Medico Consulta Directa Srl
1. PURPOSE
These Terms of Use (hereinafter referred to as “Terms”) are intended to define the conditions of use of the Website and the Application.
The Website and Application offer: (i) A Directory Service listing Healthcare Providers by professional profile, (ii) A connection service between Healthcare Providers and Users of the Medico Platform, (iii) The presentation of various Services offered on the Medico Platform such as Document sharing or Telemedicine consultations, to which Healthcare Providers may subscribe.
2. DEFINITIONS
Application: refers to the mobile application “Medico Patient” available on iOS and Android platforms.
Healthcare Providers: refers to healthcare professionals, clinics, hospitals, and other medical service providers registered on the Platform.
Medico Platform: collectively refers to the Website and Application operated by Medico Consulta Directa Srl.
Services: refers to all functionalities and features offered through the Medico Platform.
Users: refers to individuals who create an account on the Platform to access healthcare services.
Visitors: refers to individuals who access the Platform without creating an account.
Website: refers to the website accessible at www.medico.com.do.
3. ACCEPTANCE OF TERMS OF USE
3.1 By accessing and using the Website and/or Application, the Visitor acknowledges having read and understood these Terms and agrees to be bound by these conditions without reservation.
3.2 If the Visitor does not agree with all or part of these Terms, they must not continue to use the Website or Application.
4. ACCESS AND NAVIGATION
4.1 The Website and Application allow Visitors to access Medico’s Directory Service without needing to create a User Account.
4.2 The Directory Service allows Visitors to: (i) search for Healthcare Providers according to various criteria (location, specialty, languages spoken, gender, etc.), (ii) consult the professional profiles of Healthcare Providers listed on Medico, and (iii) indicate to Healthcare Providers that the Visitor has attempted to schedule an appointment online with them through the Medico Platform.
Medico does not guarantee that the Directory contains all Healthcare Providers practicing in the Dominican Republic and specifically in the Visitor’s geographic search area. Consequently, it is possible that the Visitor may not find a Healthcare Provider using the Directory Service.
The Website refers Visitors to the websites of representative authorities such as professional medical boards to obtain comprehensive lists of members of each relevant profession.
Medico emphasizes that the Directory Service cannot be considered, due to its lack of comprehensiveness, as a patient referral service to Healthcare Providers.
Visitors always retain the choice of Healthcare Providers they consult in accordance with applicable provisions of Dominican healthcare law, deontological provisions applicable to regulated professions, and binding provisions applicable to non-regulated professions.
Medico is not responsible for the accuracy of information appearing on each Healthcare Provider’s professional profile. The accuracy and updating of this data is the sole responsibility of the Healthcare Provider.
4.3 The Website and Application are freely accessible to any Visitor with Internet access. All costs necessary for accessing the Website and/or Application (computer equipment, Internet connection, etc.) are the responsibility of the Visitor.
4.4 Medico reserves the right, without prior notice or justification, to interrupt or suspend all or part of access to the Website or Application, particularly in case of force majeure, to perform updates, and/or maintenance operations, without this list being exhaustive.
5. RESPONSIBILITY
5.1 Medico’s Responsibility
Medico is only responsible for content it has published itself. As such, Medico is not responsible for the accuracy of information appearing on each Healthcare Provider’s professional profile. The accuracy and updating of this information is the sole responsibility of the Healthcare Provider.
Medico is not responsible: (i) in case of technical, computer, or compatibility problems of the Website or Application with any equipment or software, (ii) for the intrinsic characteristics of the Internet, particularly those relating to lack of reliability and security defects of information circulating therein.
Medico’s responsibility toward Visitors can only be engaged for facts directly attributable to it and causing damage directly linked to these facts. It cannot be engaged for indirect damages. Medico’s responsibility cannot be engaged due to misuse of the Website or Application by the Visitor or any fault on their part. It cannot be engaged for facts attributable to a third party to the Website or Application.
Visitors understand and consent that the Website or Application are not intended to meet any particular requirement and are provided “as is.” Medico excludes, to the extent permitted by law, any warranty of any nature whatsoever.
5.2 Visitor’s Responsibility
Visitors are responsible for: (i) protecting their infrastructure and data, (ii) their use of the Website and/or Application, (iii) in case of non-compliance with these Terms.
6. VISITOR CONDUCT
Each Visitor must use the Website and/or Application responsibly and therefore refrains from: (i) disrupting or interrupting access to or operation of the Website and/or Application, (ii) attempting to probe, scan, or test the vulnerability of a system or network, or violating security or authentication measures without authorization, (iii) attempting to access Medico’s confidential data and private servers not intended for the Visitor.
Each Visitor also commits to using the Website and Application in good faith and therefore refrains from: (iv) impersonating another person, (v) interfering with the peaceful access and use of any other Visitor or User, (vi) using the Website or Application for purposes other than those for which they were intended, (vii) attempting to connect to an appointment not intended for them, (viii) acting in a way that could harm Medico’s and/or Healthcare Providers’ reputation or in an inappropriate manner (including any defamatory, indecent, inappropriate, threatening, hateful, injurious remarks made orally or in writing), (ix) engaging in any form of illicit data extraction from the Website and/or Application such as web scraping.
7. INTELLECTUAL PROPERTY
The Website and Application, including their structure, texts, graphics, images, logos, photographs, sounds, videos, and computer applications that compose them are the property of Medico, its affiliated companies, or its suppliers and are protected as such by laws in force regarding Intellectual Property, copyright, and database protection.
Any representation, reproduction, adaptation, or exploitation, partial or total, of content, registered trademarks, and Services offered on the Website and Application, by any process whatsoever, without prior, express, and written authorization from Medico, is strictly prohibited and may constitute counterfeiting within the meaning of Dominican intellectual property law.
8. PERSONAL DATA AND COOKIES
When Visitors browse the Website and/or Application, Medico collects and processes personal data in accordance with Medico’s Privacy Policy accessible on the Platform. Information regarding cookies and cookie refusal procedures are specified in Medico’s Cookie Policy accessible on the Website and Application.
9. HYPERLINKS
The Website and Application may contain hyperlinks and widgets directing to third-party sites.
Medico is not responsible for the operation, quality of information, and content of third-party sites over which Medico exercises no control but to which the Services may refer.
10. MODIFICATION OF TERMS OF USE
Visitors acknowledge and accept that the version of the Terms that is authoritative is the one found online during their access to the Website or Application. Visitors are therefore required to refer to the online version of the Terms at the date of their access.
Medico is free to modify these Terms at any time, particularly to take into account any modification of the Website, Application, and/or its Services as well as any legal, regulatory, jurisprudential, and/or technical evolution or constraint.
11. LEGAL NOTICES
11.1 Website and Application Publisher
Medico’s Services are operated by Medico Consulta Directa Srl, a limited liability company with capital of RD$20,000 registered in the Dominican Republic under registration number [Registration Number] whose registered office is located at [Address], Santo Domingo, Dominican Republic, and whose Tax ID is [Tax ID Number].
Publication Director: [Director Name] Email address: [email protected]
11.2 Data Hosting
As a provider of a service operating, administering, and backing up health data, Medico complies with Dominican health data protection regulations. Medico uses certified cloud infrastructure providers that meet international security standards including ISO/IEC 27001 certification.
Medico prohibits the use of health data for marketing, advertising, or statistical purposes without explicit consent.
12. DISPUTE RESOLUTION – APPLICABLE LAW AND JURISDICTION
Visitors are informed that by accessing the Website and/or Application, they are subject to Dominican law.
Before any contentious action, Medico and Visitors will seek, in good faith, to settle their disputes amicably, regardless of causes and grounds.
All difficulties relating to the validity, application, or interpretation of these Terms of Use will be submitted, failing amicable agreement, to the jurisdiction of competent Dominican courts in accordance with Dominican law.
13. EMERGENCY DISCLAIMER
The Medico Platform is not intended for medical emergencies. In case of a medical emergency, Users should immediately contact emergency services by calling 911 or go to the nearest emergency room.
Medico is not responsible for any delays in medical care that may result from using the Platform instead of seeking immediate emergency care.
14. TELEMEDICINE LIMITATIONS
Telemedicine consultations available through the Platform have limitations and may not be suitable for all medical conditions. Healthcare Providers will determine the appropriateness of telemedicine for each individual case.
Users understand that telemedicine cannot replace all aspects of traditional in-person medical consultations and that physical examination may be necessary for proper diagnosis and treatment.
15. CONTACT INFORMATION
For questions regarding these Terms of Use, please contact:
Medico Consulta Directa Srl – Sosua, Dominican Republic – RNC: [Registration Number] Email: [email protected] Phone: +1 (809) 742-5749
Version: January 2025