VIVEO Health OÜ, registry code 14351223, address Harju county, Tallinn, Veerenni 38, 11313 (hereinafter as: VIVEO) is a health care provider (health care provider activity licence No. L04709) and the manager and owner of the environment, which facilitates provision of online health care service (hereinafter as: Portal).
1. Nature of the service and Portal
1.1. VIVEO provides health care and services associated with the provision of health care (such as the service allowing the use of the Portal; hereinafter the above jointly referred to as: Services).
1.2. The Portal http://doctor.viveohealth.com/ is an environment created and managed by VIVEO, through which it is convenient to receive health care and to access data relating to health care provision.
1.3. The Portal https://viveohealth.com is an environment created and managed by VIVEO, which allows healthcare providers and patients to be brought together. For users of this environment VIVEO only provides opportunities to offer and use of the services, without being it healthcare services provider itself.
2. General provisions
2.1. These terms and conditions for users (hereinafter as: User Conditions) are applied to all legal relationships between VIVEO and the patients, who have the right to receive Services from VIVEO (hereinafter as: Member). The User Conditions are binding for all Members, who are responsible for viewing and accepting these.
2.2. VIVEO has the right to amend the User Conditions at any time unilaterally, notifying thereof through the Portal or by any other means.
2.3. VIVEO processes the personal data of Members in compliance with VIVEO privacy conditions, which are available here: https://viveohealth.com/privacy-policy/
3. Becoming a Member
3.1. A person can become a Member in case the employer of the person (hereinafter as: Employer) has concluded a cooperation agreement with VIVEO (hereinafter as: Viveo Employee solution). In such case the preconditions for becoming a Member are as follows:
(a) The Member has a valid employment contract (or a similar contract) with the Employer;
(b) The cooperation agreement concluded between the Employer and VIVEO is in force and any obligations arising therefrom have been duly met by the Employer (e.g. invoices settled on time by the Employer);
(c) The Employer has entered Member’s details into the Portal;
(d) The Member has been insured in the national health insurance system through the Estonian Health Insurance Fund;
(e) The Member delivers to VIVEO all the information required by VIVEO;
(f) The Member has become familiar and agrees with these User Conditions.
3.2. A person can also become a Member by contacting VIVEO directly with the request to receive the Services (hereinafter as: VIVEO Concierge solution). In such case the following preconditions apply to becoming a Member:
(a) The Member has been insured in the national health insurance system through the Estonian Health Insurance Fund;
(b) The Member delivers to VIVEO all the information required by VIVEO;
(c) The Member has become familiar and agrees with these User Conditions.
3.3. After becoming a Member and agreeing with the User Conditions, a user account is registered for the Member in the Portal.
4. Provision of health care
4.1. A Member has the right to turn to VIVEO with a health problem and receive Services pursuant to the procedure and in a scope provided in these User Conditions.
4.2. In order to receive a health care service, the Member should file a complaint with a health issue and describe the health problem (hereinafter as: Complaint). Complaints can be filed to VIVEO through the Portal or by telephone.
4.3. When filing a Complaint through the Portal, the Member should:
(a) Log in to the Portal through the subsection “My health”: http://doctor.viveohealth.com/;
(b) Identify themselves in the Portal;
(c) submit the Complaint in writing and add relevant files to the Complaint as necessary (such as a picture of the health issue).
4.4. After the Complaint has been stated, VIVEO will contact the Member and an appointment will be made for the provision of a health care service if necessary. The appointments are entered into the calendar available in the VIVEO Portal.
4.5. VIVEO provides health care to Members only through the Portal, audio or video call (hereinafter jointly as: Telemedicine). VIVEO provides the following health care services and only in a scope possible by Telemedicine:
(a) conversation with the Member, collecting and saving the anamnesis (medical history);
(b) diagnostics, drawing up the treatment plan and establishing the diagnosis;
(c) prescribing the treatment;
(d) counselling for maintaining and improvement of health;
(e) counselling about working and living arrangements;
(f) recommending medicines and writing the prescription;
(g) preparing the documents to verify provision of services, and processing of data in the health information system regarding the provision of health care to Members;
(h) other activities necessary during the appointment and directly related to the provision of health care.
4.6. Should it be necessary by VIVEO’s estimate to provide a Member with a health care service not offered by VIVEO (incl. necessity to call the Member to the office so that the health care professional and the Member would be physically in the same room), then VIVEO books and arranges the provision of the necessary health care service to the Member at a health care provider belonging in the VIVEO partner network (hereinafter as: Partner). Services provided by Partners include the following:
(a) specialized medical care and nursing services;
(b) examinations, procedures and analyses;
(c) laboratory examinations;
(d) issuing of prescription medicines.
4.7. If the provision of a health care service at a Partner entails expenses for the Member, VIVEO explains to the Member the occurrence of foreseeable costs to the extent possible. If the Member tells VIVEO that they do not wish to receive health care at the Partner, then VIVEO makes no such appointment for the Member.
4.8. For each Complaint, VIVEO creates a case record in the Portal, where the health care professional enters the treatment plan drawn up during the health care service. Through the Portal, a Member has access to all their case records.
4.9. According to Law of Obligations Act § 765, the presence of another person during the provision of health care services is permitted only with the consent of the patient unless it is impossible to provide the health care services without the presence of the other person, it is impossible to obtain the consent of the patient and failure to provide the health care services would significantly damage the health of the patient. If the health care service is provided over a video or telephone call, the Member undertakes to make sure there are no persons next to them, who could see and/or overhear the video or telephone call. In a situation, where a person is next to the Member, able to see and/or overhear the video or telephone call, the Member gives their consent to the provision of the health care service at the presence of such person.
4.10. VIVEO does not provide health care services other than those stated above in clause 4.5.
4.11. VIVEO provides Services in Estonian or another language in agreement with the Member.
5. Conclusion of the health care contract
5.1. The health care contract is deemed concluded between VIVEO and a Member from the moment, when the Member contacts VIVEO and agrees with these User Conditions.
5.2. The health care contract consists of these User Conditions and conditions agreed with the Member orally or in writing. In addition to the above-said, the legal relationship between VIVEO and the Member is governed by VIVEO internal rules notified to the Member (e.g. office hours of health care professionals) and applicable legislation.
5.3. If a health care service is provided by a Partner, the health care contract is concluded between the Member and the respective Partner. In that case the terms and conditions of such health care contract apply to the provision of health care by the Partner, while these User Conditions will not apply in the given scope.
6.Consent for the provision of health care
6.1. VIVEO provides a Member with health care only with the consent of the Member. The parties regard that with the acceptance of the User Conditions and by contacting VIVEO with a health concern, the Member gives their informed consent to receiving health care.
6.2. A Member has the right to withdraw their consent prior or during the provision of health care. If a Member withdraws the consent during the provision of health care and interruption of such provision will not present any health hazard to the Member, the provision of health care is terminated. If such interruption presents a health hazard to the Member, the minimum procedures necessary to ensure the safety of the patient are carried out prior to the termination of the health care.
6.3. Health care provided until the withdrawal of the consent shall not be deemed as impermissible with the withdrawal of the consent.
6.4. VIVEO has the right to request Member’s consent (or request a withdrawal of consent) in writing or in a format which can be reproduced in writing.
6.5. In case of a Member with restricted active legal capacity, the consent for the provision of health care is given by the legal representative of the Member (e.g. a court-appointed guardian in case of an adult with mental disorders), except if the Member is independently capable of responsible consideration of the pros and cons of the provided health care. VIVEO shall not follow the decision of a legal guardian, if it has obvious adverse effects on the interests of the Member.
6.6. VIVEO may provide health care without the consent of a Member in exceptional cases, where it arises from applicable laws.
7. Responsibilities of VIVEO
7.1.VIVEO renders health care to a Member requesting such services, provided that:
(a) the Member has a health disorder or a risk of such;
(b) for the treatment of the health disorder of the Member it is necessary to provide a health care service to the Member;
(c) the required health care service is one that is provided by VIVEO (see the list above in clause 4.5);
(d) the procedures and measures requested by the Member (such as the type of requested health care service) is not contrary to provisions of law or the User Conditions;
(e) there are no other grounds to refuse from providing the health care service.
7.2. Unless provided otherwise in legislation, in providing health care services VIVEO has an obligation to:
(a) receive the consent from the Member to provide the health care service;
(b)inform the Member about the results of their examination, their health condition, possible illnesses and progress thereof, access to, nature and purpose of a necessary health care service, hazards and consequences entailed, and other possible health care services. VIVEO should present the named information in a format which can be reproduced in writing, if requested by the Member. VIVEO undertakes not to disclose the above information to the Member, if the Member refuses to receive the information and such act has no negative effect on the legitimate interest of theirs’ or other parties;
(c) hold in secret any details about the person and health condition of the Member that has come to their knowledge through the provision of the health care (unless stipulated otherwise in the applicable law, or if the delivery of personal data is legal and performed in compliance with VIVEO privacy conditions);
(d) document the provision of health care services according to requirements and store the respective documents. A Member has the right to have access to these documents and receive transcripts thereof at their own cost;
(e) provide health care at least at the general level of medical science as of the time of providing the health care, and to provide health care with diligence normally expected of VIVEO. If necessary, VIVEO undertakes to guide a Member to a specialist doctor, or to involve a specialist doctor.
8. Responsibilities of the Member
8.1. The Member undertakes to:
(a) disclose to VIVEO all the circumstances, which to their best knowledge are relevant to the provision of the health care service (such as the circumstances that can affect their current health condition and provision of the health care service, such as unhealthy habits, medication used, chronic diseases);
(b) disclose to VIVEO other information, which to their best knowledge could be of reasonable interest to VIVEO;
(c) make their own contribution needed for VIVEO in providing the health care service and performing the contract;
(d) be ready for the health care service at the agreed time, such as for a video call with VIVEO at the appointed time. If the Member cannot be ready for the health care service at the agreed time, the Member shall inform VIVEO thereof at least 12 hours in advance;
(e) perform other obligations laid down for Members in these User Conditions.
8.2. It is prohibited for a Member to:
(a) use the Portal and the rights laid down in the User Conditions to commit offences or in any other way contrary to the User Conditions, applicable law or good ethics and practice;
(b) enter malware or similar into the Portal and use the Portal in any way that interferes with or damages the normal functioning of the Portal.
9. Postponing the provision of Service
9.1. VIVEO has the right to postpone the provision of Service, if:
(a) provision of a health care service at the intended time is not possible due to a problem related to work arrangement (e.g. illness of the health care professional or failure of the medical equipment) and a postponement is reasonable in the opinion of VIVEO, considering the state of the Member;
(b) Due to a conflict between a Member and a VIVEO employee providing the health care service, it is reasonable in VIVEO’s opinion to direct the Member to another health care professional;
(c) The Member has violated an obligation laid down in User Conditions, of the User Conditions has not been met;
9.2. VIVEO notifies the Member about postponement of the Service at the earliest opportunity and offers a new appointment for the provision of the health care service as soon as possible.
10. Refusal to provide the Service
10.1.VIVEO has the right to postpone the provision of the Service and/or refuse from concluding a contract for health care or to refuse from providing the Service under an effective legal relationship, if:
(a) the Member is not ready for the provision of the health care service at the agreed time (such as not ready for a video call appointment at the agreed time);
(b) the Member requests provision of a health care service under conditions contrary to applicable laws or these User Conditions;
(c) the Member commits a breach of their own obligations arising from health care service conditions agreed orally or in writing, from User Conditions, VIVEO internal rules or applicable law, such as when a Member fails to disclose all the circumstances necessary to their best knowledge for the provision of the health care service or to make their own contribution necessary for VIVEO for performance of the contract;
(d) the health care service sought by the Member is not necessary or indicated for the Member’s health from a medical point of view, or provision of which could pose a risk to the life or health of a VIVEO employee or a third party;
(e) provision of a health care service entails a greater risk to the life and health of the Member than omission of the health care service;
(f) according to the activity licence, VIVEO does not have the right to provide the requested health care service to the Member, or has no specialist competence to provide the specific health care service;
(g) VIVEO employees are unable to communicate with the Member in a language which he/she understands and the Member cannot involve an interpreter, wherefore VIVEO is unable to receive Member’s informed consent to the provision of the health care service;
(h) The Member is under the influence of alcohol or narcotic drugs during the provision of the health care service, or in VIVEO employees’ estimation has indications of the influence of alcohol or narcotic drugs according to symptoms listed in Minister of Social Affairs Regulation “List of signs of a state of intoxication and the manner in which the exhibition or non-exhibition of the said signs is to be established” (RT I, 27.06.2014, 4; available at: https://www.riigiteataja.ee/akt/127062014004);
(i) The Member or a person close to them is rude to the VIVEO employee or subjects them to verbal or physical abuse;
(j) In case of the VIVEO Employee solution, any condition under the Insurance Criteria has not been met, or the case is not an insurance event according to the Insurance Criteria.
10.2. Refusal or termination of provision of the health care service is described in the medical care documents of the Member.
11. Expiry of the health care contract
11.1. The health care contract expires with:
(a) termination of the provision of the health care service;
(b) transfer of the provision of the health care service to another health care provider;
(c) cancellation of the health care contract;
(d) decease of the Member.
11.2. A Member has the right to cancel the health care contract at any time without disclosing the reason, except if provided otherwise in applicable law.
11.3. VIVEO has the right to cancel the health care contract for a good reason that causes VIVEO’s inability to continue with the provision of health care, all things considered. Circumstances stated in clause 10.1 of the User Conditions can be regarded as good reason among other. If necessary (such as in case the health care service must be uninterrupted), VIVEO continues to provide the health care service to the Member until the Member can receive the service elsewhere.
12.1. VIVEO does not guarantee improvement of Member’s health. VIVEO provides health care at the general level of medical science as of the time of providing the health care, providing the health care with diligence normally expected of a health care provider.
12.2. VIVEO and the health care professional directly providing the health care service are liable only for a wrongful violation of their obligations, primarily for misdiagnosis and errors in treatment and for the violation of the obligation to notify the Member and obtaining their consent.
12.3. VIVEO is not responsible for possible negative consequences entailed with the provision of a health care service, if the health care service corresponds to the general level of medical science, the direct provider of the health care service has informed the Member of the risks entailed and the Member has given their consent to receiving the health care service.
12.4. The Member is obliged to provide proof of the circumstance on which the liability of VIVEO or the persons named in clause 14.2 is based, except in case the provision of the health care service to the Member has not been documented as required.
12.5. VIVEO is not responsible for damages occurring to a Member in relation to the provision of a health care service at a Partner.
12.6. A member is responsible for the accuracy of the data entered by them into the Portal or presented otherwise to VIVEO. In the event that the data presented are incorrect, VIVEO has the right to request from the Member compensation of related damages.
12.7. VIVEO does not guarantee continuous availability of the Portal. VIVEO does not guarantee compatibility of the Portal with the software and/or hardware used by the Member, or that the Portal is free of any errors or malware at all times.
12.8. VIVEO has the right to restrict, cancel or interrupt Member’s access to the Portal, if there is a right based on the User Conditions to refuse from providing health care.
12.9. VIVEO is not liable for damages, which have occurred or will occur to a Member or third parties through the use of legal remedy by VIVEO.
13.1. The group insurance agreement on diagnostics insurance has been concluded through Vandeni Kindlustusmaaklerid AS, meaning that VIVEO is not an insurance intermediary and does not receive any fee for insurance mediation.
14. Links to the websites of third parties
14.1. The Portal may include links to the applications or websites of other parties (hereinafter as: Third Party Websites). Conditions and principles different from User Conditions can apply on Third Party Websites, which are beyond the control of VIVEO. VIVEO is not responsible for the content of Third Party Websites and for the conditions effective therein. Members themselves are responsible for becoming familiar with the conditions effective on Third Party Websites.
15. Applicable law and settlement of disputes
15.1. The User Conditions, legal relationships and disputes arising therefrom are governed by the law of the Republic of Estonia.
15.2. Disputes occurring between VIVEO and a Member on the grounds of the User Conditions are settled amicably through negotiations. Should it be impossible to settle a dispute by this method, then Harju County Court (Tallinn, Estonia) has the jurisdiction as the court of first instance.
16. Final provisions
16.1.Invalidity of any clause of the User Conditions shall not affect the validity of other clauses of the User Conditions.