Terms and conditions of use of the website doctorsinitaly.com and the mobile application Doctors in Italy

 

1.Introduction

 

1.1 Doctor Today S.r.l.  (“Doctor Today”) is the developer and owner of the website www.doctorsinitaly.com (theWebsite“) and the mobile application Doctors in Italy (the “App” and, jointly with the Website, the “Platform”).

1.2 You must agree to the following terms and conditions of use (hereinafter the “Terms of Use“) as a condition to use the Platform and make Requests of Assistance (as defined below) and booking the Services (as defined below) through the Platform. Please read these Terms of Use carefully, as they will, together with our privacy policy published on www.doctorsinitaly.com/privacy-policy, which is incorporated herein by reference (hereinafter the “Privacy Policy“), constitute a legal and binding agreement between you (the “User”) and Doctor Today upon their acceptance as set forth below.

1.3 Please be aware that if you create an Account (as defined below) or use the Platform on behalf of an individual other than yourself, you represent that you are authorized by such individual or entity to accept these Terms of Use on such individual’s or entity’s behalf.

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.

1.5 By clicking the “I accept” button, you agree and signify that you have read and understood these Terms of Use. If you do not agree to any of the terms and conditions of this document – do not click on the “I accept” button and do not use the Platform. Your usage of the Platform will be deemed as acceptance of these Terms of Use.

1.6 Doctor Today reserves the right to change these Terms of Use at any time at its sole discretion hence we urge you to check from time to time to see if we have updated these Terms of Use. The most updated version of these Terms of Use is always available at www.doctorsinitaly.com/terms-and-conditions. If you do not agree to, or cannot comply with, the terms & conditions as amended, you shall stop using the Platform. You will be deemed to have accepted the Terms of Use as amended if you continue to use the Platform.

2.Scope of the services provided through the Platform

2.1 The Platform is a multi-sided platform that connects Users with healthcare professionals who are members of the association “Doctors in Italy” (the “Association”) or other partner institutions, are certified to speak English and adhere to the ethical code and statute of the Association (the “Healthcare Professionals”). The Platform acquires the requests from Users who intend to take an appointment for home visit, office or hospital consultation, diagnostic procedure, or other health care assistance service with a Healthcare Professional and transmits them through a proprietary mobile application to Healthcare Professionals in the relevant fields of specialization. The Platform may also make available for Users certain information related to such other healthcare professionals and services (e.g. labs and pharmacies) which are not members of the Association and which is 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 Platform and the Users receive a list of possible appointments for home visit, office or hospital consultation, diagnostic procedure, or other health care assistance service (the “Medical Services”). The User chooses the preferred option, books and pays online through the Platform.

 

3.Booking Process

 

3.1 Request 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 is available Monday to Friday 9:00 a.m. – 8:00 p.m., online booking and chat support is available 24/7 with an automated responder.

3.2 Management of the Request for Assistance

3.2.1 The Request for Assistance will be managed as follows:

a) a team of schedulers, or an automated system, receives the Request for Assistance and manages the request by forwarding it to the Healthcare Professionals;

b) the Request for Assistance is then sent, through a dedicated proprietary mobile application, to all the available and suitable Healthcare Professionals in the area, preliminarily selected by Doctors Today based on the location and medical need as expressed by the User in the Request for Assistance as well as, inter alia, on the ratings, recommendations and/or feedback given by other Users and other logistic information;

c) Healthcare Professionals will confirm through the dedicated app their availability to assist the user, the cost of the consultation and the type of assistance (house call, office appointment or hospital appointment);

d) User will receive via email (or by sms or other means) a link to a web page with the list of all the available appointments with Healthcare Professionals. The list will contain name, time of appointment, type of consultation offered (house call, office or hospital appointment), and the cost of the consultation set by each Healthcare Professional;

e) User will choose the preferred option, pay online using the selected method of payment (credit card or other method approved by Doctors Today) and complete 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 means that User has provided when sending the request;

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) User may inform Doctors 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) the preliminary selection among the Healthcare Professionals, made case by case by Doctor Today following the receipt of a Request for Assistance and aimed at proposing the User a list of suitable Healthcare Professionals, does not entail any obligation of 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;

b) Healthcare Professionals do not pay any fee to be listed on the Platform; they join the Platform on a voluntary base and are vetted and selected by the Association. A healthcare professional that does not meet the criteria for inclusion, cannot pay to be included in the Association. This allows Doctor Today to maintain high professional and ethical standards, in the service of English-speaking patients. For more information on the selection process of Healthcare Professionals, visit www.doctorsinitaly.org;

c) Information included in Healthcare Professionals’ profiles (such as certifications, experience, geographical location and healthcare specialty) is based on information that the same Healthcare Professionals make available to Doctor Today or publicly on internet websites;

d) Doctor Today only offers Users the possibility to book a home visit, office or hospital consultation; it carries out a service aimed at matching the user’s request for medical services and the Healthcare Professionals who offer these services and adhere to the Platform;

e) Doctor Today does not handle cases of medical emergencies and for any emergency medical assistance User shall go directly to the nearest hospital emergency room;

f) Doctor Today does neither carry out any type of medical activity, nor is involved in any way in the consultation phase following the Medical Service booking and, therefore, is not in any way involved in the performance of the Medical Service booked through the Platform (including, only by way of example, any treatment decision adopted by the Healthcare Professional) and in the relevant invoicing activity. 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;

g) 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;

h) 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;

i) 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

4.1 To benefit from the services that Doctor Today makes available through the Platform, User shall register to the Platform and create a user account (the “Account“) by filling out an on-line registration form and provide certain basic information about him/herself, which User authorizes Doctors Today to use and disclose as described in the Privacy Policy.

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 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 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. 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. 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 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.

4.7 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 home visit, office or hospital consultation. Either when creating the Account and when booking any Medical Service, User shall provide true, correct, up-to-date and complete information. 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.

4.8 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.

4.9 Users are expressely forbidden from adding incomplete, false or imprecise information; deleting or modifying any material contained in the Platform; using any device, software, formula, or routine that may interfer with the correct functioning of the Platform; overload excessively an 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.

4.10 The User undertakes to indemnify and hold Doctor Today harmless in relation to any loss, cost or prejudice of any kind deriving to it, also from any claim and/or request of any third party, in connection with any breach by the User of any of its obligation under preceding paragraph 4.7.

 

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 showed 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 By signing this agreement, User acknowledges and accepts that:

5.5 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;

5.6 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.

5.7 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 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 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. 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.

5.8 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 User selected method of payment (credit card or other method approved by Doctor Today).

5.9 Should payment through insurance be agreed upon and accepted by User, Healthcare Professional and Doctor Today, 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 secure payment options. Should User’s insurance deny coverage of the booked Medical Services, 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.

5.10 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, User is expected to cover these expenses paying directly the Healthcare Professional. Doctor Today may, if applicable, collect from 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.

5.11 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 User, 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, 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 User before completing payment transactions.

5.12 Upon creation of the Account and any Medical Service Booking, 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. 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.

5.13 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 6 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, User shall not be entitled to any refund for the Healthcare Professional Fees paid to Doctor Today.

5.14 Payment methods are processed and handled through (i) User insurance company, and/or (ii) relevant third party payment processors, such as PayPal, credit cards and the like. Payment methods are therefore subject not only to these Terms of Use, but also the terms and conditions of such third parties.

5.15 In addition from 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.

 

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, Doctor Today will not be held liable for any cancelled or otherwise unfulfilled appointments. However, Doctor Today will offer the User an alternative appointment or will refund the User, upon request.

 

7.Intellectual property rights – IP Property

7.1 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.

7.2 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.

7.3 No copy or modification of the HTML code, created by Doctor Today for the creation of the Platform is permitted. The code itself is protected by Doctor Today copyright.

7.4 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.

7.5 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.

 

8.User’s personal data

8.1 All the personal data that will be provided by the User upon creation of the Account and for any Medical Service Booking (hereinafter the “Personal Data”) will be processed by Doctors Today in compliance with EU Regulation no. 2016/679 and the Privacy Policy, which can be read in full at this link: https://www.doctorsinitaly.com/privacy-policy/

8.2 The Personal Data will not be disclosed. However, Doctor Today reserves the right to disclose User’s Personal Data as required by applicable law and when disclosure is required to protect Doctor Today’s rights and/or to comply with any judicial decision or request from any other competent authority.

9.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.

 

10.Applicable law and jurisdiction

10.1 These Terms of Use are governed by Italian law.

10.2 Any disputes arising from these Terms of Use will be referred to the exclusive jurisdiction of the Court of Rome.