Terms and Conditions for the technical intermediation of online consulting

The following terms and conditions govern the online consultancy technical intermediation services (the “Services”) that healthcare professionals, clinics and hospitals (the “Professionals”) will provide to the patients and clients (the “Patient”) through the use of the Carecall Platform.

By accepting the following terms, the Patient confirms that (i) he is aware that the online counseling services are carried out through the use of electronic communication tools, and (ii) that he is aware of the differences between online counseling and medical examinations. performed in person, and the risks associated with the lack of face-to-face interaction with Professionals. The Patient is advised to evaluate on a case by case basis, in the light of their specific circumstances, the opportunity to use the Online Consultation, and the opportunity of a presidential medical examination where they deem it appropriate and practicable.

The following terms are made available by Carecall completely free of charge, so that they can be read and downloaded or printed.

The Professional will carry out medical support activities remotely, via telephone, video and / or chat (the “Online Consultancy”).

Carecall will only provide the Patient with the support services necessary to allow the Patient to communicate with the Professional regarding the booking, management and performance of the online Consultation, as part of the services already provided to the Patient by Carecall. The Patient acknowledges that Carecall is only the provider of technical intermediation and support services and is therefore not involved in the medical or health assistance or other professional activities carried out by the Professionals.

Carecall may ask the Patient, on behalf of the Practitioner, to provide additional information about themselves and their state of health prior to the Online Consultation, for the sole purpose of assisting the Professional to properly prepare for the Online Consultation and to allow the Patient to save time. Carecall will use this information only to send it to the Professional.

I. Definitions

1. 1. “Consultant”: the person who provides online Consultancy employed or otherwise affiliated with the Professional.
   2. “Online counseling”: medical guidance or medical surveillance advices or medical travel advices provided by the Professional through the information technologies of “remote” electronic communication (via telephone, chat or video), in full compliance with the ethical rules governing the relationship between the Professional and the Patient. Online Consultancy may be subject to the payment of an Amount, if and as specified by the Professional.
   3. “Amount”: indicates the amount envisaged by the provisions indicated in paragraph III.3) of these terms.
   4. “Carecall”:
      

      Carecall OÜ, Tartu mnt 67/1-13b, 10115 Tallinn, Estonia, Registry number: 16854023 Tallinn, VAT number and tax code: XXXX

   5. “Patient”: is the natural person with full legal capacity who uses the online consultancy services provided by the Professional through the technical intermediation of Carecall.
   6. “Platform”: is the web platform owned by, or licensed to, Carecall and used for booking, managing and / or executing the online Consultancy via video or chat.
   7. “Professionals”: are the professionals or groups of professionals (hospitals, clinics or medical travel agencies) are authorized with International Medical Tourism Authorization Certificate, entitled to exercise the medical, health or professional profession by the State qualification and registration with professional associations in the respective registers, who provide assistance services medical, health or professional through the Platform.
   8. “Individual time unit”: is the default duration of the online Consultancy indicated by the Professional, as required by the provisions III.2) of these terms.

II. General provisions

1. 1. By booking an online Consultation, the Patient establishes a contractual relationship directly with the Professional for carrying out the online Consultation in exchange for the payment of the Amount. Carecall is not part of the agreement between the Patient and the Professional for the conduct of the online consultation.
   2. The availability of online Consulting services depends on the individual availability of Professionals and Consultants, as indicated on the Platform.
   3. If the connection with the Professional or the Consultant is not technically possible, or any type of difficulty arises before or during the online Consultation or if the loading of the Platform for the connection to the Online Consultancy takes too long, the Patient is invited to contact directly to a medical center or other health or professional care services, especially in emergencies.
   4. Online Counseling services MUST NOT BE USED by Patients who:
      1. needing urgent hospital treatment;
      2. suffer from severe symptoms that may be imminently life-threatening or health-related (but are not limited to: Unconscious patients, Patients with severe allergic reactions, Patients with uncontrolled bleeding), or who experience one or more of the following symptoms or who need medical attention in relation to any of the following:
         – Sudden severe chest pain,
         – arrhythmias,
         – sudden shortness of breath,
         – sudden severe stomach pain,
         – persistent vomiting,
         – drug, chemical or gas poisoning,
         – burns intense,
         – sunstroke,
         – cold body,
         – fractures, falls from a height,
         – traffic accidents,
         – electric shocks,
         – drowning,
         – childbirth and puerperium.
      3. The online consultancy services are allowed for both Estonian and Overseas Medical Tourist Patients.

III. Booking and amount of online advice

1. 1. The Patient can book the Consultation online through the Platform. To make a reservation you need to:
      1. provide personal data that will allow the Professional to identify and contact the Patient; And
      2. pay the online Consultation Amount specified on the Platform or otherwise communicated to the Patient by the Practitioner.
   2. Unless the Professional provides different information via their profile on the Platform, the individual Time Unit is 15 minutes. If, in the opinion of the Professional, the online consultation takes longer, the Professional or Consultant may extend the duration of the online consultation for the time necessary, without charging further costs to the Patient.
   3. Online Consultations are carried out by Professionals in exchange for the payment of the relevant Amount. The Amount applicable to each individual Time Unit of the Online Consultation is shown on the Platform before the Patient completes the booking.
   4. The amount will be paid by the Patient directly to the Professional. The Patient will have to pay the Amount in accordance with the Practitioner’s payment instructions. If the Patient does not proceed with the payment as indicated:
      1. if advance payment is required, the reservation will have no effect and the online consultation will not take place; or
      2. if subsequent payment is envisaged, the Professional reserves the right to collect and recover the Amount owed by the Patient, and / or to proceed with offsetting with any amount possibly due by the Professional to the Patient.
   5. The Amounts include all applicable taxes, duties and transaction fee, unless otherwise indicated on the Platform. No commission or additional cost will be due by the Patient other than the payment of the Amount.
   6. Professionals are prohibited from changing the Consultation Amount after booking.
   7. Carecall will not be responsible for the payment of the amounts, which will be paid directly by the Patient to the Professional. Carecall also will not possess any of the Amounts paid. Carecall will only provide global payment gateways such as PayPal, Stripe and will not control all of the Amounts paid. In the event of problems related to the payment of the Amounts (including, but not limited to, fraudulent transactions, cancellations, chargebacks, refunds or refunds), Patients will have to go directly to the reference Professional, and Carecall will remain exempt from any claim, request o liability related to the payment of the amounts.

IV. Delays, cancellations, no-shows and refunds

1. 1. Delay of the Professional: the exact start time of the online Consultancy service may be postponed by the Professional or Consultant, in particular if the previous Consultation is not completed on time. The maximum wait for the Online Consultation is 60 minutes. In the event that the wait is longer or in which there are no Consultants available, the Professional will inform the Patient and may postpone the online Consultation to a later time and / or date, without additional costs for the Patient, or (at the discretion of the Professional ) cancel the online consultation and refund the amount to the patient (if already paid).
   2. Cancellation or non-presentation of the Professional: the Professional reserves the right to cancel the online consultation by informing the Patient in advance. In this case, the online consultation will be postponed to a different date to be agreed with the patient. If it is not possible to agree on a different date, the online consultation will be canceled and the Patient will be entitled to a refund of the entire amount (if already paid). The Patient will have the right to reimbursement even if the Professional does not go to the online Consultation without giving notice and without offering the Patient an alternative window of time for carrying out the Consultation.
   3. Patient delay: in case of delay on the part of the Patient, he must inform the Professional as soon as possible. The Professional may, at his discretion, postpone the online Consultation to a different date and / or time, and (both in the event of carrying out or postponing or canceling the online Consultation) reserves the right to fully withhold the Amount (if already paid) or to debit and collect it, in which case the Patient will be required to pay the Amount without delay following the Professional’s payment instructions.
   4. Cancellation or no-show of the Patient: unless the Professional has specified otherwise on his profile on the Platform, in the event that the Patient cannot participate in the online Consultation, the Patient is obliged to notify the Professional of the cancellation of the online Consultation, in accordance with the provisions and within the terms provided in the Professional’s cancellation and refund policy (presented to the Patient at the time of booking and payment). The cancellation must take place through the Platform or following the procedure indicated by the Professional. If the cancellation occurs in the manner and within the times established by the cancellation and refund policy, the Patient will be entitled to a refund of the amount (if paid in advance), without prejudice to the Professional’s right to withhold an amount equal to the costs incurred by him to process the payment and / or reimbursement of the Amount (for a maximum of 5% of the amount of the Amount). If the cancellation does not take place in the manner and within the terms established by the cancellation and refund policy of the Professional, the latter reserves the right to withhold the entire amount of the Amount (if paid in advance), or to debit and collect the ‘Amount (which the Patient will be required to pay without delay following the instructions of the Professional), both in the case of postponement of the online consultation to a different date and in the case of definitive cancellation.
   5. The refunds of the amounts are managed exclusively by the Professional, who is solely responsible for them. Carecall declines any responsibility in relation to the execution of the reimbursement by the Professional. The Patient must contact the Professional directly for any question, complaint, request, complaint or action regarding the right to reimbursement of the Amount paid. Carecall recommends that Patients carefully read, before booking, the cancellation and refund policy published or distributed by the relevant Professional.

V. Rights and duties of the Patients

1. 1. The Patient must provide the Professional and / or Consultant with the personal data necessary to create and keep the Patient’s medical records and / or health dossier (where and in accordance with the applicable law), as well as contact details, including address e-mail and telephone.
   2. The provision of some of the online counseling services may depend on the Patient’s request to provide additional data. The Practitioner will inform the Patients about the requested data.
   3. The Patient’s e-mail address and telephone number are used to identify the Patient from the Practitioner and / or Consultants. The e-mail address and telephone number are also used for any communication with the Patient. The Patient is required to inform the Professional in the event of a change in the e-mail address or telephone number, by contacting the Professional or making the change through the relevant form on the Platform.
   4. It is forbidden for the Patient to use the Services for purposes contrary to the law, or to post content that is vulgar, offensive, defamatory, of a racist or xenophobic or discriminatory or hateful nature, or to directly or indirectly violate the rights and interests of third parties ( including, without limitation, copyrights, trademarks or other intellectual property rights).
   5. Online consultations are provided by Professionals and / or Consultants for the exclusive benefit of the Patient. It is forbidden for the Patient to record or reproduce the Consultations online or distribute any material related to them in any way.
   6. The Patient must indemnify and hold Carecall harmless from any loss, damage, cost, injury, claim, claim or request for compensation deriving directly or indirectly from a violation by the Patient of these terms and conditions.
   7. In case of violation of these Terms and Conditions, Carecall reserves the right to close or suspend the Patient’s account and the Patient’s right to access the platform and receive online counseling services at any time, notifying the patient.

VI. Rights and duties of the Professional

1. 1. The Professional must provide the Online Consulting services with due diligence.
   2. The Professional is solely responsible for the secure storage of medical records or health dossiers created or updated as a result of the Online Consultation and all personal data included therein, in accordance with applicable laws and regulations. Carecall will not be held responsible under any circumstances for the creation, maintenance or updating of the patient’s medical record or health dossier.
   3. The Professional and / or Carecall reserve the right to suspend the Patients’ access to the online Consultancy, in particular in order to carry out technical interventions and updates.

VII. Communications

1. 1. By making a reservation, the Patient authorizes Carecall to send:
      1. one or more text messages, prior to the online consultation;
      2. an invitation to fill in a “pre-check-in” which is sent on behalf of the Professional and in which the Patient can provide more details about himself and the reasons for his visit (for the exclusive benefit of the Professional and / or Consultant);
      3. one or more or e-mails, which Carecall can send after the online consultation to invite the patient to leave your review relating to the online consultation carried out, and
      4. any other communications relating to these terms and conditions, the Online Consulting and / or the Services.
   2. Carecall declines any responsibility for the contents of any communication between Patients and Professionals on or through the Platform.

VIII. Responsibility

1. 1. The Professional or Consultant is solely and exclusively responsible for the online Consulting services, for the contents of each Online Consulting and for the diagnosis, information, communications, recommendations, offered health packages and medical travel packages provided directly to Patients, including through the Platform.
   2. Carecall is only responsible for the provision of ancillary technical services to facilitate Online Consultancy and to provide the user with the right to access the Platform. These services include, depending on the specific solution chosen by the Professional, one or more of the following: online consultation search and booking, and / or video communication services, and / or redirection services of the Patient to the payment page relating to the solution chosen by the Professional. Carecall is considered a mere “BROKERAGE SERVICE PROVIDER“ in the context of online Consulting services,
   3. The responsibility of the Professional and Carecall is entirely excluded if the Patient has provided the Consultant with information or data that is incomplete, false, misleading or incorrect.
   4. The Patient acknowledges and accepts that Carecall is only the provider of intermediary technical auxiliary services and is not involved in the provision of health services, and therefore is not responsible for any loss, damage, cost, injury, claim, claim or request for compensation of any nature, arising directly or indirectly from Patients or third parties in relation to (i) diagnoses, indications, information, advice, recommendations, offered health packages or medical travel packages provided by the Professional or Consultants during an Online Consultation, (ii) negligence, recklessness or lack of competence of the Professional or of the Consultant in carrying out the online Consultancy, or incorrect or misleading communications or information transmitted by them, (iii) other acts or omissions of the Professional or Consultant,and / or (iv) any payment related to Online Consultations or collection of Amount owed by Patients.
   5. Carecall will not be responsible for interruptions or suspensions affecting the online Consultancy services or any other malfunction of the Platform that is due to the technological instrumentation or internet connection of the Patient or the Professional or the Consultant.

IX. Technical requirements

1. 1. To receive online counseling services through the Carecall video solution, the Patient must meet the following technical requirements:
      1. the Patient must have a device with Internet access with Microsoft Windows, Mac OS, iOS or Android and a broadband connection speed of at least 1 Mbps;
      2. the current version of Chrome or other similar Internet browser must be installed on the device with all the applications necessary to connect the Patient to the Platform; And
      3. microphone and camera must be installed and enabled on the device; And
      4. the latest version of JavaScript enabled on the device.
   2. The minimum recommended screen resolution when using the services via a web browser is 1024×768 pixels.

X. Complaints

1. 1. In the event of complaints regarding the technical aspects of Online Counseling that fall within the sphere of responsibility of Carecall, Patients can contact Carecall by e-mail or by post.
   2. Carecall will respond to any complaint within 30 days of receiving it.
   3. In the event of any other complaints or questions relating to the Online Counseling, Patients should contact the Practitioner directly.

XI. Final provisions

1. 1. These terms and conditions will remain in force indefinitely until terminated by one party by notification to the other party, with 14 days’ notice (except in the event of a breach of contract).
   2. Carecall reserves the right to update these terms by giving 14 days’ notice to the Patient, should this prove necessary for updates to the Carecall technical solution, the Platform, or for other non-postponable reasons that require a contractual modification. The reasons for the change will be communicated to the Patient in a clear and comprehensive manner, without prejudice to the Patient’s right of withdrawal.
   3. Should any provision of these terms and conditions be found to be null or void, the rest of the provisions will remain fully binding. The invalid provision will be replaced by a relevant statutory provision.
   4. These terms and conditions and the relationship between the Patient and Carecall are governed by Estonian law.