General Business Terms and Conditions of EDOKTOR Online Platform

1.1 Scope of application

These business terms and conditions apply to the contractual relationship between the company EDOCTOR LTD, CRN: 21674192, TIN: 112437347, based at Lepenička 7, 11000 Voždovac, Belgrade, the Republic of Serbia (“EDOCTOR”) as the owner of the online platform called EDOKTOR (hereinafter “EDOKTOR”) and users of the EDOKTOR platform. The company objects of the EDOKTOR platform include the provision of intermediary services to persons who register as account holders (“Account Holder”) on the EDOKTOR platform in the following way: at the request of the Account Holder, EDOCTOR provides access to the Account (“Account”), and then connects the Account Holders to adequate providers of medical consultations (“Consultant”) at the option of the Account Holder. Consultants are general practitioners and specialist doctors employed by a registered healthcare facility with whom EDOCTOR professionally cooperates. EDOCTOR provides Account Holders with other related services on the technical platform provided by EDOCTOR on the iOS and Android application (“Application”), as well as on the website www.edoktor.rs. EDOCTOR will enable the platform users to enter their information about ailments, diseases and medical history in electronic form, after which the platform users will be able to choose the Consultants available on the platform who will provide the platform user with a medical consultation at the selected time.

1.2 Description of services

Through the Application, individuals and legal entities can book online meetings for their employees in any form with licensed healthcare professionals, especially general practitioners and specialist doctors employed by healthcare facilities with which EDOCTOR cooperates, for medical consultations. Moreover, the Account Holder can submit (in electronic form) a written description of the symptoms or any document related to the health condition of the Account Holder through the platform and the Account before the online meeting. Before starting the online video meeting, the licensed healthcare professional is obliged to establish the identity of the person of the Account Holder who requires medical consultations through the platform. The identity of the person of the Account Holder is established by providing the licensed healthcare professional with a scan of a valid identity document – ID card or passport, in accordance with Article 2.1 of these Terms and Conditions. When the video meeting begins, the Account Holder can describe their health condition and concerns to the doctor who will then perform a visual examination of the patient, carry out medical consultations and advise the patient on how to proceed with further treatment. The medical consultations provided by the Consultants do not constitute the performance of a healthcare activity in the sense of the regulations on health care. General practitioners and specialist doctors, as well as healthcare facilities with which EDOCTOR cooperates will ensure that the diagnosis after the online examination is in accordance with the regulations on health care. Furthermore, if medical consultations require the prescription of prescription drugs to the Account Holder, i.e., to the patient-platform user, general practitioners and specialist doctors, as well as healthcare facilities with which EDOCTOR cooperates, will ensure that the electronic issuance of prescriptions for prescription drugs is in accordance with the health care regulations. Accordingly, EDOCTOR is not responsible for the medical consultations provided by the licensed healthcare professionals, nor for formulating diagnoses and issuing prescriptions, and the Account Holder accepts that the content of the medical consultations, diagnosing and issuing prescriptions is solely the responsibility of the licensed healthcare professional (the Consultant) and the corresponding healthcare facility with which EDOCTOR professionally cooperates.

1.3 EDOKTOR as an intermediary

EDOKTOR is only a platform for providing an intermediary service of establishing a relationship between the Account Holder and the Consultant and, thus, EDOCTOR does not represent a healthcare provider in terms of healthcare regulations; a healthcare facility with which EDOCTOR cooperates can be considered the healthcare provider. Therefore, the contract between the Account Holder and EDOCTOR is strictly a service (mediation) agreement which refers to the provision of a technical solution to the Account Holders who seek medical consultation with a selected licensed healthcare professional engaged by a healthcare facility as a healthcare provider. Hence, EDOKTOR is not responsible for the selection of the licensed medical professional by the Account Holder nor for the nature or quality of the medical consultations provided through the online video meeting. The Consultant is directly and exclusively responsible for the nature or quality of the medical consultation provided to the Account Holder and the relationship between the Account Holder and the Consultant represents a separate contractual relationship.

1.4 Concluding a brokerage contract by creating an account

The Account Holder enters into a contract with EDOCTOR by creating an account in accordance with current in-app guidelines available online or through the app. By registering an account in the application, the Account Holder fully agrees to all the terms of use stated here.

1.5 Medical consultations

Through the Application, the licensed healthcare worker, especially the physician, does not provide healthcare or healthcare activities in any form, but performs medical consultations that are purely informative. Health care and healthcare activities are exclusively performed by a registered healthcare facility with which EDOCTOR professionally cooperates. Diagnosing or providing therapy, as well as issuing prescriptions for prescription drugs, will be performed by a licensed healthcare professional, general practitioner or specialist employed by a registered healthcare facility.

1.6 Referral for examination – emergency medical care when necessary

The use of the Application cannot replace in any way an examination by the chosen doctor and/or an examination by a specialist doctor. If the Consultant assesses that there is a need for that, they will, after an online examination, refer the Account Holder to the chosen doctor and/or specialist doctor for an examination. Using the Application is not eligible for providing emergency medical care. In such a case, the user is obliged to contact an emergency service.


1.7 The Consultant’s liability regarding consultations


In the event that the Consultants provide information through the Application that goes beyond the scope of medical consultations for information purposes, the Account Holder is obliged to ignore such information. In any case, EDOCTOR is not responsible for the quality of the information provided by the Consultant, nor is it responsible in case that the Consultant provides information that goes beyond the scope of medical consultations given for information purposes only. That responsibility rests solely with the Consultant.


2. General information on accounts and the application

2.1 Registration

Account Registration and logging in the Application require that the Account Holder is obliged to introduce himself/herself to the doctor and show a valid ID card or other valid document via video call, as well as to prove that he/she is eighteen (18) or older. EDOCTOR reserves the right to decline a user’s registration if there is reasonable suspicion of misuse of personal documents.

2.2 The Account Holder’s liability

The Account Holder is responsible for all actions related to the use of the account. The Account may only be used by the user who is registered to the Account and cannot be used or transferred by another person. The only exception to this rule applies to legal guardians who may use their Account on behalf of a child, provided that the child is under the age of eighteen (18). EDOCTOR assumes no responsibility for any misuse of the Account by third parties who are not Account Holders or any consequences or potential damages that could result from such misuse.

2.3


The Account Holder is responsible for ensuring that the Account is used in accordance with these terms and conditions of use, as well as with other conditions communicated to them in the application during the term of the contract. The Account Holder is solely responsible for the information given to or through the application, and, therefore, assumes all responsibility for its content.

2.4

By registering an account in the application, the Account Holder confirms and accepts the technical specifications, conditions and restrictions of the Application that are listed in the EDOKTOR’s descriptions of services and products available in the application.

2.5

By opening an Account in the application, the Account Holder accepts and confirms that EDOKTOR may use the specified contact information to send offers and information regarding the service via e-mail and push notifications. The Account Holder has the right to cancel this form of communication at any time after the registration of the Account.

2.6

Due to the technology-based format of the service, the Application and the service are limited to specific forms of diseases, as well as health problems that are listed in the application.

3. Prices and payment

3.1


Prices and fees for a video meeting with a Consultant in the application and other potential costs are indicated in the list of current prices which is available in the application before booking a meeting with a healthcare professional. EDOCTOR will ensure that the valid prices for the services-consultations are always available in the Application, depending on whether they are provided by a general practitioner or a specialist doctor. EDOCTOR will collect the fee for the video meeting with the Consultant in the application and all other potential costs listed in the price list in the application exclusively in the name and on behalf of the healthcare facility that is authorized to provide healthcare activity. The price displayed in the application represents the full amount and the Account Holder will not be charged any additional costs.

3.2

Payment for the video meeting in the application is processed before the beginning of the meeting. Account Holders cannot initiate a video meeting with a healthcare professional until the payment is approved.


3.3

By placing an order or using the Application, the Account Holder gives EDOCTOR consent to collect the potential payment of both the executed Order and the use of the Application through an invoice, fiscal receipt, cost specification or fiscal account, and agrees to receive payment receipts for the specified items electronically in the form of an electronic invoice, all in accordance with Article 7 paragraph 1 of the Law on Electronic Invoicing (“Official Gazette of RS”, no. 44/2021 and 129/2021). By creating an Account and registering on the platform, the Account Holder acknowledges that the Account Holder is aware of all the rights that the Account Holder is entitled to under the law as a user of the service.

4. EDOCTOR’s Liability

4.1

In addition to the limitations stated in this article, EDOCTOR is responsible for ensuring that the Application:

is available in accordance with Article 4.4 below;

keeps and makes available the description of the symptoms and the Account Holder to the providers of medical consultations;

ensures the possibility of storing electronic documents on the medical history and the database of electronic prescriptions, as well as all documents related to the treatment of the Account Holder.

4.2

EDOCTOR aims to ensure a continued availability of the Application. The Account Holder should be given a reasonable opportunity to visit the Account and the Application at any time of the day. The Account Holder can schedule an appointment according to available time intervals in the in-app booking system. The Account Holder can schedule an appointment on a specific date and time or when needed. Access to the Application, including online video meetings, is provided in accordance with the abovementioned conditions, with the exception of permitted interruptions such as (but not limited to) the maintenance of the Application or service system.

4.3

EDOCTOR assumes no responsibility for availability interruptions resulting from:

errors/problems with the hardware/equipment of the Account Holder, network, software or errors in the software which is part of an independent product and which EDOCTOR, despite attempts to prevent and correct, cannot avoid;

other circumstances which the Account Holder is responsible for in accordance with the agreement;

a virus on a used device or other security threat that, despite EDOCTOR’s preventive efforts, interferes with the service;

circumstances constituting force majeure in accordance with Article 10 below.

4.4

EDOCTOR is solely responsible for the operation of the Application, which includes the provision of online video meetings between the Account Holder and the Consultant, as well as related services such as the storage of information provided by the Account Holders and EDOCTOR (defined above in these general terms and conditions). EDOCTOR is not responsible for the consultations and information provided by the Consultant to the Account Holder in writing or at a video meeting. That responsibility rests exclusively with the general practitioner and the specialist doctor who provide the consultations, as well as with the healthcare facilities with which EDOCTOR cooperates.

4.5

Interruptions or errors within the Application should be reported without delay to the EDOKTOR’s customer service, by e-mail to info@edoktor.rs. 

4.6

EDOCTOR is not responsible for errors caused by the Account Holder or any conditions for which the Account Holder is responsible. In addition, EDOCTOR is not responsible for any personal harm or consequences that may arise, directly or indirectly, from the use or misuse of the information provided, represented or directed by the Application.

5. Intangible rights 

5.1

Ownership, property rights and all intellectual property rights in connection with the EDOKTOR brand, company and application, as well as all contract documents used and/or provided by EDOKTOR in the application, such as (but not limited to) these terms and conditions of use, belong exclusively to EDOCTOR. Therefore, EDOCTOR reserves the exclusive right to use the abovementioned material. Any replication, modification and/or other use of EDOKTOR’s material not expressly authorized in these Terms and Conditions or the EDOKTOR’s instructions elsewhere is strictly prohibited.

5.2

The Account Holder acknowledges and accepts that an unauthorized use of EDOCTOR’s intangible rights, in addition to violating the terms and conditions, may constitute a criminal offense and the right to compensation, both tangible and intangible, including (but not limited to) lost profits. EDOCTOR reserves the right to initiate all available legal proceedings (criminal, civil, misdemeanor, etc.) in case of unauthorized use of EDOCTOR’s intangible rights.

5.3

Possible intangible rights arising from EDOCTOR’s provision of the Application and/or other services to the Account Holder belong exclusively to EDOCTOR. Such exclusivity includes the right to change and transfer such rights.

6. Cancellation of a video meeting

6.1

The Account Holder may cancel/change the scheduled appointment for the video meeting up to 24 hours before the beginning of the meeting. If the cancellation occurs in accordance with these guidelines, the refund will be made within 14 days.

6.2

The Account Holder agrees to have no right to cancel/change the meeting request 24 hours (or earlier) before the beginning of the scheduled video meeting. In that case, the Account Holder is not entitled to a refund.

7. Unauthorized use and information

7.1

EDOCTOR takes seriously all forms of unauthorized use of the Account and the Application that violate these general terms and/or EDOCTOR’s policy regarding security, ethics, etc. Among other things, it is not permitted to record any kind of consultations with a healthcare professional or distribute any related material by whatever means. EDOCTOR will proactively take action against confirmed or expected unauthorized use of the Account, Application, etc. EDOCTOR has the right to record online consultations in order to increase the level of quality and online security of the consultations provided, about which the Account Owner will be informed in advance and asked for consent.


Note: Unauthorized recording is a criminal offense according to the prevailing criminal law of the Republic of Serbia.


7.2

With prior notice or warning to the Account Holder, EDOCTOR reserves the right to remove information from the Application, close the Account Holder’s Account or take other measures due to breach of contract by the Account Holder without taking responsibility for the consequences of such actions in order to protect the Application’s liability or reputation. In the event of suspension, EDOCTOR also reserves the right to terminate the agreement in accordance with Article 8.2 below.

7.3

If the Account Holder has breached the Agreement or used the Application in an illegal or unauthorized manner, the Account Holder is responsible for compensating EDOCTOR for damages arising from such actions (including, but not limited to damages, lost profits and other claims from the customer).

7.4


EDOCTOR may not provide information about the Account Holder for which the Consultant is responsible in accordance with the legal framework relating to personal data protection and to which the Consultant objects or which may not be published in the application in accordance with the personal data protection regulations. EDOCTOR will develop a special compliance program of the use of the Application with the regulations on personal data protection.

8. Duration and cancellation of the Agreement

8.1

The contract is valid until further notice from the moment the Account Holder registers an Account on the EDOKTOR Application. The Account Holder always has the right to cancel the Account, and this decision takes effect immediately. In the event of cancellation, EDOCTOR must remove the canceled Account and all stored data relating to the Account Holder within a reasonable time.

8.2

EDOCTOR has the right to terminate the contract, which enters into force immediately, if the Account Holder violates the agreement or if there are reasonable grounds for a suspected violation of the agreement, and the Account Holder does not eliminate such violation within thirty (30) days from the date of a written notice. In the event of such cancellation, the Account Holder’s Account will be suspended, thereby automatically terminating the contract. The Account Holder’s data that has been saved will be removed immediately.

8.3

An Account Holder who has been suspended from the account in accordance with this Article shall not be entitled to re-register or register a new Account without a special permit issued by EDOCTOR. 

9. Product development and changes to terms and conditions

9.1

The Account Holder has the right to terminate the contract, which enters into force immediately, in the event that changes to the terms or agreement result in material loss for the Account Holder. In such a case, the Account Holder is entitled to a refund of any payment made for a scheduled video meeting that was not held at the time of cancellation.

10. Force majeure

10.1

EDOCTOR does not compensate for damage caused by strike, fire, government action, labor disputes, accidents, errors or delays by subsidiaries and/or service providers, closure or malfunction of the public communications system or other circumstances and consequences beyond EDOCTOR’s control, which EDOCTOR cannot justifiably explain and which EDOCTOR could neither avoid nor control. In the event that the circumstances falling under this Article do not cease after a period of one (1) month, both parties have the right to terminate the agreement with immediate effect. In this case, the Account Holder is entitled to a refund of any prepaid video meeting fee yet to be held.

11. Notifications

11.1

The Account Holder must state an e-mail address and telephone number to which the Account Holder wishes to receive confirmations, reminders and other notifications from EDOKTOR. In the event that the contact details change at any time during the term of the agreement, the Account Holder is required to notify the EDOKTOR without delay. Cancellation notices or other notices should be sent by email.

11.2

A notification is considered delivered:


if sent by e-mail or text message; when delivery to the recipient is confirmed;

if sent by registered post, two days after the delivery to the postal service; or

if it is sent by a courier; upon the delivery/acceptance by the recipient.

12. Personal data

12.1

We refer to our Privacy Policy for detailed information on how we process your personal data, including clear instructions about your rights and how you can exercise them.

13. General conditions

13.1

The Account Holder may not transfer the contract and/or its obligations or rights under this contract to a third party.


13.2

EDOCTOR reserves the right to hire sub-suppliers, in any form provided by the prevailing legislation of the Republic of Serbia, in order to fulfill its rights and obligations under the contract from the Account.


14. Legal proceedings

14.1

The Serbian law applies to the contract between EDOCTOR and the Account Holder. All legal disputes and proceedings arising from that contract shall be subject to the jurisdiction of the territorial and subject-matter competent court in the Republic of Serbia.

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