Terms and Conditions of Service


Terms and Conditions for E-consultations

§ 1. General Provisions

  1. The terms used within these Terms and Conditions for E-consultations shall be understood as follows:

    1. Stand-by Duty - the time during which a Consultant or Expert is available on the Platform and performs E-consultations Services within the hours indicated in the Schedule;

    2. E-visit - a type of E-consultations Service including Telemedicine Services and Consultations, conducted exclusively by Consultants;

    3. Catalogue - information regarding Consultants / Experts, made available on the Platform, including, among others, their first and last names, specialisations, scope of provided services, email addresses, availability schedule, Organizational Regulations for entities performing medical activities or entities which provide services of dieticians, coaches, personal trainers and other information, including in particular the information required by the provisions of the law;

    4. Medical Consultant - a natural person who conducts medical activity according to the act on medical activity, or who performs work for the Service Provider, conducting Telemedicine Services and providing Medical Information with the use of the Platform based on the provisions of an agreement concluded with the Service Provider; Consultants provide medical services on the basis of the Terms and Conditions and their own Organizational Regulations, as per the Act on conducting medical activity;

    5. Non-medical Consultant - a natural person performing the profession of a dietician, psychologist, coach, personal trainer, providing Consultations and Medical Information with the use of the Platform based on the provisions of an agreement with the Service Provider: a Non-Medical Consultant is not an entity conducting medical activity and does not provide medical services as per the act on conducting medical activity;

    6. Consult - a form of E-visit, conducted by a Non-Medical Consultant which may take the form of a dietary, psychological, coaching or training consult etc.;

    7. Organizational Regulations - organizational regulations of the Service Provider - Telemedicin sp. z o.o. - the entity performing medical activity as per the act on conducting medical activity, made available on the Platform; organizational regulations of entities conducting medical activity which cooperate with the Service Provider in providing medical services are also made available on the Platform;

    8. Telemedicine Service - a medical service provided by a Medical Consultant through ICT systems or communication systems as per the act on medical activity;

    9. Agreement - the agreement for the provision of E-consultations Services, concluded on the basis of the provisions of the Terms and Conditions for E-consultations.

  2. The entity providing E-consultations Services is the Consultant or Expert accepted by the Patient. The Consultant or Expert may be randomly selected by the system - the conclusion of the agreement with the Service provider takes place upon the acceptance of a Consultant or an Expert. The Patient has the right to reject a Consultant or Expert - in such case, the connection with the Consultant or Expert shall be disconnected and the patient shall not be charged with the payment for the E-visit, or for providing Medical Information.

  3. Acceptance of the Medical Consultant constitutes approval for provision of a medical service.

  4. A Consultant provides an E-consultation Service to the Patient with the use of the Platform, as per the Terms and Conditions for E-consultations.

  5. Consultants and Experts perform E-consultation Services in accordance with the Schedule or during their Stand-by Duty.

 

§ 2. E-consultations Services

  1. In order to use the E-consultations Service, the Patient must meet the conditions indicated within the provisions of the Terms and Conditions for the Platform and accept a Consultant / Expert.

  2. Types of E-consultations Services available:

    1. E-visit

    2. Consult, or

    3. Telemedicine Service;

    4. Medical Information.

  3. The Patient selects the type of E-consultations Service from the available options:

    1. immediate - exchange of information takes place following the selection of the immediate E-consultations Service option, acceptance of a Consultant or an Expert available on Stand-by Duty, and establishing a connection with the Consultant or Expert; in case of immediate E-consultations Services the Patient has the possibility to contact a Consultant who is on currently available on Stand-by Duty;

    2. scheduled - exchange of information takes place following the selection of the scheduled E-consultations Service option, selection of the suitable date and acceptance of a Consultant or an Expert; connection with the Consultant or Expert requires the Patient to log into the platform again on the date and time of the scheduled appointment, or - if the service is to be provided by telephone - it requires the Patient to be available under the indicated phone number;

    3. asynchronous - exchange of information takes place following the selection of the asynchronous E-consultations Service, acceptance of a Consultant or an Expert and filling out an electronic form. For the purpose of the asynchronous exchange, the Patient may attach particular documents and send them to the Consultant who will respond within 48 hours.

  4. Communication between a Patient and a Consultant or an Expert can take place in the following form:

    1. chat - an exchange of short text messages between a Patient and a Consultant or an Expert,

    2. teleconference - a voice connection between a Patient and a Consultant or an Expert established by telephone or with the use of the platform,

    3. video conference - an audio-visual connection between a Patient and a Consultant or an Expert made by phone or with the use of the Platform,

    4. an exchange of e-mail messages.

  5. Availability of particular types of E-consultations Services and the forms of communication depends on the selected Consultant / Expert who provides the E-visit or Medical information.

  6. The asynchronous service is initiated in the form of a chat, while contact from the Consultant / Expert may take any form, depending on the selection made by the Patient or on the availability of options. If the Consultant decides that providing the response using the channel selected by the Patient is not possible, the Patient shall be informed through the Platform or in an e-mail or a text message sent to their mobile phone. The Patient decides which form of contact their prefer to use.

  7. Telemedicine Services are provided under the condition that the following data is filled in the Profile on the Platform:

    1. first and last names,

    2. date of birth,

    3. gender,

    4. nationality,

    5. address of residence,

    6. PESEL number if it has been assigned, or another ID number (in case the Patient hasn’t been assigned a PESEL number),

    7. data and documents regarding the medical condition required for the Telemedicine Service to be performed,

    8. e-mail address and contact number (excluding landlines).

  8. The above-mentioned data should be provided by the Patient through the Form.

  9. Telemedicine Services are provided by Medical Consultants within the scope which is indicated in the Catalogue and the Organizational Regulations, with consideration of the specificity of the Telemedicine Service. Telemedicine Services do not include any medical services which require personal, direct contact with the person performing a medical profession.

  10. If a previous diagnosis requires, and the Patient agreed and authorised the Medical Consultant to transfer a prescription, a referral or any order for medical supplies to persons providing delivery services, the authorised Medical Consultant may issue a prescription, a referral or an order for medical supplies as part of their Telemedicine Service as long as it is justified by the medical condition of the patient and confirmed with their medical documentation. In such case, a service fee may be charged according to the Price List. The service charge does not in any way or form constitute remuneration for issuing a prescription, but it is meant to cover the cost of sending the prescription to the address indicated by the Patient.

  11. Upon receipt of the prescription, referral or order for medical supplies, the person who performs the delivery service may require the Patient to present identification, and in case the Patient does not identify themselves with a proper document the documents mentioned above may be returned to the Medical Consultant.

  12. In order to issue a prescription, a Medical Consultant may ask the patient to present documents confirming a previously made diagnosis, such as:

    1. a hospital discharge form,

    2. medical documentation,

    3. lab results or images to examine.

  13. A consultant may refer the Patient to a physical examination to be performed by a professional medic.

  14. All Medical Consultants hold all the legally required qualifications to provide Telemedicine Services in the scope indicated in the Organizational Regulations.

  15. Provision of Telemedicine Services by Medical Consultants takes place on the basis of current medical and scientific knowledge, through the ICT system or a telecommunication system, with the use of known methods and means for diagnosis and curing diseases, in accordance with rules of professional ethics and with due care.

  16. The Service Provider verifies licences of Consultants required by the provisions of the binding law.

  17. E-consultations take place through the ICT system.

  18. Medical Consultants maintain medical documentation in accordance with the provisions of the law, particularly with the act on patient rights. Non-medical Consultants draw up E-consultations Service reports.

  19. Consultations may be preceded with conducting a survey regarding the current medical condition of the Patient, any previous treatment, results of examinations, prescribed medications or genetic predispositions.

  20. A Medical Consultant examines the Patient with the purpose of establishing their condition and selecting proper methods of treatment.

  21. The course of the E-consultations Service may be recorded by the Consultant, and a record of the consult may be stored on the servers indicated by the Consultant. By accepting the Terms and Conditions the Patient agrees for recording the course of the E-consultations Service, including creating a voice or audiovisual recording.

  22. A Patient may review their medical documentation. They may also receive a copy of their medical documentation in the place where it is stored, where the Service was Provided, at location indicated by a Medical Consultant, or through a provider of delivery services upon a charge defined within the Price List.

 

§ 3. Terms and conditions of concluding and terminating agreements

  1. The Agreement is concluded on the basis of the provisions of the Terms and Conditions for E-consultations and it is regarding medical services as per the act on consumer rights.

  2. Acceptance of a Consultant / Expert by the Patient is tantamount to concluding an agreement for the provision of E-consultations Services and acceptance of the Terms and Conditions for E-consultations.

  3. The Agreement is concluded for the duration of the E-consultations Service.

  4. The Patient has the possibility to withdraw from the Agreement at any time. In case of scheduled E-consultations Services, modification or resignation from the E-consult may result in a charge according to the Terms and Conditions for the Platform. After the E-consultations Service is conducted the Patient loses the right to withdraw from the Agreement of which they receive a relevant notice.

  5. Each of the parties may terminate the Agreement with immediate effect in case of a significant violation of the conditions of the Agreement, provisions of the law or rights of the other party or any third party by the other party.

 

§ 4. Terms and Conditions of Service

  1. Consultants provide E-consultations Service in exchange for payment of fees. Payment of fees for E-consultations Services takes place on the basis of terms defined within the Terms and Conditions for the Platform.

  2. Consultants are not authorised to accept any payments from Patients.

  3. By accepting these Terms and Conditions the Patient confirms that they are aware that the E-visits and Consultations are conducted by electronic means of communication and that a Consultant may if necessary refer the Patient to a physical examination to be performed by a professional medic.

  4. The Patient has the possibility to modify the scheduled E-consult on the basis of terms defined in the Terms and Conditions for the Platform, free of charge.

  5. The Patient is obliged to disclose to the Medical Consultant any information and circumstances which may be significant to the conduct of Telemedicine Services, including any copies of medical documentation, lab and imagery results, or previous examination results which may be necessary to provide the Telemedicine Services. The Patient also agrees to disclose to the Non-Medical Consultant any information or circumstances which may influence the result of the Consult.

  6. The Patient bears sole responsibility for any false information provided or if they neglect to disclose any crucial information mentioned above in case that information had or may have influenced the conduct of the E-consultations Service.

 

§ 5. Technical Requirements

In order for the E-consultations Service to be properly conducted the Patient is obliged to meet the technical requirements defined within the Terms and Conditions for the Platform.

 

§ 6. Terms of responsibility

  1. The Consultant / Expert and the Patient are obliged to repair any damage which the other party incurred as result of non-performance or improper performance of duties resulting from the Agreement or the Terms and Conditions for E-consultations unless the non-performance or improper performance was the result of circumstances for which the Party does not bear any responsibility.

  2. The Consultant / Expert does not bear responsibility for the Services of the Platform, provided by the Service Provider.

  3. The Consultant / Expert bears responsibility towards the Patient only for the non-performance or improper performance of the provisions of the Agreement resulting from the fault of the Consultant / Expert.

  4. The Consultant / Expert does not bear any responsibility for the Patient providing incomplete, false or incorrect information, especially in the case the Patient provides any data of third persons without their knowledge or consent. Sole responsibility for providing incorrect, incomplete, false or misleading or otherwise improper data lies on the Patient.

  5. The Consultant / Expert does not bear any responsibility for the results of the Patient using the Services in any way which is non-compliant with the Terms and Conditions.

  6. The Consultant / Expert does not bear any responsibility for:

    1. any damages caused to any third parties, resulting from the Patient using the services in a way which is non-compliant with the Terms and Conditions or any provisions of the law,

    2. any damages resulting from lack of continuity of the Service, resulting from any circumstances for which the Consultant / Expert does not bear any responsibility, from force majeure, from any activity or negligence of any third person, with the exception of the persons for whom the Consultant / Expert bears responsibility on the basis of provisions of the law,

    3. the Patient providing false or incomplete information upon registration.

 

§ 7. Complaints

  1. The Patient has the right to submit inquiries, remarks and complains with regards to the provision of the E-consultations Service. Inquiries, remarks and complaints regarding the Platform and any related technical issues should be submitted to obsluga@telemedi.co.

  2. Complaints shall be processed no longer than 14 working days unless a particular set of Organizational Regulations states a shorter period of time for processing.

  3. Contents of complaints should include at least:

    1. the data allowing for identification of the Patient: Patient’s login, first and last name, e-mail address, address for correspondence (for complaints submitted by mail);

    2. a definition of the subject of the complaint,

    3. a statement of the Patient’s demands,

    4. an indication of the date when the event which resulted in an improper provision of Access to the Service occurred,

 

§ 8. Final provisions

  1. Transferring any unlawful content or any content which is contrary to generally accepted principles of morality, or which violates the rights of the Service Provider or of others, or which may cause or encourage others to behave in a way which shall violate the law or the rights of any third parties, particularly their copyrights or moral rights, is prohibited.