Terms and conditions for doctors

Introduction

Welcome to the TeleDoc Doc interface (“Company”, “us”).

These Terms and Conditions (“Terms”) govern the use of our websites located on www.myteledoc.cloud and portal (together or individually “Service”) operated by TeleDoc Holding GmbH aimed at Doctors.

Our privacy policy also governs the use of our service and explains how we collect, protect and disclose information that results from your use of our web pages and portal.

Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood the agreements and agree to be bound by them.

If you do not agree (or cannot comply) with the agreements, then you cannot use the Service, but please inform us by e-mail at hello@myteledoc.clould so that we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use the Service.

Communication

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Purpose

TeleDoc Holding GmbH has created a platform to facilitate the access to top telemedicine services, and TeleDoc’s technology can provide patients a fast access to highly qualified specialist physicians and family doctors.

The doctor is a doctor with the right of free practice, holds a license in the declared medical field and wants to offer telemedical services using the platform owned by TELEDOC HOLDING GMBH.

The purpose of this Terms & Conditions is to provide patients (beneficiaries of telemedicine services offered by the Physician through the TeleDoc platform), remote access to specialized telemedicine advice or a second opinion, after the patient performs a telemedicine check.

The doctor became acquainted with TeleDoc’s technology, understood, appreciates it as positive and is willing to use it in both the relationship’s with TELEDOC HOLDING GMBH and with its patients – final beneficiaries of the services provided – considering the provisions of this agreement.

In achieving the purpose shown above, the parties establish that the extent of the services offered to the population should be mainly the geographical area of ​​the doctor’s country of residence, but not limited to it.

TeleDoc Holding GmbH makes the TeleDoc platform (DOC interface and MyTeleDoc App) available to the Physician only as a technical application of intermediation between the Physician and the patient, without TELEDOC HOLDING GMBH having any responsibility regarding the medical act provided by the Physician.

Art.2.2. For the use of the TeleDoc platform, TELEDOC HOLDING GMBH deducts an amount from the receipts from the client following the Doctor’s service, according to Chapter VII of the contract, the equivalent value of its service for making the TeleDoc platform available to the Doctor and the Patient. The Platform also deducts all costs which cover the bank transfers as well as the fees for the international payment provider.

GUARANTEES

TeleDoc Holding GmbH declares that it has the necessary technology to carry out the contract in legal conditions, both from the point of view of providing services to the population, and from the financial point of view.

In order to guarantee the legality of the services offered, the Doctor declares:

  1. a) that he/she is a doctor qualified and legally licensed to practice medicine in his field.
  2. b) that he/she can provide the services employed both in his/her country of residence’s jurisdiction and outside it
  3. c) that he/she is not currently subject to any professional disciplinary proceedings undertaken by any authority, to any disciplinary proceedings conducted by any telemedicine institution, in any jurisdiction.
  4. d) that he/she is not subject to any legal, private, or professional conflict and is not limited to any private or professional jurisdiction.

The doctor also declares that, to the best of his knowledge, no legal proceedings have been instituted against him, civil or criminal.

In compliance with the above, the Doctor will notify TELEDOC HOLDING GMBH as soon as any change in the situation shown (competence, disciplinary disputes, etc.) occurs.

The Doctor will have a professional insurance in case of malpractice to cover the interests of the injured parties in any case of malpractice, the liability of TeleDoc Holding GmbH cannot be engaged for any deed of the Doctor.

Chapter IV

Contractual duration

This Terms and Conditions come into force from the date of registering at TeleDoc’s services, the obligations assumed behaving on them within its limits, as well as in accordance with the legal provisions in force.

By Agreeing the Doctor will be considered a contractor with all Company agents, with its partners and last but not least, with the final beneficiaries of the services offered in the light of the provisions of this contract.

The Agreement is made for an indefinite period, the termination may occur in accordance with the provisions of Chap. XVI of the contract.

Chapter V

TELEDOC HOLDING GMBH Rights and Obligations

TeleDoc Holding GmbH has the right to contract any patient in the light of the provisions of the contract, its communication with the Doctor being made according to TeleDoc’s procedures.

TeleDoc Holding GmbH will mediate the allocation of patients to the Doctor, the Doctor will provide telemedical services for those patients, voluntarily and without any other formality.

TeleDoc Holding GmbH has the right to verify the activity carried out by the Doctor in the realization of the present contract, both by survey among the patients, and by checking the documents prepared by the Doctor according to the provisions of the contract.

In carrying out the control activity, TELEDOC HOLDING GMBH will have the authority to establish, and control based on the principles of professional ethics.

In monitoring call activity, appointments, and customer ratings.

TeleDoc Holding GmbH has the obligation to ensure the operation and maintenance of the TeleDoc technology in optimal conditions and in compliance with European law.

TeleDoc Holding GmbH has the obligation to pay to the Doctor all the amounts committed in accordance with the provisions of the contract.

Chapter VI

Physician’s Rights and Obligations

The Physician has the right to benefit from TeleDoc technology at maximum capacity and in conditions of use without any restrictions or limitations.

The Physician has the right to be remunerated under the contracts conditions, in the amounts and at the stipulated terms in this contract.

To provide the services to patients within the telemedicine and professional assistance services via TeleDoc’s platform, the Physician undertakes to perform his professional telemedical services responsible from any location where:

  1. a) he/she has access to an online means of audio-video communication
  2. b) he/she has access to a sufficient internet network for the operative and quality provision of services

c)he/she can take all necessary measures to protect the client’s privacy and data.

  1. d) the provision of services is done in optimal conditions in the sense of ensuring a favorable environment (quiet, without disturbing factors, etc.).

The doctor undertakes to act competently and professionally in fulfilling his medical responsibilities and agrees to make all telemedicine decisions using the best medical judgment.

During the period of validity of this contract, the Physician undertakes:

  1. a) to hold and maintain a valid and unrestricted license for the free practice of medicine, within all jurisdictions in which it will provide telemedicine services for and on behalf of TELEDOC HOLDING GMBH, according to the provisions of this contract.
  2. b) to observe all the legal provisions in force and to carry out his activity governed by the principles of professional ethics and to the standard of care of the telemedical community in which the Physician provides telemedicine services
  3. c) Without representing a contradiction of the provisions of the contract, the Doctor agrees and undertakes to provide TELEDOC HOLDING GMBH all the necessary information to document the citizenship and professional status of the Doctor to sign all necessary documents, to document the professional relationship provided herein, appropriately designate TELEDOC HOLDING GMBH or any of its subsidiaries / affiliates / agents as representatives of the reallocation of rights of the Physician in accordance with the provisions of this.

In achieving the purpose of this contract, as well as for statistical purposes, as a result of the telemedicine services provided on the basis of this, the Doctor will prepare and keep telemedicine records on TeleDoc’s platform, as follows:

  1. a) the registers will be drawn up in accordance with the standard telemedical practices, and may also contain information expressly requested by the TELEDOC HOLDING GMBH
  2. b) customer registers and case history documents will always remain the property of TELEDOC HOLDING GMBH

The above includes all records and information that are in the possession of TELEDOC HOLDING GMBH and the Physician and that are the property of any third party and for which TELEDOC HOLDING GMBH has assumed a permanent or temporary custody responsibility.

In achieving the ultimate goal of this contract, that of providing prompt and quality services to final patients the Physician will do as follows:

He will check his agenda / program daily in the system, to make sure that he is aware of all the reserved calls, as well as the hours when they will have to be in contact with the patients.

It will publish / display on the platform its firm work schedule, the days and hours when it is accessible, with at least 2 (two) calendar months in advance

It has the obligation to recognize each reservation of each patient and to be present at the time of the call

  1. a) in case an event occurs in the Physician ‘s activity due to which he will not be able to respect his schedule, he has the obligation to notify the patient at least 24 hours in advance.

Unless requested by an authorized state body, no medical records or documents of a patient or third party shall be disclosed by the Physician to any person or entity not authorized by the patient, except compliance with medical ethics and such related rules, as promulgated by the Board of Directors of TELEDOC HOLDING GMBH or its representative at regular intervals.

In achieving the purpose proposed herein, the parties accept that during this contract and as a necessity of telemedicine services.

The physician undertakes that during the period of this contract not to communicate in any form, to anyone, any information related to patients, for any purpose, the use by the Physician of such information may be exclusively for the purpose of employment or practice of medicine based on the provisions of this contract.

Regardless of who would ask the Physician for information and / or documents / medical data of any kind regarding the patients, he, the Doctor will communicate them only with the prior consent of the patient or TELEDOC HOLDING GMBH.

TeleDoc Holding GmbH (TELEDOC HOLDING GMBH), through its representatives, has the right to communicate the medical data of patients provided whenever they are requested by the competent authorities.

Chapter VII

Contract price / Payment methods

For the platform access services, the Doctor will register himself according to the procedure communicated by TELEDOC HOLDING GMBH. During the registration the Doctor establishes his fee – the price per call -;a fee that will not exceed the gross amount of 150€ / call.

When registering on the TeleDoc platform, the Doctor will also upload the following information:

  1. a) medical curriculum vitae
  2. b) personal photography
  3. c) Personal data requested

The equivalent value of the services provided by the Physician will be collected into the account of a TELEDOC HOLDING GMBH company or a dedicated subsidiary that is focused on payment services within the TD Group. The patient`s payment is handled via trustfull international payment providers eg. STRIPE, PayPal…

Settlement of payments between the parties will be done according to the following procedure:

a) The TeleDoc platform records / quantifies the amounts generated by the Doctor’s telephone calls

b) TELEDOC HOLDING GMBH collects the amounts paid by patients including all the necessary taxes according to the local laws

c) TELEDOC HOLDING GMBH deducts from the amounts generated by the Doctor’s telephone calls, the transaction costs and after a free trial period until the 1.4.2022 in addition to transaction costs, the following amount:

  • EUR 2,99 for calls priced between 0 and 20€
  • EUR 4,99 for calls priced between 21€ and 50€
  • EUR 10,99 for calls priced between 51€ and 150€
  • EUR 19,99 for calls priced between 151€ bis 200€

d) every following month, until the 10th at the latest, TELEDOC HOLDING GMBH will pay the outstanding amount to the Doctor after withholding the amount of stipulated in b)

The amount retained by TELEDOC HOLDING GMBH is related to the use of the platform by the Physician and includes all the services offered by the platform, including new developments of the application, as well as the maintenance of the platform, so that the Physician will have no costs other than the amount. Premium Services will become available on a later date offering monthly subscriptions for doctors.

The doctor is not an employee of TELEDOC HOLDING GMBH and will always remain responsible for the payment of taxes applicable to the amounts collected in the light of this contract, will remain responsible for the payment and deposit of such amounts to the tax authorities, as required by or for any competent authority and according to his country of residences regulations.

The doctor is responsible for the pension in accordance with the legal provisions in force.

Chapter VIII

Personal data processing / Confidentiality

Personal data for the protection of individuals with regard to the processing of personal data and the free movement of such data with subsequent amendments and completions, collected during the signing and conduct of the contract, are used exclusively for statistical purposes and in compliance with legal provisions.

The personal data of the persons involved in the signing and / or performance of the contract (including those of the parties and / or patients), may not be processed and / or published for public information only with their prior information on the purpose of processing and / or publication and only with the obtaining of their consent, in accordance with the law.

In fulfilling its obligations, each Party undertakes to maintain the confidentiality of all data and information in any form (verbal, written, magnetic, graphic or numerical) made available by the other Party, except for information and documents communicated to the qualified authorities for obtaining the authorizations provided by law, starting with the date of their communication and which, by their nature, become public.

The Parties may disclose the terms and conditions of this Agreement to their affiliates, advisers, lawyers, insurers, auditors and accountants and / or to any authority or institution to comply with any regulations and / or laws applicable in any jurisdiction, including those applicable to the Parties’ associates.

The physician will not disclose any confidential information (as defined below) provided by TeleDoc Holding GmbH or known through the performance of this contract, without the written authorization of TeleDoc Holding GmbH.

8Such Confidential Information will not be used in any way, directly or indirectly, to the detriment of TeleDoc Holding GmbH

If the Physician is requested (through oral questions, interrogations, requests for information or documents, requests for civil investigations or similar processes) to disclose or present any confidential information provided in the performance of this contract, the Physician:

a) will send TeleDoc Holding GmbH a prompt notification and copies, if possible, and if not possible, will provide a description of the confidential information requested to be presented so that TELEDOC HOLDING GMBH can make relevant decisions, knowingly AND

b) shall consult with TELEDOC HOLDING GMBH regarding legal actions following such a request.

The physician agrees that if, in the written opinion of his or her legal counsel, he or she is required to disclose confidential information about the patient to any authority or to be liable for non-compliance or to bear other penalties, he or she may disclose or present such confidential information to such authority without any liability.

The terms and provisions of this section will continue to take effect after the termination of the contract, for a period of at least 10 (ten) years, thus protecting all copyrights held by TELEDOC HOLDING GMBH and the TeleDoc platform.

In the execution of this contract, the Doctor does not acquire any property or intellectual property rights over the platform and / or any technology provided by TELEDOC HOLDING GMBH

Violation of the obligations of confidentiality by any Party leads to the payment of compensation, the Party claiming the violation of the obligation of confidentiality being obliged to prove the fault of the other Party and the amount of the damage suffered.

Chapter VIX

Contractual risk / Liability / Exemption

Any event which will influence the ongoing business of TELEDOC HOLDING GMBH will be communicated to the physicians immediately.

If the Doctor refuses the calls, does not respect the program communicated on the platform or does not notify the patient about its modification according to the provisions of this contract, he, the Doctor, will be automatically excluded / deleted from the list of doctors, TELEDOC HOLDING GMBH retaining any amount on who would still have to pay it at that date to the Doctor as damages and without this fact representing the waiver of the repair of all other possible damages brought to TELEDOC HOLDING GMBH by the action / inaction of the Doctor.

For any changes to this contract this contract, the parties shall take the form of an additional Act drawn up in accordance with the provisions of this contract.

The parties are exonerated from any personal liability, as long as they have fulfilled all the obligations assumed both by this contract and by subsequent Additional Acts to it.

To third parties, the Parties are solely liable.

The signatories of the present contract are exonerated from any responsibility in case direct or indirect damages were brought to the execution of the present contract.

Chapter X

Assignment of the contract

The parties may not assign the rights and obligations provided by this contract to a third party without the express consent of the other party in writing.

The agreement provided for in the previous paragraph must be communicated by the party to whom the assignment agreement is requested within 5 (five) working days from the date when the interested party requested this agreement.

If the party to whom the assignment agreement is requested does not respond to the request within the term shown above it is presumed that the assignment agreement has not been granted.

Chapter XI

Validity clauses

The total or partial termination of the clauses of this contract has no effect on the obligations already due between the parties.

The provisions of the previous article are not such as to remove the liability of the party which, through its own fault, determined the termination of the contract.

If one or more clauses of this contract are declared null and void, the valid clause (s) will continue to have effect.

Chapter XII

Penalties / Damages / Execution of guarantees

The doctor will be the only one responsible both to TELEDOC HOLDING GMBH, to patients, as well as to any other third person, in case of carrying out the activity in violation of the legal provisions in force.

The parties are solely responsible for their own tax records.

Chapter XIII

Notifications between parties

In the acceptance of the Contracting Parties, any notification addressed by one of them to the other shall be validly fulfilled if it is sent to the headquarters provided for in point 1.3. of this contract.

If the notification is made by post, it will be sent, by registered letter, with acknowledgment of receipt and is considered received by the recipient the date mentioned by the receiving post office on this confirmation.

If the notification is sent by fax or mail, it is considered received on the first working day after the day on which it was sent.

Verbal notifications shall not be taken into account by either Party, unless confirmed, by one of the means provided for in the preceding paragraphs.

Any change brought by the parties to its identification data contained in this contract (name, representative, address, bank account, etc.), will be notified to the other party within 24 hours from the date on which the change occurred, otherwise the party not notified being exonerated from any liability that may arise from non-communication.

The communication data of the parties are:

TeleDoc Holding GmbH

Address: Absberggasse 31/10, 1100 Vienna, Austria

Phone: 06605667344 E-mail: office@myteledoc.app

Contact legal representative:

Name: Florian Brandstetter

Chapter XIV

Force majeure / fortuitous case

Neither Contracting Party shall be liable for the failure to perform on time and / or for the improper performance – in whole or in part – of any obligation under this contract, if the non-performance or improper performance of that obligation was caused by force majeure or by chance, as defined by law.

The party invoking force majeure or fortuitous event is obliged to notify the other party within 3 (three) calendar days of the occurrence of the event and to take all possible measures to limit its consequences.

If within 10 (ten) calendar days from the occurrence, the respective event does not cease, the parties have the right to notify the full termination of this contract without any of them claiming damages, having only the duty to and honor all obligations already due at this date.

Chapter XV

Jurisdiction of the contract Interpretation / Litigation / Solving competence ~

This contract is governed by the laws in force in Austria, its interpretation being made exclusively in German.

The parties have agreed that all disagreements regarding the validity of this contract or resulting from its interpretation, execution or termination shall first of all be mediated by their representatives, trying to resolve it amicably.

If the settlement is not possible amicably, the competence to resolve any possible disputes will be that of the Courts in Vienna.

Chapter XVI

Termination of the contract / Termination

The parties have agreed that during the period of validity of this contract, it may be terminated:

a) at the request of any party, with 90 (ninety) days’ notice and without any justification

b) immediately, by mutual agreement of both parties, or

In case of intervention of a case of incompatibility of the Doctor, the parties will follow the following procedure:

The doctor will notify TELEDOC HOLDING GMBH within 24 (twenty-four) hours from finding out the reason for incompatibility by a written notification. The cases of incompatibility, according to the parties, are:

a) Suspension, revocation, cancellation or limitation of the Doctor’s right to practice in any jurisdiction

b) The revocation, totally or partially, of the medical privileges of the Doctor, as extended to him by the appropriate authorities of any hospital where TELEDOC HOLDING GMBH undertakes its activity.

c) Failure to comply or refusal of the Physician to fulfill his responsibilities under this contract or to comply with the rules, regulations or other policies established by the TELEDOC HOLDING GMBH or by the appropriate authorities of any hospital in which the Physician provides services.

d) Conviction of the Doctor as a result of committing any crime.

e) Unprofessional, unethical, immoral or fraudulent behavior of the Physician or a discovery by a professional society of such behavior

f) Proof of the Doctor’s lack of honesty regarding the responsibilities and obligations

The decision, whatever it may be (suspension or termination), will belong exclusively to TELEDOC HOLDING GMBH.

Art.16.3. This contract will be terminated immediately, without any other formality, in case TELEDOC HOLDING GMBH will be declared by a competent Court as insolvent according to the laws in force.


Chapter XVII

Modifications and additions / Safeguard clause

The Parties confirm by signing this agreement that it represents the entire agreement they enter into regarding its object and there is no other agreement or verbal and / or written promise made by the Parties (and / or by any other person or party acting or about which is supposed to act on their behalf) contrary to the provisions of this contract.

Any modifications and completions to this contract (including in connection with this clause) will be void and will not take effect unless made in writing and signed by both Parties, in which case the Parties may replace the null provision with a valid one that retains as far as possible the purpose of the null and / or inapplicable provision.

The additional documents negotiated and signed regarding this contract will be numbered from “1 to n” and will become integral parts of it from the date of their signing by both parties, being dated with the date of signing.

The Parties expressly agree that any of the terms of this Agreement, including but not limited to the terms of performance of the obligations of each of the Parties, may be modified by the signing by the Parties of one / more additional documents to the Agreement.

Intellectual property

The original service and content (except for User-Provided Content), features and functionality are and will remain the exclusive property of TeleDoc, and its licensors. The service is protected by copyright, trademarks and other laws of foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of TeleDoc Holding GmbH.

Copyright / intellectual property policy

We respect the intellectual property rights of others. Our policy is to respond to any claims that the Content posted on the Service infringes the copyright or other intellectual property rights (“infringement”) of any person or entity.

If you are the copyright holder or are authorized on behalf of another person and you believe that the copyrighted work has been copied in a manner that infringes copyright, please email your claim. At hello@myteledoc, with the subject: “Copyright Infringement” and include in your claim a detailed description of the alleged infringement as detailed below, under “DMCA Notification and Procedure for Copyright Infringement Claims”

You may be held liable for damages (including costs and attorneys’ fees) for misrepresentation or bad faith claims for infringement of any Content found on and / or the Copyright Service.

Error reporting and feedback

You can provide us either directly at hello@myteledoc.app, or through third party sites and tools with information and feedback on errors, suggestions for improvements, ideas, problems, complaints and other issues related to our Service (“Feedback”). ). You acknowledge and agree that: (i) you will not retain, acquire or assert any intellectual property rights or other rights, titles or interests in or about feedback; (ii) TeleDoc Holding GmbH may have development ideas similar to feedback; (iii) The feedback does not contain confidential or proprietary information from you or any third party; and (iv) TeleDoc Holding GmbH has no obligation of confidentiality with respect to the Feedback. If the transfer of ownership to Feedback is not possible due to the applicable applicable laws, grant TeleDoc Holding GmbH and its subsidiaries an exclusive, transferable, irrevocable, free, sub-authorized, unlimited and perpetual right to use (including copying, modification, creation of derivative works, publishing, distribution and marketing) Feedback in any way and for any purpose.

Links to other websites

Our service may contain links to websites or web services of third parties that are not owned or controlled by TeleDoc.

We do not guarantee the offers of these entities / persons or their websites.

We strongly recommend that you READ THE TERMS OF THE DATA PROCESSING SERVICES AND POLICIES OF ANY SITE OR WEB SERVICE OFFERED BY OTHER PARTIES.

Termination

We may close or suspend your account and access to the Service immediately, without prior notice or liability, if any breach of these Terms is found.

If you wish to terminate your account, you may simply opt out of using the Service.

All provisions of the Terms that, by their nature, should survive termination, will survive termination, including, without limitation, property provisions, disclaimers, indemnity and limitations of liability.

Governing law

These Terms will be governed by and construed in accordance with the laws of ………, which govern the law applicable to the Agreement without regard to its conflict of laws provisions.

Failure to comply with any right or provision of these Terms will not be considered a waiver of these rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the other provisions of these Terms will remain in full force and effect. These Terms constitute the entire Agreement between us with respect to our Service and supersede any prior agreements we may have had between us with respect to our Service.

Changes in conditions

We may change the Terms at any time by posting the amended terms on this site. It is your responsibility to periodically review these Terms.

Your continued use of the Platform after the publication of the Revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so that you are aware of any changes as they are mandatory for you.

By continuing to access or use our Service after the changes become effective, you agree to be subject to the new terms. Failure to accept the new terms will result in the closure / suspension of your account.

Waiver and separability

No waiver by TeleDoc Holding GmbH of any term or condition set forth in the Terms shall be construed as a subsequent or continued waiver of such term or condition or a waiver of any other term or condition and any failure by TeleDoc Holding GmbH to assert a right or a provision in accordance with the Terms shall not constitute a waiver of such right or provision.

If any provision of the Terms is held by a court or tribunal of competent jurisdiction to be invalid, unlawful or unreasonable for any reason, such provision shall be removed or limited to a minimum so that the remaining provisions of the Terms continue to apply. be in full force and effect.

Recognition

BY USING THE SERVICE OR OTHER SERVICES OFFERED BY US, YOU AGREE THAT YOU HAVE READ THESE TERMS AND CONDITIONS AND AGREE TO SUBMIT THEM.

Contact us

Please send feedback, comments, requests for technical assistance by e-mail: hello@myteledoc.app

Version dated 04.10.2021