The company derma2go AG, Wildbachstraße 77, 8008 Zurich, Switzerland operates an Internet-based system for the provision of medical services («derma2go.com»). The system makes it possible for persons with worldwide residence («patients») who are capable of acting to have a skin change assessed by a specialist in dermatology & venereology or by a doctor under the direct supervision of a specialist in dermatology & venereology («dermatologist») (teledermatology).
Derma2go.com is a mediation platform. The contract for medical evaluation is concluded directly between the dermatologist and the patient (hereinafter: treatment contract), with the company only a user contract is concluded.
The duration of the contract is unlimited. Each contracting party may terminate the contract within one week.
After starting a request, the patient is forwarded to a form. Here the patient can upload images, fill out a questionnaire and register/login. If the payment is processed via the platform, this is done in the next step. The information is then made available to the dermatologist. Based on this information, an assessment is made by the dermatologist, for whom the dermatologist is responsible. Derma2go.com assumes no responsibility whatsoever for the content of the medical evaluation. The evaluating dermatologist has the possibility to consult the patient in case of ambiguities or incompleteness regarding the information provided. The patient will receive a message via the communication channel chosen by him (e-mail or SMS) as soon as the assessment is available on derma2go.com. Should the patient have any further questions, the patient must start a new inquiry or make an appointment with the dermatologist.
The contract is concluded when the patient sends the request on derma2go.com between the dermatologist and the patient.
The price of an online consultation paid by the patient can be seen on the website derma2go.com and can vary both temporally and regionally. Of the compensation paid by the patient, the dermatologist receives 100%. The percentage distribution can be adjusted by the company. Such adjustments will be effective as of the next possible termination date after communication, unless the dermatologist has terminated the contract by then.
The company does not assume any liability in case of missing payment on the part of the patient.
Unless otherwise agreed, the Company shall fulfill its obligations by providing the agreed mediation and operating the Platform.
Derma2go.com may only be used by dermatologists who have completed a dermatological specialist training in dermatology & venereology or by doctors under the direct supervision of a specialist in dermatology & venereology.
The company points out that any communication media basically supplement and do not replace the personal doctor-patient contact. Exclusive consultation or treatment via communication media is permitted in individual cases, depending on regional legislation, if this is medically justifiable and the necessary medical care is ensured in particular by the way in which the findings are made, the consultation and the treatment. In the assessment, it should be noted in particular that the dermatologist does not have all the senses and necessary examination options available in the case of exclusive remote treatment in order to obtain a direct and comprehensive picture of patients.
The dermatologist is obliged to use the derma2go.com platform in accordance with the rules of his profession and regional legislation. The dermatologist undertakes to keep the access data and all data received about a patient secret and to protect them from access by third parties. The dermatologist is responsible for all actions taken through his access. The dermatologist is responsible for the operation and maintenance of his own equipment (e.g. PC, Mac, Smartphones, Tablets). The maintenance of your own equipment includes the installation of updates for the operating system and the browser, as well as the installation of an antivirus program.
The dermatologist is solely responsible and liable for his assessments. The dermatologist warrants to the Company that he will have valid professional indemnity insurance covering the telemedical advice he provides to patients worldwide throughout the term of this Agreement. Before answering any request, the dermatologist must verify that the patient has a residence covered by the doctor’s liability insurance. Derma2go offers the dermatologist an upstream filter function, the final check lies with the dermatologist.
Derma2go.com allows the preparation of medical prescriptions in some regions. A drug may only be prescribed if the patient’s state of health is known. The prescribing dermatologist himself is responsible at all times for the prescriptions he makes and the associated compliance with the applicable legislation and codes of conduct.
The company accepts no liability whatsoever for the content of the text modules provided on the derma2go.com platform for the preparation of medical reports. The consulting dermatologist is responsible for the content of the final medical reports at all times.
If due to insufficient information and/or picture transmission on the part of patient no medical evaluation can be given, an inquiry function is available, which must be used after discretion of the dermatologist for the fulfilment of the treatment order. If a clear assessment is not possible even afterwards, the personal invitation of the patient becomes necessary. The compensation paid for the online consultation is nevertheless due and will not be refunded to the patient. The specified time limit (receipt of enquiry to reply to enquiry) must be observed.
According to national legislation, the doctor is obliged to keep the documentation of his assessment. The documents can only be accessed on derma2go.com for a period of three months and must be stored independently by the doctor during this period. The company does not assume the obligation of the physician to store the data.
The contract concerning the medical evaluation of skin changes is concluded between the dermatologist and the patient. The dermatologist assumes sole and full responsibility for the medical evaluation. If the dermatologist considers an assessment based on the information provided to him to be impossible or too risky, he informs the patient immediately. Any liability on the part of the company for the correctness, appropriateness and timeliness of the dermatologist’s medical evaluation is excluded.
Although the Company attempts to maintain the operation of derma2go.com 24 hours a day, the Company shall not be liable for temporary unavailability of derma2go.com, failure of derma2go.com functions or delays in transmission.
The content of derma2go.com’s website has been created with the utmost care and in good faith. However, derma2go.com does not guarantee that the pages and content provided are up-to-date, complete or correct, as some of the content originates from third parties.
The website contains so-called «external links» to other websites on whose content the company has no influence. For this reason, the company cannot assume any liability for these contents.
Unfortunately, the transmission of data via the Internet is not completely secure. Although the Company takes reasonable steps to protect your privacy, we cannot guarantee the security of your information.
The company’s liability under the license agreement is excluded to the extent permitted by law. The dermatologist indemnifies the company from any claims of the patient from the medical evaluation.
The dermatologists are obliged to report any damages to the company immediately.
The data protection declaration on www.derma2go.com is an integral part of this contract.
By registering as a dermatologist with the company, you agree that you will be mentioned on derma2go.com as a participating dermatologist and that your consultation link will be provided there.
Furthermore, you agree that your data may be used as a reference customer.
These terms and conditions may be changed by the Company at any time. A corresponding change will be communicated to the dermatologist via the platform or via e-mail and is legally binding as of the next possible termination date after communication, unless the dermatologist has terminated the contract by then.
Should a provision of this contract or a supplement to this contract be or become invalid, this shall not affect the validity of the remainder of the contract. The contracting parties shall replace the invalid provision by a valid provision which comes as close as possible to the intended economic purpose of the invalid provision. The same shall also apply to any gaps in the contract.
This Agreement shall be governed by Swiss substantive law, to the exclusion of international conflict of law rules and treaties. The exclusive place of jurisdiction is the registered office of the company. However, the company is free to sue the dermatologist at his place of business.
