Blua: Video Consultation

ADDITIONAL VIDEO CONSULTATION TERMS OF SERVICE

Please review these additional video consultation terms of service (the "Terms of Service") in their entirety before accessing or using the video consultation services. If you do not wish to be bound by these Terms of Service, then you are not authorized to use the services in any way. If you assist another person in using our services, these Terms of Service are binding on the one you are assisting. These Terms of Service will apply to all video consultation services you access thereafter upon acceptance of these Terms of Service and can be viewed at any time on Bupa's digital platform.

U.S.A. Medical Services Corporation and its affiliated companies in Latin America listed below (collectively, "Bupa") offer their customers access through their digital platform ("My Bupa Latin America App" and "Web Portal") to the video medical consultation service (virtual medical care service). This video consultation service is not intended to attend medical emergencies, understood as critical life-threatening situations that require immediate medical attention. IF YOU BELIEVE YOU HAVE A MEDICAL EMERGENCY, PLEASE CALL THE EMERGENCY LINE IN THE COUNTRY WHERE YOU ARE LOCATED IMMEDIATELY. 

The medical video consultation service is provided by MEMORIAL INTERNATIONAL TPA LLC and its affiliates and contractors (hereinafter referred to as "Memorial International TPA", "DoctorOne" or "Tusicologo"). DoctorOne is the official independent third party medical provider of the video consultation service. Bupa collaborates with DoctorOne to provide customers with access to these services by integrating them within Bupa's digital health platform. Bupa does not provide medical services and is not the medical provider.

All information, recommendations and prescriptions under the video consultation service are those of DoctorOne and not of Bupa. Bupa is also not the provider of services that may result from the video consultation services, such as home visits or transfers to medical centers.

These Terms of Service are additional and complementary to the Terms of Use of the Bupa platform (My Bupa Latin America App and Web Portal) and do not replace them. BUPA RESERVES THE RIGHT, WITHOUT LIABILITY, TO MODIFY THE TERMS OF SERVICE AT ANY TIME, IN WHICH CASE BUPA WILL NOTIFY YOU THROUGH THE PLATFORM UPON IMPLEMENTATION. 

Bupa does not guarantee the availability or functionality of the video consultation services. BUPA RESERVES THE RIGHT, WITHOUT LIABILITY, TO MODIFY THE FUNCTIONALITIES OF THE PLATFORM AND/OR LIMIT AND/OR CANCEL ACCESS TO THE VIDEO CONSULTATION SERVICES AT ANY TIME AND FOR ANY REASON, IN WHICH CASE BUPA WILL NOTIFY YOU THROUGH THE PLATFORM AS SOON AS IT IS IMPLEMENTED.

Responsibilities and scope of service:

• Medical Services: DoctorOne is an independent provider and responsible for the provision of the video consultation medical service, including additional virtual program services such as psychology, nutrition and chronic disease services, as well as medical consultations, diagnoses and any treatment recommended during the virtual sessions. For clients of Bupa Ecuador S.A., Compañía de Seguros, DoctorOne is the provider of the services of home visits and transfers to medical centers derived from the video consultation service in Ecuador, whose terms and conditions are found in your policy.
• Memorial International TPA Terms of Use: By accessing the video consultation service, you warrant that you have read, understand and agree to Memorial International TPA's Terms of Use and Privacy Notice[LC1]  . In the event of a conflict between Bupa's Terms of Service or Privacy Notice and Memorial International TPA's Terms of Use or Privacy Notice, Bupa's Terms of Use and Privacy Notice shall prevail. Any questions, complaints, requests, claims or the like regarding medical care received through from the video consultation should be directed directly to DoctorOne at: despacho@doctorone.com.

• Access to the service: Bupa facilitates access to these medical services by integrating DoctorOne into the digital platform so that customers can easily access the medical care provided by DoctorOne through it.
  
  The insured understands that any referral, prescription, treatment, examination, test, procedure or similar arising from the video consultation service must be processed and pre-authorized by your insurer, where applicable, under the terms of your policy. You should consult your health plan coverage documents and contact your insurer to decide if these requirements apply to you. In no event shall DoctorOne's recommendation, referral or prescription be considered an authorization or approval by the insurer.

• Medical prescriptions: Prescriptions, if needed, are only available in Brazil, Bolivia, Colombia, Dominican Republic, Ecuador, El Salvador, Guatemala, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru and the Dominican Republic, in which countries they will issue electronic prescriptions for you to purchase medications at the pharmacy of your choice. The cost of prescription drugs varies according to your benefit plan. These are not covered as part of the video consultation benefit. Not all virtual consultations will result in the issuance of a prescription. They are only issued when medically appropriate and as determined by the provider of the DoctorOne video consultation. In countries where medical prescriptions are not available, medical professionals will provide medical guidance consultations.
• Limitations: Bupa shall not be liable, directly or indirectly, for any loss or damage caused or alleged to be caused in connection with your use of video consultation services and therefore shall not be responsible for the quality, accuracy, effectiveness, prescription of medications, diagnoses or results of medical services provided in video consultation. Your use of video consultation services does not in any way create a physician-patient relationship between you and Bupa or any type of medical professional relationship that gives rise to any duty for medical services on the part of Bupa. 
  
  YOU AGREE THAT THE ENTIRE LIABILITY OF BUPA'S RELEASED PARTIES (AS DEFINED BELOW) AND YOUR EXCLUSIVE REMEDY IN LAW OR EQUITY, OR OTHERWISE WITH RESPECT TO YOUR USE OF THE SERVICES, AND/OR FOR ANY VIOLATION OF THESE TERMS OF SERVICE, IS LIMITED ONLY TO THE TOTAL AMOUNT OF SERVICE CHARGES, IF ANY, THAT YOU HAVE PAID WITHIN THE LAST 12 MONTHS FOR THE VIDEO CONSULTATION SERVICE. THIS MEANS THAT BUPA HAS NO LIABILITY TO YOU WHEN IT PROVIDES YOU WITH FREE VIDEO CONSULTATION SERVICES. YOU AGREE THAT THE BUPA RELEASEES SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF YOUR USE OF OR RELIANCE ON THE SERVICES, OR THE INFORMATION CONTAINED IN OR THROUGH THE SERVICES, OR YOUR INABILITY TO USE THE SERVICES, ANY TERMINATION OF YOUR ACCESS TO OR DISCONTINUANCE OF THE SERVICES, OR ANY BREACH OF THESE TERMS OF SERVICE, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, AND LOSS OF GOODWILL, EVEN IF ANY BUPA RELEASEE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT ANY OF THE FOREGOING EXCLUSIONS OR LIMITATIONS OF LIABILITY ARE FOUND TO BE UNENFORCEABLE, THE LIABILITY OF THE BUPA RELEASED PARTIES SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. BUPA-REMOVED PARTIES" MEANS BUPA AND OUR AFFILIATES, SUBSIDIARIES, EMPLOYEES, SHAREHOLDERS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, ASSIGNS, PARTNERS, CUSTOMERS, AND SUPPLIERS.

• Age: Dependents under 18 years of age may use the video consultation service as long as they are accompanied by a parent or legal guardian during the consultation.
• Complex conditions or treatment: In cases of complex conditions or if the treatment requires specialized management, the provider may refrain from prescribing and will recommend the patient to see a medical facility or specialist, including pediatric or child health specialists for those under 18 years of age.
• Prohibited Conduct: You acknowledge and agree that you are not permitted, and you will not assist anyone else, to do any of the following:
• Using video consultation services in any way that violates any law and/or regulation;
• Misrepresent your identity or provide false information to us at any time on or through the video consultation services;
• Allow another user to use your credentials to access video consultation services, or use another user's credentials to do so.
• Engage in any activity that threatens the security or functionality of the video consultation services (such as unauthorized access, introducing viruses or reverse engineering).
• Disclaimer: Bupa tries to keep the services secure and bug-free, but you use them at your own risk.
• Restrictions: THE VIDEO CONSULTATION SERVICE IS NOT AVAILABLE IN THE UNITED STATES OF AMERICA. You represent and warrant that you are not located at the time of the video consultation in the United States of America.
• Compliance: Bupa reserves the right to refrain from providing access to video consultation services to the extent that it exposes Bupa to the risk of sanctions by any competent authority or to the risk of otherwise being involved in acts or conduct that any competent authority or regulatory body may consider prohibited or improper.
• No coverage modifications: The provision of the video consultation service related to illnesses, diagnoses, pre-existing conditions, condition and in general to any exclusion or limitation of coverage under the benefit plan, does not entail a modification of coverage and in no event constitutes a precedent with respect to future coverage of the same event, health condition or similar under the benefit plan and does not generate an acquired right.
• Bupa entities that offer their clients access to the videoconsultation service through Memorial International TPA: Bupa Insurance Company, Bupa Ecuador, S.A. Compañía de Seguros, Bupa Guatemala, Compañía de Seguros, S.A., Bupa Panamá, S.A., Bupa Dominicana , S.A., Bupa Insurance Limited.
  

Protection of personal data:

Data Controller: please refer to section I of the Privacy Notice of the service to know the details of the companies that act in each country as data controllers (depending on the company with which you have contracted the health policy).

Purpose: correct provision of the video consultation service that you have requested and voluntarily accepted.

Exercise of data protection rights: privacyoffice@bupalatinamerica.com.

For more information: see the service's Privacy Notice and/or contact the Privacy Officer: privacyoffice@bupalatinamerica.com.

Consents:

Without prejudice to the other purposes of the processing of personal data included in the policy and in the Privacy Notice, by accessing the video consultation service, I authorize my medical information generated in the video consultation service to be accessible through the Bupa platform. To this end, I consent to the medical provider, MEMORIAL INTERNATIONAL TPA LLC and its affiliates, sharing my personal data (including health and patient information) with U.S.A. Medical Services Corporation and its affiliates (collectively "Bupa") in order for Bupa to provide me with this service to access my medical information through the platform. I also consent to the transfer of such personal data to the medical professionals who will provide me with the future health services requested.

By accessing the video consultation service, I voluntarily and explicitly authorize Bupa and its affiliates to share my data with the video consultation medical service provider MEMORIAL INTERNATIONAL TPA LLC and its affiliates for the purpose of receiving the requested medical service.

By accessing the video consultation service, I warrant that I have read, understand and agree to these Terms of Service and the Privacy Notice.