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).
The user account that the Client creates in CureAssist.
These user conditions provided herein.
Any person who has created an account in CureAssist, to whom CureAssist provides and Intermediation service.
Any person who has created an account in CureAssist, to whom CureAssist provides and Intermediation service.
An HSP worker, who provides services on behalf of HSP, while being in an employment or other contractual relation with HSP.
Is a platform through which CureAssist mediates Services provided by HSP to the Client and Clients to the HSP.
A privacy notice compiled by CureAssist and meant for the Client, that explains to the Client which of the Client’s data and for which objectives are processed by CureAssist. The Privacy notice is available at www.cureassist.eu/privacy-policy
Hooli Healthcare OÜ, registry code 14531847, address Mäealuse St 2/1, Tallinn 12618.
The provision of Health and/or Healthcare services by HSP.
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.
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.
Health Services Organisation Act (RTRT I, 28.12.2017,54).
Is any operation or a set of operations which is performed on personal data, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction. Processing can be done manually or by automated means, such as IT systems.
The mediation of HSP provided services by CureAssist to the Client through the CureAssist platform.
THE INTERMEDIATION SERVICE PROVIDED BY CureAssist
- CureAssist provides the Client an Intermediation service through CureAssist platform under which the Client has the possibility to receive the Service of a Medical worker. CureAssist does not provide Services in their own name or does not have any employment or other contractual relations with the Medical workers, who offer Services in CureAssist. CureAssist does not take responsibility for the contents and quality of the Service, but is only responsible for the Intermediation service. The Service is provided to the Client according to the terms and conditions stipulated in a separate contract entered into between the HSP and the Client.
- In order for it to be possible for CureAssist to provide the Intermediation service to the Client, the Client still has to accept these User conditions and Privacy notice before the start of CureAssist’s Intermediation service, create a User account in CureAssist and provide CureAssist with the appropriate consents necessary for CureAssist to provide the Intermediation service. The Client has the right to close their CureAssist User account according to clause 6 of the User conditions.
- To receive the Intermediation service and order the Service, the Client will authenticate themselves on the CureAssist platform by using their ID card, Smart-ID or mobile-ID, choose the suitable Medical worker on CureAssist, accept the general conditions and privacy notice of that specific HSP, give the HSP the required consents for Service provision, book a time to receive the Service, the type of consultation, note what health related complaints they have, and pay for the ordered Service by Debit/credit card or, if available, a banking link directly to CureAssist. CureAssist will send the Client a confirmation via e-mail & SMS with the booked time, when the Client will receive the service in CureAssist from the Medical worker
- If a company is paying on behalf of the Client, the payment will be automatically deducted from the company’s virtual account. If the company’s virtual account does not have the necessary funds, it is possible to also partly pay for the Service from the company account and partly from the Client’s personal account.
- Based on these User conditions, it is only possible to order Services through CureAssist for the Client themselves. The Service can be ordered for a person with restricted active legal capacity, whose legal representative the Client is, however, in such case the Client also has to be present during the Service provision. If the person with restricted active legal capacity orders the Service themselves, or if the Client orders the Service for the person with restricted active legal capacity, but, the Client is not present during the provision of the Service, upon detection of such a situation, CureAssist has the right to deny provision of the Intermediation service. In such case, CureAssist is not obligated to return the sum paid by the Client for the Service.
- As the provider of the Intermediation service, CureAssist will make every reasonable effort to ensure that the Intermediation service meets the Client’s expectations. Despite the efforts of the Medical worker providing the Service, it is not fully possible to eliminate the risk that the information provided by the Client about the Client`s health is not entirely truthful, due to the specific character of remote consultation, a lack of laboratory analysis, and other circumstances. It is also important to note that the Service might not be an adequate form of intervention in case of some illnesses, which, depending on the specific health problem of the Client, might need an initial or follow-up appointment with a general practitioner or a specialised doctor.
- As the provider of the Intermediation service, CureAssist will keep confidential the information disclosed to the Medical worker about the Client during Service provision (for example, information forwarded by chat through CureAssist) and will process the information only on conditions outlined in the User conditions and Privacy notice. CureAssist follows all obligations derive from the Data protection laws and enters into data protection and confidentiality agreements with its employees, subcontractors and other persons, who may have access to the personal data disclosed by the Client. The Client has all the rights of a data subject set out in law.
- The special categories of data (information on health) disclosed for the purpose of providing the Service will be stored on the CureAssist platform for 7 days starting from their entry into CureAssist by the Client or the Medical worker. After this time lapses, the Client no longer has the possibility of accessing their health information on CureAssist. At the same time, this does not eliminate the Client’s right to turn to the Medical worker for this information should the need arise.
- The Client has the possibility to access the User conditions and Privacy notice they have accepted in their CureAssist profile under the subsection “My consents”.
- When accepting the User conditions and creating the User account, the Client gives CureAssist their consent for providing the Intermediation service and confirms that they are aware that when they agree to the User conditions, the Client as a consumer revokes their right of withdrawal.
- Through an existing User account, CureAssist can provide the Client with the Intermediation service and through the User account, the Client can order the Service, participate in Service provision by the Medical worker, and access all transactions carried out by the Client on CureAssist (Services bought).
- Creating a User account is free of charge and the Client can do it independently on CureAssist. To access the User account, identification is required using the Client’s phone number, ID card, smart-ID, mobile-ID or any alternative means serving the same purpose. By creating a User account and using the account, the Client gives CureAssist the permission to use temporary as well as permanent cookies.
- When creating a User account, the Client must identify him or herself by using the above mentioned authentication mechanisms and enter and confirm the required information (for example, their e-mail address). The Client’s e-mail address is necessary in providing the Intermediation service for notifying the Client of the bookings the Client has made, forwarding the confirmation of the booking by the Medical worker, forwarding the invoice for the Service, and other notifications. The Client is obligated to renew the e-mail address connected to the User account if the need arises.
ORDERING THE SERVICE, CARD PAYMENTS AND SECURITY
- To order the Service, the Client chooses a suitable Service and Medical worker in CureAssist and pays for the ordered Service by debit/credit card and/or a banking link.
- The Client will pay CureAssist for the ordered Services according to the Medical worker price list available on CureAssist. For the sake of clarity, the Client will pay for the Intermediation service as well as the Service according to the amount set out in the price list directly to CureAssist. The Client cannot and is not obligated to pay for the Service directly to the Medical worker and/or the HSP. The amount listed in the price list that should be paid to CureAssist already includes both the Intermediation service as well as the Service fee.
- The Medical worker who offers the Service has the right to unilaterally change the price list from time to time. When paying for the service, the price in effect at the moment of ordering the Service will apply. The Service will be provided based on the price list that was in effect at the moment of paying for the Service.
- After arranging a time for the Service, the Client can change or cancel the booking, but not less than 24 hours before the agreed time. The Client can change the time of the consultation Service by logging in to their User account in CureAssist. For bookings that are not cancelled, CureAssist has the right not to return the prepaid sum paid for the Service to the Client. In case of a correct cancellation, CureAssist will transfer the sum paid by the Client for the Service as a prepayment to the Client’s CureAssist virtual account.
- If the consultation does not take place and the Medical worker is at fault, the prepaid sum will be paid back to the Client’s CureAssist virtual account.
- The Service can be paid for by Visa or MasterCard or American Express credit cards or by banking link, if the latter is supported.
- When using the card payment (Visa, MasterCard, American Express) option, the payment will be made via the secure Stripe. After entering the card number, security code (three digit code on the back of the card), and the card expiration date, Stripe will authorise the transaction with the Client’s bank. When asking for card information, the SSL security protocol is used, as well as the MasterCard SecureCode and Verified by Visa security programmes, which ensure that the exchanged information cannot be accessed or changed by unauthorised persons. At the payment moment, the card owner will enter their card information into a database that is located in the Stripe server and the information will also be stored on the Stripe server. CureAssist does not store the Client’s credit card information or have access to the Client’s credit card information.
- A Service ordered through the User account is considered completed when the occurrence of the video or audio session between the Client and the Medical worker is recorded in CureAssist.
- The Client has the right to file any complaints to CureAssist within 14 days of the booked Service time if the Service provision was disrupted due to problems with the Intermediation service (technical problems). The Client should submit their complaints to CureAssist at the e-mail address listed in clause 8.6 of these User conditions. In the complaint, the Client should describe exactly what are the contents of the complaint (for example, technical problems with Service provision). CureAssist is not responsible for the Services provided to the Client and therefore it is not possible to submit any claims against CureAssist regarding the Services.
- Within 48 hours of receiving the Client’s complaint, CureAssist will get in contact with the Medical worker who provided the Service, to confirm the complaint submitted by the Client (if CureAssist cannot determine what was the problem to which the Client referred through CureAssist’s technical support). If CureAssist finds that the claims are justified, then the Service provider will return the amount paid for the Service to the Client’s virtual account.
- CureAssist platform is a means of providing an Intermediation service between the Client and the Medical worker, which is why CureAssist cannot impact or take responsibility for the quality and shortcomings of the actual Service. Therefore, CureAssist does not have the means to ensure that the Service will always be provided correctly and without fault on CureAssist.
- If the Client has complaints about the quality of the service provided by the Medical worker, the Client is obligated to directly contact the HSP whose Medical worker provided a lacking Service to the Client. The dispute between the Client and the HSP will be resolved outside CureAssist platform, according to the HSP general conditions, and as the Intermediary service provider, CureAssist will neither participate nor intervene in these procedures.
CLOSING A USER ACCOUNT
- If the Client wishes, they have the right to close their CureAssist User account by sending a message to CureAssist with the request to the e-mail address listed in clause 8.7 of these User conditions. When the account is closed, it is assumed that the Client has unilaterally ended the fulfilment of User conditions.
- The User account cannot be closed if the Client has not fulfilled one or several of the following conditions:
- The Client has unresolved claims;
- There are active bookings on the Client’s account;
- The Client has unpaid invoices;
- There is money in the Client’s virtual account.
- To reopen the User account within 24 months, the Client should contact CureAssist at the e-mail address indicated in clause 8.7 of the User conditions.
- CureAssist has the right to unilaterally close the User account and, therefore, unilaterally end the fulfilment of User conditions, if according to the reasonable assessment of CureAssist, a breach of the User conditions on the part of the Client will not allow to continue providing the Intermediation service. If it is possible and reasonable, considering the circumstances, CureAssist will previously provide the Client with a deadline for eliminating the breach, and if it is not followed, CureAssist will terminate the User contract and close the User account.
- If CureAssist closes the User account as described in clause 6.4, the Client does not have the right to request a reopening of the User account, as set out in clause 6.3.
- After closing the User account, CureAssist will erase the Client’s personal data within 7 days, unless CureAssist has the legal obligation to maintain the personal data longer.
- In providing their Intermediation service, CureAssist is liable only for the wrongful violation of their obligations.
- In providing the Intermediation service, CureAssist uses third party service providers. CureAssist is not liable for the quality of the Service provided by the HSP and/or the Medical workers.
- CureAssist is not liable for violations of their obligations that are due to the Client not following the guidelines provided in these User conditions or in CureAssist.
- These User conditions will apply to the Client immediately after the Client accepts the User conditions and the Privacy notice and creates a User account in CureAssist.
- These User conditions constitute a contract without a fixed term, and the Client can close the User account and terminate the User conditions according to terms set out in clause 6 of the User conditions.
- The prices of the Services ordered, including taxes and other parts of the price and their amounts are noted in CureAssist on the booking form that is displayed while booking the Service.
- The offers and prices listed by CureAssist in CureAssist are valid until they are published on CureAssist platform and until otherwise noted there.
- CureAssist has the right not to provide the Service ordered by the Client (and the Client will not receive the ordered Service) if the Client does not follow the guidelines set out in the User conditions.
- Before paying for the Service, the Client has the chance to review the information they entered and, if needed, change this information. The Client can also cancel the Service at least 24 hours before the Service is going to be provided to the Client. It is not possible to cancel the service less than 24 hours before, and in such case CureAssist is not obligated to return the paid amount to the Client.
- For questions or feedback about using the User account and the Intermediation service, the Client can contact CureAssist’s client support by calling +37253618914 (M-F 9:00-18:00 GMT +2) or by writing an e-mail to email@example.com. CureAssist will respond to the Client’s e-mail during working days within 24 hours of receiving the letter.
- All rules that CureAssist follows when providing the Intermediation service have been disclosed in the User conditions, Privacy notice and in CureAssist platform.
CHANGING USER CONDITIONS AND RESOLVING DISPUTES
- CureAssist has the right to unilaterally change the User conditions and/or the Privacy notice by publishing the changed User conditions and/or Privacy notice on CureAssist and by notifying the Client about the changes. The User conditions apply to the Intermediation service provided for the Client that were in effect at the moment of providing the specific Intermediation service.
- If the Client does not accept the changes to the User conditions and/or the Privacy notice, the Client has the right to refuse to use the Intermediation service provided in CureAssist.
- If the Client finds that CureAssist has not provided the Intermediation service according to the User conditions, the Client has every right to use legal remedy to protect their rights and turn to the appropriate supervisory agency.
- Any disputes related to the fulfilment of these User conditions will be resolved through negotiation between the parties. If the dispute between the Client and CureAssist cannot be resolved through negotiations, the dispute will be resolved by the Harju County Court. If the client is a natural person, the dispute will be resolved in the court allocated to the Client’s place of residence.
- If CureAssist has a valid framework agreement for providing the Intermediation service with a legal person that is an employer (a corporate employer) and whose employees are CureAssist Clients (Clients, who are in an employment or other type of contractual relation with a corporate employer), then the following special conditions apply to these Clients:
- Clients can order Services through CureAssist in the fields determined by the employer at the expense of the employer and to the credit extent determined by the employer. CureAssist will notify the Client if the credit limit has been exceeded, and then the Client can pay for the booking with their own means according to conditions set out in clause 4 of the User conditions;
- If CureAssist and the corporate employer have agreed that the Client is responsible for paying for the ordered Service themselves and the employer will compensate the Service directly to the Client based on their agreement, CureAssist is obligated to forward the respective documents to the Client after the Service has been paid, which will allow the Client to request compensation from their employer. Payment for the Service by the Client will be carried out according to the conditions set out in clause 4;
- Until the Client is in an employment or other contractual relation with the employer, the employer will administrate the Client in CureAssist. That means that the Client’s employer has the right to determine the Client’s rights (Service area, credit limit, etc.), when the Services are ordered at the employer’s expense. This fact does not mean that the Client’s rights are restricted in paying for services on CureAssist themselves or ordering Services according to User conditions;
- If the framework agreement between CureAssist and the Client’s employer ends, CureAssist will not automatically erase the Client’s CureAssist User account. If the Client wishes to delete their User account after the termination of the framework agreement between CureAssist and the employer, the Client should follow conditions set out in clause 6 of the User conditions.
- If the Client has any complaints about the quality of the service provided by the Medical worker and if that leads to a dispute between the Client and the Medical worker, the Client is obligated to notify the company. After receiving information about a dispute from the company, CureAssist will assist in resolving the dispute by bringing together representatives of the company and the HSP.
In effect as of 11.12.2020