GENERAL TERMS AND CONDITIONS OF SERVICE PROVISION OF OÜ ANTEGENES
These general terms and conditions describe the rights and obligations of OÜ Antegenes (registry code 14489312, address Raatuse 77, Tartu 50603) (the service provider) and the person requesting the services/products of OÜ Antegenes (the patient) when requesting the services of the service provider or using a user account created on the website antegenes.com (the website).
1. Scope of the general terms and conditions
1.1 The general terms and conditions lay down the rights, obligations, and liability of the service provider and the patient when providing services to the patient.
1.2 In accordance with § 760 of the Law of Obligations Act, the general terms and conditions will be considered the standard terms of a contract for the provision of healthcare services.
1.3 The contract for the provision of healthcare services consists of the general terms and conditions and any terms or conditions agreed upon with the patient either orally or in writing. In addition to the aforementioned, the relationship between the parties is regulated by any internal rules communicated to the patient (e.g. visit times, rules and regulations of the service provider, good patient practice) and relevant legislation of the Republic of Estonia and of the European Union (including the Law of Obligations Act, Health Services Organisation Act, Health Insurance Act, and the General Data Protection Regulation of the European Union).
1.4 In case of any contradictions between the general terms and conditions and other documents regulating the relationship between the parties, the general terms and conditions will prevail.
1.5 The service provider has the right to unilaterally change the general terms and conditions; the updated general terms and conditions will be made available on the website.
2. Content of the service and consent to service provision
2.1 The service means the services provided by the service provider listed on the website of the service provider. The list of services may change.
2.2 The service is a healthcare service and the service provider is a healthcare service provider. Inter alia, healthcare services include examinations, analyses and doctor’s consultations. By accepting the general terms and conditions, the patient consents to the service provision, i.e. healthcare service provision, by the service provider. The consent will be considered provided when the patient requests to book a visit with the service provider or when the patient accepts the general terms and conditions on the website before paying for the service.
2.3 In order to choose a suitable service and/or understand the analysis results, the patient can request a doctor’s consultation service (doctor’s consultation). To request a doctor’s consultation, the patient must choose a suitable doctor, consultation type (on site or phone consultation), time and place using either the website or the help of the service provider’s patient administrator and the patient must pay for the requested service either electronically via the website or on site in cash or with a bank card.
2.4 After fixing the time of the doctor’s consultation, the patient has the right to change the time of the consultation or cancel the consultation in case of exceptional circumstances, but no later than 24 hours before the fixed time. The patient may also change the time of the consultation via the website using their user account. The patient may also cancel the consultation, by sending a notification to the service provider’s email firstname.lastname@example.org within 14 days as of paying for the service. If the patient cancels their doctor’s consultation, their payment for the doctor’s consultation will be refunded as soon as possible, but no later than within 14 days as of notifying the service provider.
2.5 If the patient does not turn up to the doctor’s consultation by the fixed time and has not changed the fixed time, the service will not be provided to the patient and their payment will not be refunded.
2.6 The service provider guarantees that they take appropriate measures to ensure the quality of the provided services. The service provider takes all reasonable measures to ensure that the results of the service are accurate and correct. Despite the measures taken by the service provider, it cannot be ruled out completely that the information given by the service provider to the patient about their health may be inaccurate or incorrect.
2.7 Services are only be provided if the patient consents to it. The consent of the patient for service provision will be considered given when the patient arrives at the service provider’s office to receive the service or requests the service on the website. If necessary or required by legislation, the patient’s consent to healthcare service provision will be registered by means which leaves a written record.
2.8 In the case of incapacitated subjects, the consent to healthcare service provision will be
given by the legal representative of the patient, except when the patient is capable of reasonably weighing the pros and cons of service provision. The service provider is not obligated to adhere to the decision of the legal representative if this is clearly not in the best interest of the patient.
2.9 The patient may withdraw their consent to service provision at any time. The consent withdrawal notification must be submitted by means which leaves a written record.
2.10 If the patient withdraws their consent to service provision after service provision has begun and
2.10.1 the healthcare professional can stop providing the service without any risks to the patient’s life or future health, the healthcare professional will stop providing the service;
2.10.2 the healthcare professional cannot stop providing the service without any risks to the patient’s life or future health, the healthcare professional will take the minimum steps necessary for stopping the provision the service without any risks to the patient’s life or health before stopping the provision of the service.
2.11 Withdrawing the consent will not make the services provided before the withdrawal unlawful.
2.12 If the patient is unconscious or for some other reason incapable of expressing their will and the patient does not have a legal representative or their legal representative is unavailable, service provision without consent will be allowed if service provision is in the best interest of the patient and in accordance with the patient’s earlier wishes or assumed wishes and not providing the service would endanger the patient’s life or would significantly harm their health.
2.13 The patient’s earlier wishes or assumed wishes should be established by asking the patient’s close ones, if possible. The patient’s close ones should be notified of the patient’s health condition, service provision and the possible associated risks, if possible under the circumstances.
2.14 The patient’s close ones include the patient’s husband or wife, parents, children, brothers or sisters. The patient’s close ones may also include other people who are close to the patient if this is applicable due to the patient’s living arrangements, e.g. the patient’s domestic partner.
3. Requesting the service and paying for the service
3.1 To request the service, the patient or the service provider chooses the suitable service for the patient on the website and the patient pays for it either electronically online or on site in cash or with a bank card.
3.2 Electronically paying for the service on the website:
Patient reads carefully the information about the service, selects the suitable service, adds it to the shopping cart and fills in the required fields for placing the order. It is possible to pay by Swedbank, SEB, Luminor, LHV, Coop Pank and Pocopay and payments are accepted in Euros. After the payment is received, a confirmation of the purchase will be sent to the patient.
3.3 The patient pays the service provider for requested services based on the provided price list for services. The service provider may change the price list. When paying, the price list that was valid when requesting the service will apply.
3.4 If the service has not yet been provided to the patient, the patient has the right to cancel the service, by sending a clearly worded cancellation notification to the service provider within 14 days as of paying for the service. The patient can send their cancellation notification to the service provider’s email email@example.com.
3.5 If the patient cancels the service in accordance with clause 3.4 of the general terms and conditions, their payment will be refunded within 14 days as of the cancellation notification mentioned in clause 3.4 of the general terms and conditions being received by the service provider.
4. Communicating the results of the services
4.1 The service provider will communicate the results of the requested service to the patient via the user account or, if the patent wishes, via email.
4.2 If the patient has wished to receive the results via phone, the service provider will try their best to reach the patient via phone.
4.3 In accordance with valid requirements, the service provider will also send the results to the Estonian e-health information system (digilugu.ee), the controller of which is the Health and Welfare Information Systems Centre (registry code 70009770, address Uus-Tatari tn 25, 10134 Tallinn). If you have any questions about this, you can contact the Health and Welfare Information Systems Centre’s customer service, using the phone number +372 794 3943 or the email address firstname.lastname@example.org. The patient can view the data uploaded into the information system and in regard to any data stored in the health information system, the patient has all the rights arising from the Personal Data Protection Act, including the right to close assess to the data, so that it is not available to anyone.
5. Consultation of the results of the services
5.1 After receiving the results of the service, the patient has the possibility to register for a genetic counselling conducted by the service provider.
5.1.1 After the registration for an online consultation, the service provider sends a consultation invitation to the patient’s e-mail address provided by the patient – a link and a password to join the video consultation. The link and password sent to the patient are for use only by the entitled person, i.e. the patient who has registered for the consultation and received the link in person. The patient has the obligation not to share the sent link and password with other persons.
5.1.2 At the request of the patient, it is possible to receive a consultation at the medical institution of the service provider (Raatuse 77, 50603 Tartu and Linnamäe tee 3, 13912 Tallinn). The time and place will be arranged with the patient and the patient will come to the medical institution for a genetic consultation at the agreed time.
6. Cooperation between the parties during service provision
6.1 The patient and the service provider will be polite and respectful to each other.
6.2 By concluding the service provision contract, the service provider has the obligation to:
6.2.1 provide services to the patient;
6.2.2 inform the patient of their health condition, course of treatment and results;
6.2.3 keep confidential any information related to the patient’s identity, health condition or details of personal life that have become known during service provision;
6.2.4 duly document service provision and retain this documentation.
6.3 By concluding the service provision contract, the patient has the obligation to:
6.3.1 pay for the service based on the service provider’s price list;
6.3.2 disclose any facts they know to be relevant for service provision;
6.3.3 cooperate with the service provider to help with service provision.
6.4 for achieving the best possible results, the patient must inform the service provider’s employee who is providing the service to them of any factors that may affect their health and service provision; for example, of any meditations the patient takes and unhealthy habits they have.
6.5 The patient has the right to be actively involved in the process of treatment and healthcare and be heard by the service provider’s employee for the duration of the visit.
6.6 The patient and the service provider will cooperate in order to archive the best possible results. The patient must follow the service provider’s recommendations regarding habit and lifestyle changes that are provided to maintain the patient’s health and improve their quality of life.
6.7 If the service provider chooses to do so and the parties agree to it, the service provider may give information to the patient via phone or email.
7. Postponing a visit
7.1 The service provider has the right to postpone a visit if:
7.1.1 the service provider considers this to be a reasonable course of action considering the patient’s health condition;
7.1.2 providing the service is not possible during the booked visit time due to unforeseen organisational problems (for example, an employee taking a sick day or a medical device malfunctioning);
7.1.3 the service provider believes that due to a conflict that has arisen between the service provider’s employee and the patient it would be reasonable to refer the patient to another employee of the service provider;
7.1.4 the service provider has not received the patient’s visit fee payment on their account.
7.2 The service provider must inform the patient of postponing the visit as soon as possible and offer them the first available visit time.
8. Refusing service provision
8.1 The service provider has the right to refuse service to the patient if:
8.1.1 the patient wishes to receive a healthcare service that is not medically indicated;
8.1.2 the patient wishes to receive a service that would be a bigger risk to the patient’s health than not providing the service;
8.1.3 the patient wishes to receive a service that would endanger the health of the service provider’s employee or a third party;
8.1.4 the service provider does not have the right to provide the requested service based on their activity licence or at that moment lacks professional competency to provide that specific service;
8.1.5 the patient violates their obligations arising from the terms and conditions of service provision agreed to in writing or orally or from legislation;
8.1.6 the patient does not disclose to the service provider information necessary for service provision;
8.1.7 the patient violates the obligation to cooperate with the service provider to help with service provision, including not consenting to receive healthcare services that supplement the main healthcare service and without which it would not be reasonable to provide the main healthcare service;
8.1.8 the service provider’s employee cannot communicate with the patient in a language understandable to them and the patient cannot provide an interpreter, in which case the service may turn out to be unsuitable for the patient or dangerous to their health;
8.1.9 it seems to the service provider’s employee that the patient appears to be intoxicated during the visit;
8.1.10 the patient is impolite to the service provider’s employee;
8.1.11 the patient violates the obligation to pay the service provider for the service provision;
8.1.12 the patient requests service provision on terms that violate the general terms and conditions.
9. Submission of complaints
9.1 The requested service will be considered reviewed and accepted if the patient does not submit a complaint about the results to the service provider within a reasonable time period starting from the moment the results are made available to the patient. The patient can submit complaints to the service provider using the email address email@example.com or on site. In the complaint, the patient must clearly indicate which service provision result they have a complain about.
10. Dispute resolution and liability
10.1 Any disputes arising from the execution of this contract will be settled by negations. The disputes are in the jurisdiction of Tartu County Court. This contract will be governed by the laws of the Republic of Estonia.
10.2 The service provider and the healthcare professional directly providing the healthcare service are liable for the wrongful violation of their own obligations, particularly for errors in diagnosis and treatment and for violation of the obligation to inform patients and obtain their consent.
10.3 The service provider is not liable for any negative consequences of healthcare service provision, if the service provider’s employee has informed the patient of possible risks and consequences and the patient has consented to healthcare service provision.
10.4 The service provider is not liable for consequences resulting from the patient not following the provided instructions.
10.5 When providing a healthcare service, the service provider is also liable for the actions of other legal persons providing services to them and for any defects in the equipment used upon provision of healthcare services.
10.6 In accordance with legislation, the burden of proof regarding circumstances which are the bases for the liability of the service provider and the healthcare professional directly providing the healthcare service will lie with the patient unless the provision of healthcare services to the patient is not documented as required.
10.7 The limitation period for a claim of a patient concerning compensation for damage is five years as of the time when the patient becomes aware that the provider of healthcare services or a doctor has violated an obligation or caused damage.
10.8 The service provider is liable for any violations of their healthcare service provision obligations in accordance with the authorisation agreement provisions of the Law of Obligations Act. When the service provider has violated their healthcare service provision obligations, the service provider is only liable for direct patrimonial damage and in an amount equal to up to ten times the price of the provided service. When the service provider has violated their healthcare service provision obligations, the service provider is not liable for indirect patrimonial or non-patrimonial damage.
10.9 The provision of the service is supervised by the Health Board, registry code 70008799, Paldiski mnt 81, 10619, Tallinn, phone number 6943500, email firstname.lastname@example.org. In case of complaints against the service provider, the patient has the right to submit a complaint or a statement to the Health Board. More information about submitting a complaint or a statement can be found on the Health Board’s website (terviseamet.ee).