Terms and conditions
Last Updated: 04/08/2020
These terms may be changed, for example when regulations change or when we update or modify our services or our charges, in order to ensure that our services are safe and function efficiently. If we do change these terms, we will notify you.
Definitions
Terms and Conditions: refers to the present terms and conditions, applicable to our Services;
Personal Data: means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;
Login Details: refers to the personal identifier of the user;
GDPR: refers to both the Regulation 2016/678 of the European Parliament and of the Counsel of 27 April 2016 applicable from the 25th May 2018 (hereafter ”General Data Protection Regulation” or “GDPR”) and the Law n.°58/2019 of the 8th of August in application of the GDPR for Portugal;
Parties: refers to Healphant and to the User;
Health Professionals: refers to the professionals intervening in the Health sector, and who are presented on this website;
Services: refers to all the Services offered by Healphant which are offered to the User through the site;
Directory Services: refers to the free service of facilitating the search of health professionals offered to the User by Healphant through the website;
Appointment Services: refers to the Service of booking an appointment with health professionals offered to the User by Healphant through the website;
Website: refers to the site http://app.healphant.com;
Platform: refers to the web application http://app.healphant.com;
User: refers to all physical person using the Website and access the Services offered by Heaphant through the website.
Failure to accept these Terms And Conditions, or any provision thereof, entails the User’s obligation to immediately cease using the platform and the services provided through it.
About Us
Healphant, owned by Friendly and Useful, LDA, registered under NIPC 516190385, is a company that aims to make trustworthy health services accessible to anyone, anytime, and anywhere. To achieve this goal, we connect patients and medical professionals and give them a platform to make routine, non-emergency communication, organise their time-schedules and set-up digital consultancies outside of emergencies. Medical Professionals can therefore efficiently reach-out to a wider range of patients. Patients can easily have access to health services at all times. With this in mind, please note that we are not an emergency service: in case of emergency please call 112.
Object of the T&C
These terms cover all the services we provide to you through our healthcare app or other platform (“App”) and Websites. When you use the App, as a patient you may access the service to find a particular Medical Professional (“Find your Medical Professional Service”), to find the Medical Professional best suited to your case (“Find a Medical Professional Service”), to communicate with the found Medical Professional and to hold video-consultancies (“Consultancy Service”). As a medical professional you may use the app to organise and hold medical consultancies through your registered account, or look at the issues presented which you may solve. Any reference to “Healphant”, “our”, “us”, “we” and “Company” refers to the company Healphant.
Capacity
By using the Platform, you confirm that you are older than 18 years of age. Parents can use the Platform for their children under 18 years of age, in which case it is the parents who shall communicate with the Medical Professionals. The Platform is only addressed to Users who have the capacity to follow the obligations set by Portuguese Law.
Services
Healphant put all the necessary means for the quality and the fluidity of the functioning of the Services. Healphant takes the necessary measures to the maintenance and the continuity of its Platform. The User recognises that their use of the Service is of their responsibility, as they do not warranty their availability or regularity. The Platform allows the User to use the Service of finding a Medical Professional, of communicating about the issue with the Medical Professional and of Paying for the consultation. Equipment or tools used to access the Service is at the User’s expense, as are any costs relating to electronic communications resulting from the use of the Service. The User is solely responsible for the price of the said Equipment or tools. The User recognises that the Platform offers Services which have a financial cost. This includes payment for the consultation at a fixed price decided ahead of the consultation. Healphant does not warranty the User will necessarily find the right Medical Professional for their issue.
Service Interruption
The Service may be interrupted by issues relating to computer hardware or software, internet coverage, or other events beyond its direct control. Healphant will strive to solve any such issue rapidly, where possible. The speed of response of information exchanged through the platform through the Internet is not guaranteed by Healphant. Any software downloaded by the User, or obtained in any other way during the use of the Service is of the responsibility and the risk is borne by the User.
Registration and Permitted activities
Only patients seeking medical consultations for themselves or for any person for whom they are the legal representative. The User agrees not to use the Platform for any other purpose than to communicate with Medical Professionals about their medical issue, or with Healphant about any question they may have on the functioning of the Platform. The User agrees not to attempt, aid or assist in circumventing our security measures and safeguards, in place to protect the security of Users and of their data. The User is responsible for giving the accurate and necessary information for the organisation of a consultation through the Platform.
Account Termination
Where the User gives false, inaccurate, incomplete or no longer valid information, or information with the intent to mislead, Healphant has the right to terminate the account immediately and without prior notification, as well as refuse the User access to the Service whether temporarily or indefinitely. Any Use of the Platform which is not allowed in the present Terms may result in the immediate termination of an account.
Access to our services
Upon registering, you will provide us with your preferred email address, which will allow us to communicate any important information on the handling of your case, from the posting of the issue to the payment for the consultation. When the consultation ends, you will also receive an email notifying you that a secured report is available through your account. Please choose the adapted email address, to make sure you can access it at all times in adequate surroundings, as explained in “Technical requirements”. Healphant is not responsible for any cancellation or unavailability of the Health Professional following the organisation of an appointment by the User through the Platform.
Personal Data
Healphant takes the security of your account and personal data very seriously. However, keeping data secure also relies on your attention while registering and communicating on the Platform. For instance, please make sure that you have shared the right email address when registering and inform us if you change email address. Please also keep your password and username confidential, and protected from unauthorised people. If you have reason to believe that there has been a breach in security or that someone has accessed your password, inform us in the shortest possible delay.
Limitations on service provisions
This Agreement shall be construed and regulated under Portuguese Law. The court of Lisbon shall have jurisdiction over any litigation resulting from the present contract.
Payment
Payment for consultations is made through a third party, over which Healphant exercises no control, nor assumes any responsibility for the content of the third party websites. Healphant is not responsible for the malfunctioning of third party Services or modification in their functioning.
Brand and Creative Material
The content and graphics of the Platform, including but not limited to, all the content in text format and other material, transmitted in any form by and to you (by direct viewing on the Platform, by newsletters or by any other material directly or indirectly related to the Platform) belong to Healphant and its partners. Users understand and agree that Healphant is exempt from any liability for materials, data and information, but not limited to, taken from any official sources including those that have been published for the purpose and nature of “press releases”. Users undertake to respect all copyrights and related rights and any other intellectual property rights that Healphant and its partners own over / in connection with Healphant, its Content, the Service any module or component thereof or in connection with their use. Users understand and accept that in case of violation of any of the above provisions in any measure, they may be held liable to the authors / owners of the Content of the Platform.
Governing law and jurisdiction
The User is informed that the Platform is addressed to patients residing in Portugal. This Agreement shall be construed and interpreted by the laws of Portugal. The court of Lisbon shall have jurisdiction.