General business conditions Provision of services

SkyMed Care s. r. o.

(hereinafter referred to as “general terms and conditions”)

I.

Introductory provisions, identification of the service provider

These general terms and conditions govern the legal relations between SkyMed Care s.r.o., with registered office at Moyzesova 30, 010 01 Žilina, ID: 54 012 716, registered in the Commercial Register. reg. Žilina District Court, department Sro, business no. 77880/L and users, when providing information services through the website www.helpery.sk

Contact: phone.: +421 903 725 972, email: info@helpery.sk

Supervisory authority

Slovak Trade Inspection, SOI Inspectorate for the Žilina Region

Predmestská 71, P. O. BOX B-89, 011 79 Žilina 1

email: za@soi.sk

Department of Supervision

phone: 041/763 21 30, 041/724 58 68

The contracting parties have agreed that by checking the box before sending their order, the user confirms that he agrees that these general terms and conditions apply to the services provided. If the user does not agree with the general terms and conditions, he is not authorized to access and use the Services.

II.

Explanation of basic concepts

A user is an adult natural person who, when concluding a contract, does not act within the scope of his business activity or other business activity, employment or profession (hereinafter referred to as the “user”).

Provider means SkyMed Care s.r.o., with registered office at Moyzesova 30, 010 01 Žilina, ID: 54 012 716, registered in the Commercial Register. reg. Žilina District Court, department Sro, business no. 77880/L (hereinafter referred to as “provider”).

The contract for the provision of services means the contract concluded between the user and the provider, on the basis of which the provider undertakes to provide the user with information services through the website www.helpery.sk and its software equipment, and the user undertakes to pay the agreed price to the provider for these services (hereinafter referred to as ” Service Agreement”).

Services are understood as information services provided to the user by the provider on the basis of the Agreement on the provision of services via the website www.helpery.sk and its software equipment (hereinafter referred to as “Services”).

Information means medical reports and medical images MR/CT/PET-CT, X-ray, USG in DICOM, JPG format including a complete sequence creating images (in the scope of a maximum of 1 medical report, 2 MR/CT/PET-CT series of images, 5 X-ray images, 3 USG images), laboratory findings/results submitted by the user to the provider as part of the Services provided (hereinafter referred to as “Information”).

In terms of the information obligation according to § 3 par. 1 Act no. 102/2014 Coll. on consumer protection when selling goods or providing services based on a contract concluded at a distance or a contract concluded off-premises (hereinafter referred to as “the law”), the provider informs the user in this clear, unambiguous, understandable and unmistakable way before sending the order about the pre-contractual information regarding the provided Services.

III.

Services (character, characteristics)

The provider provides information services for the purpose of providing health information or medical reports to the user. The user may or may not be the person whose health is to be assessed within the Services. In any case, the user must be of legal age, i.e. must be at least 18 years old, otherwise he is not authorized to use and access the Services.

In connection with the Services provided, the provider states that:

1. in no way does it provide or replace health/medical care or any treatment or diagnosis (according to Act No. 576/2004 Coll. on health care in conjunction with Act No. 578/2004 Coll. on health care providers, hereinafter referred to as “generally binding legal regulations relating to health”),
2. in no way does it provide or replace health/medical care or any treatment, diagnosis in the form of telemedicine according to generally binding legal regulations relating to health,
3. the Services provided serve the user’s informational purposes,
4. in no case do they replace the individual conclusions, findings or recommendations of the user’s attending physician,
5. In any case, it is recommended to consult the user’s attending physician about the services that will be provided to the user.

In connection with the Services provided, the User agrees that:

1. The services provided to him are not and may not be qualified as health/medical care, treatment, diagnosis, medical assistance, diagnosis or finding and agrees that his attending physician is at all times responsible for his health care and its provision within the scope and in accordance with generally binding legal regulations relating to health,
2. Information submitted by users must not be older than 1 year,
3. In any case, we recommend that you consult with your attending physician about the services that will be provided to the user.
4. The services are in no way a substitute for any health/medical examination or a visit to a doctor, considering that important information regarding the health status of the user can only be obtained through an individual medical examination during the provision of health care and services related to the provision of health care according to generally binding legal regulations related to health,
5. As part of the Services provided, the user has the opportunity to order a 1-30 minute phone call, video call, or a written report (review); if such an option is offered by the provider when creating an order for Services.

IV.

Order of Services

When ordering the Service through the website www.helpery.sk and its software device, the user provides the following data:

• name, surname, age, address, phone number, email,

The user orders the service at the price valid at the time of ordering, in the amount according to the price list published on the website www.helpery.sk. The User always has the opportunity to familiarize himself with the total price of the Services and all other fees (if applicable) before making and sending the order for the Services. This price will be stated in the order, as well as in the email confirmation of receipt of the order. The user is informed before sending the order that it includes the obligation to pay the price in the form of the label “order with payment obligation.” At the same time, the user is informed before sending the order and his express consent is requested:

1. with the start of the provision of the Service before the expiry of the period for withdrawal from the contract with the statement of instruction that by granting consent to the commencement of the provision of the Service before the expiry of the period for withdrawal from the contract, he loses the right to withdraw from the contract after the full provision of the Service, i.e. the user cannot withdraw from the contract, the subject of which is the provision of the service, if its provision began with his express consent and he declared that he was properly informed that by expressing this consent he loses the right to withdraw from the contract after the full provision of the Service, and if there was full provision of the Service (hereinafter referred to as “agreement to start providing the service”),
2. with the start of the provision of electronic content before the expiry of the period for withdrawal from the contract, with the statement of instruction that by granting consent to the start of the provision of electronic content before the expiry of the period for withdrawal from the contract, he loses the right to withdraw from the contract hereinafter (“consent to the provision of electronic content”) .

After sending the order, the order will be processed by the provider and the user will receive an “order receipt confirmation”. Confirmation of receipt of the order, mainly contains data on i. Services provided (type, name, quantity) ii. the price of the Services (unit price/total price), iii. delivery time of the Services and information about the provider (business name, registered office, ID number, etc.) iv. date of sale. The contract for the provision of services is only concluded with the binding acceptance of the user’s order by the provider in the form of an email confirmation from the provider to the user about the acceptance of the user’s order (after the previous acceptance of the order) marked as “confirmation of the order and about the conclusion of the contract” which contains, among other things, a confirmation of the express consent of the user and statements in connection with the consent to start the provision of the service, consent to the provision of electronic content (in the case of how the consents were provided by the user). All other information regarding the order will be sent to the email provided by the user. When ordering the Services and paying for them, the user will receive a document on the provision of the Services, which is also a tax document.

Price

All prices of the Services are contractual, while the prices in the catalog of the Services on the website www.helpery.sk are always up-to-date and valid and are final. The provider is not a VAT payer.

Withdrawal from the Agreement on the provision of services to users – LESSON

The user is entitled to deliver within 24 hours from the delivery of the order to the provider a notification that he is canceling the order in the event that a valid contract for the provision of services has not yet been concluded. The provider instructs the user that he is authorized according to § 7 of Act. no. 250/2007 Coll. on consumer protection (hereinafter referred to as “ZOS”), the law on the basis of a contract concluded at a distance or a contract concluded off-premises, even without giving a reason, withdraw from the Contract on the provision of services concluded at a distance or a contract concluded off-premises within 14 days from the date of conclusion of the Contract on the provision of services. According to § 7 par. 6 of the Act, the user cannot withdraw from the contract, the subject of which is the provision of a service, if its provision began with the express consent of the consumer and the consumer declared that he was properly informed that by expressing this consent, he loses the right to withdraw from the contract after the full provision of the service, and if the service has been fully provided. In the event that the user withdraws from the contract for services and has given express consent before starting the provision of services, he is obliged to pay the provider only the price for the actually provided performance by the date of delivery of the notice of withdrawal from the contract. The price for the performance actually provided is calculated proportionately based on the total price agreed in the contract. If the total price agreed in the contract is overvalued, the price for the service actually provided is calculated based on the market price of the service provided. The user is not obliged to pay for i. services provided during the period for withdrawing from the contract, regardless of the scope of the performance provided, if the provider did not provide the user with information according to § 3 par. 1 letter h) or letter j) of the Act, the user has not given the provider explicit consent to start providing the service according to § 4 par. 6 of the Act ii. fully or partially provided electronic content that is not supplied on a physical medium, if the user has not given the provider explicit consent to start providing electronic content according to § 4 par. 8 of the Act, the user did not declare that he was properly informed that by expressing consent he loses the right to withdraw from the contract or the provider did not provide the user with confirmation in accordance with § 6 par. 1 or par. 2 letters b) of the Act.

The user can use the form to withdraw from the contract for the provision of services. User instructions, including an opt-out form, are available here. If the user has paid the price before the cancellation of the order, the paid price will be returned to him within 14 days from the cancellation of the order in the same way as he used for his payment. In case of withdrawal from the contract, the price will be returned to the user within 14 days from the date of delivery of the notice of withdrawal from the contract in the same way as he used for his payment (however, only if the obligation of the user to pay the provider only the price for the actually provided service by on the date of delivery of the notice of withdrawal from the contract in the event that the user withdraws from the contract for services and has given explicit consent to the commencement of their provision before the start of the provision of services).

Payment and delivery conditions

The seller agrees to the following payment terms:

• payment by payment card via the bank’s internet interface.

The deadline for providing the Services is 10 days from the date of delivery of the confirmation of the order and the conclusion of the contract to the user (unless otherwise agreed between the provider and the user). The period in which the Services will be provided to the user will be indicated by the provider to the user in the confirmation of the order and the conclusion of the contract. The deadlines related to the provided Services will start to run only if all the Information is provided by the user. The passage of time only includes working days counted from the following day. If the user does not provide the provider with all the Information or these will be incomplete or incorrect, the provider will ask the user to supplement them or for completeness (in which case the deadline for providing the Services is interrupted). In the event that the provided Information is not delivered by the user to the provider at his request in accordance with the previous sentence within 5 days from the day he was requested to provide complete or correct Information, it is considered between the contracting parties that the Services are provided properly and without any defects. If the information provided to the user is not made available to the provider in the required DICOM, JPG format (MR/CT/PET-CT, RTG, USG images), the provider will ask the user to supplement it (in which case the deadline for providing the Services will be interrupted). In the event that (MR/CT/PET-CT, X-ray, USG images) are not provided by the user to the provider within 5 days from the date on which they were requested by the provider at his request according to the previous sentence, it is considered between the contracting parties that that the Services are provided properly and without any defects.

V.

Return policy

Complaint procedure (applying a complaint, method of handling the complaint)

By clicking the box before sending the order, the user confirms that he has read this complaint procedure and agrees with it in its entirety, and at the same time confirms that he has been properly informed about the conditions and method of complaining about the Services, including information on where the complaint can be made in accordance with § 18 par. 1 ZOS.

This complaint procedure is an integral part of these general terms and conditions and regulates the procedure and the way to approach the complaint of the Services. The user is obliged to familiarize himself with the complaints procedure before ordering the Service. By concluding the Agreement on the provision of services the user agrees to this complaint procedure.

The provider instructs the user about his rights arising from § 622 of the Act. no. 40/1964 Coll. of the Civil Code and the rights arising from § 623 of the Act no. 40/1964 Coll. of the Civil Code by placing this complaint procedure on the relevant subpage of the website www.helpery.sk and the user had the opportunity to read it and was familiar with it in its entirety before sending the order.

The user makes a complaint on the spot:

SkyMed Care s.r.o.

with registered office at Moyzesova 30, 010 01 Žilina

IČO: 54 012 716

Contact: phone.: +421 903 725 972, email: info@helpery.sk

The user can send the complaint together with the accompanying complaint letter listed here, including a copy of the tax document (invoice), a clear and definite specification of the defect in the Service, the user’s contact details (name, surname, address, phone number, email), it is recommended to select the required method of handling the claim.

Method of handling the complaint

On the basis of the user’s decision, which of its rights in accordance with § 622 and § 623 of the Act no. 40/1964 Coll. Applying the Civil Code, the provider or the designated person is obliged to determine the method of handling the complaint according to § 2 letter m) ZOS immediately, in more complex cases within 3 days from the start of the complaint procedure, in justified cases, especially if a complex technical evaluation of the Service is required, no later than 30 days from the date of the start of the complaint procedure. After determining the method of handling the complaint, the provider or designated person will handle the complaint immediately, in justified cases the complaint can be handled later. However, the processing of the claim must not take longer than 30 days from the date of application of the claim. After the expiration of the deadline for handling the complaint, the user has the right to withdraw from the contract. The responsible person at the provider is fully responsible for monitoring the expiry of the deadline for complaints in accordance with ZOS and Act. no. 40/1964 Coll. by the Civil Code and contacting the user without delay about handling the claim within the statutory deadline by email, SMS, or registered letter.

The provider issues to the user:

• written confirmation of when the claim was applied/accepted, what it contains, what method of handling the claim is required, by email or post immediately after receiving the claim (in the case of personal application, it is submitted immediately),
• confirmation of the date and method of handling the complaint, including confirmation of the duration of the complaint, or justification of the rejection of the complaint.

In the event that the user is not satisfied with the processing of the complaint by the provider or when the user turns to the provider with a request for redress and was not satisfied with the way in which the provider handled his complaint or if he believes that the provider violated his rights, the user has the right to to the provider with a request for correction. In the event that the provider rejects such a request or does not respond to it within 30 days from the date of its sending, the user has the right to submit a proposal for the initiation of alternative dispute resolution to the entity of alternative dispute resolution according to § 12 of Act no. 391/2015 Coll. on alternative resolution of consumer disputes. The subject of alternative dispute resolution is the Slovak Trade Inspection, Bajkalská 21/A, P.O. Box no. 5, 820 07 Bratislava (www.soi.sk) or another relevant authorized legal entity registered in the list of alternative dispute resolution entities maintained by the Ministry of Economy of the Slovak Republic (the list is available at www.mhsr.sk). The user is entitled to choose the subject of alternative resolution of consumer disputes to which he will turn. The user can use the online dispute resolution platform, which is available on the website http://ec.europa.eu/consumers/odr/, to submit a proposal for an alternative resolution of their dispute. When submitting a submission to the RSO platform, the user fills out an electronic complaint form. The information it submits must be sufficient to determine the relevant online alternative dispute resolution entity. The user can attach documents to support his complaint.

VI.

Liability of the provider, limitation of use of the Services

In connection with the Services provided, the provider states that:

1. the Services provided may not be correct, complete, reliable or up-to-date,
2. the user uses the Services at his own responsibility and at his own risk,
3. the provider does not provide any guarantee for the Services provided,
4. is responsible for damage only to the extent of mandatory legal norms,

In connection with the Services provided, the User agrees not to use the Services provided:

• in court, arbitration, administrative and other similar proceedings,
• for or for other persons (such as the person of the user),
• contrary to good manners,
• for any purpose other than that arising from these general terms and conditions,
• in a manner in which, as part of the submission of Information, he would upload, make available, transmit any dangerous, harmful viruses, computer codes with the potential to limit or threaten the provision of Services by the provider to the user or other users.

The provision of Services is associated with free user registration on the website www.helpery.sk. Without user registration, the provider is not obliged to provide the user with Services. Without further ado, the Provider is entitled at any time based on its own decision to terminate access to the provision of User Services on the website www.helpery.sk. in the event that:

• the user does not use the Services for a period longer than 6 calendar months,
• the user violates any obligation stated in these general terms and conditions.

VII.

Intellectual property law

The user does not acquire any ownership rights of any kind to trademarks, industrial rights or trade names, or to other intellectual property rights of the provider.

VIII.

Personal data protection

Information on the processing of personal data and its protection is available here. The user acknowledges that he is obliged to provide the provider with personal data in a complete and correct form and is also obliged to inform the provider of any change in his personal data. The user confirms that the personal data he provided is complete and correct. By checking the box before sending the order, the user expresses that he has familiarized himself with the terms of privacy protection available here, fully understood their content and expressly agrees with them.

IX.

Final provisions, validity and effectiveness, change of GTC

The relevant provisions of the Act apply to legal relationships not regulated by these general terms and conditions. no. 40/1964 Coll. of the Civil Code, Act. no. 22/2004 Coll. on electronic commerce and on amendments to Act no. 128/2002 Coll. on state control of the internal market in matters of consumer protection and on amendments to certain laws as amended by Act no. 284/2002 Coll., Act. no. 250/2007 Coll. on consumer protection and on the amendment of Act of the Slovak National Council No. 372/1990 Coll. on offenses as amended, Act. no. 102/2014 Coll. on consumer protection when selling goods or providing services based on a contract concluded at a distance or a contract concluded outside the seller’s premises.

These general terms and conditions are valid and effective from XX.XX.XXXX. The provider reserves the right to change these general terms and conditions without prior notice .
Povinnosť písomného oznámenia zmeny týchto všeobecných obchodných podmienkach, je splnená umiestnením na internetovej stránke www.helpery.sk.

However, the contract for the provision of Services concluded between the user is governed by the general terms and conditions valid and effective at the time the order is sent to the user.