Terms and conditions

For the best use of the platform, please read the Terms and Conditions carefully.

• “platform” means both the Platform for Android/IOS devices, as well as the Application and the Website www.eteledoc.ro which can be accessed using any browser.

I. GENERAL TERMS AND CONDITIONS. USE OF THE PLATFORM

This platform belongs to S.C. AMED SERVICII PERSONALIZE S.R.L., J40/1885/2021, CIF: 43676139, with its registered office in Bucharest, 31 Banul Manta Blvd., Ground Floor, Sector 1, Bucharest.

The Platform and the services provided through it may not be used for illegal or unauthorized purposes, nor is it permitted to violate, through the use of the Platform, the laws applicable in Romania or the rights of third parties. The beneficiaries, users and doctors are responsible for the way they use the platform and for the consequences arising from its use, in accordance with the applicable legislation.

S.C. AMED SERVICII PERSONALIZE S.R.L. does not control the healthcare activities carried out during the consultations through the platform or any other activities related to them, just as S.C. AMED SERVICII PERSONALIZE S.R.L. does not control the activity of the beneficiary users.

At the same time, the beneficiary users acknowledge that the proper functioning of the Platform may also depend on the quality or speed of the Internet connection when using the Platform.

It is forbidden to transmit viruses when accessing or using the Platform and the Services made available through the Platform.

It is forbidden to upload or send documents/images of a denigrating or offensive nature, with reprehensible intentions and/or that are not related to the purpose of the platform, S.C. AMED SERVICII PERSONALIZE S.R.L. reserving the right to close the account of users who use the platform in this way.

The beneficiary user is solely responsible for any materials, information or documents uploaded to the platform. S.C. AMED SERVICII PERSONALIZE S.R.L. does not assume any responsibility for any content uploaded to the platform by the beneficiary users.

Your acceptance of the terms and conditions is contractually binding between you, as a user beneficiary, and S.C. AMED SERVICII PERSONALIZE S.R.L. as an intermediary.

The platform works as an intermediary between doctors and beneficiary users, being a communication tool between them, providing classified medical information, offering the possibility of accessing medical assistance through information technology and electronic means of communication, through telemedicine services, as defined by Law no. 95/2006 on health reform.

The platform does not have the status of a medical unit within the meaning of Law no. 95/2006 on the reform of the health system and does not itself provide health care services. Also, by accepting the Terms and Conditions, the Beneficiary Users agree that the company that manages the Platform is not active in the field of providing medical assistance and that any consultation or medical act carried out between a doctor and the Beneficiary User becomes the sole responsibility of the doctor and the Beneficiary User.

S.C. AMED SERVICII PERSONALIZE S.R.L. will not be liable for any damages, costs, lawsuits, claims or expenses incurred as a result of non-compliance by Doctors and Users with the Terms and Conditions imposed by the platform administrator.

S.C. AMED SERVICII PERSONALIZE S.R.L. is not responsible for interruptions and inconveniences that may occur due to fortuitous causes, such as the stability of the Internet connection, weather events, mobile device signals, server operation, etc.

The use of the platform may be suspended or interrupted for maintenance activities, in which case, in case of overlap with the already scheduled consultations between doctors and user beneficiaries, the platform undertakes to provide support for rescheduling at no additional cost.

S.C. AMED SERVICII PERSONALIZE S.R.L. will not be responsible if the device used by the beneficiary user does not have functional facilities and/or the service cannot be provided or is interrupted for these reasons, or if the session is interrupted as a result of external events such as power outages, natural disasters, other force majeure or random events.

In this case, depending on the user’s availability, the consultation may be rescheduled at no extra cost.

S.C. AMED SERVICII PERSONALIZATE S.R.L. is not responsible for any damage caused by viruses, bugs, human actions or any failure of the computer system, or any other errors, failures or communication delays in transmissions on devices, which affect the platform for causes beyond the fault of S.C. AMED SERVICII PERSONALIZATE S.R.L.

In the event of a disconnection during an online video-audio consultation, the user and/or the doctor agree to make every effort to reconnect as soon as possible during that consultation.

II. GENERAL CLAUSES CONCERNING THE TELEMEDICINE SERVICE

The telemedicine service – provided through S.C. AMED SERVICII PERSONALIZATE S.R.L. – is available as an alternative to consultations in the physical presence of the doctor, when physical presence is not possible or not agreed with the user beneficiary.

Telemedicine services S.C. AMED SERVICII PERSONALIZATE S.R.L. acts as an intermediary that makes available to user beneficiaries and doctors the communication platform – Platform, so it is not responsible for the information submitted by doctors and user beneficiaries in the Platform.

The services provided through the platform owned by S.C. AMED SERVICII PERSONALIZATE S.R.L. are telemedicine services, as defined by Law no. 95/2006 on health reform. They include:

• Teleconsultation

Teleconsultation is the medical service carried out in relation to the user beneficiary, who discusses remotely with the doctor, and can be carried out by any means of communication, to establish the diagnosis, treatment and/or measures necessary for the prevention of diseases and their complications, all in the interest of promoting the health of the user beneficiary.

• Telemonitoring

Telemonitoring is a medical service enabling a medical specialist to remotely monitor and interpret medical data about the user beneficiary transmitted by the user beneficiary by means of remote electronic communication, necessary for medical follow-up, adjustment of therapeutic, lifestyle and hygienic-dietary behaviour related to the care of this user beneficiary, as appropriate. The recording and transmission of medical data may be automated by means of approved medical devices that measure and transmit medical information on the condition of the user beneficiary or performed by the user beneficiary, physician, or other medical personnel.

Within the Platform, the user beneficiary will be able to benefit from the services offered by doctors who are registered and available on the Platform, in the “contact doctor” section, doctors who are committed to high standards of professionalism.

The medical assistance provided by doctors through this Platform is provided solely on the basis of data, information and symptoms provided by the user beneficiary, so it is the user beneficiary’s responsibility to provide true and complete information related to health condition, symptoms, treatments and other relevant information. It is also the responsibility of the user beneficiary to follow all indications set by the doctor.

S.C. AMED SERVICII PERSONALIZATE S.R.L. ensures the confidentiality of the communication between doctor and user beneficiary by the fact that S.C. AMED SERVICII PERSONALIZATE S.R.L. and its staff do not have access to the information stored in the Platform related to the content of the medical assistance and the medical act provided (such as the history of conversations with doctors, medical documents uploaded).

Only the user-beneficiary and the doctor can have access to the history of doctor-user conversations made through the Platform.

III. GENERAL CLAUSES FOR ACCOUNT CREATION

To use the Platform and the Services offered through it, you must create an account on the Platform.

To use the services offered through the platform, users must be over 18 years old and must purchase a subscription. By accepting these Terms and Conditions (in the latest form available on the site at the time of accessing or purchasing the Services) the user beneficiary declares that he/she is 18 years old. Holding an account on the Platform by User Beneficiaries who are under the age of 18 is prohibited.

Accessing and/or downloading the Platform is free of charge. The Beneficiary User may only have one active account on the Platform.

An internet connection is also required to operate and access the Platform, which is available online.

In order to create an account on the Platform, the beneficiary user will have to enter the requested data and set a password. For the creation of the account, it is mandatory to enter the real identity data.

If the data has been entered erroneously or are no longer up to date, the user beneficiary may make any rectification he/she deems necessary by accessing the platform functions provided for this purpose. The beneficiary user agrees to update his/her information immediately if there are any changes to the data originally entered.

The Beneficiary User is responsible for maintaining the confidentiality of the account and password and for restricting access to the account to third parties.

The Beneficiary User agrees to provide current, complete, and accurate information when using the Platform for all transactions performed on the Platform.

Public profiles of registered physicians, including information about the physician’s name and specialty, will be available to User Beneficiaries on the Platform.

The user beneficiary profile will not be available to other users. Doctors will be able to access user beneficiary documents and information only after an interaction with them has been requested.

The Platform allows the user beneficiary to create their own confidential, structured, organised and accessible medical record, to use an appointment calendar, for medication or to enter certain health data into the Platform (blood sugar level, blood pressure, etc.). This data will be kept confidential by other users.

Communications regarding the services provided by the Platform as well as various changes will be made by means of messages, notifications, pop-ups, etc. or by email or telephone to the contact details provided by the beneficiary’s users or doctors in the Platform. Any subsequent change of contact details will have to be updated in the Platform, otherwise the communication will be considered as validly completed on the contact details available and indicated by the user beneficiaries.

The user beneficiary will not be able to assign the account to any other person.

By creating your account on the Platform, you agree to these Terms and Conditions by clicking on the button “I have read and agree to the Terms and Conditions”.

IV. PLATFORM OWNER CLAUSES – BENEFICIARIES USERS

This platform belongs to and is provided by S.C. AMED SERVICII PERSONALIZATE S.R.L., J40/1885/2021, CIF: 43676139, with registered office in Bucharest, B-Dul Banul Manta, Nr.31, Parter, Sector 1 Bucharest. By “platform” we mean both the application for Android/IOS devices and the website www.eteledoc.ro which can be accessed using any browser.

The platform is made available to users by S.C. AMED SERVICII PERSONALIZATE S.R.L.

S.C. AMED SERVICII PERSONALIZATE S.R.L. is not responsible for the way in which the medical act is provided and carried out by the user doctors.

S.C. AMED SERVICII PERSONALIZE S.R.L. reserves the right to limit or block, temporarily or permanently, any user who abuses the services offered by the platform.

V. INDEMNIFICATION OF SC AMED PERSONALISED SERVICES S.R.L.

The user beneficiary agrees to indemnify S.C. AMED SERVICII PERSONALIZATE S.R.L., in case of defamatory statements made without legal support in the public space – television, radio, online environment, if they are not based on a final and irrevocable judgment on a crime or on a tort. The amount to be paid in this respect by the user or doctor is 20,000 lei, for each deviation.

The limitation period for obtaining compensation in respect of a possible fault of S.C. AMED SERVICII PERSONALIZATE S.R.L. will be reduced, pursuant to Article 2515 para. (4) of the New Civil Code to one year.

VI. OBLIGATIONS OF THE USER DOCTOR

The user doctor undertakes that throughout the period of activity on the platform, he/she shall have the legal right to practise and shall hold all the authorisations required by the legislation in force for the provision of medical services for which he/she is accredited. If the user doctor loses this right and/or authorisation for any reason, he/she must immediately withdraw from the platform.

The doctor is fully responsible for the provision of medical assistance in accordance with the law as well as for collecting the necessary agreements and information required for the provision of medical assistance.

The user doctor undertakes not to infringe any rights of a third party, including copyrights, trademarks, rights of confidentiality and protection of personal data, personality rights or other personal or property rights. Furthermore, no libellous or unlawful, abusive or obscene material or software that could in any way affect the operation of the platform shall be used in the activity.

The user doctor undertakes to provide telemedicine services in a competent, professional and prompt manner, being responsible for the consequences of the information provided.

The user doctor undertakes to respect professional secrecy and the confidentiality of medical documents in accordance with the legislation in force. The doctor is in turn directly responsible for ensuring the confidentiality of the information received.

The user doctor is obliged to have an ethical attitude in his/her relationship with the beneficiary users.

The user doctor undertakes to ensure a stable connection to the Internet from a reliable personal device and to make every effort to ensure continuity and stability of the conversation during the performance of the telemedicine medical act.

Failure by the user doctor to ensure a stable Internet connection from a personal device and to make every effort to ensure continuity and stability of the call during the performance of the telemedicine medical act shall be penalised by non-payment of remuneration to the user doctor for the whole day, regardless of the duration of the interruption of the telemedicine act due to the doctor’s fault and regardless of the number of hours worked by the doctor on that day.

VII. OBLIGATIONS OF THE PLATFORM PROVIDER

VIII. LIABILITY WITH REGARD TO THE SERVICES RENDERED DOCTORS – BENEFICIARIES USERS

IX. PERSONAL DATA

By signing the “Terms and Conditions” the beneficiary agrees to the processing of personal data.

Doctors are obliged to collect personal data of user beneficiaries only for the purpose of making appointments and establishing diagnosis and treatment and only in accordance with the provisions of EU Regulation 679/2016.

By clicking the button “I have read and agree to the Terms and Conditions” you agree to the information, rights, and obligations herein. If you do not agree to abide by the Terms and Conditions as set out below, you will not be able to use the Platform and you will not be able to use and benefit from the Services made available through the Platform.