MyMama Ltd

Terms and Conditions 

 

The following policy governs the use of the services offered by MyMama Ltd (hereinafter referred to as the ‘Company’) on the Company’s website (www.mymama.mt) and any associated mobile applications.

By using the Company’s services via the website www.mymama.mt our mobile application (hereinafter referred to as “Platform”, “We’, “Our”), you accept these terms and conditions in full, along with all other rules, policies and procedures that may be published by the Company on the Platform or otherwise communicated to you from time to time by the Company (the “Terms & Conditions”).

Please do not use our services if you don’t understand the terms and conditions or you don’t wish to accept their content. The Platform reserves the right to suspend or terminate your access to the Platform at any time, without notice and without liability, if it reasonably determines you have breached these Terms and Conditions.

The Platform is solely available for users that are currently within Malta and other EU/ EEA countries, and the UK.

The Platform is governed by Maltese law and any form of liability claims has to be brought up in a Maltese court.

If you chose to not follow the terms, neither the team of professionals nor the Platform is in any way liable for your actions. No one residing outside the EU/ EEA / UK is allowed to seek online consultations by the professionals on the platform and any attempt to this will be reported to the authorities.

The use of VPN or other similar services to access the Platform is strictly prohibited.

 The Company’s online consultation services are NOT FOR MEDICAL EMERGENCIES OR URGENT SITUATIONS. IF YOU BELIEVE THAT YOU OR THE PERSON YOU ARE ASSISTING NEEDS URGENT CARE, PLEASE CALL 112 OR SEEK ALTERNATIVE EMERGENCY MEDICAL ASSISTANCE.

If you still choose to use the service in a time of emergency, the professionals on the platform reserve their full right to either contact emergency services on your behalf to see to that you are being taken care of.

 

  1. Description of the Company and its services

MyMama Ltd is a Limited Liability Company registered in Malta (MyMama Ltd C 95398). The Company’s Platform enables individuals in Malta, the EEA and/or the UK (hereafter referred to as “Customer”, “Customers”, “you”, “your”, “yourself”) to connect in real-time, via encrypted video, instant messaging and picture messaging, to a team of qualified professionals (hereafter referred to as the “Team of Professionals”, “Individual Professional”) via the Platform in order to gain qualified and professional advice and in the case of healthcare professionals be provided with related administrative services that might include referrals, prescriptions and sick notes (only if deemed adequate and at the discretion of the Individual Professionals).

The Platform and Team of Professionals reserve the right to change at any time the charges for the services and such changes will be notified in the manner as mentioned in the present Terms and Conditions.

You hereby understand, accept and agree that the Team of Professionals listed on the Platform are independent professionals and they are individually responsible for any medical or other advice they offer you via the Platform. You agree to take due care and caution while seeking any advice from the Team of Professionals on the Platform and you release the Company and Platform from any loss that arises to you due to the advice given by the Team of Professionals via the Platform. The Company assumes no responsibility for the training, qualification or accuracy of the diagnosis/advice of the Team of Professionals, although all efforts as required by the applicable laws are made to ensure a diligent onboarding process of the said Team of Professionals.

By using the Platform, you understand and accept that the Platform enables Customers to consult with Team of Professionals on a private and self-pay basis from time to time. While using the Platform you shall have the option (entirely at your discretion) to share your medical records (that may help the Individual Professional prepare for your consultation) before the start of your consultation (during the booking process).

You agree that should you wish to seek professional advice and the services of the desired Individual Professional are not available at that time or there are no appointments available to suit your needs; or you miss upon an appointment or you fail in the connection to an appointment that has been started by you or you attend an appointment that has been cancelled or the Practitioner is not available, then it shall be your responsibility to seek appropriate alternate advice from alternate service providers and at the applicable charges.

 

  1. Internet Connection

You are required to have an internet connection of 1 Mbps in order to use the Platform. Such bandwidth connection is required for best quality connection and we recommend the use of at least a minimum of 3 Mbps available bandwidth.

The Platform does not guarantee that a connection can be made or maintained at any time. Should an online consultation or LIVE online course be missed due to internet connection issues stemming from the Platform or the Team of Professionals, the Company will refund or reschedule the online consultation or course as agreed with the Customer.

 

  1. Changes in the Platform and its services

The Platform reserves the right to change the Individual Professionals available on the Platform and/or otherwise alter the content and services it offers to Customers from time to time, at its sole discretion, but at all times in line with the Platform’s legal obligations.

 

  1. Services offered

Online Consultations

The fees associated with Individual Professionals are specified on the Platform. Individual Professionals chose the session length they deem suitable for their service, and the session length and fee cannot be changed by the Customer. The Company and the Individual Professionals reserve the right to change the fee and/or the length of online consultations as they deem necessary from time to time, while committing to inform potential and current Customers of these changes.

You can book one online consultation, or a number of sessions subject to the availability of the real-time calendar embedded on each of the Individual Professionals profile pages. Once a slot has been confirmed by the customer, two events happen at the same time - an email is sent to the customer confirming the booked slot and indicating the Zoom link for the meeting, and the customer is taken to a checkout page to affect payment. On the booking page, and in these Terms & Conditions, it is clearly indicated that unless the customer affects payment for the online consultation, the reserved slot is automatically cancelled and the Zoom link becomes invalid. An email is sent to the customer who fails to complete purchase, one hour after confirmation of booking and abandonment of cart. 

Following successful payment of the fee, you will receive a confirmation email with the Zoom link for your online consultation. You will receive email reminders, and should you choose to, SMS reminders prior to your appointment. The Company will notify you via email should there be any changes to your appointment.

Should you leave an online consultation that is in progress, this might prevent you from receiving the full services that you paid for, and this shall be your choice and you shall not hold us responsible for the same.

The Customer agrees that there will be strictly NO RECORDING (video, audio or otherwise) during online consultations, unless specifically agreed to IN WRITING by the Individual Professional (via an email sent by the Individual Professional to the Customer).

The Platform and the Team of Professionals assume no legal responsibility in regard to any prescription provided to you that pharmacies refuse to dispense. The right to fulfill or reject the any prescription lies totally with the respective pharmacies and the Platform and the Team of Professionals assume no responsibility of the same. At the Individual Professional’s discretion, prescriptions, sick notes and referrals are sent to the Customer via email or instant messaging services, as agreed between the Individual Professional and the Customer.

Cancellation and Rescheduling Policy for online consultations:

Online consultations booked on www.mymama.mt may be cancelled by the client up to two days (48 hours) before the booked time and date. A full refund will be issued by MyMama Ltd in this case for cancellations.

Online consultations that are cancelled by the client one day (24 hours) before the booked time and date are subject to a Eur10 cancellation. The remaining balance will be refunded by the Company.

Online consultations that are cancelled by the client less than 24 hours before the booked time and date are subject to the full fee.

To reschedule a booked online consultation, a client is to CANCEL the consultation as per MyMama Cancellation Policy (same terms apply), then re-book via the professional's page on the MyMama website.

Whilst we do our best to avoid this happening, any cancellations or rescheduling by the Team of Professionals or the Platform will not forfeit any fees, but are requested to be avoided as much as possible.

 

 Online Courses

The Company’s online courses via the Platform are delivered by the Team of Professionals and are either available as LIVE online courses via Zoom, or as pre-recorded on-demand courses that the Customer obtains access to via the Platform once payment is affected. The Company and the Team of Professionals reserve the right to:

  • Change the content of the online courses, with suitable notice given to current and potential Customers via the platform

  • Add new courses from time to time

  • Withdraw existing courses from time to time

  • Change the fees for individual online courses from time to time, or as part of a special offer or promotion from time to time.

LIVE online courses might be recorded, at the discretion of the Individual Professionals, and with the consent of the Customers attending, should any one of the attendees not be able to make any session, with the recording being made available on the Platform for the attendee to watch in lieu of the LIVE session. LIVE sessions will not be repeated by the Individual Professional.

Cancellation or non-attendance of LIVE online courses by the Customer due to any reason does not entitle the Customer to a refund or extra sessions. At the Individual Professionals’ discretion, as mentioned above, the Customer may be offered to follow a recording of the session.

The Company reserves the right to cancel or reschedule LIVE online courses, or substitute tutors at any time. The Company will ensure that the Customer is notified when a course is cancelled or rescheduled at least ONE (1) working day in advance. The Customer will in this case, be given the option to choose a full refund of the course fees, or to reschedule the course on a case-to-case basis.

 

Class Based Courses

The Company's class based courses will be held at suitable locations, as required and decided by the Company.

  • Cancellation/ Non-attendance by the client due to illness or for personal or professional reasons does not entitle the applicant to a refund or transfer of fee.
  • The Company reserves the right to amend or cancel courses, change course dates, substitute educators at any time. The Company guarantees one (1) working day notice when a course is cancelled or rescheduled. The client will be given an option to choose another related course or to be given a full refund of the course fees or of the classes cancelled. The Company will not, in any manner whatsoever, be liable for any losses including, but not limited to, travel and accommodation expenses arising as a consequence of any modification or cancellation of courses.

 

  1. Information provided by the Customer during online consultations and online / class based courses

You agree that you are solely responsible for providing accurate information about your medical condition or other issues. You agree that any professional advice provided to you or any diagnosis provided to you is entirely based upon the information provided by you, the symptoms you describe and/or on the medical records that you voluntarily present prior and during the consultation. You are advised to provide information to the Team of Professionals or Individual Professional that is as accurate as possible so that they can in turn provide you with accurate diagnosis and/or advice.

The Company DOES NOT in any way or format store the personal or medical information passed on to the Team of Professionals at any stage of the booking or online consultations or sessions. The only personal information that the Company retains is the name/surname, email address and/or phone number that you willingly submit on registration to the Platform’s mailing list (the latter will be used to contact you in case of last-minute announcements or information concerning your online consultation or online course). In some cases, you might be asked to submit your home address should we need to send you physical certificates or other resources pertaining to specific online courses that you have registered for. We will store your home address only for this purpose, then proceed with erasing this information from our records once the course is completed.

You are advised to inform us of the following changes so that we can continue to contact you with information about your online consultations and booked online courses:

  • Changes to your name/surname

  • Changes to your email address

  • Change of your phone number

 

  1. Payments

For all of the Company’s current and future services, you agree that should payment not be authorised for the services you wish to book, then the Platform or the Team of Professionals shall not provide any of the services.

You agree that all fees and charges incurred on your account are your sole responsibility and the same shall be pre-authorised before the receipt of any services.

 

  1. Using the Company’s Services

You may use the Company’s services only if you are at least eighteen (18) years of age (unless agreed to in writing with a legal guardian with The Company for suitable services/courses) and can form a binding contract with us, and only in compliance with this Agreement and all applicable local, state and national laws, rules and regulations.

Customers using the Company’s services must register for an account via the Platform (hereby referred to as "Account") and provide certain personal information including personal information such as name, email address and password. Accounts can be owned by one single individual, not a group or organisation.

In creating an account, you represent to us that all information provided to us in such process is true, accurate and correct, and that you will update your information as and when necessary in order to keep the information accurate.

You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Our Platform cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

You must not share your password or other access credentials with any other person or entity that is not authorized to access your account.

You are solely responsible for any activities that occur under your account access credentials. To safeguard you, the Company encourages use of passwords that includes a combination of upper- and lower-case letters, numbers, and symbols) with your account. The company is not liable for any loss or damage arising from your failure to comply with any of the above.

Our Platform reserves the right to cancel unconfirmed, suspicious or inactive accounts. The Company reserves the right to refuse service to anyone, for any reason, at any time.

You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by the Company’s policies as listed on the Platform as well as all other operating rules, policies and procedures that may be published from time to time on the Platform.

 

  1. Security

You are prohibited from violating or attempting to violate the security of the Platform, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorised to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Platform, overloading, "flooding," "spamming," "mail-bombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from us on this Site and other than generally available third party web browsers (.

We have employed highest possible security measures to protect your data which is stored with us. While we take all possible measure steps, you must immediately notify us at the email address mentioned in the Contact Us section of the Platform upon becoming aware of any unauthorized access, any illegal online activity or any other security breach pertaining to the Platform, your Account or our Services and do everything under your control to mitigate the unauthorized access or security breach (including providing us the evidence and notifying appropriate authorities). You are solely responsible for securing your password and the Company will not be liable for any loss or damage arising from unauthorised access of your account resulting from your failure to secure your password.

 

  1. Changes to the Terms & Conditions

We may at any time modify the Terms & Conditions of Use of the Platform without any prior notification to you. You can access the latest version of the User Agreement at any given time on our Platform. You should regularly review the Terms & Conditions on our Platform. In the event the modified Terms & Conditions is not acceptable to you, you should discontinue using the service. However, if you continue to use the service you shall be deemed to have agreed to accept and abide by the modified Terms & Conditions of Use of this Platform.

 

  1. Mailing list

You agree that by creating an account on the Platform and registering for the services and by providing opt-in consent, you give your consent to receive marketing material from the Company from time to time, other information related to topics relevant to the Platform.

If you do not wish to receive such communications, you may opt-out at any time by unsubscribing from the Company’s mailing list.

 

  1. Limitations on use

You agree that you will not, and will not permit anyone else to:

You agree not to:

  • Record, transmit, submit, upload or otherwise make available any Content in the form of information on admission forms, feedbacks, chats etc. that is unlawful, harmful, threatening, abusive, harassing, lewd, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;

  • Impersonate any person or entity, including, but not limited to, any of the Company’s employees or Team of Professionals, or falsely state or otherwise misrepresent your affiliation with a person or entity;

  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any of our messages or Content transmitted through our Website;

  • Record, transmit, or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary or confidential information learned or disclosed as part of an employment relationship or under a nondisclosure agreement);

  • Record, transmit, or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights (“Rights”) of any party;

  • Record, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

  • Interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies, or regulations of networks connected to the Website;

  • Intentionally or unintentionally violate any applicable local, state, national law and any regulations having the force of law;

  • “Stalk” or otherwise harass other individuals or groups via the Platform;

  • Collect or store personal data about any other members or users;

  • publicly (feedback/comments) post information that poses or creates a privacy or security risk to ANY PERSON (including, for example, by publicly posting any person's contact information on our Services without authorisation) or publicly post any review etc. with an intention to extract money from any business.

You acknowledge that while we do not, in the ordinary course, access, review, or pre-screen Content, we have the right (but not the obligation), in our sole discretion, to access, review, pre-screen, refuse, or remove any Content that is available via our Platform. Without limiting the foregoing, we have the right to remove any Content that violates these Terms or is otherwise objectionable in our sole discretion. We also reserve the right to access, preserve, and disclose any Content or information as we reasonably believe is necessary to (a) satisfy any applicable law, regulation, legal process, or governmental request, (b) enforce these Terms, including, but not limited to, investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security, or technical issues, (d) respond to member or user support requests, or (e) protect the rights, property, or safety of our Website, its members, users, and the public.

 

  1. Temporary use licence granted to Customers

Our Platform grants you a non-transferable, non-exclusive, license to use the Company’s Services solely for (a) your personal, non-commercial or (b) your commercial use in accordance with the applicable restrictions outlined if you have subscribed to the Services as a commercial user. If at any time our Platform reasonably believes in its sole discretion that you are using the Service beyond this scope, we may terminate your access to the Service with no additional liability to you. The rights granted to you in these Terms are subject to the following restrictions:

  • you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services;

  • you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services;

  • you shall not access the Services in order to build a similar or competitive service; and

  • except as expressly stated herein, no part of the Service may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Platform or Services shall be subject to the terms of this Agreement.

Your license to use our Website is automatically revoked if you violate these Terms. We hereby reserve all rights not expressly granted in these Terms.

 

  1. Links to third party websites

Links to third party websites on this Platform are provided solely as a convenience to you. If you use these links, a new browser will be lodged to access linked websites. The Company does not review these third party websites and does not control and is not responsible for any of these websites or their content and their privacy policy and terms and conditions. We do not endorse or make any representations about them, or any information, or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Platform, you do this entirely at your own risk.

 

  1. Intellectual property

The Company, its Platform and the Team of Professionals expressly reserve all intellectual property rights in all text, videos, workflows, any content and other materials, which appear on the Platform. Access to the Platform does not confer and shall not be considered as conferring upon anyone any license under any of our Platform or any third party's intellectual property rights. All rights, including copyright, of the Platform are owned by or licensed to us or third party suppliers. Any use of the Platform or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of our Platform. You cannot modify, distribute or re-post anything on the Platform for any purpose.

You should assume that everything you see or read on the Platform is copyrighted unless otherwise noted by means of references, and may not be copied, reproduced, distributed, modified, published, downloaded, posted, or transmitted in any way, without the prior written consent of our Platform or other copyright owner. You may, however, print copies of online course resources for your personal, non-commercial use only, provided that you do not delete or change any copyright, trademark, or other proprietary notices, or pass on the said material to third parties who are not Customers of the Company.

You acknowledge that the Company and the Platform reserves the right to initiate formal legal actions against the user who violates our Intellectual Property Rights associated with the Platform and infringes or uses them without prior written consent of the Company or the Platform.

 

  1. International Customers

The services of our Platform are available only in Malta and in EU/ EEA countries and the UK where telehealth services are accepted and practiced. The Company’s services are limited to English-speaking Customers and any exceptions to this will be clearly indicated on the Platform.

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