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Terms of use

Terms of services provided by www.medicaladvisor.pl

§1. General provisions

  1. Definitions:
  1. Service Provider - MedicalAdvisor.pl sp. z o.o. with its registered office in Jasionka 954E, 36-002 Jasionka k. Rzeszowa, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court in Rzeszów under the number KRS 0000729771, Tax Identification Number 5170389778, Statistical Number 38007194200000, share capital 5,000zł paid in full.
  2. Website - a website maintained by the Service Provider at the address: www.medicaladvisor.pl
  3. Terms of service – the following terms of service provided by the Service Provider.
  4. User - a natural person with full legal capacity who has used the contact form.
  5. Professional - doctor, dentist, physiotherapist, rehabilitator, nurse, midwife, dietitian, therapist, or other person not mentioned above, performing activities in the field of health, providing health, medical, paramedical, cosmetic, aesthetic medicine, wellness and spa services,.
  6. Facility – a place of performing activities in the field of health, medical, paramedical, cosmetic services, in the field of aesthetic medicine, wellness and spa.
  7. Owner - a person authorized according to separate regulations to manage information about the Institution or the Insurer. These authorizations are verified by the Service Provider.
  8. Insurer - an entity providing insurance services.
  9. Profile – collection of information about the Institution and Professionals performing professional activities in the facility, placed on the Website in the form of a Website subpage with a unique URL address.
  10. Service - a service provided through electronic means consisting in sending and receiving data by means of public telecommunication systems at the individual request of the service recipient - the User, without simultaneous physical presence of the parties. The Service Provider provides Services under the following Terms.

§2. Types and scope of Services

  1. The Service Provider provides the following Services:
  1. enables Users to publish information and opinions about Professionals and Facilities;
  2. notifies about new information and opinions, if the User wishes to receive notifications in the form of a newsletter;
  3. enables verified Professionals and Institutions to provide and correct information about themselves, refer to Users' opinions, through the Service Provider;
  4. reserves the dates of Users' visits with Professionals and Facilities,
  5. assists in asking questions and answering Professionals and Facilities regarding their products and services.
  1. The Service Provider is not responsible for information and opinions about Professionals, Facilities, Insurance companies published on the website by Users.
  2. Access to the Website's services is free for Users.
  3. The Service Provider reserves the right to remove from the User's site entries that are incompatible with applicable legal regulations or violate personal rights.
  4. The Service Provider reserves the right to unilaterally amend the Terms in important cases, in particular in the case of changing the Website's functionality, changing the Service Provider's profile or changing provisions of law. The User will be informed about each change of the Terms via a newsletter, if he agrees to receive it, and by placing information on the change of such terms on the Service Provider's website. This information will contain a summary of the changes to the Terms. Informing about the change will take place not later than 14 calendar days before introduction of the amended Terms. In the event that the User does not accept the new content of the Terms, he / she is obliged to notify the Service Provider of this fact within 14 days from the date of informing about the change. The Service Provider and the User have the right to terminate the contract for the provision of electronic services.
  5. Using the Service Provider's website requires acceptance of the terms and conditions. The service may be used only in the manner indicated in the foregoing Terms.

§3. Terms of service

  1. In order to use the Service, the following technical conditions must be met:
    1. access to the Internet,
    2. an Internet browser (one of the following): Firefox, Chrome, Safari, IE, Opera, updated to the latest version.
  2. Everyone using the Internet may read information and opinions about Professionals and Facilities.
  3. The User may also:
    1. use the contact form,
    2. issue opinions about Professionals, Facilities and Insurers,
    3. start the service of notifying about new information and opinions in the form of a Newsletter,
    4. report abuses.
  4. The Service Provider reserves the right to temporarily suspend the provision of Services in connection with the modernization, or reconstruction of the Website or the conservation work of the ICT system. The Service Provider shall make every effort to ensure that interruptions in the provision of Services are not burdensome to Users.
  5. The Service Provider shall not be liable for interruptions in the provision of Services resulting from reasons beyond its control, in particular those constituting a force majeure (fires, floods, natural or meteorological disasters, etc.).
  6. The Service Provider shall not be liable to the Professional or the Facility for the fact that the User fails to appear at the agreed time. The Service Provider is not liable to the User for the inability to provide the service by a Facility or Professional due to reasons attributable to the Professional or Facility.
  7. Information published on the website by the Service Provider, regarding Facilities and / or Professionals, Health Care Providers are not advertisements of services or medical products. These are not medical advice, advice on medical or paramedical treatment, or cosmetic procedures.
  8. The Service Provider is not responsible for the course and result of the treatment, diagnostic, cosmetic, paramedical, therapeutic or other process selected by the User.

§4. Adding opinions and information about Professionals and Facilities; asking questions to Professionals:

  1. Opinions are published with the user's signature (nickname).
  2. Opinions and information about Professionals and / or Facilities, or Insurers may only relate to the professional activities of these entities.
  3. Opinions and information about Professionals and Facilities, Insurers may be based only on the User's personal experience regarding a given Professional and they must relate to consultations or visits that took place. Opinions and information cannot be based on third-party opinions. The only exception is the description of medical, paramedical, cosmetic service provided to children, elderly people, people unable to give an opinion.
  4. It is prohibited to post in the opinions of the Users advertising, marketing content or that referring to the so-called product placement which is not true, and thus violates the generally applicable laws or personal rights.
  5. The User is responsible for the content of information or opinion that he places on the Website.
  6. The Service Provider has the right to refuse to publish opinions, comments and information, and to remove the opinions, comments and information already published, if they are contrary to these Terms or provisions of law. In the event of removal of opinions, comments or information, the User is not entitled to any claim against the Service Provider.
  7. The Service Provider is not responsible for the content of information, opinions and comments provided by Users or Professionals, or authorized persons on behalf of Facilities or Insurers.
  8. By sending a query to a Professional, Facility, Insurance Provider, the User grants to the Service Provider a non-exclusive, unlimited in time, royalty free license to use the content of the question or its part globally in the following fields: reproduction with analogue and digital technology, entering into the computer's memory, entering into a computer or multimedia network, marketing, renting, public sharing in a place and time chosen by the Service Provider, displaying, broadcasting, re-issuing, posting questions in databases, using a question to promote the Service Provider and publicly displaying a question in the service. Removal of the Account by the User does not affect the validity of the above license.

§5. Information about Facilities, Professionals and Insurers:

  1. Placing information about the Facility, Professional, the Insurer on the website, requires providing at least basic information about him, including:

a. with regard to a Professional: professional title, first and last name, voivodeship, place of activity in the field of health or other services, address and contact details of the place of receiving the patients.

b. in relation to the Facility, Insurer: the name of the facility, the place of performance of the services, address and contact details of the place of receiving the patients.

  1. A Professional, Facility or the Insurer may provide the Service Provider other data, information, including photos to publish on the website. The content of information provided may not violate the generally applicable laws or personal rights. By posting a photo on the website, the Professional, Facility and the Insurer agree to disseminate and publicly share their image. By posting a photo on the website, the Professional, Facility and the Insurer grant the Service Provider a non-exclusive, unlimited in time royalty-free license to use the image globally, in the following fields of: reproduction with analogue and digital technology, entering into the computer's memory, entering into a computer or multimedia network, marketing, renting, public sharing in a place and time chosen by the Service Provider, displaying, broadcasting, re-issuing, posting photos in databases, using a photo to promote the Service Provider and publicly displaying a photo in the service. Removal of the above information from the website does not affect the validity of the above license.
  2. The Service Provider reserves the exclusive right to enter and edit information regarding the telephone number and other contact details regarding the activities of the Professional, Facility, and the Insurer. Placing information on the site takes place with the prior consent expressed in writing by a Professional or an authorized person on behalf of the Facility or the Insurer.
  3. The Service Provider has the right to refuse to publish information about the Professional, the Facility or the Insurer, including photos, and to remove the published one, if it is found to be untrue.  

§6. Conditions for concluding and terminating contracts for the provision of Services:

  1. Conclusion of a contract for the provision of Services takes place through the use of the contact form placed on the Website.
  2. Conclusion of a contract for the provision of Services involves consent to all provisions of the foregoing Terms without the need to submit additional statements for this purpose. The User undertakes to comply with the Terms.
  3. By concluding a contract for the provision of Services by a User, the Professional or Owner:
    1. confirms the authenticity of data provided by them;
    2. agrees to receive system messages to the designated e-mail account about technical breaks in the operation of the website, changes in the Terms and new functionalities.
  4. By concluding a contract for the provision of Services, the User, Professional or Owner accepts that his personal data will be publicly presented on the Internet.
  5. The contract for the provision of Services is concluded for an indefinite period.

In order to conclude a contract, the User, Professional, Owner, Insurer fills in the contact form at https://www.medicaladvisor.pl.

  1. In case of withdrawal of consent to any of the conditions of the Terms, the User, Professional, Owner, the Insurer is obliged to notify the Service Provider about withdrawal of consent.
  2. The User who is a consumer within the meaning of the relevant provisions has the right to withdraw from the agreement without giving a reason. Withdrawal from the agreement occurs by submitting a declaration of withdrawal from the agreement. The statement of withdrawal should be sent electronically to the address: kontakt@medicaladvisor.pl. To comply with the deadline, it is enough to send a statement before its expiry, i.e. 14 days from the date of conclusion of the contract.
  3. The Service Provider provides Users, Professionals, Owners and Insurers with access to their own personal data and enables their correcting, supplementing and deleting. If there are reasonable doubts as to the authenticity of the data, the Service Provider may request the submission of relevant documents confirming the data.
  4. The processing of personal data contained in the registration form takes place in connection with the concluded contract. The Service Provider processes personal data of the User in accordance with the Act of 29 August 1997 on the Protection of Personal Data and the Act of 18 July 2002 on the provision of electronic services.
  5. The Service Provider stores personal data for a period of 3 years.
  6. Each of the Parties may terminate the agreement for the provision of Services by electronic means without giving a reason and with immediate effect. Termination of the agreement for the provision of Services shall result in the deletion of data posted on the Website or provided to the Service Provider within 30 days of termination of the contract by the Service Provider or termination of the contract by the Party.
  7. The Service Provider reserves the right to modify the Services, tools and operation of the Website, including deletion of all data stored in the database, cessation of activities, transfer of rights to the Website and taking any actions related to the Website that are permitted by law. The Website shall not be entitled to any claims against the Service Provider for the indicated activities.

§7. Responsibility:

  1. The Service Provider is not responsible for the content and form of materials and information prepared by the User. The Service Provider is not responsible for claims of Users, Facilities, Professionals, Insurers and third parties whose rights and legitimate interests have been violated by these materials. The User acknowledges and agrees that the Service Provider is not obliged to check or verify materials or information posted by Users.
  2. The User, Facility, Professional or Insurer bear full responsibility for breaking the law or damage caused by their activities on the website, in particular providing false data, disclosing professional secrets, other confidential information or company secrets, violation of personal rights or copyrights and related rights.
  3. The Service Provider expressly reserves that the use of the website and services it provides is at the sole risk of the User, Professional, Facility or Insurer. All information and materials provided on the Website, as well as products and services provided via the website are not covered by the guarantee as to their value, suitability, comprehensiveness, completeness or usefulness.
  4. The Service Provider is not responsible for physical and legal defects of the free products offered and for the quality of free goods and services. The Service Provider is also not liable for the consequences of failure to perform or improper performance of any obligations or ability of these persons to incur any liabilities through the website.
  5. Responsibility of the Service Provider for the proper quality of goods and services for consideration is specified in the special provisions constituting the basis of paid services.
  6. The Service Provider does not give any guarantee of correct operation of the Website in whole or in part.
  7. In relation to entities other than consumers, the Service Provider is only liable for damages caused by the sole intentional fault of the Service Provider. The Service Provider's liability for lost profits is excluded.

§8. Reservations and complaints:

  1. The Service Provider will make every effort to ensure the proper operation of the Website and provide assistance in solving problems related to its operation.
  2. Reservations regarding the reliability of opinions or information contained on the Website may be reported by writing to the e-mail address: kontakt@medicaladvisor.pl.
  3. Responses to applications will be sent to the e-mail address of the User or Professional, the Facility and the Insurer.
  4. A complaint about disruptions in the functioning of the Website, problems and comments related to the services provided on the Website may be filed within 21 days from the date of the incident, by notification to the email address: kontakt@medicaladvisor.pl.
  5. A complaint is considered within 21 days from the date of its submission. If the deadline cannot be met, the Service Provider will provide justification for the delay in due time and set a new date.
  6. The Service Provider reserves the right to leave the complaint without recognition, if it results from ignorance of these Terms, its attachments or provisions of law. Claims containing vulgar or offensive content towards the Service Provider will not be considered.

§9. Final provisions:

  1. The User, the Professional, the Facility, the Insurers are responsible for providing the correct e-mail address and for the consequences resulting from this fact.
  2. The law applicable to these Terms and to the contract for the provision of Services is the Polish law.
  3. In matters not covered by the Terms, the provisions of the Act on Electronic Services, the Act on Copyright and Related Rights and the Civil Code shall apply.
  4. The court having jurisdiction over the seat of the Service Provider is competent to settle disputes arising from the provision of Services.