General Terms and Conditions for users (patients)

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Agreement on the general terms and conditions

Doctena services belonging to the company DOCTENA S.A., has its legal address at 6 rue Adolphe L-1116 Luxembourg, RC B176487, 2013 registration number 2205 842, VAT LU 26156987 and provides services in several countries in Europe through the following national legal entities implementing dedicated web services solutions (website and web applications):

Doctena Austria (formally a3L e-solutions) – Mooslackengasse 17, A-1190 Wien (Austria)
Doctena Belgium Sprl – Square de Meeus 37, B-1000 Brussels (Belgium)
Doctena Switzerland GmbH – Hagenholzstrasse 83b, 8050 Zürich (Switzerland)
Doctena Germany GmbH – Platz vor dem Neuen Tor, 10115 Berlin (Germany)
Doctena Netherlands BV – Barbara Strozzilaan 201, 1083 HN Amsterdam (Netherlands)
Doctena Afspraken Sprl – Square de Meeus 37, B-1000 Brussels (Belgium)

The user (patient) is required to read these General Conditions carefully. By continuing the booking or signup when the “the general conditions and privacy notice” are presented, the user indicates to have taken full knowledge and accepts its content.

These terms and conditions are subject to change. When these Terms and Conditions change, the new version will be posted on the national website. On every new appointment booking (without Doctena account), the patient is requested to accept the latest general conditions.

The patient declares on his honour that the information he provides, whether it is information relating to his personal identity or others, are real and sincere. The patient is informed that the use of a false identity and the dissemination of false information may give rise to civil and/or criminal prosecution.

The use of Doctena services is strictly reserved for adults. Minors cannot send a request for consultation to a practitioner via Doctena services or and will only be able to submit a request for consultation via his/her legal guardian through the Doctena services. In the event that a minor uses a service without the consent of his legal guardian, Doctena disclaims all liability.

Service

The service offered by Doctena allows patients to find a practitioner, to have access to the consultation hours of the registered practitioner, to ask the practitioner for an appointment in their office for medical purposes, to conduct video consultations, to get confirmations of appointments, to be reminded of upcoming appointments and last-minute availabilities, to evaluate the quality of the service and to store medical information regarding the patient’s request while giving the practitioner the possibility to manage and organize his agenda and follow-up services and to provide feedback on appointments. To avoid that practitioners receive invalid bookings, our service may use the provided mobile number and/or email address to verify the patient is who he/she claims to be.

The user is informed that Doctena has no responsibility regarding the accuracy of information provided by the practitioner regarding the date and hour of the appointment or any other information. Doctena has no responsibility to manage cancellations within a few minutes of these appointments, which must be managed directly between the patient and the practitioner.

Doctena itself does not provide medical advice. The service is limited to the publication of consultation times of participating practitioners, providing the technical solution for online video consultations and the follow-up services related to appointments.

The user is informed that Doctena has no responsibility for responding to medical, dental, surgical or any other type of emergency. In case of emergency, Doctena recommends calling emergency services or calling local emergency services () 112).

Video consultations

The video consultation service provided by Doctena ensures a secure one to one encrypted channel between the patient and the practitioner. In providing this service Doctena respects all privacy rules as stipulated in our privacy policy

Doctena is the intermediary between the patient and the practitioner, enabling them to carry out a remote consultation by video transmission and its related communications (voice, chat, …). Doctena shall not be held liable for delays or cancellations by the practitioner.

Neither patient or the practitioner is not allowed to record, copy or broadcast any content or extracts of content in connection with the Video consultation, regardless of the means, medium, process or purpose. Both are informed that any infringement of the right to image, respect for privacy or professional and medical confidentiality may be subject to sanctions, including criminal sanctions. At no moment a third party, Doctena staff or our service providers are able to see or record any of the Video consultation’s contents.

The patient acknowledges that there may be charges for the Video consultation service issued by the practitioner. It is the practitioner and the patient’s responsibility to inform and to be informed about these charges.

The equipment (smartphone, internet connection, etc.) enabling access and use of the Video consultation service shall be at the sole expense of the patient, as shall the related electronic communication costs (in particular telephone costs, internet access costs). It is up to the patient to obtain information on the price of use of the before mentioned equipment or services from the operators before using the Video consultation service.

The patient is invited to ensure ahead of time the following conditions are met during the Video consultation

  • have at least the following equipment:
    • a sufficiently recent smartphone or computer
    • a camera with satisfactory resolution
    • a microphone
    • an internet connection with sufficient speed
  • allow video and audio permissions to our Video consultation service when requested
  • ensure a silent and sufficiently illuminated environment
  • ensure there are no firewall protections in place that prevent the Video consultation

If environment, equipment or permissions conditions are not satisfied, the practitioner may terminate the Video consultation and, if he or she deems it appropriate, charge the patient for costs relating to the procedures already carried out. In case the patient feels negatively impacted due to degraded performance or quality during the Video consultation, he is obliged to communicate this to the practitioner.

The practitioner is the sole judge of the appropriateness of remote treatment of the patient and may interrupt the Video consultation if necessary if the conditions for remote treatment are not met. The duration of a Video consultation is left to the practitioner’s discretion. During the Video consultation, the patient must comply with the instructions specified by the practitioner for optimal care or diagnosis. The practitioner carries out the Video consultation in complete independence, in accordance with the ethical and legal obligations incumbent upon them. The Video consultation takes place under the exclusive responsibility of the patient and the practitioner.

As part of the Video consultation it is possible for patient/practitioner to share their screen with the aim to provide more information related to the consultation. Both parties commit to treating data shared using this screen sharing with the same rules that apply to video consultation in general.

All video consultation and screen sharing traffic is always encrypted end-to-end. Under certain network circumstances, your media may need to be routed via servers in Germany to bypass your firewall.

Personal data

In addition to the clauses governed by this Agreement, Doctena commits to implement all necessary measures to comply with the Applicable Laws regarding the processing of personal data as well as the special clauses included in the specific agreement governing these same treatments.

For the purposes of this clause:

Applicable Laws means all applicable laws, regulations and laws relating to marketing, promotions, data protection and privacy (and all codes of practice and guidelines issued by a relevant regulatory body), including the REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) , Directive 2009/139 / EC, all national legislation transposing the previous Regulation and Directives (and any related legislation), and any code of practice relating thereto;

Specific agreement means all the clauses annexed to this agreement relating to the conditions for the implementation of personal treatment and described in the Privacy Policy of Doctena Services.

Doctena expressly invites the User to consult the document entitled “the Privacy Policy” of Doctena Services which forms an integral part of these Terms and conditions of Use in order to be informed about the Doctena Personal Data Policy.

Responsibility of Doctena service

Doctena makes sure to provide its users with a quality service and to resolve as soon as possible any system failures that may occur. As far as practicable, Doctena will notify its users in advance on any availability restriction due to maintenance activities.

The user is informed that communication transmission systems, computer systems providing web portal hosting or practitioners’ computers may be susceptible, like any computer system, to failures. The user hereby waives all recourse against Doctena or its affiliate entities due to a technical failure in the use of the services offered or a failure of use by the practitioner. Doctena implements best practices to supply high availability, confidentiality and integrity for its services, but Doctena is only subject to an obligation of means in this respect. The user is not allowed to claim compensation for a malfunction of communication systems or computer equipment outside Doctena’s power.

Practitioners registered on Doctena services take full responsibility for the management of their agenda.

To protect the confidentiality of information in transit, Doctena implements specific security measures to ensure the security of communication over internet. The user is informed that Doctena is not responsible for breaches of the confidentiality of electronic messages or other information transmitted due to improper implementation by the user of the security instructions associated with their own system.

Confidentiality of data

The user is informed that, exceptionally, a limited group of Doctena technical staff may access users’ confidential data for reasons related to the maintenance or repair of its service. The user is also informed that this staff has contractually agreed not to disclose this information and is bound by a non-disclosure agreement. However, this information could be disclosed in case of legal pursuits or legal investigations.

Applicable law

These conditions of use are governed by Luxembourg law. In case of dispute, the Courts of the City of Luxembourg will be exclusively competent. The invalidity of a clause of these general conditions, for any reason whatsoever, has no effect on the other clauses of these terms.

For any legal or ethical question, the legal department of DOCTENA S.A. can be contacted by email at the following address: legal [at] doctena.com.

Online disputes

The EU Commission has set up a website for online dispute resolution between businesses (practitioner) and consumers (patient), which you can access at http://ec.europa.eu/consumers/odr/. We would like to point out that we do not participate in any dispute resolution proceedings before a consumer arbitration board and are not obliged to do so.

The Doctena Terms and Conditions were last updated on April 23th, 2020