Términos y condiciones
TERMS AND CONDITIONS OF THE WEBSITE
valid from 01/09/2021
§ 1 GENERAL PROVISIONS
1. The www.telemedicalinnovations.com website operates on the terms set out in these Terms and Conditions.
2. The Terms and Conditions define the types and scope of services provided electronically by the www.telemedicalinnovations.com Website, the rules for the provision of these services, the conditions for concluding and terminating contracts for the provision of electronic services, as well as the complaint procedure.
3. Each Customer, upon taking steps to use the Electronic Services of the www.telemedicalinnovations.com Website, is obliged to comply with the provisions of these Terms and Conditions.
4. The www.telemedicalinnovations.com website provides the Service Recipients with space to read information about the Service Provider and the Service Provider’s offer.
5. In matters not covered by these Terms and Conditions, the following provisions shall apply:
5.1. the Act on the provision of electronic services of July 18, 2002,
5.2. the Consumer Rights Act of May 30, 2014,
5.3. the Act on out-of-court resolution of consumer disputes of September 23, 2016,
5.4. the Civil Code Act of April 23, 1964,
5.5. and other relevant provisions of Polish law.
§ 2 DEFINITIONS CONTAINED IN THE TERMS AND CONDITIONS
1. CONTACT FORM – a form available on the website www.telemedicalinnovations.com that allows you to send a message to the Service Provider.
2. CONSUMER – a natural person who performs a legal transaction with the Entrepreneur not directly related to its business or professional activity.
3. ENTREPRENEUR – a natural person, legal person and organizational unit referred to in Art. 331 of the Civil Code (i.e. an organizational unit that is not a legal person, to which the law grants legal capacity), conducting business or professional activity on its own behalf.
4. TERMS AND CONDITIONS – these Website Terms and Conditions.
5. SERVICE – the Service Provider’s website at www.telemedicalinnovations.com .
6. NEWSLETTER – an Electronic Service that allows the Service Recipient to subscribe to and receive free information from the Service Provider regarding the Website to the e-mail address provided by the Service Recipient.
7. SERVICE PROVIDER – TELEMEDICAL INNOVATIONS spółka z ograniczoną odpowiedzialnością entered into the Register of Entrepreneurs by the District Court in Gliwice, 10th Commercial Division of the National Court Register under KRS number: 0000653884, place of business and address for service: ul. Wincentego Pola 16, 44-100 Gliwice, NIP: 7123325660, REGON: 366116390, e-mail address: email@example.com .
8. SERVICE RECIPIENT – a natural person, legal person or an organizational unit without legal personality, which the law grants legal capacity using the Electronic Service.
9. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Client via the Website.
§ 3 TYPE AND SCOPE OF ELECTRONIC SERVICES
1. The Service Provider enables the use of Electronic Services via the Website, such as:
1.2. sending a message via the Contact Form in the Service menu in the «Contact» tab and in the «Investor Relations» tab.
2. The provision of Electronic Services to the Service Users on the Website takes place under the conditions specified in the Terms and Conditions.
3. The Service Provider has the right to post advertising content on the Website. These contents constitute an integral part of the Website and the materials presented therein.
§ 4 CONDITIONS FOR THE PROVISION AND CONCLUSION OF CONTRACTS FOR THE PROVISION OF ELECTRONIC SERVICES
1. Provision of Electronic Services specified in § 3 point 1 of the Terms and Conditions by the Service Provider is free of charge.
2. The period for which the contract is concluded:
2.1. the contract for the provision of Electronic Services consisting in the use of the Newsletter is concluded for an indefinite period,
2.2. the contract for the provision of Electronic Services consisting in enabling the sending of a message to the Service Provider via the Contact Form is concluded for a definite period of time and is terminated when the message is sent or the Service Recipient ceases to send it.
3. Technical requirements necessary for cooperation with the ICT system used by the Service Provider:
3.1. a computer (or mobile device) with Internet access,
3.2. access to e-mail,
3.3. a web browser with the latest available software version,
4. The Service Recipient is obliged to use the Website in a manner consistent with the law and morality with respect for personal rights and intellectual property rights of third parties.
5. The Service Recipient is obliged to enter data consistent with the facts.
6. The Service Recipient is prohibited from providing illegal content.
§ 5 COMPLAINTS RELATING TO THE PROVISION OF ELECTRONIC SERVICES
1. Complaints related to the provision of Electronic Services via the Website may be submitted by the Service Recipient via e-mail to the following address: firstname.lastname@example.org .
2. In the above e-mail, please provide as much information and circumstances as possible regarding the subject of the complaint, in particular the type and date of irregularities and contact details. The information provided will significantly facilitate and accelerate the consideration of the complaint by the Service Provider.
3. Consideration of the complaint by the Service Provider takes place immediately, not later than within 14 days from the date of notification.
4. The Service Provider’s response to the complaint is sent to the Service Recipient’s e-mail address provided in the complaint or in another manner provided by the Service Provider.
§ 6 CONDITIONS FOR TERMINATION OF CONTRACTS FOR THE PROVISION OF ELECTRONIC SERVICES
1. Termination of the contract for the provision of Electronic Services:
1.1. the contract for the provision of Electronic Services of a continuous and indefinite nature (Newsletter) may be terminated,
1.2. The Service Recipient may terminate the contract with immediate effect and without giving reasons by sending an appropriate statement via e-mail to the following address: email@example.com ,
1.3. The Service Provider may terminate the contract for the provision of Electronic Services of a continuous and indefinite nature in the event of breaches of the Service Recipient in relation to the Service Provider, after an ineffective prior call to cease the violations with an appropriate deadline. In such a case, the contract expires after 7 days from the date of submitting the declaration of will to terminate it (notice period),
1.4. termination leads to termination of the legal relationship with effect for the future,
1.5. The Service Provider and the Service Recipient may terminate the contract for the provision of Electronic Services of a continuous and indefinite nature at any time by agreement of the parties.
§ 7 INTELLECTUAL PROPERTY
1. All content posted on the website at www.telemedicalinnovations.com is protected by copyright and (subject to § 7 point 3 and elements posted by the Service Users, used by the Service Provider on the basis of a license, transfer of proprietary copyrights or fair use) are the property of TELEMEDICAL INNOVATIONS SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ entered into the Register of Entrepreneurs by the District Court in Gliwice, 10th Commercial Division of the National Court Register under KRS number: 0000653884, place of business and address for service: ul. Wincentego Pola 16, 44-100 Gliwice, NIP: 7123325660, REGON: 366116390. The Service Recipient bears full responsibility for damage caused to the Service Provider, resulting from the use of any content on the www.telemedicalinnovations.com website, without the Service Provider’s consent.
2. Any use by anyone, without the express written consent of the Service Provider, of any of the elements constituting the content and content of the www.telemedicalinnovations.com website constitutes a violation of the Service Provider’s copyright and results in civil and criminal liability.
3. All trade names, product names, company names and their logos used on the Website’s website at www.telemedicalinnovations.com belong to their owners and are used only for identification purposes. They may be registered trademarks. All materials, descriptions and photos presented on the website of the Service at www.telemedicalinnovations.com are used for informational purposes.
§ 8 RESPONSIBILITY
1. The Service Provider takes all measures available to him to protect the data of the Service Recipients.
2. Recipients are fully liable for breaking the law or for damage caused by their actions on the Website, in particular by providing false data, disclosing classified information or other secrets protected by law, violation of personal rights or copyrights and related rights.
3. The Service Provider is responsible for the processing of Users’ personal data contrary to the purposes of the Website.
4. The Service Provider is not responsible towards the Service Recipients who are not Consumers:
4.1. for any damage and loss, directly or indirectly (including damage due to loss of profits from running a business, interruptions in business operations or loss of business information and other property damage), resulting from the use, inability to use or malfunction of the Website’s software, resulting from the shutdown or failure of the ICT system, failure of the power grid,
4.2. in connection with improper use of the Website by the Service Recipient who is not a Consumer and the malfunctioning of computer hardware, computer software or the communication system through which the Service Recipient connects to the Website system,
4.3. for any damage resulting from errors, failures and interruptions in the functioning of the Website or caused by incorrect recording or reading of data downloaded by the Customers,
4.4. for disruptions in the proper functioning of the Website, as well as loss of data of Service Recipients who are not Consumers as a result of force majeure or third parties,
4.5. for the actions of third parties consisting in the use of data and materials posted on the Website that is inconsistent with generally applicable law or these Terms and Conditions.
§ 9 FINAL PROVISIONS
1. Agreements concluded through the Website are concluded in accordance with Polish law.
2. In the event of non-compliance of any part of the Terms and Conditions with applicable law, the relevant provisions of Polish law shall apply in place of the challenged provision of the Terms and Conditions.
3. Changes made to the Terms and Conditions of the Website by the Service Provider shall be binding on the Service Recipient, provided that he has been properly informed about the changes. The Service Provider informs the Service Recipient about the changes by placing the changed documents on the Website, together with the date from which they apply.
4. Any disputes between the Website and Consumers will be resolved first by negotiation with the intention of an amicable settlement of the dispute, taking into account the Act on out-of-court settlement of consumer disputes. However, if this would not be possible or would be unsatisfactory for either party, disputes will be resolved by a competent common court.
5. Court settlement of disputes:
5.1. any disputes arising between the Service Provider and the Service Recipient 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,
5.2. any disputes arising between the Service Provider and the Service Recipient who is not also a Consumer, shall be submitted to the court having jurisdiction over the Service Provider’s seat.
6. The Service Recipient who is a Consumer also has the right to use out-of-court dispute resolution, in particular by submitting, after the end of the complaint procedure, an application to initiate mediation or an application for consideration of the case by an arbitration court (the application can be downloaded from 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 use the free help of a poviat (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection. Out-of-court redress after the complaint procedure is completed is free of charge.
7. In order to resolve the dispute amicably, the consumer may, in particular, file a complaint via the ODR (Online Dispute Resolution) internet platform, available at: http://ec.europa.eu/consumers/odr/.