VIDEODOC TERMS AND CONDITIONS

VIDEODOC IS NOT FOR MEDICAL EMERGENCIES OR URGENT SITUATIONS. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL 999 or 112 IN EUROPE

You may access Our Apps and Websites subject to Our Terms and Conditions below.  On desktop and laptop, we currently support Chrome (Latest) and Firefox (Latest).  We do not support Internet Explorer or Safari.

This Policy dated 3rd January, 2017 should be read in conjunction with Our VideoDoc Privacy and Medical Consent Policies.

The Irish Medical Council, Guide to Professional Conduct and Ethics for Registered Medical Practitioners, 8th Edition 2016, guidance is to share telemedicine consultations with patient’s own General Practitioner (“GP”).  We request that via Our Website www.videodoc.ie you print off, email, or fax your Consultation Reports to your own GP as part of this agreement.

By accepting these Terms and Conditions, Our Privacy Policy and Medical Consent Policy you authorise the Doctor you will see and VideoDoc to use and release the treatment information (“sensitive information”) obtained during this consultation and held by VideoDoc for purposes of your treatment and ongoing health care. You consent that this release includes your primary GP, nominated pharmacy and any family or persons involved in your care.  If you do not wish us to release this information, please notify the Doctor.  If you are entitled to free or subsidised consultations through Insurer, Employer or Group, we will release your name, date of birth and policy number to Insurer, Employer or Group to assist in reimbursement.  We will not release information to Insurer, Employer or Group about your consultation without your express consent.

Your agreement to comply with and be bound by these Terms and Conditions including Our Terms of Service, is deemed to occur upon your first use of Our Apps and Websites. Further, you will be required to accept Our Medical Consent, Privacy Policy and these Terms and Conditions (collectively Our “Policies”) when accessing Our Services.

The VideoDoc Service is provided by VideoDoc Limited.  VideoDoc Limited, (herein after “VideoDoc”) is a company registered in Ireland No. 574808. Registered office: 8 The Mall, Beacon Court, Sandyford, Dublin 18, D18 C2D0, Republic of Ireland. Our Website www.videodoc.ie Email: info@videodoc.ie

Questions, concerns or complaints about the VideoDoc Products and Services should be addressed to VideoDoc at the above address, or telephone: 01 9073400.  Or, by email: info@videodoc.ie

WHAT IS VIDEODOC

VideoDoc is a private healthcare service which enables patients to hold on-demand and by appointment; secure, high-definition, face-to-face, real-time; video, telephone, and online-chat/message consultations with “Healthcare Providers” including; Irish Medical Council (“IMC”) registered General Practitioners

VideoDoc is not intended to replace the relationship with patients’ existing GP or Healthcare Providers.  It is a complementary service offering the advantages of convenience and accessibility to a broad range of healthcare services.  VideoDoc is not an emergency service provider.

VideoDoc charges via an annual or monthly subscription (“Subscription”) or pay-as-you-go model (“Self-Pay”), or is paid in full or part by patients’ healthcare insurer, Employer or other Group (“Group/Insurer”), or using a simple pre-paid coupon code (“Coupon”).

VIDEODOC SERVICE

When accessing Our VideoDoc Service using Our Mobile Applications and Websites we ask that you make, a few commitments to us to ensure that you receive care personalised to you and to protect you against the risk of receiving treatment that is inappropriate or unsafe.

We think it is important for you to read and fully understand those commitments, so we have repeated the most important immediately below.  In turn, we commit that Our healthcare providers will assess your individual needs and fully inform you of your options and their recommended treatments or procedures, and explain the risks and benefits of each. That the result will be the highest quality of healthcare, treating you with the utmost courtesy and, always, your consultation and/or treatment will be carried out in the strictest confidence, protecting your privacy.

We ask that:

  1.  You commit you are the person registering and not presenting yourself as someone else or acting as an agent or, on behalf of somebody else;
  2.  You will only register once with VideoDoc unless you are registering for a dependant or a person in your care;
  3.  You agree to protect the privacy and security of all Users (Patients, Doctors, all Our Healthcare Providers and VideoDoc Employees) and not to make independent recordings of consultations, to capture images or take screen shots or similar. All necessary details of your consultations are stored for your benefit in your own Consult History and Patient Information (Personal Profile, Health and Social History (collectively “Electronic Health Record”). We respect your privacy and do not record consultations with Our Healthcare Providers. We may record your telephone calls with Our VideDoc Care Team who will assist you with general and technical enquiries;
  4.  You commit that any information you provide VideoDoc and its Healthcare Providers will be accurate and not to omit anything of relevance or importance which for the avoidance of doubt includes, current and past, medications and conditions;
  5.  That you will maintain and ensure that your Patient Information (Personal Profile, Health and Social History), is current and correct at the time of any appointment or consultation;
  6.  That you will promptly notify and/or correct any part of your Patient Information (Personal Profile, Health and Social History), which is incomplete or inaccurate including any Advice (see below), opinions, tests, prescriptions or imaging you have received from all sources;
  7.  That you will comply with all instructions and advice given to you by VideoDoc and its Healthcare Providers, subcontractors and third parties for your continuing care;
  8.  That you will comply with the manufacturers’ instructions and guidance as to the use of any medicine (OTC or Prescription) including method, timing, dosages, potential adverse reactions or side effects, expiry dates etc., and the instructions of any Pharmacist dispensing following a VideoDoc consultation;
  9.  That you will promptly report any side effects of any prescription to an appropriate Healthcare Provider;
  10. If you have any concerns or are in any doubt regarding any information or Advice you have received or failed to receive via Our Products and Services, or regarding your health, wellbeing or any conditions, you will immediately seek a further medical opinion from a registered GP or suitable Healthcare Provider not affiliated with VideoDoc and/or shall utilise the emergency services as necessary; and
  11. You agree that VideoDoc and/or VideoDoc may use Anonymised Data in the improvement of its Services and in the development of its business with third parties.  In this context, Anonymised Data refers to data from which the patient cannot be identified.

ELIGIBLE INSURER, EMPLOYER OR GROUP MEMBERS – HAVE YOUR POLICY NUMBER ON FIRST TIME REGISTRATION

If you have a valid Subscription, or are eligible for free or subsidised consultations, when you register or update your Personal Profile, please enter the name of the Subscription, Insurer, Employer or Group” in the Insurer/Group field and your Subscription, Policy, Employer or Group Number when you register. You will only need to do this once.  Alternatively, you can enter a “Coupon Code” on the payment page.

DEFINITIONS AND INTERPRETATION

  1. Definitions and Interpretation

In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

1.1 “VideoDoc / VideoDoc /Our/Us” means VideoDoc Limited, 8 The Mall, Beacon Court, Sandyford, Dublin 18, D18 C2D0, Ireland;

1.2 “User” means any patient, customer, third party, healthcare provider (registered Irish Medical Council (“IMC”) General Practitioners that accesses the Apps and Websites or orders Products and Services from VideoDoc or its subsidiaries or affiliates and is not directly employed by VideoDoc or acting during their VideoDoc employment;

1.3 Republic of Ireland and European Law (“ROI and EU Law”) means the Data Protection Act 1988 as amended by the Data Protection (Amendment) Act 2003 and the Data Protection (Access Modification) (Health) Regulations 1989 and the ePrivacy Regulations 2011 (S.I. 336 of 2011) which gives effect to the EU ePrivacy Directive 2002/58/EC (as amended by Directive 2006/24/EC and 2009/136/EC); and the European Union (Consumer Information, Cancellation And Other Rights) Regulations 2013 (Si 484/2013), (Distance Selling Regulations);

1.4 “Apps and Websites” means the Application (IOS or Android) or Website, including Mobile Website that you are currently using including www.videodoc.ie and any sub-domains of these websites unless expressly excluded by their own terms and conditions;

1.5 “Account” means an account required for a User to access and/or use certain areas of Our Apps and Websites;

1.6 “Content” means all files, documents, text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored in an application (IOS or Android) or on a computer that appears on, or forms part of, Our Apps and Websites;

1.7 “User Content” means any content submitted to Our VideoDoc Apps and Websites by Users including, but not limited to sensitive personal information (Personal Profile and Personal Health Record) including name, date of birth, state of health, ailments, allergies, diseases or disabilities, medications, physical and mental characteristics, past medical records, photographs, family information, medical diagnoses and notes, details of past consultations; and financial information such as credit and debit card numbers;

1.8 “Healthcare Providers” means Irish Medical Council (“IMC”) registered General Practitioners.  All Healthcare providers are independent of VideoDoc and not employees or agents unless specified in an appointment or consultation;

1.9 “Third Party Apps and Websites” means Apps and Websites not owned by VideoDoc or any of its subsidiaries or affiliates;

1.10 “Advice” means any communication, diagnosis, discharge, advice or other Services in any form provided or facilitated by VideoDoc or its Healthcare Providers, other independent Healthcare Providers, and third parties through the Apps and Websites or otherwise or facilitated by VideoDoc during, or outside an appointment or consultation or within Apps and Websites;

1.11 “Products” means any physical item Ordered including but not limited to a Test, Prescription or Activity Device from or facilitated by VideoDoc, its Healthcare Providers, other independent Healthcare Providers, or third parties through the Apps and Websites or otherwise;

1.12 “Services” means any Service to a User including Advice, provided by VideoDoc or its Healthcare Providers, other independent Healthcare Providers, or third parties through the Apps and Websites or otherwise or facilitated by VideoDoc;

1.13 “Third Parties” means any entities providing Products and Services through the Company or its App or ordered through VideoDoc or its Apps and Websites, including independent healthcare providers, subcontractors, agencies and suppliers other than VideoDoc and its subsidiaries or affiliates;

1.14 “Products and Services” means the Products and Services provided by or via VideoDoc to you as specified in your Orders;

1.15 “Contract” means a contract for the purchase and sale of Products and Services, as explained in Clause 21;

1.16 “Order” means your order for the Products and Services which may or may not require a payment of monies;

1.17 “Order Confirmation” means Our VideoDoc acceptance and confirmation of your Order.

MOBILE APPLICATIONS AND WEBSITES (APPS AND WEBSITES) USAGE

  1. Access to Our Apps and Websites

You may access Our Apps and Websites from anywhere subject to Republic of Ireland and European Law (including the Cross-Border Directive) and the applicable laws in your location. It is your responsibility to confirm that you comply with, all applicable laws and regulations. You may access Our Apps and Websites if you are, and if you are not, a policy holder or customer of Insurer, Employer or Group or VideoDoc.

2.1 On desktops and laptops, we currently support Chrome (Latest) and Firefox (Latest).  We do not support Internet Explorer or Safari.

2.2 Our Services do not work on the Mobile Device Versions of Chrome and Firefox as commonly found on an iPad or iPhone and some Lap Tops.  Please download Our Apps and Androids in the Apple Store or Google Play Store.

2.3 Access to Our Apps and Websites is provided “as is” and on an “as available” basis. VideoDoc may alter, suspend or discontinue Our Apps and Websites (or any part of it) at any time and without notice. VideoDoc will not be liable to you in any way if Our Apps and Websites (or any part of it) is unavailable at any time and for any period.

  1. Accounts

3.1 Certain parts of Our Apps and Websites (including the ability to purchase healthcare services from VideoDoc may require that you create (“register”) an Account to access them.

3.2 You may not register an Account if you are under 16 years of age. If you are under 16 years of age and wish to use the parts of Our Apps and Websites that require an Account, your parent, guardian or carer should register their own Account and register you as their Dependant. Dependants must only access the Account with the supervision of their parent, guardian or carer.

3.3 When creating an Account, the information you provide must be accurate and complete. If any of your information changes later, it is your responsibility to ensure that your Account is up-to-date.

3.4 VideoDoc require that you choose a strong password for your Account, consisting of at least 8, at most 20, characters including 1 lowercase, 1 uppercase and 1 number.

3.5 It is your responsibility to keep your password safe. You must not share your password or Account with anyone else. If you believe your Account has or is used without your permission, please contact VideoDoc immediately. VideoDoc will not be liable for any unauthorised access to your Account.

3.6 Any personal information you provide or store in your Account will be collected, used, and held in accordance with your rights and Our VideoDoc ‘s obligations under ROI and European Law as appropriate and as set out in Clause 34 and in Our Privacy Policy and Medical Consent.

3.7 If you wish to close your Account, you may do so at any time, requesting us by email.  Closing your Account will result in the removal of your access through Our VideoDoc Apps and Websites to your information including your Personal Health Records.  It will not remove any information we have already collected which we are required to maintain in line with Our data retention policies, best practice, the relevant data protection acts and to use in anonymised form.

  1. Intellectual Property Rights and Trade Marks

4.1 VideoDoc contains, embodies and is based upon worldwide patented or patentable inventions, trade secrets, copyrights and other intellectual property rights (collectively, “Intellectual Property Rights”) owned by or under licence by VideoDoc and its licensors. All Content (including User Content) is protected by applicable Republic of Ireland, European and International intellectual property laws and treaties.

4.2 The VideoDoc Apps and Website logos and trademarks are owned by or licensed to VideoDoc.  VideoDoc hereby reserve all rights to their respective use.

4.3 You may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner, re-use Content from Our Apps and Websites unless given express written permission to do so by VideoDoc.

4.4 This Agreement does not convey to you title or ownership of VideoDoc Apps and Websites. You shall not remove, replace or obscure trademarks or proprietary notices contained in or displayed by VideoDoc.

4.5 Any printouts made of content obtained through VideoDoc must include a recognition and Our copyright notice, ©VideoDoc Limited.  VideoDoc is a registered trademark VideoDoc LTD.  This Agreement does not confer any licence or right to use any trademark of  VideoDoc or its licensors or suppliers without the express written permission of VideoDoc.

4.6 With these restrictions, VideoDoc grants you a limited licence to access and make personal use of the Apps and Websites and not to modify, any portion, except with express written consent. This licence does not include any resale or commercial use of the Apps and Websites or content; any derivative use of the Apps and Websites or contents; or any use of data mining, robots, or similar data gathering and extraction tools.

4.7 The Apps and Websites or any portion of the Apps and Websites may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of VideoDoc. Any unauthorised use terminates the permission or licence granted by VideoDoc.  You may not use any logo or other proprietary graphic or trademark of Insurer, Employer or Group or VideoDoc as part of the link without VideoDoc’s prior permission.

4.8 Subject to sub-Clauses 4.6 you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Apps and Websites unless given express written permission to do so by VideoDoc.

4.9 You may:

4.9.1 Access, view and use Our Apps and Websites in an application (IOS or Android) or web browser (including any web browsing capability built into other types of software or app);

4.9.2 Download Our Apps and Websites (or any part of it) for caching;

4.9.3 Print pages from Our Apps and Websites;

4.9.4 Download extracts from pages on Our Apps and Websites; and

4.9.5 Save pages from Our Apps and Websites for later and/or offline viewing.

4.10 Our status as the owner and author of the Content on Our Apps and Websites (or that of identified licensors, as appropriate) must always be acknowledged, ©VideoDoc Limited.

4.11 You may not use any Content saved or downloaded from Our Apps and Websites for commercial purposes without first obtaining a licence from VideoDoc (or Our VideoDoc licensors, as appropriate) to do so. This does not prohibit the normal access, viewing and use of Our Apps and Websites for general information purposes.

4.12 Nothing in these Terms and Conditions limits or excludes the provisions of the Copyright and Related Rights Act 2000, covering the making of temporary copies; the making of personal copies for private use; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.

  1. User Content

5.1 An Account is required if you wish to submit User Content. For terms and conditions pertaining to Accounts, please refer to Clause 3.

5.2 You agree that you will be solely responsible for your User Content. Specifically, you agree, represent and warrant that you have the right to submit the User Content and that all such User Content will comply with Our Acceptable Usage Policy, detailed below in Clause 12.

5.3 You agree that you will be liable to VideoDoc and will, to the full extent permissible by law, indemnify VideoDoc for any breach of the warranties given by you in these Terms and Conditions. You will be responsible for any loss or damage suffered by VideoDoc Limited from a breach.

5.4 You retain ownership of your User Content and all intellectual property rights subsisting therein. When you submit User Content you grant VideoDoc an unconditional, fully transferable, royalty-free, worldwide licence to use, store, archive your User Content for the purposes of operating and promoting Our Apps and Websites and for providing you with and improving Our VideoDoc and VideoDoc healthcare products and services including the use of that data in anonymised form. We will not share your personal data with a third party other than your Healthcare Provider or without your permission other than set out in Our Privacy Policy.

  1. Disclaimers

6.1 Apps and Websites are not suitable for any condition that should reasonably require face to face analysis, diagnosis or treatment, or for sourcing any Product and Service urgently for a medical emergency or acute condition.

6.2 VideoDoc cannot guarantee continuity of care through the same Healthcare Provider.

6.3 The Content on Our Apps and Websites does not constitute advice on which you should rely. It is provided for general information purposes only. Our Healthcare Providers” independently provide their services direct to you for the diagnosis and treatment of medical issues (“Telemedicine Products and Services”). Participating Healthcare Providers are independent registered healthcare providers unless otherwise stated.

6.4 VideoDoc make no representation, warranty, or guarantee that Our Apps and Websites will meet your requirements, that it will be of satisfactory quality, that it will be fit for a purpose, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.

6.5 VideoDoc make reasonable efforts to ensure that the displayed Content on Our Apps and Websites is complete, accurate, and up-to-date. VideoDoc does not make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.

  1. Our Liability

7.1 VideoDoc is not responsible for any loss or damage caused by Healthcare Providers (except to the extent the Healthcare Provider is an employee of VideoDoc or acting within the scope of their employment), other Healthcare Providers, subcontractors or Third Parties unless caused by the negligence, material breach or wilful default of VideoDoc. Users should seek remedies direct from the other Healthcare Providers, subcontractors or Third Parties.

7.2 To the full extent permissible by law, VideoDoc accepts no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Apps and Websites or the use of or reliance upon any Content included on Our Apps and Websites.

7.3 To the full extent permissible by law, VideoDoc exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Apps and Websites or any Content included on Our Apps and Websites.

7.4 VideoDoc takes all reasonable steps to ensure that Our Apps and Websites are free from viruses and other malware, however VideoDoc accepts no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Apps and Websites (including the downloading of any Content from it) or any other Apps and Websites referred to on Our Apps and Websites.

7.5 VideoDoc neither assume nor accepts responsibility or liability arising out of any disruption or non-availability of Our Apps and Websites resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.

7.6 The liability of the Company from its Products and Services whether under contract, tort/delict, statute, common law or otherwise (and including for negligence or wilful default) shall not in any circumstances exceed:

(a) €1,000 in aggregate in relation to any products; and

(b) €1,000,000 in aggregate otherwise.

7.7 Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability, which cannot be excluded or restricted by law.

  1. Your Liability

8.1 You commit that you are the person registering and not presenting yourself as someone else or acting as an Agent or, on behalf of somebody else.

8.2. You will only register once with VideoDoc unless you are registering for a dependant or a person in your care.

8.3 You agree to protect the privacy and security of all Users (Patients, Irish Medical Council (“IMC”) Doctors, all Our Healthcare Providers and VideoDoc Employees) and not to make independent recordings of consultations, to capture images or take screen shots or similar. All necessary details of your consultations are stored for your benefit in your own Consult History and Patient Information (Personal Profile, Health and Social History (collectively “Electronic Health Record”). We respect your privacy and do not record your consultations.

8.4 You commit that any information you provide VideoDoc and its Healthcare Providers will be accurate and not to omit anything of relevance or importance which for the avoidance of doubt includes, current and past, medications and conditions.

8.5 That you will maintain and ensure that your Patient Information (Personal Profile, Health and Social History) is current and correct at the time of any appointment or consultation.

8.6 That you will promptly notify and/or correct any part of your Patient Information (Personal Profile, Health and Social History), which is incomplete or inaccurate including any Advice (see below), opinions, tests, prescriptions or imaging received.

8.7 That you will comply with all instructions and advice given to you by VideoDoc and its Healthcare Providers, subcontractors and third parties for your continuing care.

8.8 That you will comply with the manufacturers’ instructions and guidance as to the use of any medicine (OTC or Prescription) including method, timing, dosages, potential adverse reactions or side effects, expiry dates etc., and the instructions of any Pharmacist dispensing because of, a VideoDoc appointment or consultation.

8.9 That you will promptly report any side effects of any prescription to an appropriate Healthcare Provider.

8.10 If you have any concerns or are in any doubt regarding any information or Advice you have received or failed to receive via Our Products and Services, or regarding your health, wellbeing or any conditions, you will immediately seek a further medical opinion from a registered GP or suitable Healthcare Provider not affiliated with VideoDoc and/or shall utilise the emergency services as necessary.

  1. Third Party Apps and Websites

9.1 As a convenience to Our Users, the Apps and Websites may include links (including hypertext) to Third Party Websites or material, which is beyond Our control. When you activate any of these you will leave Our Apps and Websites and VideoDoc has no control over and will accept no responsibility or liability for the material on any App and Website, which is not under the control of VideoDoc.

  1. Advertising and Sponsorship

10.1 Part of the Apps and Websites may contain advertising and sponsorship, including advertising and sponsorship by VideoDoc.  Advertisers and Sponsors are responsible for ensuring that material submitted for inclusion on the Website complies with relevant laws and regulations and codes. VideoDoc will not be responsible for any error or inaccuracy in advertising and sponsorship material.

10.2 To the full extent permissible by law, VideoDoc accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or about the use of (or inability to use) Our Apps and Websites or the use of or reliance upon any Content included on Our Apps and Websites.

  1. Viruses, Malware and Security

11.1 VideoDoc take all reasonable steps to ensure that Our Apps and Websites are secure and free from viruses and malware. VideoDoc do not, however, guarantee that Our Apps and Websites are secure or free from viruses or other malware and accept no liability in respect of the same.

11.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.  You must not deliberately introduce viruses or other malware, or any other material, which is malicious or technologically harmful either to or via Our Apps and Websites.

11.3 You must not attempt to gain unauthorised access to any part of Our Apps and Websites, the server on which Our Apps and Websites is stored, or any other server, computer, or database connected to Our Apps and Websites.

11.4 You must not attack Our Apps and Websites by means of a denial of service attack, a distributed denial of service attack, or by any other means.

11.5 By breaching the provisions of sub-Clauses 11.3 and 11.4, you may be committing a criminal offence under the Criminal Damage Act 1991 and the Criminal Justice (Theft and Fraud Offences) Act, 2001 and under similar legislation in Europe. All, such breaches will be reported to the relevant law enforcement authorities and VideoDoc will cooperate fully with those authorities by disclosing your identity to them. Your VideoDoc right to use Our Apps and Websites will cease immediately in the event of such a breach.

  1. Acceptable Usage Policy

12.1 You may only use Our Apps and Websites in a manner that is lawful and that complies with the provisions of this Clause 12.1.

12.2 You agree that VideoDoc may limit, restrict or remove your right to any or all, of its Services, without reason or notice, where in VideoDoc’s sole opinion your usage of the VideoDoc Services exceeds VideoDoc’s current Acceptable Usage Policy, as determined from time to time.

12.3 Specifically when submitting User Content (or communicating in any other way using Our Apps and Websites), you must not submit, communicate or otherwise do anything that is; sexually explicit; obscene, deliberately offensive, hateful or otherwise inflammatory; promotes violence; promotes or assists in any form of unlawful activity; discriminates against, is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation or age; is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person; is calculated or is otherwise likely to deceive; is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy; misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive.

12.4 You must not infringe, or assist in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trademarks and database rights) of any other party; or is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

12.5 VideoDoc reserve the right to suspend or terminate your access to Our Apps and Websites without notice if, in Our sole opinion, you materially breach the provisions of this Clause or any of the other provisions of these Terms and Conditions.

12.6 VideoDoc hereby exclude all liability arising out of any actions (including, but not limited to those set out above) that VideoDoc may take in response to breaches of these Terms and Conditions.

ELECTRONIC HEALTH RECORD (“EHR”)

  1. Sensitive Personal Information

13.1 To assist your online consultation VideoDoc enables you to create a location in the cloud where you can upload, store and access your Personal Profile, Health and Social History (collectively “Electronic Health Record”) including your medical history, symptoms, complaints, allergies and medications. VideoDoc also provides the ability for your Healthcare Providers to add notes to your VideoDoc Electronic Health Record. Any information provided as part of a video, telephone, secure chat session and/or email consultation becomes part of your VideoDoc Electronic Health Record. You agree to periodically update your information and to provide complete and accurate information about yourself.

13.2 VideoDoc reserves the right to remove access to your VideoDoc Electronic Health Record and/or to remove your VideoDoc Electronic Health Record from Our servers or to levy a charge to maintain access to your online VideoDoc Electronic Health Record. This does not affect any of your statutory rights to access information VideoDoc holds about you including your VideoDoc Electronic Health Record.

13.3 The Republic of Ireland Medical Council, Guide to Professional Conduct and Ethics for Registered Medical Practitioners, 8th Edition 2016, principles based guidance is to share your doctor consultation with your IMC registered General Practitioner (“GP”).  If you have shared your GP’s details with us we may inform them of your consultation unless you expressly request Our doctor that we do not.  You can also choose to share your personal electronic health records, consultation or medical history with your own carers and healthcare providers seamlessly from within Our Apps and Websites.

TERMS OF SERVICE

  1. Products and Services, Pricing and Availability

14.1 VideoDoc make all reasonable efforts to ensure that all general descriptions of the Products and Services available from VideoDoc correspond to the actual Products and Services that will be provided to you, however please note that the exact nature of the Products and Services may vary depending upon your individual requirements and circumstances.

14.2 Please note that sub-Clause 14.1 does not exclude responsibility for mistakes due to negligence on Our part and refers only to variations of the correct Products and Services, not to different Products and Services altogether.

14.3 VideoDoc neither represent nor warrant that all Products and Services will be available always and cannot necessarily confirm availability until confirming your Order. Availability indications are not provided on Our Apps and Websites.

14.4 VideoDoc make all reasonable efforts to ensure that all prices shown on Our Apps and Websites are correct at the time of going online. VideoDoc reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. All pricing information is reviewed and updated daily. Changes in price will not affect any Order that you have already placed (please note sub-Clause 14.5.3 regarding VAT), however.

14.5 VideoDoc checks all prices when VideoDoc process your Order. In the unlikely event that VideoDoc have shown incorrect pricing information, please note the following:

14.5.1 VideoDoc will contact you in writing or by telephone to inform you of the mistake and to ask you how you wish to proceed. VideoDoc will give you the option to purchase the Products and Services at the correct price or to cancel your Order (or the affected part thereof). VideoDoc will not proceed with processing your Order until you respond. If VideoDoc do not receive a response from you within 7 days, VideoDoc will treat your Order as cancelled and notify you of the same in writing;

14.5.2 If the price of Products and Services you have ordered changes between your Order being placed and VideoDoc processing that Order and taking payment, you will be charged the price shown on Our Apps and Websites at the time of placing your Order; and

14.5.3 All prices on Our Apps and Websites include VAT where applicable. If the VAT rate changes between your order being placed and VideoDoc taking payment, the amount of VAT payable will be automatically adjusted when taking payment.

14.6 Subscriptions in our Apps and Websites are calculated annually or monthly and payable in advance.

14.7  You acknowledge that subscriptions will automatically renew upon the end of the agreed term, unless you provide a written request to cancel the subscription prior to the end of the relevant subscription period.

  1. Orders – How Contracts Are Formed

15.1 Our Apps and Websites will guide you through the ordering process. Before submitting your Order to VideoDoc, you will be either requested to confirm your Order by accepting Our Terms and Conditions, Privacy Policy and Medical Consent or given the opportunity to review your Order and amend any errors. Please ensure that you have checked your Order carefully before submitting it.

15.2 No part of Our Apps and Websites constitutes a contractual offer capable of acceptance. Your VideoDoc Order constitutes a contractual offer that VideoDoc may, at Our sole discretion, accept. Our acknowledgement of receipt of your Order does not mean that VideoDoc has accepted it. Our acceptance is indicated by either your entry into a VideoDoc Waiting Room for a consultation with a Healthcare Provider where you will also be asked to confirm your personal details or by VideoDoc sending you an Order Confirmation by telephone or email. A telephone order confirmation is a legally binding contract. In the case of an email only once VideoDoc has sent you an Order Confirmation will there be a legally binding contract between VideoDoc and you (“the Contract”).

15.3 Order Confirmations shall contain the following information:

15.3.1 Confirmation of the Products and Services ordered including full details of the main characteristics of those Products and Services;

15.3.2 Fully itemised pricing for the Products and Services ordered including, where appropriate, taxes and other additional charges;

15.4 If VideoDoc, for any reason, does not accept or cannot fulfil your Order, no payment shall be taken under normal circumstances. If VideoDoc has taken payment any such sums will be refunded to you as soon as possible and in any event within 7 (seven) days;

15.5 If you change your mind, you may cancel your Order or the Contract before or after VideoDoc begin providing the Products and Services subject to these Terms and Conditions. For details of your cancellation rights, please refer to Clauses below.

15.6 VideoDoc may cancel your Order at any time before VideoDoc begin providing the Products and Services in the following circumstances;

15.6.1 The required personnel and/or required materials necessary for the provision of the Products and Services are not available; or

15.6.2 An event outside of Our control (please refer to Clauses below for events outside of Our control).

15.7 If VideoDoc cancel your Order under sub-Clause 15.6 and VideoDoc has taken payment any such sums will be refunded to you as soon as possible and in any event within 7 days. If VideoDoc cancel your Order, you will be informed by email.

  1. Provision of the Products and Services

16.1 VideoDoc will begin providing the Products and Services on the date agreed when you make your Order (which VideoDoc shall confirm in the Order Confirmation). Please note that if you request that the Products and Services begin within the statutory 14 (fourteen) calendar day cancellation (or “cooling off”) period, your right to cancel may be limited or lost. Please refer to Clause 17. for your statutory cancellation rights. VideoDoc will use all reasonable endeavours to provide the Products and Services with reasonable skill and care, commensurate with best practice.

16.2 VideoDoc will make every reasonable effort to provide the Products and Services in a timely manner. VideoDoc cannot be held responsible for any delays if an event outside of Our control occurs. Please refer to Clause 19. for events, outside of Our control.

16.3 If VideoDoc require any information or action from you to provide the Products and Services, VideoDoc will inform you of this as soon as is reasonably possible. Depending upon the nature of the Products and Services you have ordered, VideoDoc may require prior information or action such as confirmation of the details or your Preferred Pharmacy, Primary GP and Personal Health Information.

16.4 If the information you provide or the action you take under Clause 16. is delayed, incomplete or otherwise incorrect, VideoDoc will not be responsible for any delay caused.

16.5 In certain circumstances, for example where there is a delay in you providing VideoDoc information or taking action required under Clause 16., VideoDoc may suspend the Products and Services (and will inform you of that suspension by email).

16.6 In certain circumstances, for example where VideoDoc encounter a technical problem, VideoDoc may need to suspend or otherwise interrupt the Products and Services to resolve the issue. Unless the issue is an emergency that requires immediate action VideoDoc will inform you in advance by email before suspending or interrupting the Products and Services.

16.7 If the Products and Services are suspended or interrupted under Clauses 16., you will not be required to pay for them during the period of suspension if you access those Products and Services. You must, however, pay any sums that may already be due by the appropriate due date(s).

16.8 If you do not pay VideoDoc for the Products and Services as required by Clause 16., VideoDoc may suspend the Products and Services until you have paid all outstanding sums due. If this happens, we will inform you by email.

  1. Your VideoDoc Legal Right to Cancel (Cooling Off Period)

17.1 If you are a consumer in the European Union, you have a legal right to a “cooling off” period within which you can cancel the Contract for any reason. This period begins once your Order is accepted and VideoDoc have sent you an Order Confirmation, i.e. when the Contract between you and VideoDoc is formed. The period ends at the end of 14 calendar days’ after that date.

17.2 If you wish to exercise your right to cancel under this Clause 17, you must inform VideoDoc of your decision within the cooling off period. You may do so in any way you wish by emailing us or telephoning us at VideoDoc Limited, 8 The Mall, Beacon Court, Sandyford, Dublin 17 D17 C2D0, Telephone number: 01 9073400. Email: info@videodoc.ie

17.3 VideoDoc may ask you why you have chosen to cancel and may use any answers you provide to improve Our Services in the future, however please note that you are under no obligation to provide any detail if you do not wish to.

17.4 As specified in sub-Clause 17.2, if the Products and Services are to begin within the cooling off period you are required to make an express request to that effect. By requesting that the Products and Services begin within the 14 (fourteen) calendar day cooling off period you acknowledge and agree to the following:

17.4.1 If the Products and Services are fully performed within the 14 (fourteen) calendar day cooling off period, you will lose your right to cancel after the Products and Services are complete.

17.4.2 If you cancel after provision of the Products and Services has begun but is not yet complete you will still be required to pay for the Products and Services provided up until the point at which you inform VideoDoc that you wish to cancel. The amount due shall be calculated in proportion to the full price of the Products and Services and the actual Products and Services already provided including any initial administration costs. Any sums that have already been paid for the Products and Services shall be refunded subject to deductions calculated in accordance with the foregoing. Refunds, where applicable, will be issued no later than 14 calendar days’ after you inform VideoDoc that you wish to cancel. Refunds will be made using the same payment method you used when ordering the Products and Services.

17.4.3 The initial administration cost of an Account as at the date of these Terms and Conditions is €12.50

  1. Cancellation After the Legal Cancellation Period

18.1 Cancellation of Contracts after the 14 (fourteen) calendar day cooling off period has elapsed shall be subject to the specific terms governing those Products and Services and may be subject to a minimum contract duration. Details of the relevant duration, cancellation provisions and minimum notice periods will be confirmed for the Products and Services in Our Order Confirmation.

18.2 If you wish to cancel under this Clause 18, you must inform VideoDoc of your decision to do so. You may do so in any way you wish by emailing us or telephoning us at VideoDoc, VideoDoc Limited, 8 The Mall, Beacon Court, Sandyford, Dublin 17 D17 C2D0.  Telephone number: 01 9073400. Email: info@videodoc.ie

18.3 VideoDoc may ask you why you have chosen to cancel and may use any answers you provide to improve Our Services in the future, however please note that you are under no obligation to provide any detail if you do not wish to.

18.4 You may be entitled to cancel immediately by giving VideoDoc written notice in the following circumstances:

18.4.1 VideoDoc breach the Contract in a material way and fail to remedy the breach within 30 calendar days of you asking VideoDoc to do so in writing;

18.4.2 VideoDoc go into liquidation or have a receiver or administrator appointed over Our assets;

18.4.3 VideoDoc change these Terms and Conditions to your material disadvantage; or

18.4.4 VideoDoc are adversely affected by an event outside of Our control that continues for more than 30 calendar days.

18.5 Eligibility for refunds may vary per the Products and Services ordered. You will be required to pay for Products and Services supplied up until the point at which you inform VideoDoc that you wish to cancel (please note that this may include charges in full for any work and services that VideoDoc have undertaken or already provided where VideoDoc have reasonably incurred costs. Such sums will be deducted from any refund due to you or, if no refund is due, VideoDoc will invoice you for the relevant sums. Details of the relevant terms will be provided at the time of cancellation. If you are cancelling due to Our failure to comply with these Terms and Conditions or the Contract, you will not be required to make any payment to VideoDoc (unless such failure is due to an event outside of Our control or is due to your failure to comply with any of your obligations).

18.6 Refunds under this Clause 18. will be issued to you no later than 14 (fourteen) calendar days’ after the date on which you inform VideoDoc that you wish to cancel. Refunds will be made using the same payment method you used when ordering the Products and Services unless you specifically request that VideoDoc make a refund using a different method.

  1. Our Rights to Cancel

19.1 For cancellations before we begin providing the Products and Services, please refer to Clause 17.

19.2 VideoDoc may cancel the Products and Services after VideoDoc have begun providing them due to an Event outside of Our control that continues for more than 30 (thirty) calendar days’, or due to the non-availability of required personnel and/or required materials necessary for the provision of the Products and Services. In such cases, you will only be required to pay for Products and Services that VideoDoc have already provided up until the point at which VideoDoc inform you that VideoDoc are cancelling the contract. Such sums will be deducted from any refund due to you or, if no refund is due, VideoDoc will invoice you for the relevant sums or no payment will be due from you and if you have already made any payment to us, such sums will be refunded to you.

19.3 Once VideoDoc have begun providing the Products and Services, VideoDoc may cancel the Contract at any time and will give you at least 30 calendar days’ written notice of such cancellation. You will only be required to pay for Products and Services that you have received. Such sums will be deducted from any refund due to you or, if no refund is due, VideoDoc will invoice you for the relevant sums.

19.4 Refunds due under this Clause 19 will be issued to you no later than 14 (fourteen) calendar days’ after the day on which VideoDoc inform you of the cancellation. Refunds will be made using the same payment method you used when ordering the Products and Services unless you specifically request that VideoDoc make a refund using a different method.

19.5 VideoDoc may cancel immediately by giving you written notice in the following circumstances:

19.5.1 You fail to make a payment by the due date as set out in Clause 15. This does not affect Our right to charge you interest on any; or

19.5.2 You breach the contract in a material way and fail to remedy the breach within 14 calendar days’ of VideoDoc asking you to do so in writing.

  1. Problems with the Products and Services

20.1 VideoDoc always uses reasonable endeavour to ensure that Our Products and Services are trouble-free. If, however, there is a problem with the Products and Services please contact VideoDoc as soon as is reasonable possible via Our contact details.

20.2 VideoDoc will use reasonable endeavour to remedy problems with the Products and Services as quickly as is reasonably possible and practical. In emergency situations, such as those where vulnerable people may be affected, VideoDoc will use reasonable endeavour to remedy problems within 23 hours.

20.3 VideoDoc will not charge you for remedying problems under this Clause 20 where the problems have been caused by VideoDoc, or any of Our agents or sub-contractors, or where nobody is at fault. If VideoDoc determine that a problem has been caused by you, including your provision of incorrect or incomplete information or taking of incorrect action, VideoDoc may charge you for the remedial work.

20.4 As a consumer you have certain legal rights with respect to the purchase of products and services. VideoDoc are, for example, required to provide the Products and Services with reasonable care and skill. You also have remedies if VideoDoc use materials or other products that are not as described, not of satisfactory quality, or not fit for purpose. More information on your rights as a consumer can be obtained from your local Citizens’ Information Centre. Nothing in these Terms and Conditions will affect these statutory rights.

  1. Our Liability

21.1 VideoDoc will be responsible for any foreseeable loss or damage that you may suffer because of Our breach of these Terms and Conditions or because of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it contemplated by you and VideoDoc when the Contract is created. VideoDoc will not be responsible for any loss or damage that is not foreseeable.

21.2 VideoDoc provide Products and Services for domestic and private use or purposes. VideoDoc make no warranty or representation that the Products and Services are fit for commercial, business or industrial purposes of any kind including resale. VideoDoc will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.

21.3 Nothing in these Terms and Conditions seeks to exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.

21.4 Furthermore, nothing in these Terms and Conditions seeks to exclude or limit Our liability as implied under the appropriate sections of the Supply of Goods and Services Act 1980 with respect to your rights as a consumer for:

21.4.1 Breach of your right to title and quiet possession;

21.4.2 Breach of terms relating to description, satisfactory quality and fitness for purpose; and

21.4.3 Our liability relating to defective products as set out in the Consumer Protection Act 2007.

  1. Events Outside of Our Control (Force Majeure)

22.1 VideoDoc will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any event that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action by third parties, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic or other natural disaster, or any other event that is beyond Our reasonable control.

22.2 If any event described under this Clause 22. occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:

22.2.1 VideoDoc will inform you as soon as is reasonably possible;

22.2.2 Our obligations under these Terms and Conditions (and therefore the Contract) will be suspended and any time limits that VideoDoc are bound by will be extended accordingly;

22.2.3 VideoDoc will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Products and Services as necessary;

22.2.4 If the event outside of Our control continues for more than 30 calendar days’ VideoDoc may cancel the Contract and inform you of the cancellation. Any refunds due to you because of that cancellation will be paid to you as soon as is reasonably possible and in any event, no later than 14 calendar days’ after the date on which VideoDoc inform you of the cancellation; and

22.2.5 If an event outside of Our control occurs and continues for more than 30 calendar days’ and you wish to cancel the Contract thus, you may do so. Any refunds due to you because of cancellation will be paid to you as soon as is reasonably possible and in any event, no later than 14 calendar days’ after the date on which you inform VideoDoc that you wish to cancel.

  1. Privacy and Cookies

Use of Our Apps and Websites is also governed by Our Privacy Policies, which includes Our Cookies Policy. These policies are incorporated into these Terms and Conditions by this reference.

  1. Complaints and Feedback

24.1 VideoDoc always welcome feedback from Our Users and, whilst VideoDoc always use all reasonable endeavour to ensure that your experience as a User of Ours is a positive one, VideoDoc nevertheless want to hear from you if you have any cause for complaint.

24.2 All complaints are handled in accordance with Our complaints handling policy and procedure, available from us on request.

24.3 If you wish to complain about any aspect of your dealings with VideoDoc, please contact by mail the Managing Director, VideoDoc, VideoDoc Limited, 8 The Mall, Beacon Court, Sandyford, Dublin 17, D17 C2D0, or by telephone: 01 9073400 or by email: info@videodoc.ie

  1. How VideoDoc Use Your Personal Information (Data Protection)

25.1 All personal information that VideoDoc may collect (including sensitive personal information) will be collected, used and held in accordance with the provisions of the ROI and European Law and your rights under that legislation and the accompanying regulations and guidance.

25.2 VideoDoc may use your personal information to:

25.2.1 Provide Our services to you;

25.2.2 Process your Order (including payment) for the Products and Services;

25.2.3 Inform you of new products and/or services available from VideoDoc and/or VideoDoc Limited (if you opt in or have previously opted in to receive it). You may request that we stop sending you this information at any time; and

25.2.4 In anonymised form.

25.3 VideoDoc and VideoDoc subject to Clause 25. where applicable, Our Privacy Policy and Medical Consent, which both form part of these Terms and Conditions will not pass on your personal information to any third parties without first obtaining your express consent.

  1. Other Important Terms

26.1 VideoDoc Limited may transfer or assign Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if we sell Our business). If this occurs, VideoDoc will inform you in writing. Your VideoDoc rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.

26.2 You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.

26.3 The Contract is between you and VideoDoc Limited.  It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.

26.4 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The rest of these Terms and Conditions shall be valid and enforceable.

26.5 No failure or delay by VideoDoc in exercising any of Our rights under these Terms and Conditions means that VideoDoc have waived that right, and no waiver by VideoDoc of a breach of any provision of these Terms and Conditions means that VideoDoc will waive any subsequent breach of the same or any other provision.

  1. Communications from VideoDoc

27.1 If VideoDoc have your contact details, VideoDoc may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes and changes to these Terms and Conditions.

27.2 VideoDoc will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time. All marketing emails sent by VideoDoc include an unsubscribe link. If you opt out of receiving emails from VideoDoc at any time, it may take up to 7 business days for your new preferences to take effect.

27.3 For questions or complaints about communications from VideoDoc (including, but not limited to marketing emails), please contact VideoDoc by email: info@videodoc.ie

  1. Data Protection

28.1 Our Use of User Content including Personal Sensitive Health Information, Data Protection and Storage, and Privacy Policies are set out in Our Privacy Policy which is included by reference in these Terms and Conditions.

28.2 VideoDoc will not pass on your personal information to any third parties except as set out in Our Privacy Policy and Medical Consent.

  1. Communication and Contact Details

29.1 If you wish to contact VideoDoc with general questions or complaints, you may contact VideoDoc, VideoDoc Limited, 8 The Mall, Beacon Court, Sandyford, Dublin 17 D17 C2D0.  Contact number: 01 9073400. Email: info@videodoc.ie

  1. Law and Jurisdiction

30.1 These Terms and Conditions, and the relationship between you and VideoDoc (whether contractual or otherwise) and VideoDoc Limited shall be governed by, and construed in accordance with Irish Law in the Republic of Ireland.

  1. Changes

31.1 VideoDoc will attempt to keep the information and the resources contained on or accessible through its Apps and Websites timely and accurate, but makes no guarantees, and disclaims any implied warranty or representation, about its accuracy, relevance, timeliness, completeness, or appropriateness for a purpose.

31.2 VideoDoc may change or modify the information, services and any other resources contained on or accessible through its Apps and Websites, or discontinue its Apps and Websites altogether, at any time without notice.  Accordingly, you agree to review this agreement periodically, and your continued use of these Apps and Websites shall be deemed your acceptance of the modified agreement.

31.3 VideoDoc reserves the right to change this Policy as we may deem necessary from time to time or as may be required by law. Any changes will be immediately posted on the App and Website and you are deemed to have accepted the terms of the Policy on your first use of the App and Website following the changes.

31.4 In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.

  1. Version Date

These Terms and Conditions, and the relationship between you and VideoDoc and VideoDoc are dated 3rd January, 2017 and should be construed with in conjunction with Our Privacy and Medical Consent Policies dated 3rd January, 2017.

  1. Contact

We want to improve Our products and services through your feedback. If you have any enquiries, questions, comments or even complaints please feel free to contact us at VideoDoc, VideoDoc Limited, 8 The Mall, Beacon Court, Sandyford, Dublin 18, D18 C2D0, Contact number: 01 9073400. Email: info@videodoc.ie

© VideoDoc Limited, 3rd January, 2017

 

 

 

 

VIDEODOC PRIVACY POLICY

WHAT IS VIDEODOC

VideoDoc is a private healthcare service which enables patients to hold on-demand and by appointment; secure, high-definition, face-to-face, real-time; video, telephone, and online-chat/message consultations with “Healthcare Providers” including; Irish Medical Council (“IMC”) registered General Practitioners

VideoDoc is not intended to replace the relationship with patients’ existing GP or Healthcare Providers.  It is a complementary service offering the advantages of convenience and accessibility to a broad range of healthcare services.  VideoDoc is not an emergency service provider.

VideoDoc charges via an annual or monthly subscription (“Subscription”) or pay-as-you-go model (“Self-Pay”), or is paid in full or part by patients’ healthcare insurer, Employer or other Group (“Group/Insurer”), or using a simple pre-paid coupon code (“Coupon”).

OUR PRIVACY POLICY

This Policy applies as between you, the User of this Application (IOS or Android) or Website and VideoDoc Limited and VideoDoc Technologies LTD (collectively “VideoDoc”), the provider of this Application (IOS or Android) and Website.

 

This Policy applies to Our use of all data collected by us in relation to your use of the Application (IOS or Android) and Website. This Privacy Policy is dated 3rd January, 2017 and should be read in conjunction with Our VideoDoc Terms and Conditions and Medical Consent dated 3rd January, 2017.

By accepting Our Privacy Policy, you authorise the Healthcare Provider you will see and VideoDoc to use and release the treatment information (“sensitive information”) obtained during this consultation and held by VideoDoc for purposes of your treatment, payment, and ongoing health care. You consent that this release includes your primary GP, nominated pharmacy, any family or persons involved in your care. VideoDoc will only seek to share the minimum information necessary. If you do not wish us to release this information, please notify the Doctor.

If you are entitled to free or subsidised consultations through Insurer, Employer or Group, we will only share with your Insurer, Employer or Subscription Group your consultation date and time, first name, last name, date of birth and any policy or employee number to be reimbursed for any services you receive. We will not release information about your consultation without your express consent.

The Irish Medical Council, Guide to Professional Conduct and Ethics for Registered Medical Practitioners, 8th Edition 2016, guidance is to share telemedicine consultations with patient’s own General Practitioner (“GP”).  We request, that on you print off, email, or fax your Consultation Reports to your own GP as part of this agreement.

Our customer satisfaction survey (“Survey”) is an optional, anonymous Survey. No personal data is collected along with the responses.

You agree that VideoDoc and/or VideoDoc may use Anonymised Data in the improvement of its services and in the development of its services and its business including third parties.  In this context, Anonymised Data refers to data from which the patient cannot be identified.

The VideoDoc Service is provided by VideoDoc Limited.

DEFINITIONS AND INTERPRETATION

  1. Definitions and Interpretation

In this Privacy Policy, unless the context otherwise requires, the following expressions have the following meanings:

1.1 “VideoDoc / VideoDoc /Our/Us” means VideoDoc Limited, 8 The Mall, Beacon Court, Sandyford, Dublin 18, D18 C2D0, Ireland;

1.2 “User” means any patient, customer, healthcare provider (registered IMC General Practitioners,) or carer that accesses the Apps and Websites or Orders Products and Services from VideoDoc or any of its subsidiaries or affiliates and is not directly employed by VideoDoc or acting during their VideoDoc employment;

1.3 Republic of Ireland and European Law (“ROI and EU Law”) means the Data Protection Act 1988 as amended by the Data Protection (Amendment) Act 2003 and the Data Protection (Access Modification) (Health) Regulations 1989 and the ePrivacy Regulations 2011 (S.I. 336 of 2011) which gives effect to the EU ePrivacy Directive 2002/58/EC (as amended by Directive 2006/24/EC and 2009/136/EC); and the European Union (Consumer Information, Cancellation And Other Rights) Regulations 2013 (Si 484/2013), (Distance Selling Regulations); and

1.4 “Apps and Websites” means the Application (IOS or Android) or Website, including Mobile Website that you are currently using including www.videodoc.ie and any sub-domains of these websites unless expressly excluded by their own terms and conditions.

  1. Scope of this Policy

2.1 This Policy applies only to the actions of VideoDoc and Users with respect to this App and Website. It does not extend to any Applications (IOS or Android) or websites that can be accessed from this App and Website including, but not limited to, any links we may provide to social media websites.

  1. Data Collected

3.1 Without limitation, any of the following data may be collected and it may be stored by VideoDoc from time to time:

3.1.1 Contact and demographic information such as name, email address and telephone numbers, address, Eurocode, data of birth, gender, location, preferences and interests; and

3.1.2 Sensitive personal information (Personal Profile and Personal Health Record) including your, state of health, ailments, allergies, diseases or disabilities, medications, physical and mental characteristics, past medical records, photographs, race, gender, age, sexual preferences, family information, details of past consultations; care providers including your GP and nominated Pharmacy, health insurer and policy details; and

3.1.3 Professional and personal information which may or may not be sensitive including your employment status, job or profession, employer, qualifications, specialisations, insurance and medical indemnity information, skills and experience, interests, photographs; and

3.1.4 Technical information including your internet connection details from your mobile phone or other device, your mobile device’s unique ID, the App and Website IP address; mobile or web browser type and version, time zone setting, operating system type and version, login information, and your location; while using the App and Website.

3.2. When you first register with us to access Our products and services using the App and Website you are asked to provide your name, email address, password, date of birth, gender, country of location, Eircode or similar, and telephone contact details.

  1. Location

4.1 When you visit the mobile Application (IOS or Android) and Website, we may use GPS technology (or other similar technology) to determine your current location to determine the city you are located within. We will not share your current location with other users. If you do not want us to use your location for the purposes set forth above, you should turn off the location services for the mobile application located in your account settings or in your mobile phone settings and/or within the mobile application.

  1. Storage of Data

5.1 We store and process all data on secure servers located in the Republic of Ireland. We do not store your Personal Health Information on your mobile device.

5.2 We do not store any credit or debit card information on Our servers. Payments are processed via a third-party payment provider that is fully compliant with Level 1 Payment Card Industry (PCI) data security standards. Any payment transactions are encrypted using SSL technology.

  1. Our Retention and Use of Data

6.1 Unless we are obliged or permitted by law to do so, and subject to Clauses 6, your data will not be disclosed to third parties other than under Clauses 6.2 to 6.5. Third Parties do not include other companies within Our VideoDoc Group (VideoDoc Limited, VideoDoc Technologies Limited, VideoDoc Limited, VideoDoc Technologies LTD), which may be part of your treatment or developing new services for your care.

6.2 VideoDoc may share data which includes sensitive personal information and medical information obtained during a consultation for purposes of your treatment and ongoing health care with your Carers including your primary GP, nominated pharmacy or, if required, any family or persons involved in your care unless you specifically request that it is not shared.

6.3 By accepting this Privacy Policy and/or Our Terms and Conditions you authorise the Doctor you will see and VideoDoc to use and release the treatment information (“sensitive information”) obtained during this consultation and held by VideoDoc for purposes of your treatment, payment, and ongoing health care. You consent that this release includes your primary GP, nominated pharmacy and any family or persons involved in your care.  If you do not wish us to release this information, please notify the Doctor.  In the Republic of Ireland, the requirement to inform your primary care doctor of your telemedicine consultation is set out in the Guide to Professional Conduct and Ethics for Registered Medical Practitioners, 8th Edition 2016.

6.4 VideoDoc may also release or share your data to make necessary disclosures as required by or in compliance with reasonable requests by regulatory and licensing bodies but only where it is necessary and reasonable to comply with their requests including; the HSE or similar, Irish Medical Council or similar, or as otherwise required by law or regulation. VideoDoc will endeavour to protect your privacy always from these requests.

6.5 We may disclose your data if we are under a duty to disclose or share or required to comply with any legal obligation, or to enforce or apply any of Our Terms and Condition and Policies. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction. We may disclose or share your data to protect the rights, property, or safety of VideoDoc and its treatment providers (IMC registered General Practitioners, customers, insurers or others.

6.6 All personal data is stored securely in accordance with the principles of the Data Protection Act 1988 as amended by the Data Protection (Amendment) Act 2003.

6.7 For more details on security see Clause 12 below.

6.8 Any or all the above data may be required by us from time to time to provide you with the best possible service and experience when using Our App and website. Specifically, data may be used by us for the following reasons:

6.8.1 To provide Our products and services including those from Our group companies, business partners, suppliers and sub-contractors and Our treatment providers;

6.8.2 Review and improve the quality of your experience of Our products and services, including monitoring compliance with clinical care standards, training and sharing best practice; and

6.8.3 Share necessary information with other treatment providers (including IMC registered General Practitioners,), pharmacists, and suppliers or subcontractors employed in the provision of those products and services; and

6.8.4 Share necessary data with your insurance company, employer or other health care provider where you have requested or otherwise consented to enable them to perform their responsibilities; and

6.8.5 Process payments and detect fraud; and

6.8.6 Make disclosures under Clauses 6.4. and 6.5; and

6.8.7 Communicate with you including transmission by App and Website Alerts, texts and similar messages, email and post to provide Our products and services; and

6.8.8 Distribute transactional, informational and promotional material including communication via market research using email, text, alert, post or other forms of distribution.

  1. Third-Party Websites and Services

7.1 Our App and Website can contain links to other independent Apps or third-party websites, which are not under Our control. This Policy does not extend to your use of such Apps and Websites. Users are advised to read the privacy policy and terms and conditions of other Apps or websites prior to using them.

7.2 VideoDoc may, from time to time, employ the services of other parties for dealing with matters that may include, but are not limited to, payment processing, delivery of purchased items, search engine facilities, advertising and marketing. The providers of such services do not have access to Sensitive Personal data provided by Users of this Website.

7.3 Any data used by such parties is used only to the extent required by them to perform the services that VideoDoc requests. Any use for other purposes is strictly prohibited. Furthermore, any data that is processed by third parties shall be processed within the terms of this Policy and in accordance with the Data Protection Act 1988 as amended by the Data Protection (Amendment) Act 2003.

  1. Changes of Business Ownership and Control

8.1 VideoDoc may from time to time, expand or reduce Our business and this may involve the sale and/or the transfer of control of all or part of VideoDoc. data provided by Users will, where it is relevant to any part of Our business so transferred, be transferred along with that part and the new owner or newly controlling party will, under the terms of this Policy, be permitted to use the data for the purposes for which it was originally supplied to us.

8.2 If any data submitted by Users is to be transferred in such a manner, you will not be contacted in advance and informed of the changes.

  1. Controlling Use of Your Data

9.1 Wherever you are required to submit data, you will be given options to restrict Our use of that data. This may include the use of data for direct marketing purposes and sharing data with third parties.

  1. Your Right to Withhold Information

10.1 You may access certain areas of the App or Website without providing any data at all. However, to use all features and functions available on the App or Website you may be required to submit certain data.

10.2 You may restrict your Internet browser’s use of Cookies. For more information, see Clause 13.

  1. Accessing your own Data

You have the right to ask for a copy of any of your personal data held by VideoDoc (where such data is held) on payment of a small fee which will not exceed the applicable Statutory Fee as laid down in the ROI as appropriate. If the data is held in more than one location a single fee shall apply.

  1. Security

Data security is of great importance to VideoDoc and to protect your data we have put in place suitable physical, electronic and managerial procedures to safeguard and secure data collected via this App and Website.

  1. Cookies

13.1 This Website may place and access certain first party Cookies on your computer. First party cookies are those placed directly by VideoDoc via this Website and are used only by VideoDoc. uses Cookies to improve your experience of using the Website and to improve Our range of products and services. VideoDoc has carefully chosen these Cookies and has taken steps to ensure that your privacy is protected and respected always. Any First party cookies currently used on this Website as at the date of these Terms and Conditions are set out below.

13.2 All Cookies used by this Website are used in accordance with current ROI and EU Cookie Law as applicable.

13.3 Before any Cookies are placed on your computer, subject to sub-Clause 13.5, you will be presented with a message bar requesting your consent to set those Cookies. By giving your consent to the placing of Cookies you are enabling VideoDoc to provide the best possible experience and service to you. You may, if you wish, deny consent to the placing of Cookies; however certain features of the Website may not function fully or as intended.

13.4 Certain features of the Website depend upon Cookies to function. ROI and EU Cookie Law deem these Cookies to be “strictly necessary”. The strictly necessary cookies currently used on this site as at the date of these Terms and Conditions are set out below.

13.5 You can choose to enable or disable Cookies in your Internet browser. Most Internet browsers also enable you to choose whether you wish to disable all cookies or only third party cookies. By default, most Internet browsers accept Cookies but this can be changed. For further details, please consult the help menu in your Internet browser.

13.6 You can choose to delete Cookies at any time however you may lose any information that enables you to access the Website more quickly and efficiently including, but not limited to, personalisation settings.

13.7 It is recommended that you ensure that your Internet browser is up-to-date and that you consult the help and guidance provided by the developer of your Internet browser if you are unsure about adjusting your privacy settings.

  1. Marketing Material and Your Rights to Opt-Out

14.1 If you no longer wish to receive informational or promotional material from us by Alerts, texts and similar messages, email and post please contact us at VideoDoc Limited, 8 The Mall, Beacon Court, Sandyford, Dublin, D18 C2D0, Ireland. Alternatively, you may email us at email: info@videodoc.ie

  1. Your Rights

15.1 You can stop all collection of information by the App and Website easily by uninstalling the Application or ceasing to use the App and Website. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network to remove the App and Website.

15.2 We are required by best practice and certain laws to hold information, including sensitive information about you such as personal information, details of past consultations and medical health records (“sensitive personal information”).  We only hold information in line with applicable laws and best practice to the extent it is necessary to provide Our products and services to you and to develop our business and services.  You confirm that VideoDoc and VideoDoc may hold your information for use as Anonymised Data in the improvement of its Services and in the development of its business including with third parties.  In this context, Anonymised Data refers to data from which you cannot be identified.

  1. Changes

16.1 VideoDoc will attempt to keep the information and the resources contained on or accessible through its Apps and Websites timely and accurate, but makes no guarantees, and disclaims any implied warranty or representation, about its accuracy, relevance, timeliness, completeness, or appropriateness for a purpose.

16.2 VideoDoc may change or modify the information, services and any other resources contained on or accessible through its Apps and Websites, or discontinue its Apps and Websites altogether, at any time without notice.  Accordingly, you agree to review this agreement periodically, and your continued use of these Apps and Websites shall be deemed your acceptance of the modified agreement.

16.3 VideoDoc reserves the right to change this Policy as we may deem necessary from time to time or as may be required by law. Any changes will be immediately posted on the App and Website and you are deemed to have accepted the terms of the Policy on your first use of the App and Website following the changes.

  1. Version Date

This Privacy Policy and the relationship between you and VideoDoc and VideoDoc are dated 3rd January, 2017 and should be construed in conjunction with Our Terms and Conditions and Medical Consent Policies dated 3rd January, 2017.

  1. Contact

We want to improve Our products and services through your feedback. If you have any enquiries, questions, comments or even complaints please feel free to contact us at VideoDoc, VideoDoc Limited, 8 The Mall, Beacon Court, Sandyford, Dublin 18, D18 C2D0, Contact number: 01 9073400.  Email: info@videodoc.ie

© VideoDoc Limited, 3rd January, 2017

 

 

VIDEODOC MEDICAL CONSENT

Having a condition requiring health care, I, the Patient, hereby consent to diagnosis and the provision of such care via videoconference. I acknowledge that the treatment I receive is provided directly by the treatment provider and not by VideoDoc.

I recognise that while this treatment approach provides the benefits of reduced waiting time and cost, and allows me to be treated in a location of my choosing, there are inherent limitations to this approach.  I acknowledge that my treatment provider will not be examining me physically in person.

I also acknowledge that the effectiveness of this treatment interaction will depend on a full disclosure of my treatment history and symptoms to my treatment provider, and that the videoconference interface may not give my treatment provider (Irish Medical Council (“IMC”) registered General Practitioner) the same information that would be available during an in-person examination.

I understand that these limitations necessarily restrict the conditions that can be treated through VideoDoc, and that I may be referred to my primary care GP, a local accident and emergency department, or some other treatment facility prior to receiving any diagnosis or care from my treatment provider. I understand that if I am diagnosed and treated by a treatment provider via VideoDoc, I may still be encouraged to seek follow-up care from my primary care provider or a Consultant.

Our Doctors are not obligated; nor should you expect that their recommended treatment or procedure will require a prescription.  If they do provide a prescription, the Doctor or VideoDoc can send it in line with local regulations by facsimile, post or email attachment to you anywhere in the World or, deliver an electronic prescription to your preferred pharmacy where you are located.  You should be aware that if you are located outside the Republic of Ireland, your local pharmacy, may not be willing to dispense the prescription.

I acknowledge and consent to receive this service VideoDoc and VideoDoc collects and retains sensitive personal health information in my Personal Profile, Health and Social History (collectively “Electronic Health Record”) (see Our Privacy Policy for more details). I confirm that the data and information I have provided to VideoDoc and its treatment providers before and in each consultation, is correct.

I recognise that my treatment is reliant upon a working Internet connection and computer or mobile device. In the event of an equipment or Internet failure, or if the VideoDoc treatment provider experiences an equipment or Internet failure, my consultation may be interrupted or terminated. If this occurs, I will attempt to re-establish my online connection with VideoDoc. If the online connection cannot be re-established, I will call VideoDoc to speak directly with a treatment provider.

I am responsible for preserving my personal privacy during this consultation. I acknowledge that my privacy is not assured if I choose to engage VideoDoc from a public location, or through an unsecure internet connection.

If I experience an adverse reaction to the recommended treatment or medicines prescribed during my VideoDoc consultation, I acknowledge that I will need to seek follow-up care from my primary care GP, or a local urgent care or emergency department.

I hereby authorise the Doctor I will see, and VideoDoc and VideoDoc (collectively “VideoDoc”) to use and release the treatment information (“sensitive information”) obtained during this consultation or held by VideoDoc for the purposes of my treatment, payment, and ongoing health care. I consent that this release includes my primary GP, nominated pharmacy and any family or persons involved in my care.  If you do not wish us to release this information, please notify the Doctor.  The requirement to inform your primary care doctor of your telemedicine consultation is set out in the Republic of Ireland (“ROI”), Guide to Professional Conduct and Ethics 8th Edition, 2016.

Personal Health Information Retention

I confirm that VideoDoc or VideoDoc is not under any obligation to hold or maintain my Personal Profile, Health and Social History (collectively “Electronic Health Record”), if I have not had a VideoDoc consultation in the preceding twenty-four months, or any subscription or membership has expired more than twelve months previously.

The Republic of Ireland Medical Council, Guide to Professional Conduct and Ethics for Registered Medical Practitioners, 8th Edition 2016, guidance is to share telemedicine consultations with patient’s own General Practitioner (“GP”).  I acknowledge that it is my responsibility to print off, email, or fax my Consultation Reports.

Sharing of Information

The Republic of Ireland Medical Council, Guide to Professional Conduct and Ethics for Registered Medical Practitioners, 8th Edition 2016, guidance is to share telemedicine consultations with patient’s own General Practitioner (“GP”).  I acknowledge that it is my responsibility to print off, email, or fax my Consultation Reports and share my Medical History with my own GP, and I can access that information via the VideoDoc website www.videodoc.ie

I accept by this Medical Consent and/or the VideoDoc; Terms and Conditions and/or Privacy Policy, I authorise the Doctor I have seen and/or VideoDoc to use and release the treatment information (“sensitive information”) obtained during my consultations and held by VideoDoc for purposes of my treatment and ongoing health care. I consent that this release includes my primary GP, nominated pharmacy and any family or persons involved in my care. If I do not wish VideoDoc to release this information, I will notify VideoDoc.  I acknowledge that if I am entitled to free or subsidised consultations from VideoDoc may release my consultation date and time, name, date of birth and policy number to my Insurer, Employer or Group to assist in reimbursement.

Anonymised Data Use

I confirm that VideoDoc may use Anonymised Data in the improvement of its Services and in the development of its business including with third parties.  In this context, Anonymised Data refers to data from which the patient cannot be identified.

Expiry or Removal of Consent

I also understand that I may revoke or discontinue my consent, other than for Anonymised Data Use, at any time by notifying VideoDoc in writing, except to the extent actions have already been taken based upon my consent, including the disclosure of information for the care and treatment provided to me. I understand and agree to the above releases, authorisations, and assignments of benefits.

Version Date

This Medical Consent and the relationship between you and VideoDoc are dated 3rd January, 2017 and should be construed in conjunction with Our Terms and Conditions and Privacy Policies dated 3rd January, 2017.

Contact

The VideoDoc Service is provided by VideoDoc Limited.

We want to improve Our products and services through your feedback. If you have any enquiries, questions, comments or even complaints please feel free to contact us at VideoDoc Limited, 8 The Mall, Beacon Court, Sandyford, Dublin 18, D18 C2D0, Contact number: 01 9073400. Email: info@videodoc.ie

© VideoDoc Limited, 3rd January, 2017