Terms & Condition

The mobile application MediPhonica (hereinafter also the “App”) is managed by AVANGUARDIA MEDICA S.r.l. (tax code/VAT number: 04446750236), with legal address at Via Leone Pancaldo 68, 37138 Verona. The services offered through the App are governed by the following general terms of service (hereinafter also “Terms & Conditions” or “General Terms”).

Article 1 – Definitions and Subject of the Service

1.1 For the purposes of applying and interpreting these General Terms, the following terms shall have, whether used in singular or plural, the meanings given below:

1. “Contract”: these General Terms, together with the “Order Confirmation”, considered jointly and inseparably;
2. “MEDIPHONICA Online Sales Contract”: the distance contract for medical services entered into between AVANGUARDIA MEDICA S.r.l. and a final Customer within a distance selling system organized by AVANGUARDIA MEDICA S.r.l.;
3. “Provider”: AVANGUARDIA MEDICA S.r.l. (tax code/VAT 04446750236), with legal seat at Via Leone Pancaldo 68, 37138 Verona;
4. “Customer” or “User” or “Beneficiary”: any natural person who purchases services or is granted the availability of services offered by AVANGUARDIA MEDICA S.r.l. (including in cases where the contract is entered in the interest of a minor);
5. “Services”: the services provided by the Provider as described in these terms;
6. “Parties”: the Provider and the User/Customer/Beneficiary jointly.

1.2 The General Terms of Service – available to the Customer for reproduction and storage pursuant to article 12, Legislative Decree no. 70/2003 – concern the provision of telemedicine services directed at individuals and communities, via an online platform or a mobile app using technology to provide telemedicine services to users.

1.3 AVANGUARDIA MEDICA S.r.l. is a healthcare provider, authorized by the Veneto region to provide general medicine services in the private regime at MEDICA LINE S.r.l., via Regno Unito 8, Castelfranco Veneto (TV). The Company has set up and organized a network of medical and healthcare professionals (“Healthcare Professionals” or “Professionals”) employed or contracted in order to efficiently deliver certain telemedicine services to patients. All the Healthcare Professionals engaged by AVANGUARDIA MEDICA S.r.l. are registered with their relevant professional bodies.
The remote encounter between Users and Professionals takes place via telephone or video.

1.4 AVANGUARDIA MEDICA offers the following telemedicine services to Beneficiaries:

1. 1. Virtual and immediate access to general practitioners; 
2. Tele/video consultations in general medicine, via video or phone;
3. Remote pharmaceutical prescription;
4. Remote reporting.

Article 2 – Conclusion of the Contract – Acceptance of the Sales Conditions

2.1 All contracts shall be concluded directly by the Customer accessing and registering on the mobile App, following carefully the guided instructions and procedures shown on various screens, and as provided in these General Terms.

2.2 After registration in the App, the User will receive an e-mail confirmation containing the details of the order (“Order Confirmation”).

2.3 The Provider’s provision of the Services is subject to the User’s acceptance of these General Terms.

2.4 These General Terms of sale must be carefully examined by the User before creating their account. Submission of the Order Confirmation implies full knowledge of them and their integral acceptance.
By sending the Order Confirmation electronically, the Customer unconditionally accepts and undertakes to abide by, in its dealings with the Provider, the General Terms and payment conditions contained herein, declaring to have read and accepted all information provided under the laws mentioned above, also acknowledging that AVANGUARDIA MEDICA S.r.l. is not bound by different terms unless previously agreed in writing.

2.5 These General Terms are valid as of 01/11/2024 and may be updated, supplemented or modified in the future by the Provider, who will notify such changes via the website and the mobile App.

2.6 The sales operations are governed, for the Customer, by the provisions of Legislative Decree no. 206/2005 (Consumer Code), while the protection of privacy is subject to Legislative Decree 30/06/2003, no. 196, EU Regulation 679/2016 (GDPR) and subsequent amendments and additions, for which reference is made to the specific privacy notice.

Article 3 – Sale Prices – Purchase Methods – Duration

3.1 The services and sales conditions published on the website (https://www.avanguardiamedica.it/) and on the MediPhonica App constitute, for the Customer, a public offer and therefore require that, to conclude the contract, the Customer accept them, along with the “Privacy Policy”, by correctly completing all sections and the online adherence which is perfected following on-screen instructions.

3.2 Individual customers may pay for a yearly or monthly subscription using payment by credit card, Apple Pay, Google Pay or PayPal. The price of each service is always summarized before purchase.

3.3 Termination of the service is always possible; deactivation will take effect from the end of the currently paid period, with the consequence that any sums due for that period cannot be refunded.

3.4 Upon expiration of the subscription, the Service will be tacitly and automatically renewed, unless the User unsubscribes following the methods prescribed in these terms.

Article 4 – Method of Service Provision

4.1 How the service works and registration of the User:

1. During registration, the User is asked to select the type of subscription, between “annual subscription” and “monthly subscription”.
2. Once registered, the User may immediately make use of the offered services.
3. The medical consultation service takes place following the Customer’s request, who is immediately directed to a virtual waiting room, from which they may access a teleconsultation or video consultation with the first available doctor, within a maximum of 60 minutes.
4. During the Consultation, the User may upload clinical documents requested by the doctor or which they believe useful for the proper conduct of the Consultation.
5. Consultations for minors must always be carried out in the presence of a parent or guardian, who assumes all related responsibilities.
6. The User acknowledges that the services do not constitute, nor may they be considered as alternatives to (or equivalent to) medical emergency services. In case of emergency, the patient is advised to immediately call the emergency number 118 or go to an emergency department.

4.2 Who may access the service:

Allowed Beneficiaries are:

• The individual User/Beneficiary who purchases the service and enters into a full agreement with Avanguardia Medica S.r.l., including all contractual and service conditions. The contract details the services, conditions of use, duration, fees, and other essential conditions.
• The minor child of the individual User/Beneficiary, in which case a parent (or legal guardian) with parental responsibility may enter into an agreement with Avanguardia Medica S.r.l. covering all terms of contract and service conditions.

Services must not be used by Users who:

• Require hospital treatment;
• Exhibit serious symptoms that may pose an imminent danger to life or health (for example: unconsciousness, severe allergic reactions, uncontrolled bleeding);
• Suffer from one or more of the following symptoms or require medical assistance for issues such as sudden severe chest pain; arrhythmias; sudden shortness of breath; sudden severe abdominal pain; persistent vomiting; poisoning by drugs, chemicals or gas; severe burns; sunstroke; cold body; falls from a height; road accidents; electric shocks; drowning; and other serious confirmed pathologies.

The User acknowledges that a remote consultation is not a proper tool to manage emergencies and does not substitute for an in-person medical examination; in an emergency, the User must immediately call 118 or go to an Emergency Room. Any delay in providing the Consultation or inability to access the service for technical reasons shall not hold Avanguardia Medica S.r.l. or the Medical Professional liable for consequences arising to the User due to that delay.

4.3 Service levels:

AVANGUARDIA MEDICA S.r.l. undertakes to deliver the Services with the following timelines:

1. Services are active 24 hours a day, 7 days a week.
2. Request for immediate teleconsultation or video consultation with the first available doctor: within 15 minutes.
3. Reporting of the medical visit by the doctor: within 24 hours from performance.
4. Pharmaceutical or specialist prescriptions, subject to doctor’s evaluation: within 3 working hours.

Article 5 – Warranties and Liability

5.1 AVANGUARDIA MEDICA S.r.l. assumes no responsibility for service disruptions due to force majeure events such as accidents, explosions, fires, strikes or lockouts, earthquakes, floods or other similar events that partially or wholly prevent fulfillment of the contract within agreed times.

5.2 They shall not be liable to any party or third parties for damages, losses or costs resulting from failure to execute the contract for the aforementioned causes; the Customer shall only be entitled to a refund of the amount paid for services not utilized.

5.3 AVANGUARDIA MEDICA S.r.l. is not responsible for fraudulent or unlawful use by third parties of credit cards, checks or other payment methods during the payment process. At no time in the purchase procedure is the Provider privy to the purchaser’s credit card number, which is transmitted directly over a protected connection to the banking service provider.

5.4 AVANGUARDIA MEDICA s.r.l. takes care to carefully select Professionals via one or more selection interviews and verifying the correctness of the information provided (for example via checks of registration with the Medical Board).
Professionals are uniquely responsible for the services they provide and for protection of personal data, including health data, of Users. The Customer is aware and accepts that AVANGUARDIA MEDICA s.r.l. is exempt from any liability not included among those specified in these General Terms of Sale and those described in the Privacy Policy of AVANGUARDIA MEDICA s.r.l.

5.5 AVANGUARDIA MEDICA s.r.l. is responsible for the proper functioning of the platform that enables the supply and demand of medical assistance. However, it is not liable for dysfunctions or interruptions of the service due to third parties (for example but not limited to, hosting failures, internet network failures, email provider, etc.).

5.6 In the event that AVANGUARDIA MEDICA s.r.l. is held responsible for platform malfunctions, the parties agree that compensation shall be limited solely to refunding amounts already paid for services not used, without possibility of additional compensation for any further damage, direct or indirect.

Article 6 – Obligations of the Customer

6.1 After completing the “online” purchase procedure, the Customer agrees and undertakes to print and keep these General Terms, which they have already viewed and accepted as this was a mandatory step of purchase, as well as the specifics of the service being purchased, to satisfy the conditions required under Legislative Decree no. 206/2005 (Consumer Code).

6.2 These general terms may be updated or modified by AVANGUARDIA MEDICA s.r.l. at any time, who will notify via its website. The Customer hereby undertakes, whenever modifications occur, to print and preserve the updated general terms.

6.3 The Customer uses the services and the platform owned by AVANGUARDIA MEDICA s.r.l. solely for the purpose of receiving the Services described by these Terms. Any other use is strictly prohibited.

The User also declares, for the purposes of service provision, to be able to use the digital communication tools needed to use the services offered, to be autonomous in using such tools, or if assistance is needed, to have a family member or caregiver capable of using them.

6.4 The User has the obligation to act in good faith and correctness in the use and enjoyment of the Services.

6.5 The User further undertakes:

1. Not to interfere with or interrupt, for the benefit of other Users, the integrity of the Service, the servers or networks connected with the Service; not to act contrary to any requirement, procedure or rule of the Service; nor to use or launch automated systems (including, but not limited to, robots, spiders, trojans or offline readers) that access the App or any means, process or device to retrieve, scrape or index any portion of the web app or its contents;
2. Not to use the Service for illegal purposes or those contrary to public order, decency or morality;
3. Not to transmit or disseminate unlawful, violent, vulgar, obscene and/or indecent material, dangerous for minors, offensive, racist, infringing privacy;
4. Not to transmit content/messages encouraging others to commit unlawful or criminal conduct;
5. Not to use or propagate content that violates patents, trademarks, trade secrets, copyrights or other industrial or intellectual property rights of the Provider or third parties;
6. Not to enter false, fabricated or fictitious data during registration necessary to activate the contract and related communication; personal details and email must be the User’s real data and not of third parties or fictitious;
7. Not to reverse engineer, decompile, disassemble, modify or create derivative software based on the software owned by AVANGUARDIA MEDICA s.r.l.;
8. Not to bypass IT systems to access unauthorised sections of the site;
9. Not to copy, store, modify, alter in any way any content belonging or referable to AVANGUARDIA MEDICA s.r.l.;
10. Not to use the know-how, materials, ideas, images, texts, formats, scripts of AVANGUARDIA MEDICA s.r.l. to create similar or derivative services;
11. Not to disclose or share content of the reserved area with third parties not party to this contract;
12. Not to perform duplicate registrations corresponding to one person or enter data of third persons.

6.6 The Customer indemnifies AVANGUARDIA MEDICA s.r.l. from any liability arising from issuance of incorrect tax documents due to errors in data provided by the Customer, as the Customer is solely responsible for correct data input.

6.7 AVANGUARDIA MEDICA s.r.l. reserves the right to legally pursue any violation or abuse, in its own interest and in the interest of all consumers.

6.8 In case of failure to comply with obligations under the preceding paragraphs — in addition to possible suspension of the Service and termination of the Contract — the User shall be exclusively responsible for any violations, expressly excluding liability for the Provider.

Article 7 – Contract Termination & Express Termination Clause – Interruption and Suspension of Service

7.1 The Provider reserves the right to interrupt the use of the Service and to terminate the contract – without any compensation or indemnity – if it becomes aware that the User has violated the obligations of Article 6 (Obligations of the Customer), or current legislation (including EU Reg. 2016/679 – GDPR), notifying the User by e-mail.
In that case, the Customer will be entitled only to the return of the amount already paid for service not used.

7.2 The Provider also reserves the right to suspend the Service and/or terminate the contract in case of non-payment.

7.3 The obligations assumed by the User under Article 6, as well as the guarantee of proper payment, are of essential nature, so that the failure of the Customer to fulfill even one of such obligations shall result in automatic termination of the contract pursuant to Article 1456 of the Italian Civil Code, without needing judicial decision, without prejudice to the right of AVANGUARDIA MEDICA s.r.l. to claim further damages.
Such termination shall take effect when the Provider declares that it elects to apply the aforementioned express termination clause, by written communication sent via email to the User.

7.4 The Provider also reserves the right to suspend, interrupt or block access to the Service if it becomes aware, or in its sole undisputable judgement considers, that any of the following circumstances has occurred or is occurring:

1. Violation by the User of the Terms & Conditions;
2. Use of the Service in a manner that causes danger or instability to the server or damage to the Provider or other Users;
3. If a public authority or other third parties notify the Provider of unlawful or improper use of the Service by the User. In such cases, the Provider will assess the emerging circumstances at its sole discretion and, after email communication to the User for clarification, decide on suspension and/or interruption of the service.
   In any case, the Provider reserves all rights of recission or compensation or as provided by law against the user responsible for such violations.

7.5 The User acknowledges that the Provider may suspend the Service in order to maintain, update or modify the Service or enable new services, giving notice to the User via the Portal and/or via prior email communication.

Article 8 – Right of Withdrawal and Non-renewal

8.1 The Consumer-User who, for any reason, is not satisfied with the purchase of the Service has the right to withdraw from the signed contract free of charge, pursuant to Article 52 of Legislative Decree no. 206/2005, within 14 days from the date of receipt of the Order Confirmation, without any penalty. This right of withdrawal may be exercised only by consumer Users.

8.2 To exercise the right of withdrawal as above, the Consumer User must, within the time limit indicated in Article 8.1, inform the Provider of their decision via email/PEC to avanguardiamedicasrl@pec.it. After checking the legitimacy of such withdrawal, the Provider will reimburse the price.

8.3 Apart from withdrawal for consumer Users under Article 8.1, any User may choose not to renew the subscription by sending a cancellation request to avanguardiamedicasrl@pec.it. In that case, no refund will be made of amounts already paid for the ongoing subscription period.

Article 9 – Authorizations

9.1 By completing the payment method section for services, the Customer expressly authorizes AVANGUARDIA MEDICA s.r.l. to use their credit card, or a replacement card, and to charge their bank account the full amount stated as the cost of the “online” purchase.
The entire procedure is carried out via a protected connection directly linked to the banking institution or payment service provider, to which AVANGUARDIA MEDICA s.r.l. has no access. Currently, transactions and card data storage are handled through the banking service.

9.2 The Customer authorizes AVANGUARDIA MEDICA s.r.l. to transmit the invoices necessary for health deduction to the National Health Card System (“Sistema Tessera Sanitaria”, STS), as introduced by Article 3, paragraph 3 of Legislative Decree no. 175/14. The Customer who wishes to oppose this transmission, as per Article 3 of the Ministerial Decree of 31/07/2025, may do so by written communication to avanguardiamedicasrl@pec.it.

Article 10 – Uniqueness and Applicability of the Conditions – Declaration of Partial Nullity

10.1 In case of discrepancy, these General Terms prevail over any general purchase conditions of the User.

10.2 If any provision in the General Terms is found invalid, unlawful, ineffective, or otherwise unenforceable, the remaining provisions of the General Terms shall remain fully in force and effective without modification.

10.3 A hypothetical declaration of partial nullity of some clauses of the Terms & Conditions, the Privacy Policy or the Cookie Policy of Avanguardia Medica s.r.l. by judicial authority does not lead to the complete nullity of the contract; the contract remains valid for the clauses not declared null, which will continue to be fully effective.

Article 11 – Privacy

11.1 The User’s data are processed by the Provider in accordance with data protection legislation, as specified in the relevant section containing the information pursuant to Article 13 of Legislative Decree 30 June 2003, as amended by Legislative Decree 101/18 and Article 13 of EU Regulation 2016/679 (Privacy Policy). Despite the services offered being protected against possible hacker or virus attacks and all precautions adopted according to current regulations, by enrolling the User accepts these Terms of Service and is aware of risks connected with storage and transmission of any type of information through a public telecommunications network, such as data theft, cloning, loss, malware, phishing, etc.
It is specified that personal data are stored on the AWS (Amazon Web Services) cloud platform, within the European Economic Area (EEA) under its service terms.

11.2 The User may access more information on personal data protection in the Privacy Policy via link http://www.avanguardiamedica.com/privacy-policy/ In any case, it is noted that to register the User is required to select the checkbox labeled “PRIVACY POLICY” as acknowledgment.

11.3 To this end, AVANGUARDIA MEDICA s.r.l. declares and acknowledges to have duly complied with all formalities and obligations prescribed by the GDPR and by the Privacy Code, and with specific orders of the Italian Data Protection Authority concerning the matter, observing every security measure suitable to guarantee confidentiality and privacy of the data itself.

Article 12 – Informed Consent

By entering into the contract and accepting these Terms of Service the User is aware of and understands all the information provided by this notice about the diagnostic telemedicine service and the methods of data processing and retention. The User thus consents to the execution of the examination in telemedicine mode and with the guarantees expressed in this notice.
The User also consents to the recording of any clinical, biological, audio or video data necessary for the purpose to be achieved in the doctor’s material and/or documentation. In case of necessity or doubt requiring a second opinion, this consent is extended to subjects who will be identified by the referring physician.
The User is expressly made aware of and accepts the risks that may occur when requesting telemedicine services: namely risks connected to absence of physical contact and the clinical gaze of the physician, impossibility of a full examination, administration of therapy and immediate intervention in case of emergency.
The User accepts in particular being visited by telemedicine methods even if they have not been previously seen in person by the same doctor, and accepts the related risks.
By accepting these terms, the User also authorizes AVANGUARDIA MEDICA s.r.l. to use their health data in anonymous aggregate or disaggregate form, for scientific study, economic oversight of services, epidemiological data processing and for scientific or congress publications, always in compliance with applicable laws.
If the User does not wish to consent to the use of data in anonymous form for scientific and/or epidemiological processing, they must send a PEC (certified email) to avanguardiamedicasrl@pec.it or a registered letter to AVANGUARDIA MEDICA s.r.l., legal seat Via Leone Pancaldo 68, 37138 Verona.

Article 13 – Applicable Law and Jurisdiction

13.1 These General Terms and the Contract are governed by Italian law and, in particular, by the Civil Code, the Consumer Code, especially with respect to rules on distance contracts, and by Legislative Decree 9 April 2003, no. 70.

13.2 For any dispute relating to the application, execution, interpretation or breach of the General Terms and contracts concluded “online” through the website or the mobile app of Avanguardia Medica s.r.l., if the User is a consumer, the competent court is that of the place of residence or the elected domicile of the consumer, non-waivable as per Articles 33, paragraph 2, letter u) and 66-bis of the Consumer Code.
In any case, the establishment of the EU online dispute resolution platform (ODR) grants the consumer the possibility to initiate an online dispute resolution procedure.
Pursuant to Article 1341 of the Italian Civil Code, the User declares that they have read, understood and expressly approved the following clauses of the General Terms:

2. Conclusion of Contract – Acceptance of the Terms of Sale

3. Sale Prices – Purchase Methods – Duration

4. Method of Provision of the Service

5. Warranties and Liability

6. Obligations of the Customer

7. Contract Resolution and Express Termination Clause – Interruption and Suspension of the Service

8. Right of Withdrawal and Non-renewal

9. Authorizations

10. Uniqueness and Applicability of the Conditions – Partial Nullity Declaration

11. Privacy

12. Informed Consent

13. Applicable Law and Competent Court

Avanguardia Medica SRL

Via Leone Pancaldo, 68 | 37138 Verona

marketing@avanguardiamedica.it | www.avanguardiamedica.it

P.IVA 04446750236 | PEC: avanguardiamedicasrl@pec.it