Terms and Conditions (T&C)
Last updated: 12-09-2023
These Terms and Conditions (the "Agreement") govern your use of the MIA Suite platform (the "Platform"), developed by Medvice Enterprises BV ("Medvice"), for accessing and obtaining medical advice from healthcare professionals ("Healthcare Professionals"). By using the MIA Suite platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree with any provision of this Agreement, you should not access or use the Platform.
Overview
1.1 Medvice is a software company that specializes in developing a B2C medical advice platform. The Platform, also known as the MIA Suite, acts as a bridge between Healthcare Professionals and individuals seeking immediate health advice.
1.2 The Platform is accessed through the MIA mobile app (the "App"), which allows patients or users ("Users") to obtain medical advice by subscribing to paid services.
1.3 The Services provided through the App are paid services, and Users are required to make payments through the Stripe payment gateway ("Stripe") to access medical advice packages.
1.4 In the event of a failed payment, another payment initiation will take place to prevent double spending.
1.5 If medical advice is not provided in a timely manner or is canceled, the User will receive credit for a future medical advice session.
Payment and Commission
2.1 Users are responsible for paying the Healthcare Professional directly via the MIA platform for the medical advice received. Medvice will deduct a commission fee from the payment made by the User.
2.2 Restitution of payments is not possible unless requested through a written proposal.
Limitation of Liability
3.1 Medvice shall not be held liable for any medical or health consequences arising from the improper use of the Platform, bugs, or other technical difficulties.
3.2 Medvice shall not be held liable for the actions or content provided by the Healthcare Professionals. Medvice invests in adequate adherence to KYC processes, training, guidelines for Healthcare Professionals, and a code of conduct for all Healthcare Professionals working with the MIA Platform. However, Medvice is not a healthcare company, clinic, hospital, or any other healthcare institute.
3.3 Medvice is a software company that enables physicians and healthcare professionals worldwide to provide medical advice or healthcare advice through the MIA Platform.
3.4 All Healthcare Professionals are periodically evaluated and regularly monitored.
3.5 The medical content managed by Medvice is tested for correctness, medical soundness, and incorrect statements. However, Medvice is not liable for any consequences arising from incorrect information conveyed by the Healthcare Professionals.
3.6 In the case of a medical emergency, Medvice prioritizes immediate response by emergency services over the use of the MIA Platform.
3.7 The services provided through the Medvice App should not replace primary healthcare, specialized healthcare, emergency services, or any other type of healthcare service.
General Terms
4.1 Medvice reserves the right to modify or terminate the Platform or any part thereof at any time without notice.
4.2 Users must comply with all applicable laws and regulations while using the Platform.
4.3 Users must provide accurate and complete information during registration and agree to update their information promptly if any changes occur.
4.4 Medvice may suspend or terminate a User's access to the Platform if there is any violation of these Terms and Conditions.
4.5 Medvice may collect, use, and disclose personal information in accordance with its Privacy Policy.
4.6 These Terms and Conditions constitute the entire agreement between the User and Medvice regarding the use of the Platform and supersede any prior agreements or understandings.
4.7 These Terms and Conditions shall be governed by and construed in accordance with the laws of the jurisdiction where Medvice Enterprises BV is registered.
Intellectual Property
5.1 All intellectual property rights related to the Platform, including but not limited to copyrights, trademarks, trade secrets, patents, and any other proprietary rights, belong to Medvice or its licensors. Users are granted a limited, non-exclusive, non-transferable license to use the Platform solely for their personal, non-commercial purposes.
5.2 Users shall not modify, distribute, reproduce, transmit, publicly display, create derivative works from, or exploit in any way the content or software provided on the Platform without prior written permission from Medvice.
Termination
6.1 Medvice reserves the right to suspend or terminate a User's access to the Platform at any time without notice for any reason, including but not limited to violation of these Terms and Conditions or any applicable laws.
6.2 Upon termination, Users must immediately cease all use of the Platform, and any provisions of this Agreement that, by their nature, should survive termination, shall continue to apply.
Indemnification
7.1 Users agree to indemnify, defend, and hold Medvice, its officers, directors, employees, agents, and affiliates harmless from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to their use of the Platform, violation of these Terms and Conditions, or infringement of any intellectual property or other rights of any third party.
Governing Law and Jurisdiction
8.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of the jurisdiction where Medvice Enterprises BV is registered, without regard to its conflict of laws principles.
8.2 Any dispute arising out of or relating to these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts in the jurisdiction where Medvice Enterprises BV is registered.
Severability
9.1 If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect to the maximum extent permitted by law.
Contact Information
10.1 If you have any questions or concerns about these Terms and Conditions or the Platform, you may contact Medvice Enterprises BV at [email protected].
Modifications
11.1 Medvice reserves the right to modify or update these Terms and Conditions at any time without prior notice. Any changes to the Agreement will be effective immediately upon posting on the Platform. It is your responsibility to review the Terms and Conditions periodically for any updates or changes.
11.2 Continued use of the Platform after the modifications have been made constitutes your acceptance of the revised Terms and Conditions.
Third-Party Services and Links
12.1 The Platform may contain links to third-party websites, applications, or services that are not owned or controlled by Medvice. Medvice does not endorse or assume any responsibility for the content, privacy policies, or practices of any third-party websites, applications, or services.
12.2 You acknowledge and agree that Medvice shall not be responsible or liable for any damages or losses arising from your use of any third-party websites, applications, or services accessed through the Platform.
Entire Agreement
13.1 These Terms and Conditions constitute the entire agreement between you and Medvice Enterprises BV regarding the use of the MIA Suite platform and supersede any prior agreements or understandings.
13.2 No waiver or modification of any provision of this Agreement shall be valid unless in writing and signed by both parties.
Survival
14.1 Any provisions of these Terms and Conditions that, by their nature, should survive termination or expiration shall continue to apply, including but not limited to the sections on Limitation of Liability, Intellectual Property, Indemnification, and Governing Law and Jurisdiction.