INTRODUCTION

The website his.deamedicine.com, and the DEA MEDICINE platform are the property of SILOSI MEDICAL TECH S.R.L, a Romanian legal entity, with unique identification code 42495142, registered in the Trade Register under no. J16/663/2020, headquartered in Craiova, str. Eroilor, no. 95, Dolj county, e-mail support@deamedicine.com.

Accessing the platform and purchasing intermediated services implies acceptance of the terms and conditions contained in this document, in this regard we recommend reading the document in full.

ART. 1 – DEFINITIONS

a) Services – any telemedicine service offered according to art. 30 et seq. of Law no. 95/2006 on healthcare reform, physical appointments in medical offices of medical service providers or medical advice that are not limited to Law no. 96/2006, including any module or component thereof to be provided by medical service providers through the DEA MEDICINE platform, as an intermediary towards users, as a result of the concluded Contract; These services may include:

– Telemedicine – all medical services provided remotely, without the simultaneous physical presence of medical personnel and the patient, for establishing the diagnosis, indicating the treatment, monitoring conditions or indicating methods of disease prevention, in a secure manner, through information technology and electronic means of communication.

– Teleconsultation – the medical service performed in relation to the patient, who discusses remotely with the doctor, and can be performed through any means of communication, in order to establish the diagnosis, treatment and/or the necessary measures to prevent diseases and their complications, all in the interest of promoting the patient’s health.

– Telemonitoring – a medical service that allows a medical specialist to remotely monitor and interpret medical data about a patient transmitted by the latter via remote electronic communication means, necessary for medical follow-up, adjustment of therapeutic conduct, lifestyle and hygiene-dietary regimen related to the care of this patient, as appropriate. The recording and transmission of medical data can be automated by means of approved medical devices that measure and transmit medical information about the patient’s condition or performed by the patient, by a doctor or other medical personnel.

– Teleradiology, respectively remote radiology and medical imaging – a telemedicine service that involves the electronic transmission of radiological images using digital image capture technologies, for the purpose of their interpretation by specialists in radiology-medical imaging and establishing a diagnosis.

b) Contract – represents the remote contract concluded between the provider of the DEA MEDICINE platform and the user to mediate telemedicine services or obtain medical advice from medical service providers, following the confirmation by the user of the order placed;

c) Account – section of the DEA MEDICINE platform consisting of an e-mail address and a password that allows the user to navigate the platform and submit the Order; contains information about the user and his history on the platform;

d) Order – an electronic document that intervenes as a form of communication between the user and the platform provider, through which the user transmits to the platform provider the intention to purchase Services mediated on the DEA MEDICINE platform, expresses his agreement to receive Services and make payment for them, and the platform provider undertakes to mediate the services offered by medical service providers by making available the infrastructure necessary for the payment and to collect payment for the services offered;

e) User – natural or legal person who places an order for telemedicine services or medical advice provided through the DEA MEDICINE platform;

f) DEA MEDICINE Platform – the website, the application made available on www.deamedicine.ro, managed by SILOSI MEDICAL TECH SRL which mediates medical services and medical advice between medical service providers and users (patients);

g) Medical service providers are divided into two categories:

– Medical service providers that provide prophylactic and curative medical assistance through telemedicine, which include outpatient medical offices of family doctors and other specialties, diagnostic and treatment centers, medical centers, health centers, laboratories, as well as through other public and private health units and the doctors employed at them and public and private health units with beds, as follows from the definition provided in Law no. 95/2006 on the health reform.

– Medical service providers that provide medical advice through DEA MEDICINE platform – can be offered by all doctors who meet the conditions provided for in art. 376 paragraph (1) letters a), c) and e) of Law no. 95/2006, as well as doctors established in Romania who meet the conditions provided for in art. 376 paragraph (1) letters b), d), f) and g) of Law no. 95/2006 and who practice the medical profession under the conditions of this law who are part of the Romanian College of Physicians.

ART. 2 – SERVICES

(1) The services provided through the DEA MEDICINE platform involve doctor-patient interaction in the virtual environment, through electronic means of communication. The services provided by the DEA MEDICINE platform come as an alternative to consultations in the presence of the patient in the doctor’s office, since the physical medical consultation cannot be replaced.

(2) Medical information provided by healthcare providers is provided solely on the basis of the information that the user presents and describes. It remains the user’s responsibility to provide the most accurate and complete description possible of symptoms, general health status, medication used or treatments indicated by other doctors, medical history and any possible factors that could influence the information provided by healthcare providers. At the same time, the healthcare provider must ensure that it takes all necessary measures, prepares the necessary documents to meet legal requirements regarding the services used.

(3) Healthcare services that involve prophylactic and curative healthcare will not be able to involve a complete clinical examination at this time (vital signs cannot be measured, clinical data cannot be obtained by palpating or listening to the patient);

(4) Medical advice provided by doctors who are part of the Romanian College of Physicians, but who are not limited to providers of curative and prophylactic healthcare services, can only be considered recommendations, they do not amount to a medical diagnosis; Medical advice cannot be followed by medical prescriptions.

(5) The provider of curative and prophylactic healthcare services via telemedicine will be able to issue prescriptions or medical letters, but at this time will not be able to issue all types of prescriptions, such as compensated prescriptions, in certain situations.

(6) The user is asked to take into account the recommendations made by the doctor and not to exceed them. The healthcare provider and the provider of the DEA MEDICINE platform decline any liability if the user does not follow the recommendations made. In cases where the recommendations made within the contracted services do not improve the symptoms presented or the symptoms worsen, the user has the duty to call the emergency service 112 or present himself for a physical consultation with the doctor.

ART. 3 – HOW THE PLATFORM WORKS

– CREATE AN ACCOUNT

(1) To log in to the DEA MEDICINE platform, the e-mail address and password will be used. These data will allow authentication in the DEA MEDICINE platform.

(2) You are solely responsible for controlling the login data and you are prohibited from making it available to anyone else. You are responsible for all activities that take place under the authentication data.

(3) All persons who have an account on the DEA MEDICINE platform are obliged to notify the e-mail address support@deamedicine.com as soon as possible of any unauthorized use of the login data or any need to reset or block the authentication data associated with the created account.

USE BY MINORS

(4) All persons who create an account must be at least 18 years old and certify by entering the year of birth and by simply accepting this document. Users assume full responsibility for the choice and use of the Services purchased.

(5) DEA MEDICINE is not intended for use by children under the age of 18, without the consent and without the presence of their parents/legal guardians.

(6) Children under the age of 18 must be registered on the DEA MEDICINE platform under the account of their parent or legal guardian. Parents or guardians are solely responsible for the presence of their minor children when using the DEA MEDICINE platform.

– PROHIBITED USES CONDITIONS OF USE BY PATIENTS

(7) Platform users are responsible for the information, documents, images transmitted using the DEA MEDICINE platform. In this regard, users are prohibited from:

-communicating obscene, defamatory, threatening, harassing, abusive, offensive materials to any person or entity with whom they interact on the DEA MEDICINE platform;

-communicating an explicit sexual image;

-identifying themselves with the identification/authentication data of another person;

-violating the legislation on the protection of personal data;

-communicating that are protected by copyright, without the permission of the copyright owner;

-to communicate materials that reveal trade secrets, unless there is permission from the owner of the information;

-to communicate materials that violate any other intellectual property rights, confidentiality or privacy rights of others.

(8) It is strictly prohibited to post on the Platform any content, including but not limited to materials, comments, images, video sequences, which have obscene or vulgar language, contain illegal, threatening, abusive, indecent texts, racist, chauvinistic messages or which could discriminate against any person in any way or which would violate any other human rights and freedoms according to the legislation in force.

ART. 4 – CONDITIONS OF USE BY DOCTORS

(1) Medical service providers who wish to register on the DEA MEDICINE platform will be accepted following a prior verification in which the following documents will be provided:

– copy of the identity card according to the original

– certificate of membership of the College of Physicians in the country of origin

– annual opinion on the exercise of the medical profession

– certificate of confirmation in the specialty from the Ministry of Health

– copy of the malpractice insurance in the specialty in which the doctor works

(2) The person responsible for verifying the documents within the DEA MEDICINE platform will verify the documents within a maximum of 24 hours and will send an e-mail to the applicant regarding the approval of the account or will inform about the need to present other documents.

(3) Upon confirmation of the account, the service brokerage contract concluded between the DEA MEDICINE platform provider and the medical service provider will also be sent for signature.

(4) The services offered by the medical service providers will be offered by doctors registered with the Romanian College of Physicians and those who can provide prophylactic and curative medical assistance, primarily from medical offices located in the clinics where they operate and in special cases at home, ensuring doctor-patient confidentiality. The patient is, in turn, responsible for ensuring confidentiality in the space from which they access the consultation.

(5) The services offered via videoconference will not be recorded either by the medical service provider, or by the users, or by the DEA MEDICINE platform as a result of the purchased services. The recording of services offered via videoconference by the user is prohibited. In the event of a possible violation of this provision, the user may be denied access to the DEA MEDICINE platform.

(6) Within the framework of the services contracted on the DEA MEDICINE platform, opinions expressed in the “Leave a question” section may also be stored in the browsing history on the platform.

ART. 5 – PATIENTS’ RESPONSIBILITY

(1) The User shall be fully responsible for any content, data or information communicated or displayed through the Platform.

(2) The User must be aware that providing inaccurate, incomplete or erroneous information may have an impact on the assessment of his/her health status.

(3) Users must be careful when purchasing the services offered on the DEA MEDICINE platform as these may be offered by both providers who can provide prophylactic and curative medical assistance who can establish a medical diagnosis (such as doctors from individual offices, polyclinics, hospitals) and independent doctors, who are registered with the Romanian College of Physicians, who can only provide medical advice.

(4) Any action, of any nature, taken by the User following advice received from medical service providers registered on the DEA MEDICINE platform cannot in any way attract the liability of the platform provider, being only an intermediary platform. The User will not be able to take action against the platform provider for any damage caused by recommendations of any kind, suffered by the user as a result of the instructions provided by the medical service provider.

(5) The answers provided through the platform by doctors who cannot provide prophylactic or curative assistance but only medical advice, the information requested are only of an educational and informative nature and cannot be considered, under any circumstances, as equivalent to specialized medical consultations or analyzes.

(6) The User is responsible for maintaining the confidentiality and security of the information.

(7) The use of any information provided through the Services will be made by the User entirely at his own risk.

ART. 6 – RESPONSIBILITY OF DOCTORS

(1) Healthcare providers are responsible for maintaining the authentication data and all information collected during the safe use of the platform.

(2) Medical service providers will communicate the activities to users that they may carry out and assume that they will not communicate the information they come into contact with during the use of the DEA MEDICINE platform to any unauthorized person and accept that they are fully responsible for all actions taken within the Platform from the account associated with it.

(3) Medical service providers are obliged to provide medical recommendations strictly within the limits of their competences/specializations, in accordance with the usual standards and practices regarding the medical act and in accordance with applicable national legislation.

(4) The medical service provider acknowledges and agrees that it will bear all responsibility for the medical recommendations communicated to users and, therefore, waives their right to request, in any matter concerning the User’s medical aspects, the responsibility of the DEA MEDICINE platform provider.

ART. 7 – LIMITATION OF LIABILITY OF THE PLATFORM

(1) Given the technological and legislative limitations at this time, accessing this service represents the declaration of acceptance by users of the limitations of the services offered on the DEA MEDICINE platform by medical service providers as explained in this document.

(2) Given the level of confidentiality and security necessary to safely access this type of service, the services offered on the platform are accessible only through the account created on the DEA MEDICINE platform.

(3) The DEA MEDICINE platform provider does not assume the obligation and does not guarantee implicitly or expressly for the content displayed on the Platform or for all the content offered by Users. The Platform Administrator will make all reasonable efforts to ensure the accuracy of the information inserted in the Platform and will try to correct errors and omissions as soon as possible after notification.

(4) The Platform Provider does not provide any guarantees or liability for the Platform Content and under no circumstances can it be held liable for any loss or damage that may result from the use of the platform or the services purchased from the platform or from the impossibility of using it, regardless of its cause or from the misinterpretation of any provisions of the Platform content.

(5) The Platform Provider does not provide any guarantee that the medical information and recommendations provided through the Services are appropriate to the health status or needs of the Users.

(6) Users understand and accept that the provision of the Service may be affected by certain objective conditions and that any services offered through the Platform are offered by medical service providers, and Users use these services at their own risk.

(7) Users understand and accept that the Platform provider is exempted from any liability in the event of any stoppage, interruption, difficulty, malfunction or error in the functioning of the Platform, in the event of a technical error of any kind or any errors in the provision of the Service, as well as in any situation in which it would not be proven that any errors or problems of a technical nature from those mentioned above are directly and exclusively due to the serious fault of the Platform provider.

(8) Users expressly understand and accept that the Platform provider is exempted from any liability for any kind of direct, indirect damage, including but not limited to loss of profit, commercial loss or other intangible losses, resulting from the use of the Service or any other aspect related to the Service as well as from the use of the Platform Content in any way or any legal effects deriving therefrom.

(9) In cases of force majeure, the Platform provider is completely exempted from liability. Cases of force majeure include, but are not limited to, malfunctions of technical equipment, lack of functioning of the internet connection, computer viruses, computer attacks of any kind and interference with malicious computer programs, unauthorized access to the Platform systems, operating errors, strikes, etc.

(10) The Platform Provider, medical service providers, as well as any other parties involved in the creation, development and operation of the Platform are not liable for indirect, related, specific and/or consequential damages resulting from the use of the Platform, such as, but not limited to:

-interruption of services for any period of time;
-technical errors or problems;
-problems or consequences related to the direct or indirect use of the Platform;
-delayed response or lack of response to any message, request or report sent via the Platform;
-physical or emotional damage caused during the use of the Platform or any component thereof;
-bodily injury or emotional distress caused by or related in any way to the use of the Platform Services;

ART. 8 – PAYMENT FOR SERVICES OFFERED ON THE PLATFORM

(1) If you wish to purchase any of the services made available through the Platform, you may be asked to provide certain information relevant to the purchase thereof including, without limitation, your credit or debit card number, your card expiration date, billing address.

(2) You represent and warrant that: (i) you have the legal right to use any cards or other payment methods in connection with any purchase; and (ii) the information you provide to us is true, accurate and complete.

(3) We use the services of certain providers for the purpose of facilitating payment and completing Purchases. By submitting your information, you grant us the right to provide the information to these third parties, subject to our Privacy Policy.

(4) We reserve the right to refuse or cancel your order at any time, for reasons including, but not limited to: service availability, errors in the description or price of the service, error in your order or other reasons.

(5) Regarding paid services available through the DEA MEDICINE platform, the User undertakes to pay the platform provider the fee for the respective services, according to the information available on the platform as soon as the order is placed, otherwise, the desired service cannot be scheduled.

(6) SILOSI MEDICAL TECH S.R.L through the DEA MEDICINE platform will not claim and the User is not obliged to pay any additional fee other than those mentioned on the platform.

(7) The User may not request a refund of this fee except in cases of force majeure, such as, for example: the doctor’s failure to show up at the scheduled appointment, doctor’s connection errors, videoconferencing failure as a result of the platform’s failure, etc.

(8) SILOSI MEDICAL TECH S.R.L reserves the right to change the fees for any of the Services and to establish new fees at any time, at its own discretion. Any fee change will become effective immediately after its display on the Platform).

(9) Considering the payment by card, the User fully complies with the terms and conditions of the payment operator, SILOSI MEDICAL TECH S.R.L. being fully absolved of any liability regarding any problems encountered in making the payment.

(10) We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

(11) In the event that the contracted time is not used (for example: a service was purchased for a period of 30 min, but the consultation lasts less than 30 min), a refund of the amount of money paid will not be possible.

(12) In the event that, during the use of the purchased service, the allocated time is exceeded, both parties will be notified of this. If the user wishes to continue the services and the medical service provider is available to continue the service, the user will have to pay immediately, before continuing the ongoing service.

ART. 9 – INTELLECTUAL PROPERTY

(1) All information that makes up the DEA MEDICINE platform (images, text, audio elements, graphic elements, software elements, stylized representations, commercial symbols, static images, dynamic images, text and/or multimedia content presented, etc.) belong to the platform provider, who has copyright over all information.

(2)At the same time, the platform provider owns the ownership of the name and the graphic element by registering the trademark with EUIPO. The use of any of the elements listed above without the consent of the Platform provider is punishable, according to the legislation in force.

(3)The use of any registered trademark name does not constitute advertising or infringement of the registered trademark. The DEA MEDICINE platform provider does not assume responsibility and cannot be held liable for any damages caused in this way.

(4) For notifications regarding copyright or trademark infringement, we ask you to communicate them to us at the e-mail address support@deamedicine.com.

ART. 10 – PROTECTION OF PERSONAL DATA

(1) In accordance with the requirements of European Regulation 2016/679 for the protection of individuals with regard to the processing of personal data and the free movement of such data, the provider of the DEA MEDICINE platform provides data subjects with an Information Notice on the processing of personal data here.

(2) In accordance with European Regulation 2016/679, the data subject has the right of access, of intervention in the data, the right not to be subject to an individual decision and the right to object justice. At the same time, he has the right to oppose the processing of personal data concerning him and to request the deletion or restriction of such data.

(3) To exercise these rights, the data subject may send a written, dated and signed request to the e-mail address support@deamedicine.com.

ART. 11 – TERMINATION OF THE CONTRACT

(1) Termination of the contract may be requested by either party.

(2) In the event that the user or the medical service provider violates the provisions of this contract, the provider of the DEA MEDICINE platform has the right to close or suspend the account and access to the service immediately, without prior notice.

(3) If the user wishes to terminate the contract concluded with the platform provider, he may give up using the platform by requesting deletion of the account on the platform or by not using the platform for 1 year. The user will receive a notification by e-mail regarding the completion of one year of non-use of the platform and that access to the account will be temporarily blocked in the event of non-access to the platform.

(4) Non-use of the platform for more than 1 year will entitle the platform provider to delete the user’s account.

(5) All provisions of the Terms that, by their nature, should survive the termination of the contract, will survive, including, without limitation, provisions related to intellectual property, data protection and limitations of liability.

ART. 12 – GOVERNING LAW

(1) This contract will be governed by the laws of Romania. Any disputes arising from this contract will be resolved by the courts with general and material jurisdiction, in accordance with the provisions of the Code of Civil Procedure, located in the municipality of Craiova, Romania.

ART. 13 – ACKNOWLEDGEMENT AND MODIFICATIONS OF THE PROVISIONS

(1) As providers of the DEA MEDICINE platform, we may modify the Contractual Terms at any time by publishing the modified terms on this site. It is the responsibility of users to check these Terms before placing any order. In the event that we modify the provisions of this contract, we are not obliged to communicate these modifications to each user.

(2) Using the Platform even after modifying some clauses of this contract means that they have been acknowledged and accepted as modified.

(3) By continuing to use the DEA MEDICINE platform after the modifications become effective, users accept and understand to be subject to the new terms. Failure to accept the new terms will result in the closure/suspension of your account.

(4) At the time of placing the order, the contractual provisions are applicable from the time of placement until the time of provision of the purchased medical service.

(5) If any provision of the Terms is invalidated for any reason, it will not entail the cancellation of the entire contract so that the contractual provisions remaining in force will continue to produce effects.

(6) Except for the situations in which we expressly specify otherwise, the modification of the provisions is immediately applicable. If the Platform is continued to be used, the User’s acceptance will be deemed to have been expressly expressed.

(7) In the event of a divergence arising in relation to the published version of the document, the latest published version shall be applicable.

ART. 14 – FORCE MAJEURE AND FORCE MAJEURE

(1) Neither party shall be liable to the other party for any delay or failure to fulfill its contractual obligations to the extent that such delay or failure results from circumstances beyond the control of the parties and constitutes a case of force majeure.

(2) Force majeure exempts the party invoking it from liability, according to the provisions of the Civil Code (art.1351 N.C.C.). Force majeure is any external, unforeseeable, absolutely invincible and inevitable event.

(3) The party invoking force majeure is obliged to notify the other party, in writing, within a maximum of 48 hours from its occurrence, and proof of force majeure shall be communicated to the other party within five days from its occurrence, by electronic means. The reference date is the date of sending the e-mail corroborated with the confirmation of receipt of the electronic communication.

(4) The party invoking force majeure is obliged to notify the other party of the cessation of this cause within five days from its cessation.

ART. 15 – COMMENTS AND REVIEWS

(1) The User who has created an account and registered an Order will be able to register on the DEA MEDICINE platform in the dedicated Comments/Reviews section. The information entered can be both positive and negative, and will refer to the characteristics of the services delivered.

(2) The User is obliged to comply with the following rules when registering a Comment/Review:

• to refer only to the characteristics of the services, avoiding information related to aspects that may change (price or promotional offers) or information related to the manner of carrying out the Order;

• to use appropriate, non-offensive language, without terms that may offend or affect any other user;

• to ensure that the information entered is realistic, correct and in accordance with applicable laws, not violating the rights of other parties;

• not to use the Review/Comment as a means of communication with the DEA MEDICINE platform provider or the medical service provider.

(3) When a Review/Comment has inappropriate content or contains insults, the provider has the right to exclude it from the platform.

(4) If the platform provider finds that a user has repeatedly violated the Terms and Conditions, it has the right to suspend the user’s ability to register Reviews/Comments.

(5) For notifications or complaints regarding the services offered by the platform provider or the medical service providers registered on the platform, the user has the right to notify the platform provider directly, at the contact details or at the email address support@deamedicine.com. The complaint will be resolved within 5 working days.

ART. 16 – CONTACT

(1) If you wish to contact us, you can do so at the email address support@deamedicine.com or by calling the phone number listed in the Contact section of the site.

ART. 17 – LINKS TO OTHER SITES

The platform may provide access links to a third-party site/platform. In this regard, the DEA MEDICINE platform provider is not responsible for the availability and content of the accessed site. In this regard, any person accessing a link on the DEA MEDICINE platform will be subject to the terms of use of the respective site/platform.

This document is valid from 01.12.2021.