Terms and Conditions of Portal Use
1.1. The subject of Terms and Conditions of Portal Use (hereinafter referred to as "Terms and Conditions" or "Terms") is the relationship between the State Budgetary Institution Research Institute for Healthcare Organization and Medical Management Moscow Healthcare Department (hereinafter referred to as the “Research Institute NIIOZMM”) and an Internet user (hereinafter referred to as the “User"), hereinafter collectively referred to as the "Parties", arising from the use of the site https://mosmedtour.com, including all levels of the specified domain, and the Mosmedtour mobile application (hereinafter referred to as the "Portal" or the "Site") under the conditions specified in this document. The Terms come into force from the moment the User accepts the Terms as described in Section 1.3, and are valid indefinitely. The Research Institute NIIOZMM offers the Users access to the Portal and its services, including means of requesting information about services, etc.
1.2. All existing services, as well as any of the newly added services of the Portal are governed by these Terms. The Research Institute NIIOZMM reserves the right to change the Terms without any special notice. The new version of the Terms comes into force from the moment it is posted on the Internet at the address indicated in this Section, unless otherwise stated in the new version of the Terms. The permanent address of the current version of the Terms is https://mosmedtour.com/eula/.
1.3. By accessing, using or browsing this Site and/or using any service and/or specific function, the User indicates the acceptance and compliance with these Terms in full, without reservation or exceptions. The User may not access the Portal in case of disagreement with any part of the Terms. If the Research Institute NIIOZMM has changed the Terms in the manner prescribed by this Section with which the User does not agree, he shall stop using the Portal.
1.4. The main objectives of the Portal are to inform the User about medical organizations that have a valid license of the Russian Federation for medical activities, and their services, as well as organizations that provide additional services during the treatment period (insurance, transfers, accommodation) (hereinafter referred to as “Partners”), facilitation of interaction of the Users and the Partners through the Portal, providing the Users with the technical ability to send the Partners a request for information about the medical services provided by the Partner. Services mean the medical services as established by Article 2 of the Federal Law No. 323-FZ dated November 21, 2011 On the Basics of Protecting the Health of Citizens in the Russian Federation and Decree of the Government of the Russian Federation No. 1006 dated October 4, 2012 On Approval of the Rules for the Provision of Paid Medical Services by Medical Organizations.
1.5. Services of the Portal are provided to the User free of charge, unless indicated otherwise. Services of the Partners are provided in compliance with special agreements and/or rules of the Partners.
1.6.The Research Institute NIIOZMM, providing the Partner with the opportunity to post information on the Portal and being an information intermediary as described in 1253.1 of the Civil Code of the Russian Federation, is not responsible for violation of intellectual rights, distribution of such information resulting from the posting (publication) on the Portal and (or) in the Database of any Content, due to the fact that the Research Institute NIIOZMM is not an initiator of publishing, does not determine the specific recipient of the Content, does not change the Content, with the exception of changes made by the Research Institute NIIOZMM to ensure the technological process of posting Content. At the time of posting on the Portal and (or) in the Database of Content and during the period of its posting on the Portal and (or) the Database (if relevant claims or requirements of third parties regarding the posted information were not received), the Research Institute NIIOZMM has not been aware that the use of the relevant results of intellectual activity or means of identification by the person who initiated posting of information containing the results of intellectual activity or means of identification is unlawful and (or) that sharing this information violates other rights and (or) the legitimate interests of third parties.
1.7. The Research Institute NIIOZMM is not responsible for the content on pages posted on other sites and (or) information resources, links to which can be posted on the Portal, or the content of other sites and (or) information resources with links to this Portal.
- User Account
2.1. User Registration
2.1.1. To gain access to certain Services of the Portal the User needs to complete the registration process (sign up form). Based on the provided information the Portal generates a unique account for the User. User Registration is a series of steps the User takes following the instructions specified on the Portal, including the provision of data and other information when making a request for information about the Partner services on the Portal for the first time or when the User first reaches the Contact Center of the Research Institute NIIOZMM to request information about the services of the Partners or directly, using the special sign up form of the Portal in order to gain access to various functions of the Portal and create a Personal Account. A Personal Account is a User personal section on the Portal related to the User Account on the Portal, where the User can interact with the Research Institute NIIOZMM and / or Partners on the terms proposed by the Research Institute NIIOZMM. One unique account is created for each User. Creation of more than one account for one person is a violation of these Terms.
2.1.2. By completing the registration process, the User confirms the fact of being adult and legally capable of performing any actions related to the use of the Portal, its functionality and services, as well as the subsequent conclusion of agreements and contracts with Partners. To register the User is obliged to provide accurate and complete personal information on the proposed issues and to keep this information updated. If the User provides inaccurate information or the Research institute NIIOZMM has grounds to believe that the information provided by the User is incomplete or unreliable, the Research Institute NIIOZMM has the right, at its discretion, to block or delete the User Account and refuse the User to use the Portal, its functionality and the services, and terminate the contractual obligations arising from the User actions.
2.1.3. The Research Institute NIIOZMM reserves the right to require the User to confirm the data specified during registration, and in this regard, at any time, to request supporting documents, failure to provide which, at the discretion of the Research Institute NIIOZMM, may be equated to the provision of inaccurate information and entail the consequences provided for in Section 2.1.2 of the Terms. If the User data specified in the provided documents do not correspond to the data specified during registration, or the data specified during registration does not allow identifying, the Research Institute NIIOZMM has the right to deny the User access to the Account and usage of the Portal functionality and services. Identity documents include a passport of a citizen of the Russian Federation, a driving license, a sailor passport, a military ID, a passport of a foreign citizen, a document proving the identity of a foreign citizen. Forgery of a certificate or other official document that grants rights or relieves from obligations, in order to use it, is a criminal offense under the legislation of the Russian Federation.
2.1.4. After completion of the registration process, the User independently sets a password to access the Account. The Research Institute NIIOZMM has the right to establish requirements for login and password (length, allowed characters, etc.). The User login is the User phone number or email address. Subsequently, the User has the right, in agreement with the Research Institute NIIOZMM, to change the username and password while the entire history of interactions and obligations of the User and the Research Institute NIIOZMM is kept. The User registration process is carried out in accordance with the rules established by these Terms and Conditions and the current Portal interface. Registration of an Account is carried out to the User email address and phone number once. Re-registration of a new account on the Portal using the email address and phone number previously specified during registration is not allowed. For the purposes of these Terms, after confirming the User registration, any actions committed by the User are causes for arising the rights and obligations of the User.
2.1.5. In order to comply with the requirements of the applicable legislation, the Research Institute NIIOZMM identifies the User on the basis of the documents provided by the User.
2.1.6. All actions of the User authorized on the Portal, performed using a unique username and password of the User, the email address specified during registration on the Portal, are recognized by the Parties as committed with the use of a simple electronic signature of the User. A request for information about the Partner services sent using the Portal, as well as messages sent from the User contact email address, are recognized as equivalent to a document personally signed by the User.
2.1.7. The User authorized on the Portal may have access to the additional functionality of the Portal and various legal relations with the Research Institute NIIOZMM and / or the Partners, conclude agreements with the Partners.
2.2. The User is solely responsible for the security (resistance to guessing) of the chosen means of access to the Account, and also independently ensures their confidentiality. The User is solely responsible for all actions (as well as their consequences) within or using the functionality and services of the Portal under the User Account. The User is obliged not to transfer data to access the User Account to third parties on any terms (including the Terms under contracts or agreements). In this case, all actions within or using the functionality and / or services of the Portal under the User Account are considered to be performed by the User.
2.3. The User is obliged to immediately notify the Research Institute NIIOZMM of any case of unauthorized (not authorized by the User) access to the Portal using the User Account and / or any violation (suspicion of violation) of the confidentiality of his Account access. For security reasons, the User is obliged to independently carry out a secure logout of the Account at the end of each session on the Portal. The Research Institute NIIOZMM is not responsible for any consequences that may occur due to violation of this part of the Terms by the User.
2.4. Termination of Account Use
The Research Institute NIIOZMM has the right to block or delete the User Account, as well as prohibit access using any account to the Portal and its functionality, including the User violation of these Terms and Conditions and terms of other documents regulating the relationship between the User and the Research Institute NIIOZMM.
2.5. Regardless of the Account deletion on the Portal, all obligations of the User in relation to the Research Institute NIIOZMM carried out through the functionality of the Portal, remain in force until their complete fulfillment by the User, if the Research Institute has not directly released the User from these obligations.
2.6. User Personal Data
2.6.1. In the process of using the Portal functionality (including registering, editing an account, filling out an information request for any services available through the Portal functionality but not limited to the points specified above), the User independently and voluntarily decides to provide the Research Institute NIIOZMM with information about the User for the purposes of fulfilling the Terms and the relevant contracts and agreements concluded between the Research Institute NIIOZMM and the User, as well as for the purposes of Personal Data Processing provided for by the Law, as well as all other existing or concluded in the future agreements and contracts between the Research Institute NIIOZMM and the User. The User hereby declares its consent to the User Personal and other Data processing carried out by the Research Institute NIIOZMM and individuals relating to the Research Institute NIIOZMM, transferring for the processing to third parties acting on behalf of the Research Institute NIIOZMM, including for the following purposes, but not limited to those listed below: providing consulting support to the User in connection with the Site usage, obtaining statistical and analytical data to improve the Site functionality, receiving information messages from the Research Institute NIIOZMM, preventing or suppressing illegal and / or unauthorized actions of the User or third parties, ensuring compliance with the requirements of the applicable law. The Research Institute NIIOZMM takes all necessary measures to protect the User Personal Data from unauthorized access by third parties.
2.6.2. In order to organize the transmission of the requests from the Portal Users the Research Institute NIIOZMM provides the Partners with the User Personal Data in the following volume and cases for the processing purposes indicated below:
- for the purpose of the User request transmitting. The Research Institute NIIOZMM provides the Partner solely for the purpose of fulfilling the User request with the User surname, name, patronymic, phone number, email address, information about the desired time and place of the Partner services;
- in the cases specified in the Personal Data Processing Policy and other User documents of the Site, including the fact of receiving by the Research Institute NIIOZMM a claim concerning the violation of intellectual or other rights of third parties, in order to settle the received claims in relation to each of the individuals, specified in the application as a copyright holder, other aggrieved person or his representative, the Research Institute NIIOZMM provides the User surname, name, patronymic, images and videos, information about professional occupation, identity document number, its issuing authority and the date of issue, phone and (or) fax number, email address, other information contained in the application;
- in case of receiving other applications, responses, claims, complaints, messages or documents addressed to the Partner in order to prepare a response and take the necessary measures not exceeding the volume received by the Research Institute.
- In other cases and purposes, as indicated in the Personal Data Processing Policy and other User documents.
2.6.3. The Research Institute NIIOZMM has the right to use the Personal Data provided by the Users and other individuals solely for the purposes indicated in this Paragraph of the Terms, and is obliged to stop such usage when the specified processing purposes are achieved.
2.6.4. All information about the User (regardless of whether such information is classified by the applicable law as personal or other protective data) posted on the Portal / transmitted to the Portal by the User is posted / transmitted in the in the User interest.
2.6.5. The Research Institute NIIOZMM collects and stores only the personal information that is necessary for Portal functions provision, excluding the cases when the legislation requires the mandatory storage of personal information for a period specified by the Law. The Research Institute NIIOZMM does not process Personal Data containing medical secrecy, race, nationality, political views, religious, philosophical and other beliefs, membership in public associations, including professional unions. The Research Institute does not process the Patient medical records containing information about the health status. The Research Institute stores the User personal information in accordance with the requirements of the legislation of the Russian Federation and with the Personal Data Processing Policy at https://mosmedtour.com/policy/.
2.7. It is not allowed to use, distribute, copy and / or extract from the Portal manually or automatically (using automated programs: scripts, bots, crawlers) any materials or information. Any such usage, distribution, copying of the Portal information is illegal, and the Research Institute NIIOZMM has the right to counteract such actions.
- Consent for Receiving Messages
3.1. The Research Institute NIIOZMM has the right to send information messages to the Portal User.
3.2. When using the Portal through the appropriate interface, the User gives the consent to receive information messages in accordance with Part 1 of Art. 44.1 of the Federal Law On Communications. Providing the User with the specified information is necessary for using the functions and services of the Portal. If the User does not agree with the Terms of this Subsection, he shall refrain from using the functions and services of the Portal.
- Rules for Sending Information Requests about the Partner Services
4.1. The User has access to the Portal database, an informational and reference system containing information about the Partners and their services, intended for potential consumers of medical services. Information about services provided on the Portal is based on the information provided by the Partners.
4.2. For certain service offers of the Portal, the User has an opportunity to send a request to the Partners for obtaining information about the Partner services. Sending a request to the Partners, the User agrees to the terms and conditions stated in these Terms. Certain functionality of the Portal may differ or be unavailable for the User on mobile version of the Portal pages or in the Mosmedtour mobile application.
4.3. The User understands that all Medical Services Agreements, a request for which has been sent to the Partner through the Portal, shall be concluded directly with the Partner, not with the Research Institute NIIOZMM. The Partner has all rights and obligations under the Medical Services Agreement with the User.
4.4. Sending a request to the Partners, the User is obliged to provide reliable data regarding the identity and methods of communication with the User. The User assumes all risks, including the risk of neglecting or improper examination of the User request, if the User provides inaccurate data.
4.5. The Research Institute NIIOZMM provides the User with information support when sending requests to the Partners. Sending a request to the Partners, the User agrees to receive information messages from the Research Institute NIIOZMM and the Partners, for example, emails, messages sent via mobile application functionality, SMS and messages via other communication channels specified User, along with the information about the request processing.
4.6. Information about requests is available to the User in the User Personal Account on the Portal. The User can change or cancel the request at any time.
4.7. If the User repeatedly cancels the requests, commits violations of the Terms or other conditions published on the Portal, the Research Institute NIIOZMM has the right to unilaterally change the conditions for using the Portal functionality of such User.
- Exclusive Rights
5.1. All objects available on the Portal, including design features, text, graphics, illustrations, databases and other objects (hereinafter referred to as the Portal Content), as well as any Content posted on the Portal, are the objects of exclusive rights of the Research Institute NIIOZMM or other copyright holders.
5.2. The use of the Portal Content, as well as any other elements of the Portal, is possible only within the functionality offered by the Portal. Elements of the Portal shall not be used in any other way without the prior permission of the copyright holder. The exception is provided by the applicable law or the Terms and Conditions of a specific Portal functionality.
5.3. When uploading any reviews to the Portal, the User accepts all responsibility for compliance of the posted content with the requirements of the current legislation, including liability to third parties if the reviews violate the rights and legitimate interests of third parties, including personal non-property rights of the authors, other intellectual rights of third parties, and/or encroaches on their intangible benefits. When using the Portal, the User shall not submit any reviews that are illegal, malicious, defamatory, violate intellectual property rights and copyrights.
5.4. The User acknowledges and agrees that the Research Institute NIIOZMM does not check reviews downloaded to the Portal by the User. The User understands and agrees that he shall independently assess all the risks associated with posting reviews on the Portal, as well as compensate all losses to the Research Institute NIIOZMM if the Latter receives any claims in connection with the reviews posted by the User on the Portal.
5.5. In order to provide the functioning of the Portal, exercise the legal rights and interests of the Research Institute NIIOZMM, implement legal protection of the relevant objects, as well as for marketing purposes, the User grants a throughout perpetual, uncompensated right to the Research Institute NIIOZMM to use the reviews uploaded by the User in any way during the entire term of the exclusive right and the Terms and Conditions.
- Limitation of Liability
6.1. The User is fully responsible for the use of the Portal. The functionality of the Portal is provided “as it is” in compliance with the principles of the Internet operating system. The Research Institute NIIOZMM accepts no responsibility, including corresponding goals of the User.
6.2. The Research Institute NIIOZMM provides the Users with access to the Portal and maintains the proper Portal operating, promptly restores its functionality in case of technical failures and interruptions. However, the Research Institute NIIOZMM does not guarantee continuity of service and compliance with any deadlines for restoring the functionality of the Portal in case of interruptions. The Research Institute NIIOZMM does not guarantee the correspondence of the Portal to the User requirements and expectations, or that the Portal functionality shall be provided continuously, quickly, reliably and without failures. The Research Institute NIIOZMM shall take the necessary measures to ensure the quality of service provided to the User, in particular during the technical interruptions in the operation of the Portal. All technical failures and system errors shall be reported to the technical support by email.
6.3. The Research Institute NIIOZMM accepts no responsibility for non-performance or improper performance of its obligations as a result of failures in telecommunication and energy networks, presence of malicious programs, as well as fraudulent actions of third parties aimed at obtaining an unauthorized access and/or disable software and/or hardware that provides the operation of the Portal.
6.4. The Research Institute NIIOZMM accepts no responsibility for any losses of the User arising from the Portal Use or its separate functionality.
6.5. The terms shall be applied to all types of interaction between the User and the Research Institute NIIOZMM, including, but not limited to, the following: any User actions performed using the Portal, mail, SMS and email correspondence, communication with the Contact Center of the Research Institute NIIOZMM. The User is obliged to show respect, patience and attentiveness, clearly express his thoughts when communicating with employees of the Research Institute NIIOZMM and the Partners and shall not use obscene language and insults, as well as express his dissatisfaction in blunt terms. In case of violation of any Terms of this Section and other Conditions of this document, the Research Institute NIIOZMM reserves the right to restrict interaction with the User.
6.6. In case of appealing claims or requests against the Research Institute NIIOZMM and in case of any alleged violation of property or personal intellectual non-property rights, as well as other personal non-property rights of third parties in connection with the content posted on the Portal, the User shall notify the Research Institute NIIOZMM of the claim or alleged violation by sending an application or notification by email to email@example.com. The Research Institute NIIOZMM examinates the claim for 7 working days, unless other special response period is directly stipulated by the Russian legislation.
6.7. To use the certain Portal functionality, the installation of Mosmedtour mobile application may be required.
7.1. These Terms shall constitute the entire Agreement between the User and the Research Institute NIIOZMM on the Portal usage.
7.2. These Terms shall be governed by and interpreted in accordance with the legislation of the Russian Federation
7.3. If for any reason one or more provisions of these Terms are to be invalid or unenforceable, this does not affect the validity or applicability of the remaining provisions of the Terms.
7.4. The Parties undertake to maintain confidentiality and, unless with the prior written consent of the other Party, shall not disclose or make available to third parties any information that is the property of the other Party or is related to such. The Parties recognize all the information received by the User while working with the Portal and receiving the Partner services as confidential (confidential information). The User undertakes not to disclose confidential information, except in cases provided for by the applicable law in compliance with the requirements of authorities, law enforcements or courts, or when such information is publicly available, or by mutual agreement of the Parties. If either Party breaches any provision herein, it shall compensate the other Party under the applicable law for all the losses incurred in connection with the disclosure of information related to the performance of the Agreement.