GENERAL CONDITIONS

Telemedicine consultations are not an emergency service. In case of emergency, you must call your doctor, an emergency service or 144. Allomed is a brand belonging to the company MEDIPOLE SA domiciled at Chemin des terrasses 12, 1820 Montreux. These general terms and conditions are valid for both the Allomed brand and the Medipole company.

1. Description of our application

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

2. Acceptance of these terms and conditions

   By accessing our application and opening a Personal User Account, you acknowledge that you have understood, read and accepted, without reservation, these general conditions as well as any special provisions that may be present on our application. You warrant that you have the intellectual and legal capacity to accept the terms and conditions. By opening a user account, you become a contractual partner of Allomed.ch for an indefinite period. However, it may be interrupted or terminated by either party at any time, without notice and without giving any reason If you do not agree with all or part of the terms and conditions, you must not use our application.

3. Personal conditions of use

   By registering for our application, you confirm that you are 18 years old, have the intellectual capacity to engage and be able to discern and exercise civil rights.

4. Registration, obligation of the user and confidentiality of identifiers

   A listing can only be created by a natural person and must only be used by that person. You may not create multiple user accounts or share or make available to others your personal user account. You are authorized to create an account only for a minor (under 18 years old) if you are the legal guardian (parent, or legal guardian) and you are responsible for this user account, as a personal account. All terms and conditions also apply on behalf of a minor for whom you are personally responsible. You are responsible for the consequences of erroneous 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 and the cada number of your insurance.

   • - Not to create a false identity likely to mislead Allomed, its doctors or third parties.

   • - Do not impersonate another person.

   • - Update immediately the data you have communicated to us during your first connection in case of change.

   • - Your user IDs are personal and confidential. You are fully and exclusively responsible for this. You must keep them secret and must not disclose them to anyone. You are responsible for any problems or damages resulting from the loss or theft of your credentials and must notify us by email at info@allomed.ch. Allomed bears no responsibility in case of loss or theft of your access.

5. Security

   Users are responsible for ensuring the security of the data, systems and programs they operate. In case of violation as defined in these terms and conditions we can immediately block access. We reserve the right to claim damages.

6. Privacy

   We process your personal data in accordance with Swiss data protection legislation. By using our application, you consent to our company, physicians and healthcare professionals collecting, processing, and using personal data, medical data, and other information about you. You also agree that our application will record all information, documents and communications concerning the processing of your teleconsultation in our database for 20 years (legal obligation). 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 Terms and Conditions.

7. Access to our application

   You can make an appointment with doctors or an assisted telemedicine center if 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 shifted or deleted in your calendar. In this case, you will be informed immediately by email and/or SMS. 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.

   Physicians and assisted telemedicine centers shall carry out their professional practice independently, in accordance with their ethical and legal obligations and under their own responsibility. The use of our services does not directly or indirectly modify or mitigate the liability and obligations of physicians 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 cancelled in advance at least 48 hours. You assume the consequences in case 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. During the appointment, you agree to connect at least 5 minutes before the online consultation to ensure the quality of your device's audio and video connection.

   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 terminate the consultation and charge you the cost of the consultation already performed.

   You acknowledge that we only provide the technical infrastructure for teleconsultation 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 the doctors and assisted telemedicine centers. We cannot be held responsible for the non-performance or improper performance of the services offered and are not responsible for any costs you have incurred in this context.

   Doctors alone decide whether the online consultation is appropriate for your treatment and can interrupt it if they conclude that adequate treatment cannot be done through teleconsultation. The doctors determine the duration of the teleconsultation. Physicians carry out teleconsultation independently, in accordance with their ethical and legal obligations. The teleconsultation takes place under your exclusive responsibility and that of the doctors.

   During the teleconsultation, in case of malfunction of any kind, you must immediately inform the doctors. You are liable to the doctors if you unduly interrupt your teleconsultation.

   You agree to use our application under conditions that allow you to ensure the confidentiality and smooth running of the teleconsultation. You agree not to record, copy, or distribute any content or extract of content related to teleconsultation by any means, medium, process or purpose. Teleconsultation is not recorded by doctors or any other third party. However, the Teleconsultation Service allows the physician 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 infringement of the right to one's image, respect for private life or professional and medical secrecy may be subject to sanctions, including criminal sanctions.

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

8. Medical records, access to medical records

   The patient registers for our application without any obligation. The information it gives is purely administrative. During the teleconsultation, the patient can, if he wishes, save documents on the application which only he has access to through his personal access. Medipole works with internal software for the management of the medical file. Medipole guarantees the confidentiality and security of the patient file. Medipole will create a medical record for each user (patient) containing administrative information, billing and medical record as understood. Only doctors working with Medipole will have access to the patient file. This will allow the doctor to create a session in relation to the teleconsultation he has done, to record the various documents he has given to the patient and to read the information given by another doctor working with Medipole. This will facilitate the care and follow-up of the patient, save time, and avoid unnecessary services. All documents will be kept for 20 years, legal period, by Medipole. By using our application, you agree that Medipole creates a patient record and authorizes all doctors working with Medipole to have access to your medical record. If you do not agree with this, you should not use our application. At your request, Medipole can send you your entire patient file only by email within 10 working days.

9. Prices and method of payment

   The doctors reimburse, through the company MEDIPOLE, the services provided by the latter. MEDIPOLE refuses any liability in relation to the invoiced fees and only invoices the services indicated by the doctors. Invoices will be sent directly to the health insurance and a copy of this invoice will be sent to the patient by email to the email address provided when registering. The invoice may be refused by the health insurance for several reasons (deductible not reached, 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 his name as debtor. The patient acknowledges, through these general conditions, that he is responsible for the payment of the invoices issued by MEDIPOLE and that he undertakes to pay them within the time indicated on the invoice. In case of past due payment of the fees will be charged, the patient agrees to pay these costs as well.

10. Dispute of invoices

    In case of dispute of invoices issued by the doctor who made the services, you must write an email to info@allomed.ch. In case of error admitted by the doctor, the invoice will be modified, in case of refusal of the doctor to modify the invoice for reasons that are specific and justified, you will receive an email indicating the reasons for maintaining the invoice on the part of the doctor. The invoice will remain due.

11. Termination

    We reserve the right, with or without cause, 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, legal period, even if your account is closed. You agree that we may cancel your password, your use of our application and delete any content for any reason and without giving any reason.

    ALLOMED may at any time and without notice, cease to provide the application or part thereof 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 not under any obligation to respond in any form. Allomed is not liable for 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 disable your personal user account, you are not allowed to open a new user account.

12. 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 agree to comply with all applicable legal provisions and not to infringe the rights of third parties and/or to misappropriate and/or access users' personal data or sensitive data.

    You expressly agree not to communicate through our application libelous, abusive, racist, defamatory, pornographic, pedophile, obscene remarks. You do not have the right to infringe the right to privacy, image, name, human dignity, anomalous dignity, minors, intellectual property, trademark rights, rights of others, copyright.

    You do not have the right to incite violence, hatred, crime, discrimination, crime in any way, to endanger the lives of others.

    You do not have the right to disregard Swiss law. You are not allowed to use tools that endanger our application.

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

13. SMS and emails 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 business accounts of third parties with whom we work.

14. Changes to the Terms and Conditions

    These terms and conditions are subject to change without notice. Only the latest updated version is done once.

15. Links

    Medipole and/or Allomed prohibits any link with its application, image, logo, or content. If Medipole and/or Allomed finds that you have used its image or anything else belonging to Medipole and/or Allomed, we reserve the right to initiate proceedings that will be fully charged to you.

16. Intellectual property

    The Services and our application, including the website, the application, and the content accessible on them (texts, slogans, graphics, images, photos, videos, trademarks, 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-assignable right to access our application and use the services in accordance with their intended purpose, in strict compliance with these terms and conditions. Any more extensive use, such as in particular the distribution, copying, modification, transformation, partial or total use of our application, content, or services, in any form and by any means whatsoever, is prohibited without our express prior authorization from MEDIPOLE.

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

17. No warranty

    Our telemedicine services and their content are provided as available. We give no guarantee of quality, enjoyment, and non-infringement of the rights of third parties. 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 the continued compatibility of the Services with all third-party products, that the Services will always be and remain available. You access and use our application at your sole risk. We expressly refuse 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 indicated in our terms and conditions. You are solely responsible for any damage caused using our application or the loss of some or all the materials you have downloaded or received.

18. Claim for compensation

    You agree to release Allomed, its employees and partners from any liability for any damages, losses, penalties, claims, fines, costs, expenses or otherwise. You agree to indemnify Allomed for attorneys' fees, costs and legal costs that may be caused to Allomed by your fault for non-compliance with the Terms and Conditions.

19. Liability

    Neither Allomed, nor its collaborators, nor its partners, nor the doctors will be held responsible in case of impossibility to offer its services. We will not be liable for any claim whatsoever in connection with the use of our application that exceeds the monetary value paid by the person in question through our application.

20. Force majeure

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

21. Transfer

    The transfer of your rights and obligations is prohibited. Allomed is entitled to transfer all its rights and obligations arising from its general terms and conditions subject to refusal by the patient. In case 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 from the sending of the transfer.

22. Traduction

    These general terms and conditions are written and translated into several languages. Only the French version prevails.

23. Final provisions

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

24. Formal requirement

    Any form written by e-mail will be sufficient.

25. Applicable law and authority

    Swiss law is exclusively applicable to these general terms and conditions and to any dispute relating to this contract. In case of dispute, the place of authority is Montreux.

26. Contact us

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

Montreux, 28.05.2023