Terms of use and Register description

TERMS OF USE FOR TERVEYSTALO OMA TERVEYS SERVICE

1. SCOPE OF APPLICATION

Use of this Terveystalo Oma Terveys service (hereinafter referred to as the “Service”) provided by Suomen Terveystalo Oy (hereinafter referred to as the “Company”) requires that a registered user of the Service (hereinafter referred to as the “User”) approves these terms of use and undertakes to follow them. In addition, when using the Service, the User must follow the general “Terms of use for the website” which apply to the Company’s web pages. The User must read these terms carefully before starting to use the Service.

The User may use the Service through a web browser at omaterveys.terveystalo.com or through an application downloaded to a mobile device. 

2. STARTING TO USE THE SERVICE 

Before starting to use the Service, the User must register into the Service. By registering with the Service, the User approves these terms of use as they are. 

Strong authentication by the User is always required when signing up for the first time on a device, such as the Tupas authentication service, a mobile certificate, or other strong authentication approved by Terveystalo at a given time. On the mobile application, after the first sign-up, the User may log in using a self-composed PIN code or a biometric identifier adopted in connection with registering with the Service.

The name, personal information, and other identifiers provided by the User when registering with the Service must be the User’s own. The PIN code for logging in to the mobile application is personal. The User must keep the PIN code safe. The User must not disclose the PIN code to any outsider. The User is solely responsible for the appropriate use of the user account in the Service. If the credentials (such as bank identifiers) needed by the User for strong authentication to access the Service are lost, the User must immediately inform the organization administrating the credentials.

The Company has the right to refuse to accept or continue a registration and refuse to provide the Service to anyone for any reason and at any time.

3. THE PURPOSE AND USE OF THE SERVICE

The Service is personal and intended for the management of the User’s personal health information and other personal information to the extent that is possible within the scope of the Service at a given time. The Company has the exclusive right to decide on the scope and content of the Service it provides to the User. Through the Service, the User can view, manage, and complete some of the information saved in the Company’s patient register. In addition, the User may receive reminders of the Company’s services through the Service.

The Service includes information targeted at the User relating to the User’s health as well as information about the Company’s services. Furthermore, the Service includes marketing by the Company and its collaboration partners relating to services provided by them.

The Service is not intended to replace medical diagnosis or health assessment by a healthcare professional. This also means that the purpose of the Service is not to provide a healthcare professional’s assessment of the User’s health through the Service. For instance, the Service does not include all of the User’s information saved in the Company’s patient register. The Company has the right, for a justified reason, to refuse to provide some information of the User in the Company’s patient register through the Service.

Certain features or functionalities of the Service may enable such interaction between the User and a healthcare professional (such as a nurse or physician) that concerns medical diagnosis or health assessment. Information concerning the User that is obtained and provided through such interaction may, in the manner required by applicable legislation, be entered in the patient information system maintained by the Company.

The purpose of the Service is to support other services provided by the Company, and it is intended to support the User’s self-care and enable the implementation of rehabilitation plans and other similar further measures. However, the User is solely responsible for his or her own health when using the Service. When making decisions concerning personal health, the User must make decisions on the basis of personal judgment. Unless expressly indicated by the context, the User shall not in any manner consider information obtained from the Service as a medically grounded advice or instruction to take measures to promote the User’s health or to treat or prevent any illness, injury, or other problem. When specifically agreed on between the User and a healthcare professional and enabled by the Service, the Company or a party employed by the Company may use the Service to provide the User with general-level and personal instructions related to treatment or care that would otherwise be delivered by telephone, letter, or email in a similar situation. However, the User shall always contact a physician to receive an assessment of health or to receive treatment or preventive care for an illness, injury, or other problem.

The material in the Service may also include medical assessments and forecasts concerning the User’s future health. The Company is in no manner responsible for the accuracy of such assessments or forecasts with respect to their realization.

For the provision of the Service, the User is enabled to update information in registers of the Company and third parties, in accordance with the terms of use of the Service and the Company’s privacy policy. The User is responsible for the accuracy of the information he or she enters in the Service and undertakes to immediately inform the Company about any missing or inaccurate information he or she notices in the Service.

The User cannot add, modify, or delete any patient record information concerning the User through the Service. As the Service and the user account are personal and the information added by the User to the user account is not necessarily automatically received by the Company and the healthcare professionals employed by the Company, the User must make sure to inform the healthcare professionals participating in the User’s treatment, in the Company or elsewhere, about his or her illnesses, allergies, injuries, and any other matters that may be related to the User’s treatment.

The User may save and process information related to his or her health and well-being, such as vaccination information, self-measured weight or blood pressure, and information and documents related to medical visits and examinations outside the Company. The information saved by the User is, to the extent required by the doctor-patient or nurse-patient relationship, accessible to the healthcare professionals providing services at Terveystalo.

The User also assures and is responsible for ensuring that no illegal or otherwise inappropriate material is uploaded to or downloaded from the Service. The User shall take any reasonable measures to ensure that the materials uploaded by the User contain no viruses and are not harmful in any other way.

4. RIGHT TO USE THE SERVICE

Only users registered with the Service have the right to access the personal user account in the Service. Persons who have the right to register with the Service on behalf of the User in accordance with item 5 of these terms of use may also use the Service on behalf of the User. 

The User or the person using the Service on behalf of the User always has the sole responsibility for the appropriate use of the Service in accordance with these terms of use. The User shall immediately report to the Company any suspected use of the Service on behalf of the User that is not authorized or instructed by the User, as well as any other suspected use of the Service that is contrary to these terms of use.

The Company has the right to check a person’s right to use the Service at any time. For a justified reason, the Company has the right to prohibit a person’s access to the Service. Justified reasons may include, for instance, uncertainty over whether a person has the right to use the Service on behalf of another person, and use of the Service contrary to the terms of use.

5. REGISTERING WITH AND USE OF THE SERVICE BY MINORS 

Minors who have online bank identifiers or a mobile certificate may register with the service. The policies of granting bank identifiers and mobile certificates are bank- and operator-specific. 

The guardian of a minor may connect the minor to his or her user account in the Service, after which the guardian can view the minor’s patient information and attend to matters on behalf of the minor. Such connecting of minors is always done at the Company’s clinic. The same policy applies to other legally incompetent persons.

Children under 13 years of age do not need to be personally present when the connection is made; guardianship is demonstrated by the child’s KELA card or other official ID card. Children 13 years or older must always be personally present when the connection is made. A minor 13 to 17 years of age may also request to be connected. The connection is automatically reversed when the child turns 13. Any reconnections are automatically reversed each year. A permanent disconnection takes place when the child turns 18.

A connection is possible only in the event that, under the Act on the Status and Rights of Patients, the guardian also otherwise has the right to decide on treatment procedures performed on the dependent person and see patient records concerning the person. When the person comes of age with full rights of an adult or reaches the level of development referred to in the Patients Act or other such level of competence that the person has the right to independently decide on treatment performed on him or her, the person may cancel the right of the guardian or other legal representative to use the Service on his or her behalf.

Parents using the Service on behalf of a minor are mutually responsible for ensuring that the child’s user account is used correctly in accordance with these terms of use and that each parent’s right to obtain information as specified by law is met.

A connection may also be made between close adult relatives. This always requires the consent of the person whose information will be shown to the another person. In this case, the connection is not reversed automatically but on a specified expiry date. If no expiry date is specified, the connection remains in force until further notice, until the authorization is cancelled.

6. REMOTE SERVICE

If the User uses the remote service functionality of the Service enabling interaction between a healthcare professional (a nurse or physician) and the User, the User is responsible for ensuring that he or she has adequate connections, equipment, and browsers required for the interaction. These have been explained to the User in connection with booking the appointment and can also be read here. The User undertakes to follow the remote service instructions.

If the User uses the video appointment service, the User is for his or her part responsible for ensuring the privacy of personal and patient data by staying in a private, undisturbed room during the appointment.

7. PAYMENTS

The User is solely responsible for any costs incurred by the User from the use of the Service.  The prices of Services or parts thereof subject to a charge and/or the terms concerning payment, delivery, and other fulfilment of the agreement are specified in connection with those Services subject to a charge. The User is liable to make the payments specified in the applicable service price list or otherwise notified to the User.

If the User uses electronic payment enabled by the Service, an invoice is generated in the Service of the services used by the User on the same day. If the Company has not received payment within 72 hours, the User receives a reminder of an overdue invoice. The Company does not send a printed invoice to the User. If the Company has not received payment within 14 days of generating the invoice, the Company initiates a collection procedure. 

The User is responsible for the accuracy and validity of the Kela and credit card information provided by the User. The Company has the right to charge the amount of Kela direct compensation for the User’s doctor visit or other examination to the User if the visit is not reimbursable by Kela.

Online payments for the Service are made through the Checkout payment gateway service maintained by Checkout Finland Oy. The User undertakes to comply with the terms of payment for the Checkout payment gateway service. The terms of online payment and information on the payment methods available are provided here.

8. CONTENT OF SERVICE AND THIRD PARTY SERVICES

No information provided in the Service can be considered as an offer binding the Company, a request, an undertaking, or any other binding expression, unless particularly otherwise specified.

Third party services or links to such services may be offered or provided through the Service. By giving consent (a request or other contribution), the User may allow the transfer of his or her personal data and other information from third party services into the Service and vice versa; in so far as this is possible at a given time under the Service and legislation. The Company may disclose information included in the Service to a third party only with the User’s consent.

Information about services provided by third parties or links to such services may be conveyed through the Service. The User may use third party services through the links provided in the Service or otherwise through the Service, but even in this event, the Company is not a contracting party and not in any other way responsible for the information and realization of the information conveyed or provided by the User and the third party. The Company is not responsible for any information, services, operations, or failures of the User’s third party. Third party services are subject to their respective terms of use.

9. PROCESSING OF PERSONAL DATA

Personal data are processed according to Terveystalo’s privacy policy. By starting to use the Service, the User approves the processing of his or her personal data in connection with the Service. Confidential data or other personal data of the User included in the Company’s patient register and other registers are processed through the Service. 

The user data constitute a user data register of the Service for the Company. However, the user data register does not constitute a patient register or part thereof; the Company’s patient register is a separate register. The processing of personal data collected or processed through the Service is subject to the Company’s Privacy Statement.

With the User’s consent, personal data may be used for marketing in the manner described in the Privacy Statement. The Service may include marketing material of the Company and its partners. 

The User is responsible for the accuracy of the information entered in the Service by the User. If the User notices any omissions or inaccuracies in the information, the User shall either immediately correct it or inform the Company about such information without delay. 

Third party services are subject to their respective privacy policies. The Company is not responsible for the functioning of such third party websites or services. Before using the Service to access websites maintained by third parties and before starting to use third party services, the User must read the privacy policies of those websites and services.

10. INTELLECTUAL PROPERTY RIGHTS RELATED TO THE SERVICE

The Company or a third party has the intellectual property rights to all content of the Service, the layout of the Service, and any material available from the Service. Copying, printing, distributing, forwarding, and changing such material as well as linking such material to other websites and any other commercial use or communication to public without the Company’s written permission is forbidden. However, the User may print and save material available in or through the Service for private personal use. If any material in the Service is quoted in accordance with copyright law, the source must always be provided. However, any trademarks and company logos included in the Service may not be copied, published, or distributed without the Company’s written permission.

11. DISCLAIMER

The Company provides the Service “as is” and “as available”. The Company does not guarantee continuous and faultless use of the Service. The Company does not provide any guarantees on the availability, absence of errors, reliability, or content of the Service. The Company is not liable to the User or a third party for the content and accuracy of the information presented in the Service or for any mistakes, omissions, or delays regarding the information. The User is responsible for ensuring that he or she has a functional internet connection and adequate technical readiness and software to use the Service. The User is also responsible for the safety and functionality of the equipment and software he or she uses.

The purpose of the Service is to support the management of information related to the User’s own health and, in this way, promote the possible improvement of the User’s health. This means that the Service is not intended to replace medical diagnosis or health assessment by a healthcare professional; the Company is not in any way responsible for any measures taken by the User as a result of information included in the Service, unless otherwise required by mandatory legal provisions. Accordingly, the Company is not responsible for any problems related to the User’s health, including but not limited to illness, disability, injury, or death, resulting from physical or other exercise, changes in diet, medication, use of nutritional supplements, or any other changes of lifestyle inspired by or related to the Service. 

The Company is not in any way liable for any direct or indirect damage caused by the Service or discontinuation of using the Service, even if the possibility of such damage had been reported to the Company. In addition, the Company is not responsible for any costs possible incurred by the User as a result of the destruction, changing, or recreation of information. Furthermore, the Company is not responsible for any damage if fulfilling the obligations pursuant to these terms of use were in conflict with the Company’s obligations provided in law. The Company’s maximum liability is as provided by mandatory legal provisions in Finnish law.

12. FORCE MAJEURE

The Company or the User is not responsible for any damage caused by a failure to fulfil an obligation because of an unusual or unforeseen occurrence outside the influence of the party. The party must be able to demonstrate the existence of such an occurrence.

A party referring to a force majeure must inform the other party to these terms of use about the force majeure as soon as possible. The Company may inform about a force majeure by means such as its website or a national newspaper.

13. WITHDRAWAL FROM THE SERVICE

The User or the User’s legal representative may stop using the Service at any time and close the user account in the Service by informing the Company about this. The Company shall have a reasonable amount of time to close the user account. The Company must retain information formed in connection with using the Service as specified in law.

For a justified reason, the Company has the right to close the User’s user account in the Service if the use of the Service is harmful for the Company, the User, or a third party or if the Service has otherwise been used in breach of these terms of use. The Company has the right to close the User’s user account in the Service if payments required to use the Service have not been made.

14. AMENDMENTS TO THE TERMS OF USE

The Company has the right to unilaterally amend these terms of use at any time at its discretion. The change takes effect on the date announced by the Company. If the User does not accept the amended terms of use, the User may stop using the Service by informing the Company about this.

15. APPLICABLE LAW AND PLACE OF JURISDICTION

These terms of use are governed by Finnish law.

Any disputes arising from these terms of use shall primarily be settled by both parties through friendly negotiations. If a dispute cannot be resolved through negotiations, it may be referred to Helsinki District Court or the District Court of the municipality in Finland in which the User of the Service has domicile or permanent place of residence.

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