Terms and conditions

  1. Introduction

This document presents the terms for the access and use of telemedica, (hereinafter referred to as telemedica), a SaaS (Software as a Service) application, provided “as is” and managed by High-Tech Systems & Software SRL, a limited liability company, operating under the terms of Romanian Law, with registered office in Bucharest, Sector 1, Bucreștii Noi Boulevard, no. 25A, registered with the Trade Registry Office under no. J40/4847/2012, with Tax Identification Number 30126940 (hereinafter referred to as the Company).

With the telemedicine software, telemedica by HTSS, patients can access medical services from any device, at any time, for added flexibility and efficiency.

In the telemedicine platform one can find all the medical services patients need, just a click away.

As a medical doctor, you enjoy an integrated app that allows you to make consultations anytime, anywhere. With a telemedicine solution you optimize your medical appointments and your work, while maintaining a high level of service quality.

Access to telemedica is available for a periodic fee that a Client must pay to use telemedica functions and services. Based on a contract with the Company, the Customer may take advantage of one or more of the telemedica features.

The Company has the right to modify the content of this document at any time, while the last updated version thereof can be accessed at all times through the dedicated section, with the currently enforceable version hereof being the one published on telemedica at the reporting date. If anyone does not agree with the modification of the Terms and Conditions of Use, they may at any time cease using telemedica. Continued use of telemedica after modification of the Terms and Conditions shall lead to implicit acceptance of said modified Terms and Conditions.

Any reference to the singular includes the plural and vice versa.

  1. Definitions
  2. Customer: a legal entity wishing to benefit from the telemedica features for a fee; details of charges and billing are detailed below.
  3. Customer representative: Customer representative with administration rights in telemedica, who can add, edit and manage data related to the organisation, its divisions, locations, employees, work schedule, or can create and add users, etc.
  4. User(s): employee(s) of the Customer for whom the Customer’s Representative has created an account on telemedica. User access to telemedica depends on the relationship between the Client and the User and the role of the User in the organisation (director, manager, employee, etc.).
  5. Profile: section of the telemedica that allows Client Representatives and Users to access, modify, update their personal and professional data. Access to all features of the Profile Sections may be restricted to some Users, depending on the User’s role in the organisation.
  6. Contract with the Company: the agreement for the use of telemedica entered into between the Client and the Company. The Customer enters into a legally binding agreement with the Company in accordance with Terms and Conditions herein to access and benefit from the telemedica features (“Services”).
  7. Services: all telemedica features that the Company may now or in the future make available to their Customers, including but not limited to adding, editing, deleting information relating to the Customer’s organization and/or its employees/collaborators/employees/associates, etc. (hereinafter referred to as “Personnel”).

Depending on the type of access, some Services may not be available to the Customer or certain Users and/or Customer Representatives.

  1. Notifications/Alerts: means of regular and exclusively electronic information about the Services (i.e. e-mail, dedicated telemedica section), other Company advertising messages or any other notifications that may be of interest to Customers. Preferences regarding Notifications are made by accessing the options provided in the dedicated section or by contacting the Company at the following e-mail address: office@htss.ro. Unsubscribing from receiving such Notifications shall not be deemed as a waiver of the Terms and Conditions herein.
  2. Feedback: An evaluation based on personal experience with telemedica, submitted by the Customer or their Representative, or by the User via e-mail or via the dedicated section in telemedica.
  3. Personal Data: personal data provided by the Customer Representative and/or User when using telemedica and related Services, processed in accordance with the Privacy Policy.
  4. Misuse: the use of telemedica in a manner contrary to the telemedica rules, industry practices, regulations and legislation in force or in any other manner that may cause harm to the Company and/or their collaborators and/or other Clients, Client Representatives and/or Users. In addition to the termination of the Contract, such an abusive use may entail the civil or criminal liability of the person/persons responsible. Misuse includes any use of telemedica in a manner inconsistent with the applicable law, any postings of obscene, defamatory, threatening or malicious feedback/messages in relation to the Company as well as any materials or information prohibited under the law.

III. General Access

  1. Telemedica is a paid Business to Business (B2B) service, accessible from most electronic devices that have a web browser and a stable internet connection, and is also accessible as a mobile app on mobile devices running on Android or iOS.
  1. Access to telemedica and related Services is granted only to those Customers who meet the requirements outlined by the Company in their documentation. Once a Customer gains access to telemedica, they must create an account using the details of the Customer’s Representative, who will be able to add Users and set their access rights.

 

  1. Conditions for the Customer
  2. To become a Customer, an organisation must comply with the following conditions:
  3. a) be a legally registered entity that can provide proof of registration with the national authorities, as well as proof that they hold all necessary authorisations for their activities, if requested;
  4. b) pay the required fees as described hereunder and as agreed with the Company;
  5. c) use a device capable of running telemedica;
  6. d) read and accept the Terms and Conditions, the Privacy Policy and the Cookie Policy applicable to telemedica. Failure to accept results in the inability to use telemedica;
  7. e) provide true data upon registration and act in good faith in dealing with the Company;
  8. In order to be a Customer of telemedica, an organisation must follow the following steps:
  9. a) Pay the fees as instructed in this document and as agreed with the Company and appoint a Representative who will register with telemedica;
  10. b) Register with telemedica once informed that registration is possible. The registration procedure consists of filling in the data requested by the telemedica, creating a password and confirming the account (by e-mail).

The following personal data are required for registration:

(i) e-mail address;

(ii) name and surname;

(iii) position within the Client’s organisation;

  1. c) The Company has the right to request additional information or personal data so as to ensure that a Customer meets the membership criteria.

Fees and Billing

  1. As telemedica is a B2B service, any related Services are made available for a fee, the amount of which depends on the type of access requested by the Customer (the Fee). The Company and the Customer will determine the type of access, the applicable Rate, the terms and conditions of invoicing and payment by entering into a separate agreement.

Termination of telemedica access:

  1. The Agreement may be terminated at any time: (i) by mutual agreement; (ii) due to unpaid Rates and any other additional charges within the payment term; iii) breach of the Agreement, these Terms and Conditions and/or the Privacy Policy; (iv) at the Company’s option, subject to a 30-day notice period.
  2. Telemedica Rules
  3. Permitted Rules: You agree that:
  • You will comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, labor laws and regulatory requirements.
  • You will provide accurate information and keep same up to date.
  • You will use real data on the organisation and Personnel; and
  • You will use the Services in a professional manner and conduct yourself in a fair and civil manner towards other participants in telemedica.
  1. Unpermitted Rules: You agree that:
  • You will not create a false identity on telemedica, misrepresent your identity, or create a profile for anyone other than yourself (as a real person) or the Users/Organization Personnel, if authorized, and you will not use or attempt to use another person’s account;
  • You will not use telemedica and any related Services to circumvent the applicable laws regarding Personnel and related personal data (e.g., force Personnel to take unwanted/illegal actions; use the Services to avoid paying bonuses or to make it difficult/impossible for the Personnel to meet their goals/targets; exercise improper control over the Personnel and/or employees’ personal data, etc.);
  • You will not develop, support or use software, devices, scripts, robots or any other means or processes (including crawlers, browser plug-ins and add-ons or any other technology) for the collection (scraping) of the Services or otherwise copy any profiles and other data related to said Services.
  • You will not copy, use, disclose or distribute any information obtained from accessing the Services, either directly or through third parties (such as search engines), without telemedica‘s consent;
  • You will not infringe the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets or other proprietary rights; – You will not infringe telemedica‘s intellectual property or other rights, including, without limitation, (i) copying or distributing the Services or (ii) copying or distributing our technology, unless it is released under open-source licenses.
  • You will not post content with viruses or worms or any other harmful code.
  • You will not imply or state that you are affiliated with or endorsed by telemedica without the express consent of the Company (e.g., representing yourself as an accredited telemedica representative).
  • You will not rent, lease, loan, trade, sell/resell or otherwise monetize the Services or related data or access thereto without the Company’s consent.
  • You will not create links to secondary pages (deeplinking) to features and content available on telemedica without the Company’s consent.
  • You will not use bots or other automated methods to access the Services, add or download contacts, send or forward messages.
  • You will not monitor the availability, performance or functionality of the Services for any competitive purposes.
  • You will not overlay or otherwise alter the Services or their appearance (such as insertion of items into the Services or removing, covering or hiding an
  • advertisement contained in the Services);
  • You will not interfere with the operation of the Services or overload the Services (e.g., spam, denial of service attacks, viruses, harmful algorithms);
  1. Intellectual Property Rights

 

  1. THE COMPANY DOES NOT HAVE ACCESS TO THE DATA UPLOADED TO TELEMEDICA , ANY INTERVENTION FOR THE PURPOSE OF THE SERVICES WILL BE MADE ONLY IF PERMITTED BY THE CUSTOMER.
  2. NO content existing on telemedica may be downloaded without the prior consent of telemedica, with the exception of the content owned by the Client regarding their organisation and Staff (tables with commercial data, names, Staff positions, business forecasts, etc.).
  3. You acknowledge and agree that Telemedica may contain content or features that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights and laws. Except as expressly authorized by the Company, you agree not to modify, copy, duplicate, collect, rent, lease, loan, sell, distribute or create derivative works based on the telemedica, including any components of the content thereof, in whole or in part, except as the above-mentioned circumstances strictly apply to the Customer’s own content that they lawfully upload to telemedica.
  4. You will not engage in or use data mining, bots, scraping or similar data gathering or extraction methods. If access to the telemedica is blocked by the Company (including by blocking the IP address), you agree not to implement any measures to avoid such blocking (e.g. by masking the IP address or using a proxy IP address).
  5. Any use of telemedica other than as specifically authorized herein is strictly prohibited. The technology and software underlying telemedica or distributed in connection with telemedica are the property of the Company, their affiliates and partners. You agree not to copy, modify, create derivative works from, reproduce, attempt to learn the source code of, sell, assign, sublicense or otherwise transfer any rights you have in telemedica. Any rights not expressly granted herein are reserved to the Company.
  6. The Company’s name and logos are brand names and registered trademarks of the Company. Other Company’s products and service names and logos used and displayed through telemedica may be trademarks or registered trademarks of their respective owners who may or may not endorse or be affiliated or connected with the Company. Nothing contained in the Terms and Conditions herein or in telemedica shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Company’s trademarks displayed on telemedica without the prior written permission in each case. All goodwill generated from the use of the Company’s trademarks shall inure to the exclusive benefit of the Company.
  7. Under no circumstances shall the Company be liable in any way for the content or materials of any third party (including Customers, Customer Representatives, Users), including, but not limited to, for any errors or omissions in the content or for any loss or damage of any kind incurred as a result of the use of such content. You agree that they must evaluate and bear all risks associated with the use of said content, including reliance on the accuracy, completeness or usefulness of such content.
  8. With respect to content or other materials uploaded via telemedica or shared with others, you represent and warrant that you own any and all rights, titles and interests in and to such content, including, without limitation, any and all copyright and publicity rights therein.
  9. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about telemedica provided to the Company are non-confidential, and the Company shall be entitled to unrestricted use and dissemination thereof for any purpose, commercial or otherwise, without any prior notice or compensation in respect thereof.
  10. Protection of Personal Data
    1. Any processing of personal data shall be carried out in accordance with the legal provisions in force, in the manner and through the means set out in the Privacy Policy.

VII. Assignment and subcontracting

  1. The Company may assign to and/or subcontract to any third party, any of the telemedica Services without your consent.

VII. Confidentiality  

1.The Company will maintain the confidentiality of any information they receive, except as provided in the Terms and Conditions hereunder. Disclosure of any exchanged information may only be made under the conditions stated herein.

  1. No public statement, promotion act, press release or any other disclosure to third parties will be made by you in relation to telemedica and your contractual relationship with the Company without the Company’s prior written consent.

 

  1. Force Majeure
  2. Neither Party shall be liable for partial or total non-performance or delay in performance of their obligations when such non-performance or delay was caused by a force majeure event.

2.The Party invoking force majeure shall inform the other Party in writing within a maximum of 15 (fifteen) days from the date of the occurrence of the force majeure event and shall be obligated to take the necessary measures to limit the effects thereof, unless such measures are very costly.

3.The Party claiming force majeure shall also notify the other Party of the termination of the force majeure event within five (5) days of such termination.

  1. If the force majeure lasts for more than 15 calendar days, either Party hereto may terminate the contract, by written notice to the other Party, without the intervention of the court and without any obligation to pay compensation in this respect.
  2. For the avoidance of any doubt, any payment obligations arising from the use of telemedica shall not be affected by force majeure.
  3. Representations and limitation of liability
  4. The Company declares that they have all the necessary authorisations, approvals, qualifications and experience to run and provide telemedica services.
  5. By using telemedica, you express your choice and trust in the Company and the services provided by the Company.
  6. You must ensure that your devices meet the specifications required for telemedica operation, all costs involved being borne by you (i.e. compatible devices, active internet connection, etc.).
  7. Under no circumstances may telemedica be used for purposes other than those mentioned herein. You understand and agree that you will not interfere in any way with telemedica in order to make unauthorised modifications/changes, and that you will be fully liable for any damage caused in the event of any breach in this respect.
  8. The Company will constantly update the relevant information for Customers/Customer Representatives and Users.
  9. You understand that the Company has no obligation to verify and act and shall not be responsible for:
  • the accuracy or truthfulness of the data you declared,
  • the content that is published/accessed through telemedica,
  • the effects of telemedica on any person using telemedica, including the Customer and their branches or Personnel,
  • the interpretation or use given to telemedica content,
  • actions taken by Clients/Client Representatives/Users as a result of accessing telemedica
  1. telemedica is available “as is“, “with all faults included” and “as available“. The Company makes no express or implied warranties about telemedica. telemedica is not warranted in any way, including warranties of merchantability, satisfactory quality and reliability for any particular purpose or need.
  2. You understand that access to telemedica may cease or be subject to change, and that the Company shall have no liability in such event.
  3. The Company assumes no responsibility for telemedica outages due to upgrades, maintenance, lack of internet or other scenarios in which telemedica cannot be accessed for reasons beyond the Company’s control. Nothing contained herein shall be construed as a commitment by the Company to a 100% telemedica functionality at all times.
  4. The Company shall not be liable for any loss suffered by any person using telemedica nor for any indirect, special, incidental damages resulting from the use of or inability to use telemedica.
  5. For the avoidance of any doubt, the Company shall not be liable for any indirect loss or damage (including but not limited to loss of profit or opportunity), damages of any kind, costs, expenses or claims for consequential damages (howsoever caused) which you or any third party may suffer as a result of or in connection with the performance by the Company of any of their obligations as well as for any damages resulting from the use of telemedica. You agree to hold harmless and indemnify or hold harmless the Company and their affiliates, officers, employees, directors and agents from and against any loss, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injuries (including death) arising out of or in connection with the use of telemedica, any user-generated content, their connection to telemedica, violation of the Terms and Conditions herein or the violation of any rights of another.
  6. By using telemedica you assume responsibility for maintaining the confidentiality of your data and your users’ data (username and password) and for managing access to telemedica and, to the extent permitted by applicable law, you are responsible for the activity conducted within telemedica app. You will notify the Company immediately if you become aware of any breach or attempt to access your account without consent.
  7. Dispute Resolution
  8. The use of telemedica, the conclusion, execution and termination of the contract are governed by the Romanian law, which is supplemented, where necessary, by the applicable European law.
  9. Any dispute arising from the use of telemedica shall be settled amicably, on the basis of supporting documents. If the Parties hereto do not reach an agreement, within a maximum of 60 days from the litigation commencement date, the dispute will be definitively settled by the competent Romanian courts in the jurisdiction of which the Company’s registered office is located.

XII. Fraudulent actions

ANY ATTEMPT TO ACCESS THE PERSONAL DATA OF OTHER TELEMEDICA USERS OR TO MODIFY THE CONTENT OF TELEMEDICA OR TO AFFECT THE PERFORMANCE OF THE SERVER ON WHICH TELEMEDICA OPERATES WILL BE CONSIDERED A FRAUDULENT ACCOUNT AND WILL LEAD TO THE INITIATION OF LEGAL ACTION AGAINST THOSE RESPONSIBLE.