DrClinic Terms of Service

These Terms of Service for European Users (“Terms”) constitute a legally binding agreement between you and DrClinic, overseeing your use of DrClinic’s websites, applications, and various services (collectively referred to as the “DrClinic Platform”). In these Terms, references to “DrClinic,” “we,” “us,” or “our” pertain to the DrClinic entity you are engaging with.

The DrClinic Platform is an online space that facilitates members (“Members”) in publishing, offering, seeking, and consulting telemedicine services through video consultations. Members who publish and offer services are termed “Providers,” and those who search, consult, or utilize services are referred to as “Patients.” Providers extend their telemedicine services based on their duly verified professional capabilities. Every Provider must create and maintain an accurate account to access and use many of DrClinic Platform’s features. DrClinic acts only as a facilitator and does not own, manage, or provide any Provider Service(s).

Providers must understand and adhere to all relevant laws, regulations, and third-party agreements applicable to their services.

DrClinic Policy Statement: Investigations, Blood Tests, and Equipment Availability

At DrClinic, we strive to provide a safe, efficient, and high-quality service to all patients. The following policy applies to situations where specific investigations, blood tests, or related equipment are not immediately available at the time of a booked consultation:

Consultation and Service Delivery

• Once a patient has attended and completed a booked consultation with a doctor, the consultation is deemed to have been provided in full.
• During the consultation, if the doctor identifies (or the patient requests) any blood tests, investigations, or procedures that require equipment or supplies not immediately available in the clinic, these will be ordered as soon as reasonably possible.

Ordering and Notification

• DrClinic will arrange for the required blood test kits, equipment, or materials to be delivered in due course.
• The patient will be contacted and informed once the requested investigation can be carried out.

Patient Responsibility

• Patients are encouraged to inquire in advance (by telephone or email) about the availability of specific blood tests or investigations before booking.
• If such an inquiry has not been made, it will be assumed that the patient accepted the consultation as provided, even if some investigations must be scheduled later.

Refund Policy

• As the consultation service has been completed, no refund will be issued in cases where investigations are delayed due to the need to order additional supplies or equipment.
• The patient will remain entitled to have the requested investigations performed once the required items are available.

Patient Terms

Our Commitment

Our mission is to foster seamless and convenient communication between patients and healthcare professionals. DrClinic serves as a platform for users (Patients) to find registered providers (doctors) and request consultations for specific medical needs. We consider our mission fulfilled once a Patient schedules a telemedicine appointment with a Provider (doctor), and we have no role in the consultation or any subsequent medical follow-up.

How to Search and Consult on DrClinic

Searching for Providers: Utilize criteria like the type of service (video consultation, phone consultation) or clinical specialty to search for Provider Services. Filters can be applied to refine results.

Booking Appointments: By scheduling an appointment, you agree to all associated costs (“Total Price”). A contract with the Provider is formed when the consultation is confirmed, including specific rules and policies.

*All provided consultations are non-emergency.

Cancellation Policy and Refunds

Full refunds are available if cancellations are made 72 hours before the appointment. No refunds are given if canceled less than 72 hours in advance. If the Provider cancels, support for rescheduling or a full refund may be provided.

Patient Request Policy:

At DrClinic.ie, we strive to provide high-quality, accessible healthcare to all patients. We understand that some patients may have specific preferences, such as seeing a male or female doctor or requesting a particular service during their consultation.
If a patient has a special request, it is the patient’s responsibility to contact our Support Team via live chat or email prior to booking to confirm whether the requested preference or service can be accommodated.
Please note:

• Once a booking is made, our system automatically allocates the consultation to an available doctor.
• We are unable to make changes to the consultation or accommodate special requests after the booking is confirmed, unless the request was discussed and agreed upon in advance.
• Any preferences noted in the booking form do not guarantee service availability unless they have been explicitly confirmed by our Support Team prior to booking.
  Accordingly, the consultation fee is non-refundable, even if a patient later indicates that their request was not fulfilled, and the service or preference was outside the current scope of our platform at the time of booking

We thank you for your understanding and encourage all patients to clarify their needs with us before confirming an appointment.

Your Responsibilities as a Patient

You are accountable for any actions or omissions that might mislead the clinical evaluation, including providing false information or concealing symptoms.

Medication Management and Consultation Terms

Scope of Medical Guidance

Our platform is dedicated to providing comprehensive healthcare services, including professional medical consultations tailored to your individual health needs. At DrClinic.ie, IMC Registered Doctors offer their expertise to support your well-being. However, it’s important to understand the limitations and scope of the medical guidance available through our platform.

Issuance of Medical Sick Notes

• DrClinic does not issue backdated medical sick notes unless exceptional circumstances are present, as determined by the attending doctor.
• Backdated sick notes exceeding seven days will not be issued without the approval of the Clinical Director.
• A maximum duration of seven days, including weekends, will be covered in any sick note issued by DrClinic.
• There is no charge for sick note requests made during your consultation or within 48 hours of it.
• A €10 fee applies for any sick note requests made after 48 hours have passed since your consultation.

This fee reflects the administrative and clinical time required to process these requests. We appreciate your understanding and cooperation.
For further information, please contact our support team.

Limitations on Medication Guidance

In the interest of patient safety and compliance with regulatory standards, our healthcare providers exercise their professional judgment when advising on medication management. Certain medications may not be recommended due to their nature, requiring close supervision or being subject to strict control by health authorities. These include, but are not limited to:

• Medications necessitating close and careful monitoring (e.g., Lithium)
• Controlled substances (e.g., benzodiazepines)
• Medications identified as potential substances of abuse
• Treatments for ADHD, including stimulants and non-stimulants
• Sleep aids (e.g., Xanax, alprazolam, etc.)
• Opioid pain relievers

This list not limited to only above given medications. *For more detailed information, we encourage you to reach out to us via email prior to scheduling your consultation.

Excluded:

We cannot issue certificates/ reports that require a physical examination, including but not limited to:
As we are not able to perform a physical examination, we cannot safely manage certain conditions, including the following:
We cannot provide blood test referrals for patients to the hospitals listed below. Patients living locally to these hospitals are advised to contact their local GP to request a referral instead:

• Emergency treatment
• Drugs listed as controlled drugs or potential drugs of abuse
• Medications that require close monitoring
• Certain unlicensed medications
• We cannot issue treatment-plan for long-acting reversible contraception (LARCs).

As we are not able to perform a physical examination, we cannot safely manage certain conditions including the following:

• Ear symptoms (including pain, discharge, bleeding, internal itch, and hearing loss).
• Testicular lumps.
• Sudden onset of severe testicular pain.
• Breast lumps.
• Urine infections in children (<16 years), males and pregnant women.
• Children < 1year old with a temperature of more than 38 degrees.

There may be other conditions or situations when it is not safe for us to manage your condition via an online GP video consultation. If this is the case, our doctors will explain the reason for this and discuss your options with you.

Management of mental health concerns:

If your current symptoms are not suitable for us to manage appropriately and safely via a GP video consultation, the doctor may advise that you attend a local GP for follow up. We have a large number of GPs in our service, so you may see a different GP each time, which means the ideal continuity of care will be difficult to achieve.
We are not able to manage/ assess mental health conditions in patients less than 18 years of age.

Repeat Prescriptions & Follow-Up Consultations

DrClinic does not provide repeat prescriptions, prescription reviews, or follow-up consultations unless a new consultation is booked and paid for in full at the standard consultation rate as displayed on our website.If you require:

• A review of an existing prescription
• A renewal of a previous prescription
• A follow-up discussion regarding a prior consultation

You are required to book a new consultation by following the standard booking process and paying the consultation fee as listed on our platform.

Patient Responsibility & Clarifications

Consultation Outcomes and Refund Policy

Please be advised that the outcome of your consultation, including any medical guidance provided, is subject to the professional discretion of your consulting healthcare provider. There may be instances where the recommendation or guidance you seek is not provided, especially if it concerns medications listed above or similar.

*In such cases where specific medication guidance is not provided, please note that refunds for the consultation service cannot be offered. Our commitment is to your health and safety, and our policies are in place to support responsible, ethical, and compliant medical practice. We appreciate your understanding and cooperation in adhering to these terms to ensure a safe and effective healthcare experience on our platform.

If a patient books a consultation, the fee is non-refundable even if the requested treatment, referral, or service is not provided. The decision regarding the provision of treatment, referral, or service rests solely with the attending doctor.

• It is the responsibility of the patient to confirm any specific requests with the DrClinic Support Team before booking a consultation.
• Refunds are only applicable to patients who fall under the criteria outlined in the Refund Policy section.
• Refund requests will not be honored solely because a specific treatment, referral, or service was not provided as per the patient’s request.

For further information or clarification regarding these terms, please contact DrClinic Support.

Provider Terms & Conditions

Offering Clinical Services via DrClinic

Becoming a Provider: DrClinic enables qualified Providers to conduct Phone/Video medical consultations. Registration involves an application and adherence to Legal regulations, including pricing.

Patient Contracts: Appointments create a direct contract with the Patient. DrClinic’s service fee is 30% under the consultation price.

Independent Provider Relationship: Providers are independent entities, not employees or partners of DrClinic, except for payment collection purposes. DrClinic does not control Provider Services.

Provider Responsibilities

Legal Compliance: Providers must comply with all laws and regulations relevant to their services.

Ethical Conduct: Providers are responsible for their actions and must not encourage any misconduct outside/inside the DrClinic Platform.

Handling Cancellations and Modifications

Cancellation Policies: Cancellations by Patients or Providers are subject to specific policies and potential fees.

Modifying Appointments: Both Providers and Patients are accountable for any appointment changes, including additional costs.

Tax Obligations

Provider Taxes: Providers must comply with all tax regulations, including VAT or other indirect taxes.

Tax Documentation: Tax laws may require DrClinic to collect and report tax information, withhold taxes, or both.

General Terms & Conditions

Feedback and Comments

After each service, Patients may leave comments for the Provider. Comments must be truthful and free from discriminatory or offensive language. DrClinic does not verify comments for accuracy.

Identity Verification:

DrClinic and its affiliated medical practitioners reserve the right to request government-issued photo identification from patients at any time, for the purpose of verifying identity and ensuring compliance with applicable laws and regulations.

Failure to provide valid identification upon request may result in the immediate cancellation of the consultation. In such cases, no refund shall be issued, and no prescription or any other relevant document will be issued.

User-Generated Content

Providing and Licensing Content to DrClinic: Parts of the DrClinic Platform enable you to submit feedback, text, photos, audio, video, information, and other materials (“Content”). By submitting Content in any form or medium, you grant DrClinic a non-exclusive, global, royalty-free, sublicensable, and transferable license to access, utilize, store, copy, modify, create derivative works from, distribute, publish, transmit, stream, broadcast, and otherwise exploit such Content. This is for the purpose of delivering and/or promoting the DrClinic Platform across known or unknown mediums, including the Internet and social networks. If the Content includes personal information, its use must comply with relevant data protection laws, as outlined in our Privacy Policy. DrClinic may own Content if it pays for or facilitates its creation, with supplemental terms provided as needed. You, as the User, are solely responsible for your Content, assuring ownership or authorization to grant DrClinic the described rights, and ensuring it does not violate intellectual property or privacy rights. The Content must adhere to our Non-Discrimination Policy, which prohibits discriminatory, obscene, harassing, deceptive, violent, and illegal content. DrClinic may use automated services or tools for translating Content, but accuracy of quality is not guaranteed. Members must verify such translations.

Pricing Structure

Fees and Taxes for DrClinic Platform Usage: DrClinic may charge fees (and applicable Taxes) to Providers and Patients for using the DrClinic Platform. Service fees are non-refundable unless otherwise stated. DrClinic reserves the right to modify the service fees, providing Members with advance notice of changes. Fee alterations will not affect consultations made before the effective date. If you disagree with a fee change, you may terminate this agreement at any time.

Platform Usage Guidelines

Guidelines and Responsibilities

• Integrity and Respect: Act with honesty and show respect.
• Communication Etiquette: Be polite and respectful in interactions.
• Compliance with Non-Discrimination Policy: Do not discriminate or harass others.
• Prohibited Technical Activities: Including scraping, hacking, using bots, etc.
• Content and Information Usage Restrictions: Includes rules on using Content, Members’ personal information, and DrClinic’s branding.
• Legal Compliance: Abide by applicable laws, including privacy, data protection, and intellectual property.

Reporting Violations

If you suspect a violation of these Terms by a Member, Service, or Content, report your concerns to DrClinic.

Copyright Infringement Notifications

If you believe that Content on the DrClinic Platform infringes copyright, you must notify us.

Termination, Suspension, and Other Measures

Duration of Agreement

The agreement reflected by these Terms remains valid until terminated by you or DrClinic as per these Terms.

Termination Process

You may terminate at any time, and DrClinic may terminate with 30 days’ notice or immediately for reasons including substantial violations of Terms, applicable laws, or to

protect safety or property.

Actions for Member Violations

If you violate Terms, laws, receive bad Comments, etc., DrClinic may take actions including suspending or limiting access, removing Content, cancelling appointments, or revoking special status.

Compliance with Legal Requirements

DrClinic will comply with applicable law and governmental orders or requests.

Consequences of Termination

Details the implications for Providers and Patients when an account is closed or agreement is terminated.

Appeal Procedure

If DrClinic takes actions, you may appeal the decision by contacting our customer service.

Modification of Existing Terms

DrClinic reserves the right to alter these Terms at its discretion. When changes are made, we’ll publish the updated Terms on the DrClinic Platform, noting the “Last Updated” date at the top. Additionally, we’ll notify you of proposed changes via email at least thirty (30) days before they become effective. Should you disagree with the changes, you may terminate this agreement immediately as outlined in these Terms. You’ll be informed of your right to termination in the email notification. By continuing to access or use the DrClinic Platform after the revised Terms’ effective date, you consent to these updated Terms.

DrClinic’s Functionality

DrClinic offers a platform that enables Members to publish, offer, search, and consult Provider Services. When Members engage in or accept a telemedicine consultation, they form a contract between themselves. DrClinic neither becomes a party nor takes part in any contractual relationships between Members, except when acting as a billing agent. Although we strive for excellent experiences, we don’t control or guarantee aspects such as the existence, quality, safety, legality of Provider Services, or the accuracy of User descriptions. Our actions in operating and improving the platform, including content management, are also outlined, and we stipulate the level of cooperation expected from Members.

Managing Member Accounts

To utilize many features of the DrClinic Platform, you must register an account, following the outlined age and legal requirements. It’s essential to provide accurate information, maintain only one account, and ensure its security. You bear responsibility for activities conducted through your account, unless unauthorized and reported promptly. We describe our rights and obligations related to account verification and identity checks.

Legal Disclaimer

DrClinic doesn’t endorse or guarantee aspects related to Patients, Providers, or third-party services. Details about verification, responsibility for interruptions or interference, and temporary access limitations to the platform for various reasons are also provided.

Liability Limitations

DrClinic’s liability is detailed, clarifying the conditions under which we may be held responsible and the extent of our obligations in various circumstances.

Indemnification Requirements

You agree to release, defend, and indemnify DrClinic according to specific conditions, such as your breach of these Terms or misuse of the platform, interaction with Members, failure to report Taxes, or violation of legal rights.

Contractual Entities

The section outlines the specific DrClinic entity with whom you are entering into a contract, based on your country of residence or establishment, and how it may change with changes in your location.

Governing Law and Legal Jurisdiction

These Terms are governed by Irish law, with considerations for consumers’ protections and choices of jurisdiction, depending on whether you are a consumer or a business. Details about the applicable courts and jurisdictions are provided in line with DrClinic’s headquarters in Ireland and adherence to Irish laws.

Miscellaneous Provisions

Agreement Understanding

These Terms, together with any supplementary terms, conditions, policies, guidelines, standards, and disclosures, compose the entire agreement between you and DrClinic regarding your access to or use of the DrClinic Platform. This agreement supersedes all previous understandings or contracts, whether verbal or written, between you and DrClinic. These Terms are not intended to provide rights or remedies to any entity other than you and DrClinic.

Enforcement and Waiver

Failure by DrClinic to enforce any right or provision under these Terms does not signify a waiver of such right or provision unless acknowledged and accepted by us in writing. Utilizing any remedies under these Terms does not inhibit the application of other remedies, as provided herein or by law.

Transfer and Assignment

You cannot assign, transfer, or delegate this Agreement or any rights or obligations herein without DrClinic’s prior written consent. DrClinic may freely assign, transfer, or delegate this agreement and its rights and obligations, providing 30 days’ written notice to you. Your right to terminate this Agreement under Section 13.2 remains unaffected.

Communication and Notices

Unless otherwise stated, any notices or communications to Members permitted or required under this Agreement will be provided digitally and sent by DrClinic through email, platform notifications, messaging service, or other authorized contact methods.

Links to Third-Party Services

The DrClinic Platform may include links to third-party websites, applications, services, or resources that operate under different terms and privacy practices. DrClinic bears no responsibility for these Third-Party Services, and such links are not an endorsement.

Translation Services by Google

Translations on the DrClinic Platform may be performed using Google technology. Google disclaims all warranties related to the translations, including accuracy, reliability, merchantability, fitness for a particular purpose, and non-infringement.

23.7 Apple Store Terms

By accessing or downloading our application from the Apple App Store, you agree to the Apple Licensed Application End User License Agreement.

Intellectual Property and Content Usage

Content available through the DrClinic Platform may be protected by intellectual property laws. You must not infringe these rights and must comply with the licensing terms as stated herein for your personal, non-commercial use.

Force Majeure

DrClinic shall not be held accountable for delays or failures in performance resulting from circumstances beyond its reasonable control, such as natural disasters, war, terrorism, civil or military actions, strikes, or shortages of essential resources.

Communication Preferences for Emails and SMS

You will receive necessary administrative and promotional communications from DrClinic using your provided contact information. Your subscription preferences and account settings allow you to control these communications, but note that opting out may affect your eligibility for certain promotions or benefits.