TERMS & CONDITIONS

Last update: September 7, 2020
 
These Terms and Conditions (“Terms”) form a legal agreement between you and Dr. Marius W.-M. Lazar or his independent  and self-responsible team members (“team member”, “tm”, “t.m.”),  (“Dr. Lazar”, “we”, “us”, or “our”) and govern your access to and use of: (1) the applications, websites and any other web-based or mobile technology platforms that Dr. Lazar owns or operates and that links to or references these Terms (the “Platforms”); and (2) the services that Dr. Lazar itself furnishes through web platforms (the “Services”).

THE PLATFORMS AND ALL SERVICES ARE NOT INTENDED FOR USE IN EMERGENCIES. IF YOU THINK YOU HAVE OR MAY HAVE A MEDICAL OR HEALTH EMERGENCY, YOU NEED TO CALL YOUR LOCAL PROVIDER, CALL AN AMBULANCE, OR OTHER APPROPRIATE EMERGENCY FACILITIES IN YOUR LOCATION.

Please read these Terms carefully before using the Platforms and Services.

Acceptance of Terms
By installing, downloading, registering with, or using THE PLATFORMS, OR BY USING THE SERVICES, in any way, you agree to be bound by each and every one of these terms. If you do not agree with these terms, please do NOT install, download, register with, use the platforms, links, and DO NOT USE THE SERVICES. Please print a copy of these terms for your records.

Right to Modify Terms
We may at our sole discretion change, add, or delete portions of these terms at any time, without prior notice to you, for any reason whatsoever. Your continued use of the platforms and/or services following notice of any such changes will indicate your acknowledgement of such changes and agreement to be bound by the revised terms, inclusive of such changes. If you object to any changes to these terms, your sole recourse will be to cease using the platforms and services. We will not be liable to you or any third-party should we exercise our right to modify or discontinue the platforms and/or services. In addition, certain features of the platforms and services may be subject to additional terms of use. By using such features, or any part thereof, you agree to be bound by the additional terms of use applicable to such features. In the event that any of the additional terms of use governing such area conflict with these terms, the additional terms will govern. You agree to review these terms each time you access and/or use the platforms and services so that you may be aware of any changes to these terms.

Fees
All fees are a compensation for the time Dr. Lazar or his team members have taken for you. Therefore refunds are excluded. Your duty to pay the consultation fee is independent of the content/and or perveived quality and/or succees of the service provided to you.

Your Duties
If you make use of Dr. Lazar’s telemedical consultation, you are obliged to consult a local doctor within three days, or immediately in case of acute conditions and/or on the advice of Dr. Lazar and/or his team members.

About the Telemedicine Services
DR. LAZAR’S & TEAM MEMBER’S SERVICES ARE NOT INTENDED FOR USE IN EMERGENCIES. IF YOU THINK YOU HAVE OR MAY HAVE A MEDICAL OR HEALTH EMERGENCY, YOU NEED TO CALL YOUR LOCAL PROVIDER, AN AMBULANCE, OR OTHER APPROPRIATE EMERGENCY CONTACT NUMBERS IN YOUR LOCATION.
The Telemedicine Services you may receive from Dr. Lazar or his team members are stricly limited non-emergency services that are not a substitute for, nor intended to substitute for, the advice of your primary care provider or of other qualified health care professionals. You agree that you will not delay seeking advice from your local primary care provider or other local medical care providers because of information provided by Dr. Lazar or his team members. You will seek emergency help locally when needed (or when you think it may be needed) and you will continue to consult with all your local care providers for your regular care.

Content of the Services
None of the content conveyed through by Dr. Lazar or by his team members should be considered definitive medical advice or an endorsement, representation or warranty that any particular test, medication, product, procedure, treatment or therapy is safe, appropriate, or effective for you. RELIANCE ON ANY INFORMATION GIVEN THROUGH THIS SERVICE WHETHER PROVIDED BY DR. LAZAR OR HIS TEAM MEMBERS IS SOLELY AT YOUR OWN RISK. This also applies to the services of Dr. Lazar provided by means of other internet based service entities. 

Use of the Platforms and Services by Children
These services are only for individuals who verbally or in writen form confirm that they are at least 18 years old. 

Privacy
Dr. Lazar and his team members comply with all applicable privacy and security laws and maintains safeguards to protect the security of your health information. Additionally, the information you make available to Dr. Lazar and his team members is confidential, to the extent protected by applicable laws. Details regarding our use of your information are provided in our Privacy Policy, and your acceptance of these Terms constitutes an acceptance of our Privacy Policy.

Communications
As part of providing you with access to Dr. Lazar or his team members we may provide you with certain communications, such as appointment reminders, service announcements, privacy notices and administrative messages (“communications”). You agree and consent that any Communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing. You understand that by using Dr. Lazars & tm services you are agreeing to these terms and that such action constitutes a legal signature. You agree that we may send to you communications through electronic means including but not limited to: (1) by email, using the address that you provided to us during registration, (2) push notifications on your tablet or mobile device, or (3) by posting communications on the platforms. The delivery of any communications from us is effective when sent by us, regardless of whether you read the communication. You can withdraw your consent to receive communications by sending an e-mail with the word “stop”. Dr. Lazar & his tm cannot ensure the security or confidentiality of messages sent by email. Information relating to your care, including clinical notes and medical records, are stored on secure, encrypted servers maintained by reputable companies, however no electronic data storage is 100% safe. Message and data rates may apply for any communications sent to you from us and for any communications to us from you. You will receive varied frequency of communications. If you have any questions about your text plan or data plan, it is best to contact your wireless or data provider.

DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT THE USE OF DR. LAZAR’S SERVICES (OR THOSE OF HIS TEAM MEMBERS) ARE AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DR. LAZAR AND HIS TEAM MEMBERS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA AND SYSTEM INTEGRATION.  

YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL DR. LAZAR OR HIS TEAM MEMBERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES OFFERED BY DR. LAZAR & HIS TEAM MEMBETS OR THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. WE DO NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR DEVICE. THE MAXMIMUM LIABILITY OF DR. LAZAR AND OF HIS TEAM MEMBERS TO YOU WITH RESPECT TO YOUR USE OF THIS SITE SHALL BE $20 (TWENTY US-DOLLARS). To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.

Indemnification
You agree to indemnify, defend and hold harmless Dr. Lazar and his team members, employees, agents, subsidiaries, affiliates, licensors, and suppliers, harmless from and against any claim, actions, demands, liabilities and settlements, including without limitation reasonable legal and accounting fees (“claims”), resulting from, or alleged to result from, your violation of these terms.

Force Majeure
We will not be deemed to be in breach of these terms or liable for any breach of these terms or our Privacy Policy due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, terrorism, war, invasion, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, fire or other disaster.

Linked Locations
WE WILL NOT BE LIABLE FOR ANY INFORMATION, SOFTWARE, OR LINKS FOUND AT ANY OTHER WEBSITE, INTERNET LOCATION, OR SOURCE OF INFORMATION, NOR FOR YOUR USE OF SUCH INFORMATION, SOFTWARE OR LINKS, NOR FOR THE ACTS OR OMISSIONS OF ANY SUCH WEBSITES OR THEIR RESPECTIVE OPERATORS, NOR FOR LINKS THAT WE PROVIDE IN GOOD FAITH. ESPECIALLY WE ARE NOT RESPONSIBLE FOR THE LINKED SERVICES iDoc24 and First Derm. THESE EXTERNAL SERVICES ARE NOT UNDER OUR CONTROL IN ANY WAY, SHAPE, OR FORM. WE DO NOT TAKE LIABILITY FOR THEIR ACTIONS.

Governing Law
These Terms and your use of the Platforms and Services shall be governed by the laws of the state from which Dr. Lazar or his team members provided you services. It is your sole duty to ask where from Dr. Lazar or his team members are providing you any service at the times you make use of it. These place may vary and change.

ANY DISPUTE ARISING UNDER OR RELATING IN ANY WAY TO THESE TERMS OF USE WILL BE RESOLVED EXCLUSIVELY BY FINAL AND BINDING ARBITRATION IN ZURICH (SWITZERLAND). ALL CLAIMS, WHETHER IN ARBITRATION OR OTHERWISE, MUST BE BROUGHT SOLELY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR COLLECTIVE PROCEEDING. 

PLEASE NOTE
These terms are the entire agreement between you and us and supersede all prior or contemporaneous negotiations, discussions or agreements between you and Dr. Lazar or his team members. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these terms. Please send any questions or report any violations of these terms to marius.lazar@dr.com

REGULATORY AUTHORITIES
The supervisory authority responsible for authorizing the practice of medicine and/or medical counseling is always the one that is responsible for the respective concretely active person at the location where the practice of medicine and/or medical counseling takes place in that specific moment. Since Dr. Lazar and his team members work legally independent of each other, sometimes at different and varying locations, clients and patients should ask which is the supervisory authority in each specific contact before treatment or consultation. 

Among others these are:

a) Guvernul Romaniei, Ministerul Sănătăţi, Strada Cristian Popişteanu, nr. 1-3, sector 1, cod 010024, Bucureşti, România, European Union
b) Health Professions Council of South Africa (HPCSA), 553 Madiba St, Arcadia, Pretoria, 0002, South Africa
c) Ministry of Health of the Islamic Republic of Iran. Simaye Iran Street, Sannat Square,Shahrake Qods, 14665 Tehran, I.R. Iran
d) Ministry of Health, Labour and Social Protection of the Republic of Moldova. Str. Vasile Alecsandri, 2 MD-2009, mun. Chisinau, Moldova
e) Ministry of Labour, Health and Social Affairs of Georgia. 144, Ak. Tsereteli Ave. Tbilisi 0119, Georgia
f) Ministry of Health, Ex Rilindja Building, Pristina,
Republic of Kosovo
g) Ministry of Public Health, Bir Hassan, Beirut, Lebanon
h) Ministry of Public Health, Massoud Square, Kabul, Afghanistan
i) other
…

For clients who reside in Rumania and want to use our online services instead of seeing us in our practice:

* Government Decision no. 252/2020, extended by
* Government Emergency Ordinance no. 70/2020

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WEB ADMINISTRATION
PlusOne Media

ADMINISTRATION (EU & International)
Dr. Marius W.-M. Lazar
Rose of Bloemfontein Residence
Achilles Rd.
0081 Pretoria
South Africa

EU OFFICE 
Telemed EU™ & Telemed International Lazar™
Bd. Liviu Rebreanu
sector 3, 300755 București
RO, European Union

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Questions? 
Ask via the global phone number +1 (647) 847 9343 run by PlusOne Media.

The medical services offered by Dr. Lazar & Team exceed all requirements of the General Data Protection Regulation (GDPR) of the European Union, and most data protection regulations worldwide.

Dr. Lazar stores personal data only to the extent required by law or for tax and billing purposes. 

On all technical services (website, telephony, e-mail, the webspace provider's server, technical tools of social media companies, etc.) Dr. Lazar has no influence whatsoever. Your contact in these matters is exclusively the respective external service provider.

We are not responsible for the handling of your data that you sent to iDoc24 or First Derm through our page. These are external services. Any issues has to be discussed with them. We have no control over their actions.

Data protection officer: Dr. Ali Hosseini (ali.hosseini@dr.com)

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Sistemul Telemed Lazar respecta prevederile G.D.P.R (Regulamentul General privind Protecția Datelor Personale). Temeiul pentru prelucrarea datelor dvs. personale este unul legal, prelucrarea fiind necesara pentru furnizarea investigatiilor pe care dv. doriti sa le faceti in cadrul Sistemului Telemed Lazar si / sau a societatilor din Grupul Lazar sau pentru  derularea / incheierea si executarea unui contract la care sunteti parte sau pe care angajatorul dv. a inteles sa il deruleze cu subscrisa. Prin solicitarea dv. de a efectua investigatii in cadrul Sistemului Telemed Lazar si/sau a societatilor din Grupul Lazar va exprimati acordul ca datele dv sa fie preluate/prelucrate si stocate conform prevederilor legale specifice din domeniul sanatatii.  Pentru mai mute detalii puteti accesa pagina: "Privacy"