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Terms of Use

Prior to using the Internet service www.avigon.pl Customers are obliged to read the Regulations.

 

TERMS AND CONDITIONS OF THE WEBSITE WWW.AVIGON.PL

 

  1. General provisions

  2. Definitions

  3. Type and scope of electronic services

  4. Conditions for providing and concluding agreements for the provision of electronic services

  5. Terms of terminating contracts for the provision of electronic services

  6. Complaint procedure

  7. Right of withdrawal from the agreement

  8. Intellectual property

  9. Responsibility

  10. Final provisions

 

  1. GENERAL PROVISIONS

  1. The website operating at www.avigon.pl is run by AVIGON SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ (AVIGON LIMITED LIABILITY COMPANY) , entered in the Register of Entrepreneurs kept by the District Court Katowice - Wschód in Katowice, 8th Commercial Division of the National Court Register under KRS number: 0000491486, Tax Identification Number: 9542760249, REGON : 243439680, share capital: PLN 5,000.00, place of business and delivery address: ul. Janowska 2/2, 40-423 Katowice, e-mail address (e-mail): biuro@avigon.pl , phone: +48 669 011 799.

  2. The www.avigon.pl website operates on the terms set out in these Regulations.

  3. The Regulations define the type and scope of services provided electronically via the www.avigon.pl Website , the rules for the provision of these services, the terms and conditions for concluding and terminating contracts for the provision of electronic services, as well as the complaint procedure.

  4. Each Customer as of taking action to use the Electronic Services of the Website www.avigon.pl , is obliged to comply with the provisions of these Regulations.

  5. The Service Provider conducts activities related to health promotion, health education and health through the Website.

  6. The practitioner or specialist decides on a person's health condition or other problem he / she is facing after having examined it or examined it through teleinformation systems or communication systems. Internet consultations provided by him are, therefore, an alternative to a direct visit to a doctor or specialist, enable diagnosis, treatment or other health-related activities with any legal consequences.

  7. Consultations on the Internet via the Website are health services within the meaning of art. 3 par. 1 and par. 2 of the Act on medical activity and constitute consultations and medical advice.

  8. The information contained on the Website does not constitute an offer within the meaning of the provisions of the Civil Code.

  9. The Service Provider provides the Website for the purpose of providing Internet Consultations, but does not employ and is not an Employer of Professionals registered on the Website.

  10. Registered Users registered on the Website are responsible for non-performance or improper performance of their mutual obligations.

  11. The User is obliged to ensure that the descriptive content of Orders transferred to the Contractor is up-to-date and in line with the actual state. The content of the Order should be prepared by the User in a manner consistent with reality, reliable and complete.

  12. In matters not covered by these Regulations, the following provisions shall apply:

  1. Civil Code;

  2. Consumer Rights Act of May 30, 2014 (Journal of Laws of 2014, item 827;

  3. Law on Patients' Rights and the Patient's Law Officer of November 6, 2008 (consolidated text, Journal of Laws of 2012, item 159, as amended);

  4. Act on therapeutic activity of April 15, 2011 (unified text of December 7, 2012, Journal of Laws of 2013, item 217, as amended);

  5. Act of 9 October 2015 amending the act on the information system in health care and some other acts;

  6. Act of 5 December 1996 on the professions of a doctor and a dentist (OJ 1997 No. 28 item 152, as amended);

  7. The Act on Electronic Services of July 18, 2002 (Journal of Laws No. 144, item 1204, as amended) and other relevant provisions of Polish law.

  1. DEFINITIONS

  1. E-PATIENT (CUSTOMER) - a Client who is a natural person, having full legal capacity, submitting via the Website the order to perform the Internet Consulting service by a Specialist.

  2. REGISTRATION FORM - a form available on the Website to enable the creation of an Account. The Registration Form allows you to create an Account corresponding to a specific User. To activate the Account, click on the link that will be sent in the message to the mailbox provided during the registration process.

  3. SPECIALISTS CATALOG - Electronic Service allowing Specialists to present and share their data to E-patients using the Website .

  4. ACCOUNT - marked with an individual name (login) and password provided by the User, a set of resources in the Service Provider's IT system in which User's data is collected .

  5. INTERNET CONSULTATION - services provided by the Specialist (Contractor) to E-patients (Customers) within the meaning of art. 42 par. 1 of the Act on the professions of a doctor and a dentist, i.e. involving examination of the patient via ICT systems or communication systems, as well as services related to health promotion or coaching / mentoring, promoting healthy lifestyle and environmental and individual health-promoting factors, and on health education and training, enabling the Ordering Party to increase control over the factors conditioning the state of physical or mental health and thus its improvement.

  6. CONSUMER - a natural person who performs with the entrepreneur a legal action not related directly to its business or professional activity.

  7. NEWSLETTER - an Electronic Service allowing the Recipient to subscribe and receive free e-mail information regarding the Website from the Service Provider to the e-mail address provided by the Service User.

  8. REGULATIONS - these Terms of Service.

  9. SERVICE - website of the Service Provider operating at the address www.avigon.pl.

  10. SPECIALIST (CONTRACTOR) - Client with medical or psychological education or allowing the provision of coaching or mentoring services, having the right to practice as a doctor, psychologist, psychotherapist or licensed to provide mentor services, coaching services or other consultations, providing E-patients, using means of communication at a distance, online consultations according to the profession, qualifications and specializations. The registration of the Specialist on the Website and making his data available to E-patients follows the acceptance of these Regulations and after the positive verification of the Specialist carried out by the Service Provider.

  11. OPINION SYSTEM - An Electronic Service made available to the Clients by the Service Provider, enabling posting opinions regarding the course and implementation of the Internet Consulting services provided.

  12. MEANS OF COMMUNICATION ON DISTANCE - IT and teleinformation device with software, used for individual remote communication and Internet Consulting, and as part of their health care services, using data transmission between IT and teleinformation systems.

  13. SERVICE PROVIDER - AVIGON SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ (AVIGON COMPANY WITH LIMITED LIABILITY), KRS number: 0000491486, NIP: 9542760249, REGON: 243439680, share capital: 5,000.00 PLN, place of business and address for delivery: ul.Janowska 2/2, 40-423 Katowice.

  14. SERVICE USER, USER - natural person with full legal capacity, legal person or an organizational unit without legal personality, which became important in legal capacity, uses the Electronic Services.

  15. SERVICE ELECTRONIC - a service provided electronically by the Service Provider to the Customer via the Website.

  16. ORDER - a statement made by an E-patient (the Customer) via the Website, which is an expression of the will to use the services of a Specialist registered on the Website, including entrusting him with performing Internet Consulting.

  1. TYPE AND SCOPE OF ELECTRONIC SERVICES

  1. The Service Provider enables using the Website to use Electronic Services such as:

  1. secure and anonymous tool for contacting a Specialist with an E-patient and conducting Internet Consulting and coaching / mentoring services,

  2. account management,

  3. Opinion System,

  4. Newsletter.

  1. Provision of Services to Service Users on the Website is carried out on the terms specified in the Regulations.

  2. The Service Provider has the right to post advertising content on the Website . These contents form an integral part of the Website and the materials presented therein.

  1. CONDITIONS FOR PROVIDING AND CONCLUDING AGREEMENTS FOR THE PROVISION OF ELECTRONIC SERVICES

  1.  Provision of Electronic Services specified in Chapter III, point 1 lit. b) to d) of the Regulations by the Service Provider is free of charge.

  2. Provision of Services and Electronic specified in Chapter III, point 1 lit. a ) Regulations by the Service Provider is payable.

  3. Payments referred to in point 2 this chapter can be made through integrated payment forms of PayU SA:

  • by traditional transfer to a bank account, or

  • by electronic transfer, or

  • by debiting a payment card.

  1. Internet consultations are provided only upon payment of the fee referred to in point 2 of this chapter.

  2. The customer makes the payment before starting the service. Electronic payment services allow you to make payments using a quick transfer from selected Polish banks.

  3. Only Registered Users may use the Internet Consulting.

  4. When starting using the Website, the User gains the right to choose a specific category regarding his needs, by using the Search Engine Specialists. Then, from among the specialists made available by the Website in a given category, he selects a particular Contractor and a form of contact with him provided individually by each Specialist. The website provides basic data of the specialist, his / her specialization, service cost, visit schedule and opinions of other clients.

  5. The cost of the service is predetermined by the Specialist and visible on his profile .

  6. After selecting the Contractor and performing the process of ordering the Internet Consulting service , the Ordering Party pays a fee, referred to in point 2 - point 6 of this chapter.

  7. Implementation of the Internet Consulting is possible only after paying the fee, which means the posting of cash in a given amount on the bank account indicated in point 3 of this chapter or making payments via electronic payment services or payment cards.

  8. As part of the Internet Consultations, Contractors , according to their profession, powers and specializations, are entitled to:

  1. providing the patient with a therapeutic or health-related benefit of diagnosing the disease / disorder, making a diagnosis and determining the health of an E-patient;

  2. answer the E-patient's questions and provide the E-patient with knowledge about the organism and development, prevention and basic principles of disease prevention, hygiene and health care, as well as skills necessary for self-care and self-control of health, in particular mental health;

  3. inform the E-patient about the possibility of using drugs or their counterparts that can be obtained without a prescription and educate about possible side effects in taking medications or other remedies;

  4. issue a prescription necessary for the continuation of treatment, if it is justified by the health of the E-patients reflected in the medical documentation;

  5. advice, opinion or other assistance regarding health, including in particular the mental and the organism of the E-patient;

  6. informing E-patients of the need to be examined by a doctor or other specialist personally, the need for specialist help, including a provider of health services or the need to perform laboratory tests;

  7. providing mentoring or coaching services or other consultations to E-patients.

  1. The period for which the contract is concluded:

  1. Agreement for the provision of Electronic Services consisting in the use of the tool referred to in Chapter III, point 1, point a) is concluded for a definite period of time and terminates at the moment the Customer ceases to use the Service. Online consultations are provided via a video call (the conversation takes place at a specific time and at a specific time).

  2. The contract for the provision of Electronic Services consisting in running an Account is concluded for an indefinite period.

  1. In order to create an Account, the Customer is obliged to conduct free registration.

  2. In order to register, the Service Recipient should complete the Registration Form made available and send it to the Service Provider by selecting the appropriate function. During registration, the Customer sets a password.

  3. When completing the Registration Form, the Customer should keep the following rules:

  • Recipient must fill in all fields of Registration Form, unless the field is optional;

  • The information entered into the Registration Form should relate to the Service Recipient and be consistent with the facts;

  • The Service Recipient should read and confirm the fact of reading the Regulations and the Privacy Policy, marking the appropriate field of the registration form;

  • The Service Recipient should consent to the processing of his personal data on terms and in the scope and for the purposes set out in detail in the Privacy Policy. Expressing consent to the processing of personal data is voluntary, but necessary to register and create an Account;

  • After sending the completed Registration Form, the Service Receiver will immediately receive confirmation of registration to the e-mail address. At this moment, the Customer gains access to the Account and to making changes of data provided during registration (except for the Login) and gains the opportunity to use the services offered by the Service Provider via the Website.

  1. The Agreement for the provision of Electronic Services consisting in the use of the Opinion System is concluded for a definite period of time and shall be terminated upon the publication of an opinion or cease to be posted by the Service Recipient.

  1. The customer undertakes to:

  • give opinions and assess only when he himself used the evaluated services,

  • not add false or misleading opinions about the services provided,

  • add unbiased opinions as part of the right to freely express opinions, mainly to provide other Users with the opportunity to create an individual assessment of the services provided,

  • not to place an advertisement for goods, services, entities, unless such action is conducted in consultation with the Website and with its consent,

  • not to publicize personal data without the consent of the persons whose data or opinion they concern without their explicit consent, unless the law provides that such data may be made public without its consent.

  1. The contract for the provision of Electronic Services consisting in the use of the Newsletter is concluded for an indefinite period.

  1. Technical requirements necessary to cooperate with the ICT system used by the Service Provider:

  1. a computer (or a mobile device) with access to the Internet along with accessories enabling a video call,

  2. access to electronic mail,

  3. Internet browser Chrome or Firefox,

  4. enabling Cookies and Javascript in the browser.

  1. The Service User is obliged to use the Website in a manner consistent with the law and morality with respect for the personal rights and intellectual property rights of third parties.

  2. The recipient is obliged to enter data consistent with the actual state.

  3. The recipient is prohibited from providing unlawful content.

  4. The Client is obliged to refrain from any actions that could hinder or interfere with the functioning of the Website and actions to the detriment of Service providers and other entities.

  5. The Service Provider reserves the right to refuse to publish, edit or delete content, the nature of which violates the provisions of the Regulations, the provisions of the generally applicable law, in particular when they contain elements:

  1. widely recognized as offensive or vulgar,

  2. racist,

  3. pornographic or erotic,

  4. bearing the marks of crimes or acts of unfair competition,

  5. infringing copyright and intellectual property rights,

  6. misleading Service Users,

  7. advertising other websites, including in particular competitive websites in relation to www.avigon.pl,

  8. SPAM or promotional material,

  9. containing announcements about competition activities organized without the consent of the Website. 

  1. TERMS OF TERMINATING CONTRACTS FOR THE PROVISION OF ELECTRONIC SERVICES

  1. Termination of the contract for the provision of Electronic Services:

  1. The contract for the provision of Electronic Service of a continuous and unlimited duration may be terminated (e.g. account management).

  2. The Service Customer may terminate the contract with immediate effect and without indicating reasons by sending an appropriate statement via e-mail to the following address: biuro@avigon.pl .

  3. The Service Provider may terminate the contract for the provision of electronic services consisting in placing an advertisement on the Website in the event that the Service User violates the Regulations, in particular when providing the illegal content after ineffective prior call to stop violations with setting an appropriate deadline. In such a case, the contract expires after 7 days from the date of submitting the declaration of will on its termination (notice period).

  4. Termination leads to the termination of the legal relationship with effect for the future.

  1. The Service Provider and the Service Customer may terminate the contract for the provision of Electronic Services on the Website, at any time by agreement of the parties.

  1. COMPLAINT PROCEDURE

  1.  Complaints related to the provision of Electronic Services by the Service Provider:

  1. Complaints related to the provision of Electronic Services via the Website may be submitted by the Customer via electronic mail to the following address: reklamacje@avigon.pl.

  2. In the above e-mail, please provide as much information and circumstances regarding the subject of the complaint, in particular:

  1. name and surname

  2. contact details (e-mail address)

  3. the type and description of the problem that is the subject of the complaint,

  4. the date of occurrence of the irregularity.

  5. The information provided will significantly simplify and speed up the consideration of the complaint by the Service Provider.

  1. The Customer has the right to submit a complaint within 30 days from the date of the complaint.

  2. Consideration of the complaint by the Service Provider shall take place immediately, not later than within 14 days of the notification.

  3. Service Provider's response to the complaint is sent to the Customer's e-mail address provided in the complaint form or in another way provided by the Client , including a different address provided in the Registration Form.

  1. The Service Provider is not responsible for the quality of services provided by Specialists and for mistakes made by them. 

  1. RIGHT OF WITHDRAWAL FROM THE AGREEMENT

  1. Subject to point 3 of this chapter, the Customer who is also a Consumer who concluded a distance contract may withdraw from it without giving reasons, by submitting a relevant statement within 14 days. To comply with this deadline, it is enough to send a statement of withdrawal from the contract.

  2. A fourteen-day term in which the consumer may withdraw from the contract, counted from the date on which the consumer has entered into a service contract.

  3. The right to withdraw from a distance contract is not entitled to the Consumer in the case of a contract in which the service is provided, if the trader has performed the service with the express consent of the Consumer who was informed before the provision that he will lose the right of withdrawal from the contract.

  4. If the Consumer exercises the right to withdraw from the contract after submitting the request to provide the service, he is obliged to pay for the services fulfilled until the withdrawal from the contract.

  5. The payment amount is calculated in proportion to the scope of the service provided, taking into account the price or remuneration agreed in the contract. The basis for calculating this amount is the market value of the service provided.

  1. INTELLECTUAL PROPERTY

  1. All content posted on the website at www.avigon.pl, including the name of the Website, its functionalities, graphic design, logos, graphic elements, layout and composition of these elements (so-called "layout"), trademarks, software and knowledge base available on the website, enjoy legal and copyright protection (except elements used under license, transfer of copyright or fair use) are owned AVIGON SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ (AVIGON COMPANY WITH LIMITED LIABILITY), KRS number: 0000491486, NIP: 9542760249, REGON: 243439680, ul. Janowska 2/2, 40-423 Katowice. The Service Recipient bears full responsibility for the damage caused to the Service Provider, resulting from the use of any content on the www.avigon.pl website, without the consent of the Service Provider.

  2. Any use by anyone, without the express written consent of the Service Provider, of any of the elements making up the content and the content of the www.avigon.pl website is a violation of the copyright of the Service Provider and results in civil and criminal liability. No part of the resources of the Avigon.pl medical portal may be published without the consent of the Website. Any printing, copying and saving of data to a computer disk is only allowed for the User's private use.

  3. The Service User, by sending files and other digital content to the Website, confirms his right to dispose of them and bears sole responsibility for infringements of proprietary and related rights, personal data and personal rights of third parties, and in the event of any person having any claims or demands in relation to This service, undertakes to release the Website and the Service Provider from all liability in connection with violations and to fully satisfy claims of third parties in this respect.

  1. RESPONSIBILITY

  1. The Service Provider shall take all available measures to protect Users' data.

  2. The Service Provider will make every effort to ensure that the data available on the Website  is complete and up to date and presented with due diligence, taking into account the existing factual and legal circumstances, within the limits allowed by law and with full respect for consumer rights.

  3. The Service Users bear full responsibility for breaking the law or damage caused by their actions on the Website, in particular providing false data, disclosing classified information or other secrets protected by law, infringement of personal rights or copyrights and related rights, as well as the processing of Users' personal data contrary to the purposes of the Website or in violation of the provisions of the Act on the Protection of Personal Data.

  4. For the consequences of providing the Contractor incorrect, incomplete, untrue, misleading or otherwise incorrect data, the sole responsibility lies with the Principal.

  5. The Service Provider undertakes, if possible, to inform Users in advance about possible disruptions in the functioning of the Website, in particular about breaks in access.

  6. The Service Provider is not responsible in relation to the Customers who are not Consumers:

  1. for any damage or loss, directly or indirectly (including damage due to loss of profits from running a business, breaks in   business activity or loss of business information and other damage   property), caused due to the use, impossibility of using or malfunctioning the Website software, damages resulting from the shutdown or failure of the ICT system, power network failure,
  2. due to improper use of the Website by a Customer who is not a Consumer and improper functioning of computer hardware, computer software or a communication system by means of which the Service User connects to the Website system,
  3. for any damage caused as a result of errors, breakdowns and interruptions in the functioning of the Website or caused by incorrect recording or reading of data downloaded by Service Users,
  4. for disruptions in the proper functioning of the Website, as well as loss of data of Customers who are not Consumers arising as a result of force majeure or third parties,
  5. for the actions of third parties consisting in the use of data and materials placed on the Website that is inconsistent with applicable law or the Regulations,
  6. for the inability to log in to the Website system caused in particular by: the quality of the connection, failure of the ICT system or power network, incorrect configuration of the software of the Customers who are not Consumers,
  7. for the consequences of losing a password.

  1. FINAL PROVISIONS

  1.  Agreements concluded via the Website are concluded in accordance with Polish law.

  2. Changes made in the Regulations of the Service by the Service Provider, bind the Service Recipient, provided that he has been properly informed about the changes and did not terminate the agreement for the provision of electronic services within 14 days from the date of notifying the Service about changes by the Website.

  3. Any disputes arising between the Service Provider and the Registered Users shall be resolved in the first place through negotiation, with the intention of amicable settlement of the dispute. However, if this would not be possible or would be unsatisfactory for either party, disputes will be resolved by the competent common court, in accordance with point 4 of this chapter.

  4. Judicial dispute resolution:

  1. Any disputes arising between the Service Provider and the Customer who is also a Consumer shall be submitted to the competent courts in accordance with the provisions of the Code of Civil Procedure of November 17, 1964 (Journal of Laws No. 43, item 296, as amended).

  2. Any disputes arising between the Service Provider and the Service Recipient who is not a Consumer shall be submitted to the court competent for the seat of the Service Provider.

  1. The recipient who is a consumer also has the right to use extrajudicial dispute resolution, in particular by submitting a request for mediation or application for review of the case by the arbitral tribunal after the complaint procedure (the application can be downloaded on the website http://www.uokik.gov.pl/download.php?plik=6223). The list of Permanent Consumer Arbitration Courts operating at the Provincial Inspectorates of the Trade Inspection is available on the website http://www.uokik.gov.pl/wazne_adresy.php#faq596). The consumer may also take advantage of free assistance from a municipal consumer advocate or a social organization whose statutory tasks include consumer protection. Out-of-court claims after the complaint procedure is free.

  2. In order to amicably resolve the dispute, the consumer may, in particular, file a complaint via the online platform ODR (Online Dispute Resolution), available at: http://ec.europa.eu/consumers/odr/. 

 

 

"A heart full of love and compassion is the main source of inner strength, willpower, happiness, and mental tranquility"

Dalai Lama XIV