VIVIDOCTOR TERMS AND CONDITIONS
By creating an account and/or using the ViViDoctor Platform services, you agree to abide by the general terms and conditions of use as set out below.
Your unreserved acceptance of these general Terms & Conditions will be asked in the Informed Consent Form each user has to sign in order to be able to create a user Account.
ViViDoctor can only provide its Platform services in accordance with these Terms & Conditions.
1. ViViDoctor Vision and Mission
ViViDoctor (“we”, ”us”, or “our”) provides with its website, mobile application and related sites a “Platform” where patients and Healthcare Professionals can connect via means of secure telehealth services . Its aim is to make healthcare accessible to anybody, regardless of the Platform users location or physical condition
ViViDoctor® SPRL headquarters at Veldkapelgaarde 30, 1200 Sint-Lambrechts-Woluwe, Belgium, under the number 0675.755.052.
In case of questions or problems please contact +32 489 08 57 24 or email@example.com
Creating an account on the ViViDoctor Platform is free of any charge or cost. The price to make use of the Platform services offered by ViViDoctor are clearly indicated on the website, prior to the use andinclude all applicable taxes. Only after paying the price for the Platform services will the Platform-user be able to make use of the the services. The accepted methods of payment are clearly indicated on the Platform.
PLease note that the price paid to make use of the Platform services is not subject to reimbursement by the social insurance (INAMI/RIZIV).
- ♣ The Platform: ViViDoctor provides with its website and mobile application a Platform where patients and Healthcare Professionals can connect through telehealth services
- ♣ Platform User: Any person who has created an account on the Platform in accordance with the instructions set out in these general terms and conditions. Only Users are permitted to make use of the Platform services. Two type of Platform users can be differentiated:
- – Patient-users who make use of the services offered by the ViViDoctor Platform to connect with a Healthcare Professional to obtain (medical) advice.
- – Healthcare Professional-users who offer their (medical) services and information to the Patient-users by making use of the ViViDoctor Platform.
- ♣ An account : The permanent interface enabling each Platform User to gain access to the Platform services.
- ♣ Telemedicine or Telehealth (used interchangeably): The use of telecommunication and information technology to provide healthcare remotely.
- ♣ Video Consultation: A form of consultation that occurs over the internet via video and audio exchange between a patient and a Healthcare Professional. Video consultations is a sub-category of Telemedicine.
- ♣ Written Questions: Patient-users can use the ViViDoctor Platform to ask the Healthcare Professional-user questions in writing, which the Healthcare Professional will answer after a period of time (usually within 24 hours).
- ♣ Medical File: The patient file of the Patient-user which resides in a hospital or with the EHR software provider used by the Healthcare Professional .
- ♣ EHR: Electronic Health Record
- ♣ Recip-E: Belgian Electronic Prescription System
- ♣ Healthcare Professional: The Healthcare Professional (e.g: a nurse, a specialist, a general practitioner) who is licensed to practice his/her activity in the European Union and who is committed to provide his/her (medical) services in accordance with clinical best practice and applicable professional standards, offers his (medical) services to the Patient-users by making use of the ViViDoctor Platform.
- ♣ Our Client: ViViDoctor can offer its Platform as a tool to a Client, namely a hospital, clinic or Healthcare Professional, who can use the Platform to enable Healthcare Professionals and patients to connect with each other.
- 3. Technical Information
ViViDoctor runs its Platform online. Platform-users can access the Platform via:
- ♣ The iOS or Android mobile application. All permissions for accessing the Microphone and Camera must be given to the application.
- ♣ The Chrome (recommended) or Firefox web browser. All permissions for accessing the Microphone and Camera must be given to the website.
A high-fidelity internet connection is required to ensure a smooth visit experience. This usually means a strong WI-FI connection or 3G/4G/LTE with strong reception signal.
The Platform-user is encouraged to regularly check online that he or she has the latest version of the application. ViViDoctor will not be responsible in any case if the Platform-user has downloaded the wrong version of the application, incompatible with his or her mobile phone.
The Platform-user acknowledges that he or she has been informed that the Platform may not be available due to technical issues or issues relating to the structure of telecommunications networks.. ViViDoctor may suspend the Platform in order to carry out maintenance and shall use its reasonable endeavors to notify the Platform-users thereof in advance.
4. Healthcare Services and ViViDoctor’s Role as intermediate service
ViViDoctor acts solely as an intermediate Platform, not as a Healthcare Professional or Healthcare Organization. Whereas ViViDoctor may support the Healthcare Professional-users with technological support, guidelines and methodologies to operate on the Platform and to provide the Patient-users with the best possible care, it does not intervene in the art and science of the care itself.
The Healthcare Professional-Users are in no way ViViDoctor’s employees or staff and are responsible for their own (medical) services. ViViDoctor cannot be held liable for the (medical) advice, information or quality of care delivered by the Healthcare Professional and/or the Client on the Platform.
The profiles and biographies of the Healthcare Professionals who offer their (medical) services on the Platform are listed in a random order since ViViDoctor doesn’t promote, endorse or advertise any Healthcare Professional or medical service.
In accordance with the advice “Physical Visits are the cornerstones of the healthcare” of the Council of Physicians (Ordre des médecins, our Platform services are not intended to replace a physical visit of the patient with the Healthcare Professional but rather to complement it. Some medical conditions are not suitable for remote consultations. The Patient-User should judge to the best of his/her abilities whether his/her symptoms can be treated over a remote video consultation and should opt for a physical visit instead if he/she has doubts. The Patient-User should always seek advice from a Healthcare Professional in person if the Patient-User is unsure whether he/she was able to explain or communicate his/hers medical needs through the Platform. This is also the case when the Patient-User has any concerns about the (medical) advice he/she received from the Healthcare Professional or when the received (medical) advice differentiates from other (medical) advice the Patient-user previously received, although Healthcare Professionals may hold different clinical opinions on the same medical condition or symptoms and this therefore doesn’t necessarily indicate that our services are defective.
Our Platform services cannot be used as an emergency service. In case of emergency, please call the Belgian emergency services by dialing 112.
The ViViDoctor mobile application is not a medical device. The Patient-users can use the information they receive via the device and share it with their Healthcare Professional, but the application itself is not designed to be used as a device to diagnose, detect, treat or monitor any health condition and/or absence of it.
5. User Account
Platform users are required to create an Account by entering their email address, password and certain other information. The absence of the requested mandatory data to create the User Account shall mean that the User’s registration request shall not be processed.
When creating his/her Account, the Platform User undertakes to provide true and accurate information as is necessary to identify him or her and to produce, within a reasonable period, proof of identity upon simple request by ViViDoctor. The Platform User hereby undertakes to refrain from using any pseudonym or any electronic mail address that could infringe upon any third party rights in any capacity of for any reason whatsoever. The Platform User may be required to verify at any given time his/her identity by scanning his/her identity card, by getting a one-time password (OTP) to cell phone or by using a Belgian e-id reader depending on the action the User is undertaking on the Platform.
The creation of an Account on the Platform is restricted to persons with full legal capacity and who are over the age of 16 years old. Children under the age of 16 are not allowed to use the Platform without the supervision of an adult authorized by the holder of parental responsibility over the child.
Subject to the User’s acceptance and compliance with these terms and conditions, ViViDoctor hereby grants the Platform user permission to make use of the Platform services, provided that Platform User:
- ♣ Solely relies on the Platform for his/her own personal use (except when the Platform-user is supervising a child younger than 16). and doesn’t resell his/her Account information or charge others for the use and access to the Platform services. ,
- ♣ Doesn’t duplicate, transfer, give access to, copy or distribute any part of the Platform in any medium whatsoever without ViViDoctor’s prior written authorization
- ♣ Doesn’t attempt to reverse, engineer, alter or modify any part of the Platform.
- ♣ Refrains from any abuse or offensive behavior towards other Platform Users, including the Healthcare Professional-users.
- ♣ Provides ViViDoctor and/or the Healthcare Professional only with accurate information in the language which is used in the communication with the Healthcare Professional (French/Dutch or English)
- ♣ Follows any instruction given by the consulted Healthcare professional, including instructions regarding the use of any recommended or prescribed medicines or healthcare products.
- ♣ Reports to the Healthcare Professional any adverse or unexpected effects of the recommended treatments.
- ♣ Implements appropriate information security techniques, including installing antivirus software and a PIN code and/or password to access his/her mobile device and computer due to the need to protect unauthorized access to the Platform and the data held within. The Platform user also undertakes to ensure the confidentiality of his or her Account password, and to prevent unauthorized access to the Platform by any third party.
- ♣ Notifies ViViDoctor immediately of any breach of security or unauthorized use of his/her mobile phone or computer or User Account. Although ViViDoctor will not be liable for Platform Users’ losses caused by any unauthorized use of the User Account, the Platform User may be liable for the losses of ViViDoctor or others due to such unauthorized use.
We reserve the right to suspend any User Account when we suspect the Platform User to be in breach of any of the terms and conditions of use described in this document or when we suspect the Platform User of abusing our Platform services (time-wasting, inappropriate cancellations of consultations, overuse, etc.)
Each Platform User can modify or delete his/her User Account at will.
6. ViViDoctor Platform Services
All Platform services are currently only provided in French, Dutch or English. It is the Patient-user’s responsibility to verify the language of the Healthcare Professional on his/her listed profile before choosing a Healthcare Professional to make an appointment with.
The ViViDoctor Platform services offered to the Platform Users are the following:
A. Video Consultations on demand or on appointment
The Patient-user can only consult Healthcare Professionals who are registered with the ViViDoctor Platform.
ViViDoctor provides a booking system for video consultations with the Healthcare Professional on appointment. When the Patient-user wishes to book a video consultation on appointment, the Patient-user can choose a Healthcare Professional listed on the Platform.
However, ViViDoctor does not guarantee the availability of any particular Healthcare Professional at any particular time. When an appointment with a Healthcare Professional-user is booked, we try to the best of our abilities to ensure that the video consultation will take place on the agreed date and time. However, if this appears to be not possible, we will try to get you another appointment or otherwise return your paid fees.
The Patient-user can also opt for a video consultation on demand, without making a prior appointment. In this case, the Patient-user can only choose among the Healthcare Professionals which are online at that specific time. However, ViViDoctor doesn’t ensure that the Healthcare Professional-users will be available on the Platform 24/7. which means the Patient-user might have to to wait or withdraw when there is no Healthcare Professional online.
The Healthcare Professional-user is offered the possibility of taking online private notes during the video consultation on the Platform.
ViViDoctor doesn’t record the video consultations with the Healthcare Professionals (unless for training purposes, with the explicit consent of the Healthcare Professional and the patient) nor does it runs any algorithms on the data the Platform users provide.
Not all medical conditions can be treated remotely. The Healthcare Professional-user will decide within the first 2 minutes of the video consultation whether to proceed with the consultation depending on certain conditions, such as e.g.::
- ♣ his/her professional opinion that the (medical) condition can’t be treated remotely or constitutes an emergency case.
- ♣ due to unforeseen barriers in communication (e.g. language mismatch, technical glitches, etc.)
- ♣ unethical code of patient / Healthcare Professional conduct.
- ♣ any other reason the Healthcare Professional sees fit.
If the Healthcare Professional decides in such a case to terminate the video consultation the Patient-user will be fully refunded.
B. Customizable questionnaire
ViViDoctor offers the Healthcare Professional-user a customizable questionnaire to check the symptoms of the Patient-user.
C. Written Questions
The Patient-user can ask the Healthcare Professional-users written questions on the ViViDoctor Platform in the form of text to the Healthcare Professional.
ViViDoctor doesn’t guarantee that the Patient-user will receive an answer immediately. However, the Healthcare Professional will answer the question after a reasonable period of time (usually within 24 hours).after
The Healthcare Professional-user can prescribe a medicine to the Patient-user after the video consultation, wherever he/she sees fit
ViViDoctor doesn’t guarantee that the Patient-user will receive a prescription at the end of the video consultation. Healthcare Professionals will not prescribe medicines unless it is in their judgement, in the patient’s best interests, which he/she might not be able to judge appropriately on the basis of a remote consultation.
A prescription can either be delivered by using the Recip-E or by post (additional costs may apply).
ViViDoctor does not dispatch or deliver prescribed medicine. The pharmacies are not part of the ViViDoctor network.
E. Sick Notes
The Healthcare Professional-user has the possibility to issue Sick Notes to the Patient-user if he/she sees fit.
Note that a virtual consultation with the Healthcare Professional does not guarantee a sick note.
The Platform-user is responsible for verifying that the technical configuration of his/her mobile device or computer used to access the Platform is free from viruses and fully functional. In the event that such warranty is not fulfilled, the Platform-user accepts the risk and consequences of any loss or damage that may occur.
ViViDoctor shall not be held liable, whether directly or indirectly, for any loss or damage caused to any Platform-user or any third party due to the non-availability or malfunction of any of its Platform services, regardless of the cause of duration of such non-availability or malfunction.
ViViDoctor shall not be held liable for the (medical) advice and quality of care provided by the Healthcare Professional-users on the Platform. Each Healthcare Professional-user remains liable for his/her own professional activities and actions or inactions on the Platform.
ViViDoctor shall not be held liable for any inaccuracy, omission, or illegality relating to the information provided by any Platform User through the Platform, nor for any loss or damage arising as a result of the use or the consultation of this information . By using the Platform, the User expressly acknowledges and agrees that ViViDoctor shall not be responsible for any damages, claims or other liability arising from or related to the transmission of information via the Platform, except in the case of any negligent act or omission or in case of wilfull misconduct by ViViDoctor.
In no event shall ViViDoctor be liable for any direct or indirect damage resulting from any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through our Platform by any third party.
8. Intellectual Property Rights
VIViDoctor is the exclusive, worldwide owner of all intellectual property rights relating to the structure, content (excluding content provided by the Platform User), technical and graphical components or any other element of the Platform and its services and of all applied software to enable its operation and use.
Similarly, any graphics, presentations, illustrations, photographs, layouts, images, sounds and/or any other items of form or of content featured on the Platform are the sole and exclusive property of ViViDoctor.
The Platform User therefore undertakes to refrain from reproducing and/or using all trademarks, logs and other distinctive marks featured of the Platform. Any transmission, reproduction and/or use of the Platform and its Services by any means whatsoever, whether in whole or in part, , without the personal, express and prior authorization of ViViDoctor, is prohibited and may result in legal proceedings.
9. Termination of Services
A. Termination by the Platform User
The Platform User can stop using the ViViDoctor Platform and its services at any time, without reason, by deleting his/her User Account.
At any point throughout a video consultation, the Platform User can stop making use of the service at his/her own risk. In this case, no reimbursement will take place.
B. Termination by ViViDoctor
ViViDoctor reserves the right to refuse access to the Platform, unilaterally and without prior notice, to any Platform User who does not respect these terms and conditions.
C. Survival Clauses
10. Term and changes to the Terms and Conditions of Use
These general terms and conditions shall enter into force upon the creation of auser Account on the Platform and . shall apply throughout such period as the Platform is available online.
ViViDoctor reserves the right to modify the General terms and conditions at any time. The further use of the Platform by the Platform User, after notification of such changes, will be seen as acceptance of the modified Terms and Conditions. ViViDoctor constantly provides access to the latest version of the Terms and Conditions and expressly mentions the date on which it was last updated.
The Platform User is invited and expected to verify if changes have been made to the Terms & Conditions, in particular at the time of each use of the Platform services.
In case of conflict, the Terms and Conditions as applicable at the time of the particular use will prevail.
11. General dispositions
If any part of this agreement is declared unenforceable or invalid, it will be void or unenforceable to that extent only. The remainder of this agreement will continue to be valid and enforceable.
12. Complaints, Questions and Disputes
For any question or complaint, the Platform User can contact ViViDoctor at +32 489 08 57 24 or firstname.lastname@example.org.
In the event of any dispute, each party undertakes in the first instance to reach an amicable resolution.
If a dispute cannot be resolved amicably, Belgian law shall apply to these Terms & Conditions and more generally, to all relations between ViViDoctor and the Platform Users. The courts of Belgium shall have exclusive jurisdiction, in accordance with the common rules for determining their seat.
This document was published on November 26th, 2018.