General Terms and Conditions of Docadom

1. Description of the Application

The “DOCADOM” Application is a technological platform that facilitates urgent medical consultations at home. It connects the patient or a relative with an independent doctor who visits the patient’s home. The connection is made through the app or by calling a dedicated number.

Patients can request same-day urgent home visits via the app or by calling 021 845 45 45, where a nursing staff handles the request. In cases of life-threatening emergencies, they are directed to 144.

The app is available on iOS and Android.

2. Scope of these General Terms and Conditions.

These General Terms and Conditions (hereinafter referred to as “General Terms”) apply to all services provided on the Application and via the telephone service.

The company “Docadom SA” (hereinafter referred to as “the Company” or “Docadom”), located at Avenue de Béthusy 29, 1012 Lausanne, Canton of Vaud, Switzerland, is the owner and operator of the Application and the DOCADOM service. These General Terms apply to anyone using the Application or the telephone service. By using the Application or calling the dedicated number, the User acknowledges being bound by these General Terms, which they declare to have read and understood.

In case of disagreement with these General Terms, the User agrees to leave the Application and not to use the services it offers, nor the telephone service. The same applies to the General Terms and services offered by the Doctors.

The Company reserves the right, at its sole discretion, to modify these General Terms at any time. It is the User’s responsibility to consult them regularly to stay informed of any changes. The Terms applicable at the time the contract is concluded by the User apply unless the User has expressly agreed in writing to other provisions.

3. Conclusion of the contract

The conclusion of the contract between the Company and the User occurs at the time of the User’s registration on the Application or when making an appointment by phone.

4. Registration and data.

The Patient can request an urgent home medical consultation either by using the Application or by calling 021 845 45 45.

4.1 Patient : 

• Via the Application:

The Patient downloads the Application on iOS or Android, opens an account, and registers their administrative data by scanning their insurance card with their smartphone. They can also create a profile for a relative (child, grandparent) or a third party (resident in a nursing home).

The Patient then specifies the reason for the consultation by writing or recording a voice message.

The Patient confirms the consultation, activating geolocation. They are then called back by nursing staff who ensure that the Patient does not have a vital emergency; if so, they will be redirected to 144.

Once the consultation request is confirmed, the Patient receives a message estimating the waiting time based on the number of Patients ahead of them, the average time per consultation, and the average travel time between previous consultations. The Patient also receives a photo and the profile of the Doctor assigned to them.

4.2 Doctor:

When the Doctor arrives at the home, they enter information into the Application, which automatically transfers the data (creating a new Patient record or identifying an existing Patient) to the laptop’s software.

4.3 Confidentiality of identifiers

The Credentials are personal and confidential. The User is solely and fully responsible for the use of the Credentials concerning them and agrees to take all necessary measures to keep their Credentials secret and not to disclose them to anyone in any form. The User is responsible for any harmful consequences resulting from the loss or theft of their Credentials and must contact the Company by email at info@docadom.ch as soon as possible if applicable.

4.4 Protection of personal data

The collection and processing of such personal data by the Company are regulated by the Privacy Policy. Protecting the User’s privacy is of utmost importance to the Company.

4.5 Personal data collection

During the provision of the Service to the User and/or following the registration of their profile, the Company collects various personal and sensitive data regarding the User that are necessary for providing the Service. Among the personal data of the User that the Company may collect are:

• Their first and last names
• Their email address
• Their phone number
• Their date of birth
• Their medical data (a Privacy Policy will be necessary as you are processing sensitive data)
• Their gender
• Their IP address (virtual address of their computer)
• Their password

4.6 Use of data

The User is referred to the Company’s Privacy Policy for more information on how User data is processed.

4.7 Right to access, rectification and suppression of personal data

The User has the right to access, rectify, and delete their personal data. To exercise these rights, the User should submit a request to info@docadom.ch.

5. Prices

Registration on the Application and making appointments by phone are free of charge.

The medical consultation is chargeable and is governed by LaMal law. Billing is based on Tarmed.

When a Patient wishes to appoint a Doctor for a consultation, this service is chargeable, and after the consultation, the Doctor sends a report to the referring physician, and the invoice will be sent directly to the insurance. The system used is that of third-party payment.

The price of the consultation varies depending on the services provided by the Doctor.

The amounts billed are calculated in Swiss Francs (CHF).

The Application and telephone service can only be used by Patients who are subject to the Swiss LaMal system. Therefore, a Patient who has not taken out health insurance in Switzerland must pay for the consultation in cash or by credit card.

6. Payment

At the end of the home consultation, the Doctor will send a report to the referring physician, and the invoice will be sent directly to the Patient’s health insurance. The system used is that of third-party payment.

The Patient expressly consents to DOCADOM SA also billing for their treatments through MediData AG, Platz 6, 6039 Root D4, without assignment of claims, using the electronic third-party payment system directly with their insurer.

If the insurer sends the final invoice to the Patient, the Patient will be responsible for paying the amount due.

7. Medical Emergencies

It is the responsibility of the Patient to ensure they contact 144 when necessary according to the Patient. Docadom does not handle vital emergencies. In such situations, it is the Patient’s responsibility to contact the relevant emergency numbers, including 144, and to go to the Emergency Department. Docadom cannot be held directly or indirectly responsible for any type of damage, whether bodily or otherwise, if the Patient’s order was related to a medical emergency that required contacting the relevant emergency services.

8. Obligations of the User

8.1 General obligations of the User

The User is required to take all necessary measures as soon as possible to enable Docadom to provide its services. The User must take all these measures at the location, time, and in the manner that have been agreed upon. Depending on the circumstances, the User will also be required to provide all necessary information and documents to the Company.

The User expressly agrees to:

• Only enter information on the Application or communicate by phone that is truthful;
• Use the Application and telephone service solely for strictly personal purposes;
• Keep their password and account information confidential and not transfer it to third parties to prevent unauthorized access;
• Not reproduce, temporarily and/or permanently, all or part of the elements available on the Application, whether content and/or functionalities, regardless of the purpose or method of distribution;
• Not use programs or other systems that may cause disruptions to the Application and could interfere with its use;
• Not sell, rent, sublicense, or distribute the content of the Application to third parties in any way.

The User may be excluded at any time from the Application and the telephone service if they use them in a manner inconsistent with their intended purpose.

The User expressly agrees to:

• Provide certain personal data to be able to use the Application or telephone service and create a user account (name, first name, email address, private address, phone number, IP address, etc.);
• Receive practical information, newsletters, and automated emails (note: they can unsubscribe at any time and free of charge from the list of recipients receiving this information);
• Receive push notifications.

8.2 Patient’s obligation

When the Patient wishes to schedule a medical consultation, they must go through the Application or call 021 845 45 45 to make an appointment request. They must ensure they are at home or at the appointment location when the Doctor arrives and inform the Doctor in case of absence.

The Patient acknowledges that making an appointment through the Application or by phone is a firm commitment on their part and that any absence from a scheduled appointment must be communicated in advance by canceling or rescheduling the appointment.

If the Patient is not at the appointment location when the Doctor arrives, the service will be charged by the Doctor.

8.3 Doctor’s Obligation

The Doctor is committed to providing the Patient with a quality service as quickly as possible.

The Doctor also commits to adhering to ethical standards and medical confidentiality.

The additional obligations of the Doctor towards the Company are governed by a separate contract between the Company and the Doctor.

9. Provision of the Application and necessary equipment

To use the Application or the telephone service, the User must have the following:

• A smartphone, tablet, or any device with the iOS or Android operating system that allows access to the Application;
• Internet access or a phone to call 021 845 45 45.

The Application is generally accessible 24 hours a day, 7 days a week, except in the event of maintenance, technical failures, or force majeure. Maintenance work may be carried out without prior notice to the User.

The Company cannot be held responsible in any way for the inability to access the Application or the telephone service, for failures in services provided by third parties, or for any damages for any reason whatsoever.

10. Obligations of the Company

10.1. Providing services

Unless otherwise agreed, the Company fulfills its obligations by providing the agreed service, which involves connecting Patients seeking a home medical consultation with Doctors who are willing to perform these consultations. Unless otherwise specified, the place of performance is located at the Company’s headquarters.

10.2. Force Majeure

If the Company, its suppliers, or third parties appointed are unable to perform within the stipulated time due to force majeure, such as natural disasters, earthquakes, volcanic eruptions, avalanches, inclement weather, storms, pandemics, war, political or social unrest, civil war, revolution and insurrection, terrorism, sabotage, strikes, or nuclear accidents or reactor damage, then the Company is released from the obligation to perform its service during these force majeure events as well as for an appropriate period following the end of these events. If the force majeure situation lasts more than 30 (thirty) days, the Company has the right to terminate the contract.

All other claims, particularly those concerning claims for damages resulting from a case of force majeure, are excluded.

10.3. Auxiliaries

The Company expressly reserves the right to engage assistants to fulfill its contractual obligations. However, the Doctors are not employees or assistants of the Company.

11. Responsibility

11.1 Availability of the Service

The Service is accessible to the User securely via the Internet and requires the availability of Internet access by any means chosen, at the User’s expense. The proper functioning of the Service is subject to the conditions of Internet access by the User. The Company cannot be held responsible for any malfunction of the Service and its consequences arising from a failure or restricted or degraded access to the Internet. In general, the Company does not guarantee that:

• The functionalities of the Service will meet all the needs of the User;
• The Service will operate normally when used in conjunction with other applications, software, or other components installed or synchronized with the User’s equipment/hardware;
• The Service will be free from errors or malfunctions.

The Company makes every effort to ensure that its Application is available 24 hours a day, 7 days a week. However, given the specificities of the Internet network, the Company provides no guarantee of service continuity, being only bound by an obligation of means in this regard. The Company cannot be held liable for any damages related to the temporary or permanent inability to access any of the Services or all Services offered by the Application.

11.2 Modification of the Application

All information contained in the Application is subject to change at any time, considering the interactivity of the Application, without the Company’s liability being incurred.

11.3 Use of the Application

The User is solely responsible for their use of the Application and the Service accessed through the Application or by phone. The Company disclaims any liability for any damage or loss related to the use or inability to use the Application or its content.

The Company does not guarantee that the information presented is detailed, complete, verified, or accurate. Documents, information, descriptive sheets, and, in general, all content present on the Application are provided “as is,” without any express or implied warranty of any kind.

In this regard, the Company does not guarantee the effectiveness of the service. Since the Company cannot materially verify the accuracy of the diagnoses provided by the Doctors or the treatments proposed by them to the Patients, the Patient agrees that the Company’s liability cannot be invoked if the Doctor makes any diagnostic error or broader medical mistake. The Patient can only seek recourse against the Doctor and in no case against the Company.

The Doctor acknowledges and accepts that the Company’s liability cannot be sought in the event of appointment cancellation or refusal of a visit by the Patient, for any reason whatsoever.

11.4. Guarantees of the User

11.5 Hyperlinks to third party websites

The Application may contain hyperlinks to other websites. The User visits these sites at their own risk and full responsibility. The Application cannot be held responsible for the content of these third-party sites in the event that a User suffers any damage as a result.

11.6 Responsibility for Doctors’ Services

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” DOCADOM DOES NOT GUARANTEE THE QUALITY, ADEQUACY, SECURITY, OR CAPACITY OF THIRD-PARTY PROVIDERS. THE PATIENT ACCEPTS THAT ALL RISKS ARISING FROM THEIR USE OF THE SERVICES AND ANY GOODS OR SERVICES REQUESTED IN CONNECTION WITH THEM ARE SOLELY THEIR OWN.

DOCADOM SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF DATA, OR ANY PERSONAL OR MATERIAL DAMAGES RELATED TO OR ARISING FROM ANY USE OF THE SERVICES, EVEN IF DOCADOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

DOCADOM SHALL NOT BE LIABLE FOR ANY DAMAGE, DEFECT, OR ISSUE THAT MAY RESULT FROM THE MEDICAL CONSULTATION. DOCADOM ONLY CONNECTS DOCTORS AND PATIENTS AND CANNOT BE HELD RESPONSIBLE FOR POTENTIAL PROBLEMS THAT MAY ARISE THEREFROM. THE PATIENT CHOOSES TO TRUST THE DOCTOR WITH FULL AWARENESS AND AT THEIR OWN RISK. DOCADOM SHALL NOT BE LIABLE FOR ANY DAMAGE OCCURRING AFTER THE CONSULTATION OR NOT NOTICED BY THE DOCTOR. THE DOCTOR IS SOLELY RESPONSIBLE FOR THE CONSULTATION, AND NEITHER THE DOCTOR NOR THE PATIENT MAY CLAIM AGAINST THE COMPANY.

THE PATIENT MAY USE DOCADOM TO REQUEST HOME CONSULTATIONS WITH DOCTORS. THEY RECOGNIZE THAT DOCADOM HAS NO RESPONSIBILITY AND WILL NOT BE LIABLE TO THE PATIENT FOR ANY MEDICAL ERROR, DIAGNOSTIC ERROR, OR ANY ERROR OR DAMAGE CAUSED BY THE DOCTOR.

This limitation of liability does not apply in cases of fraud or gross negligence.

Any liability of auxiliaries is excluded to the extent permitted by law.

All liability for indirect or consequential damages is also excluded.

12. Cancellation and Refund

The Company does not offer refunds for a consultation duly performed by a Doctor.

In the event of a cancellation of the appointment by the Patient before the Doctor arrives at the appointment location, no amount will be charged.

If the Doctor arrives at the appointment location and the Patient is not present, the consultation will be charged in full.

If the Doctor cancels the consultation, the Company will propose another Doctor to the Patient.

13. Intellectual property rights

The Company holds all rights to the services it offers.

Neither these General Terms nor the individual agreements related to them address the transfer of intellectual property rights, unless expressly stated.

Furthermore, any reuse, publication, or dissemination of information, images, texts, or any other elements received by the User in connection with these provisions is excluded unless expressly authorized by the Company.

The User must ensure that they do not violate any third-party intellectual property rights when using content, images, texts, or graphic elements available on the Application.

The User must ensure that they do not infringe on any intellectual property rights when using content, images, texts, or graphic elements in relation to the Application. All rights of reproduction and representation are reserved, including downloadable documents. All texts, graphics, icons, photographs, plans, logos, videos, sounds, trademarks, and, more generally, all elements comprising the Application may not be subject to any representation, reproduction, exploitation, or extraction, in whole or in part, on any medium, without the express and prior authorization of the Company.

The Company may allow certain content to be shared if it expressly mentions its sources and if the sharing is done for non-commercial purposes.

14. Entirety

These General Terms replace all prior agreements or provisions. Only the provisions set forth in individual contracts that specify these General Terms take precedence over them.

15. Severability Clause

The validity of these General Terms shall not be affected if any provision or any of its annexes is declared null or void. In such a case, the null or invalid provision shall be replaced by a valid provision that closely reflects the intended purpose of the null or invalid provision. The same applies in the event of any contractual gap.

16. Confidentiality

17. Third Parties, Agents and Distributors

The User agrees that potential third parties, distributors, or agents may work independently of the Company and that any potential claims must therefore be directed against them directly. The Company disclaims any responsibility for contractual breaches committed by potential third-party agents or distributors.

18. Sanctions

The User acknowledges and understands that any use contrary to the law or the General Terms and Conditions may result in civil and/or criminal legal action and the payment of damages.

19. Applicable Law / Place of Jurisdiction

These General Terms and Conditions are governed by Swiss law.

In the event of a dispute, the User and the Company agree to undergo a mediation process with a professional mediator. This mediation process aims to find an amicable solution in the interest of each party, considering economic, legal, personal, and social issues.

If no amicable solution can be reached within three months following the initiation of the mediation request, the mediation process will conclude.

In the event of a failure in the mediation process, the courts located at the Company’s registered office, namely Lausanne, will have jurisdiction to resolve any dispute between the Company and the User, unless mandatory legal provisions state otherwise.

The Company is free to file a lawsuit at the User’s place of residence.

This contract serves as an acknowledgment of debt under Article 82 of the Federal Law on Debt Enforcement and Bankruptcy (LP).

20. Contact

For any questions or requests for information, the User can send an email to the following address: info@docadom.ch or call 021 845 45 45.

We will be happy to assist you!

Status as of October 15, 2024