Terms and Conditions Dimedic Platform
Version February 2021
1. About us
Our vision is to create the first to seek a digital health platform caring about your overall well-being, combining human experience with innovative technology.
We are a holistic health platform including information and (individualised) advice, consultation, (automated) data screening for health monitoring and risk detection and telemedicine services provided by us or partners (3rd parties) on our platform.
To ensure the highest quality of medical care, our doctors and our software monitor pro-actively the health of our users. We also may take initiative to inform you about individual health risks we see. All health related data will be saved to your health record. In order to provide best quality care relevant personal health data will be shared with 3rd party providers that use our platform – but only, if you agree to use the respective 3rd party providers. All health related data from usage of 3rd party services will also be saved to your health record. Our approach is based on GDPR (Art. 6 par. 1 b) and Art. 9 par. 1 h)) namely that processing is necessary for the purposes of preventive healthcare or (...) medical diagnosis, provision of healthcare or (...) treatment or management of healthcare systems and services (...).
In other words: by using 3rd party partner services available on our platform, you agree and acknowledge that your personal data and health data relevant to the service will be processed by the operators of these applications without the need of your additional separate consent and all usage related data may be saved to your health record.
This applies to both the user's personal data already provided to date by the user on Dimedic platform (obtained and entered into the platform by the user or by Dimedic as a result of the previously used services) as well as new information entered (indirectly or directly) by the user into the said software application.
We provide services at the highest level and our own doctors are registered with the General Medical Council in the UK. Dimedic's registration with the Care Quality Commission (the regulator of healthcare services in England/the UK) allows us to consult and prescribe online. Registration number: 1-1894320254.
Our doctors comply with all the General Medical Council's distance prescribing guidelines and follow the Essential Standards of Quality and Safety issued by the Care Quality Commission. Copies of these guidelines can be found by clicking on the link:http://www.cqc.org.uk/sites/default/files/documents/guidance_about_compliance_summary.pdf
2. Company information and contact details
Dimedic refers to Dimedic Limited, your holistic health platform: registered in the registry of companies for England and Wales under number 9290911, office at: 104 Close, Quayside, Newcastle upon Tyne, Tyne and Wear, NE1 3RF, United Kingdom.
Contact: email@example.com; or: +44 191 4478 751
We will contact you by digital means mainly: e-mail, your customer panel etc.
To use our health platform, you have to register at the Dimedic.eu Platform, creating a secure personal health panel and health record. To do so, you have to provide your email address, date of birth and create a password.
You are obliged to keep your username and password secret and take suitable measures to protect them. You should never share the login details for your health panel with others.
If you know or suspect that somebody knows your username or password, notify us immediately by writing to firstname.lastname@example.org.
5. Age restrictions
Our platform is for the use of patients starting at the age of 18. We reserve the right to request that you prove your age before we accept you using our platform or a specific service offered by us or a 3rd party.
6. Our obligations towards you
We provide a constantly improving health panel and health record to you. All your health related data will be saved there and can be managed by you. Our doctors and engineers constantly develop new software features to monitor and screen your health status, often with the use of artificial intelligence and machine learning.
Each of our doctors undertakes
(a) Professional responsibility
This is for full professional responsibility for every Patient using telemedicine services to the same extent as a Patient receiving care by a Doctor in their professional premises.
Provide a professional and transparent service, in compliance with all guidelines of the General Medical Council on remote prescribing and in line with the Essential Standards of Quality and Safety published by the Care Quality Commission, good medical practice used in England and recommendations of the WHO.
State their name and number of registration with the General Medical Council when prescribing medications or communicating with the Patients.
(d) Prescribing in the best interest of the Patient
Prescribe medications only if this is in the Patient’s best interest and refuse to prescribe a medication if, in the doctor’s opinion, the prescription would not be advised without a face-to-face consultation.
We carefully select the 3rd party partners to provide services on our health platform. Our partners are responsible for the services they provide. They oblige to the standards set by the relevant health institutions in their respective countries of origin. By using 3rd party services, you agree to their respective terms and conditions.
7. Your obligations when using our services and placing orders
As a Patient, you undertake to:
(a) Accurate information
Give honest and accurate answers to all questions.
(b) Personal registration
Register only once.
(c) Registration on behalf of another person
Never register and fill out the form on behalf of another person.
(d) Compliance with the instructions
Carefully read every message sent to your Patient Panel before starting the therapy recommended and prescribed by our doctor; follow the instructions for taking the medication and other instructions received from the Dimedic doctor; read the leaflet enclosed with the medication package and never take any other medications without prior consultation with a doctor or pharmacist. Incase of any questions concerning the prescribed medication, contact us and do not take the medication until you receive adequate information from us and until you understand the applicable instructions.
Accept the clinical decision of Dimedic doctors and doctors of our medical 3rd party partners; if they decide that the medication is not recommended in your case and that you should set up an appointment at the doctor’s office. The decision of the Dimedic doctor is final and no further correspondence will be entered into.
(f) Notice to your GP
It is your responsibility to notify your GP about the medications you have been prescribed by the Dimedic doctor, and you should keep the information about your therapy.
Please be advised that in emergencies we may have to contact your GP or medical services without your consent.
(g) Protection of medications
Make sure that only you can access the medications you have been prescribed by Dimedic doctors.
(h) Expiry date
Make sure not to use any of the prescribed medications if they are past their expiry date.
(i) Notice on side effects
Notify Dimedic using the Patient Panel if you experience any side effects of a medication you have taken under the prescription of the Dimedic doctor or if you believe that any medication prescribed to you by the Dimedic doctor is ineffective.
8. Information and advice
The information and advice provided by Dimedic doctors or doctors of our partners during your use of our health platform is based on the information you have provided us with.
You are responsible for the accuracy and completeness of the information you provide and you accept the fact that failure to provide accurate and complete information (whether intentional or otherwise) may have a negative effect on the information and advice we provide to you and on the prescriptions you are issued, which may have consequences for which we will not be responsible. We aim to respond to all requests for information and advice within two business days, i.e. from Monday to Friday, excluding statutory holidays.
9. Decision to prescribe a medication
Our doctors and doctors of our partners can make the decision if it is in your best interest to take a specific medication only if they have all the required information. Sometimes, it may be necessary to request additional information to complement the information provided in the answer to the questions in the medical consultation form. To this end, the doctor may contact you by means like (mobile) phone, e-mail or health panel.
10. Prices and payments
The currency of the payment will depend on the country from which the request for consultation is made and should be the local currency.
|United Kingdom||Pound sterling|
The price of the services (including VAT, unless indicated otherwise) shall be the price indicated in the order form at the time you agree on a service or product transaction
We make all efforts to ensure that the prices presented at our platform are accurate, but occasionally an error is possible. If you find an error and the price charged is too high, we will identify all users who have overpaid and refund the difference.
11. Provision of our services and partner services
Dimedic is responsible for its holistic health platform, screenings of your health by our doctors and software and the services we provide directly. Our 3rd party partners that offer health services to you on our platform are responsible for their respective services. They conduct the services under their respective terms of service. Such terms of service are made available to you when you start a 3rd party service for the first time on the platform. Our partners are also separate controllers of your personal data. Dimedic makes all efforts to ensure that the partner services offered on our health platform are provided by reliable health institutions and companies. Whenever you choose a partner service, you will be made aware of this fact and informed about the provider.
Our current partners:
- Health consultations with Polish e-prescription: Dimedic Polska Sp. z o.o. with its registered office in Łódź (Poland)
- Drug reserve and collect service for Polish pharmacies: epruf SA with its registered office in Łódź (Poland)
12. Procedure of Dimedic telemedicine service and partner services
Our consultations (telemedicine services) are supported by software. The software helps us with conducting an initial verification of your data relevant to the medical diagnosis already when you provide requested data to us. This means that our doctors may make decisions based on automated processing of personal data in this regard, combined with an assessment of certain factors concerning your health or behaviour (profiling). Our partner services may also use software in the same or a similar way.
We will examine if the information or data from other data sources (e.g. similar cases of other patients; latest scientific publications etc.) and/or your previous consultations with us or 3rd party partner services you consume via our platform, specifically in the medical form give an explicit reason not to conduct the particular medical consultation and/or not to prescribe a drug preferred by you as a user. As a result, we and our partners may qualify your case as a high risk medical consultation and refuse to carry out the consultation or prescribe the medication. This happens if, for instance, the information you have provided absolutely prevents the use of a particular therapy / medication or if it suggests that the medical information may not be reliable. We and our partners are doing so in order to take care of your health in the best possible way. Our procedures and software are constantly evaluated and further developed in accordance with relevant health regulations and scientific findings.
Irrespective of this, if you receive an automated refusal to conduct a medical consultation, you have the right to challenge the decision and state your position in this regard by contacting us or our partners. A re-evaluation of your case will follow.
In order to ensure the high quality of our telemedicine services and guarantee your comfort and security of your data, we will make the following functions/services available to you:
The health panel enables direct, confidential contact with you, and it will be used to save information about your health, your earlier medical consultations, prescribed medications and medical recommendations. The data are collected in a way that guarantees their confidentiality. It will be used by Dimedic and the partner services you choose to use on our platform.
Recording and disclosing your treatment history and medical documentation
We collect the information from all your medical consultations, including the medical forms you have submitted, the correspondence with you, information about your health, your medical documentation and any comments and recommendations of the doctor sent to you. We collaborate with 3rd party partner services which are offered via our platform. In order to provide the best health service possible we provide partner clinics and service providers – only IF you choose to use their service – with data relevant for their medical/health purpose. We also store the course and outcome of consultations and service of our partners on our platform to your health record. You may manage your data all the time within your personal account / health record.
Prescription delivery service
If you are issued a prescription, you may request that it be delivered to you; in such a situation, in addition to paying for the medical consultation service, you will also have to pay for the service to organise delivery of the prescription to you.
13. Your right to cancel the service
You cannot cancel services that have already been provided, even if the time limit for complaints has not yet expired.
If you place an order for a telemedicine service with prescription delivery, we will have to evaluate if your health allows you to take the prescribed medication before we can issue the prescription. We are obliged to perform this service and to evaluate if your health condition requires medications at the time you place your order, and, consequently, you are not entitled to cancel the order in accordance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
In case we should offer services or products that are not directly related to healthcare (for example: a, you have the right to cancel an order within 14 days (unless not already consumed) from receiving the message with the confirmation of your order. You cannot cancel medical consultations and medical products as long as not stated otherwise by trade/consumer law.
14. Our right to withdraw from the contract
We may withdraw from the contract if you breach the rules defined in these Terms of Service. We may withdraw from the contract by writing to you if:
- you have outstanding payments
- you have not provided the information required for us to provide the services within a reasonable period.
If we withdraw from the contract we will refund any money paid towards the services we have not performed, but we may deduct a reasonable amount to cover the costs related to the withdrawal from the contract for reasons attributable to you.
15. Delivery of the prescriptions
The cost of delivering the prescription will be the same as that displayed on our Platform. Prescriptions can be (international) paper prescriptions and e-prescriptions (depending on country). With regards to e-prescriptions they are either delivered via email or other digital means as outlined to our users on the Platform. During the ordering process, you will be informed of the date of prescription delivery. The order will be shipped no later than 5 business days from the date on which you are informed of the result of the medical consultation.
We will be unable to change the order delivery method after the order is placed.
Prescription validity is due to national regulations in each country they may be used. For the UK and Poland the expiry period is as follows (by July 2020):
|Country||Standard prescription expiry period from the date of issue|
|United Kingdom||1 months|
7 days for antibiotics
30 days for other prescriptions
Only users that used a consultation / telemedicine service on our platform are allowed to receive their prescriptions ((via email, mail other means) in person. Prescription sent via mail:
If you are not present at the indicated address at the time of delivery, the delivery company may leave information about the place where the package can be collected or agree with you upon the time of another delivery.
If the package is opened after it has been delivered by the delivery company, we will not bear any responsibility for lost or damaged contents of the package or for any information about you that may be disclosed to third parties as a result.
If you do not collect the package or if, after a failed delivery attempt, you do not collect it at the indicated location or do not contact the delivery company in order to agree upon another delivery attempt, and the package is returned to us, we will contact you in order to acquire further instructions, and we may charge you with the costs of another shipment. If, despite our efforts, we are unable to contact you or agree upon another attempt to deliver or collect the package, we may withdraw from our contract with you.
16. Faulty prescription
You should check the contents of the package immediately after you collect it. If you believe that the package has been sent to you in error, contact us immediately using the Patient Panel or send us an e-mail to: email@example.com.
17. Our liability to you
If we fail to comply with these Terms of Service, we will be liable for any losses and damage you may have suffered that are a foreseeable consequence of our breach of the contract with you or our inadequate care or skills. We are not liable for any losses or damage you may suffer if they are not foreseeable. Losses and damage are foreseeable if it is obvious that they are going to occur or if both Dimedic and our user were aware of the possibility of their occurrence, e.g. if you have discussed them with us during the provision of the service.
We accept full medical responsibility for all of our users, and we do not exclude or limit our responsibility to patients where it would be unlawful to do so. This means that we are liable if the user dies or suffers permanent health impairment due to our neglect, neglect of our personnel or neglect of our representatives, and we are liable for fraud and deliberate misrepresentation
The above-mentioned liability does not cover services provided via 3rd party partner services.
To the extent permitted by law, we are not liable for any losses or damage arising from the contract, tort (including negligence), breach of mandatory obligations or other reasons, even if foreseeable, resulting from or related to the use of, or inability to use, our platform or use of or reliance on the general content shown on our platform.
We are not liable for any losses or damage caused by viruses, distributed denial-of-service attacks or other technologically harmful materials that may infect your computer, software, data or other protected information due to your use of our platform or your downloading of any content from our platform or any other website linked to our platform.
We do not bear any liability for the contents of websites linked to our platform. The fact that we include links does not mean that we have verified the websites. We will not be liable for any losses or damage that may be caused by the use of such websites.
None of the provisions of this Terms of Service prejudice your statutory rights.
18. Access to our platform
We cannot guarantee that our platform or any of its contents will be available continuously. Our platform is available for a specific time. We may suspend, withdraw, interrupt or modify all or any part of our platform without prior notice. We are not liable if, for any reason, our platform is not available at any time and for any period.
You are responsible for providing any technical means required to use our platform. You are obliged to ensure that every person using our platform via your Internet connection is aware of and observes the rules described in these Terms of Service. We reserve the right to limit the availability of our platform or any service described on the platform to any person or geographical region at any time.
19. Information on our platform
We make all efforts to ensure that the information on our platform, regarding our activities, services and any products described on our platform, is accurate and true. However, information presented on the platform may be out of date due to our continuous development.
We do not offer any express or implied guarantee that the contents on our platform will always be accurate, complete, and up to date.
General medical information available on our platform – unlike the customised information included in your Patient Panel – is not a substitute for medical advice and should not be read and understood thus. Such information should not be regarded as medical advice. Obtain professional medical advice before taking or omitting any action based on the general medical information on our platform.
20. Links from our platform to other websites
Our platform may include links to other platforms owned or controlled by third parties. Such links are included for your convenience, and Dimedic does not have any control over their contents and is not liable in any way for such websites.
21. Intellectual property rights
We are the owner or licensee of all intellectual property rights to our platform and any materials it contains. Such materials are protected by copyright and other provisions of the law everywhere in the world. All such rights are reserved.
You may print out one copy or copy any fragments of our platform for your private use and you may also inform others of the contents of our platform.
You cannot modify the paper copies or digital copies you have printed or copied in any way, and you cannot use any illustrations, photographs, video materials, sound sequences or graphics separately without the accompanying text.
We (as well as any other identified authors) must always be indicated as the authors of the contents of the platform.
You are not allowed to use any fragments of contents of our platform for commercial purposes without first obtaining a licence from us or from our licensors.
If you print out, copy or download any fragments of our platform contrary to these Terms of Service, your right to use our platform will expire immediately and you will have to, upon our request, destroy all the copies you have made.
We undertake huge efforts to keep our platform free of viruses and the like. However, we cannot guarantee that our platform is safe and free from errors and computer viruses.
You are responsible for configuring your device, browser or platform in such a way as to be able to access our platform. You should use your own antivirus software.
You are not allowed to use our platform inappropriately or deliberately introduce viruses, trojans, worms, logic bombs or other materials that are malicious or technologically harmful. You are not allowed to attempt unauthorised access to our platform, the servers used to run the platform, devices or databases connected to our platform. You are not allowed to attack our platform using denial-of-service or distributed denial-of-service. By breaching these provisions, you commit an offence under the Computer Misuse Act 1990. We will report every such breach to the relevant law enforcement bodies and will cooperate with them by disclosing your identity. In case of such a breach, your right to use our platform will expire immediately.
23. Assignment of rights
We may assign our rights and obligations under these Terms of Service to another person. We will always inform you in writing (the written form includes notification by e-mail or using the Patient Panel) if this occurs, and we will make sure that the assignment does not affect your rights connected with the contract.
You cannot assign your rights and obligations to another person.
24. Rights of third parties
None of the provisions of these Terms of Service are intended or should be interpreted as intended to benefit a third party in accordance with the Contract (Rights of Third Parties) Act 1999, and no person who is not a party to the contract can exercise such rights.
No delay or decision not to exercise the rights arising from these Terms of Service will constitute a waiver of the right to exercise them in the future and will not affect the rights in relation to a subsequent breach.
If the court finds that certain provisions of these Terms of Service are unlawful, the remaining provisions of these Terms of Service will continue in full effect. Every provision of these Terms of Service should be considered separately. If a court or competent authority finds that any of the provisions are unlawful, the remaining provisions will still be effective.
27. Governing law
These Terms of Service are subject to the laws of England and Wales, and each of us hereby submits to the non-exclusive jurisdiction of English and Welsh courts.
Dimedic is registered in England. With regards to the processing of personal data of our users we follow Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
WE RESERVE THE RIGHT TO CHANGE THESE TERMS OF SERVICE AT ANY TIME, OF WHICH YOU WILL BE NOTIFIED SUFFICIENTLY IN ADVANCE.