Terms & Conditions
Independent Healthcare Professionals
The following are the terms and conditions applicable to Independent Healthcare Professionals (hereafter ‘Healthcare Professionals’) that subscribe and make use of the Digimed Application Platform on any medium, device or application (‘Digimed’ or ‘Platform’) to offer their professional services to subscribed end-users.
IMPORTANT DISCLAIMER:
Acceptance of these terms is a mandatory prerequisite requirement for:
i. the provision of services through the Platform;
ii. accessing the account on the platform, including its stored data, information or process, communication or contact with any end-user;
iii. collaborating in any manner, with any third-party, both on a professional or personal basis, as a result of being listed as a Healthcare Professional within the Platform; or
iv. obtaining any of the subscriber’s ‘direct consequential results’*.
*For the purpose of this document the term ‘Direct Consequential Results’ shall be construed to include any document, data, image, report, contact email, phone number, social media profile, residential address, personal, confidential, private or protected information of any third-party subscriber to the Platform, obtained through the means of their subscription to, access or the provision of services on the Platform.
1. Digimed is a software platform developed by Digimed Technologies Limited situated at 204A, Vincenti Buildings, Old Bakery Street, Valletta, Malta and is hereby being provided as a ‘Software as a Service’ (SaaS) made available on the internet to all digital application platforms that can gain access to it.
2. The Services offered by Digimed include:
a. The display of a database of Healthcare Professional profiles willing to provide their professional services to the Maltese general public.
b. The display of a database of possible appointments in which the Healthcare Professionals are available to provide their professional services.
c. The provision of means by which the users and Healthcare Professionals may book, cancel or reschedule online or offline consultation appointments to be held with the Healthcare Professionals.
d. The provision of means by which the users may carry out online consultations with the Healthcare Professionals through the use of digital technology tools available on the platform.
e. The provision of means by which the user and Healthcare Professional may access, upload, share and store any information, data, documents or images related to their use of the platform on the cloud data servers made available by the platform, in line with the platform’s privacy policy to which the Healthcare Professional has signed up and formally accepted.
f. The provision of means by which the user and the Healthcare Professional may securely disclose any information, data, documents or images, through the use of digital technology tools provided on the platform, in line with the platform’s privacy policy to which the Healthcare Professional has signed up and formally accepted.
g. The provision of E-Prescriptions: Once the consultation is carried out, the doctor will prescribe medications creating e-prescriptions, for which the End-User will find a list of pharmacies through the platform where they can use the prescriptions.
h. The provision of Referral services through which a Healthcare Professional can refer an end-user to another healthcare professional or registered Service Provider (such as Laboratory Services).
i. The provision of sick leave certificates through which the Healthcare Professional can take an image of the sick leave certificate and it is uploaded onto the platform as part of the consultation, to be used by the User or its Employer.
j. Other services not listed above, which the Platform may add as functionalities to enable a better customer experience to the Healthcare Professional and to the end-user and which at all times shall be provided as a ‘Software as a Service’ (SaaS) made available on the internet to all digital application platforms that can gain access to it, without taking any legal or moral responsibility for the veracity of content and optimal use of such services by the Healthcare Professional or the end-user.
Acceptance Conditions
1. Digimed reserves the right to accept or refuse to provide any Service/s to any Health Care Professional or any End-User for any reason which it is not bound to disclose.
2. As a condition for use, Digimed is providing the Healthcare Professional with this service on the understanding and personal undertaking of the Healthcare Professional that they:
(a) are a Natural Person (not a Legal Entity),
(b) who is fully qualified, and
(c) licensed to practice in Malta in their field of expertise, and that
(d) they do not represent or act on behalf of any other person, legal entity, body or company,
(e) are knowledgeable and proficient with the relevant laws and their legal obligations within their professional sphere and medical/ professional legislation that regulates their profession,
(f) are not reprimanded, suspended, banned or disqualified from providing their professional services by Malta Medical Council and/or any authoritative bodies of supervision and governance that oversee their professional work; and
(e) are acting in good faith with the strict intention of utilizing the platform and all its direct consequential results for the provision of their professional services to subscribed patients.
3. In accepting to subscribe and make use of the Platform, the Healthcare Professional is confirming that they fulfil all the above Acceptance Conditions and shall adhere to the terms set out in the clauses below.
Furthermore, by subscribing and making use of the Digimed Platform, all Healthcare Professionals confirm that they accept these Terms of Use and that they agree to comply with them. If they do not agree to these Terms of Use, they understand and agree to refrain from providing any service provided within the Platform and shall not make any use whatsoever of the digital app or website or any of the services provided within it.
Responsibilities of Digimed
4. The Responsibility of Digimed shall at all times and under all circumstances be limited to the provision of the Software as a Service (SaaS) (hereinafter referred to as the Platform) and shall not be responsible for any content of information, documents and any other data exchanged by the end-user or the Healthcare Professionals in the use of the platform.
5. The Responsibility of Digimed shall end at the technical provision of a digital platform and shall not overlap with, or incorporate, at any point, the professional responsibility of the Healthcare Professional providing its services through the Platform.
6. Digimed warrants to the Healthcare Professional that:
a. It is legally able and authorised to provide the services to the End-User.
b. It is compliant with all applicable laws and ensures that in as far as it is legally required to do so it binds all Health Care Professionals, Service Providers and End-Users making use of the platform to comply with applicable law.
c. It offers the services in line with all data protection legislation and with respect to all End-Users’ rights to privacy and confidentiality as enforced by applicable law.
d. It applies stringent best practice policies in protecting all Healthcare Professional and End-User data to prevent any data loss or breaches in line with the platform’s privacy policy.
7. Digimed undertakes to take all necessary measures to block or withhold any malware, viruses or third-party digital attack on its Platform, applying the latest most advanced cyber security measure to protect its database or Services, yet it cannot guarantee that the Platform will be secure or free from bugs or viruses.
8. Digimed will endeavour to provide a reliable and effective Platform. Digimed is however unable to guarantee that our Platform related services will be uninterrupted and/or fault free and we do not guarantee availability of our Platform at all times.
9. Digimed shall not be held responsible for any interruption beyond its control and reserves the right to (a) reduce, suspend, terminate the Services or restrict certain Services on the Platform without notice, due to break down and/or requiring maintenance or for any reason specified in this Agreement, or if the Healthcare Professional or End User abuses the Service or breaches his/her Agreement; (b) make changes to these terms and conditions in terms of this Agreement at any time.
Responsibilities of the Healthcare Professional
1. The Healthcare Professional is responsible:
a. to follow the terms and conditions set out in this Term Sheet and those set out in the Privacy Policy and Cancellation Policy, which are endorsed upon subscription to the platform.
b. not to use the Platform in any way that is in contravention of any applicable law, rules, or regulations that apply to the Healthcare Professional throughout the term of their subscription to the service.
c. to provide truthful and correct information, documentation and data when required to do so by the Platform.
d. to use the platform for its intended purpose of obtaining access to End-User medical documentation, whilst providing their professional services to address medical or related concerns, ailments or conditions the End-user is experiencing when requesting such services.
e. to restrict access granted through their credential login details to them personally and not to extend access to any of the services to unsubscribed, unauthorized Healthcare Professionals, whether these are related or unrelated.
f. to provide the Platform administrators with any certificates, licenses or supplementary documentation verifying their qualifications and legal authorization to provide the Services promoted in their respective profile, when and as requested to do so by the Platform.
g. To inform the Platform immediately and without delay of any real or suspected unauthorized access to their account within the platform.
h. to apply its own personal use of protection software and means to guard their use of the Services from any virus or malware attack emanating from the platform.
i. To ensure good internet connection when making use of the Platform to provide its services to End-Users.
j. To refrain from saving storing or capturing any data, images or private information of the patients onto their personal devices (including the switching off of any automatic backup services provided by the mobile device or digital medium in use) unless strictly necessary.
2. During consultations the Healthcare Professional is responsible for ensuring:
a. Use of a high-quality webcam and high-quality sound equipment (speakers and microphones) for effective communication.
b. Connection to a strong internet bandwidth that provides uninterrupted streaming of webcam and integrated virtual services,
c. Adequate and direct lighting,
d. The background is clean, quiet and free of any background distractions,
e. That no people other than the Healthcare Professional are present in the room from which the consultation is being conducted,
f. the consultation shall not be disturbed with unnecessary third-party notifications, sounds, interruptions or walk-ins.
g. That they are dressed professionally and adequately for the professional conduct of services.
3. The Healthcare Professional is strictly bound by their professional obligations to adhere to all Profession related standards, license conditions, warrant restrictions and ethical standards applicable to their profession and field of expertise. No unethical, suggestive, unprofessional or indiscreet behaviour shall be tolerated by the Platform administrators and any reported shortcomings shall be reviewed by the Digimed Medical Committee which is authorized to take all necessary measures to address the incident according to its objective analysis of all factors, including but not limited to suspension of services, termination of account or reporting where such action is deemed necessary and proportionate to the act in review.
4. The Healthcare Professional is strictly banned from attempting to access any information, data or documentation that was not in their possession prior to making access to the platform or that was not obtained legitimately from an End-User who personally and freely provided them with such information, data or documentation through the Platform.
5. The Healthcare Professional understands that any suspicious or irregular activity within the platform will be reported to the Supervisory Authorities and all information regarding the irregular use thereof shall be presented to regulatory bodies as required to complement and complete any such report.
6. The Healthcare Professional understands that it shall be banned or provided with restricted access should the Platform identify any form of potential data breach, malware attack or any other third-party cause for manipulation of data or the potential of any virtual virus or attack on the digital system or database within the platform until any such risk on the security of the platform is resolved.
7. Digimed is not responsible for the information input and migration of documents, files and any other patient information or data transferred by the Healthcare Professional onto the Platform when opted to be used as a Patient Management System, including the proper identification and matching of electronic health records (EHRs) on the system with corresponding identification details of the Patients. Any input or migration of documents by the Healthcare Professional shall remain at the sole responsibility of the Healthcare Professional.
8. The Healthcare Professional understands that it shall remain at the sole discretion of the patient to delete any data the patient has inputted and/or transferred onto the Platform. In this eventuality, the Healthcare Professional may still retain a copy of the deleted data in terms of his/her professional and legal obligations, if any.
Access to the Platform
9. The End-User shall be responsible for ensuring that its equipment, device hardware and software through which is trying to gain access to the Platform is compliant with all technical specifications required by the Platform, as set out below:
10. Recommended operating systems
Windows
7
8 or 8.1
10
11
macOS X:
10.11 or higher
Linux:
Ubuntu, Fedora, RHEL, Mint, Oracle, Centos, capable of installing DEB or RPM
Mobile devices
Android (the latest four major versions)
iOS (iPhone, iPad & iPod)
Blackberry devices
Note: For the best experience with Digimed use the latest version of the operating system.
11. Recommended browsers for Digimed
Windows
Edge12 or higher
Firefox 27 or higher
Chrome 30 or higher
macOS
Safari 7 or higher
Firefox 27 or higher
Chrome 30 or higher
Linux
Firefox 27 or higher
Chrome 30 or higher
12. Recommended bandwidth for Digimed
High-definition Video: 2.5Mbps (Receive/Send)
High Quality Video: 1.5 Mbps (Receive/Send)
Standard Quality Video: 1Mbps (Receive/Send)
Use of the Platform requires one or more compatible devices, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time.
Because use of the Platform involves hardware, software, and Internet access, the ability to access and use the Platform may be affected by the performance of these factors. High speed Internet access is recommended.
Any devices used to access the Platform should be password protected and only accessible by the User.
13. Access to the Platform shall be provided to Healthcare Professionals who fully identify themselves and are legally compliant with the requirements of the platform applied to the onboarding procedure for new or existing Healthcare Professionals, including the provision of documents and submission of correct information when and where such information or documentation is required by the Platform.
Healthcare Professional Qualification Recognition
14. Registration with the Platform as an approved Healthcare Professional shall be determined unilaterally by the Digimed Medical Committee, that shall be compiled of a team of experts selected and determined by the Platform’s Board of Directors.
15. The Digimed Medical Committee shall follow standard appraisal procedures for the assessment and verification of Medical Qualifications of Healthcare Professionals by obtaining the following documentation:
a. Certificate of Registration with the Maltese Medical Council or Registration from the appropriate Professional Council/Association of equivalent repute and standards.
b. Certificate of Good Standing issued within the last three (3) months preceding the application date.
c. Curriculum Vitae
d. Specialist Registration Certificate
e. Proof of Professional Indemnity including cover for services provided via Telemedicine
f. Digital signature: copy of the signature and registration number
g. Medical Council Registration number
h. Area of specialization
16. Decisions taken by the Medical Committee shall be final, provided in writing, and signed off by the Chair of the Committee to which no appeals on decisions taken by the Medical Committee shall be permitted.
17. Access to the Platform may be denied by Digimed on occasions where in its sole discretion, Digimed requires any clarification, updated information or documentation to verify the authenticity of any submission provided by the Healthcare Professional throughout the term of its subscription, starting from the date upon which the Healthcare Professional applies to become a subscribed member to the service.
18. Digimed shall deny access to any Healthcare Professionals who shall be caught breaching the terms of this User Agreement or any other policy attached to it, including suspicion of interference with the Platform’s code, modifying its code, reverse-engineering or disassembling any of its products or services, or attempting to use or translate any of its content for derivative work, unauthorized distribution, replication or any infringement to the intellectual property rights of Digimed or any third party contributions forming an integral part of the platform.
Changes to the Terms of Service
19. Digimed reserves the right to affect any changes to the Terms of Services which shall be unilaterally determined by the Platform and in absence of any other agreement in writing between the Platform and the Healthcare Professional shall be applicable for any service provided therefrom.
20. The updated Terms of Service shall be immediately applicable upon notification to the Healthcare Professional via the Service or via an email address provided by the Healthcare Professional to the Platform upon subscription with the Platform or any other email address updated by the Healthcare Professional within their profile details within the Platform.
21. It is the obligation and sole responsibility of the Healthcare Professional to ensure that they have read, understood and agree with the contents found herewith or within any updated Terms of Services notified to them as per above, and to follow these terms and conditions from the day upon which they receive said notification.
Subscription Fees
22. Healthcare Professionals shall be provided access and permission to use the Platform as a Patient and Consultation Management System in accordance with their selected subscription model selected within their Account settings:
a. Starter Plan: A fee of 10% (including VAT) on all consultation fees charged by the Healthcare Professional to the End-User, provided that the Healthcare Professional shall carry out a minimum of 120 consultations per year, booked and conducted through the Platform; OR
b. Premium Plan: A fixed monthly subscription payment of seventy Euro (€70) including VAT payable in advance, or seven hundred and fifty Euro (€750) including VAT when paid one year in advance; with no additional fee per consultation.
23. In the event of the Starter Plan Healthcare Professional conducts less than the minimum of 120 consultations per year booked and conducted through the Platform, the Healthcare Professional shall be charged a fee of thirty-five euro (€35) per month excluding VAT payable in advance, from the start of the following 12-month period. All other fees and charges of the Starter Plan will remain applicable.
24. Digimed will calculate the number of consultations booked and conducted through the Platform on an annual basis, for a period totalling 12 months from the date of registration of the Healthcare Professional on Digimed and each anniversary thereof.
25. Should a Healthcare Professional fail to pay their monthly or annual subscription, their Digimed account shall be temporarily locked. Digimed shall offer a sixty (60) day Grace Period for the Healthcare Professional to renew their subscription in arrears and reinstate their account. After the Grace Period, the Healthcare Professional shall be prompted to download their records within a stipulated period, and Digimed shall permanently delete the account.
Consultation Professional Fees
26. Healthcare Professionals shall be provided the means to set their maximum professional fees to be displayed on their profile for telemedicine consultations, which shall be quoted to the End-Users before booking a consultation, and automatically charged to the End-Users subscribing to and making use of their services.
27. Any changes in fees shall only apply for Consultations booked after the date and time upon which the change of rate is set, saved and updated within the Healthcare Professional’s profile.
28. Notwithstanding the generality of the above terms, at the end of each consultation, the Healthcare Professional shall be granted the option of confirming the final consultation fee to be paid by the End-User for that particular session only, subject to the maximum fee quoted pre-consultation.
29. On the event of any cancellation of consultations by the Healthcare Professional or by the End-users the Cancellation Policy shall apply and payments or refunds shall be treated and applied in accordance with set policy.
30. In the event that a consultation is interrupted and/or terminated prematurely due to any unforeseeable circumstance, the Healthcare Professional is bound to contact the End-User via the contact information provided by the End-User to resume the consultation at no extra fee other than the fee quoted pre-consultation.
31. Payments shall be processed via the “Stripe” Platform, which processing shall be subject to separate terms and conditions imposed by the third-party Wallet to which the Healthcare Professional must accede in order to set up their payment services.
32. All payments shall be released once the Healthcare Professional finalizes the Electronic Health Record for that consultation, including all referrals and prescriptions related to the consultation, which constitute part of the Electronic Health Record.
Technical Support
33. Healthcare Professionals can make use of all Contact methods provided by the platform to receive customer support on any query they may have in connection with the Platform. Healthcare Professionals shall refrain from including End-User data or medical information, data or documentation in their request for information or support when contacting the Customer Support Service.
34. Customer Support shall be strictly limited to technical issues related to the Platform and the use of Services provided therein. Digimed assumes no responsibility for any medical or professional advice received, inferred or interpreted by the Healthcare Professional when receiving technical support from the Customer Support Agents.
Intellectual Property Rights
35. All Intellectual Property rights, title, and interest in and assigned to the Platform, are strictly reserved by Digimed, its Affiliates or attached third-party Suppliers. The Healthcare Professional agrees that nothing in these Terms of Use or any other documentation, information or data obtained by the Healthcare Professional shall transfer ownership of any Intellectual Property rights from the Platform to the Healthcare Professional.
36. All Digimed or Platform Trademarks, Copy, Text, content or designs, whether registered or not, belong to Digimed and the Healthcare Professional shall have no right to reproduce, copy, or use any said rights without the express written permission to be granted by Digimed in advance. Furthermore, any other intellectual property rights not expressly granted herein are reserved by the Platform and belong to Digimed.
Data Protection
37. All personal End-User and Healthcare Professional data shall remain the property of the End-User and the Healthcare Professional at all times and nothing in these Terms of Use or any other documentation, information or data provided by the End-User or the Healthcare Professional in the exchange of services and media shall be construed to grant Digimed any rights on said personal data belonging to the End-User or Healthcare Professional respectively, beyond those expressly provided within the Privacy Policy to which the Healthcare Professional has signed up and formally accepted.
38. Notwithstanding the generality of the above clause and the general terms of the Privacy Policy, Digimed shall be permitted to collect and process generic usage data of the Platform for its reasonable business purposes and the benefit and improvement of the Healthcare Professional’s customer experience. In the event that Digimed wishes to make use of any such data it shall ensure that it is adequately anonymized and utilized in the aggregate form of figures, totals, averages and percentages so that it will not identify the Healthcare Professional in any manner.
39. Digimed shall at all times comply with applicable Data Protection regulations, specifically with Regulation (EU) 2016/679 (General Data Protection Regulation) and shall protect and secure all customer data in accordance with all legal obligations found therewith and set out in greater detail within the Privacy Policy to which the Healthcare Professional has signed up and formally accepted.
Legal Age for use of Platform
40. The Legal Age for subscribing to the services provided by Digimed is that of sixteen (16) years and any End-User applicant below the age of 16 shall require subscription and authorization from their legal guardian to be provided with the services provided via Digimed. This legal authorisation shall be made available to the Healthcare Provider who requests proof of such authorisation if and when required by the Healthcare Professional.
41. Notwithstanding the generality of the above legal age clause, the Healthcare Professional shall have the right to consent to or refuse providing medical attention, care or treatment to the Healthcare Professional if the medical practitioner is of the opinion that such person does or does not have sufficient maturity and understanding to so consent or refuse the treatment required or requested, as the case may be. The Platform shall not be held responsible for the decision of the Healthcare Professional and standard service policies and fees shall apply in such cases.
Termination of Subscription
42. A Healthcare Professional subscribing to any of Digimed’s subscription packages is entitled, within fourteen (14) days from the date of the activation and payment of the Subscription package, to cancel the Subscription without incurring any additional charges and without giving any reason, by giving a written Notice of Cancellation, expressing his/her intention to cancel the Subscription.
43. A Notice of Cancellation will be properly given if the Healthcare Professional sends a written notice by email to Digimed’s email address at [email protected], in which case the date of notice is deemed to be the date of delivery.
44. If cancelled in accordance with this section ‘Termination of Subscription’, then the Subscription shall be deemed as terminated and the relative clauses of these conditions shall apply. Fees and charges for Services and use of Service/s shall be legally due and collectible up to the date of cancellation.
45. The provisions of this section ‘Termination of Subscription’ are without prejudice to the provisions of the relative laws of Malta prescribing the right to terminate the use of such Services by subscription.
46. The Healthcare Professional shall be granted the right to cancel their account at any time throughout the term of the subscription in which case:
a. All information, data and documentation relating to the Healthcare Professional shall be temporarily suspended for a period of thirty (30) days, during which the Healthcare Professional shall have the right to permanently delete the information, data and documentation retained on their behalf or to re-subscribe and gain access to the same Healthcare Professional profile retained on file for a period of thirty (30) days.
b. Should the thirty (30) days elapse or the Healthcare Professional selects the option to permanently delete the account, the information, data and documentation held on behalf of the Healthcare Professional shall be permanently deleted and no records shall be retained on file. Patients with an existing Digimed account will however retain full access to their copy of any existing records.
c. The Healthcare Professional shall be granted to option to download all information, data and documentation prior to selecting the option of permanently deleting all records in accordance with the above instructions.
d. All pending appointments shall be cancelled and no refunds shall be granted for such cancellations.
e. Subject to articles 41 to 44, no subscription refunds shall be applicable unless authorized by the Platform in exceptional circumstances to be determined by Digimed in its sole discretion.
47. Termination of your subscription shall not reduce our rights or remedies for recovery of outstanding debts or damages from you and shall not affect any rights personal to you that arose prior to termination. Any terms under these conditions which are intended to apply after termination will continue to apply.
48. Any breach of these Conditions by us entitles you to terminate the Subscription without incurring additional charges. Provided however, that we are given a cure period of not less than fifteen (15) days within which we are allowed to rectify our position, which fifteen (15) days shall start running from the date you send us a signed notice in writing, specifying the nature of the breach.
Indemnity
49. The Platform contains content generated by Digimed and its authors to be utilized for general information purposes only. Any informational content is not provided to serve as specific medical advice on which the Healthcare Professional should rely. In particular, the information provided on the Platform is not a substitute for professional medical advice provided by a qualified medical professional during a consultation visit or appointment and Digimed makes no representation, whether express or implied, that the general informational content on the Platform is accurate, complete or up-to-date.
50. Furthermore, Digimed assumes no responsibility for the professional services provided by the Healthcare Professionals that are subscribed on the platform and from whom the End-User shall obtain medical advice. These Healthcare Professionals are autonomous and entirely dissociated from the Platform, making use of the Services provided within the Platform in any manner.
51. Whilst the Healthcare Professionals subscribed to the Platform are generally reputable professionals in their field, the content of the information, data, or documentation, including but not limited to any diagnosis, prognosis, prescription, medical plan or treatment advice provided by said third-party professionals is and at all times remains the sole responsibility of the Healthcare Professional and Digimed is granted no access or knowledge of any such information, from which it disassociates itself entirely and bears no guarantee or endorsement to the accurateness, soundness or adequacy of any such content or advice.
52. The Healthcare Professional agrees to defend, indemnify and hold harmless Digimed, its employees, agents and representatives against all claims damages, liabilities and expenses actually incurred or imposed upon Digimed in connection with its professional advice, recommendations, prognosis and diagnosis provided to end-users, including but not limited to any wilful or negligent act or failure to act by any Healthcare Professional, its employees, agents or representatives of the Healthcare Professional, whilst providing its services to the End-User through the Digimed Platform.
53. Digimed further asserts that it has no ties to third-Party information, documentation or links provided by any Healthcare Professional through the use of the Platform and it assumes no responsibility for the content of websites linked to the Platform provided by any Healthcare Professional even when such are provided throughout the course of any chat, exchange or conversation supported through the Platform.
Limitation of Liability
54. Except as set out in these Terms of Use but without prejudice to the generality of the foregoing, the Healthcare Professional shall hold Digimed, its employees, agents or contractors, harmless from and indemnify Digimed for: (a) any loss, liability and/or any direct physical damage done to your property unless caused by Digimed’s negligence or the negligence of our employees, agents or contractors while acting in the course of their employment that is brought to Digimed’s notice within seven (7) days of its occurrence; (b) direct/indirect or consequential damages; (c) loss of profits, business or revenue; (d) access delays or interruptions; (e) loss or liability resulting from any errors, omissions, or misstatements in any and all information, goods, or services obtained on or through the Services; (f) any error or omission of the End User; (g) any loss of Service and/or damage caused to Equipment or End User Equipment arising from power outages and/or acts of God.
55. Without prejudice to the foregoing, the total liability of Digimed (if any) arising out of the provision of the Subscription and Platform services, in any one year, shall not in any circumstances exceed the total sum of charges paid by the Healthcare Professional for the Subscriptions paid in that year.
Applicable Law and Jurisdiction
56. These Terms of Use, and the attached Policies which exist in conjunction with the Terms of Use, their subject matter and the legal obligations contained therewith, are governed by the laws of Malta.
57. The Healthcare Professional agrees that the courts of Malta will have exclusive jurisdiction over any disputes or claims which might arise.
58. Digimed further clarifies that its service and obligations are based on the laws of Malta and the European Union Regulatory Bodies. This means that should the Healthcare Professional be accessing the platform from outside Malta or the EU, Digimed makes no representations that the services or content shall be compliant or suitable for any other applicable law of the Healthcare Professional, wherever such may be located.
59. To this end the Healthcare Professional undertakes to submit itself to the entire applicable laws of Malta and the EU and in making use of the Platform from within any jurisdiction it submits itself entirely to all provisions of these Terms of Use, including, without limitation, this clause.
Force Majeure
60. Digimed shall not be in breach of any of its obligations under these Terms of Use, or otherwise liable for any failure or delay in performance, if such performance is prevented, hindered or delayed by any event beyond the reasonable control of Digimed or any of its Affiliates or Third-Party suppliers.
General Terms and Conditions
61. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law the remainder of these Terms of use shall remain valid and enforceable in their entirety.
62. Digimed reserves the right to freely assign, or otherwise transfer, any of its rights or obligations under these Terms of Use to any third party at its sole discretion, provided that said Third Party shall assume the Platform’s obligations and responsibilities contained herewith in their entirety and that the Healthcare Professional is duly notified with such assignment of rights.
63. No failure or delay by us to exercise any right or remedy provided under these Terms of Use or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
64. Digimed does not permit any Healthcare Professional to provide any service through the Platform nor shall it allow any patient to request consultation when located within any country outside the Maltese Islands. Nevertheless, Digimed shall permit both the Healthcare Professional as well as the end-user to access their records when located within a country in the EU. Digimed shall also permit the Healthcare Professional and the end-user to access their records when located in any country outside the EU, provided that they comply with the instructions displayed on screen when prompted.