01 - A - Terms of Use | MY SPECIAL DOCTOR

Terms of Use

Updated version as of 28/04/2022 General provisions.

The conditions set forth hereinafter, referred to as “Terms of Use,” are valid between the company VITA MIA S.r.l., hereinafter referred to as “MSD,” with legal headquarters in Fano (PU), Via Roma 125/F, [email protected], VAT number 02771710411, represented by its legal representative pro tempore, and any natural person, hereinafter referred to as the “Patient,” who interacts with the website “myspecialdoctor.it” and the applications called “My Special Doctor,” hereinafter referred to as the “Platforms,” for personal, non-professional purposes and, in any case, unrelated to any business, commercial, craft or professional activity that may be carried out.

MSD reserves the right, at its discretion, to change, modify, add or delete parts of the Terms of Use at any time without further notice. In such cases, MSD will publish the modifications to the Terms of Use on the Platforms. If the Patient continues to visit and/or access the Platforms after the application of the modifications to the Terms of Use, it means they accept the revised terms and conditions.

The term “Patient” includes both “Non-registered Patient” and “Registered Patient.”

For “Non-registered Patient,” it means the Patient who visits the Platforms without registering.

For “Registered Patient,” it means the Patient who visits the Platforms and has registered or has completed the registration process.

For “Professional,” it means the natural or legal person who, through an authorized and legally appointed representative, interacts with the Platforms in the exercise of their business, commercial, or professional activities.

ARTICLE 1. Intellectual Property.

The URL “myspecialdoctor.it” is a registered domain and the property of VITA MIA S.r.l., hereinafter referred to as “MSD,” with legal headquarters in Fano (PU), Via Roma 125/F, [email protected], VAT number 02771710411.

“My Special Doctor” is a trademark owned solely by MSD.

The content of the Platforms is protected by copyright law. All rights concerning the content and material placed on the Platforms, such as, by way of example and not limited to, texts, graphics, images, logos, reproduction of trademarks and/or logos, videos, and music, are protected by copyright in accordance with the applicable laws from time to time.

The content of the pages on the Platforms may not, in whole or in part, be copied, reproduced, transferred, stored, distributed, modified, or used for any other purpose without the prior written consent of MSD.

Citations and direct references to the content of the Platforms are permitted, including sharing posts and images uploaded to the Patients’ social media profiles, provided that they are always and in any case accompanied by the mention of the name “My Special Doctor,” as the owner of the material contained in the Platforms, and the source is indicated, including the address “myspecialdoctor.it.”

None of the provisions in these Terms of Use shall be interpreted as granting a license for the aforementioned intellectual property rights.

The Registered Patient has a right to use the intellectual property governed hereunder within the limits of the functions and digital scope provided by the Platforms, but never outside of them, in a non-exclusive, non-transferable manner and for the duration of their registration to the Platforms.

No right of use is granted to the Non-registered Patient, who is only entitled to view the homepage.

ARTICLE 2. Limitations of Liability in the Use of the Platforms.

The information contained on the Platforms may contain technical inaccuracies or typographical errors. MSD does not guarantee the accuracy, reliability, completeness, or timeliness of the material on the Platforms, nor the results that may be obtained from using the Platforms. The use of the Platforms, the content, and the material placed therein is at the risk and peril of the user. MSD reserves the right to modify, in whole or in part, the pages and functions of the Platforms at any time.

MSD does not provide any guarantee regarding the availability, accuracy, reliability, or content of the pages on the Platforms. MSD also does not provide any guarantee in the event of unauthorized third-party access that modifies the content of the Platforms.

Furthermore, MSD does not provide any guarantee in the event of authorized third-party access engaging in activities such as uploading files and/or images, or disseminating personal information.

In no event shall MSD be liable for damages, whether direct or indirect, consequential or incidental, for loss of profit or opportunity resulting from the use of the Platforms. Under no circumstances, MSD shall be held responsible for the transmission of viruses that could infect and/or damage the computer equipment of users accessing the Platform or downloading data from it.

The Professional is solely responsible for the therapies, healthcare services, and professional services connected to and/or arising from the use of the Platforms.

In relation to the provision of consultations, services, and healthcare, MSD acts as an intermediary between the Professional and the Patient. In no case does MSD provide the consultation directly and, as such, does not assume the status of a Professional. The healthcare consultation purchased through the Platforms may, at the Professional’s discretion, be either paid or free of charge. In the first case, it may involve a cost borne by the Patient. This cost, along with any other detailed information regarding the consultation and the methods of providing healthcare and/or professional services, will be provided by the Professional before the Patient can proceed with accepting the professional assignment.

The Platforms provide a service aimed at connecting the healthcare service requests from Patients with Professionals who offer such services and join the Platforms. MSD does not perform any medical or healthcare activities, nor is it in any way involved in the phase after the initial encounter. Therefore, it is not involved in the negotiation between Professionals and Patients, nor in the provision of the healthcare service, even if it is provided via video consultation conducted through the Platforms. MSD is also not responsible for the decisions made by the Professionals using the Platforms.

MSD is not involved and cannot be involved in the relationships between Patients and Professionals. In the event of disputes between Patients and Professionals, MSD will not be held responsible for any damage suffered by the Patient as a result of the actions of the Professional, and vice versa. In particular, MSD cannot be held responsible for any damages suffered by the Patient due to the failure to provide the service by the Professional contacted through the Platforms, delays by the Professional in providing the service, or inaccurate or incompetent provision of the healthcare service itself. In general, the Patient cannot make any claims against MSD for damages caused intentionally or by negligence by third parties, including Professionals or other users of the Platforms, connected to and/or arising from and/or dependent on the use of the Platforms. Anyone who consults and uses the Platforms assumes all risks related to the relationship with Professionals and other Patients.

The Patient acknowledges that MSD cannot be held liable for any damages of any kind, whether contractual or non-contractual, arising from the activation or use of the services offered on the Platforms and/or from the interruption of their functioning, due to any cause, including telephone line failures, electrical failures, and overloads or interruptions of global or international networks.

The Patient agrees to comply with the provisions of these Terms of Use and declares to hold harmless and indemnify MSD, its representatives, and its employees from any legal action and/or claim and/or exception that any third party, including other Patients and Professionals, may bring for any act and/or omission, whether intentional or negligent, committed by the Patient, connected to and/or arising from the use of the Platforms.

ARTICLE 3. Information Provided by the Patient.

It is possible that, through the Platforms, MSD may receive opinions and/or suggestions from Patients. In any case, unless the Patient expressly states otherwise, all suggestions, ideas, designs, inventions, or other information submitted to MSD through the Platforms will remain the property of MSD, with the consequence that MSD is not obligated to provide any compensation, indemnities, royalties, or payments of any kind or nature.

MSD will be authorized to freely, gratuitously, and unconditionally use such information indefinitely and will not be responsible for having received the information or for its subsequent use or disclosure.

It is also understood that the Patient is responsible for their own communications. Therefore, MSD advises Patients not to send the following materials:

material protected by copyright, patent, or other intellectual property rights, unless the Patient is the legitimate owner or licensee;
material that discloses trade secrets or know-how, unless the Patient is the legitimate owner or licensee;
material that violates third-party privacy rights;
material that is defamatory, threatening, embarrassing, or offensive to other Patients or Professionals or third parties;
advertisements or spam.

ARTICLE 4. Information for the Patient.

The Platforms are likely to include links to other websites owned, managed, or published by third parties. The use of such links and the consequent access to the linked sites is at the complete risk and peril of the Patient. MSD has no control over the content of such sites and cannot assume any responsibility for the material created or published there. Furthermore, linking to a site other than “myspecialdoctor.it” does not imply MSD’s endorsement of that site, nor of the products or services contained therein. MSD also does not guarantee the security of systems accessing third-party sites through links on the Platforms.

MSD cannot be held responsible for any virus transmissions to the Patient’s equipment when accessing external sites via links present on the Platforms.

MSD uses the Platforms to collect information that may identify the Patient if such information is submitted via the “contacts” link or the “registration” section, in accordance with applicable data protection laws. MSD may also automatically collect certain information that does not identify the Patient. Visiting the Platforms may result in automatic storage by MSD’s information systems of certain data on the Patient’s device. In such cases, MSD will use this information to update the Platforms based on the Patient’s interests and preferences. If the Patient decides not to accept cookies or wishes to be informed of their transmission, they can configure their browser to delete or block cookies, provided the browser allows it. Patients are encouraged to carefully read the Privacy Policy, specifically the section dedicated to them, and the Cookies Policy at the bottom of the Platforms.

ARTICLE 5. Access and Registration to the Platforms.

The Patient has the right to access the Platforms for consultation and to retrieve information. No other use of the Platforms or its content for different purposes is permitted.

By using the Platforms, the Professional can present their services and transparently state their fees, allowing the Patient to make an informed and conscious choice. The Patient can interact online with Professionals and other Patients through designated areas within the Platforms.

Registration on the Platforms as a Patient is without purchase obligation and can only be completed by individuals who are eighteen years of age or older and otherwise possess the necessary legal capacity to engage in commercial actions and enter into contracts.

By registering, the Patient confirms that they have read, understood, and accepted the Terms of Use of the Platforms as outlined in these Terms, available at the bottom of the Platforms, and acknowledges that they have reviewed the information in the Privacy Policy, also accessible through the Platforms, and agrees to be legally bound by it.

MSD reserves the right to limit registration to the Platforms in accordance with the law or these Terms of Use.

The Patient who completes the registration on the Platforms is responsible for their account, including any data and content published, and for all activities carried out. They are also required to promptly notify MSD of any theft of credentials or unauthorized access.

MSD is not responsible for any publications that do not comply with the law.

Anyone registering must declare the purpose for which they are registering, either personal or professional.

The Patient proceeding with the registration is responsible for the accuracy of their declarations. MSD reserves the right to verify the statements made by the Patient and to delete the account in case of false or misleading declarations. Specifically, MSD reserves the right to request additional information for the Patient’s profile and to not activate, suspend, or delete profiles deemed unsatisfactory.

The Patient will not be able to proceed with registration if:

has been convicted, even if not definitively, for sexual violence;
has previously been disabled for violation of the Terms of Use and/or General Terms;
is not authorized by Law.

During the registration process, the Patient will be required to enter a password. The maintenance of the confidentiality of the password and the account is the sole and exclusive responsibility of the Patient, and therefore, the Patient will be the only and exclusive responsible party for any activity carried out through the use of their password or account. It is not allowed to use another Patient’s password or account. MSD will not be liable in any way for any loss or damage caused by the Patient’s failure to comply with these obligations.

ARTICLE 6. Obligations of the User within the Platforms.

The User is required to:

use the same name they use in real life;
provide accurate personal information;
create only one account;
not share their password, nor grant third-party access to their account without written authorization from MSD.

The User may not upload viruses or harmful codes, nor perform actions that could disable, overload, or interfere with the proper functioning or appearance of the Platforms.

The User may not access or collect data from the Platforms using automated means without prior written authorization from MSD, nor attempt to access data they do not have permission to access.

The Patient may not spread and/or publish reviews regarding a Professional and/or the professional activity they perform through the Platforms.

In case of violation of these behavioral rules, MSD may remove and block content that violates these provisions and proceed with the cancellation of the User’s account, even automatically.

ARTICLE 7. Authorizations granted by the User.

The Patient, upon registration, grants the following authorizations to allow MSD to provide its services:

authorization to use content created and shared by the Patient on the Platforms. The Patient can delete content from the Platforms individually or by deleting their entire account. Any subsequent permanent removal of said content will occur within the timeframes and in the manner prescribed by Law and, in any case, through a specific written request from the Patient;
authorization to use their name and profile picture, without any remuneration to their advantage. The Patient also authorizes the free publication of data and photographic images in which the Patient appears for related use in advertising, editorial, and conference settings. At any time, it will be possible to remove data and photographs from the Platforms using the tools provided by the Platforms themselves. This authorization does not allow the use of the image in contexts that harm the Patient’s personal dignity, their decorum, and in any case for uses and/or purposes other than those indicated above. The Patient confirms that they have no claims regarding what has been authorized and irrevocably waives any rights, actions, or claims arising from the above. In no case will compensation for any moral or material damages caused by third parties be required. This authorization is considered valid for ten years;
authorization for updating the software in use or downloaded, where available;
authorization for the detection and revelation of location, where available;
the Patient, holder of intellectual and/or industrial property rights for content they create and share on the Platforms, grants MSD a regular license to use such content for the provision of its services. Specifically, when the Patient shares, publishes, or uploads content protected by intellectual and/or industrial property rights in connection with the Platforms, they grant a non-exclusive, transferable, sublicensable, royalty-free, worldwide license to transmit, use, distribute, modify, perform, copy, publicly perform or display, translate, and create derivative works from their content. This license expires once the Patient’s content is deleted from the Platforms. Content removal will occur within the technical timelines as required and, in any case, in accordance with the provisions of the Law.

ARTICLE 8. Account Cancellation.

The Patient can cancel their account at any time using the methods provided by the Platforms.

The Patient will receive a confirmation communication of the request’s receipt and subsequent account cancellation. It is understood that the Patient is responsible for all activities performed with the account until the effective deactivation.

When the Patient deletes their account, all data they have published will be deleted and cannot be recovered. Information shared by other Patients that is not part of the deleted account will not be deleted.

MSD shares information with regulatory bodies, law enforcement, or other authorized parties, as required by Law.

Received information may be consulted and stored for an extended period when it is part of a proceeding or a legal obligation, a judicial investigation, or investigations regarding potential violations of our terms or regulations, or to prevent damage.

ARTICLE 9. Personal Data of the Patient.

When the Patient accesses the registration procedure, they are asked to provide certain personal data. Regarding the processing of this data, the Patient is advised to refer to the Privacy Policy at the footer of the Platforms. Specifically, that found in the section reserved for Patients.

Patients are advised that, in order to maintain anonymity and confidentiality regarding their own and others’ health status, they should avoid entering personal data, photos, images, videos, or any other information that could reveal, even indirectly through time and location associations, their identity or that of others, in the public forums available on the Platforms.

ARTICLE 10. Law and Jurisdiction.

In the context of relationships with Patients residing in a Member State of the European Union, the laws of the Member State in which the Patient resides will apply in relation to any claims, legal actions, or disputes against MSD, concerning the use of the Platforms and/or the services offered thereon. The claim, legal action, or dispute may be resolved before any competent court of the Member State having the relevant jurisdiction. The application of more favorable and non-derogable provisions of the law of the country where the Patient resides shall apply to Patients who do not habitually reside in Italy.

MSD informs the Patient who qualifies as a consumer under Italian law and resides habitually in Italy, that in case they have submitted a complaint directly to MSD, and the dispute has not been resolved, MSD will provide information regarding the Alternative Dispute Resolution (ADR) bodies for out-of-court resolution, specifying whether or not it intends to use such bodies to resolve the dispute. MSD further informs the Patient who qualifies as a consumer under Italian law and resides habitually in Italy, that an online European platform for consumer dispute resolution (the “ODR platform”) has been established. The ODR platform can be accessed at www.ec.europa.eu/consumers/odr/; through the ODR platform, the Patient who qualifies as a consumer under Italian law and resides habitually in Italy can consult the list of ADR bodies, find the link to each one’s site, and initiate an online procedure to resolve the dispute. In any case, the Patient’s right to approach the competent ordinary court regarding the dispute is preserved, regardless of the outcome of the out-of-court dispute resolution procedure.

The Patient residing in an EU Member State other than Italy may also access the European procedure established for disputes of small claims, under Council Regulation (EC) No. 861/2007 of July 11, 2007, provided that the value of the dispute does not exceed, excluding interest, rights, and costs, two thousand Euros. The text of the regulation can be found on the website www.eur-lex.europa.eu.