General terms and conditions
1. LEGAL NOTICE
The Platform and the Services are managed and provided by Riva Care, a limited liability company with its registered office at Avenue Franklin Roosevelt 108, Box 3, 1050 Brussels, registered with the Crossroads Bank for Enterprises under number 1002549339 (hereinafter "RIVA CARE").
Contact: contact@rivamedical.com.
2. GENERAL INFORMATION
Riva Care is active in the health sector. In its capacity as an intermediary, Riva Care offers Users of the Platform the following functionalities: (i) make reservations for a Check-up, (ii) schedule Consultations, (iii) consult the results of the Check-up and/or Consultation, and (iv) benefit from follow-up with Healthcare Professionals, whether by teleconsultation or face-to-face. To do this, Riva Care calls on an experienced team of Healthcare Professionals, as well as on Partner Laboratories. By validating his registration on the Platform, the User acknowledges having read these General Terms and Conditions ("GTC"), having accepted them in their entirety and undertakes to comply with them.
The Services are not intended to respond to urgent health problems. In this case, please go to an emergency service.
Check-ups and Consultations are provided by Healthcare Professionals and Partner Laboratories identified on the Platform. Once you have contacted these partners or have been put in contact with them, the terms and conditions of our partners apply to your use of their services.
3. DEFINITIONS
The capitalised terms and expressions used in these GTC shall have the following meanings between the Parties:
"Check-up": means one of the health checks offered by Riva Care and developed in partnership with Healthcare Professionals. They are not intended to replace regular visits to health care providers/doctors for medical advice or information on diagnosis and treatment, but should be seen as a complement.
"Consultations": refers to medical consultations carried out by Healthcare Professionals.
"Partner Laboratories": refers to Riva Care's partner laboratories responsible for carrying out certain analyses (such as blood tests).
"Platform": refers to the platform accessible online at app.riva.care which enables the User to book a Check-up or Consultation and to consult the results and action plans resulting from the analysis of the Check-up and/or Consultation.
"Healthcare Professional": means the healthcare professional partner of Riva Care who has access to the Platform. The Healthcare Professional performs the Check-up and/or Consultation, interprets the results of the analysis of the Check-up and/or Consultation and performs medical services for the benefit of the patient.
"Profile": refers to the personal space created by the User when registering on the Platform.
"Services": refers to the services available on the Platform, as well as the Check-up and Consultations.
"User": means a person who chooses to use the Services made available by Riva Care via its Platform.
4. CONDITIONS OF ACCESS TO SERVICES
4.1 Creation of a Profile
To access the Platform and the Services, the User creates a Profile by logging on using the itsme® app (or other equivalent identification system offered on the Platform). In doing so, the User provides the following identity information: (i) surname and first name; (ii) address, email address and phone number; (iii) identity card photo; (iv) nationality; (v) place and date of birth; (vi) gender; (vii) national registration number and electronic identity card number and (viii) any other information required in the forms.
The use of this means of identification and signature is compulsory in order to connect to the Platform and benefit from the Services.
The User undertakes not to create a false identity likely to mislead Riva Care or the Healthcare Professionals and not to usurp the identity of another legal or natural person.
The User undertakes to immediately update the data provided at the time of registration in the event of any changes.
The Profile thus created by a User may only be created for the identified User in question and the User may under no circumstances transfer his account to a third party.
Acceptance of these GTC
The User then reads these GTC and validates his registration by ticking the box "I accept the GTC", which become binding on him.
If the User refuses to accept the GTC, he will not be able to access the Platform. Once the GTC have been validated and the User's Profile has been created, the User will receive a confirmation email by electronic means to the email address he has entered (via the itsme® appl or other equivalent identification system) and will become a User of the Services.
By accepting the GTC, Users declare and warrant that they are at least 18 years old.
4.3 Medical questionnaire
After creating their Profile and validating the T&Cs, Users are invited to create their complete medical profile by completing the online questionnaires concerning their health, medical history and lifestyle. The answers provided by Users will be used to prepare their Check-up and/or Consultation.
Users declare and guarantee that all the information provided in the questionnaire is correct and free from any errors. The Check-up and Consultations carried out by the Healthcare Professionals will be based on the information provided by the User.
Riva Care as well as the Healthcare Professionals and Partner Laboratories are in no way responsible for the information entered by the User on the Platform and for the answers provided by the User to the questionnaires.
Completion of the questionnaire is a prerequisite for Riva Care to provide the Services to you. Accordingly, Riva Care reserves the right to refuse to provide the Service if it believes that it does not have the necessary information.
5. SERVICES
Once the Profile has been created, the User accesses a diary available from the Platform interface to book an appointment slot for a Check-up or Consultation.
The User also receives the results of the Check-up and/or Consultation via the Platform.
It is expressly stated that the Services described above are not exhaustive and that Riva Care reserves the right to add new functionalities as part of the development and updating of the Platform.
Users have a period of twelve (12) months from the creation of their Profile to carry out a Check-up. If the User does not carry out a Check-up within these twelve (12) months, he will lose his access to the Platform.
User have a period of 12 (twelve) months after the first Check-up to carry out a second Check-up. If the User does not carry out a second Check-up within these 12 (twelve) months, he will lose his access to the Platform.
6. FINANCIAL CONDITIONS
Check-up and Consultation prices are quoted in EURO on the Platform. Payment for the Services is made at the time of the physical Check-ups and Consultations.
The User understands and acknowledges that Riva Care acts as an intermediary in the provision of the Services via the Platform. As such, Riva Care does not interfere in matters relating to the reimbursement of health insurance, hospitalization insurance or other similar schemes. Any claims or questions relating to these matters are the sole responsibility of the User. RIVA CARE cannot be held responsible for decisions or delays concerning such reimbursements.
7. RIGHT OF WITHDRAWAL
As a consumer, the User has a period of 14 (fourteen) days following the booking to exercise his right of withdrawal.
To exercise his right of withdrawal, the User must send Riva Care (by email to contact@rivamedical.com) a clear statement of his decision to withdraw, as well as his full contact details (surname, first name, geographical address and, if applicable, phone number and email address).
The User may use the model withdrawal form below for this purpose by sending it by email or by registered post with acknowledgement of receipt, but this is not obligatory.
Model withdrawal form:
If you wish to cancel the contract, please fill in this form and return it by the above deadline.
- To the attention of Riva Care, e-mail address: contact@rivamedical.com
- I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract entered into by me/us (*) for the appointment of (*).
- Reserved on (*)
- User name: (*)
- User address: (*)
- Date of appointment: (*)
- Signature of the User: (*)(only if notified on paper)
- Date: (*)
(*) Delete as appropriate or complete. In accordance with Article VI.53, 1° of the Code of Economic Law, by booking a Consultation, a Check-up or any other service via the Platform before the expiry of the above-mentioned withdrawal period, you expressly and irrevocably waive your right of withdrawal.
8. OBLIGATIONS OF THE USER
8.1 Warning regarding access to and use of the Services
The User accesses the Services via the Internet communication networks. The User declares that he is aware of the risks and accepts them. In particular, the User acknowledges that information passing through or stored on the Internet may be intercepted or altered against Riva Care's will. The User further acknowledges that he has the technical and other skills and means necessary to access the Services, and that he has verified that the computer configuration used does not contain any viruses and is in perfect working order. Riva Care shall not be liable in any way whatsoever in the event of contamination of the User's computer equipment following connection to the Platform. Riva Care shall not be liable for any misuse of the Services by the User. Riva Care shall not be liable in the event of temporary, partial or total unavailability of the Services, in particular in the event of maintenance of the Services or of the servers on which the Platform is hosted, in the event of a technical incident and more generally in the event of an event beyond its control.
8.2 Responsibility of the User for his login details
The User's means of access (via the itsme® app or any other equivalent system made available by the Platform) are strictly personal and confidential. The User is solely responsible for their use and for maintaining their confidentiality and undertakes not to divulge them.
Any access, use of the Services and transmission of data made from a User's Profile will be deemed to have been made by the User. In this respect, Users are required to ensure that at the end of each session they effectively disconnect from the Services, in particular when accessing the Services from a public computer. Any loss, misappropriation or unauthorised use of a User's identifiers and the consequences thereof are the sole responsibility of that User.
In all of the cases mentioned above, the User is required to notify Riva Care without delay by electronic message, specifying his surname, first name and national registration number at the following address: contact@rivamedical.com so that Riva Care can proceed with resetting the Profile.
8.3 Punctuality and honouring appointments
The User undertakes to honour appointments made in person for a Check-up or Consultation. If the User is unable to attend, he undertakes to cancel or reschedule the appointment at least 48 hours in advance. If the User fails to show up at the appointment without at least 48 hours' notice, or is more than 20 minutes late, Riva Care reserves the right to invoice the full amount of the Services.
9. RESPONSIBILITY
9.1 Platform availability
Riva Care takes all reasonable and necessary measures to ensure the proper operation, security and accessibility of the Platform. However, Riva Care does not offer any guarantee of absolute operability and protection. Riva Care only undertakes an obligation of means. Riva Care reserves the right to interrupt access to the Platform, to discontinue or to modify all or part of the services available on the Platform, at any time at its sole discretion, without notice or explanation.
Riva Care shall not be liable for any interruption, discontinuance, modification or alteration of the Platform, nor shall this give rise to any compensation whatsoever. Riva Care reserves the right to suspend access to and/or use of the Platform in the event of non-compliance with these GTC, in the event of an event affecting the security of the Platform or in the event of suspected fraudulent or unauthorised use.
9.2 Limitation of liability
Except in the case of gross negligence or wilful misconduct and to the fullest extent permitted by applicable law, Riva Care shall not be liable for any damages User may suffer in connection with the use of the Platform or the provision of the Services. User acknowledges and agrees that Riva Care's role is limited to that of a mere intermediary and technical service provider in the provision of the Services via the Platform. Riva Care does not provide medical services or advice. Healthcare Professionals and Partner Laboratories are solely responsible for the performance and consequences of the services they provide (such as Check-ups and Consultations). Riva Care cannot therefore be held responsible in the event of medical error.
To the fullest extent permitted by applicable law, Riva Care disclaims all liability in the event of a dispute, however caused, between a User and a Healthcare Professional or a Partner Laboratory.
To the fullest extent permitted by applicable law, Riva Care's liability shall be strictly limited to 20,000 euros. In no event shall Riva Care be liable for any indirect, consequential or incidental damages, including, but not limited to, loss of data.
10. SUPPORT AND TECHNICAL ASSISTANCE
The User may contact members of the Platform's technical support team at the following e-mail address: contact@rivamedical.com.
11. INTELLECTUAL PROPERTY
Trademarks, logos, texts, software, scripts, graphics, photos, sounds, music, as well as content of all kinds on the Platform (graphic illustrations, texts, etc.) (the "Content") are protected by intellectual property rights belonging to Riva Care.
Riva Care's trademarks (registered and unregistered) and logos may not be used by User without Riva Care's prior written consent.
Any reproduction, communication, copying or other use (except for private use) of any Content by the User is prohibited without the prior written consent of Riva Care.
Users of the Platform may not systematically extract and/or reuse portions of the content of any service on the Platform without the express written permission of Riva Care. In particular, Users may not use a data mining robot, or any other similar data gathering or extraction tool, to extract (in one or more instances) or reuse a substantial portion of any service on the Platform without Riva Care's express written consent. Nor may Users create and/or publish their own databases that include substantial portions (e.g., our prices and product listings) of any service on the Platform without Riva Care's express written consent.
12. CONFIDENTIALITY
All information to which the User may have access in the course of using the Services is considered to be "Confidential Information" and may not be disclosed to third parties by the User.
The personal data communicated by the User is Confidential Information. It may not be disclosed under any circumstances, unless the User has disclosed it himself or given his consent.
PROTECTION OF PERSONAL DATA
In the course of providing the Services, the User is informed that Riva Care may collect and process personal data about the User.
For more information on the processing of your personal data, please consult our Privacy Statement and our Cookie Policy.
14. SUSPENSION
14.1 Suspension with notice
In the event of a breach by the User of these GTC or in the event of behaviour by the User which is likely to damage the reputation of Riva Care or the physical or mental integrity of Healthcare Professionals, or more generally in the event of a violation of the laws and regulations in force, Riva Care may as of right, upon notification sent by e-mail suspend or limit access to all or part of the Services provided to the User. Riva Care will endeavour to give the User notice to remedy the alleged defect(s) within a reasonable period of time (generally 15 days) before suspending or limiting access.
14.2 Suspension without notice
In the event of serious danger - assumed or proven - to one or more Healthcare Professionals, or to the reputation of Riva Care, Riva Care may suspend or limit the User's access to all or part of the Service without prior notice. The User will be informed of such suspension by e-mail.
15. TERMINATION
15.1 Termination by the User
Users may terminate their membership of the Platform and delete their Profile at any time by sending an e-mail to the contact address: contact@rivamedical.com. The User is hereby informed that he will no longer be able to access the Services from the date of termination.
15.2 Termination by Riva Care
In the event of a serious breach by the User of any of his obligations resulting from the GTC which is not remedied within fifteen (15) days of notification of the breach in question, or when, at the end of a period of suspension of the Service at the initiative of Riva Care, investigations have revealed facts attributable to the User, Riva Care reserves the right to unilaterally terminate the User's registration to the Service without compensation, without prejudice to any claim for damages to which Riva Care may be entitled.
16. MODIFICATION OF THE GENERAL TERMS AND CONDITIONS
The GTC may be modified at any time by Riva Care. Riva Care will inform the User of the modification of the GTC by any means of its choice. If the User does not agree with the new version, the User may terminate the GTC under the conditions set out in article 15.1 hereof and consequently undertakes to stop using the Platform.
17. FORCE MAJEURE
The Platform may be subject to maintenance and/or temporary unavailability. Riva Care cannot be held responsible for the Platform being out of service or for any technical malfunction of the Platform.
In the event of force majeure or any other circumstance beyond Riva Care's control which totally or partially hinders the fulfilment of its obligations, Riva Care is entitled to suspend the performance of its obligations or of the Platform, for the duration of the event. Cases of force majeure include, for example, strikes, fires, disruptions of business, energy supply, (telecommunication) network or connection or communication systems used in connection with the Platform.
In the event of force majeure, Riva Care is not liable for the non-performance of its obligations.
18. SUBCONTRACTING
The User declares and accepts that Riva Care may use one or more subcontractors of its choice during the performance of these GTC.
19. INTEGRALITY
The GTC express the entirety of the obligations of the Parties.
20. DIVISIBILITY
The nullity or inapplicability of one of the clauses (or part of a clause) of these GTC shall not affect the validity or applicability of the other clauses. Where appropriate, the disputed clause will be replaced by a valid clause which is the closest in economic terms to the invalid or inapplicable clause.
21. APPLICABLE LAW AND JURISDICTION
The GTC are governed exclusively by Belgian law.
Any dispute relating to the conclusion, validity, interpretation or execution of these GTC, as well as any other dispute concerning, or in connection with, these GTC, without exception, will be under the exclusive jurisdiction of the French-speaking courts of Brussels.