Terms and Conditions – Emdoc Health Limited

These are the terms and conditions subject to which we allow you to use Emdoc Health Limited. By visiting or using Emdoc Health Limited, or by making an appointment for health advising or consult, you agree to be bound by them.

We are Emdoc Health Limited, a company registered in Ireland, number 704872.

Our address is 13 Adelaide Road, Saint Peter’s, Dublin, D02 P950, Ireland

You are: Anyone who uses Our Website or healthcare services or medical education services from us in any circumstances.

1. Definitions

“Intellectual Property”

means intellectual property owned by us, of every sort, whether or not registered or registrable in any country, including intellectual property of all kinds coming into existence after today; and including, among others, patents, trade marks, unregistered marks, designs, copyrights, software, domain names, discoveries, creations and inventions, educational material, educational and health information graphics and images, together with all rights which are derived from those rights.

“Our Website”

means any website or service designed for electronic access by mobile or fixed devices which is owned or operated by us or any member of Emdoc Health Limited group of companies. It includes all of the web pages owned by us.

“Price”

means the price for our medical consultation appointments, advising, medical education services, and classes as set out on Our Website.

“Services”

means all of the healthcare and education services available from Our Website, whether free or charged.

2. Interpretation

In this agreement unless the context otherwise requires:

2.1. a reference to one gender shall include any or all genders and a reference to the singular may be interpreted where appropriate as a reference to the plural and vice versa.

2.2. a reference to a person includes a human individual, a corporate entity and any organisation which is managed or controlled as a unit.

2.3. in the context of permission, “may not” in connection with an action of yours, means “must not”.

2.4. the headings to the paragraphs to this agreement are inserted for convenience only and do not affect the interpretation.

2.5. any agreement by either party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing;

2.6. except where stated otherwise, any obligation of any person arising from this agreement may be performed by any other person;

2.7. in any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party, such cost calculated € 200 per hour.

2.8. these terms and conditions apply to all supplies of health advice and health education by us. They prevail over any terms proposed by you.

2.9. this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.

3. Basis of contract

3.1. In entering into this contract, you have not relied on any representation or information from any source except the definition and explanation of the Services given on Our Website. 

3.2. If you use Our Website in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.

3.3. Subject to these terms and conditions, we agree to provide to you some or all of the Services described on Our Website at the Prices we charge from time to time.

3.4. You acknowledge that you understand exactly what is included in the Services and you are satisfied that the Services you book are suitable and satisfactory for your requirements.

3.5. So far as we allow use of our Intellectual Property, we grant a licence to you, limited to the terms set out in this agreement.

3.6. We do not offer the Services in all countries. We offer services exclusively to residents of the Republic of Ireland. We may refuse to supply a Service if you live in a country we do not serve.

3.7. Subject to all the terms in this agreement, we authorise you to access and use Our Website and to download and print a small part of the content. This licence is conditional not only on your compliance with all of the terms of this agreement, but also on

3.8. Some of our Services are now or may in future, be available to you only subject to additional terms. Those terms will be set out on Our Website. You now agree that if you choose to use any such service, the relevant terms will become part of this agreement.

3.9. If we give you free access to a Service or feature on Our Website which is normally a charged feature, and that Service or feature is usually subject to additional contractual terms, you now agree that you will abide by those terms.

3.10. There is no contract between us for any free Service, so you do not become a patient by using any free Service and we are not liable to you in any way resulting from your use of any free Service.

3.11. Services will be delivered by in-person consultation or by Jane client portal, at our choice.

3.12. You agree that you are bound by these terms (or the latest version of them) for all future contracts with us, whether ordered through Our Web Site or in some other way.

4. Price and payment

4.1. Prices for health advising, consultation, and health education services are inclusive of VAT.

4.2. Emdoc Health does not accept GMS/medical card. Any possible reimbursement from private insurance companies is at the discretion of your insurer.

4.3. The Price of any Service may be changed by us at any time. But we will never change a Price so as to affect the Price charged to you at the time when you buy a Service.

4.4. Charges for Services are fixed whenever it is reasonably possible for us to ascertain the price.

4.5. When we do not provide fixed charges for the Service, we will charge by the hour. In that case any follow-up required or requested by the patient, including additional documentation, letters, e-mails, faxes and telephone calls beyond standard of care made and received will be charged on a time basis in minimum units one quarter of an hour. 

4.6. Payment in full will be due to us at time of booking services.

4.7. Payment may be made by credit card to Our Website.

4.8. Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than Euro will be borne by you.

5. Security of your credit card

We take care to make Our Website safe for you to use.

5.1. Card payments are not processed through pages controlled by us. We use Stripe payment service providers who will encrypt your card or bank account details in a secure environment.

5.2. If you have asked us to remember your credit card details in readiness for your next purchase or subscription, we will securely store your payment details on our systems. These details will be fully encrypted and only used to process your automatic monthly payments or other transactions which you have initiated.

6. Service provision

6.1. The Services are listed and described on Our Website. Once you have paid, we will contact you to tell you what, if any, further information we need from you ahead of your consultation or appointment and confirm appointment bookings.

6.2. Emdoc Health Limited services provided include lifestyle medicine and health education. Our services do not include emergency, urgent, out-of-hours care, primary care or general practice medicine. 

6.3. Our Services will be delivered by Jane telehealth platform, virtual group classes, in-person classes, or in-person consultation or by all of these in the way we have explained in Our Website.

6.4. You may not share or allow others to use the Services in your name.

7. Dissatisfaction with the Services

7.1. Our most important task is to ensure your absolute satisfaction. We will always strive to reach that target. However, we acknowledge that mistakes are made occasionally. This paragraph covers that possibility. If you are not wholly satisfied with the Service, please tell us at the earliest opportunity:

  • 7.1.1 exactly why you think we have failed;
  • 7.1.2 the date, if relevant, of the failure;
  • 7.1.3 when and how you discovered the failure;
  • 7.1.4 the result of the failure;
  • 7.1.5 your suggestion as to action we should take to resolve the situation and restore your faith in us.

7.2. To do this, it is essential that you contact us through Our Website.

AND

7.3. You now agree that you commit a breach of this contract if you seek repayment of money paid to us by asking your credit card provider to credit back a payment made to us, without attempting to seek repayment from us first. In that event, you agree that you will owe us first the sum charged to us by our payment service provider and secondly a sum based on time spent at € 200 per hour in dealing with your breach. You also agree that this provision is reasonable.

8. Confidentiality

8.1. Both parties are aware that in the course of group classes, other members may volunteer private or sensitive information. You will either have access to and be entrusted with information. All of which information is confidential.

8.2. We both now undertake for ourselves and each participant in group classes that we will not divulge to any person whatever or otherwise make use of confidential information.

Confidentiality in Group Classes or Consultations

8.3. As a participant in Group Consultations, both you and the other patients who are sharing the appointment will discuss medical information in the presence of other patients and Emdoc Health Limited staff. This applies equally if attending a group consultation or class, whether in person or virtually, using a secure video and/or audio link to both the main session and any micro consults. Your clinician and other members of your healthcare team. Staff are bound by their employment contracts and professional codes of ethics to respect patients’ confidentiality. 

  • 8.3.1 By agreeing to these terms and conditions, you undertake to respect the confidentiality of the other members of the Group Consultation by not revealing any medical, personal, or other identifying information about others in attendance, after the session is over. If you are attending virtually, you undertake to make sure that others cannot hear or see the group consultation, unless they are your carer who has also signed this form and that it is not recorded by anyone. Your own information, however, belongs to you, and you understand that you are encouraged to discuss your own details with your carer or other family members, as appropriate
  • 8.3.2 You understand that if you have health concerns that are of a very sensitive nature, you may ask to discuss them with clinical staff in a private treatment room, opt for a 1:1 discussion at the end of the session in person or virtually, or to schedule an individual appointment.
  • 8.3.3 You understand that you are under no obligation to share personal information with other patients, or healthcare staff, in a group setting unless you choose to do so.
  • 8.3.4 Prior to participating in group consultation or class, you will be required to sign an additional confidentiality form. If you choose not to sign to the confidentiality agreement, your appointment will be cancelled and you will be refunded. If it is less than 24 hours prior to your appointment, you will be liable for cost of the appointment.

9. Intellectual Property

You agree that at all times you will:

9.1. not cause or permit anything which may damage or endanger our title to the Intellectual Property;

9.2. notify us of any suspected infringement of the Intellectual Property;

9.3. indemnify us for any loss or expense arising from your misuse of the Intellectual Property;

9.4. on the expiry or termination of this agreement immediately stop using the Intellectual Property except as expressly authorised by us in writing;

9.5. not use any name or mark similar to or capable of being confused with any name or mark of ours;

9.6. so far as concerns software provided or made accessible by us to you, you will not:

  • 9.6.1 copy, or make any change to any part of its code;
  • 9.6.2 use it in any way not anticipated by this agreement;
  • 9.6.3 give access to it to any other person than you, the licensee in this agreement;
  • 9.6.4 in any way provide any information about it to any other person or generally.

9.7. not use the Intellectual Property except directly in our interest.

10. Disclaimers and limitation of liability

10.1. The medical information provided on Our Website is for general information purposes only and does not constitute personal medical advice. We claim no expert knowledge in any subject and disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.

10.2. This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies as well as to us.

10.3. If you become aware of any breach of any term of this agreement by any person, please tell us by contacting us through Our Website. We welcome your input but do not guarantee to agree with your judgement.

11. Indemnity

You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:

11.1. your failure to comply with the law;11.2. 

11.2. your breach of this agreement;

11.3. any act, neglect or default by any agent, employee, you or your customer.

12. Dispute resolution

In this paragraph the term “ADR Provider” means an approved body under the European Union (Alternative Dispute Resolution for Consumer Disputes) Regulations 2015.

The following terms apply in the event of a dispute between the parties:

12.1. If you are not happy with our services or have any complaint then you must tell us by email message to an email address which you will find on Our Website.

12.2. If a dispute is not settled as set out above, we hope you will agree to attempt to resolve it by engaging in good faith with us in a process of mediation or arbitration. 

12.3. We can propose an ADR Provider or will listen to your proposal. If you are in any way concerned, you should read the regulations at: http://ec.europa.eu/consumers/odr/

13. Miscellaneous matters

13.1. Our privacy policy is strong and precise. It complies fully with the Data Protection Act 2018 which is at [link to privacy policy] obligations under this contract.

13.2. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it will be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it will be binding in that changed or reduced form. Subject to that, each provision will be interpreted as severable and will not in any way affect any other of these terms.

13.3. The rights and obligations of the parties set out in this agreement will pass to any permitted successor in title.

13.4. If you are in breach of any term of this agreement, we may:

  • 13.4.1 terminate your account and refuse access to Our Website and client portal
  • 13.4.2 remove or edit content, or cancel any order at our discretion;
  • 13.4.3 issue a claim in any court.

13.5. Any obligation in this agreement intended to continue to have effect after termination or completion will so continue.

13.6. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.

13.7. When you visit Our Website or send messages to us by email or through Jane client portal, you are communicating with us electronically. We communicate with you by client portal or by posting notices on Our Website. You agree that all our electronic communications satisfy any legal requirement that such communications be in writing.

13.8. So far as the law permits and unless otherwise stated this agreement does not give any right to any third party.

13.9. Neither party will be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond its reasonable control.

13.10. In the event of any conflict between any term of this agreement and the provisions of the constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement will prevail.

13.11. The validity, construction and performance of this agreement shall be governed by the laws of Ireland and you agree that any dispute arising from it shall be litigated only in Ireland.