Viveo

Terms & Conditions

For Patients
For Clinics & Doctors

Viveo Health Terms of Use

1. Purpose of the Terms of Use

1.1 These terms of use (hereinafter the Terms of Use) determine the terms and conditions for the provision of health care services through the VIVEO Health Solution www.viveohealth.com and the VIVEO Health mobile app (hereinafter the Platform, together referred to as the Health Platform).

1.2 The Terms of Use include the General Terms and Conditions for Health Care Services (hereinafter the General Terms and Conditions) and the VIVEO Health privacy terms and conditions (hereinafter the Privacy Terms and Conditions).

1.3 In order to use the Health Platform, the user must agree to the Terms of Use, the General Terms and Conditions, and the Privacy Terms and Conditions, thereby entering into a legally binding contract between VIVEO and the user for use of the Health Platform.

2. Definitions

2.1 VIVEO is VIVEO Health India Private Limited, registry code U72900MH2020FTC347036, address O-1101 Bhoomi Park Phase 3 Bafhira Nagar, Malwani NR Fire Brigade Malad (W), Mumbai, Mumbai City, Maharashtra, India, 400095, e-mail india@viveohealth.com - the administrator and owner of the Health Platform and the health care provider.

2.2 The Health Platform is a convenient web solution for providing and using health care services, available via the website viveohealth.com and the mobile app.

2.3 The Client is a natural or legal person who has a user account on the Health Platform for using the health care services.

2.4 The Services are healthcare services and services related to the healthcare services which are provided by the Clinic through the Health Platform and which the Client can use through the Health Platform.

2.5 The Clinic is a Partner Clinic or a private doctor. The Clinic is also VIVEO if it is acting in the capacity of a health care provider. If the Client has not contacted VIVEO to receive health care services but only to use the Health Platform, VIVEO acts as the owner and administrator of the Health Platform and not as a Clinic. Only the Terms of Use apply to the respective legal relationship, with the General Terms and Conditions for Health Care Services not applying.

2.6 The Partner Clinic is a health service provider that is partnered with VIVEO.

2.7 The Partner is a health service provider, to whom the Clinic may refer the Client if it does not provide the respective health care services itself.

2.8 The Client is a natural person who uses the Services of the Health Platform.

2.9 The User Agreement is an agreement concluded between VIVEO and the Client for the use of the Health Platform.

2.10 A Health Care Service Agreement is an agreement entered into between the Clinic and the Client for the provision and use of health care services through the Health Platform.

3. Health platform service

3.1 By using the Health Platform, the Client is able to use the health services and other related services offered by Clinics.

3.2 The Health Care Service is provided by the Clinic, which is VIVEO or the Partner Clinic, depending on which health care service the Client selects.

3.3 The Client can use the Health Care Service through the Health Platform if they have concluded a User Agreement and a Health Care Service Agreement.

3.4 A Health Care Service Contract is concluded between the Client and the Clinic if the Client has contacted the Clinic of their choice for the first time via the Health Platform after signing the Health Platform User Agreement (if the Client is a Health Platform client).

4. Health platform

4.1 In order to enter the Health Platform and use health care services through it, the Client must enter into a User Agreement with VIVEO and register a user account. The User Agreement is concluded when the Client agrees with the Terms of Use of the Health Platform and the General Terms and Conditions of the health care service and consents to the processing of his or her personal data in accordance with the Privacy Terms and Conditions.

4.2 If the Client does not agree with the Terms of Use and the General Terms and Conditions of the Health Care Service or does not consent to the processing of his or her personal data, he or she may not use the Health Portal.

4.3 By opening an account on the Health Platform, the Client confirms that the information provided by him or her upon the opening of the account is true, complete, and correct, that he or she possesses active legal capacity and is at least 18 years of age. This information is presumed to be accurate and VIVEO has no obligation to verify the information provided.

4.4 The Client has the right to use the Health Platform for the sole purpose of accessing health care and any related services and shall avoid misuse of the Health Portal. Upon entering the Health Portal for the first time, the Client shall check whether the Health Platform meets his or her needs.

4.5 The Client shall use the Health Platform in accordance with the Terms of Use and the instructions published within the Health Portal.

4.6 The Client shall ensure the secrecy of the password and passcodes required to access the Health Portal and to notify VIVEO immediately if they should fall into the hands of unauthorised persons.

4.7 VIVEO has the right to amend the Terms of Use, announcing the change via the Health Portal or the website viveohealth.com at least 14 days in advance. If the Client does not agree with the changes, he or she has the right to cancel the User Agreement by sending a written notice to the e-mail address info@viveohealth.com or closing his or her user account. If the User continues using the Health Platform after the changes have entered into force, he or she is deemed to have accepted the changes to the Terms of Use.

4.8 If any provision of the General Terms and Conditions or the Terms of Use becomes invalid, the validity of the other clauses of the Terms of Use will not be affected.

4.9 VIVEO allows the Client to use the platform in its existing level of functionality and does not assume any obligations to change or develop it.

4.10 VIVEO reserves the right to make changes in order to optimise and develop the Health Platform, notifying the Clients in a timely manner if the operation of the Health Portal is disrupted as a result.

4.11 The health platform is open 24/7.

4.12 The user support contact is the email address info@viveohealth.com.

4.13 VIVEO shall answer the questions of the Client within a reasonable period of time, but cannot always guarantee a suitable answer for the Client.

4.14 VIVEO will make every effort to rectify all Health Platform failures as soon as possible, but does not guarantee the immediate rectification of a failure caused by VIVEO itself.

4.15 As an exception, VIVEO may restrict access to the Health Platform for up to 30 minutes, if necessary, to perform maintenance, developments, or upgrades. If the access restriction is longer, the Clients will be notified in advance. VIVEO will not be liable for any delays, failures, and content caused by updates to the Health Platform.

4.16 The Client is prohibited from using the rights set forth in the Health Platform and the Terms of Use to commit any violations of law or in any manner that is contrary to the Terms of Use, applicable law, or good morals and practices, and to insert malware or any other malicious software into the Health Platform or to use the Health Platform in any manner that interferes with or impairs the normal functioning of the Health Platform

4.17 VIVEO does not guarantee the constant availability of the Health Platform. VIVEO does not guarantee that the Health Platform is compatible with the software and/or hardware used by the Client or that the Health Platform is free from any errors or malware at all times.

4.18 VIVEO has the right to restrict, cancel, or suspend the Client’s access to the Health Platform if, in accordance with the Terms of Use or the General Terms and Conditions, the right to refuse to provide health care arises.

5. Intellectual property

5.1 Copyright for the Health Platform and other services provided by VIVEO, all works found within and related works, including supporting software, tools, specifications, manuals, domains, trade marks, business names, text, database elements, and graphics, belongs to VIVEO. The user is not entitled to the VIVEO trademarks and may not disclose that it is the owner or licensee of the VIVEO trade marks.

5.2 Neither the Client, the Partner Clinic, nor any third party will have the right to reproduce, copy, distribute, modify, transmit, translate, incorporate into other databases, produce extracts, etc., of the Health Platform, its components and the aforementioned copyright objects and the components thereof in any way, without the prior written consent of VIVEO.

5.3 VIVEO grants the Client a non-exclusive, non-transferable, limited license to use the functionality of the Health Platform solely for the purposes of the health care service and in accordance with the Terms of Use. The Client is prohibited from sharing the data and content of the Services with the competitors of VIVEO, from using the intellectual property rights of VIVEO for its own business activity, or from granting access to those rights to any third parties for the purposes of their business activity.

5.4 If the Health Platform contains references or links to websites belonging to third parties, VIVEO will not be responsible for them, as it has no control over them.

6. Confidentiality

6.1 VIVEO guarantees the confidentiality of Health Platform data.

6.2 VIVEO cannot guarantee the confidentiality of the data transferred by the Client to the Partner Clinic via the Health Platform in a situation where the confidentiality obligation may be violated by the Partner Clinic or the Partner outside of the Health Platform. VIVEO is not responsible for the Partner Clinic or the Partner.

6.3 VIVEO ensures the processing of personal data in the Health Portal in accordance with the Privacy Terms and Conditions.

7. Fee

7.1 VIVEO has the right to set a fee for the use of the Health Platform and to change that fee.

7.2 If using the Health Platform is a paid service or the fee changes, VIVEO shall notify the Client when creating a Health Platform user account, when the Health Platform becomes a paid service, or when the fee changes, via the Health Portal or the website viveohealth.com. In the event of a disagreement regarding the fee, the Client will have the right not to conclude the User Agreement or to cancel the User Agreement from the moment of entry into force of the fee by notifying VIVEO in writing or closing its user account.

7.3 Payment of the fee is due by the deadline and in accordance with the procedure set forth in the invoice or payment notice submitted by VIVEO.

7.4 In case of late payment, VIVEO has the right to demand interest on arrears of 0.15% of the unpaid amount and to cancel the User Agreement without prior notice, whereby the Health Care Service Agreement will also be deemed to have been terminated.

8. Liability of Viveo

8.1 VIVEO will not be liable for damages or other consequences arising from the following: 8.1.1 The Health Platform is not operating or does not function properly in some web browsers; 8.1.2 Errors and faults occur in the equipment, systems, or web connection of the Client, Partner Clinics, or third parties; 8.1.3 The password to the account of the Client falling into the hands of third parties; 8.1.4 The processing of personal data by the Partner Clinic or third parties; 8.1.5 Provision of Health Care Service by the Partner Clinic or Partner; 8.1.6 Disputes and disagreements between the Partner Clinic or the Partner and the Client; 8.1.7 Amendments to legislation and their interpretation, the reflection of changes in the Health Platform, and the impact thereof on the Client or Partner Clinic; 8.1.8 Delays, interruptions or failures due to maintenance or development work; 8.1.9 Force Majeure and other errors or disruptions that are beyond the control of VIVEO and hinder the use of the Health Platform or Services;

9. Termination of the user agreement

9.1 The Client has the right to terminate the User Agreement at any time by deleting his or her Health Platform user account or notifying the e-mail address info@viveohealth.com in writing.

9.2 VIVEO has the right to terminate the User Agreement by notifying the Client thereof on the Health Platform or via e-mail at least 30 days in advance.

9.3 VIVEO has the right to terminate the User Agreement without prior notice in the event that the Client has submitted false information, is using the Health Platform for purposes other than using the health care service, is violating the User Agreement or the Health Care Service Agreement, has disclosed Health Platform data and his or her password to a third party, is disrespectful towards the Clinic, fails to pay for Services, transfers non-health service related notices, information and photographs on the Health Platform, or damages the reputation of VIVEO.

General Terms and Conditions of the Health Care Service

1. Health Care Service Agreement

1.1 The Parties to the Health Care Service Agreement are the Clinic and the Client.

1.2 The Clinic is VIVEO or a Partner Clinic or a private doctor that provides health care services to the Client. If the Client has not requested to use the VIVEO health care service, then VIVEO will only act as the owner and administrator of the Health Platform and will not act as a Clinic.

1.3 The General Terms and Conditions of the Health Care Service (hereinafter the General Terms and Conditions) apply to the Health Care Service Agreement.

1.4 The Health Care Service Agreement is concluded between the Client and the Clinic once the Client has selected a health care provider – either VIVEO or a Partner Clinic – on the Health Platform, after concluding the user agreement and having contacted the representative of the Clinic, doctor, or other medical service provider, and the Clinic has started providing Health Care Services to the Client (hereinafter Services).

1.5 The Client use the Health Platform to contact the Clinic via chat or video call or other telemedicine telecommunications medium.

2. Provision of Health Care Service

2.1 The Client has the right to visit the Clinic selected from the Health Platform with a health problem and to use health care services to the extent and in accordance with the procedure provided for in the General Terms and Conditions.

2.2 In order to use the Health Care Service, the Client must submit a complaint to the Clinic regarding health concerns and describe the health problem (hereinafter Complaint). Complaints can be submitted to VIVEO through the Health Platform.

2.3 The Clinic is represented by a doctor or other health service professional whose contact information, details, and activity licence are displayed in the Health Platform.

2.4 In order to submit a complaint, the Client must: (a) log in to the Health Platform and identify himself or herself; (b) submit the Complaint to the Clinic via the Health Platform in writing and, if desired, attach relevant files (for example, a picture of the complaint) to the Complaint. (c) submit the Complaint orally, via a video call, or other telecommunications medium.

2.5 After submitting the Complaint, the Clinic will contact the Client and, if necessary, arrange a time for the provision of the health care service (for example, a video call). The agreed times are entered in the calendar on the Health Portal.

2.6 The Clinic provides the health care service to the Client only through the Health Platform by telephone or video call (hereinafter together referred to as Telemedicine). The Clinic provides the following health care services and only to the extent that the Client so wishes and the Clinic offers them if their provision is possible through Telemedicine: (a) conversation with the Client and the compiling and storage of a medical history; (b) diagnostics, treatment planning and making a diagnosis; (c) prescribing treatment; (d) counselling for maintaining and improving health; (e) consulting on work-life balance; (f) recommending medicinal products and writing a prescription; (g) preparation of documents certifying the provision of services and processing of data related to the provision of the health care service to the Client in the health information system; (h) other activities necessary for the visit which are directly related to the provision of the health care service.

2.7 If the Clinic finds it necessary to provide the Client with health care services that are not offered by the Clinic itself (incl. if it is necessary to invite the Client to a reception where the health care professional and the Client are physically present in the same room), then the Clinic will reserve and organise the provision of the necessary health care services for the Client at a Health Care Provider (hereinafter the Partner) that is part of the partner network of the Clinic. If health care is provided by a Partner, a Health Care Service Agreement shall be concluded between the Client and the respective Partner. In such a case, the corresponding terms and conditions of the Health Care Service Agreement apply to the provision of health care by the Partner, and these General Terms and Conditions of Health Care will not apply.

2.8 The Partner may provide, among other things, the following services: (a) specialist medical care and nursing services; (b) examinations, procedures and analyses; (c) laboratory tests; (d) dispensing of prescription drugs.

2.9 If the Client incurs costs related to the provision of the health care service by the Partner, the Clinic shall explain, where the costs are foreseeable, how the costs are incurred. If the Client informs the Clinic that they do not want to receive the health care service from the Partner, the Clinic will not make a corresponding appointment for the Client.

2.10 For each Complaint, the Clinic creates an anamnesis on the Health Platform, into which the health service professional enters the treatment plan created during the provision of the health care service. The Client can get acquainted with all related medical records through the Health Platform.

2.11 If the health care service is provided by video or telephone call, the Client shall ensure that there is no one else present to see and/or hear the video or telephone call. In a situation where a person who sees and/or hears a video or telephone call is present with the Client, the Client consents to the provision of the health care service in the presence of the respective person.

2.12 The Clinic does not provide health care services other than those specified in the section 2.6.

2.13 The Clinic provides the Services in the official language of the country where the Clinic is located or in another language by agreement.

3. Payment for health care services

3.1 The Client shall pay for health care services in accordance with the price list of the Clinic.

3.2 Payment of the fee will be made through VIVEO on the basis of an invoice issued by VIVEO by the deadline and in accordance with the procedure specified in the invoice. The Clinic may also require payment in advance.

3.3 If the health care service is provided by the Partner, the Client shall pay the Partner for the health care service in accordance with the price list of the Partner and the agreement between the Partner and the Client.

3.4 The invoice submitted by VIVEO must be paid to the bank account indicated on the invoice no later than within seven (7) days after the submission of the invoice, unless otherwise stated on the invoice. In case of delay in the fulfilment of the financial obligation, VIVEO will have the right to demand interest on arrears of 0.15% on the unpaid amount per day.

4. Health test

4.1 The Client can perform a health test (hereinafter Test) on the Health Platform, answering various questions regarding the behaviour, illnesses, and other health-related matters of the Client.

4.2 Based on the answers given in the test, VIVEO can provide the Client with advice on making behavioural changes and draw the attention of the Client to possible health problems. VIVEO may provide an assessment of the health behaviour of the Client and reflect it as a graphical percentage. If the Client has additional questions or wishes to take any actions or conclusions based on the results of the Test, the Client is entitled to contact VIVEO.

5. Consent to provide health care service

5.1 The Clinic only provides health care service to the Client with the consent of the Client. By agreeing to the Terms of Use and the General Terms and Conditions of the Health Care Service and by contacting the Clinic in connection with a health concern, the Client shall be deemed to have knowingly consented to receiving the Health Care Service.

5.2 The Client has the right to withdraw his or her consent before or during the provision of the health care service. If the Client withdraws his or her consent during the provision of the health care service and the suspension of the provision of the health care service does not endanger the health of the Client, the provision of the health care service will be terminated. If the suspension endangers the health of the Client, the minimum necessary actions to ensure the safety of the patient shall be performed before the termination of the health care service.

5.3 Withdrawal of consent does not negate the provision of the health care service provided until the withdrawal of consent.

5.4 VIVEO has the right to request the consent of the Client (or application for withdrawal of consent) in writing or in a form that can be reproduced in writing.

5.5 In the case of a Client with limited active legal capacity, the legal representative of the Client (for example, a guardian appointed by the court for an adult with a mental disorder) consents to the provision of health care service, unless the Client is able to responsibly consider the pros and cons of providing the health care service. VIVEO will not follow a decision made by a legal representative that is manifestly prejudicial to the interests of the Client.

5.6 As an exception, VIVEO may provide health care services without the consent of the Client if this arises from applicable legislation.

6. VIVEO’s Obligations

6.1 The Clinic provides health care service to the Client who requests it, provided that: (a) The Client has a health disorder or is at risk thereof; (b) In order to treat the health disorder of the Client, it is necessary to provide health care service to the Client; (c) the necessary health care service is the type that is being provided by the Clinic (the list provided in clause 2.6); (d) The actions and measures requested by the Client (for example, the type of health care service selected) are not in conflict with legislation or the Terms of Use; (e) there are no other grounds for refusing to provide health care services.

6.2 Unless otherwise provided by legislation, when providing health care services, the Clinic shall: (a) obtain the consent of the Client for the provision of the health care service (deemed given – see clause 5.1; (b) inform the Client of the results of the examination and his or her state of health, possible illnesses and their course, the availability, nature and purpose of the necessary health care service, the risks and consequences involved with its provision and other possible health care services. At the request of the Client, the Clinic must submit this information in a form that can be reproduced in writing. The Clinic undertakes not to disclose the above information to the Client if the Client refuses to accept the information and this does not harm the legitimate interests of the Client or other persons; (c) to keep secret information about the Client and his or her state of health that has become known during the provision of the health care service (unless otherwise provided by applicable legislation or if the transfer of personal data is lawful and takes place in accordance with the Privacy Terms and Conditions); (d) properly document the provision of the health care service and keep the relevant documents. The Client has the right to examine these documents and receive transcripts at their own expense; (e) to provide health care services at least at the general level of medical science during the provision of the health care service and to provide the health care service with the care normally expected from a health care provider. If necessary, the Clinic shall refer the Client to a medical specialist or to involve a medical specialist.

7. The obligations of the Client

7.1 The Client shall: (a) disclose to the Clinic, to the best of his or her knowledge, all circumstances necessary for the provision of the health care service (for example, circumstances that may affect his or her current state of health and the provision of health care service, such as unhealthy habits, medicinal products being consumed, and chronic illnesses); (b) disclose to the Clinic, to the best of its knowledge, other information in respect of which the Clinic may reasonably have an interest in providing health care service; (c) to provide the assistance required by the Clinic for the provision of the health care service and the performance of the contract; (d) be ready for the provision of the health care service at the agreed upon time – for example, be ready to make a video call with the Clinic at the agreed upon time. If the Client is not ready for the provision of the health care service at the agreed upon time, the Client shall notify the Clinic at least 12 hours in advance; (e) perform other obligations prescribed for the Client in these General Terms and Conditions.

7.2 The Client is prohibited from: (a) Providing incorrect information; (a) Behaving rudely when using the health care service.

8. Postponement of service provision

8.1 The Clinic has the right to postpone the provision of the Service, if: (a) due to a work organization problem (for example, illness of a health care professional or failure of a medical device), the provision of the health care service is not possible at the prescribed time and the postponement thereof is reasonable in the opinion of the Client considering the condition of the Client; (b) Due to the conflict between the Client and the employee of the Clinic providing the health care service, it is, in the opinion of the Clinic, reasonable to refer the Client to another health care professional; (c) The Client has violated or failed to perform any of the obligations set out in the Terms of Use or the General Terms and Conditions.

8.2 The Clinic will notify the Client of the postponement of the Service as soon as possible and offer a new time for the provision of the health care service as soon as possible.

9. Refusal to provide the Service

9.1 VIVEO and the Clinic have the right to postpone the provision of the Service and/or refuse to enter into an agreement for the provision of health care services or to refuse to provide the Service within the framework of an already concluded legal relationship, if: (a) The Client is not ready for the provision of the health care services at the agreed upon time (for example, not ready for a video call at the agreed time); (b) The Client requests the provision of health care services under conditions that are in conflict with applicable law or these Terms of Use; (c) The Client violates its obligations arising from the orally agreed terms and conditions for the provision of health care services, the Terms of Use, the internal rules of VIVEO and the Clinic, or applicable law (for example, the Client violates the obligation to disclose all circumstances necessary for the provision of health care service or to provide assistance that the Clinic requires for performance of the agreement; (d) The health care service requested by the Client is not medically necessary or indicated based on the state of the health of the Client or its provision may endanger the life or health of an employee of the Clinic or a third party; (e) provision of health care services entails a greater risk to the life and health of the Client compared to the failure to provide health care services; (f) According to its activity license, the Clinic does not have the right to provide the desired health care service to the Client or does not have the professional competence to provide a specific health care service; (g) The employees of the Clinic are unable to communicate with the Client in a language they understand and the Client is unable to involve an interpreter and therefore, it is not possible for the Clinic to obtain the informed consent of the Client for the provision of health care services; (h) The Client is intoxicated with alcohol or drugs during the provision of the health care service or, in the opinion of Clinic employees, the Client exhibits signs of alcohol or drug intoxication; (i) The Client or a person close to him/her treats the Clinic employee rudely or uses verbal or physical violence against them; (j) The Client has violated or failed to perform any of the obligations provided in the General Terms and Conditions or the Terms of Use;

9.2 Refusal or termination of the provision of health care service is described in the medical documents of the Client.

10. Termination of a health care service contract

10.1 The health care service contract expires: (a) termination of the provision of health care services; (b) taking over the provision of health care services by another health service provider; (c) termination of the contract for the provision of health care services; (d) death of the Client; (e) Upon expiration of the Health Platform User Agreement.

10.2 The Client has the right to cancel the health care service contract at any time without giving a reason, unless otherwise provided by applicable law.

10.3 The Clinic has the right to cancel the contract for the provision of health care services for a good reason, as a result of which the Clinic cannot be expected to continue the provision of health care services taking into account all the circumstances. The circumstances specified in clause 12 of the General Terms and Conditions may be considered a good reason. If necessary (for example, if the health care service must be uninterrupted), the Clinic will continue to provide the health care service to the Client until such time as the Client receives the health care service from elsewhere.

11. Liability

11.1 Neither VIVEO nor the Clinic guarantees the improvement of the health of the Client. The clinic provides the health care services in accordance with the general level of medical science during the provision of the health care service, applying the care normally expected from a health care provider when providing health care services.

11.2 Neither VIVEO, the Clinic, nor the health care professional directly providing the health care service will be liable for any wrongful breach of their obligations, in particular for errors in diagnosis and treatments and for the violation of the obligation to inform the Client and obtain his or her consent.

11.3 Neither VIVEO nor the Clinic is responsible for the possible negative consequences of providing health care if the health care meets the general level of medical science, the direct health care provider has informed the Client of the risks involved, and the Client has given consent to receive the health care.

11.4 The Client shall prove the circumstance on which the liability of VIVEO or the Clinic is based, unless the provision of the health care service to the Client has not been properly documented.

11.5 The Clinic will not be liable for any damage incurred by the Client in connection with the provision of health care services at the Partner.

11.6 The Client is responsible for the accuracy of the data entered by him/her in the Health Platform and otherwise submitted to VIVEO and the Clinic. In the case of submission of incorrect data, VIVEO or the Clinic has the right to demand compensation from the Client for the damages caused thereby.

11.7 Neither VIVEO nor the Clinic will be liable for any damage that has occurred or will occur to the Client or third parties in connection with the use of legal remedies by VIVEO or the Clinic.

12. Submitting a complaint and giving feedback

12.1 If the Client is not satisfied with the provided health care service, the Client may submit a complaint (or other proposal) regarding the activities of VIVEO or the Clinic by e-mail to info@viveohealth.com.

12.2 VIVEO or the Clinic will respond to the claim no later than within five (5) working days from the receipt of the claim. The reply will be sent to the e-mail or regular mail address provided by the Client. VIVEO and the Clinic will not respond to anonymous claims or claims stating that a response is not requested.

12.3 The Client also has the right to turn to body settling extra-judicial complaints or a court.

12.4 If the Client wishes to provide feedback to VIVEO or the Clinic, this can be done through the Health Platform. The Client is not allowed to provide health data as part of the feedback.

13. Links to Third Party Sites

13.1 The portal may contain links to applications or websites belonging to other parties (hereinafter: Third Party Sites). Third Party Sites may be subject to different terms and conditions than the Terms of Use and the General Terms and Conditions, the implementation of which cannot be verified by VIVEO. VIVEO is not responsible for the content of Third Party Sites and the terms and conditions applicable therein. The Client shall familiarise himself or herself with the terms and conditions applicable on Third Party Sites.

14. Applicable legislation and the settlement of disputes

14.1 The law of the country in which VIVEO or the Clinic is located applies to the Terms of Use, the legal relations, and disputes arising therefrom.

14.2 Disputes arising between VIVEO and the Client on the basis of the Terms of Use will be resolved in good faith through negotiations. If it is impossible to resolve the dispute in this way, jurisdiction is applied in accordance with the regulations of VIVEO or the legislation of the country in which the Clinic is located.

Terms and conditions of use for a Clinic

1. Purpose of the Terms and Conditions

1.1 These terms and conditions of use for a Clinic (hereinafter the terms and conditions of use) define the terms and conditions on the basis of which health care providers can use the VIVEO Health Care solution www.viveohealth.com and VIVEO Health smartphone application (hereinafter the platform, together as the health care platform) for providing health care services to the Clients of the health care platform.

1.2 In order to provide a heath care service via the health care platform, the heath care provider must subscribe to the health care platform.

1.3 For subscribing to the health care platform, the health care provider must accept the terms and conditions of use, general terms and conditions of providing health care services (hereinafter the general terms and conditions), and the privacy policy, which will create a legally binding contract for using the health care platform between VIVEO and the health care provider, based on which the health care provider will hereinafter be referred to as the Clinic.

1.4 The general terms and conditions for providing health care services apply to the relationship between the Clinic and the Client of the health care platform from the moment of the Client, having subscribed to the health care platform, selects a suitable Clinic from the list of Clinics providing the health care service via the health care platform and starts using the services of the Clinic.

1.5 Clauses 1.1–8.6 are applicable to the terms and conditions of use.

2. Definitions

2.1 VIVEO means VIVEO Health India Private Limited (registry code U72900MH2020FTC347036, address O-1101 Bhoomi Park Phase 3 Bafhira Nagar, Malwani NR Fire Brigade Malad (W), Mumbai, Mumbai City, Maharashtra, India, 400095, e-mail india@viveohealth.com), which is the administrator and owner of the health care platform and provides the health care platform service to the Clinic on the basis of these terms and conditions of use.

2.2 The health care platform is a convenient solution for providing and using health care services on the viveohealth.com website and via a smartphone application.

2.3 The Clinicis a health care provider which is providing a health care services to the Clients of the health care platform via the health care platform. The Clinic may be a company or a private physician. VIVEO may also be the Clinic, if the Client has selected a physician of VIVEO as their health care provider, but this situation is not regulated by these terms and conditions of use.

2.4 A Clientof the health care platform or a Client is a natural or legal person who is using the health care platform for providing a health care service.

2.5 Services are health care services which are provided by the Clinicvia the health care platform and which a Client can purchase via the health care platform.

2.6 A partner Clinicis a health care provider to which the Clinic may refer a Client if the health care service requested by the Client is not provided by the Clinic.

2.7 A contract for use is a contract concluded by VIVEO and the Clinic for using the health care platform and which includes these terms and conditions of use.

2.8 A contract for health care services is a contract concluded by the Clinic and a Client for providing and using health care services via the health care platform.

2.9 The privacy policymeans stringent terms and conditions for processing personal data which have been established on the basis of GDPR and the legislation of the country where the service is being provided based on which VIVEO and the Clinic process the personal data of Client By subscribing to the health care solution and accepting the privacy policy, the Clinic confirms that they will be observing all the rules established by the privacy policy and the obligations laid down by VIVEO in processing the personal data of Clients. These definitions are applicable to the contract for use, as well as to the general terms and conditions of providing health care services.

3. Health care platform service

3.1 By using the health care platform, the Clinic will be able to provide health care services via the health care platform to the Clients of the health care platform.

3.2 The health care service will be provided by the Clinic which is selected by the Client of the health care service from the health care platform and which is providing the service required by the Client.

3.3 The health care service will be provided by the Clinic to the Client based on the contract for health care services the general terms and conditions of which are accepted by the Clinic and the Client upon subscription to the health care platform.

3.4 The contract for health care services will be deemed to have been concluded between the Client and the Clinic based on the general terms and conditions from the moment of the Client commencing to use the service of the Clinic selected by them. The Client may conclude contracts for health care services with several Clinics via the health care platform.

4. Health care platform 


4.1 In order to access the health care platform and provide health care services via the platform, the Clinic must register a user account and accept the terms and conditions of use, general terms and conditions, and the privacy policy.

4.2 If the Clinic refuses to accept the terms and conditions referred to in clause 4.1, they cannot use the health care platform.

4.3 By opening an account on the health care platform, the Clinic confirms that the data submitted by them upon opening the account are true, complete, and accurate, that they hold an activity licence issued by a competent body of the country in which they are providing health care services, that they are compliant with all requirements for health care providers established by legislation, that their reputation is good, and that they are operating professionally. The afore-mentioned information will be assumed to be accurate and VIVEO will not be required to verify this information. The Clinic also confirms that they will be processing the personal data of Clients in compliance with the privacy policy and that they consent to the processing of their personal data and the personal data of their employees based on the privacy policy for the purpose of providing services to the Clients.

4.4 A Clinic may only use the health care platform for providing health care services and must refrain from misuse of the health care platform. Upon accessing the health care platform for the first time, the Client must check whether the health care platform meets their needs.

4.5 A Clinic must use the health care platform in compliance with the terms and conditions of use and the guidelines published in the health care portal.

4.6 A Clinic must ensure the confidentiality of their user name and passwords for using the health care portal and immediately notify VIVEO of any access of unauthorised individuals to the user name and passwords.

4.7 VIVEO may make amendments to the terms and conditions of use by giving at least 14 days of advance notice thereof via the health care portal or the viveohealth.com website. In the event of the amendments not being acceptable for the Clinic, the Clinic may cancel the contract for use by e-mailing a written notice to info@viveohealth.com or by closing their user account. If a Clinic continues to use the health care platform after entry into force of the amendments, the Clinic will be deemed to have accepted the amendments to the terms and conditions of use.

4.8 Some of the clauses of the general terms and conditions or the terms and conditions of use being found to be invalid will not have an effect on the validity of the remaining clauses of the terms and conditions of use.

4.9 VIVEO will enable the Clinic to use the platform in its current functionality and will not undertake any obligations to amend or develop the platform.

4.10 VIVEO may make amendments to optimise or develop the health care platform by notifying the Clinic thereof in a timely manner, if making such amendments will cause interruptions in the functioning of the health care platform.

4.11 The health care platform is accessible 24/7.

4.12 The help desk can be contacted by sending an e-mail to the following address: support@viveohealth.com

4.13 VIVEO will respond to the questions of the Clinic within a reasonable period of time, but cannot always ensure that an acceptable response will be provided to the Clinic.

4.14 VIVEO will attempt to eliminate all failures of the health care platform as soon as possible, but cannot guarantee immediate elimination of such failures which have not been caused by VIVEO.

4.15 As an exception, VIVEO may restrict access to the health care platform for up to 30 minutes if this restriction is required for maintenance, development, or updating the platform. In the event of restricting access for a longer period of time, advance notice is given. VIVEO will not be responsible for any delays, failures, or content which arise from updates to the health care platform or for other delays, failures, or content.

4.16 The Clinic may not use the health care platform or the rights established by the terms and conditions of use for committing any offences or in any other manner which is in conflict with the terms and conditions of use, the applicable legislation, or with the principles of morality or good practice, or submit in the health care platform any malware, etc., or use the health care platform in any other manner which interrupts or deteriorates normal functioning of the health care platform.

4.17 VIVEO will not ensure permanent availability of the health care platform. VIVEO will not guarantee the compatibility of the health care platform with the software and/or hardware used by the Clinic or the Clinic being always free from any errors or malware.

4.18 VIVEO may restrict, cancel, or suspend the access of the Clinic to the health care platform if the terms and conditions of use or the general terms and conditions give grounds for refusing to provide the health care service.

5. Intellectual property

5.1 Copyright for the Health Platform and other services provided by VIVEO, all works found within and related works, including supporting software, tools, specifications, manuals, domains, trade marks, business names, text, database elements, and graphics, belongs to VIVEO. The Clinic is not entitled to the VIVEO trademarks and may not disclose that it is the owner or licensee of the VIVEO trade marks.

5.2 Neither the Clinic, nor any third party will have the right to reproduce, copy, distribute, modify, transmit, translate, incorporate into other databases, produce extracts, etc., of the Health Platform, its components and the aforementioned copyright objects and the components thereof in any way, without the prior written consent of VIVEO.

5.3 VIVEO grants the Clinic a non-exclusive, non-transferable, limited license to use the functionality of the Health Platform solely for the purposes of the health care service and in accordance with the Terms of Use. The Clinic is prohibited from sharing the data and content of the Services with the competitors of VIVEO, from using the intellectual property rights of VIVEO for its own business activity, or from granting access to those rights to any third parties for the purposes of their business activity.

5.4 If the Health Platform contains references or links to websites belonging to third parties, VIVEO will not be responsible for them, as it has no control over them.

6. Confidentiality and processing of personal data

6.1 VIVEO and the Clinic will ensure the confidentiality of the data of the health care platform.

6.2 VIVEO cannot ensure the confidentiality of the data provided by the Clinic via the health care platform in a situation in which the confidentiality obligation may be violated by a cooperation partner of the Clinic outside of the health care platform. VIVEO will not be responsible for the cooperation partner of the Clinic.

6.3 VIVEO and the Clinic must ensure the processing of the personal data of Clients in the health care portal pursuant to the privacy policy and maintain the confidentiality of the data.

6.4 The Clinic must process the personal data of Clients in compliance with the privacy policy, which forms an integral part of the contract for use, by complying with all of the assurances and obligations of VIVEO specified in the privacy policy.

6.5 The Clinic must also comply with all of the data protection-related rules and regulations of VIVEO in processing the personal data of Clients.

7. Fee

7.1 VIVEO has the right to set a fee for the use of the Health Platform and to change that fee.

7.2 If using the Health Platform is a paid service or the fee changes, VIVEO shall notify the Clinic when creating a Health Platform user account, when the Health Platform becomes a paid service, or when the fee changes, via the Health Portal or the website viveohealth.com. In the event of a disagreement regarding the fee, the Clinic will have the right not to conclude the User Agreement or to cancel the User Agreement from the moment of entry into force of the fee by notifying VIVEO in writing or closing its user account.

7.3 Payment of the fee is due by the deadline and in accordance with the procedure set forth in the invoice or payment notice submitted by VIVEO.

7.4 In case of late payment, VIVEO has the right to demand interest on arrears of 0.15% of the unpaid amount and to cancel the User Agreement without prior notice, whereby the Health Care Service Agreement will also be deemed to have been terminated.

8. Liability of VIVEO

8.1 VIVEO will not be liable for damages or other consequences arising from the following: 8.1.1 The Health Platform is not operating or does not function properly in some web browsers; 8.1.2 Errors and faults occur in the equipment, systems, or web connection of the Clinic or third parties; 8.1.3 The password to the account of the Clinic falling into the hands of third parties; 8.1.4 The processing of personal data by the Clinic or third parties; 8.1.5 Provision of Health Care Service by the Clinic or its Partner; 8.1.6 Disputes and disagreements between the Clinic and the Client; 8.1.7 Amendments to legislation and their interpretation, the reflection of changes in the Health Platform, and the impact thereof on the Clinic or the Client; 8.1.8 Delays, interruptions or failures due to maintenance or development work; 8.1.9 Force Majeure and other errors or disruptions that are beyond the control of VIVEO and hinder the use of the Health Platform or Services;

9. Termination of the contract for use

9.1 The Clinic may terminate the contract for use by giving at least 30 days of advance notice thereof.

9.2 The Clinic may not terminate the contract for use if a Client has made a booking for using the health care service of the Clinic via the health care portal and the service has not yet been provided to the Client or provision of the service has not been completed.

9.3 The Clinic must provide at least 30 days of advance notice of ceasing to use the health care platform by sending an e-mail to the following address: support@viveohealth.com. VIVEO will check that the Clinic has not booked any consults with Clients or agreed to provide services to the Clients in the future. If there are no bookings, VIVEO will terminate the contract for use as soon as possible, close the user account of the Client, and notify the Clinic thereof. If the Clinic has booked a consult for a Client or agreed on providing another service via the health care portal, VIVEO will not terminate the contract for use until at least one day after the date of the last consult booked by the Clinic when all booked consults and services have been provided by the Clinic to the Client. The Clinic must provide all agreed services to the Client after filing an application for ceasing to use the health care platform.

9.4 VIVEO may terminate the contract for use by giving the Client at least 30 days of advance notice thereof via the health care platform or by-mail.

9.5 VIVEO may terminate the contract for use without giving advance notice if the Client has provided incorrect data, uses the health care platform for purposes other than using health care services, violates the contract for use or the contract for provision of health care services or the guidelines or rules of the health care platform, has disclosed the data or password of the health care platform to a third party, behaves impolitely or unprofessionally, fails to pay for the services, provides information or photos which are not related to health care services via the health care platform, or damages the reputation of VIVEO.

9.6 VIVEO may terminate the contract for use without advance notice if the Clinic does not hold a permit for providing the health care service in the country in which they are providing the service or upon expiry of the permit, in the event of the Clinic violating legal requirements or orders from competent bodies, providing the service unprofessionally, giving ambiguous or incorrect instructions to the Clients, fails to observe the generally accepted principles or good practice of medicine, or lacks the equipment or network required for providing remote medical services, or in the event of repeated complaints of Clients about the Clinic.

9.7 Any disputes arising based on the health care service and the contract for use will be settled by the Clinic and the Client based on the legislation of the country of location and in the courts of the country of location. VIVEO will not take part in settling the disputes between the Clinic and the Client, unless they are a party to the respective contract for provision of health care services, i.e., providing the health care service to the Client as a Clinic.

General Terms and Conditions of the Health Care Service

1. Health Care Service Agreement

1.1 The Parties to the Health Care Service Agreement are the Clinic and the Client.

1.2 The Clinic is VIVEO or a Partner Clinic or a private doctor that provides health care services to the Client. VIVEO may also be the Clinic, if the Client has selected a physician of VIVEO as their health care provider. If the Client has not requested to use the VIVEO health care service, then VIVEO will only act as the owner and administrator of the Health Platform and will not act as a Clinic.

1.3 The General Terms and Conditions of the Health Care Service (hereinafter the General Terms and Conditions) apply to the Health Care Service Agreement.

1.4 In the course of providing health care services, the Clinic will process personal data based on the privacy policy and pursuant to the GDPR and the legislation applicable in the country of location of the Clinic.

1.5 The Health Care Service Agreement is concluded between the Client and the Clinic once the Client has selected a health care provider – either VIVEO or a the Clinic – on the Health Platform, after concluding the user agreement and having contacted the representative of the Clinic, doctor, or other medical service provider, and the Clinic has started providing Health Care Services to the Client (hereinafter Services).

1.6 The Client use the Health Platform to contact the Clinic via chat or video call or other telemedicine telecommunications medium.

2. Provision of Health Care Service

2.1 The Client has the right to visit the Clinic selected from the Health Platform with a health problem and to use health care services to the extent and in accordance with the procedure provided for in the General Terms and Conditions.

2.2 In order to use the Health Care Service, the Client must submit a complaint to the Clinic regarding health concerns and describe the health problem (hereinafter Complaint). Complaints can be submitted to VIVEO through the Health Platform.

2.3 The Clinic is represented by a doctor or other health service professional whose contact information, details, and activity licence are displayed in the Health Platform.

2.4 In order to submit a complaint, the Client must: (a) log in to the Health Platform and identify himself or herself; (b) submit the Complaint to the Clinic via the Health Platform in writing and, if desired, attach relevant files (for example, a picture of the complaint) to the Complaint. (c) submit the Complaint orally, via a video call, or other telecommunications medium.

2.5 After submitting the Complaint, the Clinic will contact the Client and, if necessary, arrange a time for the provision of the health care service (for example, a video call). The agreed times are entered in the calendar on the Health Portal.

2.6 The Clinic provides the health care service to the Client only through the Health Platform by telephone or video call (hereinafter together referred to as Telemedicine). The Clinic provides the following health care services and only to the extent that the Client so wishes and the Clinic offers them if their provision is possible through Telemedicine: (a) conversation with the Client and the compiling and storage of a medical history; (b) diagnostics, treatment planning and making a diagnosis; (c) prescribing treatment; (d) counselling for maintaining and improving health; (e) consulting on work-life balance; (f) recommending medicinal products and writing a prescription; (g) preparation of documents certifying the provision of services and processing of data related to the provision of the health care service to the Client in the health information system; (h) other activities necessary for the visit which are directly related to the provision of the health care service.

2.7 If the Clinic finds it necessary to provide the Client with health care services that are not offered by the Clinic itself (incl. if it is necessary to invite the Client to a reception where the health care professional and the Client are physically present in the same room), then the Clinic will reserve and organise the provision of the necessary health care services for the Client at a Health Care Provider (hereinafter the Partner) that is part of the partner network of the Clinic. If health care is provided by a Partner, a Health Care Service Agreement shall be concluded between the Client and the respective Partner. In such a case, the corresponding terms and conditions of the Health Care Service Agreement apply to the provision of health care by the Partner, and these General Terms and Conditions of Health Care will not apply.

2.8 The Partner may provide, among other things, the following services: (a) specialist medical care and nursing services; (b) examinations, procedures and analyses; (c) laboratory tests; (d) dispensing of prescription drugs.

2.9 If the Client incurs costs related to the provision of the health care service by the Partner, the Clinic shall explain, where the costs are foreseeable, how the costs are incurred. If the Client informs the Clinic that they do not want to receive the health care service from the Partner, the Clinic will not make a corresponding appointment for the Client.

2.10 For each Complaint, the Clinic creates an anamnesis on the Health Platform, into which the health service professional enters the treatment plan created during the provision of the health care service. The Client can get acquainted with all related medical records through the Health Platform.

2.11 If the health care service is provided by video or telephone call, the Client shall ensure that there is no one else present to see and/or hear the video or telephone call. In a situation where a person who sees and/or hears a video or telephone call is present with the Client, the Client consents to the provision of the health care service in the presence of the respective person.

2.12 The Clinic does not provide health care services other than those specified in the section 2.6.

2.13 The Clinic provides the Services in the official language of the country where the Clinic is located or in another language by agreement.

3. Payment for health care services

3.1 The Client shall pay for health care services in accordance with the price list of the Clinic.

3.2 Payment of the fee will be made through VIVEO on the basis of an invoice issued by VIVEO by the deadline and in accordance with the procedure specified in the invoice. The Clinic may also require payment in advance.

3.3 If the health care service is provided by the Partner, the Client shall pay the Partner for the health care service in accordance with the price list of the Partner and the agreement between the Partner and the Client.

3.4 The invoice submitted by VIVEO must be paid to the bank account indicated on the invoice no later than within seven (7) days after the submission of the invoice, unless otherwise stated on the invoice. In case of delay in the fulfilment of the financial obligation, VIVEO will have the right to demand interest on arrears of 0.15% on the unpaid amount per day.

4. Health test

4.1 The Client can perform a health test (hereinafter Test) on the Health Platform, answering various questions regarding the behaviour, illnesses, and other health-related matters of the Client.

4.2 Based on the answers given in the test, VIVEO can provide the Client with advice on making behavioural changes and draw the attention of the Client to possible health problems. VIVEO may provide an assessment of the health behaviour of the Client and reflect it as a graphical percentage. If the Client has additional questions or wishes to take any actions or conclusions based on the results of the Test, the Client is entitled to contact VIVEO.

5. Consent to provide health care service

5.1 The Clinic only provides health care service to the Client with the consent of the Client. By agreeing to the Terms of Use and the General Terms and Conditions of the Health Care Service and by contacting the Clinic in connection with a health concern, the Client shall be deemed to have knowingly consented to receiving the Health Care Service.

5.2 The Client has the right to withdraw his or her consent before or during the provision of the health care service. If the Client withdraws his or her consent during the provision of the health care service and the suspension of the provision of the health care service does not endanger the health of the Client, the provision of the health care service will be terminated. If the suspension endangers the health of the Client, the minimum necessary actions to ensure the safety of the patient shall be performed before the termination of the health care service.

5.3 Withdrawal of consent does not negate the provision of the health care service provided until the withdrawal of consent.

5.4 VIVEO has the right to request the consent of the Client (or application for withdrawal of consent) in writing or in a form that can be reproduced in writing.

5.5 In the case of a Client with limited active legal capacity, the legal representative of the Client (for example, a guardian appointed by the court for an adult with a mental disorder) consents to the provision of health care service, unless the Client is able to responsibly consider the pros and cons of providing the health care service. VIVEO will not follow a decision made by a legal representative that is manifestly prejudicial to the interests of the Client.

5.6 As an exception, VIVEO may provide health care services without the consent of the Client if this arises from applicable legislation.

6. VIVEO’s Obligations

6.1 The Clinic provides health care service to the Client who requests it, provided that: (a) The Client has a health disorder or is at risk thereof; (b) In order to treat the health disorder of the Client, it is necessary to provide health care service to the Client; (c) the necessary health care service is the type that is being provided by the Clinic (the list provided in clause 2.6); (d) The actions and measures requested by the Client (for example, the type of health care service selected) are not in conflict with legislation or the Terms of Use; (e) there are no other grounds for refusing to provide health care services.

6.2 Unless otherwise provided by legislation, when providing health care services, the Clinic shall: (a) obtain the consent of the Client for the provision of the health care service (deemed given – see clause 5.1; (b) inform the Client of the results of the examination and his or her state of health, possible illnesses and their course, the availability, nature and purpose of the necessary health care service, the risks and consequences involved with its provision and other possible health care services. At the request of the Client, the Clinic must submit this information in a form that can be reproduced in writing. The Clinic undertakes not to disclose the above information to the Client if the Client refuses to accept the information and this does not harm the legitimate interests of the Client or other persons; (c) to keep secret information about the Client and his or her state of health that has become known during the provision of the health care service (unless otherwise provided by applicable legislation or if the transfer of personal data is lawful and takes place in accordance with the Privacy Terms and Conditions); (d) properly document the provision of the health care service and keep the relevant documents. The Client has the right to examine these documents and receive transcripts at their own expense; (e) to provide health care services at least at the general level of medical science during the provision of the health care service and to provide the health care service with the care normally expected from a health care provider. If necessary, the Clinic shall refer the Client to a medical specialist or to involve a medical specialist.

7. The obligations of the Client

7.1 The Client shall: (a) disclose to the Clinic, to the best of his or her knowledge, all circumstances necessary for the provision of the health care service (for example, circumstances that may affect his or her current state of health and the provision of health care service, such as unhealthy habits, medicinal products being consumed, and chronic illnesses); (b) disclose to the Clinic, to the best of its knowledge, other information in respect of which the Clinic may reasonably have an interest in providing health care service; (c) to provide the assistance required by the Clinic for the provision of the health care service and the performance of the contract; (d) be ready for the provision of the health care service at the agreed upon time – for example, be ready to make a video call with the Clinic at the agreed upon time. If the Client is not ready for the provision of the health care service at the agreed upon time, the Client shall notify the Clinic at least 12 hours in advance; (e) perform other obligations prescribed for the Client in these General Terms and Conditions.

7.2 The Client is prohibited from: (a) Providing incorrect information; (b) Behaving rudely when using the health care service.

8. Postponement of service provision

8.1 The Clinic has the right to postpone the provision of the Service, if: (a) due to a work organization problem (for example, illness of a health care professional or failure of a medical device), the provision of the health care service is not possible at the prescribed time and the postponement thereof is reasonable in the opinion of the Client considering the condition of the Client; (b) Due to the conflict between the Client and the employee of the Clinic providing the health care service, it is, in the opinion of the Clinic, reasonable to refer the Client to another health care professional; (c) The Client has violated or failed to perform any of the obligations set out in the Terms of Use or the General Terms and Conditions.

8.2 The Clinic will notify the Client of the postponement of the Service as soon as possible and offer a new time for the provision of the health care service as soon as possible.

9. Refusal to provide the Service

9.1 VIVEO and the Clinic have the right to postpone the provision of the Service and/or refuse to enter into an agreement for the provision of health care services or to refuse to provide the Service within the framework of an already concluded legal relationship, if: (a) The Client is not ready for the provision of the health care services at the agreed upon time (for example, not ready for a video call at the agreed time); (b) The Client requests the provision of health care services under conditions that are in conflict with applicable law or these Terms of Use; (c) The Client violates its obligations arising from the orally agreed terms and conditions for the provision of health care services, the Terms of Use, the internal rules of VIVEO and the Clinic, or applicable law (for example, the Client violates the obligation to disclose all circumstances necessary for the provision of health care service or to provide assistance that the Clinic requires for performance of the agreement; (d) The health care service requested by the Client is not medically necessary or indicated based on the state of the health of the Client or its provision may endanger the life or health of an employee of the Clinic or a third party; (e) provision of health care services entails a greater risk to the life and health of the Client compared to the failure to provide health care services; (f) According to its activity license, the Clinic does not have the right to provide the desired health care service to the Client or does not have the professional competence to provide a specific health care service; (g) The employees of the Clinic are unable to communicate with the Client in a language they understand and the Client is unable to involve an interpreter and therefore, it is not possible for the Clinic to obtain the informed consent of the Client for the provision of health care services; (h) The Client is intoxicated with alcohol or drugs during the provision of the health care service or, in the opinion of Clinic employees, the Client exhibits signs of alcohol or drug intoxication; (i) The Client or a person close to him/her treats the Clinic employee rudely or uses verbal or physical violence against them; (j) The Client has violated or failed to perform any of the obligations provided in the General Terms and Conditions or the Terms of Use;

9.2 Refusal or termination of the provision of health care service is described in the medical documents of the Client.

10. Termination of a health care service contract

10.1 The health care service contract expires: (a) termination of the provision of health care services; (b) taking over the provision of health care services by another health service provider; (c) termination of the contract for the provision of health care services; (d) death of the Client; (e) Upon expiration of the Health Platform User Agreement.

10.2 The Client has the right to cancel the health care service contract at any time without giving a reason, unless otherwise provided by applicable law.

10.3 The Clinic has the right to cancel the contract for the provision of health care services for a good reason, as a result of which the Clinic cannot be expected to continue the provision of health care services taking into account all the circumstances. The circumstances specified in clause 12 of the General Terms and Conditions may be considered a good reason. If necessary (for example, if the health care service must be uninterrupted), the Clinic will continue to provide the health care service to the Client until such time as the Client receives the health care service from elsewhere.

11. Liability

11.1 Neither VIVEO nor the Clinic guarantees the improvement of the health of the Client. The Clinic provides the health care services in accordance with the general level of medical science during the provision of the health care service, applying the care normally expected from a health care provider when providing health care services.

11.2 Neither VIVEO, the Clinic, nor the health care professional directly providing the health care service will be liable for any wrongful breach of their obligations, in particular for errors in diagnosis and treatments and for the violation of the obligation to inform the Client and obtain his or her consent.

11.3 Neither VIVEO nor the Clinic is responsible for the possible negative consequences of providing health care if the health care meets the general level of medical science, the direct health care provider has informed the Client of the risks involved, and the Client has given consent to receive the health care.

11.4 The Client shall prove the circumstance on which the liability of VIVEO or the Clinic is based, unless the provision of the health care service to the Client has not been properly documented.

11.5 The Clinic will not be liable for any damage incurred by the Client in connection with the provision of health care services at the Partner.

11.6 The Client is responsible for the accuracy of the data entered by him/her in the Health Platform and otherwise submitted to VIVEO and the Clinic. In the case of submission of incorrect data, VIVEO or the Clinic has the right to demand compensation from the Client for the damages caused thereby.

11.7 Neither VIVEO nor the Clinic will be liable for any damage that has occurred or will occur to the Client or third parties in connection with the use of legal remedies by VIVEO or the Clinic.

12. Submitting a complaint and giving feedback

12.1 If the Client is not satisfied with the provided health care service, the Client may submit a complaint (or other proposal) regarding the activities of VIVEO or the Clinic by e-mail to info@viveohealth.com.

12.2 VIVEO or the Clinic will respond to the claim no later than within five (5) working days from the receipt of the claim. The reply will be sent to the e-mail or regular mail address provided by the Client. VIVEO and the Clinic will not respond to anonymous claims or claims stating that a response is not requested.

12.3 The Client also has the right to turn to body settling extra-judicial complaints or a court.

12.4 If the Client wishes to provide feedback to VIVEO or the Clinic, this can be done through the Health Platform. The Client is not allowed to provide health data as part of the feedback.

13. Links to Third Party Sites

13.1 The portal may contain links to applications or websites belonging to other parties (hereinafter: Third Party Sites). Third Party Sites may be subject to different terms and conditions than the Terms of Use and the General Terms and Conditions, the implementation of which cannot be verified by VIVEO. VIVEO is not responsible for the content of Third Party Sites and the terms and conditions applicable therein. The Client shall familiarise himself or herself with the terms and conditions applicable on Third Party Sites.

14. Applicable legislation and the settlement of disputes

14.1 The law of the country in which VIVEO or the Clinic is located applies to the Terms of Use, the legal relations, and disputes arising therefrom.

14.2 Disputes arising between VIVEO and the Client on the basis of the Terms of Use will be resolved in good faith through negotiations.

14.3 Any disputes arising based on the health care service and the contract for use will be settled by the Clinic and the Client based on the legislation of the country of location and in the courts of the country of location. VIVEO will not take part in settling the disputes between the Clinic and the Client, unless they are a party to the respective contract for provision of health care services, i.e., providing the health care service to the Client as a Clinic.

Personal Data Processing Agreement (DPA)

1. Personal Data Processing Agreement (DPA)

1.1 VIVEO (VIVEO Health India Private Limited (registry code U72900MH2020FTC347036, address O-1101 Bhoomi Park Phase 3 Bafhira Nagar, Malwani NR Fire Brigade Malad (W), Mumbai, Mumbai City, Maharashtra, India, 400095, e-mail india@viveohealth.com) is the Data Controller of personal data of the data processing necessary for the management of the Accounts of the Clients of the Platform (hereinafter Clinic) and for the collection of data on the activity of the use of the health care services on the VIVEO Health Care solution www.viveohealth.com and VIVEO Health smartphone application (hereinafter the Health Platform or a Platform).

1.2 VIVEO provides the platform to the Clinics and private physicians (hereinafter the Clinic) based on Terms and Conditions of use for a Clinic (hereinafter Terms and conditions). 3. VIVEO processes any personal data on behalf of the Clinic solely to provide the Platform and acts as a Data processor as regards such personal data, whereas the Clinic acts as a Data Controller. VIVEO is a processor for data of health care services. 

1.3 VIVEO processes any personal data on behalf of the Clinic solely to provide the Platform and acts as a Data processor as regards such personal data, whereas the Clinic acts as a Data Controller. VIVEO is a processor for data of health care services. 

1.4 VIVEO processes on behalf of the Data Controller the following personal data as a processor for the following reasons: 1.4.1 Identification of the Data Subject; 1.4.2 Checking the accuracy, consistency and completeness of personal data; 1.4.3 The provision of healthcare services to the Data Subject via the VIVEO Health Platform; 1.4.4 Communication with the Data Subject, including for video consultations and telemedicine, for the provision of healthcare and other purposes provided for in the Privacy terms and conditions; 1.4.5 The disclosure of personal data to a Partner Clinic or other health care provider conducting health research and analysis and payment for the corresponding service; 1.4.6 To provide health care services and enable the use of the Health Platform so that Data Subjects could use the health care services by Clinics via the Platform; 1.4.7 To ask for feedback from the Data Subject, responding to it and to improve and analyse the Service; 1.4.8 To fulfil the obligations and exercise the rights arising from legislation and to ensure the economic activities of VIVEO; 1.4.9 To fulfil the obligations of VIVEO and exercise the rights provided for by legislation and the agreement concluded with the Data Subject. 1.4.10 VIVEO only send direct marketing offers based on the Data Subjects consent, which can be withdrawn. Consent may be granted upon entry into the contract.

1.5 The Clinic as a data controller is fully responsible for any personal data it processes on the Platform. The Clinic confirms that its personal data processing practices are fully compliant with the data protection laws, including that it has a legal basis to process the personal data as stipulated herein and that it has properly informed the data subjects thereof. 

1.6 The Clinic and VIVEO wish to duly observe all their respective obligations under the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons about the processing of personal data and the free moVIVEOement of such data (GDPR), the principles of the Indian Information Technology Act, 2000 and rules notified thereunder largely govern data protection in India, the HIPAA regulation (if it is valid at the place of service) and the applicable strong security requirements for information systems and any other relevant applicable data protection regulations (together Data Protection Laws). The terms "controller", "processor", "personal data", "data subject", "personal data breach" shall have the meaning given in the GDPR. "Sub-processor" shall mean another processor engaged by VIVEO to process the personal data.

1.7 VIVEO shall: (i) process the personal data only on lawful documented instructions from the Clinic and to provide the Platform and the services unless required to do so by the Data Protection Laws. In such case, VIVEO shall inform the Clinic of such requirement in advance, unless that law prohibits providing such information; (ii) ensure that persons authorised to process the personal data have committed themselves to confidentiality; (iii) taking into account the nature of processing and the information available to VIVEO, assist the Clinic in ensuring compliance with the Clinic’s obligations under Articles 32 to 36 of the GDPR; (iv) VIVEO) inform the Clinic if, in Clinic opinion, the Clinic’s instruction infringes the Data Protection Laws.

1.8 Clinic takes appropriate technical and organisational security measures taking into account (i) the state of the art, (ii) costs of implementation, (iii) nature, scope context and purposes of the processing, and (iv) risks posed to data subjects. Such security measures include, but are not limited to, encrypted transfer, storage and access controls. In deciding on those measures, VIVEO assumes that the Platform and services are used for its intended purposes (online data exchange environment). 

1.9 VIVEO shall promptly notify Clinic of any facts known to VIVEO concerning any accidental or unauthorised disclosure or use, or accidental or unauthorised loss, damage or destruction of personal data by any current or former employee, contractor or agent of VIVEO or by any other person or third party. VIVEO shall cooperate fully with the Clinic to limit the unauthorised disclosure or use, seek the return of any personal data, and assist in providing notice if requested by the Clinic.

1.10 If Clinic intends to engage Sub-processors to help it satisfy its obligations in accordance with Terms and conditions of use for a Clinic or to delegate all or part of the processing activities to such Sub-processors, VIVEO must (i) keep an exclusive of the list of Sub-processors VIVEO maintains online and in case of Clinic objects to the use of specific Sub-processor start negotiations to find a suitable solution for both sides. The Sub-processors list is updated at least 10 days before engagement of the new Sub-processor and must be objected by Clinic 5 days before engagement to be valid (ii) remain liable to Clinic for the Sub-processors' acts and omissions with concerning to data protection where such Sub-processors act on VIVEO’s instructions; and (iii) enter into contractual arrangements with such Sub-processors binding them to provide the same level of data protection and information security to that provided for in Terms and conditions.

1.11 VIVEO and its sub-processors may transfer personal data outside the EU/EEA only where they have a lawful basis to do so, including to a recipient who is: (i) in a country which provides an adequate level of protection for personal data; or (ii) under an instrument which covers the EU requirements for the transfer of personal data to data processors outside the EU/EEA. Such transfer will only be carried out with encrypted data not accessible to any third parties. 

1.12 VIVEO shall assist the Clinic by appropriate technical and organisational measures, insofar as this is possible, for the fulfilment of the Clinic’s obligation to respond to requests for exercising the data subject’s rights under the Data Protection Laws. Taking into account the nature of processing and the information available to VIVEO, VIVEO shall assist the Clinic in ensuring compliance with obligations under Data Protection Laws that are relevant to the data processing subject to Terms and conditions, including notifications to a supervisory authority or data subjects, the process of undertaking a data protection impact assessment, and with prior consultations with supervisory authorities.

1.13 Upon the Clinic written request, VIVEO shall make available to the Clinic the information necessary to demonstrate its compliance with the obligations laid down in this section herein and in Article 28 of the GDPR, provided the requested information is in VIVEO’s possession or control. Should that provide to be insufficient for the Clinic, VIVEO shall cooperate with the Clinic, including allowing for and contributing to reasonable audits, including inspections, conducted by the Clinic or another auditor mandated by the Clinic and accepted by VIVEO. The details of such audits and inspections shall be agreed between the Clinic and VIVEO, however, the following applies: 13.1. VIVEO will only be required to provide to the Clinic information, records and documents reasonably required to demonstrate its compliance with its obligations under this section 6 and Article 28 of the GDPR regarding the personal data; 13.2. VIVEO will not disclose any information, records or other documents that are subject to its business secrets; 13.3. VIVEO will not disclose any information, records or other documents that would place it in breach of its confidentiality obligations under applicable laws or agreements with other clients or persons; 13.4. VIVEO will not disclose any information, records or other documents relating to a matter that is subject to a current, pending or threatened litigation or other dispute resolution mechanism between the Clinic and VIVEO; 13.5. any information, records or other documents provided to the Clinic shall be treated as confidential by the Clinic; 13.6. the Clinic may exercise its right to perform an audit not more often than once in any calendar year unless it has a reasonable doubt as to the compliance of VIVEO.

1.14 VIVEO shall have no liability to the extent that a claim has arisen due to any act or omission not attributable to VIVEO. VIVEO shall be liable for damage caused in the course of processing if it has not complied with the requirements of the applicable legislation specifically addressed to VIVEO, or if it has not complied with or acted against the lawful instructions of the Clinic by Terms and conditions.

1.15 Any person who has suffered material or non-material damage as a result of an infringement of Terms and conditions shall have the right to recive compensation from the Clinic or VIVEO for the damage suffered. 

1.16 Clinic inveolved in processing shall be liable for the damage caused by processing which infringes the Terms and conditions. VIVEO shall be liable for the damage caused by processing only where it has not complied with obligations of these Terms and conditions specifically directed to VIVEO or where it has acted outside or contrary to lawful instructions of the Clinic. 

1.17 Clinic or VIVEO shall be exempt from liability if it provides that it is not in any way responsible for the event giving rise to the damage. 

1.18 Where both Clinic and VIVEO are responsible for any damage caused by processing, they shall be held liable for the entire damage to ensure effective compensation of the data subject. Where Clinic or VIVEO has paid full compensation for the damage suffered, it shall be entitled to claim back from the other liable party involved in the same processing that part of the compensation corresponding to their part of the responsibility for the damage.

Rules for the processing of Clinic's and private physicians data

1. Introduction

1.1 The rules for the processing Clinic`s and private physicians (hereinafter the Clinic) data (including personal data) determine how VIVEO Health India Private Limited (registry code U72900MH2020FTC347036, address O-1101 Bhoomi Park Phase 3 Bafhira Nagar, Malwani NR Fire Brigade Malad (W), Mumbai, Mumbai City, Maharashtra, India, 400095, e-mail india@viveohealth.com, hereinafter VIVEO) implements the principles of the protection and processing of data of Clinic arising from the European Union law and Mexican law.

1.2 The rules are based on the EU data protection regulation (including Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation or GDPR) and on the principles of Indian Information Technology Act, 2000 and rules notified thereunder largely govern data protection in India, the HIPAA regulation (if it is valid at the place of service) and the applicable strong security requirements for information systems and any other relevant applicable data protection regulations (together Data Protection Laws).

1.3 VIVEO ensures the security of processing data in accordance with legislation and good business practice.

2. Purpose of the processing of personal data

2.1 VIVEO processes the Clinic`s data for the following reasons: 2.1.1 to provide a VIVEO Health Care solution www.viveohealth.com and VIVEO Health smartphone application (hereinafter the platform, together as the platform) to the Clinics based on Terms and conditions of use for a Clinic (hereinafter Terms and conditions); 2.1.2 to perform the contract with Clinic; 2.1.3 to make the best offers for services, to assess the quality of Clinic`s service, the purchase preferences and purchasing behaviour of the Clinic, as well as for statistical analyses; 2.1.4 to organize the marketing of the platform in the media, web, social media etc.

2.2 On the basis for processing Data is a contract between VIVEO and Clinic.

3. How VIVEO use the data

3.1 VIVEO may use the data of the Clinic and Clinic`s employee (hereinafter user) for the performance of the contract on the basis of legislation without the Clinic's consent for: 3.1.1 Identifying the Clinic or the Clinic’s representative for the purpose of conclusion of a Contract; 3.1.2 Identifying the user in order to provide the following: access to the platform, register as the user and enable using the platform; 3.1.3 Performing actions necessary for the following: providing services for the Clinic, servicing the Clinic, supporting the using of the platform, use various functions, making and storing logs, securing the performance of the platform, fixing bugs, maintenance and development, improving services and Clinic`s experience, forwarding any information regarding the use of services and other necessary activities to provide services; 3.1.4 Calculating service fees related to the contract, drawing up and issuing invoices and payment schedules, information exchange regarding the business and the services provided; 3.1.5 Exchanging information related to the provision of services and business, documentation of business activities (e.g. sending information to VIVEO for performing statutory duties, etc.), also for assessing and preventing business risks and losses; 3.1.6 Sending information on the functioning of services, changes, functionality, new solutions and options, as well as contractual rights and obligations to the Clinic and the user by email; 3.1.7 Recording and preserving telephone and video calls; 3.1.8 Improving the quality of and developing Clinic`s service, measuring user activity and Clinic`s satisfaction. VIVEO may combine data collected by providing various services, provided that the data have been collected for the same purpose; 3.1.9 Protection of the infringed or contested rights of VIVEO and recovery of debts, incl. the right to disclose the data (name, personal identification code, date of birth, place of residence, e-mail address, telephone number, due date of an obligation, amount of debt) to a law firm and a debt recovery firm, incl. to a credit default register in the case of a payment that has been overdue for more than 30 calendar days until the debt has been settled; 3.1.10 Enabling and controlling the Clinic’s and the user’s access to digital channels for improving the user experience of the digital services and adjustment of the view for the device as well as for the purpose of preventing unauthorised access to and misuse of the digital channels, ensuring information security, improving the technical systems, the structure of the information technology and developing the services through testing and improvement; 3.1.11 Other data that VIVEO may to a reasonable and necessary extent process for performing the contract, provide services or take action to protect their rights; 3.1.12 The Clinic cannot refuse the processing of the data for the purposes specified in clauses 3.1.1-3.1.11, because it would make the provision of the Clinic with the service impossible. 3.1.13 VIVEO may use the data of a newsletter subscriber (name and e-mail address) for performing the newsletter contract based on legislation without the person's consent for the purpose of sending VIVEO’s newsletter to the e-mail address of the person who requested it. The Clinic and user can unsubscribe from the newsletter, which terminates the newsletter Contract.

4. VIVEO processes the following data of Clinic and user

4.1 VIVEO processes the following Data: 4.1.1 the Clinic’s and the Clinic’s representative’s (user`s) personal identification code, date of birth, place of residence, e-mail address, telecommunications numbers, contact details, number of the identity document, bank account number, invoice and payment details, credit card information (if Clinic or user uses credit card payment), username and password of the electronic solution, the language of communication, field of activity, communication channels; 4.1.2 the name, personal identification code or date of birth, e-mail address, telecommunications numbers of the user, username and password of the platform, the language of communication; 4.1.3 data on the use of VIVEO’s electronic solution and other details of electronic communication (e.g. data on the location and usage, equipment, IP address); 4.1.4 Other data that VIVEO may to a reasonable and necessary extent process for performing the contract.

5. How VIVEO uses data for marketing

5.1 VIVEO has the right to use the Clinic’s data for a marketing and statistical analysis of the services and the service environment (e.g. typical behaviour and manner of use).

5.2 VIVEO has the right to submit and send to Clinic offers prepared by VIVEO or a partner VIVEO for the purpose of providing services of platform and organizing marketing

5.3 VIVEO can send to Clinic electronic and other marketing offers.

5.4 The Clinic grants VIVEO the right to display the Clinic’s and Clinic`s employee`s names and/or trademarks in VIVEO’s sale and marketing materials.

6. Transfer of data

6.1 VIVEO processes the Clinic`s data as a controller.

6.2 VIVEO transfers the data to processors required for the performance of the contract.

6.3 VIVEO may authorize the right to use the data to their processors, by following applicable law. VIVEO`s processors are the following: their partners who support and develop the Platform; equip VIVEO with staff; provide technological and technical services, store and archive data, issue invoices and verify their payments; debt recovery, provide Insurance services, marketing as well as other necessary services to support VIVEO’s business activities.

6.4 VIVEO grants the right to process data to processors based on the contract under which the processor is required to ensure, and is held accountable for, the processing of the data in accordance with legislation, ensuring compliance with the data protection requirements in accordance with the legislation of the European Union and the security of the data.

6.5 VIVEO has the right to transfer the data to companies belonging to the same group (e.g. VIVEO Health OÜ, registry code 14351223, Veerenni 38, 10138 Tallinn, Estonia and Amazon Web Services, Inc. whose server is located in the European Union).

6.6 VIVEO discloses the data in the following events: 6.6.1 In events provided by law at the request of the authorities (e.g. law enforcement agencies, the courts, enforcement officers, tax authorities, supervisory authorities); 6.6.2 To legal and financial advisors, auditors, debt recovery undertakings and other authorised processors where required for the provision of the service, the performance of VIVEO’s duties and obligations and protection of VIVEO’s rights.

7. The time until which we keep the data

7.1 VIVEO does not process the data for longer than necessary. VIVEO keeps the Data until the purpose of use of the Data has been fulfilled, usually until the expiry of the contract and thereafter based on its legitimate interest and for performing statutory duties (e.g. duties arising from accounting, private legal grounds, etc.).

8. Rights related to personal data, which we ensure

8.1 Clinic has the right to: 8.1.1 receive information from VIVEO about the extent and use of the processing of the Clinic's Data; 8.1.2 demands that VIVEO terminate the use of, correct and delete the data; 8.1.4 for the purpose of protecting the data, contact the data protection authority or seek judicial protection; 8.1.6 demands that no decisions based merely on automated processing be made with regard to the Clinic.

8.2 8.2   Clinic has right to make extracts about the content and processing of Data, as well as request corrections, updates and deleting of the Data.

9. Amendments

9.1 VIVEO has the right to revise the privacy policy by informing the Clinic thereof at least one month in advance via the platform.