Terms and conditions of use of the website doctorsinitaly.com and the mobile application Doctors in Italy
1.1 Doctor Today S.r.l., a company registered with the Italian Chamber of Commerce (reg. no 14598621002) with address Via Frattina, 48 00187 Rome, Italy (“Doctor Today”), is the developer and owner of the website doctorsinitaly.com (the“Website“) and the mobile application Doctors in Italy (the “App” and, jointly with the Website, the “Platform”).
1.4 The Platform and Services are intended solely for use by persons who are at least 18 (eighteen) years old. Any access to or use of the Platform or Services by anyone under 18 (eighteen) is expressly prohibited. By accessing or using the Platform or Services, you represent and warrant that you are 18 (eighteen) or older.
2. Scope of the services provided through the Platform
2.1 The Platform connects Users with healthcare professionals who are certified to speak adequate English and can assist international patients (the “Healthcare Professionals”). The Platform receives the requests from Users who intend to book an appointment for a video consultation, an office visit, a house call or any other health care services with a healthcare professional (the “Medical Services”), and sends them through a proprietary mobile application to all the available healthcare professionals in the relevant fields of specialization. The Platform may also make available for Users certain information related to other healthcare professionals and services (e.g. labs and pharmacies) that are not using the Platform, based solely on public information and/or advertisements made available online or otherwise, whether directly or indirectly, by the healthcare professionals or services owners.
2.2 The healthcare professionals confirm their availability through the App and the Users receive a list of possible appointments directly from the healthcare professionals. The User chooses the preferred option, books and pays online through the Platform.
3.1 Requests for Assistance
Users submit a request for assistance on the Platform, through an online form or via chat, or via phone (the “Request for Assistance”). Users need to confirm the email/phone number provided, as requested by Doctor Today, in order to activate the Request for Assistance. Support via phone and chat is available Monday to Friday 10:00 a.m. – 6:00 p.m., online booking is available 24/7 with an automated responder.
3.2 Management of the Requests for Assistance
3.2.1 The Request for Assistance will be managed as follows:
- a) the Requests for Assistance are submitted on the website and automatically forwarded to all the suitable healthcare professionals, through the App;
- b) the preliminary selection of the suitable healthcare professionals is based on the type of medical specialist requested by the User, as well as the location and medical need as expressed by the User in the Request for Assistance and, inter alia, on the ratings, recommendations and/or feedback given by other Users and other logistic information;
- c) the healthcare professionals confirm through the App their availability to assist the User, the cost of the consultation and the type of assistance they can offer (telemedicine appointment, office appointment or house call);
- d) the User receives via email (or by sms or other instant messaging service) a link to a web page with the list of all the available appointments with the healthcare professionals who have actively offered an appointment. The list will contain name, time of appointment, type of consultation offered and the cost of the consultation set by each healthcare professional;
- e) the User chooses the preferred option, pays online using the selected method of payment (credit card or other payment processing method approved by Doctor Today) and completes the booking of the selected Medical Service with the selected healthcare professional (the “Medical Service Booking”). User will receive confirmation and logistic details via email, sms, or other instant messaging account the User has provided when submitting the Request for Assistance;
- f) in case a Request for Assistance has no match with local healthcare professionals available through the Platform, Doctor Today may provide the User with information and contacts of other healthcare professionals, hospitals, or clinics in the area, available publicly on internet websites, based on suggestions, ratings and/or recommendations made by other Users. These contacts will be provided with purely informational purpose and no Medical Service booking, online payment and any other service provided by Doctor Today will be available in this case;
- g) users may inform Doctor Today about any expected delay or require cancellation of the Medical Service Booking but not later than 24 hours before the time of the appointment for the Medical Service Booking. Any later change or cancellation of a Medical Service Booking shall be subject to the full withholding of the fee charged to User with respect to such Medical Service Booking.
3.2.2 In respect to the above, the User acknowledges and agrees that:
- a) all healthcare professionals are independent providers and simply use the Platform for communicating with the User, offering appointments, completing reservations, collect payments and other services offered by the Platform;
- b) the User is solely responsible for choosing the healthcare professional. The User relies on a healthcare professional of his choice solely at his own risk and assumes full responsibility for all risks associated with this. Doctor Today does not guarantee qualifications or technical skills of healthcare professionals who use the services;
- c) the preliminary selection of healthcare professionals, following the receipt of a Request for Assistance is automatic and does not entail any obligation on Doctor Today to perform any triage or medical assessment of the User needs, being it based only on the information made available by the User him/herself through the Request for Assistance;
- d) healthcare professionals do not pay any fee to be listed on the Platform; they join the Platform on a voluntary basis;
- e) information included in the healthcare professionals’ personal page and online profiles (such as certifications, experience, geographical location and healthcare specialty) is based on information that healthcare professionals make available to Doctor Today or publicly on internet websites;
- f) Doctor Today offers to Users only the possibility to book a telemedicine appointment, a home visit, a doctor’s office visit or at other health facilities; the service offered by Doctor Today matches Users’ requests for health care Services and healthcare professionals offering these services and are registered on the Platform;
- g) Doctor Today does not handle cases of medical emergencies and for any emergency medical assistance Users shall go directly to the nearest hospital’s emergency room;
- h) Doctor Today does neither carry out any type of medical activity, nor is involved in any way in the consultation following the Medical Service booking and, therefore, is not in any way involved in the execution of the Medical Service booked through the Platform (including, for example, any treatment or diagnostic decision adopted by the Healthcare Professional) and in the subsequent invoicing. Consequently, Doctor Today cannot be in any way responsible for any damage claimed by the User in relation to the performance or non-performance or delayed-performance of the Medical Service booked through the Platform;
- i) the invoice for the consultation is provided directly by the healthcare professional at the end of the consultation and Doctor Today does not perform any activity in relation thereto;
- j) the healthcare professionals may request the User to fill out additional forms for house calls, office or clinic appointments, including the information required to prepare an invoice or relevant for the healthcare treatment or procedure. Information will also be used by the healthcare professionals to better understand User medical needs and therefore ensure that he/she receives the best possible care;
- k) the User has always the right to consent or refuse consent to any proposed treatment, test or therapeutic course and should discuss any questions or concerns directly with the Healthcare Professional.
4.Use of the Platform and Account
4.2 Doctor Today will have the right to reject any application to create an Account at its sole and absolute discretion. However, Doctor Today may, but it will not be obligated to, perform verification of any submitted information. Once the Account is created, the User will be considered as such and will be able to make Requests for Assistance and Medical Service bookings.
4.3 The User acknowledges and agrees that creating an Account and uploading any content and information under his/her own profile shall be at his/her own risk only. The User shall evaluate and bear all risks associated with the use of the Platform, booking and receiving the Services.
4.4 Doctor Today reserves the right to (i) suspend, at any time, temporarily or permanently any Account at its sole and absolute discretion; and/or to (ii) modify and/or alter any feature and/or functions currently available or that may be available in the future on the Platform, without notice to the Users and at its sole discretion. User hereby waives and releases Doctor Today from any claims or demand in relation to any of the actions in sections (i) and (ii).
4.5 To create an Account, a login and a password (collectively, “Credentials“) may be registered by the User. Credentials shall be kept private and confidential and shall not be shared with anyone else. The User shall immediately notify Doctor Today if his/her password has been stolen or compromised, by sending an email to [email protected].
4.6 The Company may suspend or terminate access to the Platform for any or no reason at any time and without notice. Nothing will be due by way of indemnity or indemnity in the event of Suspension.
4.7 The User can cancel his/her Account at any time by sending an email to [email protected] It remains understood that the User will be responsible for all activities carried out with the Account until the moment of its actual deactivation.
4.8 The Platform may only be used for personal and non-commercial purposes and for the uses permitted by law to seek for medical assistance and, in particular, for telemedicine consultation, office visit or house call. Either when creating the Account and when booking any Medical Service, the User shall provide true, correct, up-to-date and complete information. The User also agrees not to post, publish, transmit or communicate messages that might involve a criminal offence or that could be detrimental to Doctor Today.
4.9 The User undertakes to indemnify and hold Doctor Today harmless from any loss, cost or injury of any type deriving from the use of the platform, including from any third party complaint and/or request, in relation to any breach by the User of any obligation referred to in paragraph 4.8.
4.10 Apart from the information received directly from the healthcare professionals through a direct exchange, contents of the Platform should not be considered medical advice. The User must always speak with a qualified healthcare professional for diagnosis and treatment, including information on what medications or treatments may be appropriate
4.11 Doctor Today does not recommend or endorse specific tests, suppliers, drugs, products or medical procedures.
4.8 The Platform may not be used for violating or attempting to violate the security systems in place to protect the Platform. Violations of such security systems bear legal consequences and will be pursued by competent authorities, with the full cooperation of Doctor Today.
4.13 Users are explicitly forbidden from entering incomplete, false or imprecise information; deleting or modifying any material contained in the Platform; using any device, software, formula, or routine that may interfere with the correct functioning of the Platform; overload excessively and unreasonably the Platform’s infrastructure; using automated crawling systems to navigate the site with the purpose of obtaining data from the website; copying any or all parts of the website’s content and copy.
4.14 Users may not access or use, or attempt to access or use the Platform to undertake actions that could damage Doctor Today or third parties, interfere with the functioning of the Platform or use the Platform in a way that violates any law. In purely way exemplary and not exclusive, it is not possible:
- a) submit requests at find.doctorsinitaly.com or at a physician/clinic’s personal web page, with a false name or trying to hide in any way her identity or the origin of the transmitted materials;
- b) submit requests or provide information through other means that is false, inaccurate, not updated or incomplete;
- c) submit or send illegal, libelous, defamatory, obscene, fraudulent messages or information, blasphemous, harassing, threatening or praising hatred or gender, racial and species and any other type of violence;
- d) transmit messages or information that violate intellectual property, privacy or rights third party publication;
- e) reproduce, retransmit, distribute, disseminate, sell, publish, transmit or disseminate content received through the Platform to anyone without prior explicit authorization;
- f) engage in spidering, scraping, or gathering of personal content or information unauthorized or use any other unauthorized automated means for extraction of information;
- g) take any action that results in an unreasonable or disproportionate data load on the network or infrastructure of the Platform;
- h) use any device, software or routine to interfere or attempt to interfere with the proper functioning of the Platform or any activity conducted on the Platform or attempting to probe, scan, test for vulnerability or breach the security of any system or network;
- i) attempt to modify, translate, decrypt, decompile, disassemble, reverse engineer or create derivative copies of any software that involves or in any way constitutes a part of the Platform;
- j) engage in any other conduct that restricts or prevents any person from using or use the Platform or which, in Doctor Today’s sole judgment, exhibits Doctor Today or i its Users, affiliates or third parties to any damage
5.Fees and charges
5.1 Unless otherwise specified, Doctor Today does not charge the User for any of the booking services it provides through the Platform.
5.2 The User (directly or through his/her insurance company) will be only asked to pay online, through the Platform, the amounts shown on the Platform that are due and payable as consideration for the booked Medical Services that will be provided by a healthcare professional to the User, without any additional charges (the “Healthcare Professional Fees”).
5.3 The healthcare professionals alone, and not Doctor Today, are responsible for their Healthcare Professional Fees, which they define at their sole discretion. Doctor Today does not influence in any way the Healthcare Professional Fees.
5.4 The User acknowledges and accepts that:
- a) the User will assume all the costs of all the Medical Services booked and Doctor Today will in no case cover any costs, charges or fees on User’s behalf;
- b) unless otherwise specified during the booking process, any and all the Healthcare Professional Fees booked through the Platform shall be paid only through the Platform rather than directly to the healthcare professionals, who will receive payment of their Healthcare Professional Fees by Doctor Today. In no event shall Doctor Today, and/or any third party on our behalf, be liable to the User for any damages or refund of any amount arising in connection with any direct payment made to a healthcare professional.
- c) unless otherwise specified and agreed prior to a consultation, Doctor Today does not get involved with medical insurance claims on behalf of the healthcare professionals. The User needs to obtain all relevant documents necessary for the insurance claim directly from the healthcare professional, clinic or hospital. If the User is covered by an insurance policy which can intervene to cover some or all of the costs, he/she shall inform the healthcare professional. It is also highly recommended that the User inquires with his/her insurance prior to the appointment for the Medical Service about the procedure for making a medical claim, so if any forms need to be signed by the healthcare professional they can be managed at the time of the consultation. The User is responsible for collecting and keeping a copy of all relevant documents, including the invoice/receipt of payment, medical records, prescriptions, or any other medical or administrative document connected with the services.
- d) Doctor Today will charge the Healthcare Professional Fees upon submission of a Medical Service Booking and will collect them on behalf of the healthcare professional from the User or, when applicable, from his/her insurance company, using the User selected method of payment (credit card or other method approved by Doctor Today).
- e) should payment through insurance be agreed upon and accepted by User, healthcare professional and Doctor Today, the User will be required to provide all relevant information to Doctor Today regarding his/her medical insurance. Doctor Today may request the User to make a deposit payment, through online payment systems such as credit card, PayPal or other payment processing options approved by Doctor Today. Should User’s insurance deny coverage of the booked Medical Services, the User will be held liable for the payment of such Medical Services, at the standard fees indicated in the invoice issued by the healthcare professional. Doctor Today shall not be held responsible for the outcome of the refund claim process with the insurance provider.
- f) should the healthcare professional request any additional payment for services provided during the consultation booked through the Platform, or directly arranged with the healthcare professional, the User is expected to cover these expenses paying directly to the healthcare professional. Doctor Today may, if applicable, collect from the User and/or his/her insurance company any additional fees due to the healthcare professional. Such additional sums may be charged by Doctor Today by using the same payment details provided by User or his/her insurance company for payment of the initially booked Medical Service. Any dispute regarding the fees will be managed with objectivity and will take into consideration both the User and the healthcare professional report of the facts.
- g) the currencies in which the Healthcare Professional Fees are quoted, and the acceptable payment methods, shall be as specified on the Platform. Doctor Today may, from time to time, and without specific notice to Users, add additional payment methods to the then-current payment methods, or cease to use previously supported payment methods. By using one or more payment methods, the User represents and warrants to be lawfully permitted to use the selected payment method in connection with the Medical Service and the Medical Service Booking. Doctor Today may require additional information from the User before completing payment transactions.
- h) upon creation of the Account and any Medical Service Booking, the User shall inform Doctor Today about any payment-relevant arrangements with his/her insurance company (if any) and may choose whether to let Doctor Today keep the billing information (if applicable) provided for Doctor Today’s future usage, in connection with any additional Medical Services that the User may decide to obtain through the Platform. User billing information will be kept secure and used only for payment for additional Medical Services ordered by the User, as indicated by usage of his/her Credentials. The User shall verify that his/her billing information is current, complete and accurate and shall notify Doctor Today in case of any change in such billing information which User asked Doctor Today to retain.
- i) all User’s payment obligations (if any) are non-cancellable and all Healthcare Professional Fees received by Doctor Today are non-refundable, except as expressly provided under clause 7 below. If User terminates his/her Account or terminates using the Platform or does not show up to the location where the Medical Service shall be provided for any reason whatsoever, or fails to respond to the Healthcare Practitioner or to make herself/himself available at the agreed time for a house call appointment, or telemedicine consultation, the User shall not be entitled to any refund for the Healthcare Professional Fees paid to Doctor Today.
5.5 In addition to the free booking services made available through the Platform, Doctor Today may also offer the User the possibility to subscribe to additional paying services at will. Additional service fees will be communicated in advance.
5.6 The user acknowledges that the Platform is a private fee-for-service and that it cannot be used to book or pay for services provided by the public National Health System.
6.Booking cancellation Policy
6.1 User may change or cancel any Medical Service Booking at no charge within 24 (twenty four) hours from the time of such booked appointment. Transaction fees, if any, will be deducted from the refunded amount. Any unexpected delay shall be communicated to Doctor Today and, if possible, the appointment will be rescheduled; if not possible, Doctor Today will not refund to the User the Healthcare Professional Fees paid through the Platform.
6.2 Any change or cancellation communicated to Doctor Today following the deadline under preceding paragraph 6.1 will be subject to the full withholding of the total Healthcare Professional Fees charged to the User with respect to the Medical Service Booking.
6.3 To change or cancel a Medical Service Booking, User shall send an email with Medical Service Booking and User details to [email protected]
6.4 If the healthcare professional cancels the appointment after the User has booked a Medical Service, or fails to show-up for the appointment within 2 hours of the scheduled appointment time, Doctor Today will not be held liable for any canceled or otherwise unfulfilled appointments. However, Doctor Today will offer the User an alternative appointment or will refund the User, upon request.
6.5 Doctor Today will in no case be held responsible for delays caused by healthcare professionals at the confirmed time for the Medical Service and no reimbursement will be due in this case.
7.1. Telemedicine involves the use of electronic communications to allow healthcare professionals to provide their own professional advice to patients located remotely. Healthcare professionals can be doctors of general medicine, specialists and / or subspecialists, or other authorized healthcare professionals. The information can be used for diagnosis, therapy, follow-up and / or training and can be transmitted through live two-way audio and video, chat and include medical records or data from electronic medical devices.
7.2. The communication systems used will include reasonable security protocols to protect the confidentiality of Users’ information and will include reasonable measures to safeguard data and ensure its integrity against intentional or unintentional corruption.
7.3. The User acknowledges that telemedicine services cannot replace an in-person medical examination and that the use of telemedicine systems involves risks, including, by way of example and not exhaustively:
- a) delays in medical evaluation and consultation or treatment that may occur due to malfunction or failures of the data transmission and communication systems.
- b) violations of the privacy of personal medical information if the security protocols fail or are not sufficient.
- c) adverse drug interactions or allergic reactions or other adverse outcomes resulting from the lack of access by the healthcare professional to complete medical documentation.
7.4. The User understands that telemedicine may involve the electronic communication of his medical or personal information with a healthcare professional who may be located in other areas, even out of state.
7.5. The User acknowledges that in order to benefit from the telemedicine service through the Platform, an adequate knowledge of the technical requirements is indispensable for the functioning of the video chat system used by Platform and understands that without complying with the minimum requirements telemedicine might not work. Doctor Today will not provide a reimbursement to the User who has not verified that they fulfill the minimum requirements for access to the telemedicine appointment.
7.6. In case of access or connection difficulties, Doctor Today will assist the User by providing manuals, instructions, or remote technical assistance to resolve any problems encountered.
8.Intellectual property rights – IP Property
8.1 The text, graphics, images, logos, trademarks, icons, software and any other material on the Platform (hereinafter the “IP Property”) enjoy legal protection under laws and regulations on intellectual and industrial property, both Italian and international. Unauthorized use of the IP Property may therefore constitute a violation of intellectual property law.
8.2 The User cannot sell, modify, reproduce, elaborate, display, use publicly, distribute, create derivative works or otherwise use the IP Property in any other way, for commercial or any other purpose. The User also undertakes not to exploit the services offered on the Platform or access to it for commercial purposes.
8.3 No copy or modification of the code (e.g. HTML code), created by Doctor Today for the creation of the Platform is permitted. The code itself is protected by Doctor Today copyright.
8.4 The User shall refrain from trying to gain unauthorized access to any part or functionality of the Platform, or to other systems or networks connected to it, by hacking, password interception or any other illegal means.
8.5 It is forbidden to test or examine the vulnerability of the Platform or any network connected to it; to breach its security or authentication measures; to trace or try to trace the origin of information relating to any User or visitor of the Platform; to exploit the Platform or the services and information made available or offered through it in order to disclose any information relating to third parties, including without limitation any personal identification data; to perform any reverse engineering activity for creating and exploiting any new software and/or product and/or work and/or service.
9.User’s personal data
10.Links to other websites
9.1 The Platform may contain links to other websites. Doctor Today will never be responsible for the contents of these sites and gives no warranty as to the correctness, truthfulness and accuracy of their contents. The use by the User of such websites is subject to the terms and conditions governing the same.
DOCTOR TODAY DOES NOT PROMISE THAT THE WEBSITE OR ANY CONTENT, SERVICE OR FEATURE OF THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. THE USER ASSUMES TOTAL RESPONSIBILITY FOR THE USE OF THE SITE AND ANY LINKED SITES. THE USER’S SOLE REMEDY AGAINST DOCTOR TODAY FOR DISSATISFACTION WITH THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Doctor Today reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Website, or any portion of the Website, for any reason; (2) to modify or change the Website, or any portion of the Website, and any applicable policies or terms; and (3) to interrupt the operation of the Website, or any portion of the Website, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
12.1. The use of the Platform by healthcare professionals and Users is at their own risk. The Platform and the services connected to it are provided as they are (“AS IS”) without warranties of any kind, expressed or implied. Doctor Today does not guarantee the adequacy, updating, accuracy or results expected or probable, or the completeness of the services and information made available through the Platform or of any third-party sites connected to the Platform, nor that the functions provided will be uninterrupted, virus-free or error-free. Doctor Today expressly disclaims any liability for any errors or omissions in the content included on the Platform or in any third party site linked to Platform. Some jurisdictions may not allow the exclusion of warranties, therefore some of the above exclusions may not apply.
12.2. In no event will Doctor Today, its affiliates, subsidiaries, subsidiaries, licensees, suppliers and theirs directors, officers, subcontractors, employees, agents and assigns will be responsible for any direct or indirect damages, loss of profits or other damages resulting from the use of the Platform, or from interruptions in the availability of the Platform, delays in the operation or transmission of data, computer viruses, data loss, misuse, manipulation or other use of any kind of the Platform or the data collected, even in the event of a warning regarding the possibility of such damage or loss.
12.3. Parts of the Platform use third party copyrighted software and materials, including:
Copyright (c) Agora.io 2022
Use is subject to these conditions: the software is provided as is (“AS IS”), without any representation or warranty, express or implied, including without limitation the warranties of marketability, compliance with requirements, suitability of use and non-infringement. In no case the authors or holders of intellectual property rights will be held liable for direct damages or indirect in connection with the use of the software.
13.Applicable law and jurisdiction