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Terms and conditions

Certificate

Read a legal opinion for this document (in polish)


ORGANIZER 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.

Working days – mean the days of the week from Monday to Friday with the exclusion of statutory public holidays.

 

3.

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

 

4.

Organizer – 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.

 

5.

Terms and Conditions – means these Website terms and conditions.

 

6.

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 Organizer.

 

7.

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

 

8.

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.

 

9.

Appendix – means a document constituting an integral part of these Terms and Conditions, determining the rules for calculating and determining the amount of commission that the Organizer undertakes to pay to the Service Provider for each reservation Agreement concluded through the Website and determining the price and payment rules for the Organizer Account Operation service.

§ 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 Organizers 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 an Organizer Account in the Website, the Organizer shall have an active e-mail account.

 

5.

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

 

6.

The Organizer 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 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 Organizers’ data by unauthorised persons, therefore the Organizers shall use appropriate technical measures to minimise the above identified risks. In particular, the Organizers 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 Organizer to provide him/her with access to the Organizer Password in any form.

§ 4 Registration

 

1.

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

 

2.

In order to register, the Organizer 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 Organizer creates an individual Password.

 

3.

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

 

a)

The Organizer 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 Organizer and must be true, and the Organizer is responsible for the accuracy of the information provided in the registration form;

 

c)

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

 

d)

The Organizer 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 Organizer Account;

 

e)

The Organizer 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 Organizer 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 Organizer;

 

b)

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

 

5.

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

 

6.

The Organizer 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 Organizer 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 Organizers are obliged to refrain from any activities that are intended to remove or circumvent such security measures or solutions.

§ 5 Services against payment

 

1.

The Service Provider provides services against payment, that is Organizer Account Operation by electronic means to the Organizers, 24 (twenty-four) hours a day, 7 (seven) days a week.

 

2.

The service of operating the Organizer Account is available after the Registration is completed, under the provisions determined in §4 of Terms and Conditions.

 

3.

The Organizer, within the service of Organizer Account Operation,  may create and display on the Website Page a profile of one centre run by the Organizer, which may be the subject of reservation Agreement. In order to create the centre profile, the Organizer fills in and sends to the Service Provider a dedicated form that is included in the Organizer Account. In the form the Organizer determines in particular: description and location of centre, price list of services provided by the Organizer and availability calendar. The Service Provider displays and maintains on the Website Page the centre profile created by the Organizer within a period which is a period of provision of service of Organizer Account Operation to the Organizer.

 

4.

The Organizer may resign from the service of Organizer Account Operation at any time and such resignation involves the termination of agreement on provision of electronic services pursuant to §11.

 

5.

The Organizer pays for the service of Organizer Account Operation in accordance with the Appendix.

 

6.

The Service Provider is entitled to block the access to the Organizer Account in the event when the Organizer 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 Organizer Account and free of charge services is justified on grounds of safety – in particular: breaking by the Organizer the security measures of the Website Page or other hacking activities. The blocking of access to the Organizer 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 Organizer Account and free of charge services. The Service Provider shall notify the Organizer about blocking the access to the Organizer Account and free of charge electronic services by e-mail sent to the address provided by the Organizer in the registration form.

§ 6 Organizer responsibility in the scope of contents posted by him/her

 

1.

By posting the contents and making them available within the service of Organizer Account Operation, the Organizer 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 Organizer declares that:

 

a)

information provided within the created centre profile, referred to in §5 section 3, is in conformity with the actual circumstances;

 

b)

the Organizer 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;

 

c)

the process of posting and making the personal data, images ad information about third parties available within the Organizer Account Operation has been performed in a legal manner, voluntarily and with the consent of involved third parties.

 

3.

Within the use of Organizer Account Operation service, the Organizer is not entitled to include the personal data of third parties and to disseminate the image of third parties without legally required approval or consent.

 

4.

The Organizer is prohibited to post within the use of Organizer Account Operation service contents, which 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.

 

5.

The Service Provider is held responsible for the contents posted by the Organizer provided that the Service Provider receives the advance notification in accordance with §9 of Terms and Conditions.

 

6.

In the event of receiving the notification in accordance with §9 of Terms and Conditions, the Service Provider reserves the right to modify or remove the content posted by the Organizers within the use of Wgraj plik (Upload file) service, 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.

§ 7 Complaints

 

1.

The Organizer 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 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 Organizer’s e-mail address provided in the complaint notification form.

§ 8 Responsibility

 

1.

The Service Provider shall be responsible only for deliberate damage and within limits of losses actually incurred by the Organizer.

 

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 Organizer, 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 Organizer or third parties coming into possession of the Organizer 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 Organizers, 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.

§ 9 Notification of hazards or violation of rights

 

1.

In the event when the Organizer 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.

§ 10 Personal data and “cookies” files

 

1.

The Administrator of the Organizer 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 Organizer 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 Organizer has breached the applicable provisions of law, and keeping the personal data is necessary to explain such circumstances and establish the Organizer 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 Organizer 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 Organizers to other persons or institutions, unless expressly agreed by, or at the request of the Organizer, 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 Organizers.

 

8.

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

 

9.

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

 

10.

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

 

11.

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

 

a)

store information about the Organizer devices;

 

b)

verify and develop the Service Provider offer;

 

c)

collect statistical data.

 

12.

Any Organizer 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.

§ 11 Termination of 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 Organizer provided by the Organizer during the Registration, and the agreement is terminated after the period of notice, that is 7 (seven) days.

 

3.

The Organizer 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.

§ 12 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 Organizer 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 Organizers having an Organizer 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 Organizer 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 Organizer having an Organizer Account does not accept the new Terms and Conditions, the Organizer is obliged to notify the Service Provider of that fact within 14 (fourteen) days from the date of notifying the Organizer of revised Terms and Conditions. The Organizer refusal to accept the Terms and Conditions results in termination of the agreement pursuant to the provisions of §11.

 

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 August 1st, 2014.