TERMS AND CONDITIONS OF USE FOR DOCDIALY SERVICE
www.docdialy.com
Preamble
The User is asked to read these Terms and Conditions of Use and our Privacy Policy carefully before using our services.
These Terms and Conditions constitute an agreement between DOCDIALY Morocco, in its capacity as Publisher of the "www.docdialy.com" platform, and the "User".
This Agreement between "DOCDIALY Morocco", Publisher of the "www.docdialy.com" platform, and the User sets out the terms and conditions of use of the "www.docdialy.com" platform and all related products and/or services.
The User is asked to refrain from creating an account if he or she has any reservations about these General Terms and Conditions.
On the other hand, if reservations arise after subscription, the User is asked to cease use of the services provided by the "www.docdialy.com" platform and to delete his account on the platform.
This subsequent cessation will be at the User's own risk, and in compliance with the Terms and Conditions of Use, and, where applicable, the General Terms and Conditions of Business and the conditions of confidentiality.
Under these Terms and Conditions of Use, the following terms are defined:
· The Platform is the electronic support "www.docdialy.com" enabling the management and/or use of services, products and functionalities offered by the Publisher;
· The User is any natural person who uses the services, products and functionalities of the "www.docdialy.com" platform. This could be a healthcare professional or a patient;
· Teleconsultation refers to the online consultation service provided by the Healthcare Professional to the patient, via the "www.docdialy.com" platform;
· Healthcare Professionals and/or Practitioners refer to the healthcare providers involved in the care of patients while using the platform. This could include general practitioners, specialists, radiologists, nurses or any other healthcare practitioner;
· The Patient refers to any natural person who uses the "www.docdialy.com" platform to make an appointment with the Healthcare Professional for an office or home consultation, or for a teleconsultation.
ARTICLE 1 : OBJECT
The purpose of these General Terms and Conditions of Use is to provide a legal framework for the use of the "www.docdialy.com" platform, which connects Patients and Healthcare Professionals.
The Platform enables Patients to make an appointment with the doctor of their choice for an in-office consultation, a home consultation or a remote teleconsultation.
These Terms and Conditions are validly accepted as a contract between :
- the manager of the DOCDIALY Morocco website, designated hereafter as the "Publisher",
- and any individual or legal entity wishing to access the site and its services, hereinafter referred to as the "User".
These Terms and Conditions must be accepted by all Users.
ARTICLE 2 : LEGAL INFORMATION
The site or Platform www.docdialy.com is published by Docdialy Morocco, SARL with a share capital of 100,000 MAD, located at 3 rue Honain Appt 6 Agdal, RC N°171561.
ARTICLE 3 : CONDITIONS OF ACCESS TO THE SERVICE
3-1- Description of services
The User of the "www.docdialy.com" platform will have access to the following services :
- Make an appointment with the healthcare professional of their choice for an in-office, home or remote teleconsultation consultation, depending on the option offered by the practitioner.
- Rate healthcare professionals, if this option is offered by the Editor ;
- Access the history of appointments made through the Docdialy Platform.
The aim of the Service is to enable Patients to make online appointments with doctors.
It provides Healthcare Professionals with the IT tools they need to carry out, among other things, remote consultations in total security, in compliance with current legislation.
The provision of these tools is subject to an agreement between the Publisher and the Healthcare Professional.
The Patient accesses the Service after requesting a teleconsultation directly from the Doctor. The latter specifies the amount the User must pay in order to carry out the teleconsultation.
The Platform is limited to providing the technical tools to carry out a Teleconsultation between a Patient and a Doctor.
It is specified that the medical procedures or care provided by the Doctor as part of the Teleconsultation will be invoiced in accordance with the Doctor's current agreements.
The implementation of the Service by the Practitioner is the latter's sole responsibility. The Editor may in no case be held responsible for the non-performance or poor performance of the Service offered by the Practitioner, and may not be held liable for any costs incurred by the User in this respect. Use of the Service by the Practitioner in no way exempts or mitigates the Practitioner from his professional obligations and liability to the User.
The Editor also provides the Patient with a rating system to evaluate the Practitioner. The Editor cannot be held responsible in any way if the Practitioner receives a poor rating on the DOCDIALY site.
Any User with Internet access may access the site free of charge from any device. Any costs incurred by the User in accessing the site (internet connection, computer equipment, etc.) are the User's responsibility.
The services described above are accessible only to Users who are members of the site. Membership of the site is granted to a User by means of his/her login details.
3-2 Acceptance of the Terms of Use of the Service
Use of this Service is subject to the User's unconditional acceptance of the Terms and Conditions of Service.By using the Service, the User therefore acknowledges that he/she has read and understood these Terms of Use in their entirety, and accepts them without restriction or reservation.
3-3- Responsibility of the User
The User is responsible for the risks associated with the use of his/her login and password.
The User's password must remain secret. In the event of disclosure of the password, the Publisher declines all responsibility.
The User assumes full responsibility for the use made of the information and content available on the www.docdialy.com website.
Any use of the service by the User which directly or indirectly causes damage to the Publisher shall be subject to compensation payable to the site in accordance with the laws in force.
The site allows members to publish :
- Comments on the service in particular and the services provided in general,
- Assign a rating from one to 5 stars.
Any Professional who does not wish to be rated on the platform must notify the Editor in writing before subscribing to the offer.
The member undertakes to treat others with respect and to comply with the law.
The member consents to his or her publications being moderated, refused or deleted by the Publisher, without any obligation to justify his or her actions.
By publishing on the site, the User grants the Publisher the non-exclusive and free right to represent, reproduce, adapt, modify, broadcast and distribute his/her publication, directly or through an authorized third party.
3-4- The Editor's liability
The Editor cannot be held liable for any malfunction of the server or network. Similarly, the site cannot be held liable in the event of force majeure or the insurmountable act of a third party.
The Editor " www.docdialy.com " undertakes to use all necessary means to guarantee the security and confidentiality of data. However, it does not guarantee total security.
Although the information published on the site is deemed reliable, the Editor does not guarantee the total reliability of its sources.
3-5 Scope of application
These General Terms and Conditions of Use come into force on August 8, 2023. They apply to all use of the Service by the User. The present conditions are subject to Moroccan law: any foreign User expressly accepts the application of Moroccan law by using the Service. In the event that a particular contractual clause is null, illegal or inapplicable, it will be deemed unwritten. The validity of the other stipulations of the General Terms and Conditions shall in no way be affected.
3-6 Modification of the Terms of Service
The Editor reserves the right to modify the present Terms of Service at any time and without notice or information, and without prejudice. As soon as they are modified, the amended Terms of Service become effective and applicable to all Users and all Healthcare Professionals, regardless of the date of their registration on the Site.
3-7 - Rules for using the Service
The Platform is open to all Users, but its use is subject to the following conditions:
- Be of legal age,
- Acknowledge having read and understood these Terms of Use in their entirety, and accept them without restriction or reservation,
- Consent to the collection and processing of personal data in order to ensure the proper operation of the Service, and in strict compliance with our Privacy Policy and the rules governing the protection of personal data in force,
Under no circumstances can the Publisher be held responsible for fraudulent use of the Service by a Practitioner or another User.
In all cases, use of the Service is subject to acceptance of and strict compliance with the following rules:
- The User undertakes to use the Platform for personal purposes only. The Platform may not be used for commercial or profit-making purposes, and in particular may not be used to gather commercial information,
- The User undertakes not to access or use the Site or the Service provided by the Publisher for illicit purposes or with the aim of causing damage to the reputation and image of the Publisher and other Users, or more generally to infringe the rights, in particular intellectual property rights, of the Editor and/or Practitioners,
- The User undertakes not to use devices or software other than those provided by the Service in order to affect or attempt to affect the proper functioning of the Site or the Service, or to extract or modify all or part of the Site or the "DOCDIALY ®" application,
- The User undertakes not to copy all or part of the content present on the Site onto any medium whatsoever without written authorization from the Company,
- In the event of a breach of any of these undertakings, and without this list being limitative, the User acknowledges and accepts that the Company will use all legal means to compensate any material or immaterial loss.
In general, the User agrees not to engage in any practice tending to :
- defame, abuse, insult, slander, harass, denigrate, intimidate or on the basis of religion, origin, gender, sexual orientation, ethnicity, race, age or disability;
- disseminate false or misleading information;
- make use of viruses or any other type of malicious code that would or could be used to impact the operation of the Platform or any related services;
- collect or track the personal information of others;
Any practice in this sense entitles the Publisher to immediately and without notice terminate the offender's use of the Service.
No compensation or reimbursement by the Editor may follow.
ARTICLE 4 - PROCESSING OF PERSONAL DATA
In accordance with law n°09-08 promulgated by Dahir 1-09-15 of February 18, 2009, relating to the protection of individuals with regard to the processing of personal data, all Users have the right to access and rectify information concerning them, which they may exercise by contacting [email protected] .
Users may also, for legitimate reasons, object to their personal data being processed, by contacting their Practitioner directly.
This processing is in the process of being notified to and authorized by the CNDP under receipt/authorization N°.
The Platform is based on cloud storage technology. As a result, all data is stored on the secure server hosted by "AWS" based in the United Kingdom.
In order to comply with security requirements, data will not be saved on the User's device, nor that of any person to whom the User has authorized access.
The User hereby authorizes the Editor to transfer to the DOCDIALY Platform and the DOCDIALY SOFT Application any data required for full use of the Services provided.
The personal data collected may be transferred to AWS in accordance with the transfer request currently being filed with the CNDP.
ARTICLE 5 - LIABILITY
The User is solely responsible for his/her use of the Service.
The Company may under no circumstances be held liable in the event of proceedings brought against a User who is guilty of non-compliant use of the Service.
In this respect, the User acknowledges and accepts that he/she will be personally responsible for any claims or proceedings brought against the Company as a result of his/her non-compliant use of the Service.
ARTICLE 6 - LIMITATION OF LIABILITY
The Company makes every effort to ensure that its Service is available 24 hours a day, 7 days a week. However, given the specific characteristics of the Internet network, the Company offers no guarantee of continuity of service, being bound in this respect only by an obligation of means.
The Company cannot be held liable for any damage resulting from the temporary impossibility of accessing the service offered by the Site.
The Company reserves the right to modify or interrupt, at any time, temporarily or permanently, all or part of the Service without prior notice to Users and without entitlement to compensation.
The content offered by the Editor on the Platform or the related tools must in no way be considered as medical advice or medical prescriptions.
Only Professionals registered on the Platform are authorized to do so.
Thus, if the Patient has symptoms that require urgent care, he/she should contact the local emergency services or his/her attending doctor outside the Platform.
Use of the Platform does not relieve registered Healthcare Professionals of their legal obligations and responsibilities towards Patients.
Healthcare Professionals carry out their professional practice independently, in accordance with their ethical, legal and regulatory obligations, and under their sole responsibility.
In accordance with article 27 of the residential decree relating to the Code of Ethics for Doctors in Morocco, doctors registered on the Platform have the right to refuse care to Patients for professional or personal reasons.
Under article 28 of the same text, they are always free to prescribe within the limits imposed by the conditions in which patients find themselves.
Doctors registered on the Platform are bound by the rules and laws governing the medical profession in Morocco.
ARTICLE 7 - FORCE MAJEURE
The Company may not be held liable if the performance of any of its obligations is prevented or delayed due to a case of force majeure as defined by the jurisprudence of the Moroccan Courts, and in particular natural disasters, fire, malfunction or interruption of the telecommunications network or the electricity grid.
ARTICLE 8 - COMPLAINTS
For any information relating to the operation of the Service, the User is invited to refer to the "Contact Us" section accessible on the Site.
Article 9 - PROTECTION OF DISTINCTIVE SIGNS
The Company's trademarks, logos, company names, acronyms, trade names, signs and domain name enabling access to the Service constitute distinctive signs which may not be used without the express prior authorization of their owner.
Any partial or total representation, reproduction or use of these distinctive signs is therefore prohibited and constitutes trademark infringement, in application of the provisions of the OMPIC Intellectual Property Code, and usurpation of a corporate name, trade name or domain name, engaging the tort liability of its author
ARTICLE 10 - TELECONSULTATION SERVICE
The proposed Service enables teleconsultations to be carried out by Practitioners via the "DOCDIALY ®" site which they use.
The Doctors provide answers to Users within the scope of their skills and professional qualifications, based, firstly, on the information provided by Users and, secondly, on current scientific data and best practices.
The User is informed and accepts that, within the context of the Teleconsultation Service, the Doctor is the only person who can decide whether or not to issue the following procedures:
- prescriptions for sick leave ;
- prescriptions for medical certificates;
- prescriptions subject to special rules.
The User undertakes to provide, under his/her responsibility, control and direction, true and accurate information and not to usurp the identity of a third party, nor to conceal or modify information concerning him/her.
The Teleconsultation Service is provided by the Professionals with the User's free and informed consent, after having been informed :
- the collection and processing of his/her data ;
- how the teleconsultation will be carried out.
Personal information concerning Users is confidential. The questions asked by Users, and the answers given by Practitioners as part of the Services, are also absolutely confidential, and protected by medical secrecy.
ARTICLE 11 - METHOD OF PAYMENT
To pay the Practitioner's fees, the User chooses the means of payment from among those proposed by the Company on the payment page.
In this case, the transaction will be debited from the User's account within the day of validation.
Online payments are secured by the Centre Monétique Interbancaire (CMI), which offers a fully secure payment service.
The User guarantees the Company that he/she has the necessary authorizations to use the method of payment chosen by him/her when validating the payment.
In the event of payment by bank card, the provisions relating to fraudulent use of the means of payment set out in the agreements concluded between the User and the card issuer, and between the Company and its bank, shall apply.
ARTICLE 12 - CONFIDENTIALITY OF PAYMENT DATA
The information requested from you is necessary for the processing of fees and is treated as confidential.
The User has the right to rectify any data concerning him/her, as stipulated in article 4.
ARTICLE 13 - PROOF
In accordance with law no. 53-05 relating to the electronic exchange of legal data, the Publisher and the User agree that any contract signed electronically has the same legal evidential value as a handwritten document.
Termination or expiry of the Contract shall not affect the probative value of documents signed in electronic form prior to the date of termination or expiry.
The data recorded by the Centre Monétaire Interbancaire on the online payment platform on behalf of the Company constitutes proof of the commercial transaction between the User and the Company on behalf of the Practitioner.
ARTICLE 14- INTELLECTUAL PROPERTY
In accordance with law no. 2-00 relating to copyright and related rights, the contents of the www.docdialy.com site, logos, graphic elements, texts and any other creation by the Editor on the Platform are protected by copyright.
The User must obtain the site Editor's authorization before reproducing, copying or publishing any of this content; any commercial use is strictly forbidden.
The Publisher reserves the right to moderate or delete content posted by Users at any time, without justification.
ARTICLE 15- CHANGES TO THE GENERAL CONDITIONS OF USE
The site www.docdialy.com reserves the right to modify the clauses of these general conditions of use at any time and whenever necessary
ARTICLE 16- CONTRACT DURATION
For the Practitioner, the duration of the present Conditions corresponds to that mentioned in the subscription formulas proposed and validated by the User.
For the Patient, the duration of the present Conditions corresponds to the duration of use of the Platform.
ARTICLE 17- DISPUTES, LITIGATION AND JURISDICTION
The User fully consents to the application of Moroccan law.
Prior to any recourse to the courts, the Editor and the User shall endeavor to settle amicably any dispute concerning the validity, interpretation, performance or non-performance, interruption, termination or denunciation of these General Terms and Conditions of Use, for whatever reason and on whatever basis.
The User undertakes to notify the Publisher of any grievances in writing.
Any dispute or litigation arising from the application of these terms and conditions shall be submitted to the competent Moroccan courts.
Acceptance of these conditions
You acknowledge that you have read this Agreement and accept all its terms and conditions. By using the DOCDIALY Platform or its Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms and conditions of this Agreement, you are not authorized to use or access the Services.