TERMS AND CONDITIONS OF SERVICES
TERMS AND CONDITIONS OF SERVICES
TERMS AND CONDITIONS FOR SERVICES PROVIDED BY ELECTRONIC MEANS
1.1. Access Service - the access service “Telemedi.com Platform”, provided by the Service Provider electronically to Patients, consisting of granting access and organizing E-Visits;
1.2. Advice - a form of E-Visit, provided by the Expert, which may take the form of dietary, psychological, coaching, training advice, etc;
1.3. Agreements - Agreements for the provision of Services concluded on the basis of the Terms and Conditions;
1.4. Assistant - an individual designated by the Service Provider or Partner to register Patients, provide via Hotline basic information about Services, operation of the information and communication system and availability of Consultants, Experts and Services. The Assistant shall direct the Patient's call to a Consultant or Expert in accordance with the Terms and Conditions, and may also establish a connection with the Patient in order to connect the Patient with a Consultant or Expert;
1.5. Consultant - a natural person who conducts medical activity in accordance with the provisions of the Act on Medical Activity (in Polish: Ustawa o działaności leczniczej), or who is employed by such an entity, or who performs work for the Provider or cooperates with the Provider, providing Telemedicine Services using the Platform under a contract concluded with the Provider. Consultants, to the extent that health services are provided by the Service Provider, provide health services on the basis of the Terms and Conditions and Organizational Terms and Conditions of the Service Provider. To the extent that health services are provided by Consultants acting as entities independent of the Service Provider, they provide health services on the basis of their own Organizational Terms and Conditions, as referred to in the Act on Medical Activity (in Polish: Ustawa o działaności leczniczej);
1.6. E-Visit - a type of Service that includes Telemedicine Services and Advice;
1.7. Expert - a health professional providing Advice using the Platform under an agreement concluded with the Service Provider;
1.8. Form - Internet Form, in which the Patient completes the data necessary to order Telemedicine Services in accordance with the Terms and Conditions;
1.9. Hotline - telephone service of the Patient, available at the telephone number +48 22 307 49 94 (the cost of the call in accordance with the tables of charges of telecommunication operators);
1.10. Login - Patient's electronic mail address (e-mail address) indicated during the conclusion of the agreement. The address is used for each access to the Profile;
1.11. On-call time - time during which a Consultant or an Expert is available on the Platform and performs E-Visits during hours not included in the Schedule;
1.12. Organisational Terms and Conditions - the organisational terms and conditions of the Service Provider, drawn up in accordance with the provisions of the Healthcare Activities Act, published on the website www.telemedi.com;
1.13. Partner - a contractor of the Service Provider, in particular an entity conducting insurance, financial, medical activities or an employer, which concludes an agreement with the Service Provider, under which its beneficiaries (insured or employees) gain access to the Access Service and E-Visit Service under the terms indicated in the agreement;
1.14. Password - string of characters used to gain authorized access to the Profile on the Platform and used to identify the Patient while providing Services, determined independently by the person registering the Profile or the Patient, or assigned automatically by the system during profile registration, with the length of at least 8 characters, containing lowercase and uppercase letters, digits or special characters;
1.15. Patient - a natural person who is at least 18 years old and has not been deprived of legal capacity, including a natural person running business, who uses the Access Service or E-visit granted by the Service Provider. A Patient may be a minor or a person without full legal capacity, to the extent that he/she is represented by a legal representative;
1.16. Platform - an application available at the website www.telemedi.com and its subdomains or in the form of an application for mobile devices, forming part of the ICT system, enabling the provision of Platform Services;
1.17. Price List - price list for Services made available to the Patient before concluding of the Agreement, indicating amounts to be paid to the Service Provider in exchange for the provision of Services; the Price List is made available on the Platform;
1.18. Profile - an individual and authorized Patient's account on the Platform;
1.19. Service Provider - Telmedicin sp. z o.o. with a seat in Warsaw at Marynarska 13 street, postcode 02-674, registered in the Register of Entrepreneurs of the National Court Register, conducted by the District Court for the Capital City of Warsaw, XIII Commercial Division of the National Court Register under the number KRS: 0000516452, NIP: 5272720482, providing services under the Terms and Conditions, being a registered Entity Performing Medical Activities with entry number in the Register of Entities Performing Medical Activities 000000191183.
1.20. Services - services provided on the basis of the Terms and Conditions;
1.21. Subscription - means a paid (in a monthly settlement model) right to use the health services specified in the contract.
1.22. Telemedicine Services - a health service provided by the Consultant using ICT systems or communication systems within the meaning of the Act on Medical Activity (in Polish: Ustawa o działaności leczniczej);
1.23. Terms and Conditions - these Terms and Conditions;
2. General provisions
2.1. The Terms and Conditions are made available free of charge on the website www.telemedi.com in a way that makes it possible to obtain, reproduce and record their content.
2.2. By accepting the Terms and Conditions the Patient accepts the fact that the Services are provided only by means of electronic communication.
2.3. If the connection with the Consultant or the Expert is not possible, is difficult or takes too long, and the Patient's health condition or well-being deteriorates, the Patient should immediately seek help in another unit providing treatment.
2.4. In case of a sudden deterioration of health or well-being, the Patient should immediately contact the emergency number 112 in order to call an ambulance or go to the nearest healthcare provider.
2.5. Contact or attempted contact with a Consultant or Expert must not delay or replace the performance of activities set out in sections 2.3 and 2.4 of the Terms and Conditions.
2.6. In case of obtaining reliable information that the Patient may require immediate assistance and information on his/her whereabouts, the Assistant, Consultant or Expert - fulfilling his/her duty to provide assistance - may provide the Patient with necessary information or call an ambulance.
2.7. These Terms and Conditions shall apply mutatis mutandis to Agreements entered into by the Service Provider with Partners, corporate clients or other contractors using the Platform to the extent not governed by those Agreements.
2.8. In matters not regulated herein, the provisions of universally applicable law shall apply.
2.9. The Service Provider is an entity conducting medical activity and providing health services within the meaning of the Act on Medical Activity (in Polish: Ustawa o działaności leczniczej). E-visit services may be provided by the Service Provider or other entities performing medical activities on the basis of agreements concluded with the Service Provider.
2.10. Within the scope of services, the Service Provider may carry out health promotion actions, in accordance with the generally applicable regulations, including in particular art. 3 section 2 point 1 of the Act on Medical Activity (in Polish: Ustawa o działaności leczniczej). 1 of the Act on Medical Activity (in Polish: Ustawa o działaności leczniczej). The Service Provider shall determine the rules of conducting health promotion actions in separate regulations or conditions. In matters not regulated by the regulations of the promotion, the Platform's regulations shall apply.
3. Conditions for the provision of services
3.1. Some Services are provided against payment. Payment for Services takes place according to the rules set out in the Terms and Conditions. Consultants and Experts are not entitled to charge fees from Patients.
3.2. By accepting the Terms and Conditions, the Patient takes into account the fact that E-visits are provided by means of electronic communication and that the Consultant or Expert may, if necessary, recommend a physical examination by a medical professional.
3.3. The Patient has the possibility to modify the arranged E-visit Service free of charge on the principles specified in the Terms and Conditions.
3.4. The Patient shall disclose to the Consultant or the Expert all information and circumstances that may be relevant to the provision of the E-Visit, including making available copies of medical records, test results that may be necessary for the provision of the E-Visit. The Patient shall disclose to the Consultant or the Expert all information and circumstances that may affect the Service provided. Failure to provide information or to provide medical records may result in the inability to continue the provision of the healthcare service. The Patient shall be liable for untruthful or concealed information if it had or could have influenced the performance of the Service.
3.5. Provision of certain Services organized by the Service Provider may be conditioned by the need for the Patient to provide additional data, specified in the relevant provisions of the Terms and Conditions.
3.6. An E-Visit lasts 15 minutes (one time unit). If the E-visit Service requires more time, the Consultant or the Expert shall extend the time of the E-visit to the time medically necessary for the Patient's problem. No fee shall be charged for extending the consultation time.
3.7. The maximum waiting time for connection with a Consultant or an Expert during their availability hours, provided that the Patient meets the conditions specified in the Terms and Conditions and makes an appointment for a specific date of the E-Visit, is 60 minutes. In the case of prolonged waiting time or unavailability of Consultants or Experts, the Service Provider shall inform the Patient.
3.8. The Patient is obliged to cancel an ordered E-visit at least 24 hours before its scheduled commencement. If the Patient does not call or does not receive a call from a Consultant, Assistant or Expert on the previously selected date, the Service Provider reserves the right to charge the Patient with a fee equal to the price of the ordered E-visit.
3.9. The cost of an E-Visit Service depends on the type of E-Visit Service selected. The prices in the Price List include a unit E-Visit Service.
4. Access Service
4.1. The Service Provider provides the Access Service via the Platform.
4.2. The Access Service comprises, among other things, organisation of provision of the Services, communication by means of electronic and telephone communication, provision and maintenance of the Platform, registration and maintenance of the Profile, operation of the Infoline, investigation of satisfaction with the Service by sending requests or telephone contact for evaluation of the service provided, investigation of preferences with respect to demand for products or services by sending requests or telephone contact with information about products or services.
4.3. The Service Provider provides the Access Service free of charge 24 hours a day, 7 days a week, to the extent that it concerns the User's access to the Platform. Within the scope of the hotline Service Provider provides Access Service on working days from 8:00 to 20:00 . Availability of the Access Service referred to in the previous sentence may be subject to change. Within the scope of E-Visits, availability is determined by the availability hours of individual Experts and Consultants, specified within the Platform.
4.4. As part of the organization of the Services, the Assistant may receive or initiate calls to the Patient under the terms of the Terms and Conditions.
4.5. The Assistant shall be entitled to perform initial registration of data and to connect the Patient, at his/her request, with a Consultant or an Expert, to provide the Consultant or the Expert with additional information from the Patient, including information in the form of documents necessary to perform the E-visit.
4.6. The course of communication with the Assistant, Consultant and Expert is recorded. Before the communication starts, the person communicating with the Assistant, Consultant and Expert is informed about the registration. The continuation of the conversation implies consent to registration - of which the person communicating is additionally informed before registration begins. If the person communicating with the Assistant, Consultant and Expert does not agree to register, he/she is obliged to terminate the conversation.
4.7. The Service Provider reserves the right to temporarily limit the availability of the Access Service when it is necessary to carry out necessary maintenance and servicing works. Users will be informed in advance about all cases of limitation.
4.8. The Service Provider makes the Directory available to Patients.
5.1. The entity providing E-visit Services is a Consultant or an Expert accepted by the Patient. A Consultant or an Expert may be selected randomly by the system - the conclusion of the contract with the Service Provider shall take place upon acceptance of a Consultant or an Expert. The E-Visit service is payable. A Patient may refuse to accept a Consultant or an Expert, in which case the connection with a Consultant or an Expert shall be disconnected and the Patient shall not be charged for an E-visit.
5.2. A Consultant or Expert may provide E-Visit Services acting as an employee or associate of the Service Provider. In that case, the Provider is the healthcare provider responsible for the patient's care. The E-Visit service takes place in accordance with the procedures and conditions specified by the Service Provider.
5.3. A Consultant or an Expert may provide E-visit Services acting as an independent healthcare provider. In that case, the medical entity responsible for patient care shall be the Consultant or the Expert or the medical entity which employs them. The E-Visit Service shall take place in accordance with the procedures and conditions established by the medical entity responsible for healthcare.
5.4. The acceptance of the Consultant or the Expert shall be tantamount to giving consent for the provision of health services.
5.5. The Consultant or Expert shall provide the E-Visit Services, as defined in the Terms and Conditions, to the Patient via the Platform.
5.6. Consultants and Experts shall perform E-Visit Services in accordance with the Schedule or during the On-Call Time.
5.7. In order to use the E-Visit Service, it is necessary to meet the conditions specified in the Terms and Conditions and to accept the Consultant or the Expert.
5.8. The Patient selects the type of E-Visit service from the available options:
a. immediate - information exchange takes place after choosing the option of Immediate E-Visit service, accepting the Consultant or Expert on Duty and establishing connection with the Consultant or Expert; in case of Immediate E-Visit service the Patient has a possibility of contacting the Consultant on Duty;
b. appointed - information exchange takes place after the selection of the option of E-visit appointment service, appointment selection and acceptance of a Consultant or an Expert; establishing connection with a Consultant or an Expert requires the Patient's logging on the Platform again on the day and time corresponding to the selected appointment or - if the service is to be rendered by phone - availability at the indicated telephone number;
5.8.2. asynchronous exchange - information exchange takes place after the Patient chooses the asynchronous E-Visit service option, accepts the Consultant or the Expert and fills in the electronic form. Within the asynchronous exchange, the Patient can attach specific documents and send them to the Consultant, who replies within 48 hours.
5.9. The Patient's communication with the Consultant or Expert may take the form of:
a. chat - exchange of short text messages between the Patient and the Consultant or the Expert;
b. teleconference - audio transmission between the Patient and the Consultant or the Expert via telephone or the Platform;
c. videoconferencing - audiovisual transmission between the Patient and the Consultant or the Expert via telephone or the Platform;
d. email exchanges.
5.10. The availability of particular types of E-Visit services and forms of communication is indicated on the Platform and is dependent on the particular Consultant/Expert who provides E-Visit services.
5.11. The asynchronous form is initiated in the form of a chat, while the contact from the Consultant/Expert may take place in any form, depending on the choice made by the Patient or the option available. If the Consultant determines that it is not possible to respond in the form selected by the Patient, the Patient will be informed of this fact via the Platform or in the form of an email or text message sent to a mobile phone. The Patient decides whether to use the proposed form of communication.
5.12. As a condition of ordering a Telemedicine Services, the following information must be completed in the Profile: (1) first name(s) and surname(s), (2) date of birth, (3) gender, (4) nationality, (5) address of residence, (6) PESEL number, if assigned, or other registration number (if no PESEL number is assigned), (7) health data and documents related to the provision of the Telemedicine Services (optionally attached), (8) e-mail address and contact telephone number (excluding landline telephone number).
5.13. The data referred to in the preceding paragraph shall be provided by the Patient in the Form.
5.14. Telemedicine Services are provided by Consultants within the scope indicated in the Catalogue and Organizational Terms and Conditions, taking into account the specific nature of the Telemedicine Service. Telemedicine services do not include health services that require personal, direct contact with a medical professional. If this is justified in particular by the Patient's state of health, the Patient's request or legal obligations incumbent on the Consultant, the Consultant shall inform about the need for direct contact with a medical professional in order to continue health care. The Consultant may recommend a physical examination by a medical professional if necessary.
5.15. As part of providing the Telemedicine Service, an eligible Consultant may issue a prescription, referral, order for the provision of medical devices, and a certificate of inability to work if warranted by the patient's condition as reflected in the medical records. If postage is used, a handling fee may be charged in accordance with the Price List. The handling fee is not a form of remuneration for issuing the prescription, but serves to cover costs related to the dispatch of the prescription to the address indicated by the Patient.
5.16. In the case of collecting a prescription, referral or an order for the supply of medical devices, the postal worker may require the Patient's ID card to be presented; if the ID card is not presented, the indicated documents may be returned to the Consultant.
5.17. In order to issue a prescription, the Consultant may require the Patient to submit documents confirming their health condition, in particular medical documentation such as a hospital discharge card, laboratory/imaging test results, a certificate from a specialist doctor.
5.18. Consultants and Experts have all legally required authorizations and qualifications to provide Telemedicine Services within the scope of their services. Service Provider shall verify the rights of Consultants and Experts under applicable law.
5.19. Provision of Telemedicine services by the Consultants, is based on the indications of the current medical and scientific knowledge, available via ICT system or communication system, methods and means of diagnosis and treatment of diseases, in accordance with the principles of professional ethics and with due diligence.
5.20. Consultants and Experts shall keep and store medical records in accordance with legal regulations, in particular in accordance with the Act on Patients' Rights (in Polish :Ustawa o Prawach pacjenta). The Patient may access medical records under the terms of the Act on Patient Rights (in Polish :Ustawa o Prawach pacjenta) and Patient Ombudsman (in Polish: Ustawa Rzeczniku praw pacjenta). Provider also provides access to medical records through the Profile on the Platform.
5.21. E-visit may be preceded by a questionnaire regarding patient's general health condition, previous treatment, test results, medications taken or genetic predisposition and risk factors.
5.22. The consultant conducts an examination of the Patient, which is aimed at assessing his or her state of health and selecting appropriate methods of treatment.
5.23. The course of the E-Visit services may be recorded by the Consultant or the Expert and the recording may be stored on the Service Provider's servers. Before the start of individual E-visit services, the Patient shall be informed about the recording. Continuation of the conversation means consent to the recording, of which the Patient shall be informed before the recording begins. In the case of lack of consent for recording, the Patient shall be obliged to terminate the conversation within the framework of which the E-Visit services are to be performed. In the case of lack of consent for recording of E-visit services, the Patient has the option to use individual services in the form of a chat.
5.24. An E-Visit may constitute a healthcare service financed by public funds as part of the services financed by the National Health Fund (in Polish: Narodowy Fundusz Zdrowia). Implementation of E-Visit in this regard takes place in accordance with the rules resulting from universally applicable laws.
6. E-visits for Patients residing in Third Countries
6.1. For purposes of this Section 6, the following definitions shall have the following meanings:
6.1.1. Advisor - The Consultant, Expert or non-medical professional who provides the Information Service;
6.1.2. Consultant - an individual who runs a health care provider or is employed by such a provider, or who works for or with the Provider, providing Telemedicine Services using the Platform under a contract with the Provider. Consultants, to the extent that health services are provided by the Service Provider, provide health services on the basis of the Terms and Conditions and Organizational Terms and Conditions of the Service Provider. To the extent that health services are provided by Consultants acting as entities independent of the Service Provider, they provide health services on the basis of their own Organizational Terms and Conditions (if applicable);
6.1.3. Expert - a health professional providing Advice using the Platform under an agreement concluded with the Service Provider;
6.1.4. E-Visit - a type of Service that includes Telemedicine Servicess, Advice and Information Services;
6.1.5. Third Country - any country other than the Republic of Poland;
6.1.6. Information Service - a form of E-Visit provided by the Advisor that is not a health Services but is intended to provide general health information.
6.2. For Patients residing in a Third Country, the provider of E-Visits is a Consultant, Expert or Advisor accepted by the Patient. The Consultant, Expert or Advisor may be randomly selected by the system - the conclusion of the contract with the Service Provider is made upon acceptance of the person of the Consultant, Expert or Advisor. The E-Visit service is payable, and the payment will be made by the Patient or the Service Provider's Partner in accordance with the principles set out in pt. 11 of the Terms and Conditions. A Patient may refuse to accept a Consultant, Expert or Advisor - in such a case, the connection with the Consultant, Expert or Advisor shall be disconnected and the Patient shall not be charged with payment for the E-Visit.
6.3. Consultant, Expert or Advisor, as applicable, may provide E-Visit services while acting as an employee or associate of the Service Provider. In that case, the healthcare provider responsible for the healthcare of the patient or for the performance of the service, as appropriate, is the Service Provider. The E-Visit service shall take place in accordance with the procedures and conditions specified by the Service Provider.
6.4. Consultant, Expert or Advisor, as applicable, may provide E-Visit services acting as an independent healthcare provider (Consultant, Expert) or service provider, as applicable (Advisor). In such case, the entity responsible (i) for the healthcare of the Patient is the Consultant or the Expert or the therapeutic entity that employs them or (ii) for the provision of the service to the Patient is the Advisor or the entity that employs him/her. The E-Visit Service shall be provided in accordance with the procedures and conditions set forth by the medical entity responsible for the healthcare or performance of the service.
6.5. The provisions of Section 5.4 - 5.24 shall apply mutatis mutandis to E-Visits made pursuant to this Section 6.
7. Support service in the implementation of medical recommendations
7.1. For E-Visits made through the Platform, the Patient will use the Medical Recommendation Support Service. The service of support in carrying out medical recommendations is free of charge. The Service may be available on the Platform and selected subdomains of the Platform.
7.2. As part of the Service of support in carrying out medical recommendations, the Patient, who during the Telemedicine Service was issued an e-prescription or prescribed medicinal products available without a prescription, on the basis of analysis of data from the implementation of the E-Visit concerning medicinal products will be displayed a list of these medicinal products together with a hyperlink to the website of the Internet pharmacy cooperating with the Service Provider, where it is possible to order or purchase them.
7.3. After clicking on the hyperlink, the Patient will be automatically redirected to the Internet platform that enables the placement of orders by Patients for Products admitted to sale at pharmacies open to the public.
7.4. The rules of using the Internet platform are defined by separate regulations of providing services available on that Internet platform. Entering the website of the Internet platform does not oblige the Patient to purchase specific medicinal products.
8. Survey implementation service
8.1. Through the Platform, the Patient may order a test in medical entities cooperating with the Service Provider. Tests that can be ordered by the Patient include:
8.1.1. Medical Laboratory Testing;
8.1.2. Imaging studies.
8.2. Tests are performed by the Service Provider in cooperation with other medical entities. Provider makes available the results of the study in the Patient's Account. The list of currently available examinations is available on the Platform. Tests are carried out against payment.
8.3. The results of tests ordered via the Platform will be available to the Patient in their Account on the Platform at the moment they are transmitted by the healthcare provider directly performing the test to the Provider's IT system. The results will be made available in a format allowing for their downloading and printing. The Patient will be informed of the availability of the results via a text message (SMS).
8.4. If the examination requires a referral, the Patient may, via the Portal, submit the referral in electronic form.
9. Medical device integration service
9.1. A Patient using medical devices integrated with the Platform may connect their Account to those medical devices. The connection of the medical device to the Platform should be carried out in accordance with the instructions for use made available to the Patient by the Service Provider, the healthcare provider cooperating with the Provider or the medical device attached to the medical device. The connection of the medical device to the Platform is free of charge.
9.2. After correct connection in accordance with clause 9.1, the Patient may obtain within the Account a preview of the results of measurements taken with the medical device, store them in their Account, send them to Consultants or Experts (including within the framework of an E-Visit) and undergo other operations provided by the functionalities of the Platform.
9.3. Service Provider shall not interfere with the operation of the medical device and the measurement results generated by it. Service Provider shall not be liable for erroneous operation of the medical device and incorrect or unreliable measurement results.
10. Stationary visit service
10.1. Via the Platform, the Patient or Assistant may order medical services performed in stationary form by the Service Provider in cooperation with other entities performing medical activities. The list of currently available services is available on the Platform.
10.2. In order to order a stationary visit via the Platform, the Patient may check the dates of free stationary visits of health professionals in entities carrying out medical activities cooperating with the Provider and obtain additional information about them.
10.3. Stationary visit services are paid. Payment is a condition of ordering a stationary visit. The possibility of rescheduling or cancelling the medical service ordered by the Patient via the Platform may be limited depending on the agreement between the Service Provider and the healthcare provider performing the medical service.
10.4. Medical records created during a medical service may be made available in the Patient's Account. This possibility may be limited depending on an agreement between the Service Provider and a given health care provider providing in-patient visit services.
11. Conditions for conclusion and termination of contracts
11.1. The agreement concluded under the terms of these Terms and Conditions is an agreement concerning health services within the meaning of the Consumer Rights Act (in Polish: Ustawa o prawach konusmenta).
Concluding an access service agreement
11.2. The Agreement for the provision of the Access Service is concluded at the moment:
11.2.2. creation of an E-Visit within the Infoline in accordance with Clause 4.5 of the Terms and Conditions.
11.3. The conclusion of the Agreement for the provision of the Access Service in the manner described in clause 11.2.1 is subject to the following conditions:
11.3.1. In the registration application, the Patient's e-mail address and contact phone number must be provided (it cannot be a landline phone number). The Patient is obliged to assign a Password. Submission of the registration application is tantamount to a statement by the person submitting the registration application that:
a. the person submitting the registration application is at least 18 years old and has full legal capacity;
b. the e-mail address and telephone number given in the registration application belong to the Patient and their provision does not violate the rights of third parties.
11.3.2. If the User is a person without full legal capacity, the person making the statement on his/her behalf is his/her legal representative. In this case, in order to gain access to the Access Service it will be necessary to provide the data of the legal representative.
11.3.3. After receiving a properly completed registration application, the Service Provider activates the Patient's individual profile on the Platform, to which the Patient has access using the Login and Password.
11.4. The conclusion of the agreement for the provision of the Access Service in the manner described in clause 11.2.2 includes the following steps:
11.4.1. The Patient connects to the Registration via Hotline, providing his/her data indicated in clause 5.12 of the Terms and Conditions and specifying which Expert or Consultant he/she would like to consult.
11.4.2. Registration creates a consultation and Patient Profile on the platform based on the data provided by the Patient during the phone call;
11.4.3. After creating an E-Visit, the system sends a registration confirmation with a link to the Patient Profile and an access code to the email address and/or phone number provided by the Patient:
11.5. Unless the provisions of separate agreements state otherwise, the Agreement for the provision of the Access Service has the character of a framework agreement and is concluded for an indefinite period of time.
Conclusion of contract for other services
11.6. The Patient's acceptance of a Consultant or an Expert is tantamount to concluding an agreement for Telemedicine Services or Advice. Ordering the service of an in-person visit or the performance of an examination is equivalent to concluding an agreement for these Services.
11.7. The Agreement is concluded for the duration of the E-Visit Service or other ordered Service
11.8. To the extent referred to in clause 5.2, the Service Provider is a party to the agreement on E-Visit Services with the Patient.
11.9. Within the scope referred to in item 5.3, the party to the agreement on E-visit Services with a Patient is a competent entity conducting a medical activity.
11.10. The conclusion of the contract for the remaining Services takes place at the moment of using the chosen Service in accordance with the Terms and Conditions and the information available on the Platform.
Termination of contracts
11.11. The content related to the conclusion and performance of the Access Service Agreement shall be recorded, secured and made available to the Patient by means of electronic communication.
11.12. With regard to the Access Service, the Patient may terminate the contract with the Service Provider at any time with 1 month's notice by submitting a statement to that effect in the manner prescribed for the submission of complaints, unless the provisions of a separate contract provide otherwise. At the request of the Patient, the Service Provider may agree to a shorter notice period.
11.13. With regard to the Access Service, the Service Provider may terminate the agreement with the Patient at any time upon 1 month's notice by sending a statement to this effect to the indicated e-mail address of the Patient, unless the provisions of a separate agreement provide otherwise.
11.14. The Patient may withdraw from the Agreement at any time. In case of contracted E-Visit services, modification or withdrawal from the E-Visit service may result in the obligation to pay a fee in accordance with the Terms and Conditions of the Platform. After the performance of the E-Visit service, the Patient loses the ability to withdraw from the Agreement and shall be informed thereof.
11.15. Either party may terminate the Agreement with immediate effect in the event of a material breach by the other party of the terms of the Agreement, the law, or the rights of the other party or a third party.
12.1. Payment for the Services may be made:
12.1.1. by the Patient, through the purchase of E-visit or Subscription services,
12.1.2. by a Service Provider Partner, who under a separate agreement concluded with the Service Provider determines the form and scope of access to telemedicine services, advice and health information.
12.2. Payment for the Services may be made:
12.2.1. for the E-Visit;
12.2.2. on a Subscription basis where this option is available to the Patient.
12.3. The fees for Services are regulated in the Price List, which constitutes an appendix to the Terms and Conditions of the Platform, available on the Platform. The Provider shall charge fees for E-visit services or other Services in accordance with the Price List and information addressed to Patients posted on the Platform.
12.4. At the request of the Patient, the Service Provider will issue a VAT invoice after a relevant notification by e-mail to the following address: [email protected].
12.5. Payment for a single E-Visit service or other Service is collected before the Service begins. You will be notified when payment is due and have the option to cancel the E-Visit service before it begins if payment is not available after the E-Visit service is performed.
12.6. The Service Provider may introduce promotions for Services. Detailed rules of such promotions are set out in the regulations of each promotion. Promotions may include Subscriptions.
12.7. Payment is made by:
12.7.1. service provided by an external billing service - the Patient is automatically redirected to an external billing service,
12.7.2. bank transfer - the Patient is redirected to information containing details of the Provider's bank account and payment instructions,
12.7.3. Voucher - a pre-purchased package of Services including a single Service or a set number of Services and an expiry date. A voucher may be purchased by an individual patient or by a Partner.
12.8. The patient can make payments through the billing account functionality. The account functions under the following rules:
12.8.1. payment for the E-Visit is made in the first instance from the funds accumulated on the account within the Profile;
12.8.2. billing account can be topped up by the Patient or Partner by transfer or voucher.
12.8.3. account balance may be negative, in which case the new funds will be transferred first to cover the negative balance. The negative balance limit is PLN 100.
12.9. The amounts stated in the Price List and on the Platform are gross amounts, expressed in the currency indicated on the Platform, and are binding at the time the Agreement is concluded.
12.10. As part of the Subscription, the Patient gains access to the E-Visit Services upon Profile registration, unless otherwise specified in a separate Agreement. The scope of E-Visit Services available under the Subscription may be limited as set forth in the Subscription.
12.11. In order to purchase a Subscription, you must register or log in to your Profile and follow the information indicated therein regarding the Subscription.
12.12. Payment for the Subscription is made according to the rules applicable to payment for a single E-Visit Service, with the first payment made in advance depending on the choice of Subscription, in accordance with the price given in the Price List, and each subsequent payment shall be charged cyclically according to the rules specified on the Platform or in the regulations of a promotion.
12.13. The Service Provider reserves the right to limit the availability of the Subscription purchase, of which it will inform the Patient.
12.14. Authorization of credit card payment transactions is made by the settlement service, which is a separate entity providing electronic services. The data entered in the transaction authorization form are sent directly to the settlement service.
12.15. The Agreement is concluded for a definite period of time depending on the selected Subscription option, unless the provisions of separate agreements provide otherwise.
12.16. The Patient has the right to terminate the Agreement at any time on the principles specified in the Terms and Conditions, unless these principles have been regulated in a separate agreement.
12.17. Updating of the Subscription fees does not require modification of the Terms and Conditions. The updated price shall be applicable in case of concluding a new Agreement for the provision of the Access Service. Changing the Subscription price shall not affect the Agreement concluded before the change of Subscription price.
12.18. Payment with a voucher is identified by an individual voucher code entered by the Patient when ordering E-visits. In addition, the voucher may be credited to the account under Patient's Profile in the account balance tab, as referred to in section 10.10. Individual voucher code(s) are granted at the time of their purchase. If the vouchers are purchased by an Affiliate, the Affiliate shall provide the voucher codes to the Patient (their employee or insured person) to use the E-visit service.
12.19. In case of non-payment, the Service Provider shall send a payment demand to the Patient. If the request for payment proves ineffective, the Service Provider is entitled to collect the payment, also by an external debt collection company.
13. Technical requirements
13.1. Using the Platform requires meeting the following technical requirements, necessary for the cooperation with the IT System used by the Service Provider:
13.2. A device with access to the Internet with Microsoft Windows, iOS or Android operating system and a minimum connection speed of 1 Mbps,
13.3. installed current version of Chrome web browser with enabled applications necessary for proper connection to the ICT system,
13.5. active e-mail address,
13.6. cell phone.
13.7. If using the mobile app, your device should have Android or iOS updated to the latest version.
13.9. The recommended minimum screen resolution when using the Platform with a browser is 1024×768 pixels.
13.10. Connection to the Platform takes place using SSL protocol.
13.11. In order to ensure the security of the provision of Services and data transmission, Service Provider takes measures, in particular technical measures, appropriate to the threat.
13.12. The Patient shall be solely responsible for the non-performance or incorrect performance of the Service resulting from the Patient's failure to meet the requirements set out in the Terms and Conditions of the Platform.
14. Rights and obligations of the parties
14.1. The Service Provider reserves the right to:
14.1.1. temporary discontinuation of the provision of the Access Service, in particular due to maintenance activities or system modifications of the Platform,
14.1.2. sending to the Patients' e-mail address legal, technical and transactional messages connected with the functioning of the Platform and the provision of the Access service, including in particular information about changes to the Terms and Conditions,
14.1.3. make available the data of Consultants or Experts required by law and their availability calendars,
14.1.4. promptly notify about Consultant's or Expert's unavailability resulting from circumstances that occurred after the Patient had selected the appointment
14.2. The Provider reserves the right to discontinue the provision of Access Services, transfer the rights to the Platform to another entity. The Patient is entitled to claim reimbursement of the amount of the unused Subscription from the Service Provider.
14.3. The Patient's PESEL number and lD are linked to the Profile and serve to identify the Patient by the Service Provider, Consultants and Experts and to communicate with the Patient. The Patient is obliged to inform the Service Provider about the change of e-mail address by contacting the Hotline or making the appropriate change using the appropriate form on the Platform.
14.4. Creating a profile is voluntary and free of charge. Creation of a profile is a necessary condition to use the E-Visit Service.
14.5. The Patient may complete the Profile by entering additional data via the Form, including the data referred to in section 5.12, additional e-mail or telephone number.
14.6. The Patient undertakes not to disclose his/her Profile access data to third parties.
14.7. The Patient undertakes to immediately inform the Service Provider, by e-mail or through the Infoline, about any security breach or accidental use of the Patient's Profile by unauthorized persons.
15. Principles of liability
15.1. Within the scope referred to in point 5.2, the Provider is responsible for the implementation of E-Visit Services. To the extent referred to in point 5.3, the responsibility for the implementation of E-Visit Services shall be borne by the relevant entity performing medical activities.
15.2. The Service Provider, and in the cases referred to in clause 5.3 the Consultant or the Expert, as well as the Patient shall be obliged to redress the damage incurred by the other party to the Agreement as a result of non-performance or improper performance of obligations under the Agreement or the Terms and Conditions, unless their non-performance or improper performance was caused by circumstances for which the Party is not responsible.
15.3. The Service Provider is liable to the Patient for non-performance or improper performance of the Access Service Agreement for which the Service Provider is at fault.
15.4. The Service Provider, Consultant or Expert shall not be held liable for any incomplete, untrue or incorrect information provided by the Patient, especially in the case of third party data provided without their knowledge or consent. The consequences of providing incorrect, incomplete, untrue, misleading or otherwise incorrect data shall be the sole responsibility of the Patient.
15.5. The Service Provider, Consultant or Expert shall not be liable for the consequences of the Patient's use of the Access Service in a manner contrary to the Platform Terms and Conditions.
15.6. The Service Provider, Consultant or Expert shall not be liable for:
15.6.1. damages caused to third parties as a result of the Patients using the services in a manner contrary to the Terms and Conditions or the law,
15.6.2. damages resulting from the lack of continuity of the provision of Services, resulting from circumstances for which the Service Provider is not responsible, due to force majeure,
15.6.3. acts and omissions of third parties, with the exception of persons for whom the Service Provider is liable under the law,
15.6.4. Providing false or incomplete information by the Patient during registration.
15.7. The Consultant or Expert is not responsible for the Services provided by the Service Provider.
16.1. The Patient has the right to raise questions, comments and complaints in relation to the use of the Services. Inquiries, comments and complaints regarding the Services and the operation of the Platform and related technical issues shall be submitted to:
16.1.1. at the e-mail address [email protected],
16.1.2. at the hotline number,
16.1.3. in writing to the Service Provider's mailing address.
16.2. A complaint shall be considered as soon as possible in an electronic, written or telephone form, depending on the form in which the complaint was submitted, but not later than within 14 working days, unless the relevant Organisational Rules provide for a shorter period.
16.3. The content of the complaint should include at least:
16.3.1. data allowing identification of the Patient: Patient's login, first and last name, e-mail address, postal address (for complaints submitted by mail);
16.3.2. specifying the subject of the complaint,
16.3.3. Identify any requests made by the Patient,
16.3.4. indication of the date of occurrence of an event proving improper performance of the Service.
16.3.5. bank account number - in the case of requesting a refund of the payment.
17. Final provisions
17.1. Transmission of content that is unlawful, contrary to morality or infringes the rights of Service Provider or others, and which could cause or encourage behavior considered illegal, infringing the rights of third parties, in particular copyright or personal rights, is prohibited.
17.2. The Patient shall bear the costs arising from the use of means of electronic communication necessary to use the Services according to the price list of the operator providing telecommunications services to the Patient.
17.3. The platform contains content protected by copyright, industrial property rights and intangible assets protected by intellectual property rights. None of this content, particularly text, photographs, programs, graphics, trademarks, icons, logos, etc. presented on the Platform may be reproduced or distributed in any form or by any means without prior permission. The Patient undertakes to use the content published on the Platform only for their own permitted use.
17.4. The Service Provider is entitled to unilaterally amend the Terms and Conditions in case of occurrence:
17.4.1. circumstances of force majeure,
17.4.2. changes to the applicable laws applicable to the provision of services by electronic means or transactions concluded at a distance,
17.4.3. changes or introduction of new Services, provided that the amendments to the Terms and Conditions are aimed at adapting the content of the Terms and Conditions to the offer.
17.5. The Provider shall inform the Patient of any changes to the Terms and Conditions immediately after the Patient logs on to the Platform. The Patient shall be bound by the provisions of the new Terms and Conditions unless they terminate them within 14 days of the date of publication of the notification of the change to the Terms and Conditions. Patients using the Platform as part of the Subscription who do not accept changes to the Terms and Conditions shall be entitled to a refund of the unused amount of the Subscription.
17.6. The Service Provider reserves the right to transfer the rights and obligations arising from the Contracts to a third party that is an entity related to the Service Provider and fulfilling the requirements for the provision of services covered by these Terms and Conditions, whereby the Patient shall be informed of the above immediately after logging on to the Platform by the Patient. In such a situation, the Patient retains the right to terminate the Agreement with immediate effect.