Terms and Conditions - dr-online.net
The Dr-Online Platform (the “Platform”) is a solution accessible both online via desktop and mobile phones, providing the user of the Platform (“User”) with services for the exchange of information, data, documents, and real-time audio-video communications with entities acting as medical service providers and similar roles (“Providers” or “Partners”), primarily doctors working in individual medical offices (CMI), clinics, polyclinics, and hospitals, as well as other types of specialists in the medical field and related areas.
Through the Platform, a User may search for a Partner, a provider of medical services and similar, based on parameters such as name, medical specialty/specialties, location, and accepted payment form.
These Terms and Conditions represent the provisions under which the User may request the Service (defined below) through the Application from the Provider (defined below).
Dr-Online Platform – A web or native mobile phone application consisting of software accessible in both iOS and Android operating systems, offering the Platform Services and, respectively, the Medical Service Providers Services, as defined in this document. References to the Platform in this Contract also include the Website and Application, as defined below.
Website – The website https://dr-online.net through which the Dr-Online Platform can be accessed via a web browser.
Application – The entirety of the functionalities of the Dr-Online Platform available through a native application for mobile phones.
Online Platform – The entirety of the Application’s functionalities available for the web platform.
Platform Administrator or Site Administrator – Dr-Online services SRL, identified by CUI 47466563, with the registration number at the Trade Register J40/827/2023, headquartered in Bucharest, Plane Street No. 26, Sector 1.
Medical Service Providers – Entities authorized to provide medical or similar services, which can become Partner Clients of the Dr-Online Platform and, subsequently, provide their services to individuals enrolled in the Platform (having the status of User Clients).
Platform Services – The entirety of activities of (i) enrolling User Clients and Medical Service Providers in the Platform, (ii) exchanging and/or storing information, data, documents, and real-time audio-video communications between User Clients and Medical Service Providers, as well as (iii) support services for the activities, for the Medical Service Providers Services provided to User Clients through the Platform by which the Platform Administrator is mandated, through contracts concluded with each of the Medical Service Providers present and active on the platform to carry out such support activities including, but not limited to: scheduling appointments for consultation sessions through the Platform, collecting appointment payments on behalf of the Medical Service Provider, issuing invoices on behalf of the Medical Service Provider for the services scheduled by the User Clients, publishing and/or storing data related to the Services provided by the Medical Service Providers on their behalf on their accounts available in the Platform.
Services provided by Medical Service Providers – Health or similar services provided to User Clients, in their capacity as patients, for evaluating, maintaining, or restoring health status, including prescribing, dispensing, and providing medicines and medical devices, services for which Medical Service Providers may use the Platform Services for all or only part of the aforementioned services.
Personal Data – Any information related to the User Client that allows direct or indirect identification, such as name, surname, phone number, email, geolocation, which are provided by the User Client through the Online Platform/Application for the purpose of realizing the Platform Services or, as the case may be, the Services provided by the Medical Service Providers.
User – A physical person accessing the Site or Application without contracting the Platform Services by concluding a contract, as described in this document.
User Client – A physical person who has contracted the Platform Services by concluding a contract, as described in this document.
Personalized Identification Elements or Security Credentials – Elements such as username, password, PIN codes used in the Platform to allow secure access of the User Client.
2.2. The contract between the Platform Administrator and the User Client for the provision of Services is concluded only if the conditions are met, namely following all the steps listed below:
- The User is at least 18 years old;
- The User accesses the website www.dr-online.net or installs the Application on mobile devices;
- The User creates an account by completing and transmitting real information about themselves, mentioned in the registration form on the Online Platform or Application;
- The User shall perform the steps for confirmation/verification of their data, which may include, but are not limited to, validating the declared email address and mobile phone number.
- UThe User shall access their account for the first time using the Security Credentials agreed upon at enrollment.
- The User Client shall exercise due diligence to keep their Security Credentials confidential and not disclose them to any third party for accessing the Platform.
In the event the User Client believes their Security Credentials have been stolen or compromised, they must immediately notify the Platform Administrator by sending an email to email@example.com.
3.1. Downloading the Application on mobile devices, accessing the website, and the Platform Services are free of charge, not including the costs of data access from each User Client’s provider.
3.2. The Platform’s services for listing Medical Service Providers on the Site will be charged according to the contracts concluded with them.
3.3. The Services of Medical Service Providers available through the Platform will have their price and payment terms published within the Dr-Online Platform, which must be paid by the User Client through the payment methods available on the Platform.
TERMS AND CONDITIONS FOR USING ONLINE PAYMENT FOR MEDICAL SERVICE PROVIDERS
4.1. Online prepayment for services
Certain Services of Medical Service Providers available on the Dr-Online Platform will allow for the service to be prepaid online via card payment. These services will distinctly mark this option among the accepted payment methods.
4.2. Delivery of Medical Service Providers’ Services paid by card
The Services of Medical Service Providers paid online by card, in advance, on the Dr-Online Platform will be performed by the Medical Service Provider at the time and date agreed for the provision of the service, unless otherwise agreed. The amount paid in advance, via online card payment, will cover only the Service of the Medical Service Provider for which the appointment was made.
Any additional services, including services performed at the physical premises of the Medical Service Provider, services of other Medical Service Providers that are to be used after the appointment, will be additionally paid by the User Client, at the time of use or scheduling for the use of those services, as applicable.
The Dr-Online Platform will confirm to the User Client the advance payment for the Medical Service Provider’s Service and will inform the Medical Service Provider that the service has been paid for in advance. In case there are discrepancies between the information held by the User Client and that held by the Medical Service Provider, at the time of providing the medical or similar service, regarding the advance payments, the User Client may contact the Dr-Online team for clarification of the situation.
4.3. Payment Operator
Online card payments on the Dr-Online Platform are processed through the payment operator Stripe Payments, exclusively for Visa/Mastercard cards that allow online payments (having CVC, CVC2 code), using the 3DSecure method. The Dr-Online Platform redirects the User Client to the online payment portal of Stripe and does not record or store any information about the bank card used for making the payment.
4.4. Right of Withdrawal
The User Client has the right to cancel the appointment made and to recover the amount paid through online payment, subject to the following conditions:
Cancellation can be made within a maximum of 14 working days from the registration of the appointment;
If the 14-working day period has not been exceeded, cancellation can be made no later than 4 hours before the date and time scheduled for the provision of the Medical Service Provider’s Service;
The User Client can cancel the appointment using the cancellation option on the Dr-Online Platform. Following the cancellation, if the cancellation meets the conditions stated above, the paid amount will be immediately refunded to the card from which the payment was made, through the payment processor Stripe.
If the refund is not possible through the described mechanism, due to reasons beyond If the User Client does not cancel the appointment within the above terms and does not show up for the provision of the Medical Service Provider’s Service, the amounts paid in advance cannot be recovered.
In the event that the User Client presents themselves, as scheduled, at the session for providing the Medical Service Provider’s Service, online communication through the Dr-Online Platform unless otherwise specified, and the service could not be performed for any reason invoked by the Medical Service Provider, the User Client has the right to request the refund of the amounts paid, in case a rescheduling is not realized, in mutual agreement with the Medical Service Provider.
PROVISION OF DR-ONLINE PLATFORM SERVICE
5.1. The Platform Administrator commits to exercising necessary diligence to offer, to the User Client, the Platform Services in real-time, through the online Platform or the mobile Application.
5.2. The Platform Services will be provided in an electronic format, including, but not limited to:
- Scheduling appointments with the chosen Medical Service Provider by the User Client;
- Advance payment of the Services of the Medical Service Provider for which the appointment has been scheduled;
- Uploading onto the Platform of data and documents relevant to the health status of the User Client (or their dependent) necessary for the provision of the Medical Service Provider’s Services, as well as making these available, with the consent of the User Client, to the Medical Service Provider with whom the User Client has chosen to communicate;
- Conducting through the Platform an audio-video session of interaction with the Medical Service Provider, in which the Services of the Medical Service Provider are provided to the User Client;
- Receiving through the Platform of data and documents relevant, subsequent or resulting from the provision of the Medical Service Provider’s Services to the User Client, as well as their subsequent storage or downloading by the User Client.
5.3. The User Client understands and agrees that receiving the Platform Services through the online Platform or the mobile Application requires equipment (computer, data connection, mobile phone with camera) that allows for the provision of services, and the costs associated with equipping with such equipment are solely the responsibility of the User Client.
5.4. The User Client understands and agrees that they receive a non-exclusive right of use, for the duration of the Contract, concerning the Dr-Online Platform, exclusively for obtaining the Platform Services and, respectively, the Services of the Medical Service Providers.
PROVISION OF THE MEDICAL SERVICE PROVIDER’S SERVICE
6.1. Through the contracts between the Platform Administrator and each Medical Service Provider available on the Dr-Online Platform, the Medical Service Providers commit to exercising necessary diligence to offer, to the User Client, their own Services, through the online Platform or the mobile Application, at the date and time agreed upon through the appointments made within the Platform.
6.2. The Services of the Medical Service Providers will be provided in an electronic format unless otherwise agreed between the Medical Service Providers and the User Clients.
6.3. The User Client understands and agrees that the Services of the Medical Service Providers are received following their express request and that the provision of these Services may necessitate the provision of certain relevant data and documents concerning the health status of the User Client (or the dependent for whom the Services were requested).
LIMITATION OF LIABILITY
CONTRACT DURATION AND TERMINATION
STATEMENT ON PERSONAL DATA
Under this Contract, the Platform Administrator will process the personal data of the User Client, as an authorized person under EU Regulation 679/2016, acting on behalf of and on behalf of the Medical Service Providers, the latter being operators according to Art. 3 lit. e) of the same Law.
The Platform Administrator undertakes to respect the following obligations:
a) will act precisely for the purpose related to the provision of the Service, only in accordance with the instructions received from the Medical Service Providers;
b) will apply appropriate technical and organizational measures to protect personal data against accidental or illegal destruction, loss, alteration, disclosure, or unauthorized access, as well as against any other form of illegal processing.
By accessing the Application, properly completing and transmitting the form available within the Application, the User Client confirms and agrees, expressly and unequivocally, that the Platform Administrator may process their personal data for the above purpose.
The Provider will process the personal data of the User Client for the entire period of time necessary to achieve the above purpose and even thereafter, in accordance with applicable law.
In accordance with the provisions of EU Regulation 679/2016, the User, as a data subject, has the following rights:
- The right to obtain from the Platform Administrator, upon request and free of charge, as appropriate, confirmation that their personal data are or are not being processed by the Platform Administrator, rectification, updating, blocking, or deletion of data whose processing does not comply with EU Regulation 679/2016, especially incomplete or inaccurate data, their transformation into anonymous data, as well as notification to third parties to whom the data were disclosed of any operations carried out as mentioned above;
- The right to oppose at any time, for legitimate and substantiated reasons related to their particular situation, that data concerning them be subjected to processing, except where there are contrary legal provisions; in the case of justified opposition, the processing can no longer target the data in question;
- The right to oppose at any time, free of charge and without any justification, that data concerning them be processed for direct marketing purposes, on behalf of the Platform Administrator or a third party, or to be disclosed to third parties for such a purpose;
- The right to request and obtain the withdrawal or cancellation of any decision that produces legal effects concerning them, taken exclusively based on automated data processing intended to evaluate certain aspects of the User Client’s personality, such as professional competence, credibility, behavior, or other such aspects or the reassessment of any other decision made concerning them, which significantly affects them, if the decision was made exclusively based on data processing as previously described;
- The right to address the National Authority for the Supervision of Personal Data Processing and/or the courts to defend the rights guaranteed by EU Regulation 679/2016.
To exercise these rights, the User Client may contact the Platform Administrator via email at: firstname.lastname@example.org. Refusal to provide the necessary personal data for the aforementioned purpose, as well as subsequent requests for deletion of the User Client’s personal data, will result in the deletion of the User Client’s account from the system and the inability to receive the Platform’s Services and, accordingly, the Services of the Medical Service Providers.
If any of the User Client’s data is incorrect, they are requested to contact the Platform Administrator as soon as possible.
APPLICABLE LAW AND COMPETENT COURT
The use of the Dr-Online Platform, the use of the Platform’s Services and the Services of the Medical Service Providers, and the conclusion of the Contract are governed and interpreted in accordance with Romanian law.
Any disputes related to the use of the Platform and/or the Contract will first be attempted to be resolved amicably. If the parties do not reach an agreement on the dispute, it will be definitively resolved by the competent Romanian court.
Consumers cannot waive their rights conferred by law. Any contractual clauses that remove or limit the rights of consumers, conferred by law, will not have any effect on them.
TERMS AND CONDITIONS FOR THE USE OF THE ONLINE CONSULTATION SERVICE (VIDEO ASSESSMENT OR TELEMEDICINE)
11.1. The video assessments available through the Dr-Online Platform are Telemedicine services and take place directly between the User Client, as a patient, and the doctor, as a representative/employee/collaborator of the Medical Service Provider.
Video, audio, and text communication takes place strictly through the website www.dr-online.net, at uniquely generated internet addresses for each session, communicated in advance to the Medical Service Provider and the User Client, and is encrypted in both directions.
Video and audio communication is not recorded or stored in any way by the Dr-Online Platform, except in cases where the User Client and the representative of the Medical Service Provider have given their prior consent and the Dr-Online Platform technically allows such recordings.
Recording the video or audio session by any other technical means by any of the participants (User Client or Medical Service Provider) is prohibited, as it violates the legal rights of the party being recorded without their knowledge and without their consent.
Both the Medical Service Provider and the User Client must have an account on the Dr-Online Platform to access the video assessment page, and Security credentials are required for login.
11.2. This service does not replace specialized medical consultations in specialized clinics. The specialties available through this video assessment platform are limited to those that allow the Medical Service Provider to perform an assessment based solely on electronic information, including data and documents transmitted, which can be accessed through this limited communication channel, and there are limitations in the possibilities of providing a diagnosis to the User Client, as a patient.
The User Client, as a patient, is responsible for providing as complete and accurate information as possible about their health condition, treatment, previous results, other conditions, or medical history, and understands that the assessment and recommendations received from the Medical Service Provider, through the video assessment platform, will be based strictly on the information received from the patient, without the possibility of a physical consultation, or access to a complete medical history of the patient (other than what the User Client is willing to communicate to the Medical Service Provider before the session or during the session). The Medical Service Provider declines any responsibility if the User Client, as a patient, does not follow the received recommendations or if the information received from the User Client has omissions or is false.
Video assessment services will only be used for cases that do not represent a medical emergency. For situations where the case represents a medical emergency, the User Client can call emergency services at number 112.
Before and during the video assessment session, the User Client may provide or transmit to the Medical Service Provider information about their medical history, including files showing medical reports or results of previous analyses.
During or after the video assessment session, the Medical Service Provider may complete an assessment report, which will contain their recommendations for the User Client. These may include, depending on the decision of the Medical Service Provider, one or more of the following elements: (i) treatment recommendations with medications, (ii) a prescription issued by the representative/employee of the Medical Service Provider (if they meet the conditions to issue a prescription), (iii) diagnosis, and/or (iv) other relevant documents applicable to the Services of the Medical Service Provider.
The assessment report will be accessible to the User Client on the Dr-Online Platform, and will be available for download for the duration of an active account.
Also, during the video assessment session or in the report communicated to the User Client, there may be a recommendation to undergo other medical services or investigations (at physical locations of the Medical Service Provider or other Medical Service Providers) as well as recommendations to undergo other video assessments, for another specialty or for a follow-up evaluation of the results of the recommendations received.
The Dr-Online platform provides a channel for the participating parties (the User Client, as a patient, and the Medical Service Provider) to exchange information, based on which, the Medical Service Provider transmits a recommendation to the User Client. The responsibility for the exchanged information lies strictly with the parties (the User Client, as a patient, and the Medical Service Provider participating in the video assessment). The responsibility for the transmitted recommendations lies with the Medical Service Provider, but the User Client understands and agrees that these recommendations are given only after the limited information to which the Medical Service Provider had access.
11.3. To access this video assessment service, both the Medical Service Provider and the User Client must have an internet connection from a Desktop device with either Windows or Apple MacOS operating systems, and a compatible browser (Google Chrome, Microsoft Edge, Mozilla Firefox, Apple Safari). For mobile devices with iOS or Android operating systems, the installation of an additional application is required. The link for installing the necessary additional application is displayed to the User Client on the website www.dr-online.net, at the time they access the video assessment service, through the link communicated by the Dr-Online Platform.
The Platform Administrator assumes no responsibility for any situation where communication is not possible (either in total or in part) or for the quality of the audio and video communication. If the video assessment session could not proceed due to technical reasons, and the cost of the session was paid by the User Client, the Platform Administrator will make every effort to reschedule the video assessment session, but cannot guarantee this, or the date and time of the next available slot for rescheduling. In exceptional cases, if the User Client does not have the technical capabilities to participate in the video assessment session, they understand and agree that the service may only be conducted over the phone, if the Medical Service Provider also agrees to this.
All rights of the User Client, as a patient, regarding their personal data for this video assessment service will be respected in accordance with current legislation, as specified in chapter 9 of these Terms and Conditions.
12.1. The Platform Administrator reserves the right to modify/add to these Terms and Conditions at any time, which will be published on the Dr-Online Platform.
By continuing to use the Platform after the implementation of any modifications/additions, the User Client agrees to comply with them.
The User Client is advised to periodically check these Terms and Conditions.
IF THE USER CLIENT DOES NOT WISH TO ACCEPT THESE TERMS AND CONDITIONS, INCLUDING ANY MODIFICATIONS/ADDITIONS THERETO, THEY MUST CEASE USING THE ONLINE PLATFORM, THE APPLICATION, AND THE PROVIDED SERVICES.
12.2. The online platform, the Application, the Platform Services, the Medical Service Providers’ Services, including but not limited to any changes, additions, revisions, and/or derivatives thereof, and related intellectual property rights are owned by the Platform Administrator or its partners and are protected by copyright, trademark, and other legal regulations and international treaties.
12.3. The User Client understands that the fees related to the Medical Service Providers’ Services will be entirely borne by them, and any dispute between them and the Medical Service Providers will be resolved directly with the latter, without any involvement of the Platform Administrator.
12.4. The User Client understands not to use the data and information available on the online Platform and/or in the Application for any purpose other than personal as a patient or potential patient.
12.5. The Platform Administrator hereby informs the User Client that they will conduct marketing activities and transmit marketing information to the User Client, following the expression of consent by ticking the relevant box in the forms of the Dr-Online Platform.