GENERAL TERMS AND CONDITIONS FOR THE PROVISION OF HEALTH SERVICES

1. GENERAL PROVISIONS

1.1. These general terms and conditions for the provision of health services (hereinafter the Terms and Conditions) regulate the rights, obligations and responsibilities of the client and the health service provider in the provision of health services (hereinafter the Services) at the HAPPY AGING Tallinn clinic.

Advancer OÜ (registry code 11121847, activity license for the provision of specialised medical care L05253, hereinafter the Clinic) provides health services at the HAPPY AGING Tallinn clinic. These Terms and Conditions are an integral part of the contract for the provision of a health service (hereinafter the Contract) between the Clinic and the client (hereinafter the Patient).

2. PROCEDURE FOR PROVIDING SERVICES

2.1. To receive the Clinic’s Services, the Patient makes an appointment at the Clinic by phone or email, at the reception desk of the Clinic’s place of business, or in another way that the Clinic makes available to Patients for making appointments (e.g. online booking). The Patient is registered to receive the Service once the Clinic has provided the Patient with a confirmation to that effect.

2.2. The Patient may cancel their visit up to 48 hours before the scheduled appointment. If the Patient cancels a visit less than 48 hours before the scheduled appointment, the Clinic may charge the Patient a contractual penalty in accordance with Article 7.7 below.

2.3. Before receiving a Service, the Patient is required to fill out the patient screening questionnaire. When filling out the questionnaire, the Patient must provide true and complete information about their state of health. The Patient is required to disclose to the healthcare professional providing the Service also other important information about their state of health, which is not reflected in the screening questionnaire.

2.4. The Service may be provided to the Patient only after the Patient has signed an

informed consent form. Before signing, the Patient is given an overview of the content and risks of the Service, taking into account the Patient’s state of health. The Clinic has no obligation to explain to the Patient well-known or very rarely occurring dangers and risks, the existence of which the Clinic is currently unaware of, even if their existence becomes clear later.

The Patient may request information from the Clinic about the availability, nature and purpose of the Services, as well as the risks and consequences associated with their provision, in a form that can be reproduced in writing. If the Patient refuses to receive the said information, the Clinic may withhold the information only if this does not harm the legitimate interests of the Patient or any other persons.

3. RIGHTS AND OBLIGATIONS OF THE CLINIC

3.1. The Clinic has the right to:

(a) demand from the Patient true and complete information about the Patient’s state of health;

(b) establish house rules that regulate the conduct of Patients at the Clinic’s place of business, and require Patients to comply with it;

(c) change the appointment booked by the Patient due to reasons arising from the organisation of work at the Clinic or other reasons, by contacting the Patient as soon as possible and offering the Patient a new appointment;

(d) terminate the provision of the Service to the Patient if it appears that the Service is contraindicated for the Patient or if, in the Clinic’s opinion, the provision of the Service does not meet the Patient’s interests based on medical considerations;

(e) receive payment for the provision of the Service in accordance with the price list or in accordance with a special agreement with the Patient.

3.2. The Clinic agrees to:

(a) provide the Service in accordance with the general level of medical science at the time of providing the Service and the level of diligence normally expected of the Clinic, and in accordance with the requirements for the provision of Services set forth in legislation;

(b) inform the Patient about the results of their examination and their state of health, any illnesses identified and their course, the availability, nature and purpose of the necessary health services, the risks and consequences of providing such services, and of other possible health services. At the Patient’s request, the Clinic will provide such information in a form that can be reproduced in writing;

(c) inform the Patient about any restrictions applicable before, during and after the provision of the Service, which are of significant importance to and affect the result of the provision of the Service;

(d) properly document the provision of the Service to the Patient and store the relevant documents in accordance with the procedure and under the conditions provided by law.

(e) maintain the confidentiality of the Patient’s personal data, including data on the Patient’s state of health, which became known to the Clinic during the provision of the Service;

3.3. The Clinic does not guarantee the recovery of the Patient, the success of the Services or that the result of the Service

will fully meet the Patient’s expectations.

4. RIGHTS AND OBLIGATIONS OF THE PATIENT

4.1. The Patient has the right to:

(a) receive information about the nature and risks of the Service and about other necessary health services. The information can be provided orally or, at the Patient’s request, in a form that can be reproduced in writing;

(b) receive information about the results of the medical examination and the state of health of the Patient established during the provision of the Service, as well as about any illnesses identified and their course;

(c) specify persons who have the right to receive information about the Patient’s health;

(d) examine the documents prepared for the provision of the Service and receive copies of these documents at the Patient’s own expense, unless otherwise provided by legislation. The Patient submits an application to obtain a copy of the documents.

4.2. The Patient agrees to:

(a) disclose to the Clinic, to the best of the Patient’s knowledge, all the circumstances necessary for the provision of the Service and provide the assistance the Clinic needs to perform the Contract;

(b) provide the Clinic with true and complete information about their state of health, including all information about the health services previously provided and the medications used;

(c) appear for the appointment at the time agreed with the Clinic, presenting a photo identification document;

(d) strictly comply with the instructions given during the provision of the Service;

(e) immediately inform the Clinic about any complications resulting from the Service and contact the Clinic for further consultation;

(f) pay the Clinic a fee in accordance with the Contract and Chapter 5 of the General Terms and Conditions;

(g) comply with the house rules of the Clinic and take into account the rights and interests of other patients.

5. FEE

5.1. The Patient agrees to pay the price of the booked or agreed Service to the Clinic’s account or at the reception desk at the Clinic’s place of business in advance and no later than on the day the Service is provided.

5.2. Unless otherwise agreed in a form that can be reproduced in writing, the price of the Service is determined based on the price list of the Clinic that is valid at the time the Service is provided and available at the Clinic’s place of business and on the Clinic’s website.

5.3. The Clinic has the right to change the price list unilaterally. The changes will come into effect once the price list is published at the Clinic’s place of business and on the Clinic’s website. Changes to the price list will not affect those Patients who made a reservation before the price list came into effect.

6. PROTECTION OF PERSONAL DATA

6.1. The Clinic processes the Patient’s personal data in accordance with the applicable legislation and the Clinic’s privacy policy.

6.2. The Clinic and the persons participating in the provision of the Service agree to keep confidential the information about the Patient’s identity and state of health that became known to them during the provision of the Service or during the performance of their job duties. They also ensure that the documented information about the Patient will not become known to outsiders, except with the Patient’s consent. The duty of non-disclosure may be deviated from to a reasonable extent if the non-disclosure of information may cause the Patient to significantly harm themselves or other persons.

7. LIABILITY

7.1. The Clinic and the healthcare professional participating in the provision of the Service are only responsible for a breach of their obligations if the breach is caused by the fault of the Clinic or the healthcare professional, i.e. by negligence, gross negligence or intentionally. The Clinic and the health care professional are primarily responsible for diagnosis and treatment errors and for a breach of the obligation to notify the Patient and obtain the Patient’s consent, as well as for the actions of the persons assisting the health care professional and faults in the equipment used in the provision of the Services.

7.2. The Clinic is not responsible for the Patient’s loss of income or non-pecuniary damage.

7.3. The Clinic’s liability is financially limited to three times the amount paid under the Contract.

7.4. Exclusions and limitations of liability do not apply to intentional breaches and breaches caused by gross negligence.

7.5. The Clinic is not responsible for damage if the Patient failed to comply with the instructions given by the Clinic or a healthcare professional before, during and after the provision of the Service, follow-up treatment instructions or other obligations of the Patient relevant to the provision of the Service.

7.6. The burden of proof of the facts serving as the basis for the liability of the Clinic and the persons participating in the provision of the Service lies with the Patient, unless the provision of the Service to the Patient is not properly documented.

7.7. If the Patient cancels the Contract or cancels a visit less than 48 hours before the scheduled appointment, the Clinic may charge the Patient a contractual penalty of 20% of the price of the Service. The Clinic does not have the right to charge the Patient a contractual penalty if the Patient cancels a visit due to the reason that, prior to the provision of the Service, it becomes evident that the Service is contraindicated for the Patient or, based on medical considerations, the provision of the Service does not meet the interests of the Patient. The Clinic has the right to charge the Patient a contractual penalty of 80% of the price of the Service if the Patient fails to appear to receive the Service at the agreed time.

8. EXPIRY OF CONTRACT

8.1. The contract expires when the provision of the Service ends. The provision of the Service also includes all activities following the provision of the Service that have been performed by the Clinic for the purpose of providing the Service or that the Patient has agreed to perform (including following the Clinic’s instructions).

8.2. The Contract expires when the Service is taken over by another health care provider or if a party cancels the Contract.

8.3. The Patient may cancel the Contract at any time. If the Patient cancels the Contract less than 48 hours before a scheduled appointment, the Clinic may charge the Patient a contractual penalty in accordance with Article 7.7 of these Terms and Conditions.

8.4. The Clinic may cancel the Contract (or, alternatively, unilaterally demand a postponement of the provision of the Service) for good reason, which prevents the Clinic from continuing the Service under the existing circumstances, especially if:

(a) the Patient is late in paying for the Service;

(b) the Patient violates the contract or fails to comply with the Clinic’s instructions;

(c) the Patient violates the obligation to provide information, or the Clinic has a justified reason to assume that the Patient has provided false information, or if the Patient otherwise fails to meet their obligation to contribute to the provision of the Service;

(d) the Patient arrives at the appointment in an intoxicated state, in an inadequate state or does not obey the Clinic’s orders for any other reason;

(e) based on medical considerations, in the Clinic’s opinion, the provision of the Service does not meet the Patient’s interests;

(f) the Patient has failed to appear for a booked appointment two or more times without following the applicable rules.

8.5. The expiry of the Contract does not release the Patient from the obligation to pay for Services already provided. Similarly, the expiry of the Contract does not affect the validity of those parts of the Terms and Conditions that by their nature remain in effect even after the end of the Contract, in particular Articles 5, 6, 7, 8 and 9.

9. FINAL PROVISIONS

9.1. The Contract and agreements between the Clinic and the Patient are subject to Estonian law.

9.2. Any disputes between the Clinic and the Patient arising from the Contract or related to the provision of health services will be settled in the courts of the Republic of Estonia, unless the Clinic and the Patient reach an agreement through negotiations.

9.3. The Clinic may unilaterally amend these Terms and Conditions at any time due to changes in legislation or changes in the content of the Clinic’s services or changes in the Clinic’s business model. The Clinic makes the amended Terms and Conditions available at the Clinic’s place of business and on the Clinic’s website, and informs the Patient about the changes in a written form or a form that can be reproduced in writing. The Terms and Conditions valid at the time of providing the Service are applied to the provision of the Service.