Termos de Serviço

Thank you for using DrOnline!

These Terms of Service for European Users (“Terms“) are a binding legal agreement between you and DrOnline that governs your use of DrOnline’s websites, applications and other offerings (collectively, the “DrOnline Platform“). When used in these Terms, “DrOnline,” “we,” “us” or “our” refers to the DrOnline entity you are contracting with.

The DrOnline Platform offers an online space that allows users (“Members“) to publish, offer, search and consult telemedicine services using video consultation. Members who publish and offer services are “Providers“and Members who search, consult or use services are “Patients.” Providers offer their telemedicine services according to their duly certified professional skills. Each Provider must register an account to access and use many of the features of the DrOnline Platform and must keep their account information correct. As a provider of the DrOnline Platform, DrOnline does not own, control, offer or provide any Provider Service(s).

Each Provider is responsible for understanding and complying with all laws, rules, regulations and contracts with third parties that apply to its Provider Services.

 

Patient Terms

1. Our Mission Statement.

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) requesting a consultation (in this case medical) with a view to a concrete and precise purpose.

Our goal is achieved at the moment the Patient makes a telemedicine appointment with the Provider (doctor), and we have no intervention in the consultation nor in the post-consultation medical follow-up.

2. Search and Consult in DrOnline.

2.1 Search. You can search for Provider Services using criteria such as the 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, Reviews, cancellation history, popularity, previous consultations and Saved Providers, among others.

2.2 Booking. By booking an appointment with a Provider, you agree to pay all 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 confirmation of the consultation, a contract for Provider Services (sometimes called 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 booked consultation, you will receive a full refund, provided that the cancellation is made up to 48 hours before the appointment. If the appointment is cancelled less than 48 hours before the appointment date no refund will be made. If the appointment is not provided within 1 hour of the scheduled date you are entitled to a full refund. If the Provider cancels you may be entitled to make a new appointment or to receive a full refund. 

4. Your Responsibilities.

You are responsible for your own acts and omissions, which may mislead the clinical assessment during the medical consultation. You are also responsible for false statements that may result in a wrong clinical evaluation, including concealing or falsely indicating symptoms, using false personal data or identification, among others.

Provider Terms

5. Providing clinical services at DrOnline.

5.1 Provider. As a Provider, DrOnline offers you the opportunity to perform video medical consultations in telemedicine with our Patient community and to earn money while doing so. You are required to be qualified and certified to practice medicine or other health care services according to your specialty. To register you must submit an application that will be reviewed by DrOnline to ensure that you meet all regulations of the country in which you provide clinical services. All providers registered at DrOnline should be able to provide services directly to End-Patients, according to the legislation of each country (for example in Portugal the provider should be accredited by the Medical Association and be registered with the Health Regulatory Authority as a provider. The price of the service provided is fixed by DrOnline.

5.2 Patient Contracts. When you receive an appointment confirmation through the DrOnline Platform, you are entering into a contract directly with the Patient and are responsible for providing the Provider Service on the terms and at the price specified on DrOnline. You also agree to pay applicable fees, such as DrOnline’s 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 on a different method.

5.3 Provider Independence. Your relationship with DrOnline is that of an independent individual or entity and not that of an employee, agent, joint venturer or partner of DrOnline, with the exception of DrOnline acting as a payment collection agent. DrOnline does not direct or control your Provider Service and understands that you may in your sole discretion decide whether and when to provide the Provider Services.

6. Provider Responsibilities

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. You are responsible for your own acts and omissions. Do not encourage Patients to create third party accounts, post comments, provide their contact information or take other actions outside of the DrOnline Platform.

6.5 Provider as an Organisation. If you work as a Provider as part of a team, company or other organisation, the entity and each individual participating in the provision of the 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 authorised to enter into contracts and bind your team, company or other organisation and that each entity you use is in good standing under the laws of the place where you are established. If you perform other functions, you represent and warrant that you are authorised to perform those functions. If you instruct DrOnline to transfer your payment to another entity you must be authorized to do so and are responsible for the payment amounts and the accuracy of any payment information you provide.

7. Cancellations, and Query Modifications.

7.1 Cancellations. In general, if a Patient cancels an appointment, the amount paid to you is determined by the cancellation policy that applies to that appointment. As a Provider, you must 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 amount of the refund and other costs incurred by DrOnline exceed your payment, DrOnline may recover that amount from you, including by offsetting the refund against your future payments.

7.2 Query Modifications. Providers and Patients are responsible for any Appointment Modifications they agree to make through the DrOnline Platform or refer to DrOnline customer service to make on their behalf and agree to pay any additional amounts, fees or taxes associated with an Appointment Modification.

8. Taxes.

8.1 Provider Taxes. As the Provider, you are responsible for knowing and complying with your obligations under applicable laws to declare, charge, remit or include in your price any applicable VAT or other indirect taxes (“Taxes“).

8.2 Tax Information. Tax regulations may require us to collect and/or report tax information about you, withhold taxes from your payments, or both. If you do not provide us with documentation that we determine is sufficient to support such obligation to withhold Taxes from your payments, we may withhold payments up to the amount as 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 Taxes, Excise Taxes or other for your Provider Services to facilitate the correct reporting of Taxes by our Patients and their organisations.

General Terms

9. Comments.

After each Provider Service, Patients will have the opportunity to leave comments for the Provider. 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.

10. Content.

Parts of the DrOnline Platform allow you to provide feedback, text, photos, audio, video, information and other content (“Content“). By providing Content, in any form and through any medium, you grant DrOnline a non-exclusive, worldwide, royalty-free, sublicensable and transferable licence, during the period of protection of the rights so licensed, to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast and otherwise exploit such Content to provide and/or promote the DrOnline Platform, on any medium or platform, known or unknown to date and in particular on the Internet and social networks. If the Content includes personal information, such Content shall only be used for these purposes if such use complies with applicable data protection laws in accordance with our Privacy Policy. Where DrOnline pays for the creation of Content or facilitates its creation, DrOnline may own that Content, in which case supplemental terms or disclosures will provide to that effect. The User is solely responsible for all Content it provides and warrants that it is the owner or is authorized to grant DrOnline the rights described in these Terms. The User is responsible if any of its Content violates or infringes the intellectual property or privacy rights of third parties. The Content must comply with our Non-Discrimination Policywhich prohibit, among other things, discriminatory, obscene, harassing, deceptive, violent and illegal content. You agree that DrOnline may make available automated services or tools to translate Content and that your Content may be translated using such services or tools. DrOnline does not guarantee the accuracy or quality of translations and Members are responsible for confirming the accuracy of such translations.

11. Rates.

DrOnline may charge fees (and applicable Taxes) to Providers and Patients for use of the DrOnline Platform. Unless otherwise provided in 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 advance notice of any changes to the fees before they take effect. Fee changes will not affect consultations made prior to the effective date of the fee change. If you do not agree with a fee change, you may terminate this agreement at any time.

12. Rules of the DrOnline Platform.

12.1 Rules. You must follow these rules and you must not help or induce others to break or circumvent these rules.

• Acting with integrity and treating others with respect
  
  • Not lying, misrepresenting something or someone, or pretending to be someone else.
  • Be polite and respectful when communicating or interacting with others.
  • Follow our Non-Discrimination Policy and not discriminate or harass others.
• Do not scrape, hack, reverse engineer, compromise or damage 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.
  • Not hack, avoid, remove, impair or attempt to circumvent any security or technological measures used to protect the Platform or DrOnline Content.
  • Not to decrypt, decompile, disassemble or reverse engineer any software or hardware used to provide the DrOnline Platform.
  • Not to take any action that may damage or negatively affect the performance or proper operation of the DrOnline Platform.
• Only use the DrOnline Platform as authorised 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.
  • Not to 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 enable your use of the DrOnline Platform as a Patient or Provider.
  • Not use Content unless you have permission from the owner of the Content or the use is authorised by us in these Terms or another agreement you have with us.
  • Not to request, make or accept a consultation 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 website, application or service before, during or after an appointment unless authorised by DrOnline.
  • Not engage in any practices that are intended to manipulate our search algorithm.
  • Do not consult Provider Services unless you are actually using Provider Services.
  • Not to use, copy, display, mirror or frame the DrOnline Platform, any Content, any DrOnline branding or any page layout or design without our consent.
• Fulfilling its legal obligations
  
  • Understand and follow the laws that apply to you, including privacy, data protection and data export laws.
  • If you provide us with another person’s personal information, you must: (i) do so in accordance with applicable law, (ii) be authorised to do so and (iii) authorise us to process such information under our Privacy Policy.
  • 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 media identifier, trade name, trademark, brand image, logo or other source identifier that could be confused with DrOnline’s 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 human trafficking.

12.2 Reporting Violations. If you believe that a Member, Service or Content has violated our the rules set forth in these Terms, you should report your concerns to DrOnline.

12.3 Copyright Notices. If you have reason to believe that Content on the DrOnline Platform infringes copyright, you must 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 in accordance with these Terms.

13.2 Termination. You may 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 through 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 third parties (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 third party rights, (iii) repeatedly receive bad Comments or DrOnline becomes aware of or receives complaints about your performance or conduct, (vi) repeatedly cancel confirmed enquiries or fail to respond to enquiry requests 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 appointments; or
• suspend or revoke any special status associated with your account.

In the case of non-material breaches or where appropriate, you will receive notice of any action sought by DrOnline and an opportunity to remedy the problem, unless such notice (i) prevents or impedes 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 it determines is reasonably necessary to comply with applicable law, or the order or request of a court, authorities or other administrative agency or government body.

13.5 Effect of Termination. If you are a Provider and you close your DrOnline account, any confirmed appointments will automatically be cancelled and your Patients will receive a full refund. If you close your account as a Patient, any confirmed appointments will automatically be cancelled, with no refund. Upon termination of this Agreement, you have no right to recover your account or any part of your Content. If your access to 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 Resource. If DrOnline takes any of the actions described in this Section 13, you may appeal such decision by contacting our customer service.

14. Amendment of the present terms.

DrOnline may change these Terms at any time. When we make changes to these Terms, we will post the revised version of these Terms on the DrOnline Platform and update the “Last Updated” date at the beginning of these Terms. We will also notify you of the proposed changes by email at least thirty (30) days prior to their effective date. If you do not agree with 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 effective date 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 between themselves. 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 is acting as a billing agent. While we work hard to ensure that our Members have excellent experiences with DrOnline, we do not 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 User descriptions, 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, remove or edit Content to: (i) operate, protect and improve the DrOnline Platform (including for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Member compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, authorities or other administrative agency or government body; (iv) address Member Content that we determine is harmful or objectionable; (v) take actions set forth in these Terms; and (vi) maintain and enforce any quality or eligibility criteria. Whenever we remove or disable Content, we will notify the Member and provide reasons for such action, except if such notification (i) prevents or impedes the detection or prevention of fraud or other illegal activity, (ii) harms the legitimate interests of other Members or third parties, or (iii) violates applicable laws. Members agree to cooperate with and support DrOnline in good faith, and to provide DrOnline with such information and to take such action as may reasonably be requested by DrOnline in connection with any investigation by DrOnline concerning the use or misuse of the DrOnline Platform.

17. Members’ accounts.

You must register an account to access and use many of the features of the DrOnline Platform. Registration is only allowed for legal persons, partnerships and individuals 18 years of age or older. Declares and warrants that you are not a person or entity barred 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 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) perform checks designed to help verify your identity or background, (iii) compare you to third party databases or other sources and request reports from service providers, and (iv) obtain reports from public records of criminal or sexual offence convictions or their local equivalents.

18. Legal Notice.

We do not endorse or guarantee the existence, conduct, performance, safety, quality, legality or appropriateness of any Patient, Provider, Provider Service or third party and we do not guarantee that verification, identity or background checks performed on Members (if any) will identify past misconduct or prevent future misconduct. Any reference to “verification” of a Member (or similar language) indicates only that the Member or DrOnline has completed a relevant verification or identification process and nothing more. We are not responsible for interruptions or interference with 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 analysis of the legitimate interests of the Members, (e.g. upon notice), limit access to the DrOnline Platform or some of its functionalities, for reasons of capacity limits, security or integrity of our servers or to execute maintenance measures, which guarantee the proper or improved functioning of the DrOnline Platform.

19. Liability.

DrOnline is liable in accordance with statutory provisions for intent and gross negligence on the part of DrOnline, our legal representatives, directors or other vicarious agents. The same applies to the assumption of warranties or any other strict liability. In the event of any negligent breaches of essential contractual obligations by us, our legal representatives, directors or other vicarious agents, the liability of DrOnline is limited to the foreseeable damage that normally occurs. Essential contractual obligations consist of the duties of DrOnline, on whose full compliance the User normally relies and must rely for the proper execution of the contract. Any further liability of DrOnline is excluded.

20. Compensation.

To the fullest extent permitted by applicable law, you agree to release, defend (at DrOnline’s option), indemnify and hold harmless DrOnline (including DrOnline Payments, other affiliates and its personnel) 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 related to: (i) your breach of these Terms (including any supplemental or additional terms that apply to a product or feature) 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 therapeutics prescribed by DrOnline registered Providers, (iv) your failure, or our failure pursuant to your direction, to accurately report, collect or remit Taxes, or (v) your violation of any laws, regulations or third party rights, such as intellectual property or privacy rights. The indemnification obligation only applies if and in cases where the claims, damages, losses and expenses were properly caused by your wilful breach of a contractual obligation.

21. Contracting Bodies.

Based on your country of residence or establishment and what you are doing on the DrOnline Platform, Appendix 1 below shows the DrOnline entity with whom you are entering into a contract. If we identify through the DrOnline Platform, a DrOnline entity other than the one set out in Appendix 1 as being responsible for a product, feature or transaction, the DrOnline entity so identified is your contracting entity in relation to that product, feature or transaction. If you change your country of residence or establishment to a country outside the EEA, Switzerland or the United Kingdom, the DrOnline company with which you have concluded a contract and the applicable version of the Terms of Service will be determined by your new country of residence or establishment as of the date of the change in your country of residence or establishment.

22. Applicable Law and Jurisdiction.

These Terms are governed by and construed in accordance with Irish law. If you are acting as a consumer and the mandatory consumer protection provisions of your home country are more beneficial to you, those provisions will apply regardless of your choice of Irish law. As a consumer, you may bring any legal proceedings relating to these Terms before the competent court in your area of residence or the competent court at DrOnline’s headquarters in Portugal. If DrOnline wishes to enforce 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. Various.

23.1 Interpretation of these Terms. Except as may be supplemented by additional terms, conditions, policies, guidelines, standards and product disclosures, these Terms constitute the entire agreement between you and DrOnline with respect to your access to or use of the DrOnline Platform and supersede any and all prior understandings or agreements, oral or written, between you and DrOnline. These Terms are not intended to confer and do not confer any rights or remedies on any entity other than the user and DrOnline.

23.2 No Waiver. DrOnline’s failure to enforce any right or provision provided for in these Terms shall 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 provided for in these Terms shall be without prejudice to the exercise of the other remedies provided for in these Terms or otherwise permitted by law.

23.3 Assignment. You may not assign, transfer or delegate this Agreement or your rights and obligations hereunder without DrOnline’s prior written consent. DrOnline may, without restriction, assign, transfer or delegate this agreement and any rights and obligations hereunder, in its sole discretion, upon 30 days prior written notice to you. Your right to terminate this Agreement at any time pursuant to Section 13.2 is unaffected.

23.4 Prior Notice. Except as otherwise provided, any notices or other communications to Members authorised or required under this Agreement will be provided electronically and sent by DrOnline by email, notification on the DrOnline Platform or messaging 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 websites, applications, services or resources (“Third Party Services“) that are subject to different terms and privacy practices. DrOnline is not responsible for any aspect of such Third Party Services and links to such Third Party Services are not an endorsement.

23.7 Google terms. Some translations on the DrOnline Platform are done with Google technology. Google disclaims all warranties relating 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 application from the Apple App Store, you agree to the Apple Licensed Application End User License Agreement.

23.9 Content of the DrOnline Platform. 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 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 of, distribute, license, sell, transfer, disclose and display, transmit, publicly broadcast 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 that is 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 diseases, strikes or shortages of transportation facilities, fuel, power, labour 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. Subscription to additional email subscription programs will not affect the frequency of such administrative emails, although you should expect to receive additional emails specific to the programs you have subscribed to. You may also receive promotional emails from us. You will not be charged a fee for these promotional emails, but third-party data fees 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, please send us an e-mail.

 

Annex 1 – Contracting Bodies