HSP service provision general conditions

Terminology

The capitalised terms used in these general conditions have the following definitions, unless expressly otherwise stated or evident in the context.

“Data protection laws”

Includes the following legal acts:

EU Data Protection Directive 95/46/EC;
EU e-Privacy Directive 2002/58/EC;
any transposed, successive or replacement acts of these legal acts, including as it enters into force, the General Data Protection Regulation (regulation (EU) 2016/679) and the subsequent document to the e-Privacy Directive, as well as all applicable laws, regulations and codes of conduct pertaining to the processing of personal data (including the periodically issued amendments to these acts).

“Client”

Any person who has created a user account on the Minudoc platform, who wishes to receive a Service through the Minudoc platform.

“Medical worker”

An HSP worker, who provides services on behalf of HSP, while being in an employment or other contractual relation with HSP.

“Minudoc”

Is a platform through which Minudoc mediates Services provided by HSP to the Client and Clients to the HSP.

“Personnel”

Employees and/or subcontractors who work for or on behalf of the HSP, including Medical workers.

“Privacy notice”

A privacy notice compiled by the HSP and meant for the Client, which explains to the Client which of the Client’s data and for which objectives are processed by HSP. The Privacy notice is available at privacy policy.

“Minudoc”

Minudoc OÜ, registry code 14630213, address Vana-Lõuna 39/1, Tallinn 10134, Estonia.

“Service”

The provision of Health and/or Healthcare services by HSP.

“Health service”

The provision of remote consultation by a Medical worker to the Client via audiovisual contact, with the objective of maintaining the Client’s good health and raising their quality of life, however, it is not considered provision of healthcare services according to the HSOA and other legal acts.

“Healthcare service”

Any HSP activity related to preventing, diagnosing and/or recommending treatment methods for a Client’s illness, injury or poisoning, with the objective of mitigating the person’s suffering, avoiding a worsening of their health status or an aggravation of their illness, and restoring health by providing remote consultation via audiovisual contact to the Client.

“HSOA”

Health Services Organisation Act (RTRT I, 28.12.2017,54).

“HSP”

Here the chosen healthcare service provider, whose consent is asked to use the services of their Medical worker.

“Intermediation service”

The mediation of HSP provided services by Minudoc to the Client through the Minudoc platform.

Object of contract

The standard terms of HSP Services regulate the mutual rights and obligations of HSP and the Client in provision of Service.

Entering into a contract

A contract for the provision of services between the Client and HSP is considered to be concluded as of the moment, when a Client books an appointment on Minudoc platform with a Medical worker and accepts the HSP general conditions and the Privacy notice. The general conditions apply to the Client with the registration for a service and the acceptance of the HSP general conditions and Privacy notice.
By booking an appointment with a Medical worker on the Minudoc platform, the Client expresses that they aware of providing consent to receiving a Service.

Payment for the service, the entry into effect of a booking, cancelling a booking

The Client will pay for their selected Service according to the price list presented on Minudoc platform.
The Client will not pay the HSP for the Service. Fees related to the Service will be paid by the Client according to the contract entered into between the Client and Minudoc, and according to Minudoc platform conditions of use.
After booking an appointment for a Service, the Client has the right to change or cancel their agreed time through their Minudoc client account, however, not less than 24 hours before the booked appointment.
Cancellations made less than 24 hours before the booked time will be considered as Services rendered to the Client by HSP.

HSP rights and obligations

The HSP has the right to:
1. demand the Client for truthful and complete information about the Client’s health;
2. refuse to provide the Service if according to the Medical worker’s assessment, there is no clear opportunity to successfully render the Service or if the Client is requesting Service on conditions that are in conflict with these general conditions;
3. change the Medical worker initially indicated at the time of booking the Service. The Client will be notified of a change in the Medical worker providing the Service as soon as possible;
4. postpone the booked appointment for providing the Service if for reasons related to HSP work organisation (for example, if the Medical worker is away due to exceptional circumstances) it is impossible to provide the Service to the Client. In such case, the sum paid by the Client for the Service will be repaid to the Client;
5. not provide the Service to the Client if the Client cancels the booking less than 24 hours before the booked time.
The HSP is obligated to:
1. ensure the provision of Healthcare services to the Client in compliance with the HSOA, the Law of Obligations Act and with all other requirements set out in legal acts that regulate the provision of healthcare services;
2. ensure that the Healthcare services and/or Health services provided to the Clients are at least of equal quality to the services provided by qualified medical workers who provide healthcare services on a professional basis, possess the required professional skills and knowledge and act in accordance with legal requirements;
3. ensure that all Medical workers keep records of the provision of the Healthcare service and organise the documentation according to the provisions of the HSOA;
4. ensure that all Medical workers keep records of the provision of the Health service and organise the documentation in a manner and to the extent that would later provide a relevant overview of Client`s health if necessary;
5. ensure that the HSP, who does not have a confidentiality obligation set out in law or if the HSP provides a Health service to which the HSOA regulation does not apply, will process the special categories of data (in this case, first and foremost information on health) only with the Client’s expressed consent. In such case, the HSP takes on the obligation of ensuring that all Medical workers in their subordination do not process special categories of data without the Client’s expressed consent;
6. ensure that the Medical worker respects the Client and communicates with the Client in polite manner;
7. notify the Client about the circumstances of their health, the process and the results of the Service;
8. keep the data about the Client’s identity, health status and other private life details which have been disclosed to the HSP in the course of Service provision in secret;
9. keep the required records of Service provision (incl record the Service provision) and store the documents;
10. process the Client’s personal data (incl information on health) in compliance with the applicable Data protection acts;
11. process the Client’s personal data only to the extent that is necessary to achieve the is necessary to fulfil the specific purpose of the collection of the data;
12. apply the suitable technical and organisational measures to protect the Client’s personal data against unpermitted or illegal processing and accidental or illegal loss, destruction, damage, change or publication of these data;
13. verify that the Personnel related to providing the Service to the Client (except those to whom the legal obligation of professional secrecy applies) have entered into confidentiality agreements, and additionally ensure that the Personnel would know and follow obligations related to the protection of personal data set out in the general conditions and in Data protection acts;
14. if needed, refer the Client to another Medical worker’s appointment or include other Medical workers in the provision of the Service or oblige the Client to come to a physical appointment with the Medical worker if according to the Medical worker’s assessment, it would not be possible to provide the Service through Minudoc platform.

The client's rights and obligations

The Client has the right to:
1. receive the needed Service;
2. receive information about their health status, illness, treatment and projected results in the language that has been indicated in the provider’s profile;
3. actively participate in the decisions made in the process of Service provision;
4. demand that the HSP keeps information about the Client’s health status, treatment and private life confidential (except in cases, where the HSP has a legal obligation to data disclosure);
5. decide to whom the HSP can disclose information about the Client’s health status and to whom they cannot disclose that information;
6. have access to the documents recorded by the Medical worker in the course of providing the Service and to make copies of these documents;
7. cancel or change the booking made on the Minudoc platform at least 24 hours before the booked time.
The Client has the obligation to:
1. communicate with the Medical worker in a respectful and polite manner;
2. the best of Client`s understanding to disclose all the facts necessary for the Medical worker in order for the Client to receive the best quality Service;
3. assist in any way possible in the provision of the Service;
4. provide truthful and complete information to the Medical worker about their health status, including all information pertaining to earlier medical treatment and medications used;
5. accurately follow instructions given during the provision of the Service;
6. participate in a timely manner in the provision of the Service;
7. ensure that the Client has all the technical solutions for the Medical worker to be able to provide the Service through the Minudoc platform.

Client consent for processing personal data

When accepting these general terms, the Client also accepts the HSP Privacy notice, which is available for the client at privacy policy.
To manage the Client’s consent forms, My consents subsection has been created on the Minudoc platform, where the Client has the possibility of giving consent for the processing of their special categories of data (first and foremost information on health), both to the HSP that is providing the Service based on this Contract, as well as the Minudoc website administrator and Intermediation service provider Minudoc.
The Client has the right at any time to withdraw any given consents on Minudoc platform. Notice about the withdrawal of consent is sent automatically by the system to the HSP and Minudoc.
When withdrawing consent, the Client should consider that it will no longer be possible to continue providing the Service, since the Service provider and/or mediator will no longer have a legal basis for processing the Client’s data, including for the purposes of entering them into Minudoc platform.

Complaints

The Client has the possibility to submit any feedback, complaints or any other suggestions about the Service in Minudoc platform by using a form designated for that purpose.
If the differences between the Client and the Medical worker cannot be resolved through negotiations, the dispute will be settled in the Harju County Court. If the Client is a natural person, the dispute will be resolved in a court designated to the Client’s place of residence.
The Client has the right to turn to the appropriate supervisory agency for an assessment of the activities related to the Service that was provided to them.

Liability

The HSP and the Medical worker directly providing the Service are liable for the wrongful violation of their obligations. The HSP is not liable for the negative consequences resulting from Service provision if the Medical worker has informed the Client of any possible risks and consequences, and if the Client has given their consent to receive the Service.
The liability of the HSP is limited to three times the sum that was paid for the Service.
The HSP is not liable for indirect material damage or non-material damage.
The HSP is not liable for damages if the Client did not comply with the guidelines received from the HSP or the Medical worker that impact the success of the Service, including restrictions to the Client’s life organisation during the period preceding, during and after the Service provision.
If the Client does not participate in the Service provision at the booked time, it is assumed that the Client is in serious breach of the mandatory guidelines for conduct provided by the HSP.
The burden of proof for the liability of HSP and the Medical worker lies with the Client, except in cases, where the provision of the Service to the Client has been left undocumented, contrary to the stipulations of these general conditions.
Limited liability does not apply to intentional violations.
The statute of limitations for a claim for the compensation of damages to the Client is five years, starting from the time that they became aware of a breach of obligation and damage caused by the HSP or the Medical worker.

Contract expiry and termination

The contract for the Service provision ends when the Service provision ends.
The Service provision contract ends if one of the parties dies, if another healthcare service provider takes over the Service or if one of the parties to the service provision contract cancels the contract.
The Client can cancel the contract at any time during the provision of the Service, except if the cancellation occurs less than 24 hours before the booked Service provision. In such case, the booking will stand, the Service is considered as provided, and the Service provision contract ends after the booked time ends.
The HSP can cancel the contract with good reason, if all facts considered the HSP cannot continue to provide the Service, first and foremost, in cases where:
1. the Client is in breach of the Service provision contract or violates other important guidelines provided by the HSP;
2. the Client violates the obligation to provide information or the HSP has reasonable cause to assume that the Client has provided false information;
3. the Client is in violation of their obligation to assist in the provision of the Service otherwise than stated in clause 9.4;
4. the Medical worker determines that the Client is participating in the Service in an inadequate state, which does not allow for the provision of the Service to the Client.