The use of the application or of the “MedinAction” website is subject to the full express acceptance of the terms and conditions outlined below (the “Terms and Conditions”). Upon acceptance, a separate contract between “MEDINACTIION SRLS” (hereinafter, “MedinAction” or “Supplier”) and You (“User”) is formed, relating to the medical services as defined below and disciplined in these Terms and conditions (hereinafter, the “Services”).
Any change to the Terms and Conditions is subject to prior written agreement with MEDINACTION S.R.L.S. according to the times and modalities set out in section 13.1 and following.
The acceptance of these Terms and Conditions occurs by marking a flag in the checkbox “I accept the Terms and Conditions”, for the Doctors by the dispatch of the undersigned exemption of liability to the email info@medinaction.com. By marking the aforementioned flag, the Users, and by sending the abovementioned exemption of liability to the aforementioned email the Doctor, confirm to have read, understood and accepted unreserved the following.
In order to activate the Service you must confirm by marking the flag in the checkbox that you have read the Privacy Policy, set out in accordance with section 13 of the Legislative Decree no. 196/2003 and express relevant consent to the processing of personal data by placing on the same screen the required preferences.
- The data necessary for the booking as defined in section5 shall be disclosed after the relevant consent to use the Service. With such data you accept that MEDINACTION SRLS send the following information to the Doctor who will perform the visit.
- The Data concerning the medical visit communicated directly to the Doctor will be treated by the same Doctor and covered by medical professional secrecy.
These conditions are considered completely understood and accepted upon installation on a compatible device, or by the use by any means of the software product called “MedinAction” 1.0.2 release (hereinafter “Application”).
Failure to accept these conditions does not authorize the downloading, installation, use, or any other operation not explicitly authorized of the Application and therefore the User is not entitled to download it. Any operation carried out in the absence of acceptance of this agreement must be considered as unauthorized and illegal.
Terms and conditions of the services accessible through the Application and the Website
Definitions
For the purposes of these Terms and Conditions, the following definitions shall apply:
“Account”: the User Profile, accessible through the access credentials chosen by the User when subscribing to the services provided by MEDINACTION S.R.L.S. Depending on the profile chosen by the User, the account may lead to different requirements and operating characteristics;
“Application”: the official application of MEDINACTION S.R.L.S. available for iOS and Android devices and downloadable respectively through the App Store and Google Play, usable only prior registration of a User Account and a complete acceptance of these Terms and Conditions;
“Content”: all content appearing on the Application and on the Portal, with the exception of personal data and of what is being added by Users, such as, by way of example, trademarks and logos, and any other type of content used on the Application;
“Device”: one or more hardware devices compatible with the utilization and the functioning of the Application or of the Portal;
“Flag”: tick electronically placed on a mailbox correlating with the function to which you agree;
“Supplier”: MEDINACTION S.R.L.S., company OF SOFTWARE PRODUCTION NOT RELATED TO THE EDITING, with its registered office at Viale Leonardo Da Vinci 226, 00145 Rome (Italy);
“Account”: the Account of the User requiring the non-urgent services of the Doctors. The Account shows the type of service it needs among those offered by the Application, the characteristics of its request and its contact information (email and mobile phone) in order to access information concerning the doctor. After the User has reserved either a general or a specialist medical visit, both the User and the Doctor will receive the contact details to contact each other directly;
“health professional” Their performance is independent and they are not considered as employees of MEDINACTION SRLS and can be contacted solely after the signing and the dispatch of the liability waiver
“Doctors”: Their performance is independent and they are not considered as employees of MEDINACTION SRLS and can be contacted solely after the signing and the dispatch of the liability waiver;
“Portal”: the website available at www.medinaction.com where the non-emergency medical services offered by the Doctors are shown and where it is also possible to book the service;
“Proposal”: the announcement made by an Account holding User, indicating all the necessary elements in order to better adjust the Doctor selection procedure;
“User”: the person holding an account among those available, necessary to use the services advertised on the Portal and accessible through the Application and the Portal.
Object
The application enables you to use the services on the Application by the Supplier and provided by the Doctors, after registering a User Account through specific credentials. By installing the Application on their Device, Users fully accept these Terms and Conditions unreservedly.
The User, through the Application and the Web portal has the ability to:
activate a User Account. They will be stored at the partner’s servers managing the platform.
The User will also be asked to specify the symptoms for which the service is requested and the relevant age group.
The User must enter the address where he desires the service to be carried out and then the screen will show a summary of the requested service.
The User will be able to communicate with a Doctor, not in order to obtain technical advice and therefore not exhaustive, but subject to an actual medical examination using the free Chat service.
Users agree to use within their dealings with the Doctor only the Application or the website and will have to pay the Doctor the compensation displayed on the Application or on the website on the base of the booking data and the amount of which will be charged on the User’s Paypal account or by cash payment.
The payment methods provided are Payapl, through the application or the Web site, or cash. The doctor gives MEDINACTION SRLS the mandate to collect payment, in case of payment through the platform, after the acceptance of the Terms and Conditions.
For any doubts and / or questions the dedicated customer care service is available at info@medinaction.com from Monday to Friday from 9:30 to 18:30 and at the phone number displayed on the web portal and on the Application.
Once the service has been accomplished, Users will be able to leave a feedback on the MedinAction Facebook profile to describe their experience on the job carried out by the Doctor, whom it is hereby stressed being self-employed and not to be considered as an employee of MEDINACTION SRLS.
2 SCOPE
2.1 Role of MedinAction
2.1.1 Users declare to understand and accept that MEDINACTION S.R.L.S. does not provide any Doctor or Medical service, and that MEDINACTION S.R.L.S. is not a clinic or a service replacing nor suitable any emergency or urgency, such as first aid. MEDINACTION S.R.L.S. offers a mere intermediary service through the Application and the Web site, not by phone.
It is emphasized and it should be noted that the number displayed on the Web site or the Application shall be used exclusively for information or support concerning bookings and use of the Application or web Portal.
MEDINACTION S.R.L.S. offers information and is a technological means enabling Users requiring a non-emergency medical service to connect with Doctors who offer a general practitioner or specialist service in an entirely autonomous way and therefore they exempt MEDINACTION S.R.L.S. from any kind of liability. MEDINACTION S.R.L.S. does not provide and does not intend to provide medical, healthcare nor emergency services, nor does it intend to act in any way such as a clinic, a healthcare nor a first aid facility. MEDINACTION S.R.L.S does not take any responsibility for any potential medical or healthcare services offered by the Doctors, who provide their services in a totally autonomous way, being self-employed and not to be considered as an employee of MEDINACTION SRLS.
2.1.2 The Doctors and the Health professionals acknowledge and accept that MEDINACTION S.R.L.S. acts exclusively as a technological means to which they give a mandate to collect payment and a percentage (30% for house calls and 40% for online consultations) from each visit completed through the same service and they also exempt MEDINACTION S.R.L.S. from any liability.
The Doctors and the Health professionals shall be exclusively responsible for any and all liability arising, or presumed to be so, from the medical or from the healthcare service, including, but not limited to injuries, deaths and damage to property.
The physician agrees to indemnify, defend and hold harmless MEDINACTION S.R.L.S. from and against any
(potential) expense or (potential) damage incurred in by third parties, including Users or Doctors, for any
consequences resulting from the supply of the medical healthcare services.
By the supplying of the Medical Services to the User, the Doctor agrees, recognizes and undersignes the conclusion of a direct and exclusive contract between the Doctor and the User. MEDINACTION S.R.L.S. will not be held liable for actions, omissions and Users’ behavior in relation to the Doctors and their working tools. Doctors are held exclusively responsible for the adoption of reasonable and adequate precautions in interactions with third parties in relation to the medical services. Should this division of the mutual responsibilities of the Parties result ineffective under the applicable law, the Partner shall indemnify, defend and hold MEDINACTION S.R.L.S. harmless from and against any claim filed against MEDINACTION S.R.L.S., in relation to the provisions concerning the Doctor regarding the Medical Service and under applicable law.
The Doctors through liability waiver provide their registration in the medical register and the number of their medical professional insurance.
Registrazione di un Account
3.1 To use the services accessible through the Application, you must register and activate a User Account. The User Account is intended for only one person and the unauthorized use of a User Account of another person is a violation of these Terms and Conditions, and could also constitute violation of the law.
3.2 The User Account enables you to use the services available on the Application.
3.3 In order to register an User Account (also through Facebook), you must fill out the appropriate registration forms, prepared for the different types of accounts with detailed and complete information. The Users alone are responsible for the activities carried out using their account, so they should keep their login credentials submitted during registration in a safe place; otherwise, the User Account holder may be held liable for any illegal activity performed using the access credentials of their Account.
3.4 The Account access password can be changed at any time by the Users, who also agree to immediately inform the Supplier of any unauthorized use or breach of security they might be aware of, regarding their Account. The Supplier shall not be held in any way responsible for Users’ behavior in violation of this section, and shall not be in any case responsible for the damages potentially arising from security breaches, unauthorized access and any other event deriving on the Users’ behavior. In any case, the Supplier reserves the right to suspend and / or delete, at its sole discretion and without notice, the Account of one or more Users, should it deem such action necessary to protect its commercial interests and / or for similar reasons and / or in pursuance of order of the competent authority.
3.5 Upon registration you must provide, in particular, the following information: a) For a User Account: city, name, surname, date of birth, gender, mobile phone number, address, e-mail and password. After submitting this information, the Application will allow you or not to proceed with the booking of medical service after having read these Terms and Conditions and the relevant Privacy Policy. The use of the Application by an Account is free. However, data concerning Paypal are necessary to use the medical services, if Paypal is chosen as the method of payment.
3.6 The information specified in section 3.5 are necessary for the proper functioning of the indexing systems and, in general, to carry out all the activities present on the Application. Should Users not provide all the mandatory information, they will not be able to activate their account and enjoy the services on the Application and the Portal.
Intellectual Property Rights
5.1 The Content present on the Application and on the Portal constitutes intellectual property, either registered by or licensed to the Supplier, and therefore subject to Copyright and Intellectual Property Law. The Content may incorporate registered intellectual property registered and protected also according to International Treaties. It is strictly prohibited for the User and for the Doctor to copy, reproduce, transmit, sell, license or, in any case, use the Content, for purposes differing from those prescribed by these Terms and conditions, in the absence of prior written approval of the Supplier. The Provider reserves every right not explicitly granted on the Portal, on the Application and the related Content.
5.2 The content of the bookings made through the Application Web site is determined the User and does not constitute in any way Supplier’s intellectual property, nor in any way reflects the views of the latter. The Supplier does not exercise any prior control over the content of the bookings but reserves all appropriate action subsequently,
In case of inappropriate content in one of the bookings, the Supplier reserves the full right to take action at its own discretion to delete the booking and, if necessary, also the User Account that made the aforementioned booking.
5.3 All sections and content of the Application and of the Portal constitute are in any case subject to the Copyright and Intellectual Property Law pursuant to Law no. 633/1941 and Legislative Decree no. 30/2005.
Rules for the use of services offered by the Application
6.1 Users who use the services on the Application do so at their own risk and on their own responsibility. Specifically, the Users alone are responsible for all the information and / or content uploaded through their Account, for use of the services available on the Application.
6.2 The registered User agrees, under penalty of Account cancellation, not to publish in the dedicated sections of the Application information and content:
– pornographic, obscene or child pornographic, or in any way related to such topics;
– which could harm minors in any way;
– blasphemous or offensive to morals or ethics of any religious confession;
– having purposes against public order, or promoting violence and / or racial hatred;
– which is unlawfully detained and / or acquired (eg. unauthorized photographic material, software or fragments of pirated software code, etc.);
– which advertises or promotes third parties different other than the Supplier;
– which concerns gambling or any other game requiring cash contributions;
– which is protected by copyright, either relating to audio, text, images or video clips, in the absence of the required authorizations by the respective owners of the rights;
– which could in any way harm other Users and / or third parties;
– which contains computer viruses or other software that could damage or alter the proper functioning of the Portal;
– which promotes or incites to perform unlawful activities;
– which contains still or moving images of ordinary and / or popular people attributable to such persons, in the absence of their prior authorization;
– which contains misleading or comparative advertising, pursuant to the legislation in force (Law no. 49/2005);
– which violates or incites others to violate any law or regulation, including legislation on data protection.
Use of the Application and termination clause
7.1 Users may download, install, store, access, display, run and use, on one or more devices, a copy of the Application in the version of these Terms and Conditions, under the same conditions, in a different released version, compatible with their operating system.
7.2 The use of the Application implies the prior identification of Users who, during the dedicated session, must login using their preset credentials upon registration.
7.3 By using the Application Users will be able to access the Content and the services advertised on www.medinaction.com Portal, as well as a range of specific features.
7.4 The holders of a User Account agree not to use any automated system, including but not limited to, “robots,” “spiders,” automated forms filling systems or similar technology (both hardware and software), which allows access to the Application and send multiple requests and messages to the Provider’s servers with greater frequency than that reasonably producible over the same timeframe by a human through a conventional internet browser.
7.5 The Users agree not to use any so called Reverse engineering or automated technology decoding software which allows access to the Application and send multiple requests and messages to the Provider’s servers with greater frequency than that reasonably producible over the same timeframe by a human through a conventional internet browser.
7.6 Users are not allowed to develop products or software applications based on the MEDINACTION S.R.L.S Application. Any authorizations in exceptions to this provision may be granted by the Supplier on the basis of a specific written agreement.
7.7 In order to use the Application a device with the specifications required upon installation is necessary. In no case MEDINACTION S.R.L.S may be held responsible for the malfunctioning of the Application on platforms and / or on devices for which the Application was not originally designed and / or made compatible.
7.8 Should Users fail to comply with these Conditions for use of the Application, and therefore in event of default or breach of the provisions of this section, paragraphs 2 and 7, the contract shall be considered terminated pursuant to section 1456 of the Italian Civil Code. In such case MEDINACTION S.R.L.S may require Users to uninstall the Application. MEDINACTION S.R.L.S. shall be entitled to demand compensation for the damages suffered and will not be in any case required to reimburse, even partially, the fee, even as an advanced payment, paid by the User in order to use the Application.
Warranty
8.1 The Application, released in the latest version available upon installation, is provided without guarantee of functioning with respect to all possible applications and uses. Users therefore agree with the Provider and accept that the Application may contain flaws. By way of example, but not limited to: (Failure to load data, malfunction in whole or in part (crash), slowness in the transition from one session to another up to be unusable, problems with the adjustment to the design so that the resolution of the graphics assets is inadequate to provide a “retinalike” user experience).
8.2 Notwithstanding the limits imposed by the law, the Supplier does not guarantee that the functions of the Application meet the User’s requirements or that the functions can take place without interruption or errors or that all defects contained in the Application can be readily fixed.
8.3 The Supplier However, after a detailed written notification by the User, received within a maximum period of 5 (five) days from the detection of the error or of the malfunctioning of the Application may decide, at its own discretion, to fix the program errors or the substantial defects of the Application without, however, any guarantee that the said intervention proves to be effective.
8.4 Users are required to install each release and correction (fix) provided by MEDINACTION S.R.L.S. and to use the recommended version of the operating system.
Disclaimer of Warranties
9.1 Without prejudice to mandatory law, MEDINACTION S.R.L.S. does not provide and does not acknowledge any guarantee for original nor supervening defects and makes no promise of quality, proper functioning or fitness for a particular result in relation to the Application, besides what expressly provided for under Article 8, “Warranty.”
9.2 Any warranty is in any case excluded in the event that the Application is made part of other software applications developed by third parties. With regard to these applications, moreover, the Supplier expressly declares that it has not performed and, in any case, does not perform any controlling nor accreditation of its functioning.
Limitation of Liability
10.1 The Provider is in no event liable for damages resulting from the use of the Application, except as provided for by mandatory law.
10.2 The Supplier shall not be liable in any way for errors or malfunctions due to improper or unsuitable use of the Application or not in accordance the information supplied, by accidental causes, accident, force majeure or any other cause not attributable to MEDINACTION S.R.L.S ..
10.3. In no event MEDINACTION S.R.L.S. or its suppliers shall be liable for direct or indirect damages (including also the damage for loss of business profits or savings, business interruption, loss of information or data and other economic losses) resulting to the Users or to third parties from the use or Failure to use the Application, even in the event that MEDINACTION SRLS had been warned of the possibility of such damages. This limitation of liability is applicable not only in cases of use of the Application according to modalities which are non-compliant with those outlined by the Supplier, but also in the case of use in accordance with the same.
Suspension of services – removal of inactive Accounts
11.1 The Provider reserves the right to make changes to the service at any time without prior notice. Should these changes result in the suspension of the services, however, the Supplier will make every effort to give prior notice.
11.2 The Provider reserves the right to remove, following an e-mail notice sent seven days before, the Accounts that have been registered and have not been used for a period of 365 consecutive calendar days.
Updates
12.1 These Terms and Conditions also apply to the updated versions of the Application as well as to the improvements or modifications of the same.
Changes to these Terms and Conditions of Use
13.1 The Supplier may change these Terms and Conditions at any time without prior notice to Users.
13.2 Tutte le modifiche ai Termini e Condizioni saranno comunicate via email agli Utenti, una volta pubblicate sull’Applicazione e/o sul Portale. Qualora, a seguito delle modifiche intervenute, un Utente non intenda proseguire nell’utilizzo del proprio Account, potrà contattare il Fornitore per richiederne la chiusura. In difetto di comunicazioni nel termine di 15 giorni dal mutamento dei Termini e Condizioni, i cambiamenti si intenderanno conosciuti ed integralmente accettati dall’Utente.
Any changes to the Terms and Conditions are communicated by email to the Users, once published on the Application and / or to the Portal. Should Users not intend to continue using their Account as a result of the changes, they can contact the Supplier to request the cancellation of their Account. In the absence of communications within 15 days from the change to the Terms and Conditions, the changes will be considered known and fully accepted by the User.
Miscellaneous provisions
14.1 By means of these Terms and Conditions the Supplier intends exclusively to regulate the use of the Application and of the Portal, not being the Terms and Conditions applicable to any kind of additional and different service.
14.2 Users acknowledge and accept that any use of the Application as an intermediary instrument between demand and supply of labor is forbidden and shall avoid placing content in violation of this prohibition, such that demand and supply of labor meet through the Portal.
14.3 Any unauthorized use will result in the suspension / removal of the Account.
15 Applicable Law, Jurisdiction and Competence
15.1 This Contract is subject to Italian law. Notwithstanding any different connection provisions of individual legal systems or international conventions, any dispute arising between the parties regarding the interpretation or enforcement thereof shall be referred exclusively to Italian jurisdiction, with competence, also exclusive of the Court of Rome.
By installing the Application and creating the relevant Account, Users expressly accept fully and unreservedly the content of these Terms and Conditions acknowledging them as appropriate to their needs and declare to have read them with care.
Translation
16.1 Should these Terms and Conditions be translated into another language, it is understood that the Italian version shall prevail.
