Terms of use

General terms and conditions for users

Below are the General Terms and Conditions which govern the use of the MEDIION service for Users (hereinafter: General Terms and Conditions). Please read them carefully before using the MEDIION service.

By agreeing to these General Terms and Conditions, you declare that you understand them and that you agree with them.

During the use of the MEDIION service, the General Terms and Conditions that are in force at the time of the conclusion of the contract, as well as the legal regulations in force in the Republic of Croatia at the time of the conclusion of the contract, are applied.

These General Terms and Conditions were prepared by the company Mediion Technologies d.o.o., OIB: 03243979549, e-mail: podrska@mediion.com with principal offices at Zinke Kunc 9, 42000 Varaždin, Hrvatska.

NOTE: MEDIION IS NOT SUITABLE FOR USE IN CASES OF PARTICULARLY SEVERE SYMPTOMS AND MEDICAL EMERGENCIES. IT IS PRIMARILY THE RESPONSIBILITY OF THE USER TO ASSESS WHETHER HE OR SHE IS DEALING WITH PARTICULARLY SEVERE SYMPTOMS AND MEDICAL EMERGENCIES. IF YOU ASSESS THAT YOU ARE DEALING WITH SUCH SEVERE SYMPTOMS AND MEDICAL EMERGENCIES, DO NOT USE MEDIION.

1. Definitions

Company is the company Mediion Technologies d.o.o. with principal offices at Zinke Kunc 9, 42000 Varaždin, which has developed and manages the MEDIION technology platform.

MEDIION is a technology platform accessible via MEDIION web and mobile applications, which enables the Company to provide the MEDIION services to Users and Partners.

User is a natural person having legal capacity, who is at least 18 years old and who has registered on MEDIION in his or her own name and on his or her own behalf or in the name of and on behalf of his or her minor child of whom he or she is the legal representative.

Partner is a legal or natural person, i.e. a health institution or a company providing health services or a natural person providing health services in private practice, who has registered their health institution, company or private practice on MEDIION, on whose behalf Health Professional provides health services and uses MEDIION.

Health Professional is a natural person, a health worker who provides health services via MEDIION, on behalf of the Partner.

Health Consultation Services are Teleconsultation or Written Consultation that the Health Professionals provide to the Users via MEDIION, related to a specific health problem of the User, based on the medical records presented by the User to the Health Professional and/or based on the description of the health problem by the User.

Teleconsultation is one of the two ways of providing the Health Consultation Services which take place between the User and the Health Professional via MEDIION, via an audio visual link, i.e. a call via a computer or a mobile device.

Written Consultation is one of the two ways of providing the Health Consultation Services which take place via MEDIION, by exchanging text messages between the User and the Health Professional.

Contract for the Provision of the MEDIION Services is a contract concluded between the Company and the User, under which the Company enables the User to use MEDIION, and which is concluded when the User agrees to these General Terms and Conditions at the time of registration on MEDIION.

Contract for the Provision of the Health Consultation Service is a contract concluded between the User and the Partner, under which the Partner undertakes to provide the User with the Health Consultation Service via the Health Professional, and the User undertakes to pay the Partner a fee for the Health Consultation Service provided.

User Profile is an individual data set on MEDIION for each User, which contains identifying information and other data related to a single User.

Health Diary is the part of the User Profile that contains a set of data, for example, but not limited to, data on vital parameters, physical parameters, symptoms of certain diseases, that can be entered by the User or the Health Professional.

Personal Medical Box is the part of the User Profile that contains a set of data, namely medical records that are uploaded by the User or created by the MEDIION Health Professionals, which can be made accessible to a Partner by the User at his or her own discretion.

Scheduled Appointment is the time of providing the Health Consultation Service, agreed between the User and the Health Professional, for which the User has received a confirmation on his or her User Profile on MEDIION.

2. Registration process

Registration on MEDIION, by following instructions and registration steps, is needed to become a MEDIION User.

After registration, the said User can start using MEDIION, i.e. at that moment the User can start using the services provided by the Partner via Health Professional and provided by the Company via MEDIION.

In order to use MEDIION on any device, the User must use his or her username and password.

3. Description of the service

MEDIION enables the Users to use the Health Consultation Service (Teleconsultation or Written Consultation) provided to the Users by the Health Professionals on behalf of the Partners via MEDIION.

MEDIION allows the Users to choose any Health Professional available on MEDIION at their own discretion.

MEDIION enables the User to keep track of appointments scheduled with a particular Health Professional via MEDIION and enables them to communicate with the Health Professional via MEDIION in order to arrange an appointment.

MEDIION enables the User to keep their Health Diary via MEDIION, i.e. to enter, for example, but not limited to, data on vital parameters, physical parameters, symptoms of certain diseases with all the information and notes.

MEDIION enables the User to manage their Personal Medical Box via MEDIION, i.e. to upload the medical records that they consider relevant or useful to the Health Professional when providing the Health Consultation Service.

MEDIION enables the User to receive a written document from each Health Professional at the end of the performed Teleconsultation, Written consultation or physical examination in the practice, with a description of the anamnestic data obtained from the User during the provision of the service and containing a recommendation to the User for further diagnostic and therapeutic procedures and/or pharmacotherapy [and containing as well, if necessary, a private prescription for a medication, which private prescription is not in the billing system of the Croatian Health Insurance Fund (hereinafter: CHIF)].

Services available via MEDIION are not in the billing system of the CHIF and cannot be provided based on a referral from the CHIF.

Provision of the services available via MEDIION is not and shall not be considered provision of telemedicine and mobile health services as described in the Health Care Act.

Teleconsultation

The Health Professionals offer the Teleconsultation service to the Users by determining via MEDIION which appointment time slots, according to their own capabilities, will be shown to the Users as available.

The Health Professionals have the possibility to enable the option that allows the Users to book the first time slot available on the same day (“appointment available immediately”).

The Users themselves choose a Health Professional available via MEDIION, by booking one of the time slots available or by choosing the option of booking the first appointment available on the same day (“appointment available immediately”).

After the User has chosen an appointment time and after the Health Professional has confirmed it, the User will receive a confirmation of the appointment to his or her email address and in his or her User Profile on MEDIION.

At the moment the User receives the confirmation of the appointment for the provision of the Health Consultation Service in their User Profile on MEDIION, the Contract for the Provision of the Health Consultation Service is concluded between the User and the Partner. The Contract for the Provision of the Health Consultation Service is performed by the Health Professional on behalf of the Partner.

Scheduled Appointment can be cancelled by both the User and the Health Professional up until the beginning of the Scheduled Appointment.

The Teleconsultation is always and exclusively initiated by Health Professional calling the User, and in no case can Teleconsultation be initiated by the User.

The Health Professional initiates Teleconsultation by establishing an audiovisual call with the User via a computer or a mobile device at the time of the Scheduled Appointment.

The Teleconsultation is performed by conducting an audiovisual call with the aim of initial assessment of the User’s state of health, assessment of symptoms related to a health problem and creation of a written document with a description of the anamnestic data obtained from the User during the provision of the service and containing a recommendation to the User for further diagnostic and therapeutic procedures and/or pharmacotherapy (and containing as well, if necessary, a private prescription for a medication, which private prescription is not in the CHIF pricing system).

The Health Professional determines the duration of the Teleconsultation.

The Teleconsultation is completed when the Health Professional ends the audiovisual call and issues the written document.

Written Consultation

The Health Professionals offer the Written Consultation service to the Users by enabling the Written Consultation service within MEDIION, according to their own capabilities.

The Users themselves choose a Health Professional who made the Written Consultation service available to Users.

The Written consultation is performed by User initiating the Written Consultation by sending a message to a Health Professional who made the Written Consultation service available to the Users, so the User and the Health Professional exchange text messages within MEDIION, with a limit of up to 500 characters per message.

At the moment the Health Professional agrees to provide the Written Consultation service, and after the User has sent the first message to the Health Professional, the Contract for the Provision of the Health Consultation Service is concluded between the User and the Partner. The Contract for the Provision of the Health Consultation Service is performed by the Health Professional on behalf of the Partner.

During the Written Consultation the User has the possibility to upload up to three files per message.

One Written Consultation can be conducted for only one health problem. The assessment of whether there is one or more health problems is carried out by the Health Professional contacted by the User for the provision of the Written Consultation service.

After the User has initiated the Written Consultation, the Health Professional has the right to refuse the provision of the Written Consultation service, to accept the provision of the Written Consultation service or to ask for additional clarification.

In the event that the Health Professional refused to provide the Written Consultation, the Health Professional is not entitled to compensation.

The Written Consultation is performed with the aim of initial assessment of the User’s state of health, assessment of symptoms related to a health problem and creation of a written document with a description of the anamnestic data obtained from the User during the provision of the service and containing a recommendation to the User for further diagnostic and therapeutic procedures and/or pharmacotherapy (and containing as well, if necessary, a private prescription for a medication, which private prescription is not in the CHIF billing system).

The Written Consultation is completed when the Health Professional issues the written document.

After the end of Written Consultation, the User can no longer send messages to the Health Professional as part of that particular Written Consultation, which is considered completed, but they can start a new Written Consultation.

4. Charging the Users for the provision of services by the Partners

The Services available via MEDIION are not in the billing system of the CHIF and cannot be provided based on a referral from the CHIF.

All the prices of all the Partner services available on MEDIION are available and published on MEDIION and are listed in local currency.

The Partners themselves set the price of their individual services.

The Partners have the right to charge the User the price of a particular service which is valid at the time of the conclusion of the Contract for the Provision of the Health Consultation Service.

From the moment the provision of a particular service has started until the completion of that service, the Partner cannot change the price of the service.

Upon completion of the service, the User pays the Partner a compensation for the service provided.

Upon completion of the service, the Company on behalf of the Partner issues a tax invoice to the User.

Payment is made by credit and debit cards, via secure payment interface. Charging includes verification by the Company, during the scheduling of the Teleconsultation appointment and before the User’s first text message to the Health Professional for the Written Consultation, of the validity of the card chosen as payment method by the User (but without payment reservation), and after the service provided, the payment is made via the card chosen by the User. The money collected from the User is credited to the Company’s account.

In the event that the payment from the User fails, the User receives the invoice with payment information and payment deadline in his or her User Profile on MEDIION and to his or her email.

The User is considered to have received the invoice at the moment it is uploaded into his or her User Profile on MEDIION.

5. Cancellation of the Scheduled Appointment

The User and the Health Professional can cancel the Scheduled Appointment up until the provision of the Health Consultation Service begins, without stating reasons for cancellation.

The cancellation of the Scheduled Appointment is carried out by following the instructions on MEDIION.

In the event of cancellation by the User, the User can make a new appointment according to the availability of the Health Professional.

In the event that the User does not cancel the Scheduled Appointment, or does not cancel the Scheduled Appointment in the way and within the deadline specified by these General Terms and Conditions, and, regardless of the above, is not available for the provision of the Health Consultation Service during the Scheduled Appointment, the Partner is considered to have performed the Health Consultation Service and the Partner has the right to charge for the Health Consultation Service provided.

If the Health Professional does not cancel the Scheduled Appointment in accordance with these General Terms and Conditions, and does not start the Teleconsultation during the Scheduled Appointment and/or is not available for the Written Consultation even though they have made themselves available for the Written Consultation through MEDIION, the Partner is responsible for all the damages and costs incurred by the User.

6. Rights, obligations and responsibilities of the User

When using the Health Consultation Service via MEDIION, the User has a general and equal right to quality and continuous health care, which is appropriate to their health condition, in accordance with the accepted professional standards and ethical principles, in their best interest and respecting their personal views. The Partner is responsible for exercising the aforementioned rights to the User.

The User has full rights as a patient pursuant to the Act on the Protection of Patients’ Rights, the Medical Profession Act and other legal regulations in force in the Republic of Croatia at the time of provision of the Health Consultation Service.

The User has the right to be ensured that all Health Professionals who provide the Health Consultation Service on behalf of the Partner via MEDIION have a valid and validated licence to practice in healthcare in his or her field of expertise.

The User has the right to have all Health Professionals who provide the Users with the Health Consultation Service comply, when providing the service, with the following principles in particular:

– continuous maintenance and improvement of the quality of services in the interests of health and social welfare of the User,

– maintaining and promoting trust between the Health Professional and the User,

– respecting the rights of the User,

– independent and professional practice and preservation and promotion of integrity and reputation of the medical profession,

– promotion of a dignified and responsible professional behaviour, by complying with regulations, professional standards and the code of medical ethics and deontology.

The User has the right for the Health Professionals, while providing services via MEDIION, to be independent in their actions, in accordance with scientific knowledge and professionally accepted methods that correspond to the current professional standards.

The User has the right for the Health Professionals, while providing services via MEDIION, to act in accordance with and within the scope of their specialty, i.e. subspecialty in which they are trained.

The User has the right to have the Health Professionals provide services via MEDIION in a manner to preserve human dignity, the integrity of the person and the rights of the Users as patients, and especially the right to be informed and to make autonomous decisions.

The User has the right to have the information available via MEDIION at all times about the content of health services provided by each Partner, the availability of the service, the way of delivering the service and the price of the service.

The User has the right to have the Health Consultation Service provided in a way that is understandable to the User.

The User has the right to, in case he or she is not satisfied with the Health Consultation Service provided, object to it within 48 hours from the end of the service.

The User has the right to receive a timely response to the complaint regarding the Health Consultation Service provided. A timely response is considered to be a response within 15 days from the User’s complaint.

The User acknowledges and is aware of the fact that not every health condition is suitable for using the Health Consultation Service via MEDIION.

The User acknowledges and is aware of the fact that MEDIION is not suitable for use in case of particularly severe and urgent symptoms. It is primarily the responsibility of the User to assess whether they are dealing with particularly severe and urgent symptoms.

Particularly severe and urgent symptoms in the event of which the User will not use MEDIION are, for example, but not limited to, the following symptoms: sudden breathing difficulties; foreign body asphyxiation; cardiac arrest, respiratory arrest; loss of consciousness; sudden chest pain; sudden increase or decrease in heart rate, feeling of irregular heartbeat; convulsions (cramps); difficulty speaking, body paralysis or weakness, facial distortion; sudden injuries; abnormally profuse bleeding from any of the natural openings of the body; burns; electric shock; lightning strike; hypothermia or heatstroke; drowning; drug or chemical poisoning; severe allergic reaction (suffocation, generalized body rash); sudden and severe (rapidly developed) headache.

The User is aware of the Partner’s right to refuse to provide the service after the Health Consultation Service has started if, based on a review of medical records provided by the User or based on the User’s description of their health condition or symptoms, the Partner determines that he or she is not qualified to provide the Health Consultation Service, or that it is advisable for the User to contact the emergency medical services directly or physically visit a doctor in the relevant area of expertise, because, for example, the User has severe and urgent symptoms that are not suitable for the use of MEDIION.

The User is aware of the fact that the use of MEDIION via the mobile application may cause additional costs that may be claimed from the User by the mobile operator or a third party.

In the event that the use of MEDIION via the mobile application is caused by the fault of the User, the Company shall not be responsible for it.

The User acknowledges and understands that the Health Consultation Service via MEDIION is not a substitute for a physical examination, nor is the use of MEDIION a substitute for seeking health care from a primary care physician.

The User undertakes not to disregard and/or ignore and/or act contrary to the advice of their primary care physician or other physicians due to information obtained via MEDIION by using the Health Consultation Service.

The Partner undertakes to enter in MEDIION all the data necessary to charge the User for the Health Consultation Service provided and for a tax invoice to be issued to the Users.

The User is responsible for providing accurate, complete and up-to-date information via MEDIION, as well as for providing all the necessary documentation for accurate provision of professional advice and opinion to individual Users.

In the event of any change in personal and other data entered on MEDIION, the User shall update them in MEDIION without delay.

The User is prohibited from presenting themselves in someone else’s name without their consent, impersonation, introduction of viruses, trojans, worms, spyware and anything that could threaten the system, rights and privacy of the Company and/or Partners, unauthorized data collection, any malicious use of services, attempt to gain unauthorized access to the accounts and passwords of other Users and/or Partners.

7. Rights, obligations and responsibilities of the Company

Any violation of the provisions of these General Terms and Conditions by the Partner gives the Company the right to unilaterally terminate the Contract for the Provision of the MEDIION Services and any further denial of provision of the MEDIION services.

The Company has the right to provide links and/or provide the Users with access to websites and resources of third parties on the Internet via MEDIION. The Company is not responsible for the content published on those websites, nor is it liable for any damage and/or losses which would be caused to the Users by such third parties in any way.

The Company has no right to provide and does not provide the Health Consultation Services, but rather the Company is a platform for mediation. The Company is not responsible and cannot guarantee the accuracy and the content of the Health Consultation Service which the Users use via MEDIION.

The Company has the obligation to provide all technological and organizational solutions needed for completely secure payment of the Health Consultation Service.

The Company is not responsible for the quality of the User’s IT equipment or the Internet and/or telephone connection that the User uses.

The Company is not responsible for the accuracy and completeness of the information provided by the User to the Partner, nor for the accuracy and completeness of the Partner’s views and recommendations.

The Company does not perform examinations, does not give recommendations, and the views and/or recommendations of the Partner are not the views and recommendations of the Company.

The Company is not responsible for the misinterpretation by the User of a recommendation given to him or her by the Partner.

The Company is not responsible for technical difficulties on the User’s end when connecting to MEDIION and the inability to use the Health Consultation Service due to early termination and/or difficulties in the work of external service providers such as Internet service providers.

The Company is not a representative of the Partners with whom the Users communicate via MEDIION and cannot make any legally binding statements on behalf of the Partners.

8. Rights of the Partner

The Partner and the Health Professionals acting on behalf of the Partner have the right to access in MEDIION the User’s personal data, including the personal data about the User’s health, which the User has, by their own decision, given to the Partner and the Health Professional.

The Partner has the right to allow the use of MEDIION also to certain administrative staff and non-health workers who, as associates of the Partner, participate and help the Partner in providing the services provided by the Partner via MEDIION.

The Partner has the right to refuse to provide the service after the Health Consultation Service has started if, based on a review of medical records provided by the User or based on the User’s description of their health condition or symptoms, the Partner determines that he or she is not qualified to provide the Health Consultation Service, or that it is advisable for the User to contact the emergency medical services directly or physically visit a doctor in the relevant field of expertise.

In the event that the User initially expressed their intention to use MEDIION, it is the Partner’s responsibility to make the final assessment and decision whether the health condition and symptoms described by the User are suitable for provision of the Health Consultation Service or whether it is more appropriate for the User to contact the emergency medical services directly or physically visit a doctor in the relevant field of expertise and the User has no possibility to influence the final decision of the Partner.

9. Professional and medical confidentiality

All data that the User shares with the Partner before, during or after the provision of the Health Consultation Service is strictly confidential, except in the event where the Partner is legally obliged to contact the competent services due to an imminent or potential threat to life or serious damage to the health of the User or third parties.

Everything that the Partner learns about the User who contacts them for the provision of the Health Consultation Service, and which is in connection with their health condition, falls under the scope of medical confidentiality and can only be disclosed by the Partner with the User’s approval, and in the case of their mental incapacity or death, with the approval of their immediate family, guardian or legal representative.

The Partner is obliged to file a report to the police or the state attorney’s office when, during the provision of the Health Consultation Service, they suspect that the death or physical injury of a person was caused by violence. The Partner is obliged to file the aforementioned report also when they suspect that the health of a minor or a vulnerable person is seriously threatened by neglect or abuse.

10. Prohibition of direct agreements

The User undertakes not to enter with the Partner or the Health Professional into direct agreement on the services that are the subject of the Health Consultation Service without the mediation of the Company via MEDIION.

The Partner is liable to MEDIION for damages caused by the violation of this provision of the General Terms and Conditions.

11. Confidential information

All data provided by the User to the Company, Partner and/or Health Professional are used exclusively for the purpose of providing the MEDIION services in compliance with the Privacy Policy.

When processing the User’s personal data via MEDIION, the Company and the Partner, as data controllers, undertake to fully comply with the provisions of the 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) and the Act on the Implementation of the General Data Protection Regulation (Official Gazette no. 42/2018).

While providing the Health Consultation Service to the User, the Partner and the Health Professional process personal data provided by the User by virtue of a legal obligation, i.e. in the practice of healthcare and for the purpose of providing health consultation services.

When providing the MEDIION services to the User, the Company processes only those personal data for which the User has given consent and for the purpose for which the consent was given, and those personal data that are necessary for the execution of the Contract for the Provision of the MEDIION Services.

The User shall keep his or her username and password confidential and shall not share them with anyone.

The User is responsible for maintaining the confidentiality of his or her password and is responsible for any damage, claims, losses resulting from the disclosure of the password caused by them.

The User shall prevent and is responsible for any misuse of his or her username and password.

The Company is authorized to block the User on MEDIION when they determine, based on the information available and at their own discretion, that there is a suspected misuse of confidential information by the User.

If the User suspects that any third party has misused or attempted to misuse their username and password, they shall notify the Company without delay (via the email referred to in these General Terms and Conditions) so as to enable appropriate measures to be taken.

The User acknowledges and agrees that the registration on MEDIION, as well as the uploading of any content and information to MEDIION is solely his or her responsibility.

The User is prohibited from providing incomplete, false or imprecise information to the Company and the Partner for the entire time of using MEDIION.

Right to unilateral termination of the Contract for the Provision of the Health Consultation Service

The User shall have the right to unilaterally terminate the Contract for the Provision of the Health Consultation Service without giving reasons, within 14 days from the date of the conclusion of the contract, pursuant to the Consumer Protection Act (Official Gazette no. 19/2022).

Before the lapse of the period for unilateral termination of the contract, the User is obliged to notify the Partner of his decision to terminate the Contract for the Provision of the Health Consultation Service by using the form for unilateral termination of the contract or by making any other unequivocal statement expressing his will to terminate the contract.

The User is not required to reimburse any costs incurred by exercising his or her right to unilateral termination of the Contract for the Provision of the Health Consultation Services.

In the event the User exercises his or her right to unilateral termination of the Contract for the Provision of the Health Consultation Services, the Partner shall, without delay, and no later than within 14 days from the day when they received the notice of the User’s decision to terminate the contract, reimburse the User for any amount paid by the User under the Contract for the Provision of the Health Consultation Services before the termination.

In the event the User unilaterally terminates the Contract for the Provision of the Health Consultation Service after having explicitly requested that the provision of the Health Consultation Service begin before the lapse of the period for unilateral termination of the contract, the User is obliged to pay the Partner a portion of the contract price which is in proportion with what has been provided by the Partner to the User until the moment the User has informed the Partner of the exercise of the right to unilateral termination of the Contract for the Provision of the Health Consultation Service. If the Scheduled Appointment is taking place within 14 days of the conclusion of the Contract for the Provision of the Health Consultation Service it is regarded as explicit request that the provision of the Health Consultation Service begin before the lapse of the period for unilateral termination of the contract.

The User has no right to unilaterally terminate the Contract for the Provision of the Health Consultation Service if the contract has been fully performed by the Partner, and the performance began on the User’s explicit request and with his or her acknowledgement about the loss of the right to unilateral termination of the contract upon full performance of the service.

13. User complaints

The User has the right to file complaints to the Company in writing, by directing them to the email address specified in these General Terms and Conditions. A complaint may also refer to the service provided by the Partner to the User.

Filing a complaint by no means implies that the User has the right to request a reimbursement of the fee paid for the Health Consultation Service provided.

The complaint processing procedure is confidential, i.e. the Company shall not give insight into the content of the User’s complaint to third parties.

14. Technical complaints

In the event the User has complaints about the performance of the MEDIION platform, he or she may file them to the Company via the email specified in these General Terms and Conditions no later than 48 hours after the reason for the complaint arose.

The User is aware of the fact that technical difficulties in the functioning of MEDIION are objectively possible, and the Company undertakes to eliminate them within the shortest possible time.

The Company shall not be responsible for difficulties in the work of external Internet service providers or payment processing service providers, nor for technical difficulties experienced by the User when connecting at the time of the Scheduled Appointment.

15. Intellectual property

All copyrights, registered trademarks and other intellectual property rights in relation to all materials or content provided within MEDIION belong to the Company at all times or to those who grant the Company permission to use them.

Subject to the User’s compliance with these General Terms and Conditions, the Company grants the User a personal, non-exclusive, non-transferable, irrevocable license which cannot be sublicensed, for the User to install and/or use MEDIION exclusively for their own need and to access and use the information available through the application.

Unless expressly permitted, the license holder may not:

– modify or create any derivative work of any part of the software or documentation, including translation or localization;

– copy the software;

– sublicense or allow the use of the software or the personal license to other users;

– attempt to decompile or disassemble the source code of any part of the product in any way.

It is prohibited, under any circumstances, to:

– remove or modify any trademark, logo, copyright or other protected notices, legends and symbols in the product;

– take and publish any screenshots of the software’s user interface, user workflow or any other graphical material of the online user interface, thus sharing it with the public or third parties without the Company’s prior written consent;

– publish any results of tests run on any part of the software/MEDIION to a third party without the prior written consent of the Company.

16. Applicable law and potential disputes

In the event of a dispute, the parties shall try to resolve it amicably.

The law of the Republic of Croatia applies to the relationships between the User and the Company and the User and the Partner, and in the event of a dispute, the parties agree to the jurisdiction of the competent court in Zagreb.

17. Management and storage of medical records

The User is aware of the Partner’s obligation to maintain accurate, comprehensive and dated medical records in accordance with the regulations on records in the field of healthcare, which can at any time provide sufficient information about the User’s health and treatment. The Partner is obliged to present these records to the ministry responsible for health, state administration bodies, the Croatian Medical Chamber or the judicial authority upon request.

The Partner is obliged to keep the data on the outpatient treatment of the User pursuant to the statutory obligation.

18. Limitation of liability

The Company’s liability for the services available to the User via MEDIION is strictly limited to the amount that the Partner claims from the User for providing the Health Consultation Service.

19. Termination of the Contract by the User

The User may cancel the Contract for the Provision of the MEDIION Services at any time, by deleting the account from MEDIION.

The User may delete the account from MEDIION at any time, which is regarded as cancellation of the Contract for the Provision of the MEDIION Services by the User. In such a case, at the moment of deleting the account the User loses the possibility to use MEDIION, but this does not end his or her obligation to pay the amount due for the Health Consultation Services received.

By cancelling the Contract for the Provision of the MEDIION Services, the User confirms that the Company has duly complied with all obligations towards the User and the User waives all claims against the Company.

In the event that, at the time of cancellation of the Contract for the Provision of the MEDIION Services by the User, the provision of the Health Consultation Service (Teleconsultation or Written Consultation) to the User who cancels the contract is in progress, the provision of the service is terminated.

All Scheduled Appointments and all reservations made by the User who cancels the Contract for the Provision of the MEDIION Services are cancelled.

The User may cancel the Contract for the Provision of the Health Consultation Service, up until the provision of the Health Consultation Service begins, without giving reasons for the cancellation.

The cancellation of the Scheduled Appointment is carried out by following the instructions on MEDIION.

20. Force majeure

Force majeure is an extraordinary external event that occurred after the conclusion of the Contract for the Provision of the MEDIION Services, and before complete performance of the contract, which could not have been foreseen at the time of the conclusion of the Contract for the Provision of the MEDIION Services, nor could it have been prevented, avoided or eliminated by a contractual party, and for which neither contractual party is responsible.

The contractual party that is affected by force majeure is obliged to notify the other contractual party about it no later than within 3 days from the occurrence of such an event.

The period for performance of the Contract for the Provision of the MEDIION Services is extended for as long as force majeure lasts, subject to prior notification referred to in paragraph 2 of this Article.

In the event the performance of the Contract for the Provision of the MEDIION Services is delayed for more than 90 days due to force majeure, the contractual parties may agree on a new period for performance of the contract, or declare termination of the Contract for the Provision of the MEDIION Services.

The contractual parties agree that they waive their right to demand termination of the Contract for the Provision of the MEDIION Services and/or its amendment by reference to the following changed circumstances: inflation, decline in revenue, loss of customers and/or Users, strikes, natural disasters, war and hostilities, political risks (rebellions), terrorism, decisions of authorities, nuclear disaster, epidemic, pandemic.

21. Final provisions

The General Terms and Conditions remain in force until terminated by the Company.

The Company may terminate the General Terms and Conditions at any time and without prior notice to the User, and may also withdraw from providing the MEDIION service at any time.

The General Terms and Conditions may at any time be changed and/or amended by adding new provisions, of which the User will be notified by the Company. Continuation of use of MEDIION after amendments to the General Terms and Conditions is considered as acceptance of the application of the amended General Terms and Conditions.

If any provision set out in these General Terms and Conditions should prove to be void, this will not affect the validity of the other provisions, and the validity of the General Terms and Conditions as a whole. In such a case, the General Terms and Conditions remain valid and in force, and the Company undertakes to replace the void provision by a valid one, which will enable the realization of the purpose for which these General Terms and Conditions were adopted.

These General Terms and Conditions take precedence over any prior or existing agreements or other forms of communications, proposals, whether oral or in writing.

The Company shall update the changes made to the General Terms and Conditions on MEDIION in a timely manner.

The User is obliged to get acquainted with the applicable version of the General Terms and Conditions.