VHI ONLINE DOCTOR TERMS AND CONDITIONS (PROVIDED BY VIDEODOC)
VHI ONLINE DOCTOR IS NOT FOR MEDICAL EMERGENCIES OR URGENT SITUATIONS. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL 999 or 112 IN EUROPE
You may not access our service if you are a policy holder or customer of Vhi subject to Our Terms and Conditions below.
This Policy dated 12th January, 2018 should be read in conjunction with Our Vhi Online Doctor Privacy and Medical Consent Policies.
The Irish Medical Council, Guide to Professional Conduct and Ethics for Registered Medical Practitioners, 8th Edition 2016, guidance is to share telemedicine consultations with patient’s own General Practitioner (“GP”). We request that you download or print off your Consultation Reports to share with your own GP as part of this agreement.
Vhi Online Doctor does not treat children under two years’ of age. Children under two years’ of age should be seen in person by an appropriately qualified healthcare professional such as your family GP.
The Vhi Online Doctor Service is provided by VideoDoc Limited. VideoDoc Limited, (herein after “VideoDoc”) is a company registered in Ireland No. 574808. Registered office: 8 The Mall, Beacon Court, Sandyford, Dublin 18, D18 C2D0, Republic of Ireland. Our Website (www.vhionlinedoctor.ie) Email: email@example.com
Vhi Group DAC (herein after “Vhi”) is a company registered in Ireland No.527605. Registered office: Vhi House, Lower Abbey Street, Dublin 1, Republic of Ireland.
To the full extent, permitted by law, Vhi accepts no liability for any claims, losses, costs, or damages whatsoever arising out of, resulting from or in any way related to the provision of the Vhi Online Doctor Service by VideoDoc, from any cause or causes, including but not limited to negligence, professional or medical errors and omissions, strict liability, breach of contract, or breach of warranty.
Questions, concerns or complaints about the Vhi Online Doctor Service should be addressed to VideoDoc at the above address, or telephone: 01 9073400. Or, by email: firstname.lastname@example.org
WHAT IS VHI ONLINE DOCTOR
Vhi Online Doctor is a private healthcare service available in the Vhi Healthcare Assistant which enables patients to hold on-demand and by appointment; secure, high-definition, face-to-face, real-time, video, telephone, and online-chat/message consultations with Irish Medical Council (“IMC”) registered General Practitioners (“GPs”).
Vhi Online Doctor is not intended to replace the relationship with patients’ existing GPs or Healthcare Providers. It is a complementary service offering the advantages of convenience and accessibility to General Practitioners. Vhi Online Doctor is not an emergency service provider.
VHI ONLINE DOCTOR SERVICE
When accessing Our Vhi Online Doctor Service using our Vhi Healthcare Assistant we ask that you make, a few commitments to us to ensure that you receive care personalised to you and to protect you against the risk of receiving treatment that is inappropriate or unsafe.
We think it is important for you to read and fully understand those commitments, so we have repeated the most important immediately below. In turn, we commit that Our healthcare providers will assess your individual needs and fully inform you of your options and their recommended treatments or procedures, and explain the risks and benefits of each. That the result will be the highest quality of healthcare, treating you with the utmost courtesy and, always, your consultation and/or treatment will be carried out in the strictest confidence, protecting your privacy.
We ask that:
1. You commit you are the person registering and not presenting yourself as someone else or acting as an agent or, on behalf of somebody else;
2. You will only register once with Vhi Online Doctor unless you are registering for a dependant or a person in your care;
3. You agree to protect the privacy and security of all Users (Patients, Doctors, all Our Healthcare Providers and VideoDoc Employees) and not to make independent recordings of consultations, to capture images or take screen shots or similar. All necessary details of your consultations are stored for your benefit in your own Consult History and Patient Information (Personal Profile, Health and Social History (collectively “Electronic Health Record”). We respect your privacy and do not record consultations with Our Healthcare Providers. We may record your telephone calls with Our Vhi Online Care Team who will assist you with general and technical enquiries;
4. You commit that any information you provide VideoDoc and its Healthcare Providers will be accurate and not to omit anything of relevance or importance which for the avoidance of doubt includes, current and past, medications and conditions;
5. That you will maintain and ensure that your Patient Information (Personal Profile, Health and Social History), is current and correct at the time of any appointment or consultation;
6. That you will promptly notify and/or correct any part of your Patient Information (Personal Profile, Health and Social History), which is incomplete or inaccurate including any Advice (see below), opinions, tests, prescriptions or imaging you have received from all sources;
7. That you will comply with all instructions and advice given to you by VideoDoc and its Healthcare Providers, subcontractors and third parties for your continuing care;
8. That you will comply with the manufacturers’ instructions and guidance as to the use of any medicine (OTC or Prescription) including method, timing, dosages, potential adverse reactions or side effects, expiry dates etc., and the instructions of any Pharmacist dispensing following a Vhi Online Doctor consultation;
9. That you will promptly report any side effects of any prescription to an appropriate Healthcare Provider;
10. If you have any concerns or are in any doubt regarding any information or Advice you have received or failed to receive regarding your health, wellbeing or any conditions, you will immediately seek a further medical opinion from a registered GP or suitable Healthcare Provider not affiliated with Vhi Online Doctor and/or shall utilise the emergency services as necessary; and
11. You agree that VideoDoc may use Anonymised Data in the improvement of its Services and in the development of its services with Vhi and third parties. In this context, Anonymised Data refers to data from which the patient cannot be identified.
DEFINITIONS AND INTERPRETATION
- Definitions and Interpretation
In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
1.1 “VideoDoc /Our/Us” means VideoDoc Limited, 8 The Mall, Beacon Court, Sandyford, Dublin 18, D18 C2D0, Ireland;
1.2 “User” means any patient, customer, third party, healthcare provider (registered Irish Medical Council (“IMC”) General Practitioner) that accesses the Vhi Online Doctor App or orders Products and Services from VideoDoc or any of its subsidiaries or affiliates and is not directly employed by VideoDoc or acting in the course of their VideoDoc employment;
1.3 Republic of Ireland and European Law (“ROI and EU Law”) means the Data Protection Act 1988 as amended by the Data Protection (Amendment) Act 2003 and the Data Protection (Access Modification) (Health) Regulations 1989 and the ePrivacy Regulations 2011 (S.I. 336 of 2011) which gives effect to the EU ePrivacy Directive 2002/58/EC (as amended by Directive 2006/24/EC and 2009/136/EC); and the European Union (Consumer Information, Cancellation And Other Rights) Regulations 2013 (Si 484/2013), (Distance Selling Regulations);
1.4 “App” means the Vhi Online Doctor Application (iOS or Android) within the Vhi Healthcare Assistant Application that you are currently using and our Website www.vhionlinedoctor.ie and any sub-domains of this website unless expressly excluded by their own terms and conditions;
1.5 “Account” means an account required for a User to access and/or use certain areas of Our Apps;
1.6 “Content” means all files, documents, text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored in an application (iOS or Android) or on a computer that appears on, or forms part of, Our App;
1.7 “User Content” means any content submitted to Our App by Users including, but not limited to sensitive personal information (Personal Profile and Personal Health Record) including name, date of birth, state of health, ailments, allergies, diseases or disabilities, medications, physical and mental characteristics, past medical records, photographs, family information, medical diagnoses and notes, details of past consultations; and financial information such as credit and debit card numbers;
1.8 “Healthcare Providers” means Irish Medical Council (“IMC”) registered General Practitioners.
1.9 “Third Party Apps and Websites” means Apps and Websites not owned by Vhi or VideoDoc or any of their subsidiaries or affiliates;
1.10 “Advice” means any communication, diagnosis, discharge, advice or other Services in any form provided or facilitated by VideoDoc or its Healthcare Providers, other independent Healthcare Providers, and third parties through the Apps or otherwise or facilitated by VideoDoc during, or outside an appointment or consultation or within the App.
1.11 “Products” means any physical item Ordered including but not limited to a Test, Referral Letter, Prescription or Activity Device from or facilitated by VideoDoc, its Healthcare Providers, other independent Healthcare Providers, or third parties through the Apps and Websites or otherwise;
1.12 “Services” means any Service to a User including Advice, provided by VideoDoc or its Healthcare Providers, other independent Healthcare Providers, or third parties through the App or otherwise or facilitated by VideoDoc;
1.13 “Third Parties” means any entities providing Products and Services through the App including independent healthcare providers, subcontractors, agencies and suppliers other than VideoDoc and its subsidiaries or affiliates;
1.14 “Products and Services” means the Products and Services provided by or via VideoDoc to you as specified in your Orders;
1.15 “Contract” means a contract for the purchase and sale of Products and Services, as explained in Clause 21;
1.16 “Order” means your order for the Products and Services which may or may not require a payment of monies;
1.17 “Order Confirmation” means Our VideoDoc acceptance and confirmation of your Order.
MOBILE APPLICATIONS AND WEBSITES (APPS AND WEBSITES) USAGE
- Access to Our App
2.1 You may access Our App from anywhere subject to Republic of Ireland and European Law (including the Cross-Border Directive) and the applicable laws in your location. It is your responsibility to confirm that you comply with, all applicable laws and regulations. You may not access Our App if you are not a policy holder or customer of Vhi or VideoDoc.
2.2 Access to Our App is provided “as is” and on an “as available” basis. VideoDoc may alter, suspend or discontinue Our App (or any part of it) at any time and without notice. VideoDoc will not be liable to you in any way if Our App (or any part of it) is unavailable at any time and for any period.
3.1 Certain parts of Our Apps and Websites (including the ability to purchase healthcare services from VideoDoc may require that you create (“register”) a specific Vhi Online Doctor Account (“Account”) to access them.
3.2 You may not register an Account if you are under 16 years of age. If you are under 16 years of age and wish to use the parts of the Apps that requires an Account, your parent, guardian or carer should register their own Account and register you as their Dependant. Dependants must only access the Account with the supervision of their parent, guardian or carer.
3.3 When creating an Account, the information you provide must be accurate and complete. If any of your information changes later, it is your responsibility to ensure that your Account is up-to-date.
3.7 If you wish to close your Account, you may do so at any time, requesting us by email. Closing your Account will result in the removal of your access including access to your Personal Health Records. It will not remove any information we have already collected which we are required to maintain in line with Our data retention policies, best practice, the relevant data protection acts and to use in anonymised form.
- Intellectual Property Rights and Trade Marks
4.1 Vhi Online Doctor contains, embodies and is based upon worldwide patented or patentable inventions, trade secrets, copyrights and other intellectual property rights (collectively, “Intellectual Property Rights”) owned by or under licence by VideoDoc and its licensors. All Content (including User Content) is protected by applicable Republic of Ireland, European and International intellectual property laws and treaties.
4.2 The Vhi Online Doctor and Vhi logos and trademarks are owned by Vhi and licensed to VideoDoc. Vhi and VideoDoc hereby reserve all rights to their respective use.
4.3 You may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner, re-use Content from Our App unless given express written permission to do so by VideoDoc.
4.4 Any printouts made of content obtained through VideoDoc must include a recognition and Our copyright notice, ©VideoDoc Limited. VideoDoc is a registered trademark of VideoDoc Limited. This Agreement does not confer any licence or right to use any trademark of VideoDoc or its licensors or suppliers without the express written permission of VideoDoc.
4.5 The App or any portion of the App may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of VideoDoc. Any unauthorised use terminates the permission or licence granted by VideoDoc. You may not use any logo or other proprietary graphic or trademark of Vhi or VideoDoc as part of the link without VideoDoc’s prior permission.
4.8 Subject to sub-Clauses 4.5 you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our App unless given express written permission to do so by VideoDoc.
4.9 You may:
4.9.1 Download and Access, view and use Our App in an application (IOS or Android);
4.9.2 Print pages from Our App;
4.9.4 Download extracts from pages on Our App; and
4.9.5 Save pages from Our App for later and/or offline viewing.
4.10 Our status as the owner and author of the Content on Our App (or that of identified licensors, as appropriate) must always be acknowledged, ©VideoDoc Limited.
4.11 You may not use any Content saved or downloaded from Our App for commercial purposes without first obtaining a licence from VideoDoc (or Our VideoDoc licensors, as appropriate) to do so. This does not prohibit the normal access, viewing and use of Our App for general information purposes.
4.12 Nothing in these Terms and Conditions limits or excludes the provisions of the Copyright and Related Rights Act 2000, covering the making of temporary copies; the making of personal copies for private use; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.
- User Content
5.1 An Account is required if you wish to submit User Content. For terms and conditions pertaining to Accounts, please refer to Clause 3.
5.2 You agree that you will be solely responsible for your User Content. Specifically, you agree, represent and warrant that you have the right to submit the User Content and that all such User Content will comply with Our Acceptable Usage Policy, detailed below in Clause 12.
5.3 You agree that you will be liable to VideoDoc and will, to the full extent permissible by law, indemnify Videodoc for any breach of the warranties given by you in these Terms and Conditions. You will be responsible for any loss or damage suffered by VideoDoc Limited from a breach.
6.1 Our App is not suitable for any condition that should reasonably require face to face analysis, diagnosis or treatment, or for sourcing any Product and Service urgently for a medical emergency or acute condition.
6.2 Videodoc cannot guarantee continuity of care through the same Healthcare Provider.
6.3 The Content on Our App does not constitute advice on which you should rely. It is provided for general information purposes only.
6.4 VideoDoc make no representation, warranty, or guarantee that Our App will meet your requirements, that it will be of satisfactory quality, that it will be fit for a purpose, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
6.5 VideoDoc make reasonable efforts to ensure that the displayed Content is complete, accurate, and up-to-date. Videodoc does not make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.
- Our Liability
7.1 VideoDoc is not responsible for any loss or damage caused by Healthcare Providers (except to the extent the Healthcare Provider is an employee of Videodoc or acting within the scope of their employment), other Healthcare Providers, subcontractors or Third Parties unless caused by the negligence, material breach or wilful default of Videodoc. Users should seek remedies direct from the other Healthcare Providers, subcontractors or Third Parties.
7.2 To the full extent permissible by law, Videodoc accepts no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our App or the use of or reliance upon any Content included on Our App.
7.3 To the full extent permissible by law, Videodoc exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our App or any Content included on Our App.
7.4 VideoDoc takes all reasonable steps to ensure that Our App is free from viruses and other malware, however VideoDoc accepts no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our App (including the downloading of any Content from it).
7.5 Videodoc neither assumes nor accepts responsibility or liability arising out of any disruption or non-availability of Our App resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
7.6 The liability of the Company from its Products and Services whether under contract, tort/delict, statute, common law or otherwise (and including for negligence or wilful default) shall not in any circumstances exceed:
(a) €1,000 in aggregate in relation to any products; and
(b) €1,000,000 in aggregate otherwise.
7.7 Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability, which cannot be excluded or restricted by law.
- Your Liability
8.1 You commit that you are the person registering and not presenting yourself as someone else or acting as an Agent or, on behalf of somebody else.
8.2. You will only register once with Videodoc unless you are registering for a dependant or a person in your care.
8.3 You agree to protect the privacy and security of all Users (Patients, Irish Medical Council (“IMC”) Doctors, all Our Healthcare Providers and VideoDoc Employees) and not to make independent recordings of consultations, to capture images or take screen shots or similar. All necessary details of your consultations are stored for your benefit in your own Consult History and Patient Information (Personal Profile, Health and Social History (collectively “Electronic Health Record”). We respect your privacy and do not record your consultations.
8.4 You commit that any information you provide VideoDoc and its Healthcare Providers will be accurate and not to omit anything of relevance or importance which for the avoidance of doubt includes, current and past, medications and conditions.
8.5 That you will maintain and ensure that your Patient Information (Personal Profile, Health and Social History) is current and correct at the time of any appointment or consultation.
8.6 That you will promptly notify and/or correct any part of your Patient Information (Personal Profile, Health and Social History), which is incomplete or inaccurate including any Advice (see below), opinions, tests, prescriptions or imaging received.
8.7 That you will comply with all instructions and advice given to you by Videodoc and its Healthcare Providers, subcontractors and third parties for your continuing care.
8.8 That you will comply with the manufacturers’ instructions and guidance as to the use of any medicine (OTC or Prescription) including method, timing, dosages, potential adverse reactions or side effects, expiry dates etc., and the instructions of any Pharmacist dispensing because of, a Videodoc appointment or consultation.
8.9 That you will promptly report any side effects of any prescription to an appropriate Healthcare Provider.
8.10 If you have any concerns or are in any doubt regarding any information or Advice you have received or failed to receive via Our Products and Services, or regarding your health, wellbeing or any conditions, you will immediately seek a further medical opinion from a registered GP or suitable Healthcare Provider not affiliated with Videodoc and/or shall utilise the emergency services as necessary.
- Third Party Apps and Websites
9.1 As a convenience to Our Users, the App or its Content may include links (including hypertext) to Third Party Websites or material, which is beyond Our control. When you activate any of these you will leave Our App and Videodoc has no control over and will accept no responsibility or liability for the material on any App and Website, which is not under the control of VideoDoc.
- Advertising and Sponsorship
10.1 Part of the Apps and Websites may contain advertising and sponsorship, including advertising and sponsorship by Vhi and VideoDoc. Advertisers and Sponsors are responsible for ensuring that material submitted for inclusion on the Website complies with relevant laws and regulations and codes. VideoDoc will not be responsible for any error or inaccuracy in advertising and sponsorship material.
10.2 To the full extent permissible by law, Videodoc accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or about the use of (or inability to use) Our App or the use of or reliance upon any Content included on Our App.
- Viruses, Malware and Security
11.1 VideoDoc take all reasonable steps to ensure that Our App is secure and free from viruses and malware. Videodoc does not, however, guarantee that Our App is secure or free from viruses or other malware and accept no liability in respect of the same.
11.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks. You must not deliberately introduce viruses or other malware, or any other material, which is malicious or technologically harmful either to or via Our App.
11.3 You must not attempt to gain unauthorised access to any part of Our App, the server on which Our App is stored, or any other server, computer, or database connected to Our App.
11.4 You must not attack Our App by means of a denial of service attack, a distributed denial of service attack, or by any other means.
11.5 By breaching the provisions of sub-Clauses 11.3 and 11.4, you may be committing a criminal offence under the Criminal Damage Act 1991 and the Criminal Justice (Theft and Fraud Offences) Act, 2001 and under similar legislation in Europe. All, such breaches will be reported to the relevant law enforcement authorities and VideoDoc will cooperate fully with those authorities by disclosing your identity to them. Your Videodoc right to use Our App will cease immediately in the event of such a breach.
- Acceptable Usage Policy
12.1 You may only use Our App in a manner that is lawful and that complies with the provisions of this Clause 12.1.
12.2 You agree that Videodoc may limit, restrict or remove your right to any or all, of its Services, without reason or notice, where in VideoDoc’s sole opinion your usage of the VideoDoc Services exceeds VideoDoc’s current Acceptable Usage Policy, as determined from time to time.
12.3 Specifically when submitting User Content (or communicating in any other way using Our App), you must not submit, communicate or otherwise do anything that is; sexually explicit; obscene, deliberately offensive, hateful or otherwise inflammatory; promotes violence; promotes or assists in any form of unlawful activity; discriminates against, is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation or age; is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person; is calculated or is otherwise likely to deceive; is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy; misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive.
12.4 You must not infringe, or assist in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trademarks and database rights) of any other party; or is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
12.5 Videodoc reserve the right to suspend or terminate your access to Our App without notice if, in Our sole opinion, you materially breach the provisions of this Clause or any of the other provisions of these Terms and Conditions.
12.6 Videodoc hereby exclude all liability arising out of any actions (including, but not limited to those set out above) that Videodoc may take in response to breaches of these Terms and Conditions.
ELECTRONIC HEALTH RECORD (“EHR”)
- Sensitive Personal Information
13.1 To assist your online consultation VideoDoc enables you to create a location in the cloud where you can upload, store and access your Personal Profile, Health and Social History (collectively “Electronic Health Record”) including your medical history, symptoms, complaints, allergies and medications. Videodoc also provides the ability for your Healthcare Providers to add notes to your Online Vhi Electronic Health Record. Any information provided as part of a video, telephone, secure chat session and/or email consultation becomes part of your Vhi Electronic Health Record. You agree to periodically update your information and to provide complete and accurate information about yourself.
13.2 VideoDoc reserves the right to remove access to your Vhi Online Doctor Electronic Health Record and/or to remove your Vhi Online Doctor Electronic Health Record from Our servers or to levy a charge to maintain access to your online Vhi Online Doctor Electronic Health Record. This does not affect any of your statutory rights to access information Videodoc holds about you including your Vhi Online Doctor Electronic Health Record.
13.3 The Republic of Ireland Medical Council, Guide to Professional Conduct and Ethics for Registered Medical Practitioners, 8th Edition 2016, principles based guidance is to share your doctor consultation with your IMC registered General Practitioner (“GP”). If you have shared your GP’s details with us we may inform them of your consultation unless you expressly request Our doctor that we do not. You can also choose to share your personal electronic health records, consultation or medical history with your own carers and healthcare providers seamlessly from within Our Apps and Websites.
TERMS OF SERVICE
- Products and Services, Pricing and Availability
14.1 VideoDoc make all reasonable efforts to ensure that all general descriptions of the Products and Services available from VideoDoc correspond to the actual Products and Services that will be provided to you, however please note that the exact nature of the Products and Services may vary depending upon your individual requirements and circumstances.
14.2 Please note that sub-Clause 14.1 does not exclude responsibility for mistakes due to negligence on Our part and refers only to variations of the correct Products and Services, not to different Products and Services altogether.
14.3 VideoDoc neither represent nor warrant that all Products and Services will be available always and cannot necessarily confirm availability until confirming your Order. Availability indications are not provided on Our Apps and Websites.
14.4 VideoDoc make all reasonable efforts to ensure that all prices shown on Our Apps and Websites are correct at the time of going online. VideoDoc reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. All pricing information is reviewed and updated daily. Changes in price will not affect any Order that you have already placed (please note sub-Clause 14.5.3 regarding VAT), however.
14.5 VideoDoc checks all prices when VideoDoc process your Order. In the unlikely event that Videodoc have shown incorrect pricing information, please note the following:
14.5.1 VideoDoc will contact you in writing or by telephone to inform you of the mistake and to ask you how you wish to proceed. VideoDoc will give you the option to purchase the Products and Services at the correct price or to cancel your Order (or the affected part thereof). VideoDoc will not proceed with processing your Order until you respond. If VideoDoc do not receive a response from you within 7 days, Videodoc will treat your Order as cancelled and notify you of the same in writing;
14.5.2 If the price of Products and Services you have ordered changes between your Order being placed and Videodoc processing that Order and taking payment, you will be charged the price shown on Our Apps and Websites at the time of placing your Order; and
14.5.3 All prices on Our App include VAT where applicable. If the VAT rate changes between your order being placed and VideoDoc taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
- Orders – How Contracts Are Formed
15.2 No part of Our App constitutes a contractual offer capable of acceptance. Your Vhi Online Doctor Order constitutes a contractual offer that Videodoc may, at Our sole discretion, accept. Our acknowledgement of receipt of your Order does not mean that VideoDoc has accepted it. Our acceptance is indicated by either your entry into a Vhi Online Doctor Waiting Room for a consultation with a Healthcare Provider where you will also be asked to confirm your personal details or by VideoDoc sending you an Order Confirmation by telephone or email. A telephone order confirmation is a legally binding contract. In the case of an email only once VideoDoc has sent you an Order Confirmation will there be a legally binding contract between Videodoc and you (“the Contract”).
15.3 Order Confirmations shall contain the following information:
15.3.1 Confirmation of the Products and Services ordered including full details of the main characteristics of those Products and Services;
15.3.2 Fully itemised pricing for the Products and Services ordered including, where appropriate, taxes and other additional charges;
15.4 If you change your mind, you may cancel your Order or the Contract before or after VideoDoc begin providing the Products and Services subject to these Terms and Conditions. For details of your cancellation rights, please refer to Clauses below.
15.5 VideoDoc may cancel your Order at any time before VideoDoc begin providing the Products and Services in the following circumstances;
15.5.1 The required personnel and/or required materials necessary for the provision of the Products and Services are not available; or
15.5.2 An event outside of Our control (please refer to Clauses below for events outside of Our control).
15.6 If VideoDoc cancel your Order under sub-Clause 15.6 and Videodoc has taken payment any such sums will be refunded to you as soon as possible and in any event within 7 days. If Videodoc cancel your Order, you will be informed by email.
- Provision of the Products and Services
16.1 VideoDoc will begin providing the Products and Services on the date agreed when you make your Order (which VideoDoc shall confirm in the Order Confirmation). Please note that if you request that the Products and Services begin within the statutory 14 (fourteen) calendar day cancellation (or “cooling off”) period, your right to cancel may be limited or lost. Please refer to Clause 17. for your statutory cancellation rights. VideoDoc will use all reasonable endeavours to provide the Products and Services with reasonable skill and care, commensurate with best practice.
16.2 VideoDoc will make every reasonable effort to provide the Products and Services in a timely manner. VideoDoc cannot be held responsible for any delays if an event outside of Our control occurs. Please refer to Clause 19. for events, outside of Our control.
16.3 If VideoDoc require any information or action from you to provide the Products and Services, VideoDoc will inform you of this as soon as is reasonably possible. Depending upon the nature of the Products and Services you have ordered, Videodoc may require prior information or action such as confirmation of the details or your Preferred Pharmacy, Primary GP and Personal Health Information.
16.4 If the information you provide or the action you take under Clause 16. is delayed, incomplete or otherwise incorrect, VideoDoc will not be responsible for any delay caused. If additional work is required from VideoDoc to correct or compensate for a mistake made as a result of delayed, incomplete or otherwise incorrect information or action that you have provided or taken, Videodoc may charge you a reasonable sum for that work.
16.5 In certain circumstances, for example where there is a delay in you providing VideoDoc information or taking action required under Clause 16., Videodoc may suspend the Products and Services (and will inform you of that suspension by email).
16.6 In certain circumstances, for example where VideoDoc encounter a technical problem, VideoDoc may need to suspend or otherwise interrupt the Products and Services to resolve the issue. Unless the issue is an emergency that requires immediate action VideoDoc will inform you in advance by email before suspending or interrupting the Products and Services.
16.7 If the Products and Services are suspended or interrupted under Clauses 16, you will not be required to pay for them during the period of suspension if you access those Products and Services. You must, however, pay any sums that may already be due by the appropriate due date(s).
16.8 If you do not pay Videodoc for the Products and Services as required by Clause 16, Videodoc may suspend the Products and Services until you have paid all outstanding sums due. If this happens, we will inform you by email.
- Your VideoDoc Legal Right to Cancel (Cooling Off Period)
17.1 If you are a consumer in the European Union, you have a legal right to a “cooling off” period within which you can cancel the Contract for any reason. This period begins once your Order is accepted and VideoDoc have sent you an Order Confirmation, i.e. when the Contract between you and VideoDoc is formed. The period ends at the end of 14 calendar days’ after that date.
17.2 If you wish to exercise your right to cancel under this Clause 17, you must inform VideoDoc of your decision within the cooling off period. You may do so in any way you wish by emailing us or telephoning us at Vhi Online Doctor, VideoDoc Limited, 8 The Mall, Beacon Court, Sandyford, Dublin 18, D18 C2D0, Telephone number: 01 9073400. Email: email@example.com
17.3 VideoDoc may ask you why you have chosen to cancel and may use any answers you provide to improve Our Services in the future, however please note that you are under no obligation to provide any detail if you do not wish to.
17.4 As specified in sub-Clause 17.2, if the Products and Services are to begin within the cooling off period you are required to make an express request to that effect. By requesting that the Products and Services begin within the 14 (fourteen) calendar day cooling off period you acknowledge and agree to the following:
17.4.1 If the Products and Services are fully performed within the 14 (fourteen) calendar day cooling off period, you will lose your right to cancel after the Products and Services are complete.
17.4.2 If you cancel after provision of the Products and Services has begun but is not yet complete you will still be required to pay for the Products and Services provided up until the point at which you inform VideoDoc that you wish to cancel. The amount due shall be calculated in proportion to the full price of the Products and Services and the actual Products and Services already provided including any initial administration costs. Any sums that have already been paid for the Products and Services shall be refunded subject to deductions calculated in accordance with the foregoing. Refunds, where applicable, will be issued no later than 14 calendar days after you inform VideoDoc that you wish to cancel. Refunds will be made using the same payment method you used when ordering the Products and Services.
17.4.3 The initial administration cost of an Account as at the date of these Terms and Conditions is €12.50
- Cancellation After the Legal Cancellation Period
18.1 Cancellation of Contracts after the 14 (fourteen) calendar day cooling off period has elapsed shall be subject to the specific terms governing those Products and Services and may be subject to a minimum contract duration. Details of the relevant duration, cancellation provisions and minimum notice periods will be confirmed for the Products and Services in Our Order Confirmation.
18.2 If you wish to cancel under this Clause 18, you must inform Videodoc of your decision to do so. You may do so in any way you wish by emailing us or telephoning us at Vhi Online Doctor, VideoDoc Limited, 8, The Mall, Beacon Court, Sandyford, Dublin 18, D18 C2D0. Telephone number: 01 9073400. Email: firstname.lastname@example.org
18.3 VideoDoc may ask you why you have chosen to cancel and may use any answers you provide to improve Our Services in the future, however please note that you are under no obligation to provide any detail if you do not wish to.
18.4 You may be entitled to cancel immediately by giving Videodoc written notice in the following circumstances:
18.4.1 If VideoDoc breach the Contract in a material way and fail to remedy the breach within 30 calendar days of you asking Videodoc to do so in writing;
18.4.2 If VideoDoc go into liquidation or have a receiver or administrator appointed over Our assets;
18.4.3 If VideoDoc change these Terms and Conditions to your material disadvantage; or
18.4.4 If VideoDoc are adversely affected by an event outside of Our control that continues for more than 30 calendar days.
18.5 Eligibility for refunds may vary per the Products and Services ordered. You will be required to pay for Products and Services supplied up until the point at which you inform VideoDoc that you wish to cancel (please note that this may include charges in full for any work and services that VideoDoc have undertaken or already provided where Videodoc have reasonably incurred costs. Such sums will be deducted from any refund due to you or, if no refund is due, VideoDoc will invoice you for the relevant sums. Details of the relevant terms will be provided at the time of cancellation. If you are cancelling due to Our failure to comply with these Terms and Conditions or the Contract, you will not be required to make any payment to VideoDoc (unless such failure is due to an event outside of Our control or is due to your failure to comply with any of your obligations).
18.6 Refunds under this Clause 18. will be issued to you no later than 14 (fourteen) calendar days’ after the date on which you inform VideoDoc that you wish to cancel. Refunds will be made using the same payment method you used when ordering the Products and Services unless you specifically request that VideoDoc make a refund using a different method.
- Our Rights to Cancel
19.1 For cancellations before we begin providing the Products and Services, please refer to Clause 17.
19.2 VideoDoc may cancel the Products and Services after VideoDoc have begun providing them due to an Event outside of Our control that continues for more than 30 (thirty) calendar days’, or due to the non-availability of required personnel and/or required materials necessary for the provision of the Products and Services. In such cases, you will only be required to pay for Products and Services that VideoDoc have already provided up until the point at which Videodoc inform you that VideoDoc are cancelling the contract. Such sums will be deducted from any refund due to you or, if no refund is due, VideoDoc will invoice you for the relevant sums or no payment will be due from you and if you have already made any payment to us, such sums will be refunded to you.
19.3 Once VideoDoc have begun providing the Products and Services, Videodoc may cancel the Contract at any time and will give you at least 30 calendar days’ written notice of such cancellation. You will only be required to pay for Products and Services that you have received. Such sums will be deducted from any refund due to you or, if no refund is due, Videodoc will invoice you for the relevant sums.
19.4 Refunds due under this Clause 19 will be issued to you no later than 14 (fourteen) calendar days’ after the day on which Videodoc inform you of the cancellation. Refunds will be made using the same payment method you used when ordering the Products and Services unless you specifically request that Videodoc make a refund using a different method.
19.5 VideoDoc may cancel immediately by giving you written notice in the following circumstances:
19.5.1 You fail to make a payment by the due date as set out in Clause 15. This does not affect Our right to charge you interest on any; or
19.5.2 You breach the contract in a material way and fail to remedy the breach within 14 calendar days’ of VideoDoc asking you to do so in writing.
- Problems with the Products and Services
20.1 VideoDoc always uses reasonable endeavour to ensure that Our Products and Services are trouble-free. If, however, there is a problem with the Products and Services please contact VideoDoc as soon as is reasonable possible via Our contact details.
20.2 VideoDoc will use reasonable endeavour to remedy problems with the Products and Services as quickly as is reasonably possible and practical. In emergency situations, such as those where vulnerable people may be affected, Videodoc will use reasonable endeavour to remedy problems within 23 hours.
20.3 VideoDoc will not charge you for remedying problems under this Clause 20 where the problems have been caused by Videodoc, or any of Our agents or sub-contractors, or where nobody is at fault. If Videodoc determine that a problem has been caused by you, including your provision of incorrect or incomplete information or taking of incorrect action, VideoDoc may charge you for the remedial work.
20.4 As a consumer you have certain legal rights with respect to the purchase of products and services. VideoDoc are, for example, required to provide the Products and Services with reasonable care and skill. You also have remedies if VideoDoc use materials or other products that are not as described, not of satisfactory quality, or not fit for purpose. More information on your rights as a consumer can be obtained from your local Citizens’ Information Centre. Nothing in these Terms and Conditions will affect these statutory rights.
- Our Liability
21.1 VideoDoc will be responsible for any foreseeable loss or damage that you may suffer because of Our breach of these Terms and Conditions or because of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it contemplated by you and VideoDoc when the Contract is created. VideoDoc will not be responsible for any loss or damage that is not foreseeable.
21.2 VideoDoc provide Products and Services for domestic and private use or purposes. Videodoc make no warranty or representation that the Products and Services are fit for commercial, business or industrial purposes of any kind including resale. Videodoc will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
21.3 Nothing in these Terms and Conditions seeks to exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
21.4 Furthermore, nothing in these Terms and Conditions seeks to exclude or limit Our liability as implied under the appropriate sections of the Supply of Goods and Services Act 1980 with respect to your rights as a consumer for:
21.4.1 Breach of your right to title and quiet possession;
21.4.2 Breach of terms relating to description, satisfactory quality and fitness for purpose; and
21.4.3 Our liability relating to defective products as set out in the Consumer Protection Act 2007.
- Events Outside of Our Control (Force Majeure)
22.1 VideoDoc will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any event that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action by third parties, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
22.2 If any event described under this Clause 22. occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
22.2.1 VideoDoc will inform you as soon as is reasonably possible;
22.2.2 Our obligations under these Terms and Conditions (and therefore the Contract) will be suspended and any time limits that VideoDoc are bound by will be extended accordingly;
22.2.3 Videodoc will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Products and Services as necessary;
22.2.4 If the event outside of Our control continues for more than 30 calendar days’ Videodoc may cancel the Contract and inform you of the cancellation. Any refunds due to you because of that cancellation will be paid to you as soon as is reasonably possible and in any event, no later than 14 calendar days’ after the date on which VideoDoc inform you of the cancellation; and
22.2.5 If an event outside of Our control occurs and continues for more than 30 calendar days’ and you wish to cancel the Contract thus, you may do so. Any refunds due to you because of cancellation will be paid to you as soon as is reasonably possible and in any event, no later than 14 calendar days’ after the date on which you inform VideoDoc that you wish to cancel.
- Privacy and Cookies
Use of Our Apps and Websites is also governed by Our Privacy Policies, which includes Our Cookies Policy. These policies are incorporated into these Terms and Conditions by this reference.
- Complaints and Feedback
24.1 VideoDoc always welcome feedback from Our Users and, whilst VideoDoc always use all reasonable endeavour to ensure that your experience as a User of Ours is a positive one, Videodoc nevertheless want to hear from you if you have any cause for complaint.
24.2 All complaints are handled in accordance with Our complaints handling policy and procedure, available from us on request.
24.3 If you wish to complain about any aspect of your dealings with VideoDoc, please contact by mail the Managing Director, Vhi Online Doctor, VideoDoc Limited, 8 The Mall, Beacon Court, Sandyford, Dublin 18, D18 C2D0, or by telephone: 01 9073400 or by Email: email@example.com
- How VideoDoc Use Your Personal Information (Data Protection)
25.1 All personal information that VideoDoc may collect (including sensitive personal information) will be collected, used and held in accordance with the provisions of the ROI and European Law and your rights under that legislation and the accompanying regulations and guidance.
25.2 VideoDoc may use your personal information to:
25.2.1 Provide Our services to you;
25.2.2 Process your Order (including payment) for the Products and Services; and
25.2.3 Inform you of new products and/or services available from VideoDoc (if you opt in or have previously opted in to receive it). You may request that we stop sending you this information at any time.
25.4. VideoDoc, as data controller, will keep your information confidential. We may also record your telephone calls for verification and training purposes.
25.5 VideoDoc may use your data in anonymised form.
- Other Important Terms
26.1 VideoDoc may transfer or assign Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if we sell Our business). If this occurs, VideoDoc will inform you in writing. Your VideoDoc rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
26.2 You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.
26.3 The Contract is between you and VideoDoc. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
26.4 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The rest of these Terms and Conditions shall be valid and enforceable.
26.5 No failure or delay by VideoDoc in exercising any of Our rights under these Terms and Conditions means that VideoDoc have waived that right, and no waiver by VideoDoc of a breach of any provision of these Terms and Conditions means that VideoDoc will waive any subsequent breach of the same or any other provision.
- Communications from Vhi Online Doctor and/or VideoDoc
27.1 If VideoDoc have your contact details, VideoDoc may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes and changes to these Terms and Conditions.
27.2 VideoDoc will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time. All marketing emails sent by VideoDoc include an unsubscribe link. If you opt out of receiving emails from VideoDoc at any time, it may take up to 7 business days for your new preferences to take effect.
27.3 For questions or complaints about communications from VideoDoc (including, but not limited to marketing emails), please contact Vhi Online Doctor by Email: firstname.lastname@example.org
- Data Protection
- Communication and Contact Details
29.1 If you wish to contact VideoDoc with general questions or complaints, you may contact Vhi Online Doctor, VideoDoc Limited, 8 The Mall, Beacon Court, Sandyford, Dublin 18, D18 C2D0. Contact number: 01 9073400. Email: email@example.com
- Law and Jurisdiction
30.1 These Terms and Conditions, and the relationship between you and Vhi Online Doctor (whether contractual or otherwise) and VideoDoc Limited shall be governed by, and construed in accordance with Irish Law in the Republic of Ireland.
31.1 VideoDoc will attempt to keep the information and the resources contained on or accessible through its Apps and Websites timely and accurate, but makes no guarantees, and disclaims any implied warranty or representation, about its accuracy, relevance, timeliness, completeness, or appropriateness for a purpose.
31.2 VideoDoc may change or modify the information, services and any other resources contained on or accessible through its Apps and Websites, or discontinue its Apps and Websites altogether, at any time without notice. Accordingly, you agree to review this agreement periodically, and your continued use of these Apps and Websites shall be deemed your acceptance of the modified agreement.
31.3 VideoDoc reserves the right to change this Policy as we may deem necessary from time to time or as may be required by law. Any changes will be immediately posted on the App and Website and you are deemed to have accepted the terms of the Policy on your first use of the App and Website following the changes.
31.4 In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
- Version Date
These Terms and Conditions, and the relationship between you and VideoDoc Limited are dated 12th January, 2018 and should be construed with in conjunction with Our Privacy and Medical Consent Policies dated 12th January, 2018.
The Vhi Online Doctor Service is provided by VideoDoc Limited.
We want to improve Our products and services through your feedback. If you have any enquiries, questions, comments or even complaints please feel free to contact us at Vhi Online Doctor, VideoDoc Limited, 8 The Mall, Beacon Court, Sandyford, Dublin 18, D18 C2D0, Contact number: 01 9073400. Email: firstname.lastname@example.org
©VideoDoc Limited, 12th January, 2018