ADVICE.ME BUSINESS TERMS AND CONDITIONS
- We are EPC Healthcare Al s.r.o., ID No. 118 42 946, and we would like to offer you, in the utmost good faith, a service called ADVICE.ME that will enable you to have your back pain problems individually evaluated with the help of our experts. After this evaluation by our experts, you will receive a report containing recommendations with specific procedures to alleviate or completely resolve your back pain for the tariff of your choice. Unfortunately, since there are no sophisticated systems (hardware and software) that can detect your health condition or health problems in a guaranteed manner directly from home, we must point out that the report you receive using our ADVICE.ME Service in connection with your chosen tariff cannot, by its nature, substitute a personal medical examination or any medical diagnosis. We create the report in good faith as best we can and with the utmost care, but please note that the report is based on the information you have given us and our experts are therefore unable to examine you personally. If you or your doctor have any additional questions about the report, you can contact one of our experts within 10 days of receiving the report. If you are interested in a detailed consultation of the sent report, you can use text consultation. However, we must inform you that these text consultations with our experts are subject to a fee. Please do not hesitate to contact us with your questions arising from the report. Our experts are here to support you throughout your journey to recovery.
- Before proceeding further to the text below, we would like to inform you once again that the report is not a substitute for a personal examination by a doctor. It is really only a certain recommendation compiled in connection with the health problems you have specified. In view of this, we ask you to consult your physician before commencing any treatment.
2. DEFINITION OF TERMS
- Unless otherwise specified in these BTC, the following capitalised terms used in the BTC have the following meaning:
- Price List – means the price list for the ADVICE.ME Service published on the website at www.advice.me;The Price List forms an integral part of these BTC;
- Form – means the form via which the Client sends the Information required to process the Report and provide the ADVICE.ME Service;
- GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 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);
- Information – means the health information and documents entered once by the Client via the Form about their symptoms and predispositions at the conclusion of the Contract for the Provision of Services, which serve to provide the ADVICE.ME Service and subsequent processing of the Report;
- Client – means a person interested in the provision of the ADVICE.ME Service, who has concluded a Contract for the Provision of Services with the Provider, i.e. a natural person over 18 years of age, fully capable of legal actions, who is provided with the ADVICE.ME Service for purposes not related to their economic or professional activity, but to obtain the Report for themselves (consumer);
- BTC – means these Business Terms and Conditions of the Provider for the purpose of providing the ADVICE.ME Service, including the Rules of Operation and Price List;
- Civil Code – means Act No. 89/2012 Coll., Civil Code, as amended.
- Provider – means the company EPC Healthcare Al s.r.o., ID No. 118 42 946, registered office at Durďákova 336/29, Černá Pole, 613 00 Brno, incorporated in the Commercial Register maintained by the Regional Court in Brno, Section C, Insert 124992;
- Rules of Operation – means the current version of the Rules of Operation of the ADVICE.ME Service available on the website at www.advice.me; the Rules of Operation form an integral part of these BTC;
- ADVICE.ME Service – means the provision of an individual evaluation of the Client’s health problems in the manner and under the conditions set forth in the Rules of Operation and to the extent of the Tariff chosen by the Client. The ADVICE.ME Service may also include the provision of other additional services, the terms of which are set forth in the specific terms and conditions of the additional services and the price list of the additional services available on the website www.advice.me;
- Contract on Provision of Services – means a contract concluded between the Client and the Provider, the subject of which is in particular the Provider’s obligation to provide the ADVICE.ME Service to the Client and the Client’s obligation to pay the agreed price to the Provider;
- Tariff – means the tariffs for the ADVICE.ME Service specified in more detail in the Price List;
- Report – means the output that the Client receives when ordering the ADVICE.ME Service in the given Tariff in the form of a PDF file processed on the basis of analysing the Information entered by the Client in the Form, with the purpose of evaluating health data, presenting the potential risks and diseases related to the symptoms and predispositions specified by the Client in the Form, respectively related to the Information. It summarizes information about the Client’s current medical condition related to back pain; the Report is not and does not replace a medical diagnosis or medical consultation;
- Website – means the website www.advice.me, which consists of an interactive computer program that is the subject of a licence; the Website constitutes a separate website, but is linked to other websites operated by the Provider;
- Act – means Act No. 372/2011 Coll., on the provision of health services and the conditions of their provision, as amended;
- PDPA – means Act No. 110/2019 Coll., on personal data processing.
3. REPRESENTATIONS, LIABILITY AND GUARANTEES
- The Provider declares that it is not a provider of health services within the meaning of the Act.
- The Provider further declares that the provision of the ADVICE.ME Service is not in the nature of health services within the meaning of the Act.
- The Report is for informational purposes only and must in no way be construed or considered to constitute medical advice, consultation or diagnosis. Nor is it a basis for arbitrary diagnosis or individual treatment of oneself or a third party based on the information obtained through the Report. The Report is a recommendation and can be used as a basis for finding a specialist doctor or back treatment clinic in the Client’s place of residence. The Report is not a substitute for a visit to the physician, medical diagnosis, or any other consultation with a physician.
- The Provider is not liable for:
- the Client’s actions in relation to the information obtained and/or provided in the Report;
- the accuracy, completeness, reliability and/or authenticity of the data and Information provided by the Client in the Form;
- any damages resulting from the use of the Website in a manner contrary to the law or these BTC;
- The Provider’s liability in respect of the performance of the ADVICE.ME Service is contained in the relevant legal regulations and these BTC. These BTC do not constitute an extension of the Client’s rights, nor do they constitute the provision of an additional quality guarantee beyond the legal requirements.
- The Provider is not liable for damage caused to the Client or a third party due to force majeure or failures beyond the Provider’s technical equipment.
- The Client is authorised to provide only such data through the Form that cannot cause legitimate harm to the Provider or any third party, namely data that are true and complete, not giving a false impression of their true meaning. In this context, the Provider is authorised to request the Client to supplement or modify the data provided by the Client, or to provide an appropriate explanation.
- The Client acknowledges and agrees that the Provider is entitled to keep individual data from the Form, respectively Information and information related thereto, for the purpose of creating anonymized reports and statistics or in the case of a dispute between the Client and the Provider regarding a violation of these BTC for a period of three (3) years after sending the Report to the Client. This is without prejudice to the obligations arising from the GDPR and/or the PDPA as detailed in the Rules of Operation.
- The Provider will use its best efforts to ensure that the Website is accessible around the clock. The Client hereby acknowledges that due to necessary maintenance of the Website, or for reasons not caused by the Provider, the Website may require planned or unplanned downtime.
- Any downtime of the Website does not constitute a breach of the Provider’s obligations under the Contract on Provision of Services.
- The Client hereby expressly acknowledges and agrees that the Provider is be liable for any damage caused to the Client as a result of Website downtime, except in cases where such downtime is caused by the Provider’s deliberate conduct.
4. CONCLUSION OF A CONTRACT ON PROVISION OF SERVICES
- The conclusion of the Contract on the Provision of Services occurs by submitting a duly completed Form via the Website.
- By submitting the Form, the Client declares and confirms that they have been duly acquainted with the contents of these BTC, understands and agrees to them and undertakes to comply with all the rules contained therein.
5. DURATION OF THE CONTRACT ON PROVISION OF SERVICES AND WITHDRAWAL
- The Contract on Provision of Services is concluded for a definite term, until the delivery of the Report to the Client.
- In accordance with the provisions of Section 1829(1) of the Civil Code, the Client is authorised to withdraw from the Contract on Provision of Services within 14 calendar days from the moment of its conclusion, without giving any reason. Withdrawal pursuant to the previous sentence must be effectuated via a unilateral legal act taken towards the Provider, by any of the forms of communication according to Article 7 of these BTC. The specimen form published on the www.advice.me website may be used for withdrawal. It is sufficient to meet the deadline for withdrawal under this paragraph if the notice of withdrawal is sent to the Provider within this deadline.
- In the event of withdrawal from the Contract on Provision of Services pursuant to Article 4.2 of these BTC, the Client is obliged to pay the Provider a pro rata part of the agreed price for the performance provided up to the moment of withdrawal. The moment of payment for the ADVICE.ME Service according to the Tariff chosen by the Client constitutes the explicit request by the Client for the provision of performance before the expiry of the withdrawal deadline according to Art. 4.2 of these BTC within the meaning of Section 1834 of the Civil Code.
- The Client cannot exercise their right to withdraw from the Contract on Provision of Services pursuant to Art. 4 of these BTC if the Provider fulfils the Contract on Provision of Services and sends the Report before the expiry of the withdrawal deadline pursuant to Art. 4.2 of these BTC within the meaning of Section 1837(a) of the Civil Code.
6. PROVISION OF THE ADVICE.ME SERVICE AND PRICE
- By concluding the Contract on Provision of Services, the Provider undertakes to process an analysis for the Client via the ADVICE.ME Service and potential deliver a Report to the Client depending on the selected Tariff.
- By concluding the Contract on Provision of Services, the Client undertakes to pay the Provider the price of the ADVICE.ME Service in the amount according to the Price List depending on the selected Tariff. The Client undertakes to pay the Provider the price of the ADVICE.ME Service in accordance with the Price List in a single payment before or at the time of provision of the relevant ADVICE.ME Service.
- If the Client fails to pay the price for the ADVICE.ME Service in the amount according to the Price List depending on the Tariff chosen, the Contract on Provision of Services shall be cancelled from the outset.
7. COMPLAINT PROCEDURE
- The Client may lodge a complaint about the ADVICE.ME Service by sending an email to firstname.lastname@example.org.
- A properly lodged complaint must contain in particular the following information:
- identification of the Client (name, surname, e-mail address);
- subject of the complaint;
- justification of the complaint.
- The Provider shall deal with a properly lodged complaint without delay, but no later than 30 days after its receipt.
- The Provider shall send the Client confirmation about the manner of handling the complaint, or the reasons for rejecting the complaint, to the e-mail address specified in the complaint.
- Under the Consumer Protection Act, the Client has the option of using out-of-court settlement of a consumer dispute arising from the Contract on Provision of Services (hereinafter referred to as a “consumer dispute”). The entity with jurisdiction for out-of-court settlement of consumer disputes (ADR) in the Czech Republic is the Czech Trade Inspection Authority (Česká obchodní inspekce), registered office at Štěpánská 567/15, 120 00 Prague 2, ID No. 000 20 869, website: http://www.coi.cz.
- Any notice, request or other communication to be given or made to either party to the Contract on Provision of Services in connection therewith may be given by e-mail. The contact e-mail address shall be deemed to be (i) the e-mail address provided by the Client within the Information and (ii) the e-mail address provided on the www.advice.me website in the case of the Provider.
- Any notice under the Contract on Provision of Services shall be deemed delivered at the time of (i) sending, in cases where the notice was delivered by e-mail, unless the addressee proves that delivery was not effectuated for reasons beyond their control.
9. PERSONAL DATA PROTECTION
- The Provider protects the Clients’ Personal Data and processes them in accordance with the GDPR and the PDPA. The terms and conditions of processing the Client’s personal data are regulated in detail in the Rules of Operation.
10. FINAL PROVISIONS
- In accordance with Section 1752 of the Civil Code, the Provider is entitled unilaterally to amend, supplement or otherwise modify these BTC at any time to a reasonable extent in connection with the development of the ADVICE.ME Service. The Provider is obliged to inform the Client of the intended change according to the previous sentence at least 15 days before the effective date of such changes by publishing the new version of the BTC, including a description of the changes, on the www.advice.me website. The updated version of the BTC will come into force on the date indicated on the www.advice.me website and will replace the current version of the BTC in their entirety from that date.
- The Provider hereby informs the Client that the ADVICE.ME Service is provided electronically, which is associated with risks characteristic of this type of service, in particular the presence of malware (e.g. computer viruses, malicious software capable of spreading arbitrarily) or spyware (e.g. software that monitors the user’s activities on the internet). At the same time, the Provider informs the Client that it has taken all necessary steps to minimize the above risks.
- All legal relations between the Client and the Provider and any disputes between them are governed by the laws of the Czech Republic and shall be resolved before the competent courts of the Czech Republic.
- These BTC come into effect on 1.6.2022.