1. SUBJECT AND APPLICATION OF THE GENERAL TERMS AND CONDITIONS
1.1. These general terms and conditions are intended to regulate relations regarding access and use of the platform https://mindromeda.com (hereinafter referred to as the "Platform"), between "MINDROMEDA" EOOD (hereinafter referred to as the "Company"), on one hand, and the Visitors of the platform, on the other hand. Visitors of the platform can be Users or Corporate clients of the Company.
1.2. Service within the meaning of these General Terms and Conditions is a consultation with a specialist chosen by the User. The Services are provided through the Platform in compliance with these General Terms and Conditions.
1.3. Users are natural persons, who use the Platform in order to purchase and/or use a Service - consultation with a specialist in the relevant field (hereinafter referred to as "Specialist/s").
1.4. Employer company is a legal entity that has concluded an individual service agreement with the Company, according to which employees of the Employer company can use Services through the Platform. The company and the Employer company sign service agreement, which regulates any additional terms and conditions that remain unsettled by these general terms and conditions. For all other matters not settled by the individual agreement, the present General terms and conditions shall apply.
1.5. Employee of the Employer company is also considered a User of the Platform in the sense of Art. 1.2. above and has all the rights and obligations set forth in these General Terms and Conditions.
1.6. Specialist within the meaning of these General Terms and Conditions is a person who has the necessary qualifications and experience to provide the consultations offered by him through the Platform. Specialists can be in different fields.
1.7. These General Terms and Conditions are posted in a prominent place and are available to every visitor.
1.8. The Company does not provide medical services through the Platform and does not perform medical activities within the meaning of the Health Act, the Medical Establishments Act and the applicable legislation in the field of health care.
2. ABOUT Mindromeda.com
2.1. Information under the Electronic Commerce Act and the Consumer Protection Act:
Administrator of the Platform:
Name: „MINDROMEDA“ ЕООD
Seat and registered address: 3 Okolovrasten put Blv., Manastirski livadi, Vitosha District, city of Sofia, 1618, Bulgaria
Communication and Management address:, 3 Okolovrasten put Blv., Manastirski livadi, Vitosha District, city of Sofia, 1618, Bulgaria
Contacts: E-mail address: [email protected]; tel. number: +359876266206
Registered in public registers: UIC: 206452021
Administrative Authorities:
3. REGISTRATION OF PLATFORM USERS AND PROVISION OF SERVICES
3.1. The platform creates the possibility to register 2 types of profiles - profiles of the Employer Companies and profiles of Users, incl. employees of the Em.
Registration of an Employer company profile
3.2. Profiles of Employer companies are created by the Company, under the terms of the individual service agreement between the Company and the respective Employer company.
3.3. The Employer company profile includes the following data:
a) data of the legal entity:
b) details of the company administrator;
c) points provided by the Employer company to their employees and the period to which they refer.
The company administrator is a person (employee, manager of the Employer company) who is explicitly specified in the individual service agreement between the Employer company and the Company. This person has the full right to dispose of the Employer company's profile and perform the actions described in art. 3.4. below. All actions performed by the company administrator are considered to be validly performed on behalf and for the account of the Employer company by a person authorized for the purpose.
3.4. After registering an Employer company profile on the Platform, the company administrator can perform the following actions:
a) see Users - employees of the Employer company, including:
Registration of a User profile
3.5. In order to use the functionalities of the Platform, the Visitor must create a profile by correctly filling out the electronic form for online registration. After filling in the necessary data, the Visitor should confirm that he/she is familiar with the Privacy Policy and that he/she agrees with these General Terms and Conditions, agreeing to abide by them unconditionally. With the creation of a registration between the User and the Company, contractual relations arise under the terms of these General Terms and Conditions.
3.6. Users agree that all statements in connection with the creation of a profile on the Platform may be made electronically and through electronic statements. It is assumed that the electronic statements made by the User, were made by the persons whose personal data are indicated in the registration form.
3.7. After registering on the Platform, Users can perform the following actions:
a) purchase of personal points on the Platform;
b) choosing a type of service - consultation provided by the Specialists registered on the Platform;
c) choosing a specific Specialist to provide the consultation in the relevant field;
d) booking an appointment with a selected Specialist;
e) payment for the consultation with the personal points purchased by the User, or through points allocated by the Employer company in the Platform;
f) withdrawal from the agreement under the terms of Section 8 (“Right of withdrawal”)
g) attending of an online consultations.
4. CORPORATE POINTS. PERSONAL POINTS
4.1. Consultations on the Platform are paid through virtual points, where 1 point is equal to 1 BGN.
4.2. Depending on the method of acquisition, points in the Platform are divided into 2 types - corporate points and personal points. The acquisition of points is carried out in the following ways:
a) corporate points – purchased at the request of the Employer companies;
b) personal points – purchased directly by Users on the Platform;
4.3. The purchase of corporate points from the Employer companies is carried out under the terms of an individual service agreement with the Employer company and in compliance with these General Terms and Conditions. The Employer company provides, at its discretion, corporate points to its employees - Users on the Platform.
4.4. (1) The Company Administrator of the Employer company allocates points to the employees of the company who have created a profile on the Platform.
(2) For the purposes of allocating points from the Employer company to a User on the Platform, the User should indicate the "corporate code" of his employer when creating his Profile.
(3) As a result of specifying the "corporate code", a request from the User to validate his "Employee" status appears in the Employer Company Profile.
(4) After the Company Administrator validates the Users who have claimed to be "Employees" at the Employer Company, the Company Administrator may begin allocating points to those Users, which points the Employee Users which points the Users-Employees can use to paying for consultations with Specialists.
(5) When allocating the points, the Employer company Administrator has two options:
a) to allocate points only to specific employees;
b) to allocate an equal number of points to all validated employees.
4.5. Each User can independently purchase personal points on the Platform. Purchases of personal points is carried out through the Stripe payment system in accordance with the Stripe Services Agreement available at www.stripe.com.
4.6. The purchase of personal points and the request for consulting services in the Platform are carried out on the basis of an agreement concluded between the Company and the User, in compliance with these General Terms and Conditions.
4.7. The technical steps for purchasing personal points from a registered User are as follows:
1. login to the user profile by identifying with an email address and password;
2. open the Points History page and enter the number of points to be purchased;
3. after pressing the “Add” button, a new page opens, in which the debit / credit card data and secret identification code should be entered;
4. upon successful payment, Stripe returns a response for the successful transaction, and the points are visualized in the user's profile balance. If a payment fails, Stripe returns a transaction failure response.
4.8. The agreement for the purchase and sale of personal points is considered concluded from the moment of successful payment, respectively the arrival of personal points in the balance of the user profile.
4.9. It is considered that separate purchase and sale agreements are concluded between the Company and the Users for each individual order of personal points.
5. PAYMENT OF THE SERVICE
5.1. The technical steps for booking a service through the platform are as follows:
1. login to the user profile by identifying with an email address and password;
2. choosing any of the types of consultations offered by the Specialists on the Platform;
3. choosing a specific Specialist to conduct the consultation;
4. booking a day and time for the selected consultation;
5. payment of the consultation, through the points provided by the employer company, or through the personal points purchased by the User.
5.2. When paying for a service, the corporate points allocated by the Employer company to the relevant User are first used, and in case the points are insufficient, the remaining part is deducted from the User's personal points. When the Employer company has not allocated points to its employees, or the already allocated points have been used up, Users can pay for consultations using their personal points.
5.3. The agreement is concluded at the moment of booking an appointment and paying for the service.
5.4. After booking an appointment for service, the User receives a message from the Platform at the e-mail address confirming the day and time of the consultation service. The e-mail message includes an individually generated link to an online room in the Platform for online meeting, in which online room the consultation will take place. The meeting is also visualized in the Platform calendar for the corresponding day and time.
6. RIGHTS AND OBLIGATIONS OF EMPLOYER COMPANIES
6.1. (1) The Employer company, through its Administrator, has the obligation to validate the Users who have submitted information to the Platform that they are employees of the respective employer company.
(2) The Company has no right to validate Users on behalf of the Employer Company.
(3) The Company has no obligation to monitor whether all Users - employees of the Employer company, who have indicated this status, have been validated by the Employer company and the latter may allocate points to them.
6.2. (1) The employer company, through its Administrator, has the obligation to monitor at any moment whether all validated Users continue to have the status of "Employee".
(2) In case the employment relationship of a User with the Employer Company has been terminated, the Employer Company, through its Administrator, is obliged to reject (remove) this User from its List of validated users, thereby stopping allocating points to this User and revoking the right this User to use points already allocated to them by the Employer Company.
(3) The Employer company can make a reference to all rejected users (“Rejected Users”).
(4) The Company has no right to reject Users on behalf of the Employer Company.
6.3. (1) The Employer company is fully responsible for providing and distributing corporate points only to its employee users.
(2) The Company is not responsible and does not assume responsibility to monitor and verify whether Users who use corporate points are employees of the respective Еmployer company.
6.4. The Employer company undertakes to inform its employees about the possibility of using the services of the Platform.
6.5. Upon termination of the individual service agreement between the Employer Company and the Company, the Employer Company undertakes to notify its employees that from the date of termination of the agreement, the employees – Users of the platform, will not be able to use the corporate points allocated to them and should pay for the services requested by them only with personal points.
7. RIGHTS AND OBLIGATIONS OF THE USERS
7.1. The Company provides to the Users access to the services offered on the Platform only and solely in accordance with the provisions of these General Terms and Conditions. The Company keep the right to change the scope of services, the methods of their provision and the information content of the Platform, including to expand or limit them, at any time, without the need to notify the Users for these actions in advance.
7.2. The company monitors the process of providing the service, and when technical problems are detected, it should take measures to eliminate the problems as soon as possible, depending on the technical specification of the problem.
7.3. The Users have the obligation to pay, and the Company has the right to receive, the price of the personal points purchased by the Users.
7.4. Users have the obligation to pay with points, and the Company has the right to receive the price of the services chosen by the Users.
7.5. Users have the right to be provided with the services in compliance with the applicable legislation in force and in accordance with the provisions of these General Terms and Conditions.
7.6. All actions of the Users, contrary to the General Terms and Conditions, as well as actions that may or could have the consequence of disrupting the Platform or the services provided by it, or the activity of the Company in general, as well as actions that lead or could lead to a violation of the rights and legitimate interests of the Company and/or the Specialists, will be considered by the Company to be a violation of these General Terms and Conditions.
7.7. In case of violation of these General Terms and Conditions, the Company has the right to take immediately actions, provided for in these General Terms and Conditions and the applicable legislation, against the relevant User.
7.8. Users do not have the right in any way to transfer their rights or obligations to third parties, or to provide third parties with the opportunity to fully or partially exercise their rights arising from their relationship with the Company, in connection with the use of the services provided in the Platform.
7.9. Users have the right to request and receive information from the Company regarding the conditions and manner of using the Platform and the services provided by it.
7.10. Users have the right to notify the Company by e-mail [email protected] about problems they find related to the use of the Platform (including found errors, technical difficulties and other).
7.11. In the event of obstacles to the selected Specialist conducting a consultation requested and paid by the User, the Company undertakes to notify the User no later than 24 hours before the time of the consultation. In this case, the User has the right:
a) to book a new consultation appointment with the same or another Specialist without paying an additional fee, or
b) to be refunded the used points.
7.12. In case the requested and paid service by the User is not carried out due to reasons not attributable to the User, the latter has the right:
a) to reserve a new appointment for a consultation with a Specialist specified by him without paying an additional fee or
b) to be fully reimbursed for the points used for booking the service that was not carried out.
7.13. In case the consultation requested and paid by the User is not carried out due to fault of the User and without the latter having used their right to cancel pursuant to section 8 of these General Terms and Conditions, the User does not have the right to be refunded of the used points.
7.14. Within 48 hours after the service was provided, the User will receive an email that gives them the opportunity to evaluate and comment on the provided service. Users can also send their comments and reviews to the Company's email address: [email protected] .
7.15. In case of a negative comment sent by a User, in connection with a service, the Company has the right to contact the User in order to clarify the circumstances that led to the negative comment.
8. RIGHT OF WITHDRAW. RIGHT TO CANCEL
8.1. Within 14 days of the purchase of personal points, the User has the right to withdraw from the agreement without giving a reason, without paying compensation or penalty and without paying any costs. This right can only be exercised if the points have not been used.
8.2. When exercising the right under Art. 8.1 The Company deducts the purchased points from the User's balance and refunds the amount paid no later than 10 days from the date of occurrence of the reason for refund. The Company refunds the amounts received using the same means of payment used by the User for the initial payment, unless the User has expressed his express consent to use another means of payment and provided that this is not associated with costs for the User.
8.3. The user has the right to cancel a booked and paid appointment for service no later than 24 hours before the appointment. In this case, an opportunity arises for the User:
a) to book another hour, or
b) the paid points to be refunded.
8.4. The user has the right to change a recorded consultation time even later than 24 hours before the time of the appointment, having previously paid an additional 50% of the value of the booked service.
9. PERSONAL DATA. CONFIDENTIALITY
9.1. The Company undertakes to the maximum extent to guarantee the inviolability of the information provided by the Users, which contains personal data. The processing of personal data in the platform is carried out in accordance with the Privacy Policy, prepared in accordance with the requirements of the General Data Protection Regulation and the Personal Data Protection Act.
9.2. The Platform uses various providers that may use tracking technology in the form of small text files collectively referred to as "cookies". They are used on the Users' personal device when visiting the platform. "Cookies" are used to personalize the user experience and choices (e.g. language preferences) and to obtain more information about how the platform is used. The type, collection and use of cookies are carried out in accordance with the accepted Cookie Policy.
9.3. During a consultation with a platform Specialist, all discussions are completely confidential and will not be shared with anyone unless the information disclosed poses a danger to you or others that is required to be disclosed by law.
10. RESPONSIBILITY
10.1. Users are responsible for the accuracy and confidentiality of the personal data provided on the Platform, or any other data provided in connection with the use of the services (including payments, etc.).
10.2. The Company shall not be liable for damages arising from the use or inability to use the Platform, including damages caused by malware, viruses, or inaccuracies or incompleteness in information, unless such damages result from willful misconduct or gross negligence on the part of the Company.
10.3. The quality of the consulting service requested through the Platform is entirely the responsibility of the Specialist who provided it. The Company is not responsible for acts, conduct, actions and/or negligence on the part of the Specialists.
11. COPYRIGHT
11.1. „MINDROMEDA“ ЕООD с UIC 206452021, is the holder of all intellectual property rights on the Platform and its content, including program codes and software solutions, databases, text and graphic images and any other information stored on the Company's servers, representing an object of copyright within the meaning of the Copyright and Related Rights Act.
11.2. The intellectual property rights on the platform and its content may not be reproduced, modified, transmitted or used for any purpose without the prior written permission of „MINDROMEDA“ EOOD.
11.3. A written permission is considered any permission given on paper by the manager of MINDROMEDA“ EOOD or by another person authorized by him. Written permission is also considered any permission given in electronic form, through an electronic document signed with a qualified electronic signature.
12. TERMINATION
x12.1. In case of violation of a provision of the current legislation or these General Terms and Conditions and/or in case of violation of rights and legitimate interests of the Company, Specialists or other third parties, the Company has the right to:
a) take legal action to prevent and/or stop the violation committed by a User;
b) notify the competent authorities, incl. to provide them with the data of the relevant User that the Company has;
c) notify the holders of affected rights and legal interests of a detected violation committed by a User, incl. to provide them with the data of the relevant User that the Company has;
d) undertake, at its own discretion, other actions permitted by law.
12.2. In the event that the service appointment is canceled by the Specialist, the Company refunds the paid points to the User in full, and the latter can book a new appointment with the same or another Specialist.
13. FINAL PROVISIONS
13.1. The headings in these General Terms and Conditions are used only for convenience and do not affect the interpretation of individual texts, including the will of the Parties.
13.2. The Company keeps the right to change these General Terms and Conditions at any time. When a change is made, the updated version of the General Terms and Conditions will be published on the Platform and will come into force immediately after its publication.
13.3. All disputes between the parties shall be resolved in a spirit of understanding and goodwill. In the event that no agreement is reached, all unresolved disputes arising out of or relating to the agreement between the parties, including disputes arising out of or relating to its interpretation, invalidity, performance or termination, and disputes to fill gaps in the agreement or its adaptation to new circumstances may be resolved by a court order by the competent court.
13.4. In the event of a dispute, the User may refer to the Conciliation Commission of the Consumer Protection Commission: https://kzp.bg/pomiritelna-komisiya as well as file a complaint on the online dispute resolution website:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=BG
13.5. In case any clause of the General Terms and Conditions is declared invalid, that clause will not apply without affecting the applicability of the rest of the General Terms and Conditions.
13.6. The provisions of the applicable Bulgarian legislation shall apply to matters not settled in these General Terms and Conditions.
These General Terms and Conditions were adopted by the Company on 07.07.2023 and enter into force as of 15.07.2023.