I. IN GENERAL
Through the Application, the Platform under the trade name Doctor Next 2Me (hereinafter referred to as the "Platform") is available to a) Travellers, b) Doctors, Medical & Diagnostic Centers and Clinics (hereinafter referred to as "Primary and Secondary Health Care Institutions" or “Health Care Entities” and c) Insurance Companies or Assistance Provision Companies for the management of Insurance Claims (hereinafter referred to as "Insurance Companies" or "Insurance Entities"), which will be able to download the Application, shall be registered by creating a an Account (hereinafter referred to as the "Registered Members"), and will be able to use it for the provision and demand of primary and secondary health and health care services with regard to medical incidents declared in the Application (hereinafter referred to as the "Incidents") and the settlement of any insurance coverage concerning incidents which were treated and received healthcare and insurance settlement services through the Application (hereinafter referred to as the "Service"). In addition to that, the Service functions as a research facility for Health Care Entities but at the same time it is designed so as to deal with urgent medical incidents that Travellers might encounter while residing abroad in a foreign country, by indicating to the Travellers the Health Care Entities in proximity.
(a) Travellers and Users may seek medical treatment through the Service from dozens of selected Health Care Entities who are Registered Members in the Service,
(b) The Care Entities may promote their services and have access to dozens of incidents in proximity, notified to them through the Platform, providing primary and secondary health care services; and
(c) Insurance Entities – Registered Members may undertake the coverage of insurance indemnities to their clients - Travellers / Users who received medical treatment through the Service.
The following General Terms set forth the terms and conditions under which the Company provides the Service to Registered Members using the Service and constitute the legally binding terms and conditions between the Company and its Registered Members in the Service with respect to its use and apply whenever the Traveller, the Doctor and any natural or legal person on behalf of the Health Care Entity or the Insurance Entity (hereinafter referred to as the "User" or the "Authorised User" ), accesses the Application, navigates the Platform, and / or make use of the Service, including any software, services, features, functions, content, websites and hyperlinks and / or any other applications provided from time to time by the Company in conjunction with the Application, the Platform and the Service.
By accessing and navigating the Platform and / or by registering as a Member and / or by using the DN2ME Service, you warrant and acknowledge that you reviewed, understood and accept these General Terms (including the Personal Data Protection Policy & Cookies and the Acceptable Use Policy) unconditionally and without any prejudice and that you are bound by them.
In case the User disagrees with any term and / or all of them, he / she should not use any of the DN2ME services provided through the Application and the Platform and should not to register to the Platform nor use the Service. By downloading, installing or using the Application, and / or by registering as a Member to the Platform or using the Service, the User indicates that he/she unconditionally accepts these General Terms and that he/she agrees to abide by them, while whenever the User enters the Platform and makes use of the Service, re-affirms his/her agreement with DN2ME under these specific General Terms.
BY ACCEPTING THESE TERMS IN ACCORDANCE WITH THE ABOVEMENTIONED THE USERS (AS WELL AS THE AUTHORISED USERS) EXPRESSLY AND UNCONDITIONALLY DECLARE THAT THEY HAVE THE LAWFUL AGE WHICH ALLOWS THEM THE BINDING TO THESE GENERAL TERMS WITH CONNECTION TO THE USE OF THE APPLICATION AND THE SERVICE AND THAT THEY ACT LAWFULLY AND HAVE OBTAINED ALL THE NECESSARY APPROVALS AND LICENSES FOR THEIR REGISTRATION IN THE PLATFORM AND THE USE OF THE SERVICE.
By registering and using the Service, Members-Users agree that any claim of theirs against any third party or/and any Member / User with regard to any actions and / or omissions is limited to those persons and no liability is attributed to DN2ME for the actions / omissions of the said persons.
II. REGISTRATION AND USE OF THE SERVICE
A. MEMBERS’ REGISTRATION
2. Member Registration Procedure
2.1 Traveller Registration
2.2 Doctor Registration
The Doctor’s registration to the Platform and the creation of an Account is a prerequisite for the use of the Service on his/her behalf. In order o create an Account (Profile), the Doctor simply completes the following personal data: Firstly, an email, a username, and a password. These data is collected by the Company in the context of its legitimate interest in recognising the users of the Service as well as the security of the transactions of the Users themselves. Then the Doctor should enter his / her name and surname, a mobile telephone number so that the Travellers can contact him/her, the foreign languages that he/she speaks, since the Service regards Travellers from different countries, a medical specialty and a number of registration in the competent Medical Association, as well as pricing and payment information (Tax Identification Number, bank or Paypal account). In addition, the Doctor may also create his / her Profile through his / her Account and therefore, if he / she wishes, can voluntarily declare the graduation date, the University from which he graduated, the year he/she acquired the medical specialisation, the entity in which he / she works, information regarding the staff of his / her medical practice, and in particular his address, a landline telephone number, working days and hours, information necessary for the available appointments to which the Traveller-Patient can have access, as well as information about the Doctor’s medical equipment, which may be selected from the Platform list together with additional information regarding his / her relationship with the insurance policy and especially if he/she is contracted with any insurance companies and / or any public funds. The Doctor also states whether he /she is interested in emergency medical incidents, whether he/she is willing to visit the patient at his /her place or the patient should visit him /her at his own clinic or/and all the above mentioned.
2.3 Insurance Company Registration
In order to register and create an Account in the Platform, the Insurance Company should provide the following data: corporate name, distinctive title, Tax Identification Number, address, country, contact details (email, fax, manager and accounting’s information)Furthermore the said company may declare the foreign languages that are spoken by the Incidents’ Handling Department and the Accounting of the company, as well as the opening hours during which it may be contacted. The Insurance Company may also fill in the contact details (name, telephone number, email address), which are kept only in the Company for communication purposes regarding the Incidents and the Service in general. Finally the Insurance Company may state the invoicing data necessary for the issue of invoices by the Health Care Entities. At this point the application for the creation of the Account is submitted to the Company Once the application has been approved, the Company creates two accounts for each Insurance Company (one for the Administrator and one for the Incidents Administrator).
B. USE OF THE SERVICE
1. Description of the Service
1.1 The Service is primarily concerns Travellers who, during their journey, face an urgent health problem and seek medical doctors and general health care in a foreign country. The Company by providing the Service aims to find a Doctor and in general a Medical care entity, located in the closest possible proximity to the Traveller. By using the Service, the Traveller / User has the opportunity to call directly the Specialist Doctor that interests him/her in to come to the place where he / she is located. For this reason, it is important that the Traveller gives his / her consent to the Application to locate his / her location. If he /she selects the Doctor's arrival at the place he/she is located, by clicking a button, the Traveller has the opportunity to see all the available Doctors who are specialised in the medical field he has selected (and who in turn have declared that they wish to receive from the Platform notifications for a immediate transportation to the place where the Traveller is located), either in a list or map format -in both cases the available Doctors are displayed on the basis of the distance they have from the place where the Patient-Traveller is located, i.e. the Doctor who is located within the closest distance is displayed prior to the one who is located in the more remote one. The Traveller can be also informed on the estimated time that each Doctor will arrive at his / her place (as long as the Traveller has given his consent to be detected via a geolocation system) and, of course, he/she is able to gain access to the Doctor’s full profile.
1.2 It should be noted that the Doctor's geolocation is defined based on his / her current every time position and not on the basis of the address he / she has stated to the Service upon his / her registration in order to receive visits. This information has been voluntarily stated by the Doctor upon registration to the Service and has given his / her consent for them to appear in search by the Travellers. After selecting the Doctor of his / her choice, the Traveller may also leave him / her an audio, video or written message, providing him / her with a description of the Incident, or he / she may directly call the Doctor using the contact details shown on the Doctor’s tab.
1.3 Simultaneously, the Platform sends to the Insurance Company the necessary data (insurance contract data, name of the insured Traveller and country in which the Traveller is located at the time he/she uses the Service) in order for the latter to ascertain the existence or not of a valid insurance contract. As soon as the existence of a valid insurance contract is confirmed, the Traveller's message to the Doctor, describing the Incident, is consequently sent to the Insurance Entity, in order for the latter to examine whether it could cover the Incident. As long as the Incident falls within the Insurance Company’s insurance coverage, then it (i.e. the Insurance Company) notifies the Application.
1.4 The Doctor will visit the Patient Traveller provided that he / she receives a notification from the Company following the approval of the Incident by the Insurance Company. Once the Doctor has received the confirmation by DN2ME, he /she may get to the Traveller’s place, who through the Services's geolocation system is able to see how far away the Doctor is from his/her location. At each stage of this procedure the Traveller can communicate by phone with the Doctor on his mobile phone as well as with DN2ME via Live Chat if necessary.
1.5 If the Incident is rejected on any ground by the Insurance Company, a message will be displayed on the Traveller's screen, notifying him / her that his /her request has been rejected, allowing him / her to use his / her (credit, debit etc.) card at a specific charge that will be displayed on the screen, depending on the relevant medical service. Upon acceptance of the card’s charge by the Traveller, the Doctor is notified by the Application, so he / she can visit the Patient.
1.6 As soon as the Doctor arrives at the place where the Traveller who called him /her is located, he /she provides the services of primary health care. Once the Doctor completes his / her services, he / she fills in all the necessary data in the relevant medical report by dictating or typing of a text (including symptoms, referral to be treated by a specialised doctor, further medical examinations or hospitalisation, etc.) All these data are being uploaded on the Platform and following that the Company sends them to the Traveller by email and as well as to the Insurance Company for approval.
1.7 In case the Doctor holds that Traveller needs to undergo further testing by another specialist, the Traveller has the option to make an appointment with a specialist of another medical specialty. To this end, it is possible to search for a Doctor either on the basis of their immediate availability or on the basis of the medical specialty, or based of the location the doctor is situated with connection to the location of the Traveller, or even on the basis of availability of appointments. Once the Traveller enters the Doctor's tab, he selects the date and time of his choice from the calendar. The calendar displays the dates and times that the Doctor is available. For making an appointment, the Traveller submits to the Service the desired date and time of the visit based on the Doctor’s availability, which is sent to the Doctor, for approval, as well as to the Insurance Company, in case the Traveller has declared it, in order for in (i.e. the Insurance Company) to proceed with all necessary approvals. Once the appointment has been approved by the Doctor, a notification is sent to the Traveller, is added to his personal calendar in the Application and is sent to him by email with all the details of the practice /clinic. In addition, the date and time of appointment are sent to the doctor. Both Traveller and Doctor can cancel the appointment and the other party is automatically informed.
1.8 In case the Doctor does not appear at the place where the Patient - Traveller who called is located or at an appointment booked through the Application, for more than three (3) times, the Company has the right to exclude the Doctor from the Service.
1.9 The Company does not promote, approve or suggest Doctors registered in the Application and / or the medical services provided by them. The Application is not and should not be considered as a means of suggesting or approving the expertise, the level of services of any Doctor available on the Platform and / or of the medical service provided by the Doctors of the Platform. The photographs and texts accompanying doctors and the medical services are solely provided by them for identifying purpose and at no rate they are or could be considered as a suggestion made by the Company.
1.10 The order in which doctors and the medical services provided by them are displayed on the Platform is automatically and unilaterally determined by the Company based on their geographical location in relation to that of the Traveller who calls the Doctors of the Platform. In particular, the order of display is based solely by their distance in relation to the Patient-Traveller’s location and consequently at a first level they appear on the basis of the kilometric distance from the Traveller's location and at second level in alphabetical order. In case, however, that the User has put filters in the search for a Doctor based on the Medical Specialty, then the Platform displays the closest Doctors of the specialty selected by the Patient-Traveller. The Company reserves the right to unilaterally modify the way the Doctors are displayed, by posting a relevant notification on the Platform, as defined in these General Terms with regard to their amendment.
2. The Insurance Coverage
2.1 When Incident is declared via the Platform, which also contains a reference to a specific Insurance Company, a notification shall be sent to the Insurance Company to which the details of the insurance contract, the full name and the country where the Traveller who has declared the Incident in the Application is located, are sent, mainly for identification purposes as well as for confirming the existence of an insurance contract. The Insurance Company should inform on whether the insurance contract declared by the Traveller is valid or not, immediately and within five (5) minutes. Then the data of the Incident are transmitted, so that the Insurance Company examines this time whether it can cover the Incident and consequently it informs the Application within 5 minutes accordingly.
2.2 In case the Incident requires further medical examinations, the Insurance Company shall be re-notified with the list of medical examinations or the referral to a hospital or a specialist Doctor in order to take the necessary steps to approve or not the additional medical actions. In case the incident is accepted by the Insurance Company, the Application as well as the Special Medical Practitioner or the selected medical centre are being notified accordingly.
3. Fees - Payments - Invoices
3.1 In the event that the Traveller is not insured or on any ground the Insurance Entity does not accept the request for approval of the Incident, etc., the Company will charge for its medical services and in general for the provision of health care services by the Health Care Entities by charging the Traveller’s (credit or debit etc.) card or his/her PayPal account, depending on the information provided by the Traveller to the Platform, upon registration. At any rate before any charge takes place, a relevant message-notification will be displayed on the Traveller's mobile screen, indicating the cost of the medical treatment he/she has selected and requesting his/her consent to proceed with the respective charges. If he Traveller does not accept the cost of the medical service, then he/she will not be able to use further the Service.
3.2 In addition, if the Traveller does not approve of the cost, in accordance with the above mentioned, a notification will be sent to the Doctor informing him/her not to set off for the Incident location nor to carry out any selected medical service.
3.3 The cost for each Medical Service is specific, fixed and cannot change by the Members’ free will.
3.4 Although the Company has taken all necessary technical and practical measures to ensure the accuracy and correctness of the prices given for each medical service / examination, there is a possibility of an incorrect pricing of one or more medical services / medical examinations, selected by Travellers due to a technical error. Upon the Traveller’s selection of a medical service and before the Company receives the respective payment, we will check the prices of the medical services selected. If any error is found in the price of a medical service selected by the Traveller, the Company will contact him/her as soon as possible and in any case before sending the notification to the Doctor regarding the acceptance of the Incident. It is at the `Traveller’s sole discretion to proceed with accepting the medical service at the correct price, or to cancel it. If we are unable to contact you, we will consider the selection of the said medical service as cancelled.
3.5 The prices listed in the Medical Services include VAT and are considered final. The listed prices do not include bookings or any deductions provided for by tax or other legislation. In addition, the listed prices do not include and therefore the Traveller will be charged with the costs or charges required in the event of a bank transaction or the use of PayPal. These costs can not be calculated in advance as they are determined by the pricing policy of banks or other credit and payment institutions.
3.6 The Platform provides the Patient / Doctor search service free of charge. It is expressly agreed that the Doctor will receive a fee of up to € 70.00 per primary patient examination for which he was summoned.
3.7 The Company will provide on a
• Support for the issue of the official tax element, i.e. the Doctor's Medical Services Provision Invoice for the Insurance Company or the Medical Services Provision Receipt for the patient, through the Platform. Subsequently, the tax element will be submitted through the Platform to the Insurance Entity for payment of the medical fee directly to the Doctor's professional bank account which he/she has indicated upon his/her registration and has been forwarded by the Platform to the Insurance Entity for this purpose.
• Administrative support with regard to the implementation of all bureaucratic procedures and transmission of any documents in order for the Insurance Company to compensate for the medical services provided This also includes the medical report.
3.8 The Company reserves the right to freely modify the prices of the Medical Services, to amend and / or withdraw any Medical Service as well as to choose any discounts or offers at any time with or without prior notification of the Members of the Service who will be informed on the applicable price by a relevant notification post on the Platform. In case that a Member does not wish to continue co-operating with the Company, due to a change of the pricing policy, he/she may request to be deleted from the Application, together with the deactivation of its Account.
3.9 At times, special discounts may apply to our prices or we may offer promotional or discount coupons that will apply to specific Medical Services. The conditions of use of any coupon or promotional code will be determined at the time of their issue and will clearly indicate the expiration date. The Company reserves the right to withdraw any offer, discount coupon or promotional code at any time unilaterally.
3.10 In cases where the Insurance Company accepts the Incident, the Company will forward to it the invoices issued by the Doctor in order for it (i.e. the Insurance Company) to issue the requested respective invoice for the payment of the insurance compensation.
3.11 For the provision of its Services the Company will be reimbursed with an amount of € 22.89 plus the relevant VAT per primary patient examination case. The provision of services by the Company with regard to a visit to the Special Doctor’s Practice will be reimbursed with an amount of € 12.66 plus the applicable VAT per Incident. The charge will be made by issuing a relevant services provision Invoice by the Company for the Doctor. The above remuneration does not include any commission applied by the credit institution.
3.12 The doctor will collect
his/her remuneration from the insurance
company or the uninsured patient, following a deduction of (i.e.
• the cost of the services provided by the Company as defined in the previous paragraph
• the amount of the bank commission, as applicable, calculated as a percentage of the medical fee received
3.13 The payment of the Doctor's
remuneration shall be made:
• either directly from the insurance company within a time period of thirty (30) days from the provision of the medical service and the definitive transmission of the medical report and any supporting documents.
• or directly from the uninsured patient within a time period of three (3) working days with the provision of the medical service and the definitive transmission of the medical report and any supporting documents.
3.14 Cancellation & Refund policy:
Patient-Traveller cannot proceed with any cancellation of the Service after the medical report has been issued.
Patient-Traveller is charged only upon issuance of the medical report. Any fees paid are not returned pursuant to the issuance of a final/definitive medical report.
Recognizing the importance of electronic payment security, EveryPay is a licensed Payment Institution by the Bank of Greece (Decision No. 280/3 / 23-7-2018 GG B 3010 / 25-7-2018), and manages securely card payment transactions, in accordance with the regulatory framework of the card transaction security management standard. Everypay is certified in accordance with the PCI DSS compliance standards. All Everypay services are made through secure connections with 256bit SSL certificates. EveryPay also supports the ability to use the 3D Secure service, an additional security token for VISA & MasterCard. The Payer then has to enter his personal secret code to complete the transaction successfully.
4. The Application as an administration tool
Apart from the Service, the Company provides to the Registered Members the Application as an administration tool through which they can access information and data they have handled, submitted and processed through the Application for even Incident. The use of the DN2ME tool should be done in accordance with the Acceptable Use Policy, which the Members unconditionally accept upon registering. Apart from the Service and the administration tool the Company provides to the Registered Members archiving services and services for the retention and maintenance of their data and information that have been generated from the use of the Application for as long as these Members have an active Account in the Application. In the event that a Member opts for the deletion of his/her Account, the Company ceases to retain his/her data and has no liability for any losses, since the former Member bears the obligation to securely keep the data and information connected to the use of the Service and the Application. In particular, or each Member the administration tool provides the following features:
4.1 For the Travellers
Through the Application Menu, the Traveller can see his/her profile, which includes: personal data (such as Account information, i.e. full name, mobile telephone number, email and postal address) and through the Account the Traveller can also update his/her data, the background of his/her Incidents in the Application, a such as how many times it has been used, which doctors treated him/her, where, when and at which cost, the medical background for each Incident and the medical services received for each Incident, the medical appointments booked through the Service, the payments he/she has made (which Insurance Company, when and for what amount) and the reviews he/she has made.
4.2 For the Doctors
By creating an Account, the Doctor has the right to access and use the DN2ME Administration Tool, which enables the Doctor to manage the patients’ list, the appointments (update, cancellation, confirmation), the profile (e.g. addition, removal, update), Incidents treated through the Application (e.g. full name, date, location, patient’s data that has been recorded, medical report, payment method, etc.)
4.3 For the Insurance Companies
By creating an Account, the Insurance Companies gain access and use of the DN2ME Administration tool, which enables Insurance Companies to look into the Facts and search for them on the basis of their current state (e.g., which ones have been already treated, which ones are pending and which ones have been rejected). In addition, the Insurance Company can search for incidents on the basis of the country they occurred, etc. For each incident the Insurance Company canoe informed on the patient’s full name, the amount of time up to its treatment and other information. In the tab of each incident, the Insurance Company can also be informed on the insurance contract, the medical background, the data that the Traveller sends and which relate to passport data, Traffic Police Reports in the event of an accident, etc. Moreover, statistics regarding the number of incidents the Insurance Company has approved, rejected or are pending, financial data resulting from the reimbursements it has covered, the number of registered doctors, the number of registered Travellers, the response time and demographic data are also are available to the Insurance Company.
V. LEGAL STATUS OF DN2ME
1. In General
DN2ME activity’s object is to facilitate:
(a) the Travellers in order to
receive primary and secondary health
care by selecting a Doctor and Diagnostic Clinic of their choice and
to settle the affairs concerning the insurance compensation in order
to pay Doctors and Clinics,
(b) the Health Care Entities in order to promote their Services in a wide range and to have access to the Incidents occurring in proximity, as well as to price their services and be reimbursed for them; and
(c) the Insurance Companies in order to gain access to a large network of affiliates for their clients at a controlled cost without overcharging in a simple, quick and automated way to settle payments to Health Care Entities providing Health Caew Services to Travellers who hold an insurance contract.
DN2ME does not own nor does it run any Clinical or Diagnostic Centre or Medical Practice and does not itself provide primary nor secondary health care services, nor does it provide guarantees for the quality of health care services provided by the Contracted Health Care Entities to Travellers and vice versa for the certain arrival of the Travellers who make an appointment to the Health Care Entities, through the Application at the date and time stated in the appointment calendar, nor for their morality and conduct. Moreover, DN2ME does not represent any insurance company or Assistance Provision Company for the management of the insurance claims neither does it provide any insurance service.
The Platform constitutes an independent online web tool under the legal form mentioned in detail in the above Sections herein. The Platform does not constitute not can it be considered as a promotional act for the Health Care Entities registered and participating in it nor as a customer engagement mediator and it does not promise them any increase or maintenance of their clientele nor any other relevant benefit.
The Company is not contracted with Doctors by a depended employment relationship or by any other kind of employment, assignment or representation relationship etc. The use of the Platform by no means does it constitute a medical act, nor can it be considered as a substitute of the doctor or of all kinds of advice and health examination provided by Health Care Entities. The Traveller bears responsibility for the selection of the Doctor and the medical specialty, the immediacy by which he/she has decided to handle a Health Incident, the point in time of treatment, the treatment as well as for any further medical act. Therefore, in all cases the Traveller must contact Doctors when, at the discretion of the average person, it is appropriate and necessary under the certain circumstances and not to postpone or avoid visiting a doctor. The Platform is not part of the National Health Care System nor of the Insurance Entities.
Through the Service, the Company provides mediation services:
(a) between Travellers facing a
health issue and Doctors and other
Health Care Entities that Travellers will choose through the Service
for their health treatment,
(b) between Travellers and Insurance Entities with which the Travellers have an insurance contract in force for the coverage of the insurance compensation in respect of the Incidents within the framework of the authorisation given by the Travellers to the Company for such mediation,
(c) between the Insurance Companies and the Health Care Entities for the coverage of the remuneration of the latter by Insurance Companies, in respect of the Incident within the framework of the authorisation given by the Health Care Entities to the Company for such mediation.
In the case that the Traveller makes use of the Service, he/she acknowledges that he / she is entering into a contract to receive the services offered by the Health Care Entity through the Platform, thus consequently this contractual relationship governs and binds only the Traveller with the Health Care Entity of his/her choice, hence the fulfilling of the provision of the medical service and care is sole responsibility of the Traveller and the relevant Health Care Entity. Respectively, the same apply on the relations between Insurance Entities and Travellers as well as Health Care Entities. DN2ME does not, in any case, participate as a party to these contracts nor acquires any rights or obligations arising therefrom. Hence, DN2ME, its agents, representatives, employees, and assistants are not in any way responsible for the risks associated with the conclusion, execution, payment and completion of transactions between Users and Members and bear no responsibility for any damages resulting from such transactions.
2. DN2ME Rights - Obligations
2.1 Definite deactivation (deletion) of a Member’s Account
Save as provided in these General Terms regarding the deactivation (deletion) of a Member's Account, the Company expressly reserves the right to delete the Member's Account in the following cases: a) In case the Member is bankrupt or has applied to be submitted in bankruptcy or liquidation procedures; b) in case the Member, at the Company's absolute discretion, violates the Acceptable Use Policy of the Service, and / or violates any term or provision mentioned herein and / or has committed, at the Company's absolute discretion, a penal or other offence, during the use of the Service and / or causes immediate risk-loss to the Company and / or to any Member and / or for any other important reason referred to herein.
In the above cases, the Account is deleted immediately and automatically, without the Company providing to the Member the right to remove the violation, expressly reserving all its legal rights, including the right to compensation for any damage that may have been suffered by the acts and / or omissions of its Members according to the above mentioned.
2.2 Temporary deactivation (deletion) of a Member’s Account
Save as provided in these General Terms regarding the deactivation (deletion) of a Member's Account, the Company expressly reserves its right at its sole discretion to temporarily deactivate the Account of the Member directly and without any penalty in the event that it considers that the Member has breached or has violated any applicable law (e.g. personal data protection) or has outstanding financial obligations and debt arrears towards the Company and until the Member removes the breach within the time period drawn by the Company, at its sole discretion. In the event of the Member’s non-compliance, the Company may definitively deactivate the Account of the Member, expressly reserving all its lawful rights, including the right for compensation of any damage suffered by the Member's actions and / or omissions in accordance with the above mentioned.
It is expressly agreed that in the event of a permanent or temporary deactivation (deletion) of his / her Account the Member is not entitled to claim compensation of any damage caused by the deactivation of the Service, in accordance with the above provisions, even if the evidence on which the Company was based for the deletion of the Account was incorrect since the Member acknowledges and accepts that the automated means used by the Company to identify any illegal or contract breaching actions of Members are based either on generalised / automated electronic commands of a software program that may include and / or make errors or on complaints by other Members.
It is understood that the Member who has been excluded from the Service is forbidden to re-join the Service by using the same or other data unless the Company gives its relevant express consent. To this end, the Member accepts and gives consent to the Company to maintain his/her personal data in its system in order to be able to identify any subsequent registration attempt.
Any debts of the Member to the Company become immediately due and payable. Any ratings and reviews submitted and received by a Member continue to be displayed even after the loss of membership.
2.3 Termination of the Service’s Function
The Company reserves the right, for technical reasons, maintenance and / or upgrade of the Platform, to discontinue the function of the Service temporarily and at regular intervals. In the event that this interruption lasts more than a reasonable period of time at the absolute discretion of the Company or such interruption has already been scheduled by the Company, the latter will notify its Members by a relevant post on the Platform. It is expressly agreed that Members may not raise any claim against the Company for any loss or damage whatsoever arising out of this reason even if the Company, at its sole discretion, does not give notice of such interruption.
Except as expressly set forth herein, the Company may at any time terminate, change, suspend or discontinue any particular function of the Service, including the availability of the Service itself with or without a notice.
2.4 Provision of Information
The Company, if so requested by a competent prosecution, supervisory, judicial or other Authority, is obliged to transmit the data of the Members, including any personal data provided to the Company in accordance with the present General Terms, as well as their medical data or credit cards data and any other information provided by them without their prior notice or consent, on the grounds of necessary protection measures against risks to state and public security as well as for prosecution reasons, including tax crimes and offences.
3. Limitation of warranties and obligations
The Company always acts in good faith in the context of the law and the present General Terms. Hence it has take all technical and other measures and uses its best endeavours to ensure that (a) the Service operates continuously and properly without any problems, interruptions, delays, errors or mistakes; (b) the technology used by the Company or the Servers, through which the Service is made available to the Users, does not contain viruses or other harmful components, however THE COMPANY DOES NOT PROVIDE ANY RESPECTIVE WARRANTIES for all of the above mentioned.
In addition, the Company does not provide any warranty for (a) the appropriate, effective, and efficient function of the Service with regard to the purpose for which the User uses it; (b) the proper and efficient execution of the Users’ transaction Obligation in respect of each other regarding medical services and their obligations arising from these services; (c) the suitability and effectiveness of health care services.
The Service is provided "as it is and is made available" and in a fully automated manner and does not include the importation by the Company of any element in the Service's system nor any customisations on an ad hoc basis. The Service may in the future be parameterised, at the sole discretion of the Company.
The Company shall take all necessary technical and other measures to ensure that Users comply with the present terms as well as with the applicable legislation, however, as a Provider of Information Society Services, it has no general nor statutory obligation to (a) control the information provided to it, (b) actively seek for facts or circumstances that indicate that a Member has engaged in an unlawful or contract breaching activity while using the Service and / or during the provision of Health Care Services; (c) actively search for the Authorisation granted by the User to its Authorised User nor the legalisation of the Authorised Users in respect of their acts and / or omissions while using the Service on behalf of and in the name of the Users ; (d) control the Users’ adherence to tax legislation, legislation on the protection of personal data, consumer protection, medical legislation or to any other applicable laws and regulations, in the course of transactions and provision between each other.
4. Limitation of Liability
In addition to what is expressly stated herein, the Company has no civil, penal and bears no liability towards the Users, their Affiliates and / or any third party rendering rights whatsoever, in case that any of these persons, during using the Service, suffer any damage, direct or indirect, incidental or damage for loss of profits, business, income, reputation, sales of products and frequency of services’ provision, or any other direct, indirect or repayable, economic or otherwise, loss of profits, due to: (a) delayed or inappropriate sending, transmission, maintenance, retention, downloading of any data, information or /and Content and / or loss and destruction of such data due to mistakes, omissions, malfunctions or dysfunctions of telecommunication Networks, the Internet, the website, Internet Service Providers. (b) Any permanent or temporary disabling of the Service, any termination of the Service or its individual functions, any deletion of a Member’s Account or any technical collision of the Service in accordance with the terms herein. (c) Events, situations, acts, actions and / or omissions by the Company or third parties including the Members for which the Company does not provide any warranties and is not bound by the terms herein. (d) Use by the Users or third parties of users’ data (including any personal data) for purposes other than the use of the Service and the provision of Health Care Services. (e) Infringement of applicable law on the protection of personal data or other applicable legislation which relates, for example, to the use of the Service. (f) Any discrepancy between the time system of the Service and an officially defined time system. (g) Events of force majeure.
In addition to the above mentioned, the following are agreed: Travellers shall sign autonomous contracts with the Health Care Entities for the provision of health services on their sole responsibility. The relevant contracts that may be based on these General Terms are binding only on those who bear sole responsibility for its fulfillment. In no event shall the Company participate as a party to these contracts nor acquire any rights or obligations arising therefrom.
The Company, its Partners and / or Affiliates are in no way responsible for the risks associated with the conclusion, initiation and completion of the above-mentioned contracts between the Patients and the Health Care Entities and shall not be liable in any way for any damages caused within the context of the transactions between them.
By providing the Service, the Company does not become a healthcare provider and therefore has no responsibility or obligation to safeguard the obligations borne by the Members, except as expressly reserved here.
Any complaints or requests related to (products or services offered or provided by Health Care Entities) or special requests by Users should be managed by the Health Care Entities without the intervention of the Company. The Company is not responsible for, and disclaims any liability with regard to Patients’ requests when visiting the Health Care Entities or Patients’ or Health Care Entities claims towards any Insurance Company. The Company may, at its sole discretion, offer a customer support service to a User or act as an intermediary.
At any rate, it is expressly agreed that the Company is liable only for direct damages that result from fraudulence or gross negligence on its part. Subject to mandatory legal provisions, the liability of the Company for direct loss due to slight negligence is expressly excluded, irrespectively of any legal reason. The Company's liability for indirect or consequential damages, irrespectively of any reason, is completely and explicitly excluded.
LIMITATIONS AND RESTRICTIONS SET HEREIN WITH REGARD TO DAMAGE COMPENSATION SHALL APPLY EVEN IF THE PRESENT TERMS AND CONDITIONS ARE NOT MET AND SATISFIED OR EVEN IF THEY ARE CONSIDERED VOID OR UNENFORCEABLE AND THE USER ACKNOWLEDGES THAT THESE LIMITATIONS ARE JUST AND CONSTITUTE THE BASIS OF THIS DOCUMENT AND THAT WITHOUT THEM THE COMPANY WOULD NOT PROCEED.
However, to the extent permitted by law, neither the Company nor any of its employees, directors, agents, affiliates, distributors, online affiliates, franchisees, representatives, or any other persons involved in creating or sponsoring the Company are liable for (a) any criminal, special, indirect or consequential loss or damage, any loss of production, loss of profits, loss of revenue, loss of contract, loss of or damage to clientele or reputation, loss of compensation, (b) any ambiguity regarding the information (description) of the Health Care Entities provided in their Profile, or the information transmitted to the Insurance Companies, (c) the services provided (d) any refusal on the part of the Health Care Entity to provide health care services; (e) any rejection on the part of the Insurance Entity to cover the insurance compensation to the Health Care Entity on behalf of the Traveller (f) any (direct, indirect, consequential or penal) damage, loss or charges which the User has suffered, paid or caused, in accordance with, following or in connection with the use, inability to use or delay in the Service’s use (g) any (personal) injury, death, personal property damage or other (direct, indirect, special, consequential or penal) damages, losses or charges which the User has suffered, paid or caused, either due to (legal) actions, errors or violations.
The existence of Health Care and Insurance Entities has been verified by the Company, which takes all necessary steps to ascertain the existence and operation of them, nevertheless the Company has no liability in case the Health Care Entity or the Insurance Entity or the Insurance Company does not operates at the time of making a call or at the time of a User's visit to the Health Care Entity or the settlement of an insurance compensation.
The Company is not required to review the services provided by Members, the ratings and any other information posted on the Platform. Indicatively and not restrictively, the Company has no liability for the above.
Although the Company makes every effort to verify the information provided on the Platform, it can neither confirm nor warrant that all information is accurate, complete or correct and cannot be held liable for any errors (including obvious and typing errors), for any interference, any (temporary and / or partial) suspension of function, for any repair, upgrading or maintenance works of the site or for any other cause), for any inaccuracies, misleading or improper information or for any failure to deliver information. The Company in no event adopts nor does it accept the information displayed by Users on the Platform.
VI. MEMBERS’ OBLIGATIONS
1. In General
Members are required to maintain secret the password of the Service and not to disclose it to any third party without the provision of a corresponding license to use by the Service. In the event that the Member considers that the password has been violated or disclosed to a third party without his/her permission, he/she must change it, otherwise he/she is solely responsible for his/her actions or omissions on the Platform.
Members are required to respect the intellectual property rights of third parties, their personal data and their right to personality and not to offend them by posting comments, information and generally by their actions and / or omissions with regard to the Service.
As far as the protection of personal data is concerned, each Member should take appropriate technical, organisational and legal measures to ensure privacy and security of information.
It is expressly agreed that Members are solely responsible for the legality and accuracy of the information, elements and data they provide to the Platform while registering to or using the Service.
The Members expressly and
unconditionally declare and guarantee
• They have read and fully understand these General Terms, the Personal Data Protection Policy, the Acceptable Use Policy and any other Members' policies, and that they fully and unreservedly accept them.
• In case that a third party acts in the name and on their behalf (Authorised User) that he/she (i.e. the Authorised User) has received all the necessary licenses in order to use the Member's data, elements and information, including any consents, in accordance with the applicable law on the protection of the personal data.
• That they have taken and will constantly take all appropriate technical, organisational and legal measures in order to ensure the privacy and protection of personal data.
• On their own responsibility and expense, they will immediately take all necessary measures and in any event will fully and completely indemnify the Company with regard to any claim, loss, damage, cost, liability, discrepancies, fines, penalties, legal fees that they may suffer due to (a) any action of theirs which constitutes a breach of the present General Terms, their statements and warranties under this Agreement, the intellectual or other rights of the Company; or (b) any other illegal action or omission of theirs during the use of the Service.
• They have obtained all necessary licenses, consents, approvals in order to subscribe to the Service and with regard to the provision of their services through the Platform and that their registration and use of the Service neither infringes any third party's right nor is prohibited nor does it violate any laws or agreements.
• The information and data that they enter on the Platform both in their profile and in the transactions between them are completely true and updated.
• They use the Service solely at their own risk and any action / omission is binding exclusively on the Member itself and that the Service is available only for personal use and not for commercial use.
• Any action and / or omission by the Authorised User regarding the Service is approved and accepted by the Members and therefore binds them and generates rights and obligations for them.
• Texts and images posted on their Profile should not affect the honour, personality, reputation, data or intellectual property rights of third parties and should not include false, vulgar, libelous, offensive, information that misleads the Users or offends third parties.
2. Members’ Special obligations
Travellers must not misuse the Service and they should declare only actual and real Incidents. Also they should appear on appointments that they book through the Platform or cancel these appointments in time and at any rate they should be at the place where they have requested the Doctor to come for the provision of the Primary care.
In addition, insurance contract data must be true as well as their payment information so that Healthcare Entities receive the fees for the medical services they provide.
Healthcare Entities should provide their services with respect for the Patient and always within the framework of medical ethics and the rules of science. Each Health Care Entity bears responsibility at any time for the accuracy, completeness and correctness of the information displayed on their Platform Profile. Each Health Care Entity is obliged to accept the User as a contracting party.
Apart from additional charges made by Health Care Entities for the use of other services by the Patient or any additional costs incurred by their visit to them, the Health Care Entities will not make any other charges for the medical service declared by the Traveller through the Service (e.g. handling / managment costs, credit card billing, etc.), costs of other services and medical examinations other than those stated in the confirmation sent by the Company to him/her (Patient) through the medical report.
The posting of a medical service and the corresponding price constitute a binding offer for immediate provision to any Traveller making a reservation through the Platform. The Health Care Entities are responsible for the content they publish, for the correct and accurate description of their services and the terms of their provision. The Company in no way adopts or accepts these services.
Insurance Companies are required to carefully carry out their controls and to pay Health Care Entities immediately, without undue delay.
V. OTHER SERVICES
1. Subscription to Newsletters
By registering to the Service, the Company may, within its legitimate interest, send to the email that you have declared a newsletter. For the protection of personal data, you may please be informed please contact HERE.
The Company is not liable in case the newsletter is not delivered to its destination, although it does its best by ISPs (Internet Service Providers) for prompt delivery. The newsletter may end up in the spam folder hence the registered members should check regularly their spam folder. In the event that a registered member does not wish to newsletters or wishes to delete the DN2ME newsletter as a whole, he / she may inform the Company by sending a respective message to the following e-mail address: [email protected] or by clicking the relevant link which appears in our newsletter emails he/she receives. The Company uses a third party company to track the newsletter recipients. The Company does not deliver to third parties any information about your name, surname, home address or other personal data of yours.
The Company reserves the right to display third parties’ advertisements through the Platform. Advertisements may contain external links to third parties’ websites. It is the responsibility of advertisers to ensure that their advertisements and their content are lawful, do not infringe third-party rights and are not offensive, false, fraudulent or misleading. It is prohibited to post advertisements on the Platform with insulting, threatening, offensive, pornographic content, or advertisements concerning nudity, alcohol, drugs, cigarettes, gambling and bets, weapons, explosives, viruses or other inappropriate programs, pyramid schemes, illegal activities or in general any other inappropriate content. All advertisements should be appropriate for the Platform's community and respect the rights of third parties (natural or legal persons). No advertising can imply that it has the support, approval, or that it is done in partnership with the Company. DN2ME may at any time reject any advertising on any grounds even after it has been published and especially in case it deems it appropriate.
4. External Links
5. Social Media
Visitors and Members can follow the Company through its web pages in Facebook, g +, Linkedin, Instagram, Twitter (Social Media) in order to be informed on any news, as well as in order to comment and participate in its special promotions. Any products or services offered by DN2ME through Social Media and all information disclosed, submitted to or offered by it through its Social Media accounts will be subject to the present General Terms, unless otherwise agreed.
The Company is the intellectual creator and legitimate owner and manager of the Platform, Service and other services of the Platform in accordance with the present General Terms including the administration tool, the license of which is granted by the Company to the Registered Members upon completion of the registration. The Company hereby grants its Members the right to access and use the Service in accordance with the present General Terms. The Company is the owner and retains in its possession and ownership all rights, titles and interests regarding (a) the Platform and its Services, its functions and features (indicatively but not restrictively: its Software, its programs, philosophy, methodology and technique by which it has been designed, its model, algorithms, information and materials, know-how regarding its Service and Software, as well as any modifications, (b) the administration tool for the Members, (c) the trade name DOCTOR NEXT TO ME, the trademark and the website www.dn2me.com and the derivatives, complex, homogeneous or similar (d) any other logos, distinctive titles, distinctive marks and trade marks, trade secrets, patents and any other intellectual property rights in respect of the Platform, the Service and the functions that are disclosed to the User / Company through the Service.
All the content of the Platform, such as texts, graphics, logos, icons, images, sound clips, and software ("Content"), is property of the Company except for the Information that Members post on their Profile with the exception of reviews and ratings. The intellectual property rights connected to of the entire content of the Platform (i.e. the presentation, selection, collection, layout and assembly) are the exclusive property of the Company that manages and operates it. The software, available on the Platform, is intellectually patented. Any use of the content and / or software that is permitted in accordance with the present General Terms, as well as the reproduction, modification, distribution, transmission, presentation or execution of the contents of the website is prohibited, unless expressly otherwise stated.
Restrictions and limitations to the License to access and use the Service and the Platform refer to the Acceptable Use Policy of the Service. The User grants the Company the right to use, at any time, aggregated statistical data of User data and information as well as information derived from the use of the Service, for its own commercial purpose, without the prior written consent by the User. The User and the Company respectively retain all rights, titles and interests with regard to their data and, by registering to the Service, provide the Company with a license to use their data for the purpose of the provision of the Service, as described herein.
IX. PERSONAL DATA PROTECTION POLICY
In addition to what is expressly stated in the present General Terms, regarding the personal data of the Members which are collected by the Company, the collection methods, the purpose and the legal basis of their processing, the recipients of these data and the purpose for which they are transmitted to them as well as for the exercise of rights by the Users with respect to their data, please visit the Personal Data Protection Policy which constitutes an integral part of the present document.
X. FINAL PROVISIONS
1. Final Terms
The present General Terms are the definite and unique terms in force, regarding the provision of the Service by the Company to the User and any prior terms, prior agreements and arrangements, written or oral between the Company and the User regarding the use of the Service are hereby repealed.
Any delay, negligence or tolerance by the Company in enforcing the User's adherence to any of the present terms shall not constitute a waiver or a detriment to any of the Company’s rights. In case any term of the present document is held as void by any competent Court or Authority and therefore inapplicable, then the said term will not invalidate the remaining terms herein, which all of them will remain in full force and effect.
3. Invalidity of Terms
In the event that any part of the present document is held invalid or void by a court decision, such invalidity shall not affect the validity of the remaining part of these General Terms, which shall remain valid as if the invalid part were deleted. The Company will seek to replace any invalid term with a new valid one, the effect of which will be the as similar as possible to the one of the one canceled.
4. Applicable Law – Jurisdiction
Any dispute between the parties concerning the application, interpretation, nullity of the terms of the contract, the existence or non-existence of rights and obligations of the contracting parties under contract or even tort, shall be interpreted in accordance with Greek law and shall be subject to the exclusive jurisdiction of the competent courts of the city of Athens (Greece), under the jurisdiction of which the parties are voluntarily submitted.
ACCEPTABLE USE OF THE SERVICE POLICY
1. The Members and their Authorised Users are required to use the Service in accordance with the present General Terms and all applicable laws and regulations as well as pursuant the principles of good faith and morality and the business ethics.
2. To the aforementioned persons,
the following are prohibited:
• Any use of the Service for commercial purposes.
• Any access or attempt to access information and data (including personal data) that are transmitted through the Service, for which they have no authorisation or authority to use.
• Access to the Service in order to create or produce a product or service that is competitive to the Service and the Software of the Service.
• Use of the Service for the purpose of providing services to third parties other than those permitted under the General Terms.
• The sale, lease, disposal, transfer, assignment, concession, presentation, transmission and, in general, commercial exploitation of the access License and use the Service and the rights granted to them under the License in accordance with the General Terms.
• Facilitating in any way and by any means third parties to access the Service and any data (including personal data) and information for non-legitimate or non authorised purposes.
• The transmission of viruses, the transmission of documents and Information which are illegal, harmful, offensive, threatening, defamatory or dangerous to the security of the Service and for the reputation of the Company, its Affiliates and Associated Companies and other Members of the Service.
• The posting of messages, Information, Documents and other data as well as the granting of any data (including personal data) and information that may contain abusive, threatening, offensive, defamatory and generally illegal content.
• Any action which is or is considered to be detrimental to the interests of the Company, its Affiliates and / or Associated Companies and other Members of the Service, or which may prevent any third party from using the Service.
• Selling, conceding, renting, transmitting, processing to any third party and for any purpose any data that are connected with any use whatsoever of the Service and the Service in general.
• Any form of Software piracy, hacking and / or interception of data (including personal data) and information.
• Importing to the Service, sending and forwarding of information or software programs that may contain viruses or other harmful features that may either cause the Service to malfunction or cause traffic to the Service which may make it difficult for users to use it.
• The use of the Service in any way, which, irrespectively of the purpose (fraudulence or negligence), could cause the Service to malfunction.
• Licensing, resale, leasing, assignment, subcontracting, and in general any disposal of the Service to third parties for any use and purpose other than the ones expressly permitted herein.
• Decompilation, duplication, reproduction, falsification, distribution, presentation, software included in the Service or part thereof and / or any processing of the source code.
• Linking the Service with any Product / Service of the Members without the express and written consent of the Company.
• Any action which may affect the ability of other Members to make use of the Service, or circumvent the rights of other Members, such as, for example, their intellectual property rights, personal data, etc.
• The use of mechanisms, software or other actions that impede the normal operation of the Service.
• Any copying, analogue / digital recording and mechanical reproduction, distribution, transfer, downloading, processing, resale, creation of derivative work of the Service and its components described herein.
• Any action or omission that may lead to data destruction, modification of data included in the Platform, discomfort or harm to other Members, violation of third party proprietary rights, violation of intellectual property laws, and any other illegal action or omission.
3. In the event that the Member has doubts as to whether an action or omission constitutes a violation of this Acceptable Use Policy and / or, if he wishes to report to the Company, any violation of this Policy which has come to his notice, he/she may contact DN2ME at [email protected]