Terms and Conditions of Use
- MedLive and all associated websites and apps (“MedLive Websites”) are owned and operated by Wisdom Maneuver, a Portuguese company with head office at Av. Casal Ribeiro nº 28, 1000-092, Lisbon, Portugal, Corporate Tax Number 514 436 298 (“Company”).
- Websites of MedLive have defined these Terms and Conditions of Use (“Terms and Conditions”) in order for you to understand your rights and obligations regarding the use of MedLive Websites and any services or information made available on MedLive Websites (“Services”). These Terms and Conditions constitute a legal agreement entered into by you and the Company (“Agreement”).
- You may request a copy of these Terms and Conditions by sending an email to firstname.lastname@example.org.
- These Terms and Conditions, as well as the instructions, policies and other information about the Services are available on the website.
- By accessing the MedLive Websites and registering as a "Registered User", you are acknowledging and agreeing to these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions, please do not access or use the MedLive Websites. If you are under 16 years of age, please confirm that you have permission from your parents or legal guardians to use MedLive Websites. If you are under 13 years of age, please do not use MedLive Websites under any circumstances.
- Other terms may apply to the use of specific features or parts of our Apps. In the event of conflict between these Terms and Conditions and other terms applicable to these specific features or parts of the Apps, the latter terms shall apply to the use of these specific features or parts of the Apps.
- Breach of these Terms and Conditions may result in the closing of your account without prior notice.
- The Company regularly updates and corrects MedLive Websites and may at any time delete or change any information or any service provided. While the Company is committed to ensuring that all information on MedLive Websites is correct, the Company does not warrant that all information or pricing on MedLive Websites is complete and accurate.
3. MedLive Websites personal account and use
- You shall be responsible for your personal account and for ensuring that your password and real name remain private.
- To use MedLive Websites, registration information is required to be complete and accurate. You shall be responsible for the security of your passwords and for all uses that are made under your account. No other person or entity shall be allowed to use your identity to use or post information on MedLive Websites. Do not include your real name or any other information that may be used to identify you in any information that is publicly visible on MedLive Websites (such as in questions or other public presentations).
An account shall only be used by the user who registered the Account (“Registered User”) and cannot be transferred or disclosed to any other user. However, legal guardians shall have the right to use the service and account for children, if the child is under the age of eighteen (18). MedLive shall not be responsible for external uses and abuses of the account or for consequences and possible damages.
- The Registered User shall be responsible for the accuracy of the contact information provided at the time of registration and agrees to maintain their profile on the MedLive Website updated until termination of registration. Any changes shall imply the updating of the registration information in the personal area and, if necessary, should be immediately communicated to MedLive Websites to the email email@example.com.
- By accessing the account on Medlive Websites, the Registered User confirms and accepts that personal contact information may be used by the Company to contact the Registered User via email and to notify them with information and offers. The Registered User shall have the right to cancel the subscription specifically for this communication and the Company shall be obliged, without delays, to approve these requests.
- MedLive Websites are only technology service providers that enable Internet-based telemedicine and e-health services. For this reason, MedLive Websites shall not in any way be considered as providers of health services and the agreement entered into by the Registered User and MedLive Websites can only be considered as a service agreement for the provision of a technical solution. For the sake of clarity, Medlive Websites shall not be liable for medical examinations or other medical services (or for their quality) carried out in the context of medical advice, telemedicine and e-health services provided by the physician.
MedLive Websites are not health insurance substitutes, primary care physicians, or face-to-face interactions of health services. The Registered User agrees not to use MedLive Websites as a substitute for health insurance, primary care physicians, and in-person physician visits. The Registered User understands and agrees that prescriptions on MedLive Websites are limited in purpose and duration and agrees not to use MedLive Websites to request prescriptions for any medications and/or prescriptions of any duration not allowed by MedLive Websites.
- Content published or made available by MedLive supplements the health care provider's medical advice and it is not intended to be used in lieu of a physician's judgment, diagnosis, or treatment for any illness. The use of MedLive Websites is only a supplement to normal health care and it is intended to be a means for health care providers to provide more regular and effective advice and care to their patients. Medlive Websites are in no way whatsoever responsible as providers of health care.
- Never use MedLive Websites, their content or services to address a potential or real medical emergency.
- Please always remember to:
- Seek advice from your doctor or other qualified health care providers whenever you have a personal question about a medical condition or symptom.
- Never neglect professional medical advice, or delay seeking medical advice or treatment, because of anything you have read or learned on Medlive Websites.
- Promptly call your local emergency service or your doctor if you believe you may have or have a medical emergency.
5. Access and operation
- To access MedLive Websites for medical advice, telemedicine or e-health through MedLive Websites you need to access the www.medlive.pt or the available MedLive apps on Apple Store or Google Play, and use your email and password as defined at the time of registration.
- To access MedLive Website service, the Registered User must have an Internet connection, with sufficient speed and quality, as well as adequate quality and resolution audio and video equipment in order to establish and maintain the connection and its regular functioning during the provision of medical advice, telemedicine or e-health services.
- To schedule a medical appointment, telemedicine or e-health services, the Registered User needs to make a booking in the diary of the chosen doctor.
- On the day and time scheduled for medical advice, telemedicine and e-health services, the Registered User must access their personal area on MedLive Websites and enter the virtual room to communicate via video (sound and image) with the doctor.
- Prior to or during the course of medical advice, telemedicine or e-health services, the Registered User may submit health information and/or documentation concerning their condition (such as clinical tests, medical reports and the like, as well as results obtained through the use of electronic health devices) to be assessed by the physician. There is, however, no guarantee or responsibility on the part of the physician to analyse said health information and/or documentation submitted by the Patient prior to the Teleconsultation, as such information will normally be seen only during the Teleconsultation.
- In addition, and with the approval of the Physician, Clients may use, during the medical advice, telemedicine or e-health services, electronic health devices to collect useful and/or necessary clinical information, namely and without prejudice to others, devices for measuring weight, height, blood glucose, and blood pressure.
- Any specific health and other electronic devices used by the Registered User for the collection of useful and/or necessary clinical information shall be the sole responsibility of the User, and the Physician or the Company shall not be held responsible for the results obtained through the use of these devices.
6. Price and payment terms
- Prices and fees for holding a videoconference with physicians through MedLive Websites are available on MedLive Websites and should be consulted prior to the beginning of the videoconference with the physician.
- Payment for videoconferencing through MedLive Websites shall be made prior to the start of the videoconference. Registered Users cannot begin a videoconference with the physician before payment is made.
7. Cancellation of videoconference
- Registered Users may cancel the videoconference appointment without any costs up until 24 hours before the consultation takes place.
- The Registered User agrees that they shall not have the right to cancel the videoconference consultation when the Registered User submits the cancellation request after the 24-hour period preceding the videoconference appointment. On such occasions, the Registered User shall not be entitled to reimbursement of the amount paid for the videoconference appointment.
8. MedLive's responsibilities
- With the restrictions identified in this section, the Company is responsible for (i) ensuring that all MedLive Websites comply with sections 4.3 - 4.6 above; and (ii) keeping and making available the description of the user's symptoms and other information that the Registered User or the Physician uploads on MedLive Websites, in accordance with applicable law.
- The Company shall be responsible for maintaining the supervision and responsibility for its Websites in accordance with applicable law to distance contracts and off-premises agreements. The Company shall not be liable for the loss of data.
- The Company shall not be held responsible for the content of websites linked to its websites or its websites to other websites.
- The Company aims to ensure that its websites are always accessible. Registered Users must be given a reasonable opportunity to visit their account and MedLive Websites at any time of the day. MedLive Websites will enable the videoconference between Registered Users and the Physician at the defined date and time up to 5 minutes before the booked appointment, reserving the right to interrupt the service due to, but not limited to, any maintenance announced on MedLive Websites.
- The Company shall not be responsible for interruptions of access caused by:
- Errors in the Registered User's hardware, equipment, network connectivity, software, or malware of software products of other companies or the Company which, although the Company had attempted to correct, were not able to be fixed.
- Other circumstances of the Registered User's responsibility under this Agreement.
- Virus or other security attacks, even if the Company has taken protective measures in a professional manner.
- Force majeure circumstances listed in section 15 below.
- The Company is solely responsible for the operation of the MedLive Website by providing the technology to hold videoconferences between the Registered User and the Health Care Provider. The Company shall not be responsible for healthcare services, information or recommendations that the MedLive Healthcare Service Provider gives the Registered User via videoconference or in written form on Medlive Websites.
- Interruptions or errors on MedLive Websites must be reported immediately without delay to MedLive Client Support via firstname.lastname@example.org (24 hours).
- Errors must be rectified mainly due to malfunction if such rectification happens without unreasonable costs or inconvenience to the Company. The Company must correct the errors at its own expense, whenever this can be done within a reasonable period of time and without significant inconvenience to the Registered User. If rectification cannot be effected, the Registered User may receive reasonable deductions and compensation for any confirmed direct damage, with the restrictions defined in the following points.
- The Company shall not be liable for errors made by the Registered User or with any relation that is the responsibility of the Registered User. The Company shall not be liable for any personal injury or other consequences that may result, directly or indirectly, from the use or misuse of the information made available, presented or referenced on MedLive Websites. The liability of the Company shall be, in any event, limited to direct liability and direct damage up to a maximum of one hundred (100) Euros. The company, therefore, shall not be liable for consequential damages, loss of profits/revenues, lack of expected savings and/or any other indirect damage.
9. Compensation, exclusions and limitations
- Apps, platforms, websites, content and services provided by MedLive Websites are provided “as is”.
- MedLive Websites shall not be considered liable or offer any compensation for the use or misuse from the part of the Registered User or any other party for any content or information submitted transmitted or received via MedLive Websites.
- The Company, MedLive Websites, and Company’s experts and employees shall not be liable under this Agreement for any damages that are not direct damages, even if the parties know or should have known that other damages are possible, or direct damages which cannot be satisfactorily remedied.
- Specifically and without limiting the foregoing, Medlive Websites and our suppliers make no representations or warranties regarding: (i) the accuracy, reliability, completeness, timeliness or suitability of the content provided on or through MedLive Websites; or (ii) the satisfaction of any governmental regulations requiring the disclosure of information about the prescription of medications or the approval or compliance of any software tools on MedLive Websites. Any location of data accessed via MedLive Websites may be inaccurate or incomplete and any use of such data shall be made at user’s own risk.
- Neither the Company nor the Physicians on MedLive Websites may be held liable under this Agreement for amounts in excess of one hundred (100) Euros.
- Should you be not satisfied with any content or materials on Medlive Websites, or with any services or information available through MedLive Websites, the only solution within your means is to discontinue access or to stop using MedLive Websites. This limitation applies even when solutions under this Agreement fail to meet their essential purpose.
10. Rights and intellectual Property
- Ownership, copyrights, and all other rights of the brand “MedLive”, company and MedLive Websites, as well as all documents used and/or made available by the Company on Medlive Websites, such as, but not limited to, these Terms and Conditions, belong to the Company.10.2. The Company therefore reserves the exclusive right to use the abovementioned material.
- All copies, modifications, transfers and/or other uses of Company material not expressly permitted by this Agreement or by Company instructions from time to time shall be forbidden.
- The Registered User confirms and agrees that the unauthorised use of the Company's intellectual property rights may, in addition to breaching this Agreement, constitute a crime. The Company reserves the right to initiate legal action in the event of an unauthorised use of the Company's intellectual property rights.
- Any intellectual property right that may arise as a result of the availability of MedLive Websites and/or other services provided to the Registered User shall be unique property of MedLive. This exclusive intellectual property right includes the right to freely change and forward these results.
11. Unauthorised use of information
- The Company considers all unauthorised uses of the Account and Medlive Websites as a breach of these Terms and Conditions and/or any applicable policies at any time related to safety, ethics, etc. The Company shall proactively initiate legal action against any established or envisaged unauthorised use.
- The Company reserves the right to, with prior notice or notification of the Registered User, at any time and without liability for any consequences, remove information from MedLive Websites, close the Registered User’s Account or trigger other actions due to breach of contract by the Registered User or to protect the reputation and trust of MedLive Websites. In the event of such situation, the Company has the right to terminate the Agreement.
- If the Registered User breaches the Agreement or any applicable law, or uses MedLive Websites illegally, the Registered User shall be responsible for keeping the Company and MedLive Websites free and protected from harm caused by their action (including, but not limited to, fees, costs and any third party claims).
- The Company shall not be allowed to provide information about the Registered User since personal data is the responsibility of the Physician according to the applicable law.
12. Term and termination
- This agreement is valid for the period the Registered User has an active and registered account on MedLive websites. Registered Users always have the right to terminate the Agreement at any time. In the event this termination occurs, the Company shall remove the closed account as well as any information related to the Registered User that has been provided and/or stored.
- The Company shall have the right to terminate the Agreement at any time should the Registered User breach or be likely to breach the terms of the Agreement or any other provision of the Agreement, and within thirty (30) days of written notification, rectify. In the event of this termination, the Registered User Account will be closed, and the Agreement will terminate automatically. The stored information of the Registered User shall also be removed immediately.
- Registered Users who have had their Accounts suspended under this section shall not have the right to register or create a new Account without specific prior Company permission.
13. Development and change of conditions
- The Company reserves the right to modify the scope and function of the Account and MedLive Websites. Product and service development may include, but it is not limited to, layout, content, service, or functionality, and may affect the Agreement. Such changes shall be disclosed via MedLive websites and/or email. The applicable Terms and Conditions can be found on MedLive Websites at any time.
- The Registered User shall have the right to immediately terminate the Agreement in the event that modifications introduced by the Company on MedLive Websites or in the Agreement be disadvantageous to the Registered User and, in the event of termination, the Registered User shall be entitled to reimbursement of the amounts paid for a videoconference which was not held, notwithstanding the provision of Section 7 above.
14. Force majeure
- The Company shall not offer compensation for damages caused by strikes, fires, the government, labour disputes, accidents, delays or delays of the Health Service Providers and/or subcontractors, downtime of communication systems or other circumstances beyond the control of the Company and which the Company is not reasonably expecting and whose consequences the Company cannot reasonably avoid or overcome. In the event that any circumstance associated with this paragraph persists for a period exceeding one (1) month, the party may terminate this Agreement with immediate effect. In these circumstances, the Registered User is entitled to reimbursement of the pre-paid amount for the booking of the videoconference that was not held.
- The Registered User must provide an email address, address and telephone number to which the Registered User wishes the Company or MedLive Websites to send confirmations, reminders and other messages from time to time. The Registered User is required to inform the Company or MedLive Websites immediately whenever there are any changes to their contact details. Cancellations or other notifications must be made by email.
- A message shall be considered as properly received by the receiver: (i) if sent by email, text message or fax; or (ii) if sent by registered mail.
16. Personal Data
- The Registered User agrees that the Company and MedLive Websites use personal information of the Registered User to perform the Agreement and register the Account. This personal information, that is, data related to the name, citizen card, tax number, social security identification number, address, mobile phone number, email address and other information entered by the Registered User in their personal area will be processed in order to make available to the Registered User the MedLive Websites services that they have selected. This personal information will be used by the Company to complete the Agreement, such as establishing videoconferences between Registered User and Physicians. Personal information may be used by the Company to manage commitments to the Registered User, perform business analysis, engage in product development and personalised marketing, and send text messages and email messages and notifications via apps. These messages may include, but are not limited to, videoconference reminders, payment confirmation, and prescription information. Personal information may be made available to the Physician for medical advice, telemedicine and e-health services provided by the same.
- The Registered User agrees that the Company and MedLive Websites process and share sensitive personal information of the Registered User with physicians within the scope of medical advice, telemedicine and e-health services selected by the Registered User. This sensitive personal information, entered by the Registered User on MedLive Websites may include, but is not limited to, medical certificates, exams, tests and prescriptions.
- The registered User may at any time request the Company to give access to information on personal data being processed, request the correction of incorrect information, request that data be erased, restrict the processing of personal data and, by written request, request that the data not be used for the purposes of marketing campaigns or ask to transfer personal data (the right to data portability). For these requests, the Company must be contacted through the email email@example.com.
- The Company has adopted the necessary and adequate security measures to protect personal data circulating online, and has implemented special mechanisms for the protection of information and medical confidentiality, namely through the use of protocols and encryption.
- Notwithstanding the previous number, the Registered User acknowledges that, since the medical advice, telemedicine and e-health services operate in open network, and despite the Company's security measures, there may be security breaches and improper access. Therefore, the Client must adopt all necessary security measures in order to avoid such improper access.
- The registered User's personal data may be transferred to other countries within the European Union or European Economic Area, in case the Company uses subcontractors outside Portugal. The transfer of personal data, only in exceptional cases to other countries, i.e., countries outside the European Union or the European Economic Area is foreseen in the case (i) the transferee is listed as an organisation that complies with the data protection legal requirements of the European Union or in the event that (ii) the Company enters into an agreement, with European Union standards, with the transferee in order to comply, as far as possible, with the data protection regulation of the European Union.
- The Registered User may file a complaint with the data protection supervisory authority in the event that the processing of personal data does not comply with the legal requirements.
- The Registered User shall not assign his position in this Agreement as well as the rights and/or obligations that may arise from this Agreement to any other party.
- The Company may contract another party for the fulfilment of the obligations defined in this Agreement.
18. Changes in the Terms and Conditions of Use
- The Company shall have the right to, at its sole discretion, modify, change or otherwise alter these Terms and Conditions of Use at any time by uploading the revised Terms and Conditions of Use on MedLive Website.
- The use of MedLive Websites means that you agree to these Terms and Conditions of Use, should we revise or update these Terms and Conditions of Use, your use of the MedLive Websites means that you have accepted any changes that may have been made. The Registered User chooses to use or not to use MedLive Websites. If you do not agree to all the Terms and Conditions of Use, please do not use the MedLive Websites.
- You waive any rights you may have to receive specific notifications about these changes.
19. Dispute resolution
- These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of Portugal. Any dispute arising out of these Terms and Conditions of Use shall be resolved in the courts of Lisbon, expressly renouncing the Parties to the jurisdiction of any other court.