About these Terms

These Terms & Conditions govern your access to and use of the Mobi Doctor website, mobile and tablet applications and associated digital services (together, the “Platform”), operated by Mobidoctor LTD, an information technology (IT) company registered in Malta under company number C90869 (the “Company”, “Mobidoctor LTD”, “Mobi Doctor”, “we”, “us” or “our”).

Mobidoctor LTD Tower Street 2nd floor Tower Business Center, Swatar, BKR4013

You accept these Terms and our Privacy Policy by confirming them when you create an account and when you place an order. If you use the Platform without an account, these Terms govern that use.

If you do not understand or agree with these Terms, you must not use the Platform or Services and should cancel any existing booking in accordance with the cancellation provisions below.

We may suspend or terminate access to the Platform where we reasonably believe these Terms have been breached, the Platform has been misused, or suspension is required for legal, regulatory, clinical-safety, fraud-prevention or security reasons. Suspension or termination does not affect any refund or other right relating to a Service you have already paid for, except where the Service cannot be provided because of your fraud, abuse or material breach and withholding a refund is permitted by applicable law.

Emergency care

Mobi Doctor must not be used in a medical emergency. If you believe that you or another person is experiencing a medical emergency or a life-threatening condition, call 112 or the applicable local emergency number immediately or attend the nearest emergency department. Emergencies include, for example:

• Difficulty breathing
• Severe or uncontrolled bleeding
• Severe chest pain
• Loss of consciousness
• A suspected heart attack or stroke
• Acute confusion, seizures or fits that are not stopping

If a Practitioner reasonably believes during a consultation that emergency assistance is required, the Practitioner or the Company may contact emergency services or advise you to seek urgent in-person care.

Availability and territory

The Platform is available only to users located in the eligible European Union Member States in which Mobi Doctor makes the relevant Service available, as shown on the Platform.

Availability of a particular Service, treatment option, document or prescription may vary by country and is subject to applicable local law, professional requirements, clinical suitability and pharmacy acceptance.

You must be physically located in an eligible country at the time of each assessment or consultation and must provide accurate information about your current location when asked. We may refuse, pause or end a Service where your location cannot reasonably be established or where the Service cannot lawfully or safely be provided in that location.

Definitions

“Platform” means the Mobi Doctor website, mobile and tablet applications and associated digital services.

“Company” means Mobidoctor LTD, registered in Malta under company number C90869.

“Customer”, “you” or “your” means the individual using the Platform or purchasing or receiving a Service.

“Practitioner” means an appropriately licensed and registered medical professional engaged by Mobidoctor LTD to carry out medical assessments and consultations through the Platform and who exercises independent professional and clinical judgement.

“Service” or “Services” means a Platform-based service booked from Mobidoctor LTD, under which Mobidoctor LTD provides and administers the Platform and its associated non-clinical functions, and a Practitioner carries out any medical assessment or consultation and makes all related clinical decisions. Where clinically appropriate, a Service may result in medical documentation, including a prescription or referral.A prescription is a possible clinical outcome and is not a product or service purchased from Mobidoctor LTD.

“Consultation” means a live video consultation or a questionnaire-based medical assessment, which may include secure two-way messaging and the upload of images or video where relevant.

“Session” means a defined period of live consultation time made available through the Platform.

Nature of the Service and payment model

Mobidoctor LTD is an information technology (IT) company that operates the Mobi Doctor platform and provides Customers with access to online medical assessments and consultations carried out by Practitioners.

Customers contract with and pay Mobidoctor LTD for the Services made available through the Platform; for each Service, Mobidoctor LTD is the Customer’s sole commercial contracting and payment counterparty. Mobidoctor LTD does not itself practise medicine; all medical care within the Services is provided by Practitioners. All amounts paid by Customers to Mobidoctor LTD for those Services constitute revenue of Mobidoctor LTD and are received by Mobidoctor LTD for its own account.

Medical assessments and consultations are carried out by appropriately licensed and registered Practitioners engaged by Mobidoctor LTD. Practitioners exercise independent professional and clinical judgement in all medical matters, including diagnosis, treatment recommendations and whether a prescription is clinically appropriate.

Practitioners are engaged and remunerated by Mobidoctor LTD under their own arrangements with the Company.

Overview of the Platform

The Platform enables individuals in eligible countries to access medical assessments and consultations with licensed medical Practitioners through secure digital communication.

Depending on the individual clinical assessment, a Practitioner may provide medical advice, recommend treatment, request further information or investigations, provide a referral or other medical document, issue a prescription where clinically appropriate, or recommend in-person or emergency care.

No particular diagnosis, treatment, prescription, medical document or other clinical outcome is guaranteed. Payment for a Service does not entitle a Customer to a prescription or to any particular treatment.

The Company provides the digital infrastructure and supporting services needed to deliver the Services, including registration, appointment booking, billing and payment administration for the Services, secure communications, electronic medical-record infrastructure, customer support and administrative and compliance functions. The Company does not direct or interfere with a Practitioner’s independent clinical judgement.

Internet and technical requirements

You are responsible for having a suitable internet connection and compatible device to use the Platform. We recommend a stable internet connection sufficient for secure video and messaging functionality.

The Platform does not guarantee that a connection can always be established or maintained. Technical issues, maintenance, availability or other operational factors may interrupt or prevent access to a Service. Where a consultation cannot proceed, we will use reasonable efforts to reschedule or provide an appropriate alternative in accordance with these Terms.

Information you provide

You are responsible for providing complete, accurate and current information about your identity, medical history, symptoms, current health, allergies, medications and any other information reasonably requested for a medical assessment or consultation.

Clinical advice and decisions depend on the information available to the Practitioner. Withholding or providing inaccurate information may affect the safety or accuracy of the assessment and may result in a Practitioner declining to provide treatment or issue a prescription.

You must keep your account information current, including your name, email address, postal address, mobile telephone number and payment or billing details where applicable.

Consultations and assessments

Services may be provided by live video consultation, questionnaire-based medical assessment or another clinically appropriate remote consultation method made available through the Platform.

The applicable fee for each Service will be clearly displayed before payment. By proceeding with a purchase, you agree to pay the amount shown for the selected Service.

Before placing an order, you will be shown the selected Service, the total price and the information you have entered, and you can review and correct input errors before confirming. You will be asked to confirm your acceptance of these Terms and to acknowledge that placing the order creates an obligation to pay.

A contract for a Service is formed when your payment has been authorised, and Mobidoctor LTD sends you a booking or order confirmation identifying the Service purchased and the amount paid. Mobidoctor LTD may decline an order where the Service is unavailable, the information supplied cannot be verified, the Service cannot lawfully or safely be provided, or fraud or misuse is reasonably suspected; if payment has already been taken for a declined order, the amount paid will be refunded.

Live video consultations are provided for the consultation period made available at booking. If additional consultation time, a separate follow-up Service or another separately chargeable Service is required, any additional charge will be disclosed before you agree to purchase it.

No consultation or communication should take place outside the Platform unless expressly arranged or authorised by Mobidoctor LTD for legitimate clinical or administrative reasons.

Prescriptions and medication

Payment for or completion of a medical assessment or consultation does not guarantee that a prescription will be issued. Whether a prescription is clinically appropriate is determined solely by the treating Practitioner in the exercise of independent professional and clinical judgement, based on the information available, the Customer’s individual circumstances and applicable prescribing requirements.

All fees paid by Customers to Mobidoctor LTD are for access to the medical assessment, the consultation and the associated Platform Services. Customers do not purchase prescriptions or medication from Mobidoctor LTD, and no part of a Customer’s payment constitutes payment for medication.

Mobidoctor LTD does not sell, manufacture, stock, supply, dispense or deliver medication and does not operate an online pharmacy.

Where a Practitioner determines following an appropriate medical assessment that a prescription is clinically appropriate, the prescription may be issued in accordance with applicable law and professional requirements.

Where applicable under the Platform’s prescribing rules, a single prescription may contain no more than three medicine items.

If a prescription is issued, it will be made securely available to the Customer through the Platform. An email or other notification may be sent to inform the Customer that the document is available. The prescription itself is not sold or physically delivered by Mobidoctor LTD.

Any medication prescribed must be obtained separately by the Customer from an independent pharmacy. The pharmacy is independent from Mobidoctor LTD, determines whether it can lawfully accept and dispense the prescription, and determines the price of any medication supplied. The Customer purchases and pays for any medication separately and directly from the pharmacy.

Mobidoctor LTD does not collect or receive payment for medication on behalf of pharmacies and does not receive any part of the payment made by the Customer to an independent pharmacy for medication.

Mobidoctor LTD does not guarantee that a prescription will be accepted or dispensed by every pharmacy or in every country. Acceptance and dispensing are determined by the pharmacy and applicable local requirements.

Medicines legally classified as narcotic drugs or controlled psychotropic substances under the laws applicable to their prescribing or intended dispensing are not prescribed through the Platform. All other prescribing remains subject to the treating Practitioner’s clinical assessment and applicable legal and professional requirements.

Mobidoctor LTD also does not guarantee that an employer, insurer, hospital, specialist, airline, public authority or other third party will accept or act on a prescription, referral, sick note, medical certificate or other medical document.

This does not affect your rights where a document is inaccurate, incomplete, technically defective or not lawfully usable because of an error by Mobidoctor LTD or the issuing Practitioner. In that case, we will use reasonable efforts to have the document corrected or reissued promptly; where it cannot reasonably be corrected or reissued, any refund required by these Terms or applicable law will be provided.

A prescription must be used only by the person for whom it was issued and in accordance with the prescribing Practitioner’s instructions. If you have questions about a prescription or medication, you should contact the prescribing Practitioner, another appropriate doctor or a pharmacist.

Informed consent to remote care

By using a medical assessment or consultation Service, you consent to receiving medical assessment and care from Practitioners remotely, and acknowledge that:

• you understand the nature, scope and limitations of remote medical assessment and consultation;
• clinical decisions are based on the information reasonably available to the Practitioner;
• a Practitioner may determine that remote assessment is insufficient and recommend in-person care, further testing or another healthcare service;
• a Practitioner may decline to issue a prescription or recommend a treatment where it is not clinically appropriate;
• you may ask questions, decline treatment or seek a second opinion or in-person medical advice at any time.

Fees and payment

All charges for Services are payable to Mobidoctor LTD. By purchasing a Service, you authorise Mobidoctor LTD and its payment service providers to charge the payment method selected by you for the amount displayed before payment.

Customer payments are received by Mobidoctor LTD for its own account and constitute revenue of Mobidoctor LTD.

Mobidoctor LTD does not ordinarily accept payment directly from insurers unless a specific arrangement has been agreed in writing.

You remain responsible for charges validly incurred through your account, including where a payment fails or is reversed, subject to your legal rights and any applicable refund.

Refunds, cancellations and missed consultations

If, following an assessment or consultation, the Practitioner determines that your condition cannot safely or appropriately be treated through the online Service, the applicable consultation or assessment fee will be refunded in full and you will be directed to appropriate alternative or local care. This is in addition to the cancellation rights described below.

If you cancel a scheduled live consultation at least 12 hours before the scheduled consultation time, the consultation fee will be refunded.

No refund is normally provided for a missed consultation or for a cancellation made less than 12 hours before the scheduled consultation time, except where required by law or where Mobidoctor LTD agrees otherwise in the circumstances.

Where a Service is completed and results in medical advice rather than a prescription, that is a completed Service and does not by itself create a right to a refund, unless the Practitioner has determined that the condition cannot safely or appropriately be treated online as described above.

If Mobidoctor LTD cancels a purchased Service, or cannot provide it because of a failure within Mobidoctor LTD’s systems or operations, you may choose an available replacement appointment or a full refund.

A questionnaire-based assessment may be cancelled for a full refund at any time before a Practitioner begins reviewing the submitted information. Once clinical review has begun, the provisions applying to completed assessments apply.

Approved refunds are made to the original payment method without undue delay; the time for the funds to appear may depend on your payment provider. Duplicate payments for the same booking are refunded in full.

Where a statutory right of withdrawal applies to a purchase, any consent to immediate performance and its effect on that right will be presented to you at checkout, and nothing in these Terms limits any such right.

Practitioners and clinical independence

All Practitioners providing consultations through the Platform are appropriately licensed and registered medical professionals. Mobidoctor LTD verifies each Practitioner’s professional registration and required professional-indemnity arrangements before the Practitioner provides consultations through the Platform, and re-checks them at reasonable intervals.

Each Practitioner is required to maintain their own professional indemnity insurance covering the clinical work they carry out through the Platform, including remote medical assessments, consultations and prescribing.

Practitioners exercise independent professional and clinical judgement and are individually responsible for their medical decisions and advice. Mobidoctor LTD does not direct or interfere with that clinical judgement.

The Platform may allocate an available Practitioner to a Customer. A Customer may not always be able to choose a particular Practitioner, and the availability of any individual Practitioner is not guaranteed.

You will be able to see the treating Practitioner’s name and professional title before or at the start of a consultation and in your consultation record. You may obtain the treating Practitioner’s country of registration, registration authority and registration details, together with information about professional-indemnity arrangements, by contacting [email protected].

Your account

You may use the Services only if you are at least 18 years old and legally capable of entering into a binding contract.

You must create an account and provide accurate information. You are responsible for maintaining the confidentiality and security of your account credentials and for activity carried out through your account.

You must notify us promptly if you become aware of unauthorised access or suspected misuse of your account. You must not share your account or credentials with another person.

One individual may hold only one personal patient account unless Mobidoctor LTD expressly permits otherwise.

Security and acceptable use

You must not misuse the Platform or attempt to compromise its security, availability or integrity. In particular, you must not:

• access data, systems or accounts you are not authorised to access;
• probe, scan or test vulnerabilities without permission;
• introduce malware or interfere with the operation of the Platform;
• forge identifiers, impersonate another person or misrepresent your identity;
• use the Platform to send unlawful, abusive, defamatory, threatening, discriminatory, obscene, fraudulent or unsolicited content;
• infringe intellectual-property, confidentiality, privacy or other legal rights;
• collect or disclose another person’s personal information without lawful authority;
• use bots, scripts, automation or other technical means to create accounts, initiate payments or make, hold or cancel bookings;
• reserve or hold consultation availability without a genuine intention to use and pay for the Service, deliberately block appointment availability or interfere with the fair allocation of consultation slots;
• create or operate multiple accounts to circumvent booking, payment, promotional, prescription or security restrictions;
• submit repeated, false or abusive booking or payment requests, or misuse chargeback or payment-dispute procedures;
• provide false information in an attempt to obtain medication, prescriptions or medical documents;
• record, photograph or distribute a consultation or any part of it without the treating Practitioner’s consent, except where applicable law provides otherwise;
• use the Platform in violation of applicable law or these Terms.

Where we reasonably believe this section has been breached, we may cancel affected bookings, restrict or suspend accounts and take reasonable fraud-prevention or security measures, subject to applicable law and to any refund rights that cannot lawfully be excluded. We may investigate suspected misuse and cooperate with competent authorities where required or permitted by law.

Electronic medical records

An electronic medical record may be created and maintained in connection with your use of the Services. It may include information you provide, consultation records, symptoms, medical history, diagnoses, allergies, medicines, Practitioner notes, medical documents and other clinically relevant information.

You are responsible for the accuracy of information you provide. Access to and use of medical records is governed by applicable law and our Privacy Policy.

General medical information and communications

The Platform may provide general health information, educational material, newsletters, surveys or other communications. General medical information is provided for educational purposes only and is not a substitute for individual medical advice, diagnosis or treatment.

Where marketing or informational communications require consent, they will be sent only where the appropriate consent or other lawful basis exists. You may opt out of non-essential marketing communications at any time.

Operational functionality

Mobidoctor LTD determines the operation and functionality of the Platform and may update, suspend, modify or discontinue features or Services where reasonably necessary, subject to applicable legal obligations and the rights of Customers who have already purchased a Service.

Medical records, consultation communications and clinically relevant documents are retained, accessed, corrected, restricted and deleted only in accordance with applicable law, professional medical-record obligations and our Privacy Policy. Closing your account does not require Mobidoctor LTD to delete information that must be retained for legal, regulatory, clinical-safety, complaint-handling or record-keeping purposes.

Licence to use the Platform

Subject to these Terms, Mobidoctor LTD grants you a limited, personal, non-exclusive, non-transferable and revocable licence to access and use the Platform for its intended purpose.

You must not, except where permitted by law or expressly authorised by us:

• licence, sell, rent, lease, transfer, assign, distribute or commercially exploit the Platform or Services;
• modify, reverse engineer, decompile or create derivative works from the Platform;
• use the Platform to build or assist a competing service;
• copy, republish, distribute or commercially use Platform content except as permitted by these Terms or applicable law.

Third-party links and services

The Platform may contain links to third-party websites or services for convenience or informational purposes. Mobidoctor LTD does not control those third parties and is not responsible for their content, availability, privacy practices or terms. Access to third-party services is at your own risk and subject to their own terms.

Independent pharmacies are third parties and are not controlled by Mobidoctor LTD. A pharmacy’s decision to accept or dispense a prescription, the medication supplied and the amount charged for medication are matters between the Customer and the pharmacy, subject to applicable law.

Intellectual property

The Platform and its content, software, design, branding, text, graphics and other materials are owned by or licensed to Mobidoctor LTD and are protected by applicable intellectual-property laws.

Except for your own records and information, you may not copy, modify, reproduce, publish, distribute, sell or commercially exploit Platform content without prior written permission, except where applicable law permits otherwise.

International use and prescription acceptance

Services are offered only in the eligible countries made available through the Platform.

A prescription issued through the Platform is subject to applicable prescribing requirements. Mobidoctor LTD does not guarantee acceptance or dispensing in every eligible country or by every pharmacy. Customers should check local pharmacy requirements where necessary.

Limitation of liability

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, for wilful misconduct or — where recognised by applicable law — gross negligence, for breach of confidentiality or of data-protection obligations, or for any other liability that cannot lawfully be excluded or limited. Your statutory rights as a consumer are not affected by these Terms.

Mobidoctor LTD is responsible to you for loss or damage that is a reasonably foreseeable result of its breach of these Terms or of its failure to use reasonable care and skill. If Mobidoctor LTD fails to provide a purchased Service, you remain entitled to a replacement or refund under the refunds and cancellations section.

Mobidoctor LTD is not responsible for loss that was not caused by its breach, that was not reasonably foreseeable, or that results from inaccurate or incomplete information you provided. The Platform and Services are supplied for private use; Mobidoctor LTD is not responsible for business losses, such as loss of profit, business, goodwill or business opportunity.

Nothing in this section limits the independent professional responsibility of a Practitioner for their own clinical decisions or advice.

Complaints and dispute resolution

If you have a concern or complaint about the Services, please contact Mobidoctor LTD at [email protected] or using the contact details published on the Platform so that we can try to resolve the issue promptly and fairly.

These Terms and the contractual relationship between you and Mobidoctor LTD are governed by Maltese law. This choice does not deprive you of the protection of any mandatory consumer rules of the country in which you habitually reside. Where a dispute cannot be resolved informally, it may be brought before the Maltese courts or before any other court having jurisdiction under applicable law; where applicable law so provides, you may bring proceedings in the courts of the country in which you are domiciled.

Depending on the nature of the issue, you may also have rights to contact the Office for Consumer Affairs in Malta, the Information and Data Protection Commissioner or another competent regulator.

Privacy and data protection

Your use of the Platform is also governed by our Privacy Policy, available on the Platform. The Privacy Policy explains how personal and health information is collected, used, shared, retained and protected, and describes the relevant roles of Mobidoctor LTD and Practitioners in relation to personal data.

Practitioner code of conduct

Practitioners providing Services through the Platform must:

• maintain appropriate professional registration and licensing;
• comply with the ethical and professional standards applicable to them;
• provide lawful, safe and evidence-based medical advice;
• exercise independent professional and clinical judgement;
• protect patient confidentiality and comply with applicable privacy and data-protection requirements;
• comply with the prescribing exclusions set out under “Prescriptions and medication”;
• cooperate with reasonable compliance, quality and safety checks carried out by Mobidoctor LTD.

Changes to these Terms

Mobidoctor LTD may update these Terms from time to time, including to reflect changes to the Platform, Services, applicable law, regulatory requirements or business operations. The current version will be published on the Platform with an updated “Last updated” date.

Revised Terms apply prospectively from their effective date. The version you accepted when you purchased a Service continues to govern that purchased Service. Where a change materially affects an existing purchased Service or your legal rights, we will provide notice where required by law.

Acceptance of Terms

You confirm your acceptance of these Terms & Conditions when you create an account and when you place an order. If you use the Platform without an account, these Terms govern that use to the extent permitted by law.

If any provision of these Terms is found invalid or unenforceable, the remainder continues in effect. These Terms are drawn up in English; where a translation is provided, the English version prevails to the extent permitted by applicable law.

If you do not agree to these Terms, you must stop using the Platform and cancel any future booking in accordance with the applicable cancellation terms.