TERMS AND CONDITIONS

 

Telemedicine consultations are not an emergency service. In the event of an emergency, you must call your doctor, an emergency service or 144.

Allomed is a brand belonging to the company MEDIPOLE SA domiciled Chemin des terrasses 12, 1820 Montreux. These general conditions are valid for both the Allomed brand and the Medipole company.

 

Description of our application

Our application allows telemedicine consultations between patients and doctors. We guarantee that the doctors registered on our application are authorized to practice in Switzerland by the public health service of the cantons in which they practice. Assisted telemedicine centers are centers in a place of health professionals who are authorized to practice and open to the public, we bear no responsibility for their professional competence. Doctors registered on our application are completely free to give their diagnosis, prescribe medications, various prescriptions, prescriptions, work stoppages, delegation vouchers, etc. They also have the right to refuse to provide these documents. Allomed bears no responsibility for the issuance or refusal of any document.

 

Acceptance of these general conditions

By accessing our application and opening a personal user account, you acknowledge having understood, read and accepted, without reservation, these general conditions as well as any special provisions that may be present on our application. You guarantee that you have the intellectual and legal capacity to accept the general conditions. By opening a user account, you become a contractual partner of Allomed.ch for an indefinite period. It may, however, be interrupted or terminated by either party at any time, without notice and without giving a reason.

If you do not agree with all or part of the terms and conditions, you must not use our application.

 

Personal conditions of use

By registering for our application, you confirm that you are 18 years old, have the intellectual capacities necessary to engage and are capable of discernment and exercise of civil rights.

 

Registration, user obligation and confidentiality of identifiers

A registration can only be created by an individual and must only be used by that person. You are not permitted to create multiple user accounts, nor to share or make your personal user account available to others. You are authorized to create an account only for a minor (under 18 years old) if you are the legal guardian (father, mother or legal guardian) and you are held responsible for this user account, like a personal account. All general conditions are also valid on behalf of a minor for whom you are personally responsible. You are responsible for the consequences of incorrect or incomplete information.

You agree to :

- Provide accurate and complete information about your identity as requested in the online form;

- Provide a photo of your insurance card as well as your insurance cada number;

- Provide valid identification ;

- Do not create a false identity likely to mislead Allomed, its doctors or third parties ;

- Do not usurp the identity of another person;

- Immediately update the data you provided to us during your first connection in the event of a change

Your user IDs are personal and confidential. You are entirely and exclusively responsible for this. You must keep them secret and must not disclose them to anyone. You are responsible for any problems or damage resulting from the loss or theft of your identifiers and must inform us by E-Mail-at info@allomed.ch. Allomed bears no responsibility in the event of loss or theft of your access.

 

Security

Users are responsible for ensuring the security of the data, systems and programs they operate. In the event of a violation as defined in these general conditions we may immediately block access. We reserve the rights to claim damages.

 

Private life

We process your personal data in accordance with Swiss data protection legislation. By using our application, you consent to our company, doctors and healthcare professionals collecting, processing, and using personal data, medical data and other information about you. You also accept that our application records all information, documents and communications concerning the processing of your teleconsultation in our database for 20 years (legal obligation). Any such information obtained through our application will only be used in accordance with our privacy policy. The privacy policy available on our website describes how we process your personal data. This privacy policy forms an integral part of these general conditions.

 

Access to our application

You can make an appointment with doctors, or an assisted telemedicine center provided you are registered on our application, at a time indicated as available on our application. Each appointment is transmitted in real time. If necessary, your appointment can be postponed or deleted from your calendar. In this case, you are immediately informed by notification on our platform.

You can manage your appointments and track your appointment history from your personal user account.

We are in no way responsible for any cancellation or unavailability of a doctor or a telemedicine center assisted following the scheduling of an appointment by you.

Doctors and assisted telemedicine centers exercise their professional practice in complete independence, according to their ethical and legal obligations and under their own responsibility. The use of our services does not directly or indirectly modify or mitigate the responsibility and obligations of the doctors and assisted telemedicine centers registered on our application.

Making an appointment through our application constitutes a firm commitment on your part and any no-show for a scheduled appointment must be canceled at least 48 hours in advance. You assume the consequences in the event of no-show. A missed appointment is charged 40.- and payable within 30 days.

We reserve the right to block your account if appointments made online are not respected or if 3 invoices have been open for more than 30 days.

During the appointment, you agree to connect at least 5 minutes before the online consultation to ensure the quality of the audio and video connection on your device.

To benefit from a quality teleconsultation service, you must have a device connected to the internet, fast connection, equipped with a microphone and a camera with sufficient resolution. If you do not meet these conditions or if the internet connection is insufficient for other reasons, the doctor may end the consultation and charge you for the cost of the consultation already carried out.

You acknowledge that we only provide the technical teleconsultation infrastructure between you, the doctors, and the assisted telemedicine centers. We are neither responsible nor competent for the execution of online consultation and advice by doctors. Medical services are the full and exclusive responsibility of doctors and assisted telemedicine centers. We cannot be held responsible for the non-performance or poor performance of the services offered and are not responsible for any costs you may have incurred in this context.

Doctors decide alone whether the online consultation is appropriate for your treatment and can interrupt it if they conclude that adequate treatment cannot be carried out by means of teleconsultation. The duration of the teleconsultation is determined by the doctors. Doctors carry out the teleconsultation completely independently, following the ethical and legal obligations incumbent on them. The teleconsultation takes place under your exclusive responsibility and that of the doctors.

During the teleconsultation, in the event of a malfunction of any nature, you must immediately inform the doctors. You are liable towards doctors if you improperly interrupt your teleconsultation.

You agree to use our application under conditions allowing you to ensure confidentiality and the smooth running of the teleconsultation. You undertake not to record, copy or distribute any content or extract of content related to teleconsultation, whatever the means, medium, process or purpose. The teleconsultation is not recorded by the doctors or any other third party. The Teleconsultation Service, however, allows the doctor, if necessary and for the sole purpose of facilitating the establishment of a diagnosis and/or completing the patient's medical file, to capture an image of the teleconsultation.

Any violation of image rights, respect for private life or professional and medical confidentiality may be subject to sanctions, including criminal sanctions.

Incivility, verbal or written, against doctors or health professionals may be subject to prosecution and termination of the user account.

 

Medical file, access to medical file

You register for our application without any obligation. The information you provide is purely administrative. During the teleconsultation, you can, if you wish, save documents on the application to which only you have access through your personal access. Medipole works with internal software for medical record management. Medipole guarantees the confidentiality and security of the patient file. Medipole will create a medical file for each user (patient) containing administrative information, billing and the medical file as understood. Only doctors with whom you have had a teleconsultation and who you have authorized, working with Medipole, will have access to your patient file. This will allow the doctor to create a session based on the teleconsultation he carried out, to record the various documents he gave you and to read the information given by another doctor working with Medipole. This will facilitate patient care and monitoring, save time and avoid unnecessary services and additional costs. All documents will be kept for 20 years, the legal period, by Medipole. By using our application, you accept that Medipole creates a patient file and authorize the doctors with whom you have or have had a teleconsultation and working with Medipole to have access to your medical file. If you do not agree with this, you should not use our application. Your entire patient file is on the platform. To have all your medical records, simply download all your documents. MEDIPOLE will therefore not provide you with any files, everything is available to you from the platform.

 

Price and payment terms

Doctors invoice, through the company MEDIPOLE, the services provided by them. MEDIPOLE disclaims all liability in relation to the fees invoiced and only invoices the services indicated by the doctors. Invoices will be sent directly to the health insurance company and a copy of this invoice will be sent to the patient by email to the email address they provided during registration. The bill may be refused by health insurance for various reasons (deductible not met, insurance model chosen by the patient not respected, etc.). In this case, the invoice will be modified and sent by email to the patient with their name as debtor. The patient acknowledges, through these general conditions, that he is responsible for the payment of invoices issued by MEDIPOLE and that he undertakes to pay them within the deadline indicated on the invoice. In the event of late payment, fees will be charged, the patient agrees to also pay these fees.

 

Dispute of invoices

In the event of a dispute over invoices issued by the doctor who provided the services, you must write an email to info@allomed.ch. In the event of an error admitted by the doctor, the invoice will be modified, in the event of the doctor's refusal to modify the invoice for reasons specific to him and justified, you will receive an email telling you the reasons for maintaining the invoice for the from the doctor. The invoice will remain due.

 

Termination

We reserve the right, with or without reason, at any time, without notice, without having to justify ourselves and without any liability, to deactivate your account permanently or temporarily. We will keep your medical data for 20 years, the legal period, even if your account is closed. You agree that we cancel your password, your use of our application and delete any content for any reason and without having to justify ourselves.

ALLOMED may at any time and without notice, stop providing the application or part of it as well as its services.

You agree that any termination will be made without notice and agree that ALLOMED has no liability to you or any third party and is under no obligation to respond in any way whatsoever. . Allomed is not responsible for any damages resulting from the suspension of our application under this article.

You can exercise your rights over your personal data in accordance with our privacy policy. If we suspend or limit access to our application, or deactivate your personal user account, you are not authorized to open a new user account.

 

Prohibited activities

By communicating content on or through our application, whether on your account or discussions or any other similar section of our application, you undertake to respect all applicable legal provisions and not to infringe the rights of third parties and/or or to misappropriate and/or access users' personal data or sensitive data.

You expressly undertake not to communicate through our application slanderous, offensive, racist, defamatory, pornographic, pedophilic, or obscene comments. You do not have the right to infringe the right to privacy, image, name, human dignity, abnormal dignity, minors, intellectual property, trademark rights, others, copyright.

You do not have the right to incite violence, hatred, crime, discrimination, offenses in any way whatsoever, or to put the lives of others in danger.

You do not have the right not to respect Swiss law.

You do not have the right to use tools that endanger our application.

You are held criminally, administratively, and civilly liable for any act cited above or missing which could be prosecuted. We reserve the right, upon request from a competent judicial authority, to communicate any information in our possession. You acknowledge that you must fully compensate us for any indirect or direct damage resulting from a prohibited activity or causing damage to our application.

 

SMS and emails sent to the user

You authorize our application and the third parties we work with to send you SMS and emails (means of communication). These means of communication may come from our application or through the professional accounts of third parties with whom we work.

 

Modification of the general conditions

These general conditions are subject to change without notice. Only the latest updated version is used.

 

Connections

Medipole and/or Allomed prohibits any link with its application or image or logo or content. If Medipole and/or Allomed notices that you have used its image or anything else belonging to Medipole and/or Allomed, we reserve the right to initiate procedures which will be entirely your responsibility.

 

Intellectual property

The Services and our application, including the website, the application as well as the content accessible on them (texts, slogans, graphics, images, photos, videos, brands, logos, company name, etc.) are the exclusive property of MEDIPOLE SA or its licensors.

We grant you a personal, non-exclusive, revocable, non-transferable, and non-transferable right to access our application and use the services in accordance with their intended purpose, in strict compliance with these general conditions.

Any more extensive use, such as in particular the distribution, copying, modification, transformation, partial or total use of our application, the content, or the services, in any form and by any means whatsoever, is prohibited without our express and prior authorization from MEDIPOLE.

You agree not to attempt to access or copy the source codes of our application, use our application for purposes other than to use the services, create copies of our application, reproduce, correct, extract, modify, translate into any language or languages, reuse, arrange, adapt, or incorporate our application into other software or create derivative works based on our application by any means.

 

No guarantee

Our telemedicine services and content are provided as available. We give no guarantee of quality, enjoyment, and non-violation of third-party rights. We do not warrant that the Services will meet your requirements or that their operation will be uninterrupted or error-free. We do not guarantee that a doctor will be always available. We do not guarantee continued compatibility of the Services with any third-party products, that the Services will always be and remain available. You access and use our application at your sole risk. We expressly disclaim all warranties, including availability, quality, and non-infringement of our application and/or their content. You waive these warranties. No information obtained by Allomed will create any warranty or obligation other than those stated in our terms and conditions. You are solely responsible for any damage caused using our application or the loss of part or all of the documents you downloaded or received.

 

Claim for compensation

You agree to exonerate Allomed, its collaborators and its partners from any liability for any damage, losses, penalties, claims, fines, costs, expenses or otherwise. You agree to indemnify Allomed for attorney's fees, costs and legal costs that may be caused to Allomed by your fault for non-compliance with the general conditions.

 

Responsibility

Neither Allomed, nor its collaborators, nor its partners, nor the doctors will be held responsible in the event of it being impossible to offer its services. We will not be held liable whatsoever for any claim relating to the use of our application which is greater than the monetary value paid by the person in question through our application.

 

Force majeure

Allomed is in no way responsible for any failure beyond its control, in the event of force majeure such as a disaster of any kind.

 

Transfer

The transfer of your rights and obligations is prohibited. Allomed is authorized to transfer all of its rights and obligations arising from its general conditions subject to refusal by the patient. In the event of transfer by Allomed to a third party, the information will be sent to the patient through our application. It will be considered that the patient has accepted the transfer unless he refuses it within 7 days of sending.

 

Traduction

These general conditions are drawn up and translated into several languages. Only the French version prevails.

 

Final provisions

These general conditions are only valid for users (patients) of our application and our website. They are not valid for anyone else, whether private or natural person. These general conditions, including any modification or addition, constitute the entire agreement between Allomed and the patient. In the event of nullity of one of the clauses, the rest of the contract remains in force.

 

Form requirement

Any written form by email will be sufficient.

 

Applicable law and legal forum

Swiss law is exclusively applicable to these general conditions and to any dispute relating to this contract. In the event of a dispute, the forum is in Montreux.

 

Contact us

MEDIPOLE SA – Chemin des terrasses 12 – 1820 Montreux – info@medipole.ch

 

Montreux, the 28.05.2024