Terms and conditions of services
REGULATIONS FOR THE PROVISION OF SERVICES
1. GLOSSARY
Platform
1.1 Platform – application available at the Internet address www.telemedi.co and its subdomains or in the form of an application for mobile devices, constituting part of the ICT system, enabling the provision of Platform Services;
1.2 Profile – an individual and authorized Patient account on the Platform;
1.3 Login – e-mail address (e-mail address) of the Patient indicated when concluding the contract. The address is used for each time access to the Profile;
1.4 Password – a string of characters used to obtain authorized access to the Profile on the Platform and used to identify the Patient when providing Services, set independently by the person registering the Profile or Patient or assigned automatically by the system when registering the Profile, at least 8 characters long, containing lowercase and uppercase letters and numbers or special characters;
1.5 Form – Online form in which the Patient completes the data necessary to order Telemedicine Services or Stationary Visits in accordance with the Regulations;
1.6 Registration Application – the user’s declaration of willingness to use the Services expressed via the Platform and combined with providing the necessary registration data and assigning a password.
Services
1.7 Services – services provided under the Regulations;
1.8 Access Service – access service “Telemedi.co Platform”, provided by the Service Provider electronically to Patients, consisting in granting access and organizing Services;
1.9 E-Visit – a type of Services including Telemedicine Services and Advice;
1.10 Telemedicine Service – health service provided by a Medical Consultant using ICT systems or communication systems within the meaning of the Act on Medical Activities;
1.11 Stationary Visit – health service provided through direct contact of the person providing the service with the Patient in a place intended for providing health services indicated in the Form;
1.12 Advice – a form of E-Visit provided by an Expert, which may take the form of dietary, psychological, coaching , training advice, etc.;
1.13 On-call time – the time during which the Consultant or Expert is available on the Platform and performs E-Visit Services at hours not included in the Schedule;
1.14 Hotline – telephone service for the Patient, available at +48 22 307 49 94 (call cost in accordance with the telecommunications operators’ fee tables);
1.15 Agreements – Service provision agreements concluded on the basis of the Regulations;
1.16 Organizational Regulations – organizational regulations of the Service Provider, prepared on the basis of the provisions of the Act on Medical Activities, published on the website www.telemedi.co;
1.17 Regulations – these Regulations;
1.18 Subscription – a service provided by the Service Provider including the right to free or partially paid use of the Services indicated in the Price List available on the Platform in exchange for recurring payments borne by the Patient.
Entities
1.19 Service Provider – Telmedicin sp. z o. o. with its registered office in Warsaw at ul. Biały Kamień 2, postal code 02-593, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw. Warsaw, XIII Commercial Division of the National Court Register, KRS number: 0000516452, NIP: 5272720484, providing services under the Regulations, being a registered Entity Performing Medical Activities with the entry number in the Register of Entities Performing Medical Activities 000000191183;
1.20 Partner – contractor of the Service Provider, in particular an entity conducting insurance, financial, medical activity or an employer who concludes an agreement with the Service Provider under which its beneficiaries (insured persons or employees) gain access to the Access Service and the E-Visit Service on the terms specified in this contract;
1.21 Patient – a natural person who is over 18 years of age and has not been deprived of legal capacity, including a natural person running a business who uses the Services provided by the Service Provider. The patient may be a minor or a person who does not have full legal capacity, to the extent that he or she is represented by a legal representative.
1.22 Assistant – a natural person appointed by the Service Provider or Partner to register Patients, provide basic information via the Hotline about the Services, the operation of the ICT System and the availability of Consultants, Experts and Services. The Assistant directs the Patient’s call to the Consultant or Expert in accordance with the Regulations, and may also establish a connection with the Patient in order to connect the Patient with the Consultant or Expert;
1.23 Consultant – a natural person running an entity performing medical activities in accordance with the provisions of the Act on Medical Activities or employed by such an entity or performing work for the Service Provider or cooperating with it, providing Telemedicine Services using the Platform and stationary services in the form of an Stationary Visit under the contract concluded with the Service Provider. Consultants, to the extent that health services are provided by the Service Provider, provide health services on the basis of the Regulations and the Organizational Regulations 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 Regulations referred to in the Act on Medical Activities;
1.24 Expert – a person practicing a medical profession providing Advice using the Platform under the contract concluded with the Service Provider.
1.25 Registration – personnel employed by the Service Provider or cooperating with the Service Provider, professionally responsible for registering Patients for the indicated Services via the hotline.
2. GENERAL PROVISIONS
2.1 The Regulations are made available free of charge on the website www.telemedi.co in a way that enables the acquisition, reproduction and recording of their content.
2.2 If connection with a Consultant or Expert is not possible, is difficult or takes too long, and the Patient’s health or well-being deteriorates, the Patient should immediately seek help from another entity providing medical services.
2.3 In the event of a sudden deterioration of health or well-being, the Patient should immediately contact the emergency number 112 to call an ambulance or go to the nearest entity providing medical services.
2.4 Contact or attempted contact with a Consultant or Expert may not delay or replace the performance of the actions indicated in points 2.2 and 2.3 of the Regulations.
2.5 If reliable information is obtained that the Patient may require immediate assistance and information about the Patient’s whereabouts, the Assistant, Consultant or Expert – fulfilling the obligation to provide assistance – may provide assistance to the Patient by providing the necessary information or call an ambulance.
2.6 These Regulations apply accordingly to Agreements concluded by the Service Provider with Partners, corporate clients or other contractors using the Platform to the extent not regulated in these agreements.
2.7 In matters not regulated in the Regulations, the provisions of generally applicable law shall apply.
2.8 The Service Provider is an entity that performs medical activities and provides health services within the meaning of the Act on Medical Activities. Services may be provided by the Service Provider or other entities performing medical activities on the basis of contracts concluded with the Service Provider.
2.9 Within the scope of Services, the Service Provider may conduct health promotion campaigns in accordance with generally applicable provisions, in particular Art. 3 section 2 points 1 of the Act on medical activities. The Service Provider will define the rules for conducting Health Promotion campaigns in separate regulations or conditions. In matters not regulated by the promotion regulations, the Platform Regulations will apply.
2.10 It is strictly prohibited for Patients to submit illegal content to the Platform.
3. TERMS OF SERVICE
3.1 Some Services are provided for a fee. Payment for the Services is made on the terms set out in the Regulations. Consultants and Experts are not authorized to collect fees from Patients.
3.2 By accepting the Regulations, the Patient takes into account the fact that E-Visits are provided via electronic means of communication and, if necessary, the Consultant or Expert may recommend a physical examination by a medical professional.
3.3 The Patient has the opportunity to modify the agreed Service free of charge under the terms specified in the Regulations.
3.4 The patient should disclose to the Consultant or Expert all information and circumstances that may be relevant to the provision of health services, including copies of medical records and test results that may be necessary to provide the service. The Patient should disclose to the Consultant or Expert any information and circumstances that may affect the Service provided. Failure to provide information or provide medical records may result in the inability to continue providing health services. The patient is responsible for false or concealed information if it had or could have influenced the performance of the Service.
3.5 The provision of some Services organized by the Service Provider may be conditional on the need for the Patient to provide additional data specified in the relevant provisions of the Regulations.
3.6 The E-Visit service lasts 15 minutes (one time unit). If the E-Visit Service requires more time, the Consultant or Expert extends the E-Visit time to the time necessary from the point of view of the Patient’s medical problem. There is no fee for extending the consultation time.
3.7 The maximum waiting time for a connection with a Consultant or Expert during their availability hours, provided that the Patient meets the conditions specified in the Regulations and arranges a specific date for the E-Visit, is 60 minutes. In the event of an extension of the waiting time for the connection or the lack of availability of Consultants or Experts, the Service Provider will inform the Patient about this.
3.8 The Patient has the right to withdraw from the Service free of charge within 14 days of concluding the Agreement regarding this Service. Withdrawal from Services involving health services is possible no later than the moment the Service begins. In the event of withdrawal from the indicated services, the Service Provider shall immediately return to the Patient, no later than within 14 days from the date of receipt of the Patient’s declaration of withdrawal from the contract, all payments made by the Patient. The Patient may submit a declaration of withdrawal by selecting the appropriate option on the Platform or by contacting the Service Provider by phone. If the patient does not withdraw on time, the patient is not entitled to reimbursement of the costs incurred.
3.9 The cost of the Services depends on the type of Service selected. The prices given in the Price List include individual Services
3.10 By sending the appropriate Form, the Patient submits a reservation for the Service indicated by him/her. The reservation must be paid within 4 hours of completing the Form via the Platform. Any reservation not paid within this period will be canceled and the patient will not incur any additional costs.
4. ACCESS SERVICE
4.1 The Service Provider provides the Access Service via the Platform.
4.2 The Access Service includes, among others: organization of the provision of Services, communication via electronic and telephone means, provision and operation of the Platform, registration and operation of the Profile, operation of the Hotline, survey of satisfaction with the Service by sending inquiries or telephone contact to evaluate the service provided, survey of preferences regarding the demand for products or services by sending inquiries or contacting us by phone 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 it concerns the User’s access to the Platform. As regards the hotline, the Service Provider provides the Access Service on working days from 8:00 a.m. to 8:00 p.m. The availability of the Access Service referred to in the previous sentence may change. In the field 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 from the Patient under the terms specified in the Regulations.
4.5 The Assistant is entitled to pre-register data and connect the Patient, at his request, with the Consultant or Expert, and provide the Consultant or Expert with additional information from the Patient, including information in the form of documents necessary to provide the Service.
4.6 The course of communication with the Assistant, Consultant and Expert is recorded. Before commencing communication, the person communicating with the Assistant, Consultant and Expert is informed about registration. Continuing the conversation means agreeing to registration – about which the communicating person is additionally informed before starting the registration. If there is no consent to registration, the person communicating with the Assistant, Consultant and Expert is obliged to end 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 service work. Users will be informed in advance about all cases of restriction.
4.8 The Service Provider makes the Catalog available to Patients.
4.9 Content related to the conclusion and performance of the Access Service Agreement is recorded, secured and made available to the Patient using electronic means of communication.
5. E-VISITS
5.1 The entity providing the E-Visit Services is a Consultant or Expert approved by the Patient. The Consultant or Expert may be selected randomly by the system – the conclusion of the contract with the Service Provider takes place after the approval of the Consultant or Expert. The E-Visit service is paid. The Patient may refuse to accept the Consultant or Expert – in such a case, the connection with the Consultant or Expert will be interrupted and the Patient will not be charged for the E-Visit.
5.2 A Consultant or Expert may provide E-Visits Services acting as an employee or collaborator of the Service Provider. Then the healthcare entity responsible for the patient’s health care is the Service Provider. The E-Visit service is performed in accordance with the procedures and conditions specified by the Service Provider.
5.3 A Consultant or Expert may provide E-Visits Services acting as an independent entity performing medical activities. Then, the medical entity responsible for the patient’s health care is the Consultant or Expert or the medical entity that employs them. The E-Visit service is carried out in accordance with the procedures and conditions specified by the medical entity responsible for health care.
5.4 Acceptance of the Consultant or Expert is tantamount to consent to the provision of health services.
5.5 The Consultant or Expert provides E-Visit Services, specified in the Regulations, to the Patient via the Platform.
5.6 Consultants and Experts perform E-Visit Services in accordance with the Schedule or during the On-Call.
5.7 The condition for using the E-Visit Service is the fulfillment of the conditions specified in the Regulations and the acceptance of the Consultant or Expert.
5.8 The patient selects the type of E-Visit Service from the available options:
5.8.1 immediate – information is exchanged after selecting the Immediate E-Visit Service option, accepting the Consultant or Expert on duty and establishing a connection with the Consultant or Expert; in the case of the immediate E-Visit Service, the Patient has the opportunity to contact the Consultant on duty;
5.8.2 by appointment – information is exchanged after selecting the E-Visit Service option by appointment, selecting the date and accepting the Consultant or Expert; establishing a connection with a Consultant or Expert requires the Patient to log in again on the Platform on the day and time corresponding to the selected date or – if the service is to be provided by telephone – availability at the indicated telephone number;
5.8.3 asynchronous – information is exchanged after selecting the asynchronous E-Visit option, accepting the Consultant or Expert and completing the electronic form. As part of an asynchronous exchange, the Patient can attach specific documents and send them to the Consultant, who responds within 48 hours.
5.9 Communication between the Patient and the Consultant or Expert may take the form of:
5.9.1 chat – exchange of short text messages between the Patient and the Consultant or Expert,
5.9.2 teleconference – audio transmission between the Patient and the Consultant or Expert via telephone or the Platform,
5.9.3 videoconferencing – audiovisual transmission between the Patient and the Consultant or Expert via telephone or the Platform,
5.9.4 email exchanges.
5.10 The availability of particular types of E-Visit Services and forms of communication is indicated on the Platform and depends on the specific Consultant/Expert who provides E-Visit services.
5.11 The asynchronous form is initiated in the form of a chat, while contact from the Consultant/Expert may take place in any form, depending on the choice made by the Patient or the available option. If the Consultant decides that it is not possible to provide an answer in the form chosen by the Patient, the Patient will be informed about this fact via the Platform or in the form of an e-mail or text message sent to a mobile phone. The patient decides to use the proposed form of communication.
5.12 The condition for ordering a Telemedicine Service is to complete the following data in the Profile: (1) name(s) and surname(s), (2) date of birth, (3) gender, (4) citizenship, (5) address of place of residence, (6) ) PESEL number, if assigned, or another registration number (in the absence of a PESEL number), (7) data and documents regarding health status related to the implementation of the Telemedicine Service (attached optionally), (8) e-mail address and contact telephone number ( excluding landline telephone number). If the Patient is a minor or does not have full legal capacity, the data of the Patient’s legal representative should be additionally completed to the extent analogous to the Patient’s data, omitting data and documents regarding health status related to the implementation of the Telemedicine Service .
5.13 The data referred to in the preceding paragraph are provided by the Patient in the Form.
5.14 Telemedicine services are provided by Consultants to the extent indicated in the Catalog and Organizational Regulations, taking into account the specific nature of the Telemedicine Service . Telemedicine services do not include health services requiring personal, direct contact with a person practicing a medical profession. If it is justified, in particular, by the Patient’s health condition, the Patient’s request or the Consultant’s legal obligations, the Consultant informs about the need for direct contact with a medical professional in order to continue health care. If necessary, the consultant may recommend a physical examination by a healthcare professional.
5.15 As part of the provision of Telemedicine Services, the Authorized Consultant may issue a prescription, referral, order for the supply of medical devices and a certificate of incapacity for work, if this is justified by the patient’s health condition reflected in the medical documentation. If the shipment is made using postal services, a handling fee may be charged in accordance with the Price List. The handling fee is not a form of remuneration for issuing a prescription, but serves to cover the costs associated with sending the prescription to the address indicated by the Patient.
5.16 In the case of collecting a prescription, referral or order for the supply of medical devices, the person providing postal services may request the Patient’s ID card; if the ID card is not presented, the indicated documents may be returned to the Consultant.
5.17 To issue a prescription, the Consultant may require the Patient to submit documents confirming his/her health status, in particular medical documentation, such as a hospital discharge card, laboratory/imaging test results, or a certificate from a specialist.
5.18 Consultants and Experts have all the authorizations and qualifications required by law to provide Telemedicine Services in the scope of the services they provide. The Service Provider verifies the rights of Consultants and Experts under applicable law.
5.19 Telemedicine services are provided by Consultants based on current medical and scientific knowledge, methods and means of diagnosing and treating diseases available via an IT or communication system, in accordance with the principles of professional ethics and with due diligence.
5.20 Consultants and Experts maintain and store medical records in accordance with the law, in particular the Act on Patient Rights. The patient may obtain access to medical records under the terms of the Act on Patient Rights and the Patient Ombudsman. The Service Provider also provides access to medical records via the Profile on the Platform.
5.21 The consultation may be preceded by a survey regarding, among others: the patient’s general health condition, previous treatment, test results, medications taken or genetic predispositions and risk factors.
5.22 The Consultant conducts an examination of the Patient in order to assess his health condition and select appropriate treatment methods.
5.23 The course of provision of the E-Visit Services may be recorded by the Consultant or Expert, and its record may be stored on the Service Provider’s servers. Before the start of individual E-Visit Services, the Patient is informed about the recording. Continuing the conversation means consent to recording – about which the patient is informed before the recording begins. If there is no consent to recording, the Patient is obliged to end the conversation during which the E-Visit Services are to be provided. If there is no consent to record the E-Visit Services, the Patient has the option of using individual services in the form of a chat.
5.24 E-Visit may constitute a health care service financed from public funds as part of services financed by the National Health Fund. E-Visits are carried out in this respect in accordance with the principles resulting from generally applicable laws.
6. SUPPORT SERVICE IN IMPLEMENTING MEDICAL RECOMMENDATIONS
6.1 In the case of E-Visits carried out via the Platform, the Patient will use the Support Service in implementing medical recommendations. The support service in implementing medical recommendations is free of charge. The service may be available on the Platform and selected subdomains of the Platform.
6.2 As part of the Support Service in the implementation of medical recommendations, a list of these medicinal products with a hyperlink will be displayed to a Patient who received an e-prescription during the Telemedicine Service or was recommended medicinal products available without a doctor’s prescription, based on the analysis of data from the implementation of the E-Visit regarding medicinal products. to the website of the online pharmacy cooperating with the Service Provider, where they can be ordered or purchased.
6.3 After clicking on the hyperlink, the Patient will be automatically redirected to an online platform enabling Patients to place orders for Products approved for sale in generally available pharmacies.
6.4 The rules for using the online platform are set out in separate regulations for the provision of services available on this online platform. Entering the platform’s website does not oblige the patient to purchase specific medicinal products.
7. RESEARCH IMPLEMENTATION SERVICE
7.1 Through the Platform, the Patient may order an examination to be carried out by medical entities cooperating with the Service Provider. Tests that the patient may order include:
7.1.1 Medical laboratory tests;
7.1.2 Imaging tests.
7.2 The tests are carried out by the Service Provider in cooperation with other medical entities. The Service Provider will make the test results available in the Patient’s Account. A list of currently available tests is available on the Platform.
7.3 The results of tests ordered via the Platform will be available to the Patient in his/her Account on the Platform when they are transferred by the medical entity directly carrying out the test to the Service Provider’s IT system. The results will be made available in a format that allows them to be downloaded and printed. The patient will be informed about the availability of results via text message (SMS).
7.4 If a referral is required to carry out the examination, the Patient may submit the referral in electronic form via the Platform.
8. INTEGRATION SERVICE WITH MEDICAL DEVICES
8.1 A patient using medical devices integrated with the Platform may connect his/her Account to these medical devices. The connection of the medical device with the Platform should be carried out in accordance with the instructions provided to the Patient by the Service Provider, an entity cooperating with the Service Provider that performs medical activities or attached to the medical device. Connecting a medical device to the Platform is free of charge.
8.2 After correct connection in accordance with point 8.1, the Patient may obtain a preview of the results of measurements performed using a medical device within the Account, store them on his/her Account, send them to Consultants or Experts (including as part of E-Visits) and subject them to other operations provided for by functionalities of the Platform.
8.3 The Service Provider does not interfere with the operation of the medical device or the measurement results it generates. The service provider is not responsible for incorrect operation of the medical device or incorrect or unreliable measurement results.
9. IN-HOUSE VISIT SERVICE
9.1 Through the Platform, the Patient or Assistant may order medical services provided on-site by the Service Provider independently or in cooperation with other entities performing medical activities. The list of currently available services is available on the Platform.
9.2 In order to order a stationary visit via the Platform, the Patient can check the dates of available Stationary Visits for medical professionals in entities carrying out medical activities cooperating with the Service Provider and obtain additional information about them, as well as make an appointment via the Platform for an Stationary Visit with a Consultant carried out directly by Service Provider in the place indicated on the Platform adapted to provide health services.
9.3 On-site Visit services are paid. Making a payment is a condition for ordering a Stationary Visit. The possibility of changing the date or canceling a medical service ordered by the Patient via the Platform may be limited depending on the agreement between the Service Provider and the given entity performing medical activities that provides the medical service.
9.4 Medical documentation created during the medical service may be made available in the Patient Account. If the Service is provided by an entity performing medical activities other than the Service Provider – this possibility may be limited depending on the agreement between the Service Provider and a given entity performing medical activities providing the stationary visit service.
10. PREVENTION
10.1 When using the Platform, the Patient may be provided with a service enabling him to obtain personalized recommendations in the field of health prevention (Prophylaxis).
10.2 In order to use Prevention, the Patient completes a medical questionnaire (basic or detailed), may also connect data from medical devices or other health applications or medical documentation.
10.3 Prevention allows you to: receive information about the chances of developing the most common diseases and health tips for prevention, monitor the patient’s health condition and supervise the progress of treatment/prevention (via the application or a medical guardian).
10.4 Prevention is only intended to present potential threats and diseases related to the symptoms and predispositions provided by the Patient. This service does not constitute any form of health care service and does not replace a doctor’s visit, medical diagnosis or any form of consultation with a doctor. The service is for instructional purposes only. The information presented as part of the service does not constitute a medical diagnosis. The Service Provider is not responsible for the content presented by algorithms as part of Prevention on the Platform.
10.5 The patient may be able to use the services of third parties by using Prophylaxis. In such a case, the Service Provider is not a party to contracts for the provision of electronic services concluded by the Patient and third parties, and is not responsible for their performance.
10.6 Through the Platform, the Patient may receive access to tutorial materials on prevention. The content of these materials does not constitute a medical diagnosis, and the Service Provider is not responsible for any errors contained therein.
11. CONDITIONS FOR CONCLUDING AND TERMINATING AGREEMENTS
11.1 An agreement concluded on the terms set out in the Regulations is an agreement regarding health services within the meaning of the Consumer Rights Act.
Concluding an access service contract
11.2 The Agreement for the provision of the Access Service is concluded at the moment:
11.2.1 submitting the Registration Application and accepting the regulations and Privacy Policy,
11.2.2 creating a Hotline Consultation in accordance with point 4.5 of the Regulations.
11.3 The conclusion of the Access Service Agreement in the manner described in point 10.2.1 is subject to the following conditions:
11.3.1 the Registration Application must include the Patient’s e-mail address and contact telephone number (it cannot be a landline telephone number). The patient is obliged to provide a Password. Submitting a Registration Application is tantamount to submitting a declaration by the person submitting the Registration Application that:
11.3.1.1 the person submitting the Registration Application is over 18 years of age and has full legal capacity;
11.3.1.2 the e-mail address and telephone number indicated 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 submitting the declaration on his behalf is his legal representative. In such a case, obtaining access to the Access Service will require providing the data of the legal representative.
11.3.3 After receiving a correctly completed Registration Application, the Service Provider activates the individual Patient Profile on the Platform, to which the Patient has access using the Login and Password.
11.4 Concluding an agreement for the provision of the Access Service in the manner described in point 10.2.2 includes the following steps:
11.4.1 The Patient connects to the Registration via the Hotline, providing his/her data indicated in point 5.12 of the Regulations and specifying which Expert or Consultant he/she would like to consult.
11.4.2 Registration creates a consultation and a Patient Profile on the platform based on the data provided by the Patient during a telephone conversation;
11.4.3 After creating a Consultation, the system sends a registration confirmation with a link to the Patient Profile and an access code to the email address and/or telephone number provided by the Patient:
11.4.3.1 The Patient accepts the Regulations and Privacy Policy by logging in to the Account on the Service Provider’s website.
11.4.3.2 If the patient does not log in to the Patient Profile before the scheduled consultation, the patient will be asked by phone to accept the Regulations and the Privacy Policy and informed about the fact that the conversation with the Consultant or Expert is being recorded. The patient confirms acceptance by pressing the “1” button in response to a call from the answering machine. The patient can listen to the Regulations by pressing the “2” button and the Privacy Policy by pressing the “3” button.
11.5 Unless the provisions of separate agreements provide otherwise, the Access Service Agreement is a framework agreement and is concluded for an indefinite period.
Concluding a contract for other services
Telemedicine Services or Advice. Ordering an in-person visit or examination is tantamount to concluding a contract 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 point 5.2, the Service Provider is a party to the agreement for E-Visit Services with the Patient.
11.9 To the extent referred to in point 5.3, the party to the contract for E- Visit Services with a Patient is the relevant entity performing medical activities.
11.10 The contract for other Services is concluded when the selected Service is used in accordance with the Regulations and information available on the Platform.
Termination of contracts
11.11 In the scope of the Access Service, the Patient may terminate the contract with the Service Provider at any time with a 1-month notice period, by submitting a declaration in the manner provided for submitting complaints, unless the provisions of a separate contract provide otherwise. At the Patient’s request, the Service Provider may agree to a shorter notice period.
11.12 In the scope of the Access Service, the Service Provider may terminate the contract with the Patient at any time with a 1-month notice period, by submitting a declaration to the Patient’s e-mail address provided for this purpose, unless the provisions of a separate contract provide otherwise.
11.13 The Patient may withdraw from the Agreement at any time. In the case of scheduled
E- Visits Services, modification or cancellation of the E-Visits Service may result in the obligation to pay a fee in accordance with the Platform Regulations, taking into account point 3.8 of these Regulations. After the Service has been performed, the Patient loses the right to withdraw from the Agreement and is informed about it.
11.14 Each 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, legal provisions or the rights of the other party or a third party.
12. Payments
12.1 Payment for the Services may be made:
12.1.1 by the Patient, by purchasing the appropriate Service,
12.1.2 by the Service Provider’s Partner, who, under a separate agreement concluded with the Service Provider, determine the form and scope of access to the Services, advice and health information.
12.2 Payment for the Services is made through one-time electronic payments or recurring payments made as part of the Subscription or based on the detailed provisions of the contract concluded with the Partner – using one of the payment methods indicated on the Platform. Payment for the Subscription may be made in advance for the period indicated by the Patient.
12.3 The fees for the Services are regulated in the Price List available on the Platform. The Service Provider charges fees for the Services in accordance with the Price List and information addressed to Patients posted on the Platform.
12.4 At the Patient’s request, the Service Provider will issue a VAT invoice after submitting an appropriate notification by e-mail to the following e-mail address: [email protected]
12.5 Payment for a single E-Visit Service or other Service is collected before its commencement. The patient is informed about the moment of payment and has the option to cancel the E-Visit Service before its commencement if it is not possible to make the payment after the E-Visit Service has been completed.
12.6 The Service Provider may introduce promotions for the Services. The detailed rules of the promotion are specified in the promotion regulations each time. 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 the Service Provider’s bank account details and payment instructions,
12.7.3 voucher – a previously purchased package of Services including a single Service or a fixed number of Services and an expiration date. The voucher can be purchased by an individual patient or by a Partner.
12.8 The patient may make payments via the billing account functionality. The account operates on the following principles:
12.8.1 payment for the Consultation is made first from the funds accumulated on the account within the Profile;
12.8.2 the settlement account may be topped up by the Patient or Partner by transfer or voucher.
12.8.3 the account balance may be negative, in which case new funds will first be transferred to cover the negative balance. The negative balance limit is PLN 100.
12.9 The amounts given 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 of conclusion of the Agreement.
12.10 As part of the Subscription, the Patient gains access to the Services provided by the Service Provider without having to pay additional fees or having to pay only a partial fee for the indicated Service, depending on the selected Subscription. The price list and list of Services covered by the Subscription may be subject to restrictions in accordance with the Subscription.
12.11 To purchase a Subscription, you must register or log in to your Profile and follow the information regarding the Subscription provided there.
12.12 The first payment for the Subscription is made in advance for a period depending on the choice of Subscription, in accordance with the price given in the Price List, and each subsequent payment is collected periodically in accordance with the rules specified in the Platform or promotion regulations.
12.13 The Service Provider reserves the right to limit the availability of the Subscription purchase, of which he 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. Data entered into the transaction authorization form are transferred directly to the settlement service.
12.15 The contract is concluded for a specified period of time depending on the selected Subscription option, unless the provisions of separate contracts provide otherwise.
12.16 Updating Subscription prices does not require any changes to the Regulations. The updated price will apply when concluding a new Access Service Agreement. A change in the Subscription price will not affect Agreements concluded before the change in the Subscription price.
12.17 Voucher payment is identified by an individual voucher code entered by the Patient when ordering the E-Visit service or other Services. Additionally, the voucher can top up the account in the Patient Profile in the account balance tab. Your individual voucher code(s) are issued at the time of purchase. If the vouchers are purchased by the Partner, he/she provides the voucher codes to the Patient (his employee or insured person) in order to use the E-Visit service.
12.18 In the event of non-payment, the Service Provider will send a request to the Patient for payment. If the request for payment turns out to be ineffective, the Service Provider is entitled to collect the debt, also through an external debt collection company.
12.19 In the event of exercising the right to withdraw from the Subscription contract after using the services included in the Subscription, the Patient is obliged to pay for the services provided, according to the Service Provider’s price list, until the moment of withdrawal from the contract, in accordance with Art. 35 section 1 of the Act of May 30, 2014 on consumer rights.
13. TECHNICAL REQUIREMENTS
13.1 Using the Platform requires meeting the following technical requirements necessary for cooperation with the IT System used by the Service Provider:
13.1.1 a device with access to the Internet with the Microsoft Windows, iOS or Android operating system and a minimum connection speed of 1 Mbps ,
13.1.2 installed the current version of the Chrome web browser with enabled support for applications necessary for proper connection to the IT system,
13.1.3 starting JavaScript support (latest and enabled JavaScript),
13.1.4 active e-mail address,
13.1.5 mobile phone.
13.2 If you use a mobile application, the device should have Android or iOS, updated to the latest version.
13.3 When using the Platform on mobile devices, you must have the Telemedi.co application installed, available on Google Play (www.play.google.com) or Appstore (www.appstore.com).
13.4 The recommended minimum screen resolution when using the Platform via a browser is 1024×768 pixels.
13.5 Connection to the Platform is made using the SSL protocol.
13.6 In order to ensure the security of the provision of Services and data transmission , the Service Provider takes measures, in particular technical ones, adequate to the threat.
13.7 The Patient is solely responsible for non-performance or incorrect performance of the Service resulting from the Patient’s failure to meet the requirements specified in the Platform Regulations.
14. RIGHTS AND OBLIGATIONS OF THE PARTIES
14.1 The Service Provider reserves the right to:
14.1.1 temporary cessation of the provision of the Access Service, primarily due to maintenance activities or related to system modifications of the Platform,
14.1.2 sending legal, technical and transactional messages to the Patient’s e-mail address related to the functioning of the Platform and the provision of the Access service, including in particular information on changes to the Regulations,
14.1.3 providing data of Consultants or Experts required by law and their availability calendars,
14.1.4 immediately notify about the lack of availability of the Consultant or Expert, resulting from circumstances that arose after the Patient selected the date
14.2 The Service Provider reserves the right to discontinue the provision of the Access Service and transfer the rights to the Platform to another entity.
14.3 The Patient’s PESEL number and ID number are linked to the Profile and are used 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 a change of e-mail address by contacting the Helpline or making an appropriate change using the appropriate form on the Platform.
14.4 Creating a Profile is voluntary and free of charge. Creating a Profile is a necessary condition for using the E-Visit Service and the Services indicated in points 6 – 10 of the Regulations.
14.5 The Patient may complete the Profile by entering additional data via the Form, including the data referred to in point 5.12, an additional e-mail address or telephone number.
14.6 The Patient undertakes not to disclose access data to the Profile to third parties.
14.7 The Patient undertakes to immediately inform the Service Provider, by e-mail or via the Hotline, about any security breaches or any use of the Patient Profile by unauthorized persons.
14.8 The patient is obliged to:
a. early cancellation of the visit via the Platform or direct contact with the Service Provider if you wish to cancel the visit,
b. maintaining personal culture and observing the rules of social coexistence during the provision of Services, in particular during contact with medical staff,
c. present only true information about your health condition,
d. use the Services in accordance with medical recommendations.
15. LIABILITY RULES
15.1 To the extent referred to in point 5.2, the Service Provider is responsible for the implementation of the E-Visit Services. To the extent referred to in point 5.3, the responsibility for the implementation of the E-Visit Services lies with the relevant entity performing medical activities.
15.2 The Service Provider, and in the cases referred to in point 5.3, the Consultant or Expert, and the Patient are obliged to repair the damage suffered by the other party to the Agreement as a result of non-performance or improper performance of obligations arising from the Agreement or the Regulations, unless the non-performance or improper performance was a consequence of 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 caused by the Service Provider.
15.4 The Service Provider, Consultant or Expert is not responsible for the Patient providing incomplete, false or incorrect information, especially in the case of providing data of third parties without their knowledge or consent. The patient is solely responsible for the consequences of providing incorrect, incomplete, false, misleading or otherwise incorrect data.
15.5 The Service Provider, Consultant or Expert is not responsible for the consequences of using the Access Service by the Patient in a manner inconsistent with the Platform Regulations.
15.6 The Service Provider, Consultant or Expert is not responsible for:
15.6.1 damage caused to third parties resulting from the use of services by Patients in a manner inconsistent with the Regulations or legal provisions,
15.6.2 damage resulting from the lack of continuity in the provision of Services, resulting from circumstances for which the Service Provider is not responsible, as a result of force majeure,
15.6.3 acts and omissions of third parties, except for persons for whom the Service Provider is responsible under the law,
15.6.4 the Patient provides false or incomplete information during registration.
15.7 The Consultant or Expert is not responsible for the Services provided by the Service Provider.
16. QUESTIONS, COMMENTS, COMPLAINTS
16.1 The Patient has the right to submit inquiries, comments and complaints in connection
with the use of the Services. Inquiries, comments and complaints regarding the Services and the operation of the Platform and related technical issues should be submitted:
16.1.1 to the e-mail address [email protected].
16.1.2 at the hotline number,
16.1.3 in writing to the Service Provider’s correspondence address.
16.2 Complaints will be considered as soon as possible in electronic, written or telephone form, depending on the form in which the complaint was submitted, but no later than
within 14 days, unless the relevant Organizational Regulations provide for a shorter deadline.
16.3 The content of the complaint should include at least:
16.3.1 data allowing identification of the Patient: Patient’s login, name and surname, e-mail address, postal address (for complaints submitted by mail);
16.3.2 specification of the subject of the complaint,
16.3.3 determining the Patient’s possible requests,
16.3.4 indication of the date of the event indicating improper performance of the Service.
16.3.5 bank account number – in the event of a request for a refund
17. FINAL PROVISIONS
17.1 Sending content that is illegal, contrary to decency or violating the rights of the Service Provider or others, and which could cause or encourage behavior considered illegal, violating the rights of third parties, in particular copyrights or personal rights, is prohibited.
17.2 The Patient bears the costs resulting from the use of electronic means of 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 law and intangible goods protected by intellectual property law. None of this content,
in particular text, photos, programs, graphics, trademarks, icons, logos, etc. presented on the website may be reproduced or distributed in any form or in any way without prior permission. The Patient undertakes to use the content posted on the Platform only for permitted personal use.
17.4 The Service Provider is entitled to unilaterally change the Regulations in the event of:
17.4.1 force majeure circumstances,
17.4.2 changes in applicable legal provisions applicable to the provision of electronic services or distance transactions,
17.4.3 changes or introduction of new Services, provided that changes to the Regulations are intended to adapt the content of the Regulations to the offer.
17.5 The Service Provider will inform the Patient about any changes to the Regulations immediately after the Patient logs in to the Platform. The patient will be bound by the provisions of the new Regulations unless he or she terminates them within 14 days from the date of publication of the notification of the change in the Regulations. A patient using the Platform under a Subscription who does not accept the change to the Regulations is entitled to a refund of the unused Subscription amount.
17.6 The administrator of personal data is TELMEDICIN SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Warsaw at ul. Biały Kamień 2, postal code 02-593.
17.7 The purposes, legal basis and period of personal data processing, as well as detailed rules regarding their disclosure and the catalog of rights of persons whose data are processed, are included in the Privacy Policy available at https://telemedi.com/pl/privacy-policy/ which is an integral part of these Regulations.
17.8 In the case of Services provided in accordance with separate agreements concluded between the Service Provider and Partners, the provisions of these agreements shall take precedence over the provisions of these Regulations.