Terms of use - Happi
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Terms of use

1. APPLICATION OF THE TERMS OF USE These Terms of Use apply to the Happi Health service, application or other service or application (hereinafter referred to as the “Service”) provided by N Health Technology Oy or any company belonging to the same group of companies as N Health Technology Oy (“Company”). Use of the Service is subject to the registered user (the “User”) accepting and agreeing to be bound by these Terms.

In addition, the User accepts and agrees to comply with the terms of use of the Company’s website when using the Service.

You should read these Terms of Use before using the Service.

2. REGISTRATION TO THE SERVICE The service is personal. You must log in to the Service using your name and other personal information. You are responsible for ensuring that the information you provide to the Service is accurate and up-to-date.

The password/password used to log in to the Service is personal and should be kept carefully. The User shall not disclose the password to any third party unless the third party is authorised to log in to the Service or Services on behalf of the User. The User is solely responsible for the correct use of the username/account on the Service and for the use of the account in accordance with the Terms of Use.

The Company has the right to refuse to accept the user to the service and thus to refuse to continue the service or to provide the service (or part of it).

3. RIGHT TO USE THE SERVICE

The Company has the right to review a person’s right to use the Service at any time. The Company may deny the User’s right to use the Service, for example, if it is unclear whether the User is the same person who activated the Service at the time of registration or if the Service is used against the will of the data subject (for example, theft or other mobile phone abandonment situations).

4. PURPOSE AND USE OF THE SERVICE The purpose of the Service is to review and manage user information and to provide the service of various treatment programs to the customer in a secure manner. The Care Programs allow the User to communicate with Company employees or representatives of subcontractors and to receive other material via the application/service. In addition, the Service may enable the management of appointments and remote consultations between the User and a professional provided by the Company.

The User may store and process information relating to their health and well-being on the Service, including the results of exercises in treatment programmes and discussions with professionals.

The User is responsible for the correctness of the information stored in the Service, and undertakes to notify us if there are any omissions or errors in the information. The information entered by the User is not necessarily available to professionals and the User should not assume the automatic transfer of any material information within the Company or to external service providers, even if this is the User’s intention.

At the User’s request, a Company healthcare professional may review the information provided by the User to the Service and make an assessment of the relevance of the information as part of the treatment. Since the information provided by the User to the Service may not be known to the Company and its employed health care professionals, the User should ensure that he or she informs the health care professionals involved in his or her care of these matters, whether or not they are employed by the Company.

The Service may contain useful information targeted to the User regarding the User’s health, opinion and other surveys and information about the Company’s services. The Service may include marketing of the Company’s services and those of its partners.

If the User receives any information or indications of information through the Service that cannot be assumed to belong to the User, the User shall delete such information and notify the Company without delay so that the Company can investigate the cause of the leak and take action.

5. REMOTE RECEPTION Remote reception means that a reception-type transaction takes place, for example, via video over the internet or by mobile phone. Remote access always requires the patient’s informed consent, and the professional must assess whether remote access is appropriate for the service to be provided and for the client.

If the User uses remote access functionality that allows interaction between a professional (e.g. a therapist) and the User, it is the User’s responsibility to ensure that they have technically compatible connections, devices and browsers at their disposal. The requirements are set out on the company’s website.

It is also the user’s responsibility to take care of the protection of personal and patient data, for example by choosing a sufficiently private space for remote consultations and also by taking into account the sensitivity of information provided orally. If, due to circumstances, the client is unable to provide information in the remote consultation room, the remote consultation must be postponed or cancelled.

Information about the User obtained during the remote consultation will be stored in the Company’s customer and patient register if required by applicable law.

6. FEES AND OTHER CONTRIBUTIONS Use of the Service may be for consideration, either by the User paying for the Services directly or, alternatively, by the User’s employer paying the Company for the Services. The prices and pricing criteria for paid services will be disclosed when the User activates a function where the payment is charged to the User himself/herself. In other cases, the chargeable transactions and the price list are set out in the agreement between the Service Subscriber and the Company.

The service may charge the user immediately or afterwards, depending on the content of the service. The billing method is explained in the context of the introduction of the paid services.

The Company has the right to later collect the direct compensation from Kela for the User’s services, if Kela does not later reimburse the Company.

The payment intermediary for the service is Fipla Oy, which works in cooperation with Finnish banks and credit institutions.

The User is responsible for the costs incurred by him/her in using the Service.

7. THIRD PARTY SERVICES The Service may use or provide third party services or links to third party services. The User may use third party services but the Company is not a party to the agreement or responsible for any information transmitted or provided by the User and the third party. The User may, with his/her consent, allow the transfer of his/her own personal data and other information from third party services. The User may also transfer his/her personal data and other information contained in the Service from the Service to third party services to the extent that the Service technically and in terms of the Terms of Use allows it. The Company may disclose information contained in the Service to third parties only with the express consent of the User.

The Company is not responsible for any information, services, activities or omissions provided by third parties.

8. CUSTOMER DATA AND HANDLING OF THE SAME The Service processes the User’s personal data in accordance with the Company’s Privacy Policy. Through the Service, the User may, in other cases, be provided with the User’s medical and health data.

The User is responsible for ensuring that the Service contains accurate information and keeps it up to date. In the event of deficiencies or errors, the User shall either immediately correct the information himself/herself, or notify the Company of the deficiencies and/or errors without delay. The Company has the right to maintain personal data by, among other things, verifying and updating data from various third parties (e.g. population information system).

Third party services and websites have their own privacy policies. The Company is not responsible for the operation of such third party sites or services.

9. INTELLECTUAL PROPERTY RIGHTS IN THE SERVICE All intellectual property rights in the Service and the material available from the Service belong to the Company or a third party. Any copying, printing, distribution, transmission, modification or other commercial exploitation of the Service and its content, layout or materials, or making it available to the public without the written permission of the Company is prohibited. However, the User may print and save material available on the Service for the effective completion of his or her own course of treatment, but even then, use of the information is limited to the contents of the User’s own treatment program. Such content must be deleted within 3 months of the end of the treatment programme and may not be disseminated in accordance with the above restrictions.

10. CONTENT AND AVAILABILITY OF THE SERVICE The Company may change the Service, its content and functionality. The Company will provide the Service in the form and manner in which it is currently provided. For more information on the version of the application, see for example the Play or AppStore app store.

The Company does not guarantee the continuous operation and availability of the Services. The Company shall not be liable to the User or any third party for any errors, omissions or delays in the Service or its availability, or for any direct or indirect damages caused by such matters.

11. DISCLAIMER The Service includes sections designed to support the management of information related to the User’s own health status and thus support the User’s health status and its possible improvement. The Service is not a health or medical service. The User should always consult a healthcare professional prior to any treatment programs, exercises or instructions to ensure that such general exercises and instructions are appropriate for the User. Except as otherwise required by mandatory law, the Company shall not be liable for any personal injury or other damage to the User caused by the User’s failure to follow the instructions to consult a health care professional.

The Company is not liable for any direct or indirect damages caused by the Service. The Company shall also not be liable for any costs arising from the destruction, alteration or transfer of the User’s data from, to or within the Service.

12. FORCE MAJEURE The Company shall not be liable for damage if it is the result of a circumstance that can be considered force majeure. Force majeure is deemed to be an impediment beyond the control of a party which the party cannot reasonably be expected to have taken into account and the consequences of which the party could not reasonably have avoided or overcome without unreasonable expense or delay. Force majeure includes, but is not limited to, a strike, lockout, or other comparable industrial action, interruption of electricity supply, telecommunications or information systems.

The Company may notify the User of force majeure, for example, on its website or on the Service.

13. CANCELLATION OF USE OF THE SERVICE The User has the right to cancel the use of the Service by notifying the Company. In this case, the User will be removed from the Service, but the obligations of the customer (company) who subscribed to the Service towards the Company will not be affected. If the User has confirmed the use of an individual service package (e.g. treatment sessions) in the application, such service and the associated data may be deleted, but this does not remove the Company’s right to bill for the service in question.

A remote appointment must be cancelled at least 24 hours before the start of the agreed remote appointment time, unless otherwise indicated in the Service or when booking the remote appointment. Otherwise, the Company reserves the right to charge the full amount for the use of the service.

The Company has the right to terminate the User’s user account in the Service or part of the Services for a justified reason, if the use of the Service causes harm to the Company, the User or a third party, or if the Service has otherwise been used in violation of the Terms of Use. The Company has the right to terminate the User’s account on the Service if the use of the Service requires payments and these have not been made.

14. AMENDMENT OF TERMS OF USE The Company reserves the right to unilaterally amend these Terms of Use, in particular when changes or updates to the Service require changes to the Terms of Use. The amendment shall take effect from the date notified by the Company. If the User does not accept the amended Terms of Use, the Company may, at the User’s request, terminate the Service and thereby close the User’s account in accordance with the Terms of Use.

15. APPLICABLE LAW AND COURT OF LAW These Terms of Use are governed by Finnish law.

Disputes arising from these terms of use will be resolved primarily by negotiation between the parties. If the dispute cannot be settled in this way, it may be brought before the Helsinki District Court.

The consumer has the right to refer disputes concerning the terms of use to the Consumer Disputes Board. Before taking the matter to the Consumer Disputes Board, the consumer should contact the Consumer Advice Centre.