Terms of the Provision of Electronically Supplied Services

§ 1 [general provisions]

1.     These Terms of the Provision of Electronically Supplied Services, hereinafter referred to as the Terms of Service, are introduced in accordance with to Article 8(1)(1) and Article 8(3) of the Polish provision of electronically supplied services Act as well as the Polish Consumer rights Act.

2.     These Terms of Service concern the web portal at winkler.clinic, hereinafter referred to as the portal.

3.     Any amendments hereto apply from their publication at the portal. By using the portal, the user accepts any of the introduced and published amendments hereto.

4.     The portal may require to be periodically put out of service, in whole or in part, including the discontinuation of the provision of the services indicated in § 2 point 1 of these Terms, where necessary for the purpose of carrying out maintenance or similar activities.

5.     For the purposes hereof, the service provider will be understood as Piotr Winkler, trading under the business name Specjalistyczna Praktyka Neurochirurgiczna Piotr Winkler in Poznań (61-144), registered address: ul. B. Krzywoustego 114 (Poland), Tax-ID: 666-129-89-33, phone number: +48 602 558878, e-mail: piotrwinkler@me.com, member of the Polish Chamber of Physicians located in Poznań (Poland), license to practise: 2718986, title: phycisian, doctor aquired in Poland and the service recipient or user will be understood as any natural person, legal person or organisational entity devoid of legal personality using an electronically supplied service.

6.     The provider is practising in the field of medicine under the governing law, as well as an Ethics Code, which was published and can be viewed at any time on the National Physicians Chambers website.

 

§ 2 [electronically supplied services]

1.     The use of the portal involves the provision of the following services:

a)     the blog,

b)     becoming acquainted with other content and materials,

c)     Facebook, Instagram and YouTube plug-in,

d)     the contact form in the ‘contact’ tab,

e)     the “initial qualification” service

2.     The use of the portal services requires Internet access and a browser enabling the user to read the portal.

 

§ 3 [conclusion and termination of an agreement]

1.     An agreement for the provision of electronically supplied services is concluded:

a)     in the case of the service indicated in § 2 point 1 (a) – at the time of clicking a specific blog article or blog tab,

b)     in the case of the service indicated in § 2 point 1 (b) – at the time of clicking specific content or the commencement of otherwise becoming acquainted with it,

c)     in the case of the service indicated in § 2 point 1 (c) – at the time of clicking the Facebook, Instagram or YouTube plug-in,

d)     in the case of the service indicated in § 2 point 1 (d) – at the time of sending a message through the contact form.

e)     in the case of the service indicated in § 2 point 1 (e) – at the time of the successful conclusion of a payment service by the user for the “initial qualification” service. The provider will confirm this action before the service of “initial qualification” will be provided and executed.

2.     An agreement for the provision of electronically supplied services indicated in § 2 point 1 (a)-(d) can be terminated at any given time without stating a reason for it, which does not affect any other contracts concluded by the Parties.

3.     Any of the agreements indicated in § 2 point 1 (a)-(d) are concluded or terminated free of charge.

4.     A notice of withdrawal from the relevant agreement indicated in § 2 point 1 (a)-(d)  is tantamount to a request to terminate the agreement with immediate effect.

5.     The service provider may at any time terminate an agreement for the provision of electronically supplied services indicated in § 2 point 1(a) and (d) in the case of the user’s infringing these Terms of Service or where maintenance or similar activities must be carried out.

6.     Conclusion of the agreement for the provision of electronically supplied services indicated in § 2 point 1 (e) will result in a mandatory payment by the user. The final amount of the payment will be determined not later than at the moment of expressing the will to conclude the agreement. The provider can us “promo codes”, which result in lowering the amount the user has to pay within the given action.

7.     The payment, as stated in Section 6 above will be executed using a wire-transfer service or using a credit card charge (payment-service), which are provided by a professional entity.

8.     The professional entity, which provides the payment-service is liable for its operations.

9.     Before the conclusion of the agreement for the provision of electronically supplied services indicated in in § 2 point 1 (e) but not later than at the moment of expressing the will to conclude the agreement the provides will inform the user in a understandable manor in accordance to art 12 of the Polish consumer rights Act.

10.  The consumer has the right to withdraw from the agreement indicated in § 2 point 1 (e) within a period of 14 days without stating a reason for it and free of charge in accordance with Section 11 below. In order to exercise this right the user has to send the Provider a withdrawal statement within the mentioned period of time. The provider confirms receiving of this statement without undue delay at least via e-mail. A successful withdrawal from the agreement results in reimbursement the amount paid by the user, in accordance with Section 11 below.

11.  The user will not be able to withdraw from the agreement, as stated in Section 10 above if the service is provided upon the users agreement to do so, provided that the user has been informed beforehand, that once the service is provided his right to withdraw in terminated. Should the service not be provided in full and the user withdraws from the agreement within the period of 14 days, that the payment is due according to what amount of the services was provided (in proportion to the provided service). Any surplus will be reimbursed without any due delay.

12.  The user can submit a termination of the agreement for the provision of electronically supplied services indicated in in § 2 point 1 (e), but once it has been concluded its regulated by the Civil Code.

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§ 4 [prohibited behaviour and exclusions]

1.     In particular, the following activities are prohibited: the use of the portal in a manner inconsistent with these Terms of Service or mandatory law, or contrary to the rules of social conduct; the use of the portal for the purpose of disseminating immoral, e.g. offensive or xenophobic content; the use of the portal for the purpose of promoting or advertising the user’s own services or goods, or disseminating commercial information; the copying or otherwise fixing, recording or disseminating of blog articles or other content without a prior written or e-mail consent of the service provider; reference to or dissemination of blog articles with no indication of the source or author.

2.     The service provider assumes no liability for user or third-party behaviour, notwithstanding any other exclusions laid down by law. Neither does the service provider assume any liability for any Facebook, Instagram or YouTube features.

3.     No content, including blog content, constitutes any form of the provision of healthcare services and no such content can be any basis for the service provider’s liability.

 

§ 5 [complaint]

1.     At any time, the user may lodge a complaint by electronic mail with regard to the services indicated in § 2 point 1. The complaint can be submitted via e-mail indicated in § 1 point 5 or available in the “Contact’ area of the website.

2.     For the purpose of lodging a complaint, in such an e-mail message the user should indicate the issue in question and provide data enabling the service provider to identify the user and to reply (it is necessary to provide at least the user’s e-mail address).

3.     The service provider will examine the complaint within 14 days and send a reply to the user by electronic mail.  The lack of a reply within the above-mentioned time limit results in the acceptance of the complaint as justified.

4.     A complaint can be also submitted in writing using address details indicated in § 1 point 5, in which case the user has to provide information stated in Section 2. Instead of an e-mail the user can provide a standard address. Such a complaint will be processed in accordance to Section 3 and a response will be provided in writing or via e-mail accordingly to the information provided by the user.

5.     If the complaint applies to an already executed or partially executed initial qualification service it will be processed within a period of 30 days in accordance with the Polish consumer rights Act

 

§ 6 [final provisions]

1.     Matters not regulated herein are governed by mandatory law, in particular by the provisions of the Civil Code, the Polish consumer rights Act and of the Act on the provision of electronically supplied services.

2.     The applicable law of governing any kind of disputes is the polish law as well as the European law. The materially competent court will be the court in Poland.

3.     The protection of personal data is regulated by the Privacy Policy and by the Personal Data Protection Policy.