General Terms and Conditions – for health consultancy contract
The GENERAL TERMS AND CONDITIONS (henceforward abbreviated as: GTC) shall be applied for the individual health consultancy contract, which was concluded between the BARZÓ-MEDICAL Health Consultancy Limited Liability Company, henceforward referred to as Consultant, and the consulting, as Customer (hereinafter jointly referred to as: Parties) unless otherwise stipulated in writing by the Parties. This GTC are part of the individual consultancy contract.
The Consultant carries out his activities primarily with the personal participation of Prof. Dr. Pál Barzó.
This SCT is effective and applicable from 1st of April, 2021.
1. General data, contact of the consultant
- Name of the Consultant: BARZÓ-MEDICAL Health Consultancy Limited Liability Company
- Headquaters: 6721 Szeged, Római körút 8. 4/8.
- Company registration number: 06-09-026694
- Tax number: 29138867-1-06.
- Representative: Dr. Barzó Pál executive
- Phone number: +36 30 692 5050
- Email address: email@example.com
- Webpage: www.barzopal.hu
2. The creation of the individual consultancy contract
The legal relations of the Parties arising from the consulting contract shall be governed by the relevant provisions of Act V of 2013 (the Civil Code), the Health Act and other connecting provisions of the relevant health legislation, professional guidelines and, in the case of their absence, the guidelines of methodological guidance and professional rules, and in the absence of all of this, the professional requirements published in the widely accepted literature shall fill the established legal relationship with content.
The Consultant have the necessary permits to provide consultancy, as well as the personal and material conditions specified in the relevant health legislation. The doctor who personally assisting in the care provides the advice with maximum care and prudence, in adherence of professional and ethnical rules, guidelines and the effective legislations.
Customer can be any natural person with legal capacity. In the case of a minor Customer with limited legal capacity (at the age of 14), the consent of the legal representative is required to use the consultancy. A person who is incompetent or has limited legal capacity can also use the consultancy service with the legal representative, in accordance with the provisions of the Health Act.
Parties fix that the Customer acknowledges and accepts that by using the website and its menu items indicated in the point 1.9 with the expressed consent (s)he accepts and acknowledges, that the contractual relationship is established between the Customer and the Consultant with the abovementioned activities, in respect of which the provisions of this General Terms and Conditions – or the current form of the General Terms and Conditions available on the website referred to in the 1.9 point – are binding, and their provisions are obligatory on the contracting parties.
The service which can be purchased online at the www.barzopal.hu webpage is an online medical consultation and advice. The online medical consultation service is a written medical consultation provided as part of an online consultation. Within the framework of the online consultation via the www.barzopal.hu webpage, the Consultant provides health consultation in the discipline of out-patient neurosurgery care, in which he is entitled to provide health care services as well, and for which he has an official permit. The online medical consultation and advisory service is not a substitute for a specialist medical examination or other health care service (especially a diagnostic examination). As part of the online consultation and advice, the doctor does not make a diagnosis or provide medical treatment. In the case of emergency, it is strongly recommended to call the ambulance service and/or visit a state emergency care center. If the online ordered service via the www.barzopal.hu (online medical consultation and advice) is not used, performed or terminated for any reason that arises in the Customer’s interest, the Consultant will use the paid amount to compensate for the damage caused by the costs incurred.
The process of online ordering and purchasing of the advice and consultancy:
- Customer logs in to the barzopal.hu webpage;
- chooses the service (online medical advice and consultancy;
- provides the relevant data for ordering the advice and consultancy and for the contact, and the further information for contact, patient identification and for consultation, upload the relevant personal medical records, other documents, with special regard to the recordings made during the diagnostic procedures e.g., MR, CT, rtg. (finding is not enough!);
- customer can review all the details required to order the consultancy service (deadline for online written consultation and advice, name of the service, and name of the consulting doctor);
- by clicking the go to cart button, you can fill in the billing address and information;
- by accepting the GTC and the Data protection policy you can start the payment process of the service by clicking the “Next” to the purchase button;
- the barzopal.hu webpage sends a confirmation email.
3. The supply process
3.1. The conclusion of the contract
To fill in the necessary form for concluding the health consultancy contract, and to accept and conclude its contents is obligatory, in the absence of this the use of the service cannot be started.
In order to perform professionally and in accordance with the contract, the contract is established by the filing of the form and giving the data and findings – especially MRI, CT, X-ray – uploaded on the Consultant’s website by the Customer.
The Consultant declares, and the Customer acknowledges and accepts the use of the service, that the Customer shall be responsible for the authenticity of all data and information provided by him/her and their content, for which the Consultant does not accept any responsibility.
Customer agrees that, in accordance with the rules of the medical profession, the evaluation of additional test results indicated during the consultation shall take place within the framework of a separate, new order.
The evaluation of the medical documentation sent by the Customer and the medical advice will be sent to the Customer in the following way: by post or by email as an encrypted attachment, if it is necessary (if the patient’s interest requires is) by telephone. In case of suspicion of a life-threatening illness, the Customer can receive information on the personal telephone number provided on the personal data collection form, after the identity verification and personal identification, in this case the Consultant will try to reach the Customer by phone, including SMS, no more than twice.
3.2. Customer identification
In order to use the service, the Customer must provide the required personal identification data (surname and first name, birth name, place and date of birth, mother’s name, address, social security number, phone number, email address) to the Consultant during the filling of the formula, in order to identify the Customer. The Consultant processes the Customer’s personal data in compliance with the relevant legal provisions and the provisions of the GDPR Directive, in accordance with the rules contained in the separate Data Protection Policy. In the case of refusal to provide the required data, the use of the service cannot be started.
3.3. Date of the service
The prior registration/log in and prior payment is required for the use of the service.
The Consultant is allowed to change the time of the service at any time, but he must immediately notify the Customer about it, who is entitled to withdraw from the service as a result of the change.
3.4. Health consultancy
The Customer shall prior inform the doctor about all relevant data, information, circumstances and facts, which are necessary and justified to obtain the medical history, including, but not limited to, the previous and current illness(es), possible surgeries, previous and existing other treatment(s), medicines taken by the Customer, health risk factors, and sensitivity to the components of certain medicines.
If it is necessary, the medical Consultant will also ensure and help in the proper examination of the Customer. Depending on the findings of the examination, the Customer will be provided with appropriate advice or referred to a health care provider with appropriate material and personal conditions.
The Consultant fixes that in case of certain unforeseen circumstances, the doctor appointed in this contract to personally assist may be prevented from performing the contract personally. In this case, the Consultant undertakes to contact the Customer immediately after becoming aware of the impediment of the doctor appointed by him via one of the contacts provided by the Customer and informing him/her about the impediment of the given doctor, the identity of the substitute doctor and about the acceptance by the Customer.
If the Consultant is unable to provide a substitute doctor or this person is not accepted by the Customer, the parties are obliged to agree on a new date for the performance of the service and the deadline of the consultation. The Customer cannot claim any compensation for changing the deadline for the abovementioned reason. The Consultant is not obliged to conclude a contract or maintain one.
The Consultant is entitled to suspend the service named in the Contract with immediate effect or, at its discretion, to terminate the Contract with immediate effect if
- a) the Client fails or delays in fulfilling the payment obligation; or
- b) the Client wishes to obtain an undue advantage by ordering the health consultancy, or
- c) does not intend to use the health consultancy and services for the recovery of the own or a close relative; or
- d) in his opinion, the Customer does not cooperate properly in order to perform the service effectively and in accordance with the contract, e.g., fails the information obligation or fails to fully comply with its obligation to provide information by withholding such information which is relevant to the proper performance of the contract.
3.5. Health and medical records
The Consultant shall record a medical history sheet of the Customer’s state of health (eg Medical history) and shall make digital notes of the consultation provided by him.
The Customer confirms that the written advice happened and (s)he has read its content in detailed by sending the registration which is available on the website of www.barzopal.hu.
3.6. Duty of cooperation
The Parties shall be required to cooperate under the Health Consultancy Agreement. The Customer is obliged to cooperate with the Consultant (the Consultant’s doctor, employees, participants in the care) during the use of the service.
The Customer is obliged to provide the Consultant with all the relevant information concerning his/her health condition in connection with the use of the service. The consulting doctor or healthcare professional shall inform the Customer in the knowledge of the information carefully, if necessary gradually, and taking into account the Customer’s condition and circumstances.
The Customer is obliged to pay a fee for the service. In return for the service, the Customer is obliged to pay the current fee for the service to the Consultant calculated on the basis of the information in force which is published on the Consultant’s website or exceptionally is specified in an individual price offer.
The fee is paid prior to the consultation such as a condition, by transferring the amount to the Consultant’s bank account number.
Reimbursement of the prior paid fee is possible only in the case of a serious breach of contract of the Consultant or of force majeure.
The Consultant is allowed to unilaterally amend the current consultancy fee.
The Consultant is obliged to publish the fact of the change of fee and the valid fee schedule on the webpage prior to the change enters into force.
The fee modified by the Consultant shall not be applied to the already ordered medical advice by the Customer on the basis of and within the framework of the already concluded Consultancy Contract.
5. Withdrawal from the contract, termination of the contract
The Customer can withdraw from the online medical advice and consultancy service if (s)he nitifies the withdrawal intention in writing to the email address firstname.lastname@example.org, but only until the date of the beginning of the consultation and advice and the examination of the submitted data and findings and only from the given email address which was provided during the registration process. The cancelling intention can only be notified from the email address provided during the order process and only in an electronic form. Otherwise, the paid fee for the online medical consultation service will not be refunded. In this case, the Customer is entitled to request a refund of the consultancy fee or a proportionate part of it (after deducting the value of the working hours spent to the studying of the uploaded data, pictures and documents).
The Customer acknowledges by sending the order and by accepting this GT, that after using the online medical consultation and advice, according to the relevant legislation, (s)he loses the right of termination, and it cannot be exercised.
The Customer can exercise the right of withdrawal/termination by sending a clear statement to the Barzó-Medical LLC via email to the email@example.com
The Consultant shall refund the previously paid fee to the bank account provided by the Customer within fourteen days of becoming aware of the withdrawal.
The services of the Consultant are used on the basis of the Customer’s individual intention and decision. By completing the registration and accepting the consultancy contract for consultation and advise, the Customer acknowledges that health consultancy also have risk, and that all risks for which neither the doctor nor the Consultant can be held liable shall be borne by the patient. The course and duration of recovery can be various or different from the average for each Customer.
The Consultant shall not be liable for the consequences which are arising from the breach of the Customer’s obligations arising from the consultancy contract, including the GTC.
The Consultant shall take all necessary steps during the care to ensure the statutory or other professional rules, in particular professional guidelines reflecting the current state of science and evidence-based, or, in their absence, substantiated, widely accepted literature or professional consensus. Furthermore, he takes all necessary steps to ensure the service can be provided professionally and effectively using the available resources.
The Consultant shall not be liable for any deficiencies in the data provided or subsequently amended by the Customer (including information related to the Customer’s state of health), or for any consequences arising from the data provided incorrectly.
The Consultant will make every effort to ensure the continuity of the service but shall not be liable for errors and consequences which are emerged beyond his control, in particular, but not exclusively, for blackout in internet service, other technical errors, shutdown, behaviours that violate the security of information systems, errors and consequences caused by destructive applications, programs, viruses placed by others.
7. Processing of personal data, data protection, patients’ rights
In order to use the service, the Customer is obliged to provide to the Consultant at least the following data by filling the form on the website: surname and first name, birth name, place and date of birth, mother’s name, address, Social Security Number, phone number, email address. For the conclusion of the consultancy contract and establishing the Customer’s identity, the Customer consents to the processing of the relevant data by the Consultant.
The Consultant is committed to the highest level of the protection of the Customer’s data in accordance with the legislation. The Consultant publishes the Data Protection Policy on the website.
The Consultant shall process the data management based on the prior consent of the Client in every case and in full compliance with the provisions of the applicable legislation, in particular with the Act CXII of 2011 on Right of Informational Self-Determination and on Freedom of Information (Info. Act.) and the Act XLVII of 1997 on the protection and processing of data concerning health and the connecting personal data.
8. Other provisions
The Customer is entitled to the full range of information and advice provided in an individualized form. The Consultant provides information and advice in Hungarian or as it is required, in English, German, Russian and Romanian.
If, on the grounds of the Customer’s request, an interpreter is used for information and advice, the selection and assignment of this person is the task and responsibility of the Customer and the Customer is obliged to bear the fees and costs. The Consultant shall not be liable for the conduct and activities of the interpreter.
By acknowledging the written documentation and/or receipt of the invoice containing the advice and information prepared and compiled for him, the Customer acknowledges that (s)he has received the required and appropriate, satisfactory information and advice from the Consultant or the person who is acting on his behalf (doctor).
9. Complaint handling
Complaints handling related to the online medical consultation and advice service purchased on the www.barzopal.hu webpage is possible as follows.
In case of a written complaint: via email to the firstname.lastname@example.org
A Customer who qualifies as a consumer may contact the Consultant with a consumer complaint regarding the online medical consultation and advice service which can be purchased online via the contact information mentioned in the GTC or can file a complaint to the Csongrád County Arbitration Board (6721 Szeged, Párizsi krt. 8-12.).
10. Closing provisions
In the case of the GTC or any part or provision of the Contract be or become invalid or unenforceable, this shall not affect the validity of the GTC or the rest of the Contract. In this case, through an (even additional) interpretation, the regulation(s) are valid which best meet the economic objectives of the invalid or unenforceable provision(s). In the event of such an interpretation would be impossible on legal grounds, the Parties irrevocably undertake themselves to conclude (an) additional Contract(s) in the spirit of these rules.
The regulation contained in the previous paragraph are valid and shall be applied to any regulatory gaps that can have arisen during the enforcement or interpretation of the GTC or the Contract.
The Consultant is entitled to unilaterally amend the GTC at any time, but he is obliged to publish the fact of the amendment and the amended GTC on the website. The amendment of this GTC does not affect the previously concluded Medical Consultancy Contract.
The Parties shall appoint the exclusive jurisdiction of the court in which the Consultant is domiciled in such disputes which are arising from or in connection with the Contract, in particular to the breach, existence, validity or interpretation of the Contract.
In the issues not regulated in the GTC, the Act V of 2013 on the Civil Code and the Act CLIV of 1997 on Health Care and the provisions of the effect Hungarian legislation shall be applied.