The purpose of these conditions of use is to regulate the use of the ‘myconsultation.be’ site by healthcare professionals and patients who use the site.
Article 1. LEGAL NOTICE :
PRISM3
Au Chession 1
4053 Embourg
Belgium
IVA: 0679.574.179 (RPM LIEGE)
Sito web: https://www.myconsultation.be/
E-mail: info@myconsultation.be
Article 2. DEFINITIONS
2.1. . Platform or Myconsultation: The https://www.myconsultation.be website on which the Patient or Professional registers.
2.2. User:The natural person who visits the Platform, whether a Healthcare Professional (doctor, dentist, veterinary surgeon or pharmacist), a Patient or an Internet User.
2.3. Healthcare Professional: A member of the medical profession whose contact details are included on the ‘myconsultation.be’ website. The Healthcare Professional may be a :
- Registered Healthcare Professional, i.e. a Healthcare Professional who has a Professional Account to exchange/book appointments with Patients;
- Non-Registered Healthcare Professional, i.e. a Healthcare Professional who does not have a Professional Account enabling him/her to connect to the ‘myconsultation.be’ platform.
2.4. Patient: The natural person who has a Patient Account and who logs on to it in order to make an appointment and/or exchange information with a Registered Healthcare Professional or the natural person whose data has been uploaded to the Platform by the Registered Healthcare Professional.
2.5. Patient Account: private and secure account created by a Patient to log on to the ‘myconsultation.be’ platform in order to make an appointment with a Registered Healthcare Professional and/or to chat with the latter.
2.6. Professional Account:Private and secure account created by a Registered Healthcare Professional to connect to the ‘myconsultation.be’ platform in order to make an appointment with a Patient and/or discuss matters with the latter.
2.7 Internet user: The natural person who visits the web page https ://myconsultation.be without logging into a Patient Account or a Professional Account
2.8. Site: the website https://www.myconsultation.be
Article 3. OPERATION OF THE PLATFORM
The Platform enables Healthcare Professionals and Patients to interact within the framework of targeted communications concerning the treatment and care of patients. The Platform provides a search engine for appointments with Healthcare Professionals.
3.1. For Patients and Registered Healthcare Professionals
3.1.1. The purpose of the ‘myconsultation.be’ Platform is to facilitate rapid contact between Patients and Healthcare Professionals Registered on the site, in particular by making appointments online.
3.1.2. Healthcare Professionals and Patients are invited to create a private and secure account in order to exchange information (concerning a possible appointment or a specific question such as a prescription renewal).
3.1.3Registered Healthcare Professionals are also invited to share their online diaries (if they have such a diary), which enables the Patient to make an appointment in real time.
3.1.4. The Platform therefore enables Registered Healthcare Professionals to:
- - Use an interactive online diary
- - Centralise Patients' requests/questions in order to optimise their time management and patient follow-up
- - Communicate with each other
- - Make appointments for their patients with other healthcare professionals
- - Consult their patients remotely using a teleconsultation system with video
3.1.5. The Platform therefore enables Patients to :
- - Send their requests/questions to Registered Healthcare Professionals
- - Make appointments with Registered Healthcare Professionals using the online appointment search engine
- - Request prescription renewals
3.2. . For Internet Users and Non-Registered Healthcare Professionals
3.2.1. The ‘myconsultation.be’ Platform also allows any Internet User/Patient to consult the public Contact Data of Healthcare Professionals, whether they are Registered or Non-Registered (if the latter have given their consent).
3.2.2. Non-Registered Healthcare Professionals may be listed on the Platform at their express request. To this end, they may create a free Profile.
3.2.3. To view the profiles of Non-Registered Doctors, it is not necessary for the Internet User/Patient to have a Patient Account or for the Healthcare Professional to have a Professional Account.
Article 4. ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS OF USE :
4.1. In order to benefit from all of the Platform's services, Patients and Healthcare Professionals must first register on the Platform and create an account on.
4.2.To open an account, the Patient or Healthcare Professional must first accept these General Terms and Conditions of Use (hereinafter referred to as the ‘Terms’, ‘General Terms and Conditions of Use’ or ‘GTCU’).
4.3. All Users agree to comply with the GCU.
4.4 It is suggested that you print or save a copy of these Terms locally.
Article 5. CONDITIONS FOR REGISTRATION ON THE PLATFORM
5.1 Patient registration
5.1.1. When registering, the Patient must follow a specific registration procedure in order to create a secure account.
5.1.2. Patient registration is free of charge.
5.1.3. . In order to benefit from the Platform's services, the Patient acknowledges :
- Be of legal age
- Register personally and on his/her own behalf
- Comply with all applicable regulations, in particular those of his/her country of residence, which the Patient is presumed to know
- Accept and comply with the Site Terms and Conditions and the privacy policy, and consult them regularly to check for updates.
5.1.4. Notwithstanding article 5.1.3, the Patient may be a minor. In this case, registration must be carried out by the holder of parental authority.
5.1.5. Any person who does not meet one of the required conditions does not have the right to use the services offered by the Platform.
5.2 Registration of the Healthcare Professional
5.2.1. When registering, the Healthcare Professional must follow a specific registration procedure which will enable him/her to obtain a secure account.
5.2.2. Registration is subject to payment of a subscription by the Healthcare Professional.
5.2.3. In order to benefit from the Platform's services, the Healthcare Professional acknowledges:
- -Being of legal age
- - Registering in a personal capacity and on his/her own behal
- - Being a healthcare professional, i.e. a doctor, pharmacist, dentist or veterinary surgeon, holding a healthcare professional diploma
- -Complying with all applicable regulations, in particular those of his/her country of residence, which the User is presumed to know
- - Accepting and complying with the Site Terms and Conditions and the privacy policy, and consulting them regularly to check for updates.
5.3. Conditions applicable to all Platform Users
5.3.1. Users of the Platform agree to comply with the terms and conditions of use of the Website. They also acknowledge having read them before creating an account on the Platform.
5.3.2. Myconsultation reserves the right to temporarily or permanently suspend the registration of any User who contravenes, attempts to contravene or has attempted to contravene the General Terms and Conditions of Use of the Platform or any other obligation incumbent upon it by virtue of the law.
5.3.3. Any person who does not meet one of the required conditions is not entitled to use the services offered by the Platform.
Article 6. PAYMENT METHODS FOR REGISTERED HEALTHCARE PROFESSIONALS
6.1. Myconsultation offers the Registered Healthcare Professional the option of paying the membership fee at the time of registration via:
6.1.1. A manual bank transfer to the account of the company PRISM3: BE51 1325 5339 6862
6.1.2. . Automatic payment by credit card (Visa, MasterCard, American Express or Union Pay)
6.2. If the Registered Healthcare Professional wishes to benefit from the automatic payment provided for in article 6.1.2, he/she will be invited to create a profile on the RECURLY subscription service (https://recurly.com/). The Registered Healthcare Professional must enter his credit card details in his Professional Account. The RECURLY subscription system is linked to the STRIPE payment platform.
6.3.For any questions regarding payment methods, the Registered Healthcare Professional may send an email to info@myconsultation.be
. DURATION OF THE REGISTERED HEALTHCARE PROFESSIONAL'S SUBSCRIPTION
7.1. The Healthcare Professional registers, except in cases of force majeure, for an irrevocable period of 12 months.
7.2. Unless notice to the contrary is given by registered mail no later than 1 month before the anniversary date of the subscription, it will be tacitly renewed for the same period and under the same conditions.
7.3. If the Registered Healthcare Professional objects to the renewal of the subscription in accordance with article 7.2, his/her Professional Account will remain accessible until the end of the current year.
7.4. Without prejudice to the previous article, the Registered Healthcare Professional may request the deletion of his Professional Account at any time, without justification. In this case, the Registered Healthcare Professional must give 30 calendar days' notice. The Professional Account will remain accessible until the end of the notice period.
7.5. At the end of the contract, unless it is renounced 3 months before the end of the contract, the subscription will be renewed for an equivalent period and under the same conditions.
Article 8. RESTRICTIONS
8.1. The Healthcare Professional or the Patient agrees to register solely for the purposes set out in the General Terms and Conditions and in accordance with the conditions of use of the Site. He agrees to comply with all laws, rules and regulations applicable to the use of the Services.
8.2. Within the limits of applicable law, the User is not authorised to:
- - use the Platform in any way or on any device that is illegal, unlawful, fraudulent or harmful
- - obtain unauthorized access to the accounts of other Patients or Registered Healthcare Professionals or to Myconsultation's computer equipment or structure for, including, but not limited to, transmitting viruses, spyware, malware or any other code of a destructive, harmful or disruptive nature
- - use the Platform to conduct or promote illegal activities
- - use the Platform to generate unsolicited e-mail advertising or spam
- - use the Platform to impersonate any person or entity or falsely state or otherwise misrepresent its affiliation with a person or entity
8.3. Except as expressly stated in the General Terms and Conditions, no licence or right of any kind whatsoever, whether express or implied, is granted to the User in respect of the Site or any part thereof, including but not limited to any right to obtain possession of any source code, data or other technical material relating to the said Site.
Article 9. INTELLECTUAL PROPERTY RIGHTS
9.1. The Site, including the text, structure, layout, graphics, presentation, logos, software and any other elements contained on the Platform, are protected by the intellectual property rights of Myconsultation, its suppliers or partners. These intellectual property rights include, but are not limited to, copyright, neighbouring rights, database rights and trademark rights.
9.2. Other product or company names mentioned on the Platform may be trademarks of their respective owners. Without the prior written authorisation of the rightful owner or of Myconsultation, the User is prohibited from modifying, copying, distributing, communicating, translating, broadcasting, reproducing, publishing, licensing, transferring or selling the information, software, products or services obtained from these sites. It is also forbidden to create derivative works from the aforementioned elements.
Article 10. LIMITATION OF LIABILITY
10.1. Limitation of liability for User content
10.1.1. In accordance with Article XII.19 of the French Code of Economic Law, Myconsultation shall not be held liable for the content of Users, and in particular for content contained in exchanges between Patients and Registered Healthcare Professionals or in Patients' medical records. Myconsultation does not play any active role or take any initiative or provide any additional assistance in the presentation or use of User content.
10.1.2. Myconsultation is in no way responsible for the accuracy, timeliness, veracity, completeness or reliability of Patients' medical records, prescriptions or any other documents communicated on the Platform by the Patient or the Registered Healthcare Professional. In fact, Myconsultation plays no active role in such content, which would give it any knowledge or control over the data stored. Myconsultation acts only as a hosting provider within the meaning of the French Code of Economic Law.
10.1.2. Myconsultation does not undertake and does not assume any responsibility or obligation to monitor any User Content that is either inappropriate, infringes or may infringe the rights of any third party, or has been uploaded in violation of this Agreement or any applicable law. Although Myconsultation has no legal obligation to monitor any User Content made available on the Platform, it reserves the right to remove any inappropriate content in accordance with Article 13.
10.2. Limitation of liability for services provided by Registered Healthcare Professionals
10.2.1. Myconsultation is in no way responsible for compliance with its obligations (medical or otherwise) by the Registered Healthcare Professional. The Registered Healthcare Professional remains solely responsible for the content of Patients' medical records.
10.2.2. When registering on the Platform, the Registered Healthcare Professional may upload his patient database. The Registered Healthcare Professional remains fully responsible for this database. The Registered Healthcare Professional is also considered to be responsible for data processing from the point of view of data protection (see privacy policy).
10.2.3. Myconsultation shall not be held liable for any failure by the Registered Healthcare Professional to keep appointments or provide medical services.
10.3. . Limitation of liability for use of the Platform by the User
10.3.1. The User expressly agrees to use the Platform at his/her own risk and under his/her sole responsibility. Myconsultation cannot be held liable under any circumstances for any fault committed by a User, including if this fault occurs during the User's use of the Platform.
10.3.2. Myconsultation shall in no event be held liable for fraudulent use of the Patient's or Registered Healthcare Professional's account by a third party. It is the responsibility of the Patient or Registered Healthcare Professional to take all necessary precautions to ensure that his or her account is not used fraudulently.
10.4. Limitation of liability for access to the Platform
10.4.1. Myconsultation undertakes to use its best efforts to secure access, consultation and use of the Platform in accordance with Internet usage rules. Access to the Platform is possible twenty-four (24) hours a day, seven (7) days a week, except in the event of force majeure or an event beyond Myconsultation's control, and subject to any breakdowns and maintenance operations necessary for the proper functioning of the Platform and equipment, which may be carried out without prior notice to the User.
10.4.2. In order to benefit from all the advantages of the Platform, devices such as mobile devices require a WIFI or (mobile) Internet connection. Access to such a WIFI or Internet (mobile) connection is the sole responsibility of the User. The User must ensure that the browser on his/her (mobile) device meets the minimum system requirements. If the User's browser does not meet these minimum requirements, Myconsultation cannot guarantee that the Site or any part thereof will function correctly.
10.4.3 3 Consequently, Myconsultation cannot be held liable in the following cases:
- - Temporary interruptions to update certain files
- - Operating difficulties or temporary interruption of the Platform beyond the control of Myconsultation, in particular in the event of interruption of electricity or telecommunications services
- - Temporary interruptions of the Platform required for its development or maintenance
- - Failure or malfunction of the Internet network in the transmission of messages
10.4.4. The User declares that he/she accepts the characteristics and limits of the Internet, and in particular acknowledges :
- - that they are aware of the nature of the Internet, in particular its technical performance and response times for consulting, querying or transferring information
- - that the communication of any access codes or, more generally, of any information deemed confidential is made under their own responsibility
- - that it is their responsibility to take all necessary measures to ensure that the technical characteristics of their computer enable them to consult the information on the Site
- - that it is their responsibility to take all appropriate measures to protect their own data and/or software from contamination by any viruses circulating on the Site
10.5. General information
10.5.1. Myconsultation shall not be held liable for any damage not resulting from its wilful misconduct or gross negligence.
10.5.2 In any event, Myconsultation may not be held liable for :
- - any direct or indirect damage, in particular with regard to loss of profits, loss of earnings, loss of customers, loss of data, etc., which may result from the use of the Platform or, on the contrary, from the impossibility of using the Platform;
- - the content of advertisements and other links or external sources accessible by the User from the Platform;
- - the content of medical records and compliance with their obligations by Healthcare Professionals
Articolo 11. CONFIDENTIALITY
11.1. The User is aware that confidential data may be exchanged on the Platform.
11.2. The Patient who communicates confidential data to the Registered Healthcare Professional does so on the basis of his/her consent (see privacy policy).
11.3. . The Registered Healthcare Professional is bound by medical secrecy and its code of ethics. He further acknowledges that disclosure of confidential information would cause substantial harm for which damages alone would not constitute sufficient compensation and that, therefore, in the event of disclosure, the Patient shall be entitled to equitable relief, including injunctive relief, in addition to any other relief available at law.
Articolo 12. HYPERLINKS
12.1. Web spaces outside the domains and sub-domains of the Platform and, more particularly, web spaces to which Users may be referred via hyperlinks on the pages of the Platform remain the sole responsibility of the owners of such web spaces.
12.2 Myconsultation cannot exercise any permanent control over these web spaces, nor accept any responsibility for their content. The inclusion of these links does not imply any approval by Myconsultation of the elements contained on the Platform.
12.3 Myconsultation therefore declines all responsibility for the material and data of any nature whatsoever contained in or disseminated on the web spaces referred to and for the processing of personal data carried out therein.
Article 13. SUSPENSION - DELETION OF ACCOUNT
13.1. Any person who contravenes or attempts to contravene the General Terms and Conditions may have their account suspended, limited or deleted without notice. Likewise, and at its sole discretion, Myconsultation may verify the accuracy of the information provided and request proof of identity or residence. Any infringement of the law, whether in terms of personal information supplied as false, or in terms of destabilization of the system (such as piracy, fraud and in particular but not limited to misappropriation of accounts, etc.) may result in the account being closed. The user will also be liable to prosecution. Any misuse of a Patient or Professional account, whether to the detriment of a third party or to the detriment of Myconsultation, will result in the blocking or deletion of the offending account and the transmission of the offence to the competent authorities.
13.2.2 In the event of prohibited use of several accounts by a single User, piracy of one or more other accounts, or prohibited transactions relating to accounts, the User concerned will have all the accounts concerned closed.
13.3. If Myconsultation receives several complaints from other users concerning the behaviour of a User (insults, misleading advertising, etc.) it may send a warning to the User concerned to remind him/her that he/she is required to behave as a good father of the family. If the User fails to comply with this warning, and in the event of a further complaint or if Myconsultation establishes by any other means that the User is again demonstrating inappropriate behaviour, the User may have his or her account suspended, limited or deleted without further notice.
13.4. Although Myconsultation has no legal obligation to monitor any User Content made available on the Platform, Myconsultation reserves the right to remove, edit and/or block any User Content at any time, and to immediately limit or restrict access to any User Content, for any reason and without liability, if Myconsultation has reason to believe, in its sole discretion, that such content violates or may violate the rights of any third party, has been provided in violation of this Agreement, or any applicable law, or is otherwise unacceptable to Myconsultation.
13.5. Any Patient or Healthcare Professional may request to unregister and delete their account on the Platform at any time, without justification and at no cost. This deletion request must be made with 30 days' notice if the User is a Registered Healthcare Professional.
13.6. In the event of non-payment of an invoice within the stipulated period, Myconsultation reserves the right to permanently delete the Registered Healthcare Professional's account, unless the latter has sent a request for exemption. Myconsultation reserves the right to accept or reject this request for exemption. This choice is left to the discretion of Myconsultation.
Articolo 14. PROTECTION OF PERSONAL DATA
14.1 Myconsultation intends to comply with REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter RGPD).
14.2.For more information regarding the use of personal data as well as the rights to which the User has access, the User may consult the Myconsultation Privacy Policy available here.
Articolo 15. PARTIAL NULLITY
15.1 If any of the clauses or provisions of the General Terms and Conditions prove to be null and void or unenforceable due to the application of a law or a rule enacted by a court, the contract shall not be considered null and void.
15.2. In such event, the contract will be interpreted as limiting the application of such clause or provision to those measures which are necessary in order to render the contract valid and enforceable, or insofar as the competent court considers that such a limitation cannot be implemented, the contract will be interpreted and enforced as if such illegal and unenforceable clause had never been contained in these General Terms and Conditions.
Article 16. APPLICABLE LAW AND JURISDICTION
16.1 All disputes arising out of or in connection with the Site and its use shall be governed exclusively by Belgian law. For this purpose, the courts of the judicial district of LIEGE shall have exclusive jurisdiction.
16.2. Use of the Site is not authorized in countries where the present provisions, including this paragraph, do not apply.
16.3. If you do not agree with the content of these terms and conditions, the only possible recourse is to no longer use the Site.
Last modifications : August 2023.