Effective Date: September 1, 2024

This Insurance Policy governs the use of the Airpal.ie telemedicine platform ("Airpal", "Platform", "Website") and outlines the insurance responsibilities for all users, including healthcare professionals ("Doctors") and patients ("Patients"). By accessing or using the Platform, you acknowledge that you have read, understood, and agree to be bound by this Insurance Policy. Airpal is committed to transparency and ensuring all parties understand their respective responsibilities.

1. Healthcare Professionals' Insurance Responsibility

1.1 Independent Medical Practice: Doctors using Airpal are independent professionals, and Airpal provides a platform for verifying doctors and facilitating communication and telemedicine services between healthcare providers and patients. Airpal does not employ or provide medical services directly.

1.2 Insurance Coverage:

It is the sole responsibility of each Doctor to maintain adequate professional indemnity insurance or medical malpractice insurance that covers all services rendered through Airpal, including telemedicine consultations. Doctors are required to ensure that their insurance policies are current and cover any claims or liabilities arising from their medical services.

1.3 Legal Liability:

Airpal accepts no liability for any medical advice, diagnosis, treatment, or services provided by Doctors on the platform. Doctors acknowledge that they are fully responsible for the medical care they provide, and any claims arising from malpractice, negligence, or failure to meet professional standards are the responsibility of the Doctor.

2. Patients' Insurance Responsibility

2.1 Direct Payment for Services:

Patients using Airpal to receive medical care from Doctors are responsible for covering the costs of those services. In cases where a patient’s private health insurance policy covers telemedicine consultations, it is the patient's responsibility to seek reimbursement or direct payment from their insurance provider. Airpal does not process insurance claims on behalf of Patients or handle direct insurance billing.

2.2 Insurance Coverage for Payments:

Patients should confirm with their insurer whether telemedicine services are covered under their policy before engaging with Doctors on Airpal. Any failure by a patient’s insurance provider to cover services rendered is the sole responsibility of the patient.

3. Limitation of Liability for Airpal

3.1 No Medical Liability:

Airpal is a technology platform that facilitates communication between Doctors and Patients. Airpal does not provide medical care, advice, diagnosis, or treatment. All medical services provided via Airpal are performed by independent Doctors. Airpal shall not be liable for any harm, injury, loss, or damage arising from medical services provided by Doctors on the Platform.

3.2 Platform Usage:

While Airpal strives to ensure that the Platform is secure and operational, we do not guarantee the availability, performance, or security of the Website or telemedicine services at all times. Airpal is not liable for any technical issues, data breaches, service interruptions, or other events beyond our control that may affect the usage of the Platform.

3.3 Compliance with Law:

Airpal complies with all relevant regulations and laws concerning data privacy (e.g., GDPR) and telemedicine. However, Airpal is not responsible for any failure by Doctors to comply with local, national, or international healthcare laws or regulations in relation to telemedicine or medical services provided through the Platform.

4. Dispute Resolution and Governing Law

4.1 Dispute Resolution:

In the event of a dispute between any users of Airpal (Doctors, Patients, or third parties) concerning medical services or other aspects of the Platform, Airpal is not liable or responsible for resolving such disputes. Doctors and Patients are encouraged to resolve any issues through direct communication or other applicable legal channels.

4.2 Governing Law:

This Insurance Policy is governed by the laws of Ireland. Any disputes arising from the use of the Platform, the services provided by Doctors, or any insurance-related matters shall be subject to the exclusive jurisdiction of the courts of Ireland.

5. Indemnification

5.1 User Indemnity:

All users of the Platform (Doctors and Patients) agree to indemnify, defend, and hold harmless Airpal, its affiliates, officers, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from:

- Any breach by a Doctor or Patient of this Insurance Policy;

- Any medical advice, diagnosis, or treatment provided by Doctors;

- Any failure by a Doctor to maintain appropriate insurance coverage;

- Any disputes regarding payments between Patients and Doctors.

6. Termination and Updates to the Insurance Policy

6.1 Termination of Use:

Airpal reserves the right to terminate any user's access to the Platform if they are found to be in breach of this Insurance Policy, including failure by Doctors to maintain appropriate insurance coverage or engage in unlawful practices.

6.2 Updates to Policy:

Airpal reserves the right to update this Insurance Policy at any time. Any changes will be posted on the Platform, and continued use of the Platform after such updates shall constitute acceptance of the updated terms.

7. Notices and Communication

7.1 Communication:

All communications regarding insurance coverage or legal matters must be directed to Airpal's legal team at team@airpal.ie.

We will not provide advice on professional indemnity insurance but may verify compliance for continued platform use.

8. Acknowledgment of Policy

By using Airpal, Doctors and Patients acknowledge that they have read and understood this Insurance Policy and agree to its terms. They further acknowledge that:

- Doctors are independently responsible for maintaining their own medical malpractice insurance;

- Patients are responsible for confirming their insurance coverage for services;

- Airpal is not liable for medical services rendered or any insurance-related issues between Doctors, Patients, and insurance providers.

This Insurance Policy ensures that Airpal operates as a secure and compliant platform while placing the responsibility for medical and insurance-related matters with the respective parties (Doctors and Patients). It protects Airpal from any legal risks associated with the provision of healthcare services through its platform.