USER WEBSITE TERMS AND CONDITIONS

1.

These Terms and Conditions define the general conditions, rules and manner of providing services against payment by electronic means by Grażyna Polkowska, who conducts her business activity under the business name of POINT-OF-CARE Grażyna Polkowska with registered office in Warszawa, through www.medquest.eu website (hereinafter referred to as: ”Website”).

§ 1 Definitions

1.

Password – means a sequence of letters, digits or other characters selected by the Organizer during the process of Registration in the Website used in order to secure the access to the Organizer Account in the Website.

2.

Consumer – means a natural person entering into legal transactions not related directly to his/her business or professional activity.

3.

User Account – means an individual panel for each User, activated for him/her by the Service Provider, after completing the Registration by the User.

4.

Login – means the User’s individual identification, consisting of a sequence of letters, digits or other characters determined by him/her, required along with the Password in the process of creating the User Account in the Website.

5.

Organizer – means an Entrepreneur, who presents his/her offer in the Website, and with whom the User may conclude a reservation Agreement.

6.

Entrepreneur – means any natural person, legal person or organizational unit not being a legal person that has been granted legal capacity by law, conducting the business or professional activity in his/her own name and entering into legal transactions related directly to his/her business or professional activity.

7.

Terms and Conditions – means these Website terms and conditions.

8.

Registration – means an actual action performed in the manner determined in the Website Terms and Conditions, required for the use of all Website functionalities  by the User.

9.

Website Page – means any pages, in which the Service Provider manages the Website, operating in www.medquest.eu domain.

10.

Reservation Agreement – means an agreement on provision of services by electronic mans through the Website between the User and Organizer.

11.

Service Provider – means Grażyna Polkowska, who conducts her business activity under the business name of POINT-OF-CARE Grażyna Polkowska with registered office in Warszawa (01-494), ul. Andrzeja Sołtana 12 lok. 62, NIP (Taxpayer Identification Number): 5222927303, REGON (National Business Registry Number): 143184940, entered into the Central Register and Information on Economic Activity operated by the Minister of Economy; e-mail: info@medquest.eu, being concurrently the owner of Website.

12.

User – means an entity using the Website functionalities, for whom the Service Provider provides the services.

§ 2 General provisions

1.

All rights to the Website, including proprietary copyrights, intellectual property rights to its name, Internet domain, Website, as well as to patterns, forms, logotypes are the property of Service Provider, and they may be used exclusively in a manner determined in and compliant with these Terms and Conditions.

2.

The Service Provider provides an access to the Website through the Internet network and Website Page as an ICT and IT system resource.

3.

The Service Provider reserves the right to post on the Website Page advertising content regarding the goods and services of third parties in the forms use in the Internet network.

4.

It is forbidden to use the Website or Website Page by the Users or third parties to send unsolicited commercial information.

§ 3 Use of Website

1.

The use of Website means any activity of User that leads the User to read the content contained on the Website Page, subject to the provisions of § 4 of Terms and Conditions.

2.

The use of Website may be performed only in accordance with rules and scope determined in these Terms and Conditions.

3.

The Service Provider shall use the best endeavours to provide access to the Website for Internet users with all popular web browsers, operating systems, computer types and types of Internet connections. Minimum technical requirement for using the Website Pages is a web browser with Internet Explorer 8 or Chrome 16 or FireFox 10 or Opera 11 or Safari 5 or newer with enabled Javascript and accepting "cookies", with bandwidth of not less than 256 kbit/s. The Website Page is optimized for the minimum screen resolution of 1024x768 pixels.

4.

In order to create a User Account in the Website, the Organizer shall have an active e-mail account.

5.

The User using the Website is not entitled to any interference with the content, structure, form , graphics, mechanism of Website and Website Page.

6.

The User is prohibited to provide illegal contents and to use the Website, Website Page or services provided by the Service Provider in a manner, which is contrary to law, good practice, violating personal rights of third parties or legitimate interests of the Service Provider.

7.

The User is entitled to use the Website resources only for his or her own purpose. The User is not allowed to use the Website resources or functions in order to conduct his or her activity, which would violate the interests of the Service Provider.

8.

The Service Provider declares that the public nature of the Internet and the use of services provided by electronic means may carry a risk of obtaining and modifying the Users’ data by unauthorised persons, therefore the Users shall use appropriate technical measures to minimise the above identified risks. In particular, the Users shall use the anti-virus programs as well as programs to secure the identity of the Internet Users. The Service Provider shall never ask the User to provide him/her with access to the User Password in any form.

§ 4 Registration

1.

In order to create a User Account, the Organizer shall be obliged to make a Registration.

2.

In order to register, the User shall fill in the registration form provided by the Service Provider on the Website Page and send the completed registration form by e-mail to the Service Provider by selecting an appropriate function contained in the registration form. During the Registration, the User creates an individual Password.

3.

The registration form shall be filled in according to the following rules:

a)

The User shall fill in all fields of the registration form unless a field is marked as optional;

b)

Information provided in the registration form shall only apply to the User and must be true, and the User is responsible for the accuracy of the information provided in the registration form;

c)

The User shall read the Terms and Conditions and confirm to have read them by ticking an appropriate field in the registration form;

d)

The User by ticking an appropriate field in the registration form shall express his or her will to conclude an agreement on provision of services by electronic means by the Service Provider, that is the Account Operation Agreement; failure to express the will to conclude the Agreement precludes the Registration and creating the User Account;

e)

The User shall express his or her will to process his or her personal data included in the registration form in order to be provided with services under the agreements concluded in accordance with the Terms and Conditions (Article 23 paragraph 1 point 4 of the Personal Data Protection Act); the User is entitled to access his or her data and modify them.

4.

Sending the completed registration form is equivalent to:

a)

acknowledging and accepting the provisions of Terms and Conditions by the User;

b)

authorizing the Service Provider to process the User’s personal data included in the registration form in order to provide services of operating the User Account and giving a consent to receive information about technical service of the User Account from the Service Provider to the e-mail address provided by the User during the Registration.

5.

After sending the completed registration form, the User immediately receives, to the e-mail address provided in the registration form, a confirmation of the Registration from the Service Provider. Thereafter, the User Account Operation Agreement is concluded and the User is provided with an access to the User Account and services available within the User Account.

6.

The User is obliged to make any effort in order to maintain confidentiality and not to make the Password available to any third parties. In the event of any circumstances indicating that the Password is in the possession of an unauthorized person, the User is obliged to inform the Service Provider about this fact immediately with the use of accessible means of communication.

7.

The Service Provider establishes and implements security measures against unauthorized use, duplication or dissemination of the content posted on the Website Page. If the aforementioned security measures are applied by the Service Provider, the Users are obliged to refrain from any activities that are intended to remove or circumvent such security measures or solutions.

§ 5 Services

1.

The Service Provider provides free of charge services by electronic means to the Users, 24 (twenty-four) hours a day, 7 (seven) days a week.

2.

The Service Provider provides by electronic means the following free of charge services to the Users:

a)

User Account Operation;

b)

Review;

c)

Contact form;

d)

Newsletter.

3.

The Service Provider reserves the right to select and change the type, form, time and method of providing access to some of the selected mentioned services, about which the Service Provider will inform the Users in a manner which is appropriate for the Terms and Conditions amendment.

4.

The User Account Operation service is available after completing the Registration, under the provisions determined in §4 of Terms and Conditions.

5.

The User, who has completed the Registration process, may submit a request to remove the User Account. The submission of such request is equivalent to termination of agreement on provision of User Account Operation service by electronic means, pursuant to §13.

6.

The Review service provided by the Service Provider enables the User to publish individual and subjective User reviews regarding his/her stay at the particular centre run by the Organizer. The service may be used only by the User, who has concluded and implemented the reservation Agreement with the Organizer and the review may concern only the centre, which was the subject of reservation Agreement. In order to use the service, the User fills in and sends to the Service Provider a dedicated form that is included on the Website Page under the profile of recreation centre data. The User may publish a review regarding only the centre, with whose owner the User has concluded and implemented the agreement.

7.

The User may resign from the Review service at any time by stopping the use of service.

8.

The Contact form service involves the sending of message to the Service Provider via the form that is included on the Website Page. In order to use the service, the User fills in the form provided by the Service Provider on the Website Page and sends the completed form by e-mail to the Service Provider by selecting an appropriate function contained in the form.

9.

The User may resign from the Contact form service at any time by stopping the sending of messages to the Service Provider.

10.

The Newsletter service consists of sending by the Service Provider, to the e-mail address, an e-mail message containing notification about new information published in the Website and commercial information sent by the Entrepreneurs through the Service Provider. The Newsletter shall be sent by the Service Provider to all Users, who have subscribed to it.

11.

Each Newsletter addressed to the Users includes, in particular: information about the sender, filled in “message subject”, specifying the content of the message and information about the possibility and the manner of resignation from the free of charge

Newsletter service.

12.

The Newsletter service is available to any User who enters his/her e-mail address by using the registration form provided on the Website Page.

13.

The User may resign from receiving the Newsletter at any time by unsubscribing through the link contained in each e-mail message sent within the Newsletter service.

14.

The Service Provider is entitled to block the access to the User Account and services in the event when the User acts to the detriment of the Service Provider or other Users, breaches the provisions of law or Terms and Conditions, as well as if blocking the access to the User Account and free of charge services is justified on grounds of safety – in particular: breaking by the User the security measures of the Website Page or other hacking activities. The blocking of access to the User Account and free of charge services for the above-mentioned reasons shall last for a period necessary to resolve the issue giving rise to blocking the access to the User Account and free of charge services. The Service Provider shall notify the User about blocking the access to the User Account and free of charge electronic services by e-mail sent to the address provided by the User in the registration form.

§ 6 Rules for concluding reservation Agreements

1.

Through the Website the User may conclude the reservation Agreement with the Organizer. The User may accept the Organizer’s offer for 7 (seven) days a week and 24 (twenty-four) hours a day.

2.

The Service Provider shall not be a party of reservation Agreements, referred to in §6 section 1. The Service Provider only provides technical possibilities of concluding these arrangements by the Users and presenting the offers by the Organizers on the Website Page.

3.

In the event when the User wants to accept the Organizer’s offer, he/she selects the appropriate command included in the offer card provided on the Website Page. After determining the key offer components, including in particular the period of stay at the given centre, the User accepts the offer by sending the form to the Organizer and selecting the appropriate option that is available in the form. Each time prior to the acceptance of offer of concluding the reservation Agreement, the User is notified about the unit price per one day stay, total price for the whole period indicated in the form, price of additional services selected by the User and total order price. The given price is the gross price.

4.

After accepting the offer, the User receives a confirmation of reservation Agreement conclusion from the Organizer via the Service Provider to the e-mail address provided during the Registration process.

5.

The final binding price is the price of offer indicated on the Website Page at the time of accepting the offer by the User.

§ 7 Complaints

1.

The User may lodge complaints to the Service Provider in relation to the electronic services provided by the Service Provider. The complaint may be submitted in electronic form and sent to the Service Provider’s e-mail address. In the complaint notification form, the Organizer should include his/her Login and a description of the problem. The Service Provider shall immediately, but not later than within 14 (fourteen) days, consider the complaint and respond to the User’s e-mail address provided in the complaint notification form.

§ 8 Withdrawal from agreement

1.

The User, who is a Consumer, may withdraw from the agreement on provision of services by electronic means without giving reasons by submitting a relevant declaration within 14 days from the date of agreement conclusion. In order to keep the deadline, the declaration is to be sent prior to its expiry.

§ 9 User responsibility in the scope of contents posted by him/her

1.

By placing the contents and making them available, the User performs voluntary dissemination of content. The posted contents do not express the views of Service Provider and shall not be identified with the Service Provider activity. The Service Provider is not a content supplier, but an entity that provides the appropriate ICT resources.

2.

The User declares that:

a)

the User is entitled to use the proprietary copyrights, industrial property rights and/or other rights related to - respectively - works, objects of industrial property rights (e.g. trademarks) and/or objects of related rights that constitute the posted contents;

b)

the process of placing and making the personal data, images ad information about third parties available within the services, referred to in §5 section 2, has been performed in a legal manner, voluntarily and with the consent of involved third parties;

c)

the User agrees to viewing the published contents by other Users and Service Provider;

d)

the User agrees to making adaptations of works within the meaning of the Act on copyright and related rights.

3.

The User shall not be entitled to:

a)

post, within the use of services, referred to in §5 section 2  above, personal data of third parties or disseminate the image of third parties without the legally required approval or consent of such third party;

b)

post, within the use of services, referred to in §5 section 2  above, content of advertising and/or promotional nature, which would be contrary to the Website nature and activity.

4.

The Service Provider is held responsible for the contents placed by the Users provided that the Service Provider receives the advance notification in accordance with §11 of Terms and Conditions.

5.

The Users are prohibited to post within the use of services, referred to in §5 section 2, contents that may in particular:

a)

be posted in bad faith, e.g. with intent to violate personal rights of third parties;

b)

violate any rights of third parties, including rights related to protection of copyrights and related rights, protection of industrial property rights, trade secret or related to confidentiality maintenance obligations;

c)

be of offensive nature or constitute a threat against other persons, include vocabulary violating good practice (e.g. by using vulgarisms or phrases commonly recognized as offensive);

d)

be contrary to the interests of Service Provider;

e)

violate in other ways the provisions of Terms and Conditions, good practice, provisions of applicable law, social and moral norms.

6.

In the event of receiving the notification in accordance with §11 of Terms and Conditions, the Service Provider reserves the right to modify or remove the content posted by the Users within the use of services, referred to in §5 section 2, in particular the content, which, on the basis of reports of third parties or relevant authorities, is considered to violate the provisions of these Terms and Conditions or applicable provisions of law. The Service Provider does not perform ongoing control over the posted contents.

7.

The User agrees to using by the Service Provider the contents posted by the User free of charge, only within the scope of services provided by the Service Provider within the Website, in particular publication of content on the Website Page.

8.

During the process of Registration, the User may agree to disseminate his/her image free of chargé by the Service Provider through presentation of photos with the User’s image in the web pages of Service Provider for advertising purposes. The consent does not determine the possibility of placing the order, and the consent may be withdraw by the User at any time, which leads to  immediate deletion of photos with the User’s image from the web pages of Service Provider.

§ 10 Responsibility

1.

The Service Provider shall be responsible for non-performance or improper performance of agreement, however in the case of agreements concluded with Users, who are Entrepreneurs, The Service Provider shall be responsible only in the event of deliberate damage and within limits of losses actually incurred by the User, who is the Entrepreneur.

2.

The Service Provider shall not be responsible for non-performance or improper performance of services provided by electronic means, if it is caused by third parties (in particular telecommunication operators, telecommunication line and electricity providers). However, the Service Provider shall be responsible as for his/her own act or omission, for acts or omissions of persons with the assistance of whom he performs a service provided by electronic means, as well as the persons whom the Service Provider entrusts with the performance of these services.

3.

The Service Provider shall not be responsible for inability or difficulty to use the Website, for reasons attributable to the User, in particular losing the Password or third parties coming into possession of the User Password (irrespective of the way it has happened). However, the Service Provider shall be responsible if the loss of Password by the User or third parties coming into possession of the User Password is due to reasons attributable to the Service Provider or for which the Service Provider is responsible.

4.

The Service Provider shall not be responsible for damage caused by actions or omissions of the Users, in particular  their use of Website, which is contrary to the applicable provisions of law or these Terms and Conditions.

5.

The only source of the Service Provider obligations is these Terms and Conditions and mandatory applicable provisions of law.

§ 11 Notification of hazards or violation of rights

1.

In the event when the User or any other person or entity finds that the content published on the Website violates their rights, personal rights, good practice, feelings, morality, beliefs, principles of fair competition, know-how, secrets protected by law or confidentiality obligation, he or she shall notify the Service Provider of a potential violation.

2.

The Service Provider notified about the potential violation shall take immediate actions to remove the content being the cause of violation from the Website.

§ 12 Personal data and “cookies” files

1.

The Administrator of the User personal data provided voluntarily to the Service Provider during the Registration process is the Service Provider.

2.

The personal data shall be processed by the Service Provider only under the authorization to process such data, and only in order to implement services provided by electronic means by the Service Provider and other purposes determined in these Terms and Conditions.

3.

The personal data are provided to the Service Provider voluntarily, provided however that failure to provide the data determined in the Terms and Conditions during the Registration process precludes the Registration and creating the User Account.

4.

Anyone who provides his or her personal data to the Service Provider is entitled to access and modify them.

5.

The Service Provider shall make it possible to remove personal data from the files, in particular in the case of Organizer Account removal. The Service Provider may refuse to remove personal data in the event when the User has breached the applicable provisions of law, and keeping the personal data is necessary to explain such circumstances and establish the User liability by the judicial authorities.

6.

The Service Provider shall protect personal data provided to the Service Provider, as well as make every effort to protect them from unauthorized access or use. The User personal data files are treated as a separate database, stored on the server of the Service Provider, in a special security zone, with adequate protection.

7.

The Service Provider does not transfer, sell or rent the collected personal data of the Users to other persons or institutions, unless expressly agreed by, or at the request of the User, in accordance with the applicable provisions of law, or at the request of the court, public prosecutor, police or other authority in the event of violation of provisions of law by the Users.

8.

The Service Provider reserves the right to disclose collective, statistical summaries regarding the Users to the cooperating companies and web services. Such summaries concerns the traffic on the Website Pages and do not contain the User personal data.

9.

The Service Provider applies the mechanism of "cookies" files, which during the use of the Website Pages by the Users are saved by the Service Provider server on the hard disk of the User device..

10.

The use of "cookies" files is designed to make sure that the Website Pages operate correctly on the User device. This mechanism does not damage the User device or change the configuration in the User device and in the software installed on this device. The “cookies" are not intended to identify the Users.

11.

The Service Provider applies the mechanism of "cookies" files in order to:

a)

store information about the User devices;

b)

verify and develop the Service Provider offer;

c)

collect statistical data.

12.

Any User may disable “cookies” in the web browser of the Organizer device. However, the Service Provider indicates that disabling the "cookies" may cause inconvenience or prevent the use of the Website Pages.

§ 13 Termination of agreement

(does not apply to reservation Agreement)

1.

Either Party may terminate the agreement on provision of services by electronic means at any time without giving reasons, subject to the rights acquired by the other Party before the termination of the above-mentioned agreement and the provisions below.

2.

The Service Provider, terminates the agreement on provision of services by electronic means by sending a relevant declaration of will to the e-mail address of User provided by the User during the Registration, and the agreement is terminated after the period of notice, that is 7 (seven) days.

3.

The User terminates the agreement on provision of services by electronic means by sending a relevant declaration of will to the e-mail address of Service Provider, and the agreement is terminated after the period of notice, that is 7 (seven) days.

§ 14 Final provisions and amendments to Terms and Conditions

1.

These Terms and Conditions shall be in force from the date of publication on the Website Page and supersede all previous Website terms and conditions.

2.

The content of these Terms and Conditions may be recorded by printing, saving on a data carrier or downloading at any time from the Website Page.

3.

These Terms and Conditions may be amended. Each User shall be informed about the amendments to the Terms and Conditions by posting a notice about amending the Terms and Conditions on the Website home page by the Service Provider, which includes a list of amendments to the Terms and Conditions and this information shall maintain on the Website home page over a period of at least 14 (fourteen) consecutive calendar days, and additionally the Users having a User Account shall be notified by the Service Provider by sending information with a list of amendments to the Terms and Conditions to the e-mail address provided by the User in the registration form.

4.

The notification about amendments to the Terms and Conditions, as described above shall be provided not later than 14 (fourteen) calendar days prior to the introduction of the revised Terms and Conditions. In the event when the User having a User Account does not accept the new Terms and Conditions, the User is obliged to notify the Service Provider of that fact within 14 (fourteen) days from the date of notifying the User of revised Terms and Conditions. The User refusal to accept the Terms and Conditions results in termination of the agreement pursuant to the provisions of §13.

5.

In the event of a dispute under the concluded agreement on provision of services by electronic means, the parties shall seek to resolve the matter amicably. The settlement of any disputes arising under these Terms and Conditions shall be governed by the Polish law.

6.

These Terms and Conditions shall enter into force on December 10^th, 2014.