Terms and conditions

GENERAL TERMS AND CONDITIONS FOR SERVICES PROVIDED BY BALSAM HEALTH SERVICES AS OF Jan 2023, AND THEREAFTER, UNTIL FURTHER AMENDED.

The (“Client”) identified on the system, inquiry, purchasing our membership, or benefitting our services, hereby agrees that the General Terms and Conditions (hereafter “Terms & Conditions”) shall apply to all the Services that are availed by BALSAM HEALTH SERVICES DWC-LLC (hereafter “BALSAM”) through “Medical  Institutions” (hereafter “Provider(s).”) In addition, the Client agrees that the Terms and Conditions shall apply to all future services until any Terms and Conditions are amended, in which case such amended Terms and Conditions shall apply to future services, as applicable. Any service requested by Client shall be referred to herein as “Service(s).” All terms used but not identified herein shall have the respective meanings outlined in the Services.

1. GENERAL

1.1 BALSAM is engaged in the business of providing healthcare logistic services. BALSAM is not a medical care provider and will arrange for the provision of “Services” with other registered  Provider(s)  to “Clients” on these Terms and Conditions.

1.2 By Purchasing a service from BALSAM, the Client adheres to these Terms and Conditions. The Client also agrees to these Terms and Conditions on behalf of any third party providing the Service. If there is a conflict between these Terms and Conditions and any other document, these Terms and Conditions will prevail.  No one is authorized to change these Terms and Conditions.

1.3 A “Service” shall mean all services sold by BALSAM or its Providers, including “Second Medical Opinion,” “Cancer Test,” “ Executive Check-Up, “Teleradiology,” “Medical Discounts,” and “Medical Travel.”

1.4 These Terms and Conditions are subject to applicable legislation that cannot be excluded, but only to the minimum extent provided by that legislation. Nothing in these terms reduces BALSAM’s rights or increases BALSAM’s liability under that legislation. 

  1.5 With the limits referred to above, BALSAM ensures that all Services are performed with all professional due diligence, skill, and care to standards of current practice that would reasonably be expected in the relevant industry for the same or similar services.

2- CONTROLLING DOCUMENTS

2.1 The acceptance of BALSAM to sell a Service to a Client starts by receiving the Service fees for Services as more described explicitly at www.mybalsam.com ( each of the Services mentioned as a “Second Medical Opinion, “Cancer Test,” “ Executive Check-Up,” “Teleradiology,” “Medical Discounts,” and “Medical Travel” as specified in the website is hereby referred to “ Service(s).”), are expressly conditioned to the Client’s agreement of these Terms and Conditions.

2.2 The General Terms and Conditions, together with the consent form that the Client signs at the Provider’s entity, and the Terms and Conditions of the Provider, constitute the entire agreement of the parties subject to the subject matter hereof and supersede all prior communications, representations, medical appointments, invoices, receipts and course of dealing.

3- SERVICE DELIVERY

3.1 The Service Delivery shall specify for each Service, as applicable, with all the following: (a) Client attendance at the Medical Provider, (b) delivery of Service at the Medical Provider. 

3.2 The Client shall have the right to cancel or postpone a service request before delivery at no charge. Service request cancellation only applies to the following Services: Executive Check-UP, Cancer Test, and Genetic Test. BALSAM shall maintain the refund of the complete payment if the requested Service is not delivered.

3.3 Other Services:  Second Medical Opinion, Teleradiology, Medical Travel Concierge Fees, and Medical Security Deposit are non-refundable.

4- SERVICE RELATED CONDITIONS

4.1   MEMBERSHIP CONDITIONS

4.1.1 BALSAM’s membership card is non-transferable, and usage is limited to the individual’s name on the card only. Family members shall have separate cards when a family package is purchased. Presenting a valid Emirates ID and the BALSAM card is mandatory at the Medical Provider’s desk.

4.1.2 BALSAM’s Membership is valid for one year starting from the purchase date.

4.1.3 BALSAM is not legally responsible for the quality of Service provided by Service Providers. The availability of offers, products, and services advertised on BALSAM’s Network website www.mybalsam.com  is the sole responsibility of the listed Medical Provider. Medical Providers shall report the changes in discounts and offers listed on BALSAM’s Network online by written notice or official email.

4.1.3 BALSAM has the right to delete, replace or amend the discounts and offers by Medical Providers, as per the agreement with the Medical Provider, without further notice to the Client.

4.1.4 Clients shall have the right to choose between using BALSAM’s Membership card or any other existing offer at the Medical Provider’s clinic.

4.1.5 Discounts on Services are limited to the purchased Membership package of BALSAM.

4.2 hPG80 CANCER TEST CONDITIONS

4.2.1 hPG80 blood test is done to measure the level of Progastrin that might be present in the blood of cancer patients. The accuracy of the test is 83%, and BALSAM is not legally responsible if this test shows high levels of Progastrin and the physicians cannot detect cancer in the Client’s body.

4.2.2 It is a Client’s choice to take the hPG80 Cancer Test; however, eligibility for this test is mandatory for the member to avail of the discounted rate of this Service.

4.2.3 hPG80 eligibility is limited to cancer patients, family history, age, and genetically related cases. However, patients referred by physicians to take this test are considered eligible.

4.2.4 The Provider of cancer screening services shall not be held liable for any damages or injuries resulting from the cancer screening, except in cases of gross negligence or intentional wrongdoing. The patient hereby releases the Provider and its agents and employees from any claims, damages, or injuries that may arise from the cancer screening

4.3 2^nd MEDICAL OPINION CONDITIONS

4.3.1 BALSAM’s 2nd Medical Opinion service is not covered by insurance. There is no procedure code (CPT code) for this Service, and it is not eligible for reimbursement.

4.3.2 2nd Medical Opinion is different from the diagnostic services typically provided by a physician. The remote physicians providing this Service will not benefit from the information obtained by examining you in person and observing your physical condition. Therefore, the Physician may not be aware of facts or information that would affect his or her opinion of your diagnosis. In some cases, the facts may be critical to the opinion. TO REDUCE THE RISK TO YOU OF THIS LIMITATION, BALSAM STRONGLY ENCOURAGES YOU TO DISCUSS A SECOND OPINION WITH YOUR PHYSICIAN. BY DECIDING TO ENGAGE IN THIS SERVICE, YOU ACKNOWLEDGE THAT YOU ARE AWARE OF THIS LIMITATION AND AGREE TO ASSUME THE RISK OF THIS LIMITATION SOLELY.

BY REQUESTING A MYCONSULT REMOTE CONSULTATION (INCLUDING REMOTE SECOND OPINION) THROUGH BALSAM HEALTH SERVICES, YOU ACKNOWLEDGE AND AGREE THAT:

* THE DIAGNOSIS THAT YOU WILL RECEIVE IS LIMITED AND PROVISIONAL;
* THE REMOTE CONSULTATION (SECOND OPINION) IS NOT INTENDED TO REPLACE A FULL MEDICAL EVALUATION OR A FACE-TO-FACE VISIT WITH A PHYSICIAN;
* THE PHYSICIAN DOES NOT HAVE IMPORTANT INFORMATION THAT IS USUALLY OBTAINED THROUGH A PHYSICAL EXAMINATION;
* THE ABSENCE OF A PHYSICAL EXAMINATION MAY AFFECT THE PHYSICIAN’S ABILITY TO DIAGNOSE MY CONDITION, DISEASE, OR INJURY;

BY ENGAGING OUR SERVICES, YOU ACKNOWLEDGE AND AGREE TO ASSUME THE RISK OF THESE LIMITATIONS SOLELY. YOU FURTHER UNDERSTAND NO WARRANTY OR GUARANTEE HAS BEEN MADE TO YOU CONCERNING ANY PARTICULAR RESULT OR CURE OF YOUR CONDITION.

4.3.3 Clients requesting a 2^nd Medical Opinion should submit all the relative documents and images during their visit to BALSAM’s partner clinic. After this visit, the submission of additional medical documents, tests, or images is subject to new fees.

4.3.4 It is mandatory for the medical case to be critical to be eligible for membership discounted rates given to BALSAM’s members in this Service. The Client shall benefit from the discount only when his case is labeled “Critical” as per BALSAM’s criteria. Otherwise, the Client can benefit from the price at full price. The Client has to submit her or his medical file to our Physician for approval.

4.4 TELERADIOLOGY CONDITIONS

4.5.1   The purpose of the Teleradiology Service is to provide our members with a space on a privet cloud to store radiology images and have instant access to them, with the possibility to share them with your doctor or medical institution around the world.

4.5.2 BALSAM and the Provider of Teleradiology services shall maintain the confidentiality of the Client’s medical information at all times.

4.5.4  The Teleradiology Service is not covered by insurance nor eligible for reimbursement.

4.5.5 BALSAM and software, the Provider of Teleradiology Services shall not be held liable for any hacking resulting from the software, except in cases of gross negligence or intentional wrongdoing.

4.5 EXECUTICHECK-UP-UP CONDITIONS

4.5.1  The purpose of the Executive Check-Up service is to check the general health conditions of the Client.

 4.5.2 Follow-up care is availed by BALSAM’s providers, including referrals to specialists for further testing.

4.5.2 Executive Medical Check-up Package of services by BALSAM is not covered by insurance.

4.5.3 BALSAM  and The Provider of the Medical Checkup Service shall not be held liable for any damages or injuries resulting from the medical check-up, except in cases of gross negligence or intentional wrongdoing. The Client hereby releases the Provider and its agents and employees from any claims, damages, or injuries that may arise from the medical check-up.

4.6 MEDICAL DISCOUNT CONDITIONS

4.6.1 Local Medical Discounts are limited to BALSAM Members and Clients who pay Concierge Service Fees. Discounts on Services are limited to the purchased Membership package.

4.6.2 BALSAM’s Providers are listed on BALSAM’s website www.mybalsam.com. Providers that are not listed are not included in the discount Service.

4.6.3 A third party empowers international Discount Network; MEDIGO’s concierge  Services and fees are paid as full upfront payment for non-members of BALSAM and a percent copayment according to the Client’s membership.

4.6.4 Client agrees that some Services are not eligible for Medical Discounts.

It is the Medical Provider’s sole authority to decide the percentage of the discount. 

4.6.5 There’s no limit for Members of BALSAM in using the discounts.

4.6.6 Providers are responsible for updating BALSAM regarding address changes, contact details, services, discounts, and offers. Balsam is not legally responsible for any wrong information provided by the Provider.

4.6.6 BALSAM is not responsible for the quality of the Service provided by a medical Provider in case the Client has not paid the concierge Service Fees. 

4.7 MEDICAL TRAVEL CONDITIONS

4.7.1 BALSAM Non-Members are not eligible for the discount of Concierge Service of Medical Travel, while members can benefit from the discount as per the purchased package. Upfront payment for concierge services is non-refundable.   Concierge Service includes choosing a suitable Medical Provider according to the Client’s Preference and availing the discount at their facility.

4.7.2 BALSAM’s Medical Travel Service is empowered by MEDIGO; The Service is limited to giving the Client access to the right Provider’s Services with special discounts. This Service does not include airfare, accommodation, or visa processing fees.

4.7.3 The Provider of medical travel services shall not be held liable for any damages or injuries resulting from the medical travel, except in cases of gross negligence or intentional wrongdoing. The Client hereby releases the Provider and its agents and employees from any and all claims, damages, or injuries that may arise from the medical travel.

4.8 GENETIC TEST CONDITIONS

4.8.1 All Dtect tests are offered “AS IS” in conformity with the current level of research and available research technologies being utilized by MGRC at the time of purchase. All Dtect tests are for screening purposes only. Dtect tests are designed to screen DNA for genetic markers associated with human disorders and diseases. A genetic marker is not a diagnosis of a genetic disease, and the tests provided by MGRC are not to be taken as substitutes for other clinical laboratory tests that may have been designed and certified for the purposes of medical diagnosis.

4.8.2 Genetic screening can indicate whether an individual has a predisposition for a disease or disorder. However, it cannot indicate whether the individual will show symptoms of the disease or condition, how the symptoms will be, or whether the disease or disorder will progress over time. Therefore, the report a customer receives after purchasing the Dtect test merely ascertains whether they carry a mutation or variant predisposing him/her to a specific condition or disease associated with the test that has been carried out on his/her sample.
The information that an individual obtains in the form of results is not designed to diagnose, prevent or treat any disease, medical problem, or condition. Only a trained physician or qualified care provider should interpret the results of the genetic test to the customer, advise the customer on any questions or concerns he/she may have, or assess the customer’s current state of health or disease with reference to the said results.
If a customer receives a positive screening result indicating that he/she may be predisposed to or have the specific disease or condition tested for, further testing may be needed to confirm the results.
There is a possibility that the results may be uninterpretable or of unknown significance, that the screening may not generate results, and that an additional sample may be needed to obtain accurate results.
There are limitations associated with the screening results in that they are based upon probabilities and accordingly do not provide a definitive conclusion to either genetic disease predisposition or disease manifestations.
Once obtained, a customer’s knowledge of his/her genetic information is irrevocable; the information received may not be positive and/or may have unforeseen negative social, legal, economic or emotional consequences for the customer in connection with which MGRC and Balsam cannot be held liable.
The amount of information a customer obtains from the genetic test that has been purchased may not be complete or comprehensive, and future industry advances may necessitate additional testing and/or consultation.
The purchase of the genetic test does not at any time establish a doctor-patient relationship between the customer and MGRC or Balsam.

5. LIMITATION OF LIABILITY

SOME OF THE MATERIAL ON BALSAM’s NETWORK SITE IS PROVIDED BY THIRD PARTIES, AND BALSAM SHALL NOT BE HELD RESPONSIBLE FOR ANY SUCH THIRD-PARTY MATERIAL. BALSAM DISCLAIMS ANY RESPONSIBILITY FOR OR LIABILITY RELATED TO SUCH THIRD-PARTY MATERIAL. ANY QUESTIONS, COMPLAINTS, OR CLAIMS RELATED TO ANY PRODUCT SHOULD BE DIRECTED TO THE APPROPRIATE THIRD PARTY.

6. PAYMENT TERMS AND CONDITIONS

6.1 BALSAM accepts payments online using Visa and MasterCard credit/debit cards in AED and USD; All credit/debit card details and personally identifiable information will NOT be stored, sold, shared, rented, or leased to any third parties.

6.2 All BALSAM’s payments are non-refundable. Clients are eligible for a refund only if that transaction error has occurred through the absolute fault of BALSAM; a refund will, in most cases, be issued to the same credit card used during the purchase. Cancellation of payment is not applicable.

6.3 BALSAM will NOT deal with or provide any services or products to any OFAC (Office of Foreign Assets Control) sanctioned countries in accordance with the law of the UAE.

7. DISPUTE

Using BALSAM’s Services, you agree that the laws of the federal state of Dubai, without regard to principles of conflict of laws, will govern these Terms and Conditions of Use and any dispute that might arise between you and BALSAM, its doctors, nurses, staff or other affiliates. You expressly agree that exclusive jurisdiction for any dispute with BALSAM or its affiliates, employees, subsidiaries, contractors, officers, and directors, resides in the courts of the UAE, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of DUBAI in connection with any claim involving BALSAM HEALTH SERVICES  Foundation, its affiliates, employee, subsidiaries, contractors, officers, and directors. Use of the CCF’s Website is unauthorized in any jurisdiction that does not give effect to the terms and conditions set forth herein.

THE WEBSITE POLICIES AND TERMS & CONDITIONS MAY BE CHANGED OR UPDATED OCCASIONALLY TO MEET THE REQUIREMENTS AND STANDARDS. MODIFICATIONS WILL BE EFFECTIVE ON THE DAY THEY ARE POSTED. THEREFORE, THE CUSTOMERS’ ARE ENCOURAGED TO FREQUENTLY VISIT THESE SECTIONS IN ORDER TO BE UPDATED ABOUT THE CHANGES ON THE WEBSITE.