Regulations

REGULATIONS

 

§ 1

DEFINITIONS

 

  1. The Platform - the Internet Service providing services consisting of the registration and connection Internet Portal Users and enabling the transmission on information between the Users with the use to an electronic processing equipment including digital compression and storing data, which is entirely send, received and transmitted via telecommunication network, according to the Polish Telecommunication Law of 16th  June 2004 (Journal of Law 2004.171.1800 with later amendments) and other services determined in relevant agreements.

 

  1. The Agreement - Agreement on provision of electronic services of the content respecting Regulations, which particular subject is the use of the Profile

 

  1. The Service - a service provided by electronic means involving the organization of the contact between Users on the terms indicated in Regulations through the Platform in the providing of Information and Communication Technologies (ICT) tools for the exchange of information by users.

 

  1. The Contact: The Contact with Service Provider enabled through following channels:

a)      the electronic mail to an email address info@telemedi.co or through dedicated bookmark  for the website named “Contact”

b)      by phone - number: + 48(22) 4275999

c)      by regular mail to an address: Telmedicin sp. z o.o. Radziwie 7/260 01-164 Warszawa Poland

  1. Profile – editable element of the Platform through which the User can use the Services   

created through interactive registration form due to this Regulations, including information about the User voluntarily disclosed by him, specifying set of resources and powers of the User.

  1. Regulations –set of rules regulating inter alia relation between Users and between Users and the Platform available at : http://telemedi.co/regulamin

 

  1. The Parties: The Parties are User and Service Provider .

a)      Service Provider . - Telmedicin sp. z  o.o ( Telemedicin limited liability company)  address Radziwie 7/260 01-164 Warszawa, KRS: 0000516452 Poland

b)       User a person who is acquainted and accepted terms of Regulations, fulfilled registration form and created Profile: e-patient, e-doctor, e-nurse, e-midwife, e- lactation consultant. 

Users may be natural persons residing in the territory of the Polish Republic, which have full legal capacity.

 

  1. Profile Registration Application- interactive registration form, available on dedicated Platform sub-website , which after completing and submitting to Service Provider, according to terms of Regulations, shall constitute application for creating the Profile and acquire User status.

 

  1. The Personal Data Protection Act - the Personal Data Protection Act of 29 August 1997Act (Journal of Law 2002.101.96 with later amendments).

 

  1. Electronic Services Provisions Act - Electronic Services Provisions Act  of 18th  July 2002r.  (Journal of Law 2002.144.1244 with later amendments)

 

 

§ 2

GENERAL PROVISIONS

 

  1. .The Platform provides users ICT infrastructure to exchange information electronically, in particular in the form of directing  theUser Profile.

2.      .Service provided by the Platform base on registration and associating Users and enabling the transfer of data and information between Users via electronic processing equipment, as well as on intermediation in making financial settlements between Participants

 

3.      The Platform is not a therapeutic entity within the meaning of the Act of 15 April 2011. on medical activity (Journal. Laws 2013.217) and the same in any respect does not provide medical services.

 

  1. .The Regulations sets terms and conditions for use of the Service of the Platform at address telemedia.co, as well as the rights and obligations of the Users, and the rights and duties and responsibilities of the Platform, as well is the Regulations of providing services electronically within the meaning of the Act on Providing of Services Electronically.

 

  1. The Regulations is available free of charge before the conclusion of the agreement on the Platform website, and also - at the request of the User - in a way that allows the acquisition by him,  reconstruction and preserve content of the Regulation with using ICT system.

 

  1. Using Platform services remains under rules to the agreement concluded between the User and the Service Provider. These rules apply to all Users of the Services, in particular providing information using the Services.

 

  1. The User accepts the Regulations before using the Platform. In the absence of its acceptance the User may not use the Services.

 

  1. The information contained on the website does not constitute an offer within the meaning of the Civil Code 1.  (Legal Act of 23 April 1964 (J. of L. 1964.16. 93 with later amendments)

 

  1. User is forbidden to:

a)      providing content prohibited by law, inter alia violating personal rights or other rights of the third parties;

 b)  act in a manner that violates the law or to circumvent the law as also act contrary to the principles of social coexistence or morality;

c)  using the Platform in a way that distorts its operation or disruptive to the Service Provider and other Users.

 

  1. In order to use the Platform and Services, ICT system used by the User, must meet the following minimum Technical requirements:

 a) must have the device with access to the Internet

b) installed and updated Chrome web-browser version with enabled handling applications necessary

 c) the newest and activate JavaScript

 d) the active profile of electronic mail (e-mail)

 e) minimum screen resolution of 1024x768 pixels -  recommended

 

  1. In order to secure provide Services , the Service Provider shall take all necessary measures, in particular technical one, adequate to the scope of the threat.

 

  1. The Service Provider indicates that the use of the Internet and electronically providing services could be at risk of getting malware into an ICT system and the device's User as well as unauthorized access to User data by the third parties, including personal information. In order to minimize these risks, the User should use appropriate technical securities, inter alia, using current antivirus or protect identification of User in the Internet network. In order to obtain detailed and professional information about staying safe in the Internet network, the Service Provider recommends the consultation with the entities that are specialize in this kind of IT services.

 

  1. .Agreements are concluded in accordance with Polish law and in Polish language

 

  1. Violations of the Regulations should be reported in the manner indicated in mentioned in the Contact.

§ 3

REGISTRATION RULES

 

  1. In order to use the functionality of the Platform and other elements of Services, the User should set up a Profile.
  2. Profile provided by the Provider is free of charge.
  3. The User creates an individual Profile by Registration.
  4. Registration procedures shall follow:

a)      fill in a complete and truthful mode Profile Registration Application available on one of the sub - website of the Platform in the bookmark called "Sign Up"

b)      accurately read the Regulations and accept it;

c)      to send a completed Application to Service Provider, following the messages displayed on the (website ) during the procedure;

d)     activate the Profile via the link contained in the e-mail message sent to the User at the address provided during Registration

e)      signing in the Platform service

 

  1. Providing the data required during Registration is optional, but may be necessary in order to fully access to Services.

 

  1. Agreement on the Provision Services Electronically by the Service Provider shall be concluded by the acceptance of the User for an indefinite period upon registration the User Profile.  Embedding, securing and providing to the User content concluding Agreement will be in an electronic form.

 

  1. The Profile contains information provided by the User during Registration, therefore the User during the registration procedure gives consent to the processing of their personal data for the purposes of the implementation Services in accordance with the Regulations. The User has access to their data after signing in to his Profile, can edit them in a bookmark : “Edit Profile" and may remove the Profile together with personal data through the notification of such a request to the Service Provider.

 

  1. In the process of Registration, the User provides a login and password, through which get access to the Profile. After registration, each sinning in take place with using data specified by the User in the registration form.

 

  1. Profile can only have one owner. The User acknowledges and accepts his responsibility for the use of his Profile.

 

  1. .Password be kept confidential, for the exclusive knowledge of User. It is not allowed to grant to the User data to third parties necessary to use the Internet Service through User Profile, as well as the User is not allowed to use the Profile, which is not the owner.

 

  1. .The User should immediately inform the Provider in the manner indicated in the Contact of all kinds of security breaches or about incident of using his profile by unauthorized persons.

 

§ 4
PLATFORM SERVICES

 

  1. The Platform does not provide medical service within the meaning of Art. 3 of the Act on therapeutic activity , in particular, does not provide consultation, health services, health promotion or not carrying out teaching and researches in relation with  providing health services and health promotion.

 

  1. Through the portal and Services provided electronically is organized only contact between Users in order to exchange information about their knowledge and experience in the health and medical matters. In exchange of information Users profile "e-patient" are not entitled to the providing information in this respect.

 

  1. The information passed by the User of profile other than the "e-patient" is not a medical diagnosis or a  medical consultation and does not substitute for the User of Profile "e-patient" treatment or therapy, performed by the entity conducting medical service, especially not a substitute for medical consultation and another.

 

  1. The data provided by the User via the Services are not medical records within the meaning of the Regulation of the Minister of Health of 21 December 2006 on The Types and extent of medical record in health care institutions  and its  processing  . (J. of L. 2006.247.1819) The data entered by the User of profile "e-patient" in  action “ Arrange consultation” are abstract descriptions of symptoms and the underlying situation and the topic of conversation between Users.

 

  1. “Video - consultation" is a contact form established electronically during which is exchanged information between the User of Profile "e-patient" and the User with different profile with using the Platform technical infrastructure.

 

  1. User of profile "e-patient" who is logged in, arranges video – consultation with chosen by himself other User of profile different than "e-patient" who has a certain knowledge -by activating the button "See a doctor now"- in the specified time  available in the schedule dedicated to User of profile other than "e-patient", after that the User of profile "e-patient" carry out the procedure making payments.

 

  1. Payment is normally determined by the price of 15 (fifteen) minutes of video - consultation. In individual cases, condition of using of Platforms services can be order of more than one time  unit (a multiple of 15 minutes), as well as may be established other than the 15-minutes time units. In this regard, the relevant information will be every single time on the of the Platform website. The price is a gross price (includes all taxes and fees, including VAT) offered in Polish currency (PLN) and is binding upon activation by the User button "Proceed to payment". Up to this point the User can also modify his order.

 

  1. To make payment the button „skip to payments” shall be activated then system automatically transfer User to internet payment platform –Transferuj.pl (transfer.pl) where the choice between forms of payments can be made in the system on the website –secure.transferuj.pl

 

  1. The rates for Services is will be on the website: http://telemedi.co/

 

  1. The User of profile "e-patient" is entitled to an appeal already placed order within 24 hours before the agreed date of order performance. In this case the User Profile "e-patient" will receive back already paid actual price decreased for the costs of the transfer means of payment and handling costs in the amount of 5% of the gross price. Appeal against the order shall be made through the activation the button - "Cancel" on the Platform website. After 24 hours price paid by the User of Profile "e-patient" is not refundable.

 

§ 5

CONDITION OF TERMINATION THE AGREEMENT

 

1.      The principles contained in the Regulation and Agreement on providing service electronically  oblige User till terminated them either by him or the Service, or as a result of withdraw the Agreement by the User who is also a  consumer within the meaning of the Act of 20 March of 2000 on The protection of certain consumer rights and liability for damage caused by a dangerous product ( J.of. L 2000.22 .271).

 

2.      On the basis of the Act referred to in paragraph. 1, the consumer may withdraw from the Agreement without providing reason by making in writing form an appropriate statement, within ten days from the date of its conclusion (to comply with this deadline is enough to send a statement before its expiration). Right to the withdraw from the Agreement concluded at a distance is not considered, in particular, if the providing of the Services has started, with the consent of the consumer prior to the deadline referred to above and benefits, which due to their nature cannot be returned.

 

3.      The User may terminate the Agreement with the Service Provider at any time by notice of termination of the agreement and the closing of his Profile, unless otherwise is stated in other agreements linking the Platform and User. In such a situation, such agreement are treated as special rules having precedence over the provisions of the Regulations.

 

4.      The Service Provider may terminate the agreement with the User, also by removing the User Profile at any time with immediate effect in the event of:

a)       breach by the User of the terms of the agreement and the Regulations

b)      when the User takes action to the detriment of other Users, third parties or the Service Provider,

c)      if the Service Provider under the provisions of the applicable law, has an obligation to terminate the contract.

d)      in the circumstances specified in other agreements linking the Platform and User.

 

§ 9

RESPONSIBILITY PRINCIPLES

 

  1. .The Service Provider shall provide technical efficiency and correctness of the activity of th Platform which have placed the contents.

 

  1. Activities of exchange of information between Users are executed for the User of profile "e-patient" by the User with different profile than the "e-patient consequently the Platform is not a party to any relations between the Users. In this case the User has the right to demand executing of any possible commitments only from the User, which he established a relationship.

 

  1. The Service Provider shall not be liable:

a) for damages resulting from the using the Platform in a manner contrary with normal usage consistent with its purpose and arising from improper using the Services, by the User,

b) due to violation by User rights of third parties,

c) for damages resulting from breach by the User of the relevant data protection of the Profile and the failure to comply with safety rules of apply to using Internet,

d)  for the contents posted on the Site by Users.

 

  1. In the case of damage caused by the User, the Service Provider is entitled to claim compensation on general principles.

 

 

§ 10

COMPLAINTS

 

  1. Service Provider will use his best endeavors that Services shall be performed in a satisfactory manner for the Users, however User is entitled to a claim in subject of improperly Services provided within the Platform. Complaints may concern only the range of services provided by the Platform and do not include the relationship between the Users.

 

  1. If the Platform service is not provided because of  the exclusive fault of the Platform

 (technical considerations) or User of profile other than the "e-patient", then to User of

Profile "e-patient" is returned full price. If the Platform service is not provided because of the fault of the User of Profile "e-patient", then the price paid is not refundable.

 

  1. Complaints should be submitted in the form of regular correspondence directed to the address of the Service Provider: Telmedicin sp., Ltd. Radziwie 7/260, 01-164 Warsaw Poland, or in the form of e-mail, direct to the e-mail address of the Service Provider info@telmedi.co

 

  1. Complaints will be examined by the Service Provider immediately, but not later than within 14 days from the receiving day.

 

  1. The content of the complaint should contain at least the following information:

a) identification User data i.e.: Username, name and last name, e-mail address, regular address, (for complaints submitted by regular post);

b) determination the subject of complaint,

c) determination possible claims of the User,

d) the date of the event of providing the Service default by the Provider.

 

  1. About examination of complaint the User will be informed in a message sent to the address of the complaining party indicated in the complaint.

 

§ 11

PRIVATE POLICY

 

  1. The personal data submitted by the User are processed by the Service Provider, which is the administrator of the data within the meaning of the Act of 29 August 1997 on Personal Data Protection. (J. of L.1997.133.883)

 

  1. Personal data, in particular: first name, last name, e-mail address, date of birth will be processed in order to create Profile, organizing the exchange of information between the Users on a base on the rules set out in the Regulations, examination in complaints filed, a notices of breach of the Regulations and the termination of the Agreement. Data collected through the Services use to provide and maintain these services and their updates, as well as to protect the Service Provider and Users and their rights. Before using the information for other purposes than this set, the Service Provider will ask the User for permission.

 

  1. .The processing of the User personal data for marketing purposes requires separate approval. The providing of services by the Service Provider is not dependent on the expression of such approval.
  2. The data are not shared with third parties otherwise than with the consent of the User.

 

  1. The User has the right to access to his data, to correct them and remove. In the bookmark "Edit profile" every User after signing up and logged in, has access to his data and may change them.

 

  1. Entrusted personal data are stored and secured in accordance with the principles set out in the applicable laws: the Law on Personal Data Protection Act, The Act on Provision of Electronic Services, the Regulation of the Minister of Internal Affairs and Administration on documentation of processing personal data and technical and organizational conditions which shall meet equipment and systems for processing personal data (Journal. Laws No. 100, item.1024).

 

  1. The Service Provider ensures comprehensive technical measures to prevent the acquisition and modification personal data transmitted electronically by unauthorized persons.

 

  1. .For the proper operation of the service, the Service Provider uses technology cookies files. Cookies files are small packets of information saved on the User device, usually contained the address of the site, date, place, date of expiration, a unique number and additional information in accordance with the intended use of the file.

 

  1. The User can disconnect saving of cookies on his device, in accordance with the manufacturer's instructions browser, but this may result in the unavailability of part or all of service function.

 

  1. On the basis of cookies files is not possible to determine the identity of the User

 

  1. Files generating