Terms and Conditions of Use


1. Introduction
1.1. MedLive and all associated websites and Apps (the “MedLive Websites”) are owned and operated by MantaOperations, Lda, a Portuguese incorporated company, with registered office in Av. Dom João V 24, 1250-091, 1000-092, Lisbon, Portugal, NIF 514 436 298 (the “Company”).

1.2. MedLive Websites drafted this Terms of Use Agreement (“Terms of Use”) so that you can understand your rights and obligations relating to the use of the MedLive Websites and any services or information made available on the MedLive Websites (the "Services"). These Terms of Use form a legal agreement between you and the Company (the "Agreement").

1.3. You can request a copy of the Terms of Use by emailing us at apoio@medlive.pt.

1.4. These Terms of Use, as well as instructions, policies and other information about the Service are available on the website.

1.5. By accessing the MedLive Websites and registering yourself as a “Registered User”, you acknowledge and agree to these Terms of Use. If you do not agree to be bound by these Terms of Use, please do not access or use the MedLive Websites. If you are under the age of 16, you confirm that you have your parent's or legal guardian's permission to use the MedLive Websites. If you are under the age of 13, please do not use MedLive Websites under any circumstances.

1.6. Other terms may apply to your use of a specific features or parts of our Apps. If there is a conflict between these Terms of Use and the terms posted for a specific feature or part, the latter terms apply to your use of that feature or part. 

1.7. Violations of these Terms of Use may result in termination of your account without notice.

 

2. Updates
The Company regularly updates and amends the MedLive Websites and may at any time delete or change any information or any of the services provided. Although the Company will endeavour to ensure all information contained on the MedLive Websites is accurate, the Company does not guarantee that all information or prices on MedLive Websites will be complete and accurate.

 

3. Your account and your use of MedLive Websites
3.1. You are responsible for your account ant for keeping your password and real name private.

3.2. Accurate and complete registration information is required to use MedLive Websites. You are responsible for the security of your passwords and for any use of your account. Please immediately notify us of any unauthorized use of your password or account. Allowing any other person or entity to use your identity for posting on or using MedLive Websites is not permitted. Do not include your real name or any other information that could be used to identify you in anything you post that is publicly visible on MedLive Websites (such as in questions or other public submissions).

3.3. An Account may only be used by the user to which the Account has been registered (the “Registered User”) and may not be transferred or disclosed to any other. However, a custodian is entitled to use the Service and the Account for Children, provided that the child is under eighteen (18) years. MedLive is not responsible for outsiders' abuse of Account or for consequences and possible damages.

3.4. The Registered User is responsible for the accuracy of the contact information provided upon the Agreement, and will keep his/her profile on the Website updated and current throughout the term. Any changes should be immediately communicated to MedLive Websites by e-mail to apoio@medlive.pt.

3.5. Your use must be legal and you must be an adult to use MedLive Websites.

3.6. By accessing the Account on the Site, the Registered User confirms and accepts that the specified contact information may be used by MedLive to contact the Registered User via email and notification with information and offers. The Registered User has the right to unsubscribe specifically for this communication. MedLive is obliged to, without delay, approve the Registered User's request when registered with MedLive.

 

4. Content
4.1. MedLive Websites are intended to allow internet-based e-health services. 

4.2. On MedLive Websites, as available and appropriate for virtual consults, diagnosis and prescriptions are available. 

4.3. MedLive Websites are only a technological service provider, which allows internet-based e-health services. For that reason, MedLive Websites should not in any way be considered as a caregiver and the agreement entered between the Registered User and MedLive Websites is only to be considered as a service agreement for the provision of a technical solution. For the sake of clarity, MedLive Websites does not bear any responsibility for the examinations or other medical services (or the quality of such) performed in the context of the e-health services provided by the Caregivers.

4.4. MedLive Websites are not a substitute for: health insurance, a primary care doctor, or in-person health care interactions. You agree not to use MedLive Websites as a substitute for health insurance or a primary care doctor or in-person doctor visits. You understand and agree that prescriptions on MedLive Websites are limited in type and duration, and you agree not to use MedLive Websites to request prescriptions for any medications or for any duration not permitted via MedLive Websites.

4.5. Content published or provided by MedLive complements the medical advice provided by the Healthcare Provider and is not intended to be used in lieu of the physician's judgment, diagnosis or treatment for any disease. Use of the Website is only a supplement to the normal care, and is intended as a means for care providers to provide effective care to their patients. MedLive is not in any way responsible as a Health Care Provider.

4.6. Never use MedLive Websites, its contents or services in a potential or actual medical emergency.

4.7. Please remember to always:

4.7.1. SEEK THE ADVICE OF YOUR DOCTOR OR YOUR OTHER QUALIFIED HEALTHCARE PROVIDER WHENEVER YOU HAVE A PERSONAL QUESTION ABOUT A MEDICAL CONDITION OR SYMPTOM.

4.7.2. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE, OR DELAY SEEKING MEDICAL ADVICE OR TREATMENT, BECAUSE OF SOMETHING YOU READ OR LEARN ON HEALTHTAP.

4.7.3. CALL YOUR LOCAL EMERGENCY SERVICE OR YOUR DOCTOR IMMEDIATELY IF YOU BELIEVE YOU MAY OR DO HAVE A MEDICAL EMERGENCY.

 

5. Prices and payment terms (for non-doctors users)
5.1. Prices and fees for videoconferencing with the Healthcare Provider via the Website, and any other applicable prices, can be found in MedLive's applicable price list, which is available on the website before the video meeting with the Healthcare Provider.

5.2. Prices may change from time to time, but price changes will not affect any services that you have already ordered and scheduled.

5.3. Payment for videoconferencing via the Website or app must be done in advance before the video meeting commences. Registered Users can not initiate a video meeting with the Caregiver before payment has been made.

 

6. MedLive's responsibility
6.1. With the restrictions stated in this section, MedLive is responsible to (i) ensure that MedLive Websites are available in accordance with sections 4.3 - 4.6 below; and (ii) store and provide the Registered User's Symptom Description and other information that the Registered User or Carer Uploads, in accordance with the applicable law.

6.2. MedLive is responsible for keeping such oversight and responsibility for the Site as provided by the applicable law on distance contracts and agreements outside business premises. MedLive is not responsible for data loss.

6.3. MedLive is not responsible for the content of the websites linked to or from the Site.

6.4. MedLive aims to ensure that the website is continuously accessible. Registered Users should be provided a reasonable opportunity to visit the Account and Site during the entire hours of the day. The Registered User can schedule a timely meeting with the Caregiver in accordance with the timing options provided on the Website through the booking system. Registered Users can book a meeting for a certain date and time or a drop-in meeting at the available times in the reservation system. The site including video meetings is provided as above, with settlement for allowed interruptions such as, but not limited to, scheduled and on site announced maintenance or interruptions.

6.5. MedLive is not responsible for interruption of accessibility caused by:

6.5.1. errors in the Registered User's hardware/equipment, connectivity network, Registered User Software, or malware in third party software products and MedLive, despite the fact that the MedLive has attempted to correct or circumvent the MedLive, cannot be remedied;

6.5.2. other circumstances for which the Registered User is responsible under the Agreement;

6.5.3. viruses or other attacks on security, despite the fact that MedLive has taken protective measures in a professional way; or

6.5.4. Circumstance constituting force majeure under section [14] below.

6.6. MedLive is solely responsible for the operation of the Website providing the provision of video meetings between Registered User and Caregiver and associated services, such as the storage of information and other information provided on the Website of MedLive. MedLive is not responsible for the care, information or recommendation that the Caregiver gives the Registered User in video conferencing or in writing via the Website.

6.7. Interruptions or errors in Website availability should be reported without delay to MedLive Customer Support at apoio@medlive.pt (24 hours).

6.8. Errors should primarily be rectified through malfunction, if this can happen without unreasonable cost or inconvenience to MedLive. MedLive is entitled to remedy the error at its own expense, provided that this can be done within a reasonable time and without significant inconvenience to the Registered User. If remediation cannot be made, the Registered User is entitled to reasonable deductions and, with the following restrictions, compensation for any confirmed direct damage.

6.9. MedLive is not responsible for errors that are due to the Registered User or any relationship to which the Registered User is responsible. MedLive is not responsible for any personal injury or other consequences that may result, directly or indirectly, from the use or misuse of the information provided, presented or referred to on the Site. MedLive’s liability is in any event limited to liability for direct, direct damage and to a maximum amount of one hundred (100) euros. MedLive thus does not respond to consequential damages, loss of profits, lack of expected savings and / or other indirect damage.

 

7. Indemnification & Exclusions and Limitations
7.1. The apps and the content and services provided by MedLive Websites are provided "as is”.

7.2. MedLive Websites cannot and do not assume any responsibility or liability for the use or misuse, by you or any third party, of any Content or other information submitted, transmitted, or received via our Apps.

7.3. The Apps and the Content are provided on as "as is" basis. Neither MedLive Websites, MedLive Websites experts may be held liable under this agreement for any damages other than direct damages, even if the party knows or should know that other damages are possible, or that direct damages are not a satisfactory remedy.

7.4. Specifically, and without limiting the foregoing, MedLive Websites and our suppliers, make no representations or warranties about: (i) the accuracy, reliability, completeness, currentness, or timeliness of the Content provided on or through the use of MedLive Websites, whether by MedLive Websites or any other party; or (ii) the satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with MedLive Websites. Any location data accessed via the Apps may be inaccurate or incomplete and any use of such data is at your own risk.

7.5. Neither MedLive Websites, the medical experts on MedLive Websites, or any of our licensors may be held liable under this agreement for more than one hundred euros (€100).

7.6. If you are dissatisfied with any of the content or materials on our site, or any services or information available through the site, your sole and exclusive remedy is to discontinue accessing and using our site. This limitation applies even if your remedies under this agreement fail of their essential purpose.

 

8. Intellectual and Property rights
8.1. Ownership, copyright and all other rights to MedLive trademark, company, and Website, as well as all documents used and / or provided by MedLive on the Site, such as but not limited to these general terms and conditions, belong to MedLive (or, where applicable, MedLive Licensor). 

8.2. MedLive thus reserves the exclusive right to use the above material. 

8.3. All copying, modification, transfer and/or other use of MedLive material not expressly permitted by the Agreement or MedLive’s instructions from time to time is forbidden. 

8.4. The Registered User confirms and agrees that unauthorized use of MedLive's intellectual property rights may, in addition to violating the Agreement, be criminal. MedLive reserves the right to take legal action in the event of such unauthorized use of MedLive's intellectual property rights.

8.5. Any intellectual property that arises as a result of MedLive Websites provision of the Website and/or other services to the Registered User shall be exclusive to the MedLive. Such exclusive right includes the right to freely alter, forward and forward such results.

 

9. Information uploaded to MedLive Websites
9.1. You agree that you will not upload or transmit any communications or content of any type that infringes or violates any rights of any party. 

9.2. MedLive Websites will be the owner of all the information submitted.

9.3. All the information uploaded to MedLive Websites, including but not limited to data, questions, comments, suggestions, business information, ideas, concepts or inventions, you make such submission without any restrictions or expectation of compensation or of confidentiality, and you agree that your submissions may be used without restriction for any purpose whatsoever, and you automatically grant or warrant that the owner of such content or intellectual property has expressly granted MedLive Websites the complete right to freely use such information in any way, commercial or otherwise, and for any purpose whatsoever.

9.4. All the information uploaded in accordance with the previous number will be treated as non-confidential and non-proprietary and will become the property of MedLive Websites and MedLive Websites shall be free to use any ideas, concepts, know-how, or techniques contained in any communication you send to MedLive Websites for any purpose whatsoever

9.5. Don't submit anything to us if you don't want to give us rights to it. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them on, through, or to MedLive Websites, by email or otherwise.

 

10. Cancellation of video meeting
10.1. Registered Users can cancel/undo the inbox video free of charge up to 24 hours before the video meeting will take place. If cancellation takes place as described above, payment paid for the video meeting will be refunded within 5 days.

10.2. The Registered User agrees that he has no cancellation/withdrawal right to order drop-in videoticking times as well as on occasions when Registered User submits a booked meeting later than 24 hours prior to the meeting. On such occasions, the Registered User is not entitled to repayment of the amount paid for the video meeting. 

 

11. Unauthorized use and information
11.1. MedLive seriously sees all Unauthorized use of the Account and Website in violation of these Terms and Conditions and/or MedLive at any time applicable policies regarding safety, ethics etc. MedLive will proactively take action against such established or foreseen unauthorized use.

11.2. MedLive reserves the right, with prior notice or notice to this, to the Registered User, at any time without liability for any consequences, to remove information from the Website, to turn off Registered User Account, or to take other actions due to Registered User's breach of contract or to protect the Site's reputation and reliability. In case of such shutdown, MedLive is also entitled to terminate the Agreement in accordance with Section 8.2 below.

11.3. If the Registered User has violated the Agreement or applicable right, or used the Site illegally or illegally, the Registered User is liable to replace and keep MedLive harmless from any damage caused by MedLive (including but not limited to Ombuds Fees, Costs and All Third-Party Claims).

11.4. MedLive may not provide such information about the Registered User as the Caregiver is responsible for personal data in accordance with applicable law, and as the Caregiver opposes or cannot publish on the Website.

 

12. Term and termination
12.1. The agreement is valid for the period from which the Registered User registered an Account at MedLive. Registered Users are always entitled to terminate the Agreement for immediate termination. In the event of such termination, MedLive shall promptly remove the Closed Account and remove all provided and stored information related to the Registered User.

12.2. MedLive is entitled to terminate the Agreement for immediate termination if the Registered User violates or is likely to breach these Terms of Agreement or other provision of the Agreement and, within thirty (30) days of written notice thereof, rectify. In the case of such termination, the Registered User Account will be terminated, after which the Agreement will terminate automatically. Information about the Registered User that is stored should also be removed promptly.

12.3. Registered Users who have been suspended from Account pursuant to this section are not entitled to re-register or register a new Account without special permission from MedLive.

 

13. Development and change of conditions 
13.1. MedLive reserves the right to change the scope and function of the Account and Website. Product and service development may include, but not only, layout, content, service or functionality, and may affect the Agreement. Such changes will be announced via the Website and/or Email. At any time, applicable general terms and conditions can be found on the website.

13.2. The Registered User is entitled to terminate the Agreement for immediate termination in case MedLive's change of the Site or the Agreement is a material disadvantage for the Registered User and, upon such termination, is entitled to repayment of any prepaid amount relating to the inbound but unpublished video meeting. 

 

14. Force Majeure 
MedLive does not compensate for damage caused by strike, fire, government, labour disputes, accident, delays or delays in subcontractors, downtime in public communications systems or other circumstances beyond MedLive control and which MedLive is not reasonably expected to expect and whose consequences MedLive may not reasonably avoid or overcome. In the event that circumstance pursuant to this paragraph persists for a period exceeding one (1) month, a party may terminate the Agreement with immediate effect. In such circumstances, the Registered User is entitled to repayment of the prepaid amount for the booked but unsuccessful video meeting.

 

15. Messages 
15.1. The Registered User must provide the e-mail address and telephone number to which the Registered User wishes that MedLive will send confirmation, reminder, and other messages from time to time. The Registered User is obliged to inform MedLive without delay of any changes in his / her contact details. Cancellation or other notices shall be by e-mail.

15.2. The message shall be deemed to have been received by the recipient; (a) if sent by e-mail, sms or fax: upon receipt of the acknowledgment of receipt; (b) if sent by registered letter: two working days after delivery for postal service; or (c) if submitted by tender: upon delivery.

 

16. Personal data 
16.1. The Registered User agrees that the MedLive handles personal information provided by the Registered User in connection with the conclusion of the Agreement as well as registration of Account. Such personal information is e.g. Data relating to the name, national ID number, SNS number, address, mobile phone number, e-mail address, any published symptom description and IP address and processed in order to provide the Registered User with the services through the Website that the Registered User has chosen to use in creating an account and in connection with the obtaining of information from meetings between the Registered User and the Caregiver. Such personal data are processed in order for MedLive to be able to complete the Agreement, for example, to allow for distance care services with a healthcare provider and for administration. Personal data may be used by MedLive as a basis for managing Registered User's commitments, business analysis, product development, and direct marketing through various media such as email. Personal data may be submitted to the Care Provider for the specified purposes.

16.2. The Registered User agrees that the MedLive handles the Registered User's personal information, including sensitive personal information, for the purpose of sending Registered User Messages by SMS and / or Email. Such messages may include meeting reminders, payment confirmations and prescription information.

16.3. The Registered User agrees that MedLive treats the Registered User's sensitive personal data, in order to send Registered User Information from the Caregiver via the Inbox on Registered User Account. Such sensitive personal data may include records such as medical certificates, drug instructions, prescribed medicines, exercise programs and sampling messages.

16.4. It is not possible for MedLive to specify the exact time and/or time period during which the Registered User's personal data will be processed. However, the Registered User's personal data will not be processed for a longer period than necessary to fulfil the purposes for which the data is processed.

16.5. The Registered User may at any time turn to MedLive to request access to and information about what personal data is being processed, correct any incorrect information, request that personal data be deleted, restrict processing of personal data, and in writing request that the data may not be used for direct marketing purposes, Object to the processing of personal data, or request to transfer personal data (the right to data portability).

16.6. At such request, MedLive can be contacted at apoio@medlive.pt.

16.7. MedLive is a personal information counsel for the personal data provided by the Healthcare Provider and its account and information from video meetings and MedLive undertakes to process the personal data of the persons concerned in accordance with applicable law and Carer instructions and to take the technical and organizational measures agreed and required to protect the data processed from unauthorized access, destruction and modification.

16.8. The Registered User's personal data can be transferred to other countries within the EU and EEA area, as MedLive uses subcontractors outside Portugal. The transfer of personal data is only in exceptional cases to third countries, i.e. Countries outside the EU and EEA area and provided that (i) the recipient is listed as a company that complies with the requirements of the EU Privacy Shield rules; Or (ii) MedLive entered into the EU's standard agreement with the recipient to ensure compliance with EU safeguard regulations as far as possible.

16.9. The Registered User is entitled to lodge a complaint with the Data Inspectorate or other relevant supervisory authority in the event that personal data processing does not comply with legal requirements.

 

17. Miscellaneous 
17.1. Registered User may not transfer the Agreement as well as rights and/or obligations arising from the Agreement to any other party.

17.2. MedLive has the right to hire a subcontractor for the fulfilment of its obligations under the Agreement.

 

18. Modification of Terms of Use
18.1. MedLive Websites reserves the right, at its sole discretion, to change, modify or otherwise alter these Terms of Use at any time, by posting the revised Terms of Use on the MedLive Websites.

18.2. Because your use of MedLive Websites means you agree to these Terms of Use, if we revise and update these Terms of Use, your continued use of MedLive Websites will mean that you accept those changes. You choose whether or not you use MedLive Websites. If you do not agree to all of these Terms of Use, please do not use MedLive Websites.

18.3. You hereby waive any right you might have to receive specific notice of such changes.

 

19. Dispute
These Terms of Use shall be governed by and construed in accordance with the laws of Portugal. Any disputes arising from this Terms of Use shall be settled by the judicial courts of Lisbon, the Parties expressly waiving the competence of any other courts.