Medical Coverage Policies or providing any medical consultations or advice.
The Customer’s Health Care Providers in Israel may prescribe medicines or other treatments, procedures, services or products to the Customer in connection with the Customer’s treatment; however MSG shall not be deemed to be making any claims, expressed or implied, as to the necessity and/or efficacy of any medical treatment.
3.TERM OF SERVICE
These Terms of Service constitute a binding agreement only after the Customer has received a “Customer Acceptance Notice” in writing from MSG.
MSG reserves the right to refuse acceptance of any potential Customer according to its sole discretion.
4.BILLING AND PAYMENT
The costs of the Services you have selected are set forth on the relevant Services section of our website. We may update our fees at any time upon 60 days prior written notice. Any MSG Service Package which provides for a set fee for a specific Service coverage period may not be changed during such Service Term. Nevertheless, in the event any underlying health care service provider or insurance provider increases prices or imposes any additional charges or fees during a Service Term, then MSG has the right to charge Customer for such charges and fees.
In general, all Services must be paid for in full in advance. Certain Services may be provided on an as utilized basis such as per hour of home care, home administration of certain medical procedures etc., medical escort services out of the coverage zone or in excess of the Service coverage limits etc. All such Services will be billed either upon completion of such service or on a bi weekly or monthly basis as MSG may determine from time to time.
In the case of our Medical Chaperone Services the fee for the entire coverage period must be pre-paid in advance and is not refundable for any reason, including but not limited to situations where the Customer leaves Israel either temporarily or permanently. If for any reason your Medical Coverage Policy should lapse, including due to lack of payment, we will be unable to provide our Medical Chaperone Services and you will not be entitled to any refund of your Service Fee.
Due to the specific nature of the Ambulatory Transport Services, the fees for such Services will be agreed to in advance on a case by case basis and shall generally be paid for in full in advance unless otherwise agreed to.
Home Nursing and Well Care Services are billed either on a bi-monthly, monthly or per service/hour basis, as agreed to on a case by case basis.
Any out of pocket expenses will be billed periodically at cost plus a service and handling fee of 15%.
Israeli VAT will be added to fees and charges as required by applicable law.
Any payments made with a credit card shall incur a 3% credit and processing fee. We reserve the right to provide volume discounts in certain circumstances.
We may require a security deposit in connection with certain additional or special Services.
The Company will issue you an itemized confirmation of all Services ordered within 3 business days of the date of your order being accepted by the Company. Order confirmations will be sent by Email. We will send an itemized billing statement periodically as relevant. The MSG records are final and dispositive as to all amounts owed subject to manifest clerical errors which will be corrected promptly if brought to our attention.
The Company will issue a receipt for each payment received within 30 days from the date of the reception. Receipts will be sent by Email unless required otherwise by applicable tax authorities.
A Health Care Provider may charge Customer receiving medical treatment additional fees and expenses for various medical services and tests which it may provide from time to time. In general, any medicines required will need to be purchased at applicable prices from a Health Care Provider or licensed pharmacy. Customers are responsible for all such costs directly to the relevant party. Emergency ambulance services and certain medical procedures may be subject to additional charges by relevant providers. Customer is solely responsible for payment of such costs, and such Health Care Providers will have their own billing and collection practices.
Customer shall be responsible for, and agrees to pay, all fees, costs and expenses associated with the Services purchased by Customer (the “Service Package”). All fees are non-refundable.
In the event the Customer shall request that MSG provide certain Services which are not included in the MSG Services purchased by the Customer, then the Customer shall be charged for such Services according to the MSG Services Price List then in effect which can be received by sending an email to Info@msgil.com. Following the provision of such additional Services, MSG shall send an invoice detailing the additional Services provided. The Customer agrees to promptly pay the amount listed in such invoice within 14 business days.
Failure to make any required payments to MSG on a timely basis, including refusal of credit card charges, shall grant MSG the right to terminate your receipt of Services, effective immediately.
5.MEDICAL DECISIONS; MINORS
MSG and its staff are not licensed doctors or Health Care Providers and neither MSG nor any of its staff are authorized to provide any medical diagnosis, prescribe any treatment or medication, or provide any medical consulting or advisory services whatsoever and do not advise as to the desirability or necessity of receiving any specific medical treatment.
The scope of Medical Chaperone Services provided by MSG is solely administrative in nature. Any and all decisions to receive medical treatment are to be made independently by the Customer and the Customer takes full responsibility for those decisions.
Ambulator Air Transport Services and Home Nursing And Well Care Services are provided by Israeli licensed nurses to the extent required and they will only carryout services within their level of authorized licensed activity under applicable licensing authorities.
Customer is responsible to provide the Health Care Provider and, to the extent relevant, MSG with (i) all relevant, accurate and complete medical and other information, (ii) a full and accurate description of any and all preexisting medical conditions, including but not limited to any and all allergies and medications symptoms, ailments and medical condition for which health care services are sought.
Customer understands that, as with any medical service, to the extent that any information provided is not accurate or complete, the Services to be provided may be incorrect, ineffective or dangerous. Furthermore, the ability of MSG to provide Services effectively and correctly will be adversely affected to the extent MSG is not provided with the accurate and complete medical history of Customer.
If Services are to be provided for a Minor under the age of 18, any decisions, medical or otherwise, in connection with the Services, shall be made by the Customer’s parent or legal guardian. Special authorization forms will be supplied separately in relevant cases. You are required to notify us in writing if the Customer is a minor. The parent or legal guardian shall be responsible for payment of any and all costs, fees and expenses of any Services provided by MSG, as well as additional costs for medical treatment received from Health Care Providers.
6.INSURANCE DISCLAIMER
The Customer understands that MSG is not a medical insurance provider or insurance agent and makes no representations and/or warranties with regards to which services are provided under any medical insurance policy purchased by or for a Customer, nor with regards to the quality and/or success of any medical treatment provided under such policy.
MSG does not guarantee that it will be successful in obtaining medical insurance for each Customer and in the event MSG is unable to obtain such a policy for a Customer then in such case MSG will refund any payment received from such Customer in respect of such insurance and may cancel the relevant service package.
7.MEDICAL TREATMENT DISCLAIMER
All Health Care Providers are and remain independent contractors and are not agents, servants or employees of MSG and MSG is not responsible for the scope, terms or quality of the services they provide.
The Customer understands that MSG, except as specifically set forth with respect to a specific Service provided by MSG, is not a Health Care Provider and MSG makes no representations and/or warranties with regards to the services provided by any such Health Care Provider, including but not limited to the necessity, quality, and success of the medical treatment administered to the Customer by a Health Care Provider.
MSG’s ability to obtain or arrange medical treatment for a Customer by a Health Care Provider is dependent on many factors, many of which are outside of the control of MSG. Therefore, MSG makes no representations and/or warranties with regards to its ability to obtain medical treatment from a Health Care Provider for the Customer within any specific timeframe. Customer understands that the time required to arrange a visit with a Health Care Provider and/or for the performance of any specific required test, exam or procedure may vary greatly and there can be no assurance that any such visit, test, exam or procedure can be obtained within a reasonable or expected time period.
8.LIMITED LIABILITY
The Customer assumes any and all risks, takes full responsibility for, and waives any and all claims against MSG for personal injury or damages to Customer as the result of receiving medical treatment from a Health Care Provider.
The Customer agrees, to the extent permitted by applicable law, to defend, indemnify and hold MSG harmless from and against any and all claims of any nature which in any manner result from medical treatment provided by any Health Care Provider procured or arranged for the Customer by MSG, including but not limited to all costs, expenses and attorneys’ fees.
9.CUSTOMER RESPONSIBILITIES
Customer is responsible for making any and all decisions to receive medical treatment, as well as the identity of the Health Care Provider to provide such medical treatment to Customer.
Customer understands that it is the Customer’s responsibility to provide MSG with accurate and complete information, including but not limited to medical records, history and descriptions of the Customer’s medical condition and physical well-being.
Customer understands that, as with any service, to the extent that information provided is not accurate and complete, the Services provided by MSG may be materially affected and Customer assumes any risk, and takes full responsibility for, and waives any claims against MSG, for personal injury and/or damages as a result thereof and agrees, to the extent permitted by applicable law, to defend, indemnify and hold MSG harmless from and against any and all claims of any nature including all costs, expenses and attorneys’ fees, which in any manner result from inaccurate or incomplete information provided by the Customer or its authorized representative.
10.TERM AND TERMINATION
Certain Services may be purchased for a specific activity or project and cease at termination of such activity or project. Certain Services may be purchased on a recurring basis such as monthly. Recurring Services may be terminated by Customer on 48 hours advance notice to MSG. MSG may cancel specific Service visits or service dates due to staffing limitations.
Services which are purchased for a specific period of time may be terminated by the Customer upon 30 days prior written notice. However, the fees for such Services are non-refundable.
The Services provided to Customer shall terminate automatically at 11PM on the last date for which Customer purchased Services.
11.CONFIDENTIALITY
The personal and medical information you provide to us will be kept strictly confidential in accordance with the guidelines set forth in the MSG Privacy Policies, which can be found at www.Msgil.com.
Any information provided to one or more Health Care Provider is the responsibility of such Health Care Provider in accordance with their applicable rules and regulations and applicable law. MSG takes no responsibility for any such information.
12.MISCELLANEOUS
Privacy Policy. Customer acknowledges that it has access to MSG’s Website Privacy Policy and Healthcare Information Privacy Policy which provide information about how MSG may use and disclose a Customer’s personal and health related information and records. We reserve the right to amend our Privacy Policies from time to time upon 30 days prior notice. If you have any questions about our Privacy Policies, please contact us directly.
Amendment. We reserve the right to amend our Terms of Service – General from time to time upon 30 days prior notice.
Assignment. Services to be provided to Customer are personal in nature and may not be transferred or assigned whatsoever. No Customer may assign any of the Services, nor any right, title or interest therein. Any attempt to assign the Services is null and void.
No Third-Party Beneficiary. No provision of these Terms of Service shall be construed to confer any rights whatsoever to any third-party beneficiary.
Notices. Any notices, reports, invoices, or other forms of communication with Customer may be made through electronic mail and shall be considered received 24 hours after being sent by MSG.
Force Majeure. MSG shall not be deemed in default of its obligations or these Terms of Service to the extent that performance of its obligations are delayed, restricted or prevented by reason of any act of God, fire, natural disaster, earthquake or other natural occurrences, severe weather and storm, act of government, strike or labor dispute, civil or military emergency, inability to provide supplies, or any other act or condition beyond the reasonable control of MSG. MSG will use its reasonable efforts to give the Customer notice thereof.
Severability. If any part, term or provision of these Terms of Service is held by a court of competent jurisdiction to be illegal or unenforceable, the remaining portions or provisions of these Terms of Service shall not be affected, and the rights and obligations of the Parties shall be construed and enforced as if these Terms of Service did not contain the particular part, term or provision held to be invalid, unless to do so would contravene the present valid and legal intent of the Parties.
Survival. All provisions of these Terms of Service that by their nature or express terms survive the expiration or termination of the Services, shall survive such expiration or termination of such Services.
Governing Law; Venue. These Terms of Service and all matters arising thereunder shall be governed by the laws of the State of Israel and shall be enforced and construed in accordance therewith. Any and all matters arising hereunder shall be subject to the exclusive jurisdiction of the Karelitz Beis Din Tzedek (rabbinical court) of Bnei Brak.
Entire Agreement. These Terms of Service, together with any special terms of Service applicable to any specific Services and any and all specific waivers and consents executed by Customer from time to time and any specific policies relating to a specific Service or portion thereof, constitutes the entire understanding and agreement between the Parties with regard to all matters herein and there are no other Terms of Service or representations, oral or written, express or implied, with regard hereto except as MSG may specifically issue from time to time and which shall be deemed binding on the parties. These Terms supersedes, in the entirety, any and all previous agreements, conditions, and covenants, whether oral or written, between the Parties concerning the subject matter hereof.
YOUR PURCHASE OF ANY OF THE SERVICES INDICATES THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO THEM IN THEIR ENTIRETY AND ALSO SERVES AS AN ACKNOWLEDGEMENT THAT YOU HAVE RECEIVED, READ, UNDERSTOOD, AND CONSENT TO THE MSG PRIVACY POLICIES AND ALL SPECIIFC POLICIES RELATEING TO THE RELEVANT SERVICES PURCHASED BY YOU.