As a consumer, you can access the European Commission’s online dispute resolution platform here: https://ec.europa.eu/consumers/odr. It should be noted that DrOnline has not committed to and is not obliged to use an alternative dispute resolution entity to resolve disputes with consumers.
Last update: 30 November 2020
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These Terms of Service for European Users (“Terms“) are a legally binding agreement between you and DrOnline governing your use of DrOnline’s sites, applications and other offerings (collectively, the “DrOnline Platform“”). When used in these Terms, “DrOnline“,” “us“,” “at” or “our“refers to the DrOnline entity you’re hiring with.
The DrOnline Platform offers an online space that allows users (“Members“) publish, offer, search and consult telemedicine services using video consultation. The members who publish and offer services are “.Providers“and Members who research, consult or use services are “Patients.” Providers offer their telemedicine services according to their duly certified professional skills. Each Provider has to register an account to access and use many of the features of the DrOnline Platform and has to keep the correct account information. As a provider of DrOnline Platform, DrOnline does not own, control, offer or provide any Service or Provider Services.
Each Provider is responsible for understanding and complying with all laws, rules, regulations and contracts with third parties that apply to its Provider Services.
1. Our Mission.
Our mission is to provide the easiest and most convenient contact between patients and health professionals. It is a platform through which a user (Patient) can search for a registered provider (Doctor) to request a consultation (in this case Medical) for a concrete and precise purpose.
Our goal is reached at the moment the Patient makes a telemedicine appointment with the Provider (doctor), and we do not have any intervention in the appointment or in the post-consultation medical follow-up.
2. Search and Consult at DrOnline.
2.1 Search. You can search for Provider Services using criteria such as type of Provider Service and clinical specialty. You can also use filters to refine your search results. Search results are based on relevance to your search and other criteria. Relevance considers factors such as price, availability, comments, cancellation history, popularity, previous queries and Providers saved, among others.
2.2 Schedule. By scheduling an appointment with a Provider, you agree to pay all the costs of your appointment, including the consultation price, applicable fees, taxes and any other items identified during the payment process (collectively “.Total Price“”). When you receive the confirmation of the consultation, a contract for Provider Services (sometimes called a consultation in these Terms) is formed directly between you and the Provider. The cancellation policy and any other rules, standards, policies or requirements identified in the Service to be performed by the Provider or during the payment process are part of your contract with the Provider.
3. Cancellations and Refunds.
If you cancel a scheduled appointment you will be refunded the full amount, provided that the cancellation is made up to 24 hours before the appointment date. If the consultation is cancelled less than 24 hours before the date of the consultation, no refund will be made. If the Provider cancels you may be entitled to support to make a new consultation or a full refund.
4. Your Responsibilities.
The User is responsible for his own acts and omissions, which may mislead the clinical evaluation during the medical consultation. He/she is also responsible for false statements that may result in a wrong clinical assessment, including concealment or false indication of symptoms, use of data or false personal identification, among others.
5. To provide clinical services at DrOnline.
5.1 Provider. As a Provider, DrOnline offers you the opportunity to conduct telemedicine medical video consultations with our Patient community and earn money by doing so. It is mandatory that you are qualified and certified to practice medicine or other health service, according to your specialty. To register you must submit your application which will be reviewed by DrOnline to ensure that it meets all the regulations of the country in which you provide clinical services. All Providers registered with DrOnline should be able to provide services directly to final Patients, according to the legislation of each country (for example in Portugal the Provider must be accredited by the Order of Physicians and be registered with the Health Regulatory Agency as Provider. The price of the service provided is tabulated by DrOnline.
5.2 Patient contracts. When you receive a confirmation of consultation through the DrOnline Platform, you are signing a contract directly with the Patient and is responsible for providing the Provider Service under the terms and at the price specified in DrOnline. You also agree to pay the applicable fees, such as the DrOnline service fee of 25% under the consultation price (and applicable taxes) for each consultation. DrOnline will deduct the amounts you owe from your payment unless we agree to a different method.
5.3 Independence of Providers. Your relationship with DrOnline is that of an individual or independent entity and not that of an employee, agent, joint venture or partner of DrOnline, with the exception that DrOnline acts as a payment collection agent. DrOnline does not direct or control its Provider Service and understands that you may at your sole discretion decide whether and when to provide Provider Services.
6. Responsibilities of the Provider
6.1 Know Your Legal Obligations. You are responsible for understanding and complying with any laws, rules, regulations and contracts with third parties that apply to your Provider Services.
6.2 Your Responsibilities. The User is responsible for his own acts and omissions. Do not encourage Patients to create third-party accounts, send comments, provide their contact information or take other actions outside the DrOnline Platform.
6.5 Provider as Organisation. If you work as a Provider as part of a team, company or other organization, the entity and each individual participating in the provision of Provider Services is responsible as a Provider under these Terms. If you accept terms or enter into contracts, you represent and warrant that you are authorized to enter into contracts and bind your team, company or other organization and that each entity you use is in good standing under the laws of the place where you are established. If you perform other duties, you represent and warrant that you are authorized to perform those duties. If you instruct DrOnline to transfer your payment to another entity you must be authorized to do so and you are responsible for the amounts of payment and the accuracy of any payment information you provide.
7. Cancellations, and Query Modifications.
7.1 Cancellations. In general, if a Patient cancels a consultation, the amount paid to you is determined by the cancellation policy that applies to that consultation. As a Provider, you should not cancel a Patient’s appointment without a valid reason. If you cancel a Patient’s appointment without a valid reason, we may impose a cancellation fee and other consequences. If a Patient receives a refund after you have already been paid, or if the refund amount and other costs incurred by DrOnline exceed your payment, DrOnline may recover that amount from you, including by offsetting the refund with your future payments.
7.2 Consultation Modifications. Providers and Patients are responsible for any Modifications of Consultation that they agree to make through the DrOnline Platform or that indicate to DrOnline customer service to make on their behalf and agree to pay any amounts, fees or additional taxes associated with a Modification of Consultation.
8.1 Supplier Taxes. As a Provider, you are responsible for knowing and fulfilling your obligations under applicable laws to declare, collect, remit or include in your price any applicable VAT or other indirect taxes, occupancy taxes, tourism taxes, income taxes or other taxes (“).Taxes““).
8.2 Charging and Shipping by DrOnline. You instruct and authorize DrOnline to collect taxes on your behalf and/or to remit such taxes to the relevant tax authority. Any taxes collected and/or remitted by DrOnline are identified to Members in their transaction records, as applicable. DrOnline may request additional amounts from Members (including deducting such amounts from future payments) in the event that the taxes collected and/or remitted are insufficient to fully meet the tax obligations of Members, and you agree that your only recourse for taxes collected by DrOnline is a refund from the applicable tax authority. You acknowledge and agree that we retain the right, with prior notice to affected Members, to cease collecting and remitting Taxes for any reason.
8.3 Tax Information. Tax regulations may require us to collect and/or report tax information about you, withhold tax from your payments, or both. If you do not provide us with the documentation we determine is sufficient to support this tax retention obligation for your payments, we may withhold payments up to the amount required by law until sufficient documentation is provided. You agree that DrOnline may issue, on your behalf, invoices or similar documentation for VAT, Goods and Services Tax, Consumer Tax or other for your Provider Services to facilitate proper tax reporting by our Patients and their organizations.
After each Provider Service, Patients and Providers will have the opportunity to leave comments to each other. Your comment must be accurate and may not contain discriminatory, offensive or defamatory language. Comments are not checked by DrOnline for accuracy and may be incorrect or misleading.
DrOnline may charge fees (and applicable taxes) to Providers and Patients for the use of the DrOnline Platform. Unless otherwise stated on the DrOnline Platform, service fees are non-refundable. DrOnline consults the right to change the service fees at any time and will provide Members with notice of any changes to the fees before they become effective. Changes to fees will not affect consultations made prior to the date of entry into force of the fee change. If you do not agree to a fee change, you may terminate this Agreement at any time.
12. DrOnline Platform Rules.
12.1 Rules. You must follow these rules and must not help or induce others to break or circumvent them.
- Act with integrity and treat others with respect
- Not lie, misrepresent something or someone, or pretend to be someone else.
- Be polite and respectful when communicating or interacting with other people.
- Follow our Non-Discrimination Policy and not discriminate or harass others.
- No scraping, hacking, reverse engineering, compromising or damaging the DrOnline Platform
- Do not use bots, crawlers, scrapers or other automated means to access or collect data or other content or interact with the DrOnline Platform.
- Do not hack, avoid, remove, damage or attempt to circumvent any security or technological measures used to protect the DrOnline Platform or Content.
- Do not decipher, decompile, disassemble or reverse engineer any software or hardware used to provide the DrOnline Platform.
- Do not take any measures that may damage or adversely affect the performance or proper operation of the DrOnline Platform.
- Use only the DrOnline Platform as authorized by these Terms or other agreement with us
- You may only use another Member’s personal information as necessary to facilitate a transaction using the DrOnline Platform as authorized by these Terms.
- Do not use the DrOnline Platform, our messaging tools or Members’ personal information to send commercial messages without their express consent.
- You may use Content made available through the DrOnline Platform only as necessary to allow your use of the DrOnline Platform as a Patient or Provider.
- Do not use Content unless you have permission from the owner of the Content or unless your use is authorized by us in these Terms or other agreement with us.
- Not request, make or accept an appointment or any payment outside the DrOnline Platform to avoid paying fees, taxes or for any other reason
- Not require or encourage Patients to open an account, leave a comment, or otherwise interact with a third-party site, application or service before, during or after a consultation unless authorized by DrOnline.
- Do not engage in any practices that are designed to manipulate our search algorithm.
- Do not consult Provider Services unless you are actually using Provider Services.
- Do not use, copy, display, mirror or frame the DrOnline Platform, any Content, any DrOnline brand or any page layout or design without our consent.
- Fulfilling your legal obligations
- Understand and follow the laws that apply to you, including the laws of privacy, data protection and export.
- Read and follow our Terms and Policies.
- Do not use the name, logo, brand image or trademarks of DrOnline or others without permission.
- Do not use or register any domain name, social networking identifier, trade name, trademark, brand image, logo or other font identifier that could be confused with the DrOnline brand.
- Do not offer Provider Services that violate laws or agreements that apply to you.
- Do not offer or solicit prostitution or participate in or facilitate trafficking in human beings.
12.2 Reporting Violations. If you believe that a Member, Service or Content has violated our rules set forth in these Terms, you should report your concerns to DrOnline.
12.3 Copyright Notifications. If you have reason to believe that Content on the DrOnline Platform infringes copyright, you should inform us.
13. Termination, Suspension and Other Measures.
13.1 Deadline. The agreement between you and DrOnline reflected by these Terms remains in effect until you or we terminate the agreement according to these Terms.
13.2 Termination. You can terminate this agreement at any time by sending us an email or deleting your account. DrOnline may terminate this agreement for any reason upon 30 days’ notice by email or any other contact information you have provided for your account. DrOnline may also terminate this Agreement immediately and without notice and stop providing access to the DrOnline Platform if (i) you substantially violate these Terms or our Policies, (ii) you violate applicable laws, or (iii) such action is necessary to protect the personal safety or property of DrOnline, its Members or others (for example, in the case of fraudulent behavior by a Member), or (iv) your account has been inactive for more than two years.
13.3 Member Violations. If you (i) violate these Terms, our Policies, (ii) violate applicable laws, regulations or the rights of third parties, (iii) repeatedly receive bad comments or DrOnline becomes aware of or receives complaints about your performance or conduct, (vi) repeatedly cancel confirmed appointments or fail to respond to requests for appointments without a valid reason, or (vii) such action is necessary to protect the personal safety or property of DrOnline, its Members or third parties, DrOnline may:
- suspend or limit your access or use of the DrOnline Platform and/or your account;
- suspend or remove Services, Comments or other Content;
- cancel pending or confirmed inquiries; or
- suspend or revoke any special status associated with your account.
In the event of nonmaterial violations or where appropriate, you will receive notice of any action intended by DrOnline and an opportunity to resolve the matter, unless such notice (i) prevents or prevents the detection or prevention of fraud or other illegal activities, (ii) harms the legitimate interests of other Members or third parties, or (iii) violates applicable laws.
13.4 Legal Mandates. DrOnline may take any action that it determines is reasonably necessary to comply with applicable law, or the order or request of a court, authority or other administrative agency or governmental body.
13.5 Effect of Termination. If you are a Provider and close your DrOnline account, any confirmed consultations will be automatically cancelled and your Patients will receive a full refund. If you close your account as a Patient, any confirmed appointments will be automatically cancelled, without refund. Upon termination of this agreement, you do not have the right to recover your account or any portion of your Content. If your access or use of the DrOnline Platform has been limited, your DrOnline account has been suspended or this agreement has been terminated by us, you may not register a new account or access or use the DrOnline Platform through the account of another Member.
13.6 Appeal. If DrOnline adopts any of the measures described in this Section 13, the user may appeal against such decision by contacting our customer service.
14. Amendment to the Present Terms.
DrOnline may change these Terms at any time. When we make changes to these Terms, we will publish the revised version of these Terms on the DrOnline Platform and we will update the “Last Update” date at the beginning of these Terms. We will also notify you of proposed changes by e-mail at least thirty (30) days prior to the effective date. If you do not agree to the revised Terms, you may terminate this agreement immediately, as provided in these Terms. We will inform you of your right to terminate the Agreement in the email notification. If you do not terminate your agreement before the date of entry into force of the revised Terms, your continued access to or use of the DrOnline Platform will constitute acceptance of the revised Terms.
15. The Role of DrOnline.
We offer a platform that allows Members to publish, offer, search and consult Provider Services. By making or accepting a telemedicine consultation, Members are entering into a contract directly with each other. DrOnline is not and does not become a party or other participant in any contractual relationship between Members. DrOnline is not acting as an agent for any Member, except when DrOnline acts as a billing agent. Although we work hard to ensure that our Members have excellent experiences with DrOnline, we do not control and cannot control the conduct or performance of Patients and Providers and do not guarantee (i) the existence, quality, safety, suitability or legality of any Provider Services or (ii) the truth or accuracy of any descriptions of Users, Comments or other Content provided by Members. You acknowledge that DrOnline has no general obligation to monitor the use of the DrOnline Platform and verify the information provided by our Members, but has the right to review, disable access to, remove or edit Content for: (i) operate, protect and enhance the DrOnline Platform (including for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, authority or other administrative agency or governmental body; (iv) address Members’ Content that we determine to be harmful or objectionable; (v) take action set forth in these Terms; and (vi) maintain and apply any quality or eligibility criteria. Where we remove or deactivate Content, we will notify the Member and provide the reasons for such action, unless such notification (i) prevents or prevents the detection or prevention of fraud or other illegal activities, (ii) harms the legitimate interests of other Members or third parties, or (iii) violates applicable laws. Members agree to cooperate and support DrOnline in good faith, and to provide DrOnline with such information and take such action as DrOnline may reasonably request in connection with any investigation conducted by DrOnline concerning the use or misuse of the DrOnline Platform.
17. Member Accounts.
You must register an account to access and use many of the features of the DrOnline Platform. Registration is only allowed for legal entities, partnerships and individuals 18 years of age or older. You represent and warrant that you are not a person or entity prevented from using the DrOnline Platform in accordance with applicable law. You must provide accurate, current and complete information during registration and keep your account information up-to-date. You may not register more than one account or transfer your account to another person. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose them to any third party. You must notify DrOnline immediately if you suspect that your credentials have been lost, stolen or that your account is otherwise compromised. You are responsible for activities conducted through your DrOnline Account, unless you have not authorized the activities in question and have not acted negligently (for example, by failing to report unauthorized use or loss of your credentials). If and as permitted by applicable law, we may, but are under no obligation to (i) ask you to provide identification or other information, (ii) conduct checks to help verify your identity or background, (iii) compare you with third-party databases or other sources and request reports from service providers, and (iv) obtain reports from public records of criminal convictions or sexual offences or their local equivalents.
18. Legal Notice.
We do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any Patient, Provider, Provider Service or third party and we do not warrant that the verification, identity or background checks performed on Members (if any) will identify past misconduct or prevent future misconduct. Any reference to a Member’s “verification” (or similar language) indicates only that the Member or DrOnline has completed a relevant verification or identification process and nothing else. We are not responsible for interruptions or interference in the Internet service and telecommunications infrastructure that are beyond our control and that may cause interruptions in the availability of the DrOnline Platform. If necessary, DrOnline may, temporarily and upon review of the legitimate interests of Members, (for example, upon notice), limit access to the DrOnline Platform or some of its features, due to capacity limits, security or integrity of our servers or to perform maintenance measures, which ensure the proper or improved operation of the DrOnline Platform.
DrOnline is responsible, in accordance with the legal provisions, for intent and gross negligence of DrOnline, our legal representatives, directors or other indirect agents. The same applies to the assumption of warranties or any other strict liability. In the event of any negligent breach of essential contractual obligations by us, our legal representatives, directors or other indirect agents, DrOnline’s liability is limited to the foreseeable damages that would normally occur. The fundamental contractual obligations are the duties of DrOnline, in whose full compliance the User normally trusts and must rely for the proper performance of the contract. Any additional liability of DrOnline is excluded.
To the fullest extent permitted by applicable law, you agree to release, defend (at DrOnline’s discretion), indemnify and hold DrOnline (including DrOnline Payments, other affiliates and its personnel) harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your violation of these Terms (including any additional or additional terms that apply to a product or resource) or our Policies, (ii) your misuse of the DrOnline Platform, (iii) your interaction with any Member or Provider Service, including, without limitation, any health problems or consequences of the use of medication or therapies prescribed by providers registered with DrOnline, (iv) your failure, or our failure as directed, to report, collect or accurately remit Taxes, or (v) your violation of any laws, regulations or the rights of others, such as intellectual property or privacy rights. The obligation to indemnify only applies if and in cases where the claims, damages, losses and expenses have been adequately caused by your willful breach of a contractual obligation.
21. Adjudicating Entities.
Based on your country of residence or establishment and what you are doing in the DrOnline Platform, Annex 1 below presents the DrOnline entity with whom you are signing a contract. If we identify through the DrOnline Platform, a DrOnline entity different from that established in Annex 1 as being responsible for a product, resource or transaction, the DrOnline entity thus identified is your contracting entity in relation to that product, resource or transaction. If you change your country of residence or establishment to a country outside of the EEA, Switzerland, or the United Kingdom, the DrOnline company with which you entered into a contract and the applicable version of the Terms of Service will be determined by your new country of residence or establishment from the date of the change in your country of residence or establishment.
22. Applicable Law and Jurisdiction.
These Terms are governed by and interpreted in accordance with Portuguese law. If you are acting as a consumer and the mandatory provisions, relating to consumer protection, of your country of origin are more beneficial to you, those provisions shall apply regardless of the choice of Irish law. As a consumer, you may bring any legal proceedings relating to these Terms before the competent court of your area of residence or the competent court of DrOnline’s headquarters in Portugal. If DrOnline intends to assert any of its rights against you as a consumer, we can only do so in the courts of the jurisdiction in which you are resident. If you are acting as a company, you agree to submit to the exclusive jurisdiction of the Portuguese courts.
23.1 Interpretation of these Terms. Except where they may be supplemented by additional terms, conditions, policies, guidelines, standards and product disclosures, these Terms constitute the entire agreement between you and DrOnline regarding your access or use of the DrOnline Platform and supersede any and all prior oral or written understandings or agreements between you and DrOnline. These Terms are not intended to confer and do not confer any rights or remedies on any entity other than you and DrOnline.
23.2 No Waiver. DrOnline’s failure to enforce any right or provision in these Terms does not constitute a waiver of such right or provision unless acknowledged and accepted by us in writing. Except as expressly provided in these Terms, the application by either party of any of its remedies set forth in these Terms is without prejudice to the other remedies set forth in these Terms or as otherwise permitted by law.
23.3 Assignment. You may not assign, transfer or delegate this agreement or its rights and obligations, now provided, without DrOnline’s prior written consent. DrOnline may, without any restriction, assign, transfer or delegate this agreement and any rights and obligations hereunder, at its sole discretion, upon 30 days’ prior notice. Your right to terminate this agreement at any time pursuant to Section 13.2 is unaffected.
23.4 Prior Notice. Unless otherwise stated, any notices or other communications to Members, authorized or required under this Agreement, will be provided electronically and sent by DrOnline by e-mail, notification on the DrOnline Platform or message service (including SMS and WeChat) or any other method of contact that we allow you to provide.
23.6 Third Party Services. The DrOnline Platform may contain links to third party sites, applications, services or resources (“).Third Party Services“) which are subject to different privacy terms and practices. DrOnline is not responsible for any aspect of these Third Party Services and links to these Third Party Services are not an endorsement.
23.7 Google Terms. Some translations on DrOnline Platform are done with Google technology. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability and any implied warranties of merchantability, fitness for a particular purpose and non-infringement.
23.8 Apple Terms. By accessing or downloading our Apple App Store application, you agree to Apple Licensed Application End User License Agreement.
23.9 Content of the DrOnline Platform. The content made available through the DrOnline Platform may be protected by copyright, trademark and/or other laws of the United States and other countries. You acknowledge that all intellectual property rights in such Content are the exclusive property of DrOnline and/or its licensors, and you agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices. You may not use, copy, adapt, alter, prepare derivative works from, distribute, license, sell, transfer, disseminate and display, transmit, publicly perform or otherwise exploit any Content that is accessed through the DrOnline Platform except to the extent that you are the legal owner of such Content or as expressly permitted in these Terms. Subject to your compliance with these Terms, DrOnline grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) download and use the Application on your personal devices; and (ii) access and view Content made available on or through the DrOnline Platform and accessible to you, solely for your personal, non-commercial use.
23.11 Force Majeure. DrOnline shall not be liable for any delay or failure in performance resulting from causes beyond its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fires, floods, accidents, epidemics or disease, strikes or shortage of transportation facilities, fuel, energy, labor or materials.
23.12 E-mails and SMS. You will receive administrative communications from us using the email address or other contact information you provide for your DrOnline account. Subscribing to additional e-mail subscription programs will not affect the frequency of these administrative e-mails, although you should expect to receive additional e-mails specific to the programs you subscribed to. You may also receive promotional emails from us. There will be no charge for these promotional e-mails, but third party data charges may apply. You can control whether you receive promotional emails by using the notification preferences in your account settings. Please note that you will not be able to take advantage of certain promotions if you disable certain communication settings or do not have a DrOnline Account.
23.13 Contact us. If you have any questions regarding these Terms, you should email us.
Annex 1 – Contracting entities
YOUR PLACE OF RESIDENCE OR ESTABLISHMENT:
DRONLINE’S CONTRACTING ENTITY:
European Economic Area, EUA, Switzerland or the United Kingdom
Edifício StartUP Alentejo, Av. 25 de Abril, 7090-134 Vendas Novas,