Terms and conditions of the application

1. Description of the Application

The “DOCADOM” Application (hereinafter referred to as “the Application”) is a technological platform that enables urgent medical consultations to be provided at home. The Patient or relative (hereinafter: “the Patient”) is put in contact with a Doctor employed (hereinafter : “the employed Doctor”) by the Company or an independent Doctor instructed by the Company (hereinafter: “the independent Doctor”), who comes to the Patient’s location.

The patient can request an urgent same-day consultation at home to be examined. 

The employed Doctor and Independent Doctor are hereinafter referred to as “Doctor” or “Doctors” when not differentiated.

Any person using the Application is referred to as a “User” for the purposes of these Terms and Conditions. 

The App is available on iOS and Android.

 

2. Scope of Application of these Terms and Conditions

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

Docadom SA (hereinafter referred to as “the Company” or “Docadom”), a Limited Company located at Avenue Bergières 19, 1004 Lausanne, Canton of Vaud, Switzerland, is the owner and operator of the Application. These Terms and Conditions apply to any person using the Application By using the Application, the User acknowledges that he/she is bound by these Terms and Conditions, which he/she declares to have read and understood.

In case of disagreement with these Terms and Conditions, the User agrees to leave the Application and not to use the services it offers. The same applies to the services offered by the Doctors.

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

 

3. Conclusion of the contract

The contract between the Company and the User is concluded at the time of the User’s registration on the Application.

 

4. Registration and data

In order to register on the Application, the User will have to download the Application on IOS or Android.

 

4.1 Patient : 

The Patient opens an account and registers administrative data by scanning his insurance card with his smartphone. He can also create a profile for a relative (child, parent, grandparent) or a third person (for example: resident in a retirement home).

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

After answering a few screening questions to exclude a life-threatening emergency that requires rapid treatment (myocardial infarction, stroke, etc.), the Patient confirms the consultation, with activation of the geolocation. In case of a life-threatening emergency, a message advises the Patient to dial 144 and to go promptly to a hospital structure.

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

By using the Application, the Patient agrees that the Doctor may contact the various health care providers who treat the Patient. The Patient also agrees that the Doctor will transmit the consultation report to these providers.

 

4.2 Doctor:

A Doctor creates a “Doctor” account by entering the following data: ________ ;

When the doctor arrives at the patient’s address, he fills in the Application, which then automatically transfers the data (creation of a new patient file or identification of an existing patient) into the computer software of the laptop.

 

4.1 Confidentiality of identifiers

The Identifiers are personal and confidential. The User is solely and entirely responsible for the use of his Identifiers and undertakes to do everything in his power to keep his Identifiers secret and not to divulge them to anyone, in any form whatsoever. The User is responsible for any harmful consequences of the loss or theft of his Identifiers and must contact the Company by e-mail at info@docadom.ch as soon as possible if necessary.

 

4.2 Protection of personal data

The collection and processing of personal data by the Company is regulated by the Data Protection Statement. The protection of the User’s privacy is of utmost importance to the Company.

 

4.3 Personal data collection

During the provision of the Service to the User and/or following the registration of his/her profile, the Company collects various personal and sensitive data concerning the User necessary for the provision of the Service. Among the personal data of the User that the Company collects from him/her may be

  • His/her name and surname
  • His/her email address
  • His/her telephone number
  • His/her date of birth
  • Medical data 
  • His/her gender
  • IP address (virtual address of your computer)
  • His/her password

 

4.4 Use of data

Please refer to the Company’s Data Protection Statement for more information on how User data is handled.

 

4.5 Right to access, rectification and suppression of personal data

The User has the right to access, rectify and delete personal data concerning him/her. To exercise these rights, the User shall send a request to info@docadom.ch.

 

5. Prices

Registration on the Application is free. 

The medical consultation is charged and is governed by the LaMal Law. Billing is established according to Tarmed.

When a Patient requests a Doctor for a consultation, this service is chargeable and at the end of the consultation, the Doctor will send a report to the referring Doctor and the invoice will be sent directly to the insurance company. The system used is that of third party payment.

The price of the consultation varies according to the services provided by the Doctor. 

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

The Application can only be used by Patients who are covered by the Swiss system of LaMal. Therefore, a Patient who does not have health insurance in Switzerland cannot use the Docadom Application.

 

6. Payment

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

If the insurance company sends the final bill to the Patient, the Patient will be responsible for paying the due amount.

 

7. Medical Emergencies

It is the Patient’s responsibility to ensure that he or she contacts emergency medical services when necessary. Docadom does not handle medical emergencies. In such situations, it is the Patient’s responsibility to contact the appropriate medical emergency numbers and to go to the emergency room. Docadom shall not be held directly or indirectly liable for any type of damage, whether physical or otherwise, if, at the time the Patient placed the order, it was a medical emergency that required contact with the competent emergency services.

 

8. Obligations of the User

 

8.1 General obligations of the User

The User shall be obliged to take all necessary measures as soon as possible so that Docadom can provide its services. The User shall take all such measures at the place, time and in the manner agreed upon. Depending on the circumstances, the User shall also be obliged to provide all necessary information and documents to the Company.

The User expressly agrees to:

  • To enter only truthful information on the Application;
  • To use the Application for strictly personal purposes;
  • To keep as confidential and not to transfer to third parties his password and information related to his account to avoid any undue access;
  • Not reproduce, temporarily and/or permanently, all or part of the elements available on the Application, whether it is the content and/or the functionalities, regardless of the purpose or the method of distribution;
  • Not use programs or other systems that may cause disruptions to the Application and that could disrupt its use;
  • Not sell, rent, sublicense or distribute in any way the content of the Application to third parties.

The User may be excluded from the Application at any time if he/she uses the Application in a manner that does not comply with its purpose.

The User expressly agrees:

  • To transmit some of his/her personal data in order to be able to use the Application and create a user account (name, first name, e-mail address, private address, telephone number, IP address, bank details, etc.);
  • To receive practical information, promotional messages or offers, newsletters and automated e-mails (note: he/she can unsubscribe at any time and free of charge from the list of recipients that receive this information);
  • To receive push notifications.

 

8.2 Patient’s obligation

When the Patient wishes to schedule a medical consultation, he/she must go through the Application and make an appointment request. He/she must ensure that he/she is at home or at the place of appointment when the Doctor comes and must inform the Doctor in case of absence.

The Patient acknowledges that booking an appointment on the Application is a firm commitment on his/her part and that any absence from a scheduled appointment must be communicated in advance by a cancellation or rescheduling.

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

 

8.3 Doctor’s Obligation

The Doctor undertakes to provide the Patient with a quality service as promptly as possible.

The Doctor also undertakes to comply with the rules of deontology and medical secrecy. 

The Doctor’s additional obligations to the Company are governed by a separate contract between the Company and the Doctor.

 

9. Provision of the Application and necessary equipment

In order to use the Application, the User must have the following:

  • A smartphone, tablet, or any device with IOS or Android to access the Application; and
  • Internet access.

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

The company cannot be held responsible for the unavailability of the Application, for the failure of services provided by third parties or for any damage for any reason of any kind.

 

10. Obligations of the Company

 

10.1. Providing services

Unless expressly agreed otherwise, the Company fulfils its obligations by providing the agreed service, i.e. by bringing together Patients who wish to obtain a medical consultation at home and Doctors who are willing to carry out such consultations. Unless otherwise agreed, the place of execution is at the Company’s headquarters.

 

10.2. Force Majeure

If the Company, its suppliers or commissioned third parties are unable to perform on time due to force majeure, e.g. in the event of natural disasters, earthquakes, volcanic eruptions, avalanches, storms, pandemics, war, political or social unrest civil war, revolution and insurrection, terrorism, sabotage, strike or nuclear accident or damage to nuclear reactors, then the Company is released from the obligation to perform during such force majeure events as well as for an appropriate period of time following the end of such events. If the force majeure event lasts longer than 30 (thirty) days, the Company has the right to withdraw from the contract.

All other claims, in particular claims for damages due to force majeure, are excluded.

 

10.3. Auxiliaries

The Company expressly reserves the right to use auxiliary persons to perform its contractual obligations.
However, Independent Doctors are not employees or auxiliaries of the Company.

 

11. Responsibility

 

11.1 Availability of the Service

The Service is accessible to the User in a secure manner via Internet and requires the availability of Internet access by any means at the User’s choice, charge and expense. The proper operation of the Service is subject to the conditions of access to the net by the User. The Company cannot be held responsible for a dysfunction of the Service and its consequences resulting from a dysfunction or a restricted or degraded access to Internet.

The Company does not guarantee that :

  • the functionality of the Service will satisfy all of the User’s needs;
  • the Service will function 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 of errors or malfunctions.

The Company makes its best efforts to make its Service available 24 hours a day, 7 days a week. However, given the specificities of the Internet network, the Company does not offer any guarantee of continuity of service, being bound in this respect only by an obligation of means. The Company cannot be held responsible for damages related to the temporary or permanent impossibility to access one or all of the Services offered by the Application.

 

11.2 Modification of the Application

All the information contained in the Application may be modified at any time, given the interactivity of the Application, without the Company being liable for this.

 

11.3 Use of the Application

The User is solely responsible for the use he makes of the Application and the Service he accesses from the Application. The Company declines all responsibility 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. The documents, information, descriptions and, in general, all content on the Application are provided “as is”, without any express or implied warranty of any kind.

In general, the User accepts and acknowledges that the Company does not guarantee a result in the execution of the service, but only an obligation to provide it. When an independent doctor (DOCADOM SA’s agent) conducts the medical check-up, the Company does not guarantee the effectiveness of the service. Because the Company cannot materially verify the accuracy of the diagnoses provided by the independent doctor or the treatments proposed by the latter to patients, the Patient accepts that the Company cannot be held liable if the independent doctor makes any error in diagnosis or medical error in a broader sense. The Patient will only have rights of action against the independent doctor and in no event against the Company.

The Independent Doctor acknowledges and agrees that the Company is not liable for any cancellation of an appointment or refusal of a visit by the Patient for any reason whatsoever.

 

11.4. Guarantees of the User

The User declares that he is fully aware of the characteristics and constraints of the Internet. In particular, the User acknowledges that it is impossible to guarantee that the data transmitted via the Internet will be completely secure. The Company cannot be held responsible for any incidents that may arise from this transmission. The User therefore communicates them at his own risk. The Company can only provide the assurance that it uses all the means at its disposal to guarantee maximum security.

The User undertakes to indemnify the Company for any costs that the Company may incur as a result of any claim or dispute, whether judicial or extrajudicial, relating to its use of the Services defined in the present Terms and Conditions and guarantees the Company against any condemnation in this respect in the event of legal proceedings. In any case, the User expressly acknowledges and agrees to use the Application at his own risk and under his exclusive responsibility.

 

11.5 Hyperlinks to third party websites

The Application may contain hypertext links to other websites. The User visits these sites under his or her sole and entire responsibility. The Application can in no way be held responsible for the content of these third-party sites, in the event that a User suffers damage as a result.

 

11.6 Responsibility for Doctors’ Services

SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. DOCADOM DOES NOT WARRANT THE QUALITY, ADEQUACY, SAFETY OR CAPABILITY OF THIRD PARTY PROVIDERS. PATIENT AGREES THAT THE RISKS ARISING FROM PATIENT’S USE OF THE SERVICES AND ANY GOODS OR SERVICES REQUESTED IN CONNECTION THEREWITH, ARE ENTIRELY THE PATIENT’S. 

DOCADOM CANNOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE, ARISING OUT OF OR IN CONNECTION WITH ANY USE OF THE SERVICES, EVEN IF DOCADOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

DOCADOM CANNOT BE LIABLE FOR ANY DAMAGES, DEFECTS OR PROBLEMS THAT MAY ARISE FROM THE MEDICAL CONSULTATION BY AN INDEPENDENT DOCTOR. THE PATIENT DECIDES TO TRUST THE INDEPENDENT DOCTOR WITH FULL KNOWLEDGE AND RESPONSIBILITY. DOCADOM CANNOT BE RESPONSIBLE FOR ANY DAMAGES ARISING AFTER THE CONSULTATION OR NOT NOTED BY THE INDEPENDENT DOCTOR. THE INDEPENDENT DOCTOR IS SOLELY RESPONSIBLE FOR THE CONSULTATION AND NEITHER THE INDEPENDENT DOCTOR NOR THE PATIENT CAN HOLD THE COMPANY LIABLE. 

THE PATIENT MAY USE DOCADOM TO REQUEST AT HOME CONSULTATIONS FROM DOCTORS. THE PATIENT ACKNOWLEDGES THAT DOCADOM HAS NO RESPONSIBILITY AND WILL NOT BE LIABLE TO THE PATIENT FOR ANY MEDICAL OR DIAGNOSTIC ERRORS OR ANY ERRORS OR DAMAGES CAUSED BY THE INDEPENDENT DOCTOR. 

This limitation of liability shall not apply in cases of intent or gross negligence. 

Any liability of auxiliary parties is excluded, to the extent permitted by law. 

Any liability for indirect damage or consequential damage is also excluded.

 

12. Cancellation and Refund

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

If the Patient cancels the appointment prior to the Doctor’s arrival at the appointment site, no charge will be made. 

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

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

 

13. Intellectual property rights

The Company owns all rights to the Services it offers.

Neither these General Conditions nor the individual agreements relating to them deal with the transfer of intellectual property rights, unless this is expressly provided for.

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

The User shall ensure that he/she does not violate any intellectual property rights of third parties when using content, images, texts or figurative elements available on the Application.

The User shall ensure that he/she does not infringe any intellectual property rights when using content, images, texts or figurative elements in connection with 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 making up the Application may not be represented, reproduced, exploited or extracted, in whole or in part, on any medium whatsoever, without the express prior authorization of the Company.

The Company may accept that certain content be shared if it expressly mentions its sources and if this sharing is done without commercial purposes.

 

14. Entirety

These Terms and Conditions supersede any prior agreements or provisions. Only the provisions of individual agreements which specify these Terms and Conditions shall take precedence over them.

 

15. Severability Clause

The validity of these Terms and Conditions shall not be affected if any of its provisions or any of its annexes is or should be declared invalid. In this case, the invalid provision shall be replaced by a valid provision that comes close to the purpose of the invalid provision. The same applies in the event of a possible contractual lacuna.

 

16. Confidentiality

The User, the Company and their auxiliaries undertake to keep secret all information that has been exchanged or acquired in the course of the services performed.

The obligation of confidentiality shall continue even after termination of the contract.

 

17. Third Parties, Agents and Distributors

The User accepts that any third parties, distributors or agents may work independently of the Company and that any potential claims should therefore be directed directly against them. The Company declines all responsibility for contractual violations committed by any third party agents or distributors.

 

18. Sanctions

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

 

19. Applicable Law / Place of Jurisdiction

These Terms and Conditions are subject to Swiss law.

In the event of a dispute, the User and the Company undertake to conduct a mediation procedure with a professional mediator. The purpose of this mediation procedure is to find an amicable agreement in the interest of each party and which takes into account economic, legal, personal and social issues.

If no amicable solution can be found within three months of the request for mediation, the mediation procedure is terminated.

If the mediation procedure fails, the courts located at the place of the Company’s headquarters, i.e. Lausanne, shall have jurisdiction to settle any dispute between the Company and the User, unless otherwise provided by mandatory legal provisions.

The Company is free to bring legal action at the User’s registered office/domicile.

The present contract is an acknowledgement of debt within the meaning of Article 82 of the Federal Law on Debt Collection and Bankruptcy (LP

 

20. Contact

For any questions or requests for information, the User can send an e-mail to the following address: info@docadom.ch

We will be happy to answer you!

 

Status as of July 05, 2022

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