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TERMS OF USE

Introduction

Welcome to Daqatra mobile health service (the “Service”). The Service is a mobile health service that provides a chat and live video connection to a physician (the “Medical Session(s)”).
The Service is offered by Daqatra (E-Med on demand international AB) (“we”, “us”, “our”) and our network of licensed medical professionals (“Medical Professional(s)”). All Medical Sessions are provided by licensed medical professionals. We help you access them through the Service.

THE SERVICE IS NOT UNDER ANY CIRCUMSTANCES INTENDED TO BE USED FOR MEDICAL EMERGENCIES OR URGENT SITUATIONS. IF YOU THINK YOU HAVE A MEDICAL OR PSYCHIATRIC EMERGENCY, PLEASE IMMEDIATELY CALL THE APPLICABLE EMERGENCY LISTING IN THE COUNTRY WHERE YOU ARE OR GO TO THE EMERGENCY CARE FACILITY IN A HOSPITAL NEAR YOU.
The Service is intended for consulting health care professionals and getting treatment assessments. Your Medical Professional may prescribe a private prescription for medicine to you or to an agreed pharmacy if needed. You commit to contact your own doctor in the event that your health deteriorates or symptoms continue or get worse.
In order to access and use the service requires that your identity can be ensured by us on a safe and reliable manner. We reserve the right to refuse access to the Service, including Care Meetings, if we consider that we can not verify your identity in a safe and reliable manner.
These terms of use (collectively the “Terms”) set forth the legally binding terms and conditions which are applicable to your use of the Service, however accessed and/or used, whether via personal computers, mobile devices or otherwise. Please be reminded that the Terms constitute an agreement between you and us and define the rights and responsibilities that you and us have with respect to the Service.
It is important that you read and understand the Terms. By registering with the Service and/or by installing, accessing or using the Service (including any software or application forming part of the Service) you confirm that you have read and understood the Terms and any other documents referred to herein, including without limitation our Privacy Policy, and that you agree to be bound by these Terms.
You represent and warrant that you have the right, authority and capacity to accept these Terms and to abide by them and that you have fully read and understood the Terms without any impairment in judgment resulting from (but not limited to) mental illness, intoxication, medication, or any other health or other problem that could impair judgment. Your use of the Service constitutes your acceptance of the Terms. Consequently, if you do not accept or understand the Terms, please do not use, install, access or register with the Service (including any software or application forming part of the Service).
If your agreement to these Terms is required in connection with or after the installation process of any software or application forming part of the Service and you do not agree to these Terms, you are not entitled to use the respective software or the application and please promptly uninstall and delete all copies thereof.
From time to time, we may modify or amend the Terms. We recommend that you review the current version of the Terms on a regular basis. If you continue to use the Service after the Terms have been modified or amended, you accept any such change or modification.
If you have any questions about these Terms or our Privacy Policy or our Patient Data Privacy Policy, please see our contact information on the last page of these Terms.

Registration, eligibility, medical sessions, pricing, payment
Use of the Service is subject to prior registration and your continued compliance with these Terms. You must be at least eighteen (18) years of age to register to use and to use the Service. You can also sign up for and use the service if you are over sixteen (16) years, provided that you have the legal guardian consent to such use.

The Service is intended solely for your personal use. However, you can also use the service on your child’s behalf through your own account if your child is under sixteen (16) years. Children over sixteen (16) years of age must use their own account in accordance with what has been stated above. Daqatra not responsible for any misuse of an account or damage that may arise from such abuse.
Moreover, you represent and warrant that you will use the Service in compliance with any and all applicable laws and regulations. Use of the Service is unauthorized in any jurisdiction where the Service or any part of it may violate any laws or regulations. You agree not to access or use the Service in such jurisdictions. You agree not to provide inaccurate, misleading or false information in connection with your use of the Service. If information you have provided to us subsequently becomes inaccurate, misleading or false, you will promptly notify us of such change.

We reserve the right to require our prior or later acceptance for registration. We have a right to refuse the registration for any reason. Registration can be limited, for example, in terms of territory.
Medical Sessions through the Service shall be subject to a fee charged by the applicable Medical Professional (the “Fee”). The Fee may be amended from time and the currently valid Fee will always be indicated in the Service prior to your access to a Medical Session.
The approximate length of each Medical Session is fifteen (15) minutes; however, the exact length may vary and you won’t be eligible for any prorated refund of any portion of the Fee or other applicable fees paid in the event that the Medical Session lasts for less than fifteen (15) minutes. If the video connection for some reason fails to be established or is interrupted, the Fee will not be charged from you. If the Service is busy, remaining on the line is free of charge.
By using the Service you agree to pay all the fees associated with your use of the Service. You also give your authorization to charge you for any sales or similar taxes that may be imposed on your fees. Applicable Fees will be charged from you and payments will become due upon any Medical Sessions, and you give your authorization to charge you using the payment method(s) available in the Service (the “Designated Payment Method”).
You agree and acknowledge that any billing errors or mistakes that may have been made can be corrected even if the payment has already been requested or received from you. The terms of your payment will be based on your Designated Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of the Designated Payment Method.
You acknowledge and agree that the provision of the Service subject to the Fee commences immediately upon the commencement of the Medical Session. You are responsible for providing valid credit or debit card details and in doing so you are authorising us to take payment in full for the Service and warrant that you are authorised to use the card.
Please note that the use of the Service requires access to the internet, which may be subject to additional fees charged by your operator.

Patient records
Patient records shall be drafted, stored, disclosed and be kept confidential in accordance with applicable legislation and the Privacy Policy and the Patient Data Privacy Policy.

Intellectual property
These Terms confer only the right to use the Service while these Terms and the specified license(s) are in effect and they do not convey any rights of ownership in or to the Service. All right, title and interest, including without limitation any copyright, patent, trade secret or other intellectual property right in the Service will remain our sole property. Any services provided to you under these Terms, and other data or materials that are prepared in the performance of such services hereunder, and all right, title and interest in the foregoing, will belong to us.

Services provided by third parties
The Service can forward information from third party services or provide links to such services. We are not responsible for third party services, information provided by them, their actions, or omissions.

Prohibited activities
The list below contains examples of behaviours that are prohibited in the Service:accessing our website or use the Service in an unlawful or unauthorised way or for any unlawful purpose:

  • accessing our website or use the Service in an unlawful or unauthorised way or for any unlawful purpose;
  • transmission of any data, materials, content or information which is libellous, defamatory, obscene, fraudulent, false or contrary to the ownership or intellectual property rights of any other person, or otherwise unlawful;
  • transmission of viruses, malware, or other malicious code in the Service;
  • modification, reverse-engineering, or other manipulation of the Service; and
  • interfering with, or disrupting, the Service.

In order to ensure the integrity of the Service, we reserve the right at any time in our sole discretion to block users from certain IP addresses from accessing the Service.

Privacy and security
Your privacy and the protection of personal data about you are very important to us. For a detailed description of how we collect and use personal data about you, please see our Privacy Policy and familiarize yourself with the choices you can make about the way in which we collect and use personal data about you.

In addition to what is stated in the Privacy Policy and our Patient Data Privacy Policy, you agree not to provide any false personal data to us or create any user account for anyone other than yourself.
Moreover, by using the Service, you consent and agree to the collection and use of certain information about you and your use of the Service in accordance with our Privacy Policy and our Patient Data Privacy Policy and applicable laws and regulations related to personal data.
You are responsible for the security of your own devices, systems, credentials, and actions. Please be reminded that you must protect any passwords or other credentials associated with your account for the Service, and take full responsibility for any use of the account under your password.

Limitation of liability
Your access to and use of the Service is at your own risk. You understand and agree that the Service is provided to you on an “AS IS” and “AS AVAILABLE” basis.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, IMPROPER DIAGNOSIS, INACCURATE INFORMATION, IMPROPER TREATMENT, LOSS OF DATA, LOSS OF USE, LOSS OF ANTICIPATED SAVINGS; ACCRUED BUT WASTED EXPENDITURE; COST OF PROCUREMENT OF SUBSTITUE GOODS OR SERVICES, LOSS OF GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (iii) ANY CONTENT AND/OR INFORMATION OBTAINED FROM THE SERVICE OR RELIANCE UPON THE SERVICE OR THE ANY PART THEREOF, INCLUDING THE MEDICAL SESSIONS; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF ANY MATERIAL OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE KNEW OF OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT APPLICABLE IN EACH PATSIENTSKADELAG (1996: 799) IS APPLICABLE, PATIENT INJURIES OR REPLACED IN ACCORDANCE WITH THE SAID ACT.

Indemnity
You agree to indemnify and hold us harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of your breach of these Terms, or your violation of any law or the rights of a third party. Nothing in these Terms shall be deemed to exclude or limit your liability in respect of any indemnity given by you under these Terms.

Waiver and severability
Our failure to exercise any rights under these Terms shall not constitute or be deemed a waiver or forfeiture of such rights or a waiver or forfeiture of such rights in the future. In the event that any provision of these Terms is held to be invalid or unenforceable by a court or tribunal of competent jurisdiction for any reason, the remaining provisions of these Terms will remain in full force and effect to the fullest extent possible.

Governing law and resolution of disputes
You agree that these Terms and all disputes, claims or controversies claims that arise between you and Daqatra in connection with or in any way related to these Terms and Conditions are governed by Swedish law and shall be settled by a Swedish court. You agree that the courts of Sweden shall have exclusive jurisdiction and you hereby waive any and all disputes of jurisdiction, place, or inconvenient forum regarding those courts.

If a patient using the service are dissatisfied with the service he received the patient can bring a complaint to the person who is accountable for the service or lodge a complaint to the relevant regulatory authority in accordance with the prevailing Patient Safety Act (2010: 659). To the extent applicable in each patientskadelag (1996: 799) is applicable, the provisions of that Act applies.

Term and termination
We do not guarantee that the Service will always be available or be uninterrupted. We will not be liable to you if for any reason the Service is unavailable at any time or for any period. We reserve the right to discontinue offering the Service or to modify the Service at any time in our sole discretion and without notice. Notwithstanding anything contained in these Terms to the contrary, we may also, in our sole discretion, terminate or suspend your access to the Service and/or your user account at any time. Following termination, all such terms that by their nature may survive termination of these Terms shall be deemed to survive such termination.

Contact
The Service is operated and provided by E-Med on demand International AB. If you have any questions about these Terms, please contact us at support@Daqatra.com.