Medical Holidays Abroad Terms and Conditions
for users of the Medical Holidays Abroad Website on the following domains: medicalholidaysabroad.com
I General Provisions.
1. Service Provider.
1.1 The Service Provider, within the meaning of the Act of 18 July, 2002 on providing services by electronic means, is ClinicHunter Spółka z o.o. – a corporation organized and existing under the laws of Poland, with its registered office in Poland, Warsaw 02-672, at Domaniewska 39A, entered into the register of the National Court Register kept by the District Court for the Capital City of Warsaw, XIII Commercial Division of the National Court Register, KRS number 0000 597310, with VAT PL 5213719700, and REGON (National Business Registry Number) 363560798, with its initial capital of 100.000 PLN.
1.2 ClinicHunter Spółka z o.o. is not a health care entity, within the meaning of the Act of 15 April, 2011 on medical activity and does not provide any type of medical and/or health-care services.
1.3 ClinicHunter Spółka z o.o. is not a seller of any Partners’ services presented on the Medical Holidays Abroad Website, nor is it a Party to any contract in the case of conclusion of the contract between a Service User and a Partner. ClinicHunter Spółka z o.o. is not responsible for an execution of the contract between the Service User and the Partner.
1.4 ClinicHunter Spółka z o.o. is an external entity managing the provision of medical services within the meaning of article 27 §2 point 7 of the Act of 29 August, 1997 on the Protection of Personal Data, which means it processes sensitive personal data pertaining to a User’s health that is provided voluntarily and made public by the User.
2. Definitions and Interpretation.
In these Terms and Conditions the following definitions shall have the following meaning:
“Account” – a User’s profile a run by the Site Operator, which constitutes an element of the Site, unavailable publicly, being a collection of resources where the User’s data are collected, enabling storing data, and vital for realizing the “Make an appointment”, “Ask a question”, ” services, secured by a password known only by the User. Via an Account, a User can take advantage of the Site’s functions and manage their data and materials sent to the Service Provider. A User is allowed to have only one Account.
“Medical Holidays Abroad Website”/ “Website”/ “Site” – specialized Internet portal available at the following URL addresses: beautypoland.com owned by the Service Provider indicated in point 1 of these Terms and Conditions . The Website serves as a place to deliver to Users materials, information or current price lists in electronic form pertaining to medical, accommodation, travel and spa & wellness services provided within the territory of Poland. The Website enables, in particular:
a) obtaining information about Partners’ services;
b) obtaining information about the prices of services offered by Partners;
c) reading and adding opinions pertaining to Partners’ services;
d) making an appointment for a Partner’s services;
e) providing assistance in arranging travel and accommodation;
f) providing assistance in Treatments/Dental Arrangements made between Partners and Users;
g) providing assistance in transport between arranged points: Partners’ Plastic Surgery/Dental Clinic, the airport and the place of User’s stay in Poland.
h) providing customer service in English throughout the duration of the User’s stay in Poland.
“Comment” – a User’s statement published by the User regarding materials posted on the Site. Comments can only be published by Users who have Registered, but at the User’s request a Comment can be published without providing the User’s name and surname; the only identifier of the User will be a name or screen name indicated by the User. A Comment is published after verification by the Site Operator, who ensures it does not have offensive, vulgar, obscene, pornographic, racist or advertising contents.
“Consumer” – a User who benefits from the Services available on the Site in a way that is not related with business or professional activities.
“Contact form” – an electronic document enabling communication between the Service Provider and a User as well as a User and a Partner, the filling of which is necessary for the implementation of Services.
“Contract” – a contract for the provision of services described in the Terms of service, entered into for an indefinite period between the User and the Service Provider to the extent and under the conditions specified in the Terms and Conditions , including the following services:
a) Information services – a free service provided electronically, offered through the Site; it consists of providing websites that allow Partners to present their services and Users to familiarize themselves with the Partners’ offers as well as information on the available medical, accommodation, tourism, spa & wellness services in Poland. Information services do not require any input by the User, who can use it anonymously, regardless of age.
b) “Make an appointment” service – a free service provided electronically or via telephone, involving making appointment for medical, cosmetic, travel or/and accommodation services; requiring creating an Account by the User, entering personal data, and the User having full legal capacity.
“Health services” – activity aimed at prevention, maintaining, saving, restoring or improving health and other medical activity resulting from the treatment process or separate legislation for providing them.
“Infoline” – dedicated phone lines enabling Registration, contact between a User and a Service Provider employee as well as a User and a Partner in order to take advantage of a Partner’s services. Conversations conducted via the Infoline are recorded and stored by the Service Provider in compliance with the law.
“Opinion” – a User’s assessment of a Partner’s service published on the Site. At the User’s request an Opinion can be published without providing the User’s name and surname; the only identifier of the User will be a name or screen name indicated by the User. An Opinion is published after verification by the Site Operator, who verifies if the User used the Partner’s services and ensures the Opinion does not have contents of an offensive, vulgar, obscene, pornographic, racist or advertising nature.
“Online chat” – online discussion between a User and a Service Provider employee (consultant) involving sending test messages on the Site. The discussion is meant to help in the realization of Services and is used to Register Users.
“Partner” – legal entities undertaking health care activities within the meaning of the Act of 15 April, 2011 on medical activity or entities offering services such as accommodation, SPA & Wellness, as well as other services presented on the Site.
“Partner’s Service” – services offered by Partners, such as:
a) Medical service – any medical service performed in the field of medicine by a health care entity within the meaning of the Act on medical activity (Journal of Laws from 2011 No. 112, item 654), in particular including aesthetic medicine;
b) Accommodation and travel service;
c) Cosmetic services, biological regeneration services, aesthetic medicine, anti-aging and other beauty and health-related services.
“Price lists” – information on approximate prices of services offered by Partners provided to the Service Provider by Partners. Information contained on the Site, including Price Lists, do not constitute an offer within the meaning of the provisions of the Civil Code.
“Service provided electronically” – a service provided without the simultaneous presence of the parties (at a distance), through the transmission of data on an individual request of a recipient, transmitted and received using devices for electronic processing, including digital compression and data storage, which is entirely sent, received or transmitted with the help of a telecommunications network within the meaning of the Act of 16 July, 2004 Telecommunications Law.
“Site Operator” – the Service Provider, i.e. ClinicHunter Spółka z o.o. with its registered office in Poland, Warsaw 02-672, at Domaniewska 39A.
“Site User” – anyone can use the Site as an information service; anyone who has a device with a web browser and access to the Internet and who goes to one of the following domains: beautypoland.com. The other Services can only be accessed by a User who is an adult having full legal capacity, capable of giving consent for health care services and incurred liabilities.
“Registration” – the process of creating an Account for a User, necessary for the realization of Services, consisting of sending the User’s personal data necessary for the realization of Services, done by filling out the Contact form available on the Site and providing data to the Infoline consultant via telephone or online (Online chat).
“Terms of service” – these terms of service, whose acceptance is required for the realization of services.
3. Medical Holidays Abroad Website Content.
3.1 The information contained on the Site is not a substitute for professional medical advice, diagnosis or treatment. All publications included on the Site are for information purposes only. A User of the Site under any circumstances cannot disregard medical advice or delay seeking medical advice because of information available on the Site or obtained in connection with the Services provided by the Service Provider.
3.2 The Service Provider does not recommend nor endorse any specific examinations, tests, physicians, medical procedures, opinions or other information contained on the Site.
3.3 The Service Provider is not responsible for a User’s decision to make use of specific Partner’s services (e.g. a doctor, a medical centre, a spa & wellness centre).
3.4 The Service Provider shall make every effort to ensure that the information contained on the Site is current. In case of any doubt about the information contained on the Site, a User should contact a Partner in whose services they are interested directly. A User can seek further information from Infoline consultants, use our contact form or online chat.
II Conditions For Using the Website.
4. Registration Process and Conditions for Using the Website.
4.1 The conditions for using the Site are:
b) having an active e-mail account, in the case of Registering Users;
4.2 Use of the Site is free.
4.3 The Registration process on the Site involves creating an individual Account for a User, which allows management of data submitted to the Service Provider and use of all services available on the Site. The full Registration process requires the following data necessary for providing Services, due to their specificity: __________.
4.4 During the Registration process or filling out the Contact form, the User must fill in the fields marked with an asterisk (*). Refusal to provide the data may result in the denial of providing Services by the Service Provider and Partners due to the type of Services concerned. Refusal to fill in the fields marked with an asterisk (*) is equivalent to lack of User Registration and inability to use the Account.
4.5 Consent for personal data processing referred to in paragraph 4 is done by ticking the box on the Contact form: “I give my consent for processing my personal data”.
4.6 In the case of Registration by telephone through the Infoline, consent for personal data processing is given orally, by accepting the consultant’s statement, which reads “I hereby authorize you to process my personal data, including sensitive data on health status and communicating this information to the Service Provider selected by me, necessary for service provision by ClinicHunter Spółka z o.o. with its registered office in Poland, Warsaw 02-672, at Domaniewska 39A, on the terms specified in the regulations for providing e-services”.
4.7 Optionally, a User can add sensitive data on their health status, images, test results they want to send to a selected Service Provider. Sending personal data containing information about health status is not required. The User can use the “Ask a question”, “Make an appointment” services without having to enter personal data on health status. Providing data pertaining to health status via the contact form, to consultants via Infoline or Online chat, or as a Comment or Opinion is regarded by the Service Provider as voluntarily provided information on the User’s health status within the meaning of article 27 paragraph 2 point 8 of the Personal Data Protection Act. If a User has any concerns about providing any sensitive data concerning their health status via the User Account, the contact form or via Website, they should stop providing it and provide health information, test results, photos and other materials to the physician in person during the visit at Partners’ Plastic Surgery/Dental Clinic. If a User provides data pertaining to health status, they will be processed on the basis of article 27 §2 point 7 of the Act of 29 August, 1997 on the Protection of Personal Data.
4.8 The User is required to provide complete and accurate data during Registration. The Service Provider is not liable for false data provided by the User. Providing false data or data belonging to a third party provides the basis for termination of the Contract between the Service Provider and the User. Upon completion of proper Registration, the Service provider creates a User Account on the Site. The User is obliged to update any information contained in their Account, entered during the Registration process. Updates should be made using the appropriate form available on the Site after logging into the Account. The Service Provider is not liable for improper performance of the Services in the absence of data updates by the User, for example, by providing on the User Account an outdated phone number. A User is allowed to have only one Account. The User agrees not to make his Account available other Users or third parties. The Site Operator reserves the right to block or delete a User’s Account if the User does not comply with the provisions of the Terms of service, provided data in the Registration Form that are inconsistent with the facts, acts in conflict with generally applicable laws or principles of social coexistence, or if the User’s behaviour is deemed to be harmful by the Site Operator or other Users. A User can independently remove their Account at any time. The personal data of a User who removed their Account shall not be further processed by the Service Provider. A User can stop using the Site at any time by logging out of the Site. A User may not use the Site to advertise and promote business and private entities in any way, in particular those that provide medical, accommodation, tourism, and Spa & Wellness services. User Identity Verification in order to use the Site Services via the Internet is possible by securing the User Account with a password known only to the User. User Identity Verification in order to use the Site Services via the Infoline requires providing information selected by the Consultant from the data from the User Account, for example, the last three digits of the User’s Passport Number.
4.9 The User using the Service by adding specific files, Comments, Opinions or any other content ensures that the User has in this respect all legal rights, in particular copyrights; that the User does not inflict harm on third parties by their actions; and that in light of the law, the User have the legal power to undertake such actions. The User, by adding on the Site any types of materials (particularly pictures, comments, opinions) which are considered a piece of work within the meaning of the above Act, transfers to the Service Provider, from the moment of publication, the right of free of charge, irrevocable, unrestricted by time and territory use of the materials in question, in particular by their publication on the Site, recording, reproduction, publishing, saving to computer memory, wired or wireless broadcasting via sound or vision by a ground station, broadcasting via satellite, etc. Moreover, the User authorizes the Service Provider to use the above mentioned piece of work for promotional and advertising purposes. The User declares that they hold all the rights and appropriate consent, including from those whose images appear on the aforementioned materials, and authorizes the Service Provider to use them within the scope specified above.
4.10 As all visits at Partners’ Plastic Surgery/Dental Clinic need advanced planning, the User must divulge information of arrival and departure date. This must be done before making any reservations for any visits/appointments.
4.11 Payments for services offered by Partners are made directly to the Partners via credit card or cash (Polish Currency – PLN) after/before_______ .
12 On the Website the User can find current Price lists, and information of current Partners’ offers. All prices stated by Partners for their services are estimates based on the currency exchange rate. The Service Provider reserves the right to change the Price list according to the Price list’ update provided by Partners. All Price list’ changes will be posted on Website.
4.13 The exact price of Partners’ services will be quoted to the Users by Partners for their specified treatment plan. This can be higher or lower than the original quote for the required treatment, but only after an examination at Partners’ Plastic Surgery/Dental Clinic.
4.14 The Service Provider is not liable for inappropriate attachment of photographs or other documents by the User when filling the Contact Form.
4.15 Any content published on the Site, including images, videos, databases, are owned by the Service Provider and may not be copied, distributed or modified by the User.
4.16 The logo, graphic design and content of the Site are protected by copyright and industrial property law.
5. Contract Conclusion and Termination.
5.2 Conclusion of a Contract between the Service Provider and a User occurs at the moment the User receives an e-mail confirming Registration.
5.3 Termination of a Contract between the Service Provider and a User occurs:
5.4 Upon Account deletion by the User, which can take place at any time;
5.5 Upon processing by the Service Provider a request sent by the User via e-mail to delete the Account;
5.6 Upon deletion of the Account by the Service Provider for reasons specified in point 4.8.
5.7 The Consumer may, within 14 days of receipt of the Registration confirmation email, terminate the Contract without giving a reason, by sending a withdrawal form to the Service Provider’s e-mail, which the Consumer received along with the e-mail confirming the Registration. Termination of a Contract is not possible if the User within the period of withdrawal used a Partner’s Services through one of the Service Provider’s Services.
6. Terms of Publishing Opinions and Comments.
6.1 The User has the ability to publish Comments and Opinions on the Site. Publishing an Opinion is only possible when the User has used a Partner’s Service.
6.2 Comments and Opinions cannot contain profanity or obscene, racist, xenophobic content that in any way violates the personal rights of third parties. Comments and Opinions cannot be defamatory, insulting or constitute an act of unfair competition. In the case of publishing a Comment or Opinion that the entity who the entry pertains deems defamatory or abusive, the Site Operator, at the request of the entity, will provide data allowing the identification of the User.
6.4 Comments and Opinions are a manifestation of the Users’ subjective assessments, for which the Service Provider is not liable to third parties.
6.5 Upon the publication of a Comment or Opinion by a User, the content becomes part of the Site, to which the Service Provider has exclusive rights, and the Users’ rights are limited to the ability to modify or delete the Comment or Opinion.
III. Final Provisions
7. Complaints and Settling Disputes.
7.1 The User has the right to submit a complaint in writing, by fax, telephone, electronically (e-mail) or in person (orally or in writing) at the headquarters of the Site Operator, i.e. at the address: Poland, Warsaw 02-672, Domaniewska 39A, e-mail: ____________. The content of the complaint must indicate a name, surname, mailing address or e-mail, reasons for the complaint, and the expected Service Provider’s reaction (what the User wants). If the data or information provided in the complaint need to be supplemented, the Site Operator before dealing with the complaints shall ask the User to supplement them. Complaints are dealt with within 14 days from the date of receipt by the Site Operator of a complete notification of the complaint by sending in a manner chosen by the User (by letter or e-mail) information about how the complaint should be handled.
7.2 Complaints about a Partner’s Service will not be considered by the Service Provider and will be returned to the User. Any disputes related to the Services of the Service Provider shall be considered by the appropriate court of general jurisdiction over the location of the Service Provider’s headquarters.
7.3 The applicable law is Polish law. The User can also use out of court means of redress through mediation. Detailed rules for access to those procedures and lists of mediators are available on the websites of District Courts.
8. Exclusion and Limitation of Liability.
8.1 The Service Provider is not liable for whether the User will be able to use a Partner’s Service. A condition of using a medical Service is to obtain positive results of the control examination carried out by the Partner and the Partner’s qualification of the User to a selected medical Service of a Partner. Partners’ medical Services are realized on the basis of the provisions of the Act on health care activity and the Act on the professions of doctor and/or dentist.
8.2 The Service Provider is not liable for the realization of a Partner’s Service.
8.3 Claims for non-performance or improper performance of a Partner’s Service should be sent directly to the Partner.
8.4 The Service Provider is not responsible for the accuracy and reliability of materials published at the request of Partners; however, the Service Provider does due diligence to ensure materials supplied by Partners include current and accurate information. In case of doubt as to the content of the Site relating to the description or prices of Partners’ Services, a User should inform the Partner via e-mail ______________shared by the Service Provider.
9. Personal Data Processing.
9.1 During the Registration process or by filling out the Contact form or during conversation with Infoline consultant, the User of the Site gives consent for personal data processing by the Service Provider and Site Operator: ClinicHunter Spółka z o.o. – a corporation organized and existing under the laws of Poland, with its registered office in Poland, Warsaw 02-672, at Domaniewska 39A, entered into the register of the National Court Register kept by the District Court for the Capital City of Warsaw, XIII Commercial Division of the National Court Register, KRS number 0000 597310, with VAT PL 5213719700, and REGON (National Business Registry Number) 363560798, with its initial capital of 100.000 PLN.
9.2 The realization of the “Make an appointment” Services requires User consent to send User personal data to a Partner. The User gives consent by checking the appropriate box during the Registration procedure or by filling out the Contact form or makes an oral declaration to an Infoline consultant.
9.3 In order to be able to use the full functionality of the Site and to present the Services of Partners that are trustworthy and represent the highest quality, the User can optionally agree to send personal data provided to the Service Provider, including sensitive Partner data, and obtaining data from Partners whose services the User used about feedback on the scope and value of the Services.
9.4 The User can give consent for personal data processing also for marketing purposes. No consent for data processing for marketing purposes does not result in an inability to Use the Site’s Services.
9.5 Providing personal data by the User is necessary for the proper realization of the Services by the Provider and Partners.
9.6 The Service Provider may process the following User personal data necessary to establish and shape the content, make changes or terminate the legal relationship between them:
a) User’s first name and surname;
b)PESEL (Polish citizen personal identification) number or – if this number has not been assigned – passport number,
c) identity card number or the number of another document confirming identity,
d) registered address,
e) mailing address,
f) data used to verify the User’s electronic signature,
g) data on the User’s health status, if they are provided by the User.
9.7 The User shall have the right to access their personal data and the right to their correction or removal. Removal of a User’s personal data, done at the User’s request, makes it impossible to continue to provide Services, with the exception of Information services, and requires deleting the User Account along with all its contents.
10. Website Security and Terms Changes
10.1 The User is obliged to securely store and not divulge to third parties their username and password, which would enable access to the Account and use of the Website. The User is responsible for all operations carried out on the Site after logging in using their username and password. The Site Operator is not responsible for operations performed by third parties using the correct username and password.
10.2 The User is obliged to regularly change their password, not less frequently than every ___ days, following these guidelines: a minimum length of __________.
10.3 In case the User knows of a possibility of their password being known to third parties, the User is obliged to immediately notify the Site Operator by e-mail or Infoline.
10.4 The Site Operator shall not be liable for any damages incurred by the User as a result of threats on the Internet, in particular resulting from the installation of malicious software or the acquisition of passwords by third parties.
10.5 The Service Provider informs that the specific risks associated with the use of Services rendered electronically can include, among others, spam, malware, spyware, Internet worms, craking or phishing software, and others for which can be learned about in publicly available Internet materials by doing an Internet search.
10.6 The Site Operator reserves the right to temporarily increase or decrease the functionality of the Site, due to necessary maintenance work or other unforeseen difficulties in the functioning or availability of the Site.
10.7 The Site Operator informs about changes to the Terms of service on the Site. Changes shall enter into force on the date specified by the Site Operator, not be less than 14 days of making them available on the Site and notifying Users. The changes do not apply to services performed. In the event of changes, Users can either accept the new Terms of service or terminate the Contract by deleting their Account.
These Medical Holidays Abroad Terms and Conditions shall enter into force on August 29, 2016