These Conditions govern the use of the TELEMEDICUM service provided by the company Medi Clinic Luxury Sagl - a company incorporated under Swiss law in Lugano (Switzerland), at Corso Elvezia n. 9/A, 6900, CHE322904259 in partnership with the company Doctorium S.r.l., company under Italian law, with registered office in Catanzaro (Italy) at Via Vercillo P VAT 03504140793

1. SCOPE OF THE SERVICES
TELEMEDICUM, through the digital platform provided by Doctorium, provides Telemedicine services, or offers healthcare services, through the use of innovative technologies, in situations where the health professional and the patient are not in the same locality.
Telemedicine, in fact, allows you to bring the doctor’s service directly to the patient’s home, without the patient himself being forced to go to the doctor’s office and without the latter moving away from his workplace. In this way, therefore, Telemedicine improves the quality of the supply of health services by ensuring equal access to care and the availability of qualified health care even in remote areas difficult to reach.
It is specified that, although Telemedicine services can be assimilated to any diagnostic/ therapeutic health service, the provision in Telemedicine does not replace the traditional health service in the personal doctor-patient relationship, but complements it.
Access to and use of the Telemedicum service implies the express and unconditional acceptance of the same terms and conditions as well as the relevant legislation by the visitor. The user is obliged, before accessing the services provided by the site, to read these terms and conditions that are generally and unequivocally accepted at the time of accession.


2. DESCRIPTION OF SERVICES
2.1. GENERAL DESCRIPTION OF THE SERVICES OFFERED TELEMEDICUM
Through the digital platform provided by Doctorium, within the category of Telemedicine specialist, offers a consulting service (Tele-Visit also said video consultation) with a specialist doctor, a psychologist /psychotherapist, a biologist, a nutritionist (hereinafter a specialist) on line and on demand, 24 hours a day, available through the dedicated website available on www.telemedicum.ch and including the following services:

A. Tele-Visit with a specialist
B. Upload clinical document sto your personal page
C. Clinical archive and personal area online

2.2. MODALITIES OF ACCESS TO TELEMEDICUM AND REGISTRATION
The services offered by Telemedicum can be usedthrough any device with Internet connection.
The contract between the user and Telemedicum is concluded directly through the customer’s access to the website www.telemedicum.ch where, following the procedures indicated, will be supported at the conclusion of the contract for the purchase of the service.
The user, landing on the home page of 'Telemedicum', will first choose the area of specialization in which he intends to ask the television. Below, the user will make the registration and, once the registration and payment of the video consultation, will be automatically directed to the Doctorium platform where he must confirm his personal data by creating his own account.
To register, the user must enter the requested data, accept the terms of service and the privacy policy and authorize the processing of personal data.
The user will receive an email confirming the registration and a temporary password sent by SMS and generated randomly by the platform, which must be replaced at the first access with a personal password.

2.3.LA TELEVISITA E GLI ALTRI SERVIZI OFFERTI
a) Television
On Telemedicum you can buy a Tele-Consultation (also called Video Consultation) with a specialist registered with an Italian doctor’s order but, on request, the television can also be made in English.
Telemedicum offers, every day from 07 to 23, the service of Tele Specialist visits that are a medical act in which the doctor interacts remotely with the patient. The medical act of diagnosis resulting from the Tele-Examination may give rise to the prescription of medicines or treatments. During the Tele-Visit a health care professional close to the patient can assist the doctor. The connection must allow to see and interact with the patient and must take place in real or delayed time.
The user, who has already purchased the video consultation by choosing a specific area of specialization, can ask to make the specialist television on a specific day and/or time.
Telemedicum undertakes to provide the possibility to carry out the tele-visit from a few minutes later up to a maximum of 72 working hours from the time of the request with a warning that, where the said deadline should not be respected for reasons not attributable to the user, Telemedicum itself will reimburse the cost of the television.
It is understood that, of course, the user can freely decide to make television even after the said 72-hour period from the request. Between 07:00 and 22:00 of each day, from a few minutes and up to a maximum of 3 hours from the time of request, the user will be contacted by Telemedicum customer service to fix the television on the day and time required. Then the user will be redirected to the Doctorium platform where he can make the Tele visit.
The duration of the Tele-Visit is 30 minutes. It can be prolonged, at the discretion of the specialist doctor, at no additional cost. The user can cancel the reservation of the televisit up to a maximum of 24 hours before the date and time set. In this case, the total amount is refunded. On the other hand, after the said maximum period, the consultation is considered to have been carried out.

b) ) Upload of clinical documents
The user, during the Television, can perform the Up-Load of his clinical documents (e.g. blood tests; radiographs; TAC; magnetic resonances etc. ) on your personal page. You can upload up to 1 GB of documentation per consultation.
The user hereby declares to exempt and release the company from any liability for any prejudices/ damages/ risks related to the up load of documents.
The user, at the end of the Tele-Visit will receive a specialist opinion that will always be available in its reserved area.
The user can contact, if necessary, the same specialist with whom he made the television for the next 7 days to date from the moment of the same television through the chat present within the video consultation area.

c) Clinical archive and personal area
For clinical archive is the space in which all the documents (tele-reports) that doctors release to the user at the end of the television.
These documents can be downloaded in pdf format for printing.
The clinical archive is located within the user’s personal area which is the area of the platform accessible via username password and possible two-factor authentication.
Telereports shall be kept in the clinical records for five years from their issuance.

2.4. SUBJECTS WHO CAN USE THE SERVICE PROVIDED BY TELEMEDICUM
All persons over the age of 18, where, in the case of minors, membership may be carried out exclusively by the person exercising power, who at the same time assumes all and any responsibility in relation to the data and information provided, declarations, decisions taken and guarantees given.

3. COSTS AND METHODS OF PAYMENT
3.1. COST OF THE TELE-VISIT SPECIALISTIC
The Tele-Specialist Visit has a maximum duration of 30 minutes, is carried out with a specialist and has a cost of 180 all-inclusive francs that must be paid in advance by credit card.
Please note that the payment made by the user has a 'booking effect' or if Telemedicum fails to offer the television within 72 hours from the time of request, the sum will be refunded on the same credit card used for payment.
The user can, within 24 hours before the Tele-Visit, cancel the same receiving a refund of the entire amount paid. After that date, the televisit shall be deemed to have taken place.
Where the date and time fixed for the tele visit does not exceed 24 hours from the moment of the request, the user may cancel the tele visit in good time and in any case at least one hour before the fixed time in order to obtain a refund. After that date, the televisit shall be deemed to have taken place.
In case of impossibility to make the Tele-Visit for reasons attributable to the platform, the sum paid will be released and returned to the customer.
In any case, the prices applied are those indicated on the Site at the time of the purchase order by the Customer.

3.2. INVOICE
User, at the end of the Tele-Visit, will receive two tax documents: one for the specialist medical service and one for the IT services and related services provided by the system, always for a total of 180 francs all-inclusive.
The Tax Documents shall bear a serial number and, as a date, the date of opening and closing of the Tele-Visit. At the end of the Tele-Visit, the user will receive two tax documents: one for the specialized medical service that will be issued automatically on the closing day of the video consultation but will be visible to the user within 10 days from the same closing of the video consultation and one for the IT services and related services provided by the system to Balance of 180 Swiss francs will be


4. THE GUARANTEES
4.1. DISCLAIMER OF LIABILITY BY THE COMPANY
The user, by express and conscious acceptance of these terms of service, takes note of and declares itself fully aware of the fact that in no case and in no way the service can replace the objective examination or the frontal examination with a doctor or with a psychologist/psychotherapist.
The User acknowledges that these conditions govern exclusively the booking service offered by the Software, without interfering with the healthcare offered by medical specialists.
Therefore, the User expressly waives to make claims against Telemedicum for damages all, direct and indirect, patrimonialand non-patrimonial, to the latter who may be caused by the negligent or malicious behaviour of medical specialists during television, as the company is in no way and for no reason responsible for the response/ diagnosis/ prognosis/ prescription provided by specialists who assume full and total personal responsibility.
The development of distance communication technologies allows e-health interventions but, due to the complexity and specificity that characterizes them, require the user to have the availability of appropriate technologies and the possession of particular skills in their use.
Therefore, the user hereby declares to exempt the company from any liability arising from the total and/or partial non-functioning of the platform due to lack and/or partial coverage of the Internet service, through which the service works properly.
The user also declares, to exempt the company from any liability arising from the improper - however understood - use of the Internet connection and/or the tools that use the aforementioned connection also declaring expressly aware of the current criminal laws provided for this by the Legislator.

4.2. LIMITATION OF LIABILITY CLAUSE ON THE PART OF THE COMPANY
The liability of the company will only exist in cases of intent or gross negligence attributable directly to fact/act of the company it self.
The user acknowledges that the company will have no responsibility towards him, or the persons authorized by him to carry out tele visits for any prejudice/ risks/ damages of any kind and for any reason suffered by both.
The company is also not liable for delays, interruptions or suspensions of service, and in general for the company’s failure to perform any obligation it has entered into, caused by circumstances beyond its control and, Anyway, out of your reasonable control.
The customer must independently equip himself with equipment and programs suitable for connection to the Internet. Should the customer no longer be able to view part or all of the Site, no charges or liability can be attributed to Telemedicum.
Telemedicum reserves the right to suspend the visibility of the Site in all or even part of its functions in relation to all the needs related to the efficiency and safety of the same.
The company will also not be responsible to the user, or third parties, for any disruption and/ or prejudice and/ or damage of any kind and title, outside its sphere of competence and, in particular, deriving from the lack of respect or lack of knowledge, by the User, of the technical-procedural specifications of the service. For this purpose, the user, accepting these conditions of service and starting the purchase of the video consultation declares to be available to receive the service in telemedicine because its 'technological profile', that is, its knowledge and ability to use computer tools, allow it.
The same declares:
– To know how to use or is able to learn to use digital communication tools (e.g. smartphones, tablets, computers with webcams);
– to be autonomous in the use of such tools (physical and cognitive disability could limit their possibility);
– if you need help, have a family member or caregiver who is qualified to use such tools and technology;
– – To have the tools and an internet connection, suitable for the use of the telemedicine system.

4.3. CLASUOLA DI SALVAGUARDIA
The Telemedicum service is provided through the Doctorium platform, therefore the user, by subscribing to these terms of service, declares to expressly accept and be fully aware that, despite the fact that the Telemedicum service and the Doctorium platform are protected against possible attacks by hackers or viruses, and take all the precautions provided for by current regulations, Risks related to the storage and transmission of any type of information through a public telecommunications network such as data theft, cloning, loss, malware, phishing and more can remain.

5. EMENDMENT OF THE CONDITION OF SERVICE
Telemedicum reserves the right to modify unilaterally or simply update, in whole or in part, at its sole discretion, these Terms of Service, in the case of adaptation of the same to regulatory or regulatory provisions or for own organizational needs without need of notice. The changes and updates of the general conditions of use will be binding as soon as they are published on the website www.telemedicum.ch, which will in effect serve as a notification to all customers/users.
As the terms, conditions and their revisions are binding for the visitor of the site, the latter is required to consult them periodically to take note of the updates. In the event that the User does not accept the new terms and conditions of the site, he is obliged not to use the services offered.

6. SUSPENSION OF CLOSURE AND CANCELLATION OF AN ACCOUNT
Telemedicum reserves the right and the right to suspend, close or delete an account at any time and without notice if they are made, at its sole discretion, conduct contrary to the contractual conditions without this being considered by the user or by the specialist to be directly and/or indirectly prejudicial/detrimental.

7. APPLICABLE LAW, ARBITRATION CLAUSE AND COMPETENT COURT
For matters not expressly regulated by these terms of service, please refer to the general rules of Swiss law.
Any dispute relating to the application, execution, interpretation and violation of the contract concluded online by the Customer with Telemedicum is subject to Swiss jurisdiction.
Any disputes relating to the use of the Telemedicum service will be referred in advance to a panel of internal litigation company that will assess the dispute - also possibly hearing the user who can submit memories and documents - and will provide a written response. If no agreement is reached, a possible mediation will be attempted at an accredited body based in Lugano. In extrema ratio, the place of jurisdiction is Lugano.

8. COMMUNICATIONS
The Company and the User agree that all communications relating to the Telemedicum service will be validly and fully effective where published on the website www.telemedicum.ch and, in relation to those of a personal nature, made by e-mail, to the addresses indicated by the User during registration.
9. TPROOTECTION OF PRIVACY
Regarding the protection of personal data and related rights, please refer to the specific information available on the website www.telemedicum.ch.

INFORMATION FOR THE USE OF TELEMEDICINE
By subscribing to this policy I have been informed of the following:
Telemedicine uses medical equipment, information technology and electronic communication technologies that allow to provide reporting services through the help of clinical facilities located in other locations. The doctor who reports the data isn’t physically in the same room with me. The doctor or the nursing and technical staff will be able to attend the examination for every phase necessary for success.
Telemedicum guarantees that the specialist you will use is a doctor registered to one of the Italian orders and practical in the subject matter of the medical service I requested. I am, in any case informed that the responsibility for the examination will depend on the specialist doctor.
The collected clinical, biological, audio and video data necessary for the purpose of the objective to be achieved, can become part of the documents and material of the doctor who makes the video consultation. They must be used only for the purpose of documentation or health care by all those involved in the passage of information in order to perform the requested service and for any other organizational and administrative aspects but only within the limits required by reason of the purpose of collection and processing.
I have been informed and therefore aware that telemedicine services and services are assimilated to any other diagnostic/therapeutic/care/rehabilitation services or services, and as such must always respect all the rights and obligations of any health act even if, the telemedicine services do not completely replace the traditional care services, but complement them to improve their effectiveness, efficiency, appropriateness and sustainability.
I have been informed that there are alternative methods to carry out the examination and, in particular, that I can apply to National Health Service facilities, companies affiliated with the health service and/ or companies and private laboratories that provide the service with traditional methods but I chose the video consultation as a form to consult a doctor and therefore I declare right now to be available to receive the service in telemedicine since my 'technological profile', that is my knowledge and ability of use of the computer tools, they allow it.
I declare to this end:

– I know how to use or be able to learn to use digital communication tools (e.g. smartphones, tablets, computers with webcams);
– to be autonomous in the use of such tools (physical and cognitive disability could limit their possibility);
- if you need help, have a family member or caregiver who isqualified to use such tools and technology;
– to have the tools and an Internet connection suitable for the use of the telemedicine system.
Through Telemedicum I can access my medical information on Doctorium.
I can review all medical information documented during a telemedicine meeting and I can obtain a copy of this information in accordance with current regulations.
I am aware that, if deemed necessary by the specialist, cognitive and intervention tools may be used for the prevention, diagnosis, and treatment of medical and/or psychological pathologies.
I am also aware that the health professional may, if he or she deems it necessary, advise him or her to seek advice from other health professionals bound by professional secrecy.
The user can orally express their disagreement. In this case, the trader does not assume responsibility for the choice and/or processing in question.