Tourmedica.pl terms of service
Use of the site is equivalent to accepting these terms of service
Please read our site terms and conditions carefully
Terms of service for users of the TOURMEDICA site on the following domains:
Tourmedica.pl, Tourmedica.co.uk, Tourmedica.de, Tourmedica.ru
from 1st September 2015
§1 Service Provider
- The Service Provider within the meaning of the Act on the provision of services by electronic means is Tourmedica.pl Sp. z o.o. located in Lodz, ul. Piramowicza 11/13, entered into the register of the National Court Register kept by the District Court for the Capital City of Warsaw, XII Commercial Division of the National Court Register, KRS number 0000414677, with NIP (TIN) 9452167826, and REGON (National Business Registry Number) 12252929800000.
- Tourmedica.pl sp. z o.o. is not a health care entity within the meaning of the Act on health care activity (Journal of Laws from 2011 No. 112, item 654) and does not provide any type of health care services.
- The Service provider is not the seller of the services presented on the Site, nor is it a Party to a contract in the case of conclusion of a contract between a Service User and a Partner. The Service Provider is not responsible for the course and realization of a contract between a Service User and a Partner.
- The Service Provider is an external entity managing the provision of medical services within the meaning of article 27 paragraph 2 point 7 of the Personal Data Protection Act, which means it processes sensitive personal data pertaining to a User's health that is provided voluntarily and made public by the User.
§2 Definition of terms
- Price lists – information on approximate prices of services offered by Partners provided to the Service Provider by Partners. Information contained on the Site, including Price Lists, do not constitute an offer within the meaning of the provisions of the Civil Code.
- Online chat – online discussion between a User and a Service Provider employee (consultant) involving sending test messages on the Site. The discussion is meant to help in the realization of Services and is used to Register Users.
- Contact form – an electronic document enabling communication between the Service Provider and a User as well as a User and a Partner, the filling of which is necessary for the implementation of Services.
- Infoline – dedicated phone lines enabling Registration, contact between a User and a Service Provider employee as well as a User and a Partner in order to take advantage of a Partner's services. Conversations conducted via the Infoline are recorded and stored by the Service Provider in compliance with the law.
- Comment – a User's statement published by the User regarding materials posted on the Site. Comments can only be published by Users who have Registered, but at the User's request a Comment can be published without providing the User's name and surname; the only identifier of the User will be a name or screen name indicated by the User. A Comment is published after verification by the Site Operator, who ensures it does not have offensive, vulgar, obscene, pornographic, racist or advertising contents.
- Consumer – a User who benefits from the Services available on the Site in a way that is not related with business or professional activities.
- Account – a User's profile a run by the Site Operator, which constitutes an element of the Site, unavailable publicly, being a collection of resources where the User's data are collected, enabling storing data, and vital for realizing the "Make an appointment", "Ask a question", "Vouchers", and "Payment plans" services, secured by a password known only by the User. Via an Account, a User can take advantage of the Site's functions and manage their data and materials sent to the Service Provider. A User is allowed to have only one Account.
- Materials – presentations, information, articles, discussion forums, User opinions and comments, photos, and price lists available on the Site.
- Site Operator – the Service Provider, i.e. Tourmedica.pl Sp. z o.o. located in Lodz, ul. Piramowicza 11/13.
- Opinion – a User's assessment of a Partner's service published on the Site. At the User's request an Opinion can be published without providing the User's name and surname; the only identifier of the User will be a name or screen name indicated by the User. An Opinion is published after verification by the Site Operator, who verifies if the User used the Partner's services and ensures the Opinion does not have contents of an offensive, vulgar, obscene, pornographic, racist or advertising nature.
- Partner – legal entities undertaking health care activities within the meaning of the Act from 15th April 2011 on health care activity, or entities offering services such as accommodation, SPA & Wellness, as well as other services presented on the Site.
- Presentation – information about a Partner and the services it offers, including a price list, presented on the Site in written, graphic, and audiovisual forms. Presentations are created by the Site Operator on the basis of data presented by the Partner and at the Partner's request.
- Terms of service – these terms of service, whose acceptance is required for the realization of services.
- Registration – the process of creating an Account for a User, necessary for the realization of Services, consisting of sending the User's personal data necessary for the realization of Services, done by filling out the Contact form available on the Site and providing data to the Infoline consultant via telephone or online (Online chat)
- Site – specialized Internet portal available at the following URL addresses: www.tourmedica.pl, www.tourmedica.co.uk, www.tourmedica.ru, www.tourmedica.de, whose owner is the Service Provider indicated in §1 of these Terms of service. The Site serves as a place to deliver to Users materials, information or price lists in electronic form pertaining to medical, accommodation, tourist and spa & wellness services provided within the territory of Poland. The Site enables, in particular:
a) Obtaining information about Partners' services
b) Obtaining information about the prices of services offered within the territory of Poland
c) Seeing before and after photos of procedures offered by Partners
d) Reading and adding opinions pertaining to Partners' services
e) Commenting on articles available on the Site
f) Asking a question to a chosen specialist
g) Making an appointment for a Partner's service
h) Purchasing gift vouchers
- Health services – activity aimed at prevention, maintaining, saving, restoring or improving health and other medical activity resulting from the treatment process or separate legislation for providing them
- Contract – a contract for the provision of services described in the Terms of service, entered into for an indefinite period between the User and the Service Provider to the extent and under the conditions specified in the Terms of service.
- Information services – a free service provided electronically, offered through the Site; it consists of providing websites that allow Partners to present their services and Users to familiarize themselves with the Partners' offers as well as information on the available medical, accommodation, tourism, spa & wellness services in Poland. Information services do not require any input by the User, who can use it anonymously, regardless of age.
- "Make an appointment" service – a free service provided electronically or via telephone, involving making appointment for medical, cosmetic or accommodation services; requiring creating an Account by the User, entering personal data, and the User having full legal capacity.
- "Ask a question" service – a free service provided electronically or via telephone, involving asking a question to a doctor selected by the User, whose description and services are presented on the Site; requiring creating an Account by the User, entering personal data, and the User having full legal capacity.
- "Voucher" service – a paid service consisting of selling by the Service provider a document enabling taking advantage of a Partner's Service by a User, on terms foreseen by these Terms of service for a price not exceeding the nominal value of the voucher.
- "Payment plans" service -– a paid service consisting of contacting a User with a bank via electronic means. If a bank grants a User a loan, it is sent to the Service Provider, who pays on the User's behalf for a selected Partner's Service. The instalments are paid by the User directly to the bank, with whom the User concluded a loan agreement.
- Partner's Service - services offered by Partners, such as:
a) Medical service - any medical service performed in the field of medicine by a health care entity within the meaning of the Act on health care activity (Journal of Laws from 2011 No. 112, item 654), in particular including aesthetic medicine
b) Accommodation service – a type of travel service consisting of short term rental of houses, flats, rooms, beds, as well as places to set up tents or trailers and the provision, within the facility, of related services within the meaning of the Act on tourist services (Journal of Laws 2004.223.2268, consolidated text)
c) Cosmetic services, biological regeneration services, aesthetic medicine, anti-aging and other beauty and health-related services
- Service provided electronically - a service provided without the simultaneous presence of the parties (at a distance), through the transmission of data on an individual request of a recipient, transmitted and received using devices for electronic processing, including digital compression and data storage, which is entirely sent, received or transmitted with the help of a telecommunications network within the meaning of the Act - Telecommunications Law.
- Site User – anyone can use the Site as an information service; anyone who has a device with a web browser and access to the Internet and who goes to one of the following domains: Tourmedica.pl, Tourmedica.co.uk, Tourmedica.de, Tourmedica.ru. The other Services can only be accessed by a User who is an adult having full legal capacity, capable of giving consent for health care services and incurred liabilities.
§3 Site, i.e. the contents of the Tourmedica site
- The information contained on the Site is not a substitute for professional medical advice, diagnosis or treatment. All publications included on the Site are for information purposes only. A User of the Site under any circumstances cannot disregard medical advice or delay seeking medical advice because of information available on the Site or obtained in connection with the Services provided by the Service Provider.
- The Service Provider does not recommend nor endorse any specific examinations, tests, physicians, medical procedures, opinions or other information contained on the Site. Information: "In the opinion of Tourmedica - we recommend!" posted by the description of a doctor means that the Service Provider confirms the existence of the activities of the doctor, without any assessment of the services provided by this doctor.
- The Service Provider is not responsible for a User's decision to make use of specific Partner's services (e.g. a doctor, a medical centre, a spa & wellness centre).
- The Service Provider shall make every effort to ensure that the information contained on the Site is current. In case of any doubt about the information contained on the Site, a User should contact a Partner in whose services they are interested directly. A User can seek further information from Infoline consultants, use our contact form or online chat.
§4 Legal basis
- Services rendered electronically are based on the following legislation:
a) Act on the provision of services by electronic means
b) Act on consumer rights
c) Civil Code
d) These Terms of service, specifying in particular:
- the types and range of services provided
- conditions for the provision of services by electronic means
- conditions for contract conclusion and termination
- the complaints procedure
Conditions for using the Site
§5 Registration process and conditions for using the Site
- The conditions for using the Site are:
- having an active e-mail account, in the case of Registering Users.
- acceptance of these Terms of service and giving consent for personal data processing to the extent necessary to provide Services.
- Use of the Site is free, excluding "Vouchers" and "Payment plans" Services.
- The Site enables Users to familiarize themselves with these Terms of service without starting the Registration procedure. The most current version of the Terms of service can be found at https://www.tourmedica.pl/regulamin/ . A User can download and save these Terms of service in the form of a PDF file as well as print it.
- The Registration process on the Site involves creating an individual Account for a User, which allows management of data submitted to the Service Provider and use of all services available on the Site. The full Registration process requires the following data necessary for providing Services, due to their specificity:
- name and surname
- PESEL (Polish citizen personal identification) number
- e-mail address
- city of residence
- During the Registration process or filling out the Contact form, the User must fill in the fields marked with an asterisk (*). Refusal to provide the data referred to in paragraph 4 pts. a-g may result in the denial of providing Services by the Service Provider and Partners due to the type of Services concerned.
Example: refusal to provide contact information (phone/email) makes the "Make an appointment" service unavailable. Refusal to provide the PESEL (Polish citizen personal identification number) makes it impossible to verify a User's identity and to ensure the User has only one account.
Refusal to fill in the fields marked with an asterisk (*) is equivalent to lack of User Registration and inability to use the Account.
- Consent for personal data processing referred to in paragraph 4 points a-g is done by ticking the box on the Contact form: "I give my consent for processing my personal data".
- In the case of Registration by telephone through the Infoline, consent for personal data processing is given orally, by accepting the consultant's statement, which reads "I hereby authorize you to process my personal data, including sensitive data on health status and communicating this information to the doctor or service provider selected by me, necessary for service provision by Tourmedica Sp. z o.o located in Lodz, on the terms specified in the regulations for providing e-services".
- Optionally, a User can add sensitive data on their health status, images they want to send to a selected doctor, test results, etc. Sending personal data containing information about health status is not required. The User can use the "Ask a question", "Make an appointment", and "Vouchers" services without having to enter personal data on health status. Providing data pertaining to health status via the contact form, to consultants via Infoline or Online chat, or as a Comment or Opinion is regarded by the Service Provider as voluntarily provided information on the User's health status within the meaning of article 27 paragraph 2 point 8 of the Personal Data Protection Act. If a User has any concerns about providing any sensitive data concerning their health status via the User Account, they should stop providing it and provide health information, test results, photos and other materials to the physician in person during the appointment made via the "Make an appointment" Service. If a User provides data pertaining to health status, they will be processed on the basis of article 27 paragraph 2 point 7 of the Personal Data Protection Act.
- The User is required to provide complete and accurate data during Registration. The Service Provider is not liable for false data provided by the User. Providing false data or data belonging to a third party provides the basis for termination of the Contract between the Service Provider and the User.
- Upon completion of proper Registration, the Service provider creates a User Account on the Site.
- The User is obliged to update any information contained in their Account, entered during the Registration process. Updates should be made using the appropriate form available on the Site after logging into the Account. The Service Provider is not liable for improper performance of the Services in the absence of data updates by the User, for example, by providing on the User Account an outdated phone number.
- A User is allowed to have only one Account.
- The User agrees not to make his Account available other Users or third parties.
- The Site Operator reserves the right to block or delete a User's Account if the User does not comply with the provisions of the Terms of service, provided data in the Registration Form that are inconsistent with the facts, acts in conflict with generally applicable laws or principles of social coexistence, or if the User's behaviour is deemed to be harmful by the Site Operator or other Users.
- A User can independently remove their Account at any time. The personal data of a User who removed their Account shall not be further processed by the Service Provider.
- A User can stop using the Site at any time by logging out of the Site.
- A User may not use the Site to advertise and promote business and private entities in any way, in particular those that provide medical, accommodation, tourism, and Spa & Wellness services.
- User Identity Verification in order to use the Site Services via the Internet is possible by securing the User Account with a password known only to the User.
- User Identity Verification in order to use the Site Services via the Infoline requires providing information selected by the Consultant from the data from the User Account, for example, the last three digits of the User's PESEL.
- The User using the Service by adding specific files, Comments, Opinions or any other content ensures that the User has in this respect all legal rights, in particular copyrights; that the User does not inflict harm on third parties by their actions; and that in light of the law, the User have the legal power to undertake such actions.
- The User, by adding on the Site any types of materials (particularly pictures) which are considered a piece of work within the meaning of the above Act, transfers to the Service Provider, from the moment of publication, the right of free of charge, irrevocable, unrestricted by time and territory use of the materials in question, in particular by their publication on the Site, recording, reproduction, publishing, saving to computer memory, wired or wireless broadcasting via sound or vision by a ground station, broadcasting via satellite, etc. Moreover, the User authorizes the Service Provider to use the above mentioned piece of work for promotional and advertising purposes. The User declares that they hold all the rights and appropriate consent, including from those whose images appear on the aforementioned materials, and authorizes the Service Provider to use them within the scope specified above.
- The Service Provider is not liable for inappropriate attachment of photographs or other documents by the User when filling the Contact Form.
- Any content published on the Site, including images, videos, databases, are owned by the Service Provider and may not be copied, distributed or modified by the User.
- The logo, graphic design and content of the Site are protected by copyright and industrial property rights.
§6 Contract conclusion and termination
- Conclusion of a Contract between the Service Provider and a User takes place upon successful activation of the User Account and upon providing the User with access to the Site's functionality.
- Conclusion of a Contract between the Service Provider and a User occurs at the moment the User receives an e-mail confirming Registration.
- Termination of a Contract between the Service Provider and a User occurs:
- Upon Account deletion by the User, which can take place at any time
- Upon processing by the Service Provider a request sent by the User via e-mail to delete the Account
- Upon deletion of the Account by the Service Provider for reasons specified in §5 point 14
- The Consumer may, within 14 days of receipt of the Registration confirmation email, terminate the Contract without giving a reason, by sending a withdrawal form to the Service Provider's e-mail, which the Consumer received along with the e-mail confirming the Registration. Termination of a Contract is not possible if the User within the period of withdrawal used a Partner's Services through one of the Service Provider's Services.
§7 Complaints and settling disputes
- The User has the right to submit a complaint in writing, by fax, telephone, electronically (e-mail) or in person (orally or in writing) at the headquarters of the Site Operator, i.e. at the address: ul. Piramowicza 11/13, 90-254 Lodz; e-mail: firstname.lastname@example.org. The content of the complaint must indicate a name, surname, mailing address or e-mail, reasons for the complaint, and the expected Service Provider's reaction (what the User wants).
- If the data or information provided in the complaint need to be supplemented, the Site Operator before dealing with the complaints shall ask the User to supplement them.
- Complaints are dealt with within 14 days from the date of receipt by the Site Operator of a complete notification of the complaint by sending in a manner chosen by the User (by letter or e-mail) information about how the complaint should be handled.
- Complaints about a Partner's Service will not be considered by the Service Provider and will be returned to the User. Partner Services may be advertised only on the principles determined by the Partners at contract conclusion with a Partner.
- Any disputes related to the Services of the Service Provider shall be considered by the appropriate court of general jurisdiction over the location of the Service Provider's headquarters.
- The applicable law is Polish law.
- The User can also use out of court means of redress through mediation. Detailed rules for access to those procedures and lists of mediators are available on the websites of District Courts.
§8 Site Security
- The User is obliged to securely store and not divulge to third parties their username and password, which would enable access to the Account and use of the Site
- The User is responsible for all operations carried out on the Site after logging in using their username and password. The Site Operator is not responsible for operations performed by third parties using the correct username and password.
- The User is obliged to regularly change their password, not less frequently than every 30 days, following these guidelines: a minimum length of 8 characters, including at least one uppercase letter, one number, and one special character.
- In case the User knows of a possibility of their password being known to third parties, the User is obliged to immediately notify the Site Operator by e-mail or Infoline.
- The Site Operator shall not be liable for any damages incurred by the User as a result of threats on the Internet, in particular resulting from the installation of malicious software or the acquisition of passwords by third parties.
- The Service Provider informs that the specific risks associated with the use of Services rendered electronically can include, among others, spam, malware, spyware, Internet worms, craking or phishing software, and others for which can be learned about in publicly available Internet materials by doing an Internet search, such as: "what is craking".
§9 Personal data processing
- The provisions of the Personal Data Protection Act of 29 August 1997 (Journal of Laws from 2002 No. 101, item 926) apply in connection with providing electronic services, unless the provisions of the Law on electronic services provide otherwise.
- During the Registration process, the User of the Site gives consent for personal data processing by the Service Provider and Site Operator: TourMedica.pl Sp. z o.o., located in Lodz, ul. Piramowicza 11/13.
- The realization of the "Ask a question" and "Make an appointment" Services requires User consent to send User personal data to a Partner. The User gives consent by checking the appropriate box during the Registration procedure or makes an oral declaration to an Infoline consultant.
- In order to be able to use the full functionality of the Site and to present the Services of Partners that are trustworthy and represent the highest quality, the User can optionally agree to send personal data provided to the Service Provider, including sensitive Partner data, and obtaining data from Partners whose services the User used about feedback on the scope and value of the Services.
- The User can give consent for personal data processing also for marketing purposes. No consent for data processing for marketing purposes does not result in an inability to Use the Site's Services.
- Providing personal data by the User is necessary for the proper realization of the Services by the Provider and Partners.
- The Service Provider may process the following User personal data necessary to establish and shape the content, make changes or terminate the legal relationship between them:
- User's first name and surname
- PESEL (Polish citizen personal identification) number or – if this number has not been assigned – passport number, identity card number or the number of another document confirming identity,
- registered address,
- mailing address, if different from the address referred to in point c,
- data used to verify the User's electronic signature,
- data on the User's health status, if they are provided by the User.
- The User shall have the right to access their personal data and the right to their correction or removal.
- Removal of a User's personal data, done at the User's request, makes it impossible to continue to provide Services, with the exception of Information services, and requires deleting the User Account along with all its contents. Regaining access to a deleted Account is not possible.
The Service Provider's services available on the Site
§10 Providing information services
- Information services is a free service provided electronically, offered through the Site; it consists of providing websites that allow Partners to present their services and Users to familiarize themselves with the Partners' offers as well as information on the available medical, accommodation, tourism, spa & wellness services in Poland. Information services do not require any input by the User, who can use it anonymously, regardless of age.
- The web browser the User uses can store so-called "cookies" on the User's computer or device. They allow website, such as Tourmedica.pl, to recognize repeat Users and facilitate access to our sites. Cookies do not damage computers or files. Cookies are used to offer information and services tailored to the individual needs and interests of the User. Cookies do not contain any personal data.
§11 "Make an appointment" service
- The "Make an appointment" service is a free service provided electronically or via telephone, involving making appointment for medical, cosmetic or accommodation services or other Service provided by a Partner, requiring creating an Account by the User, entering personal data, and the User having full legal capacity.
- The User indicates the preferred appointment date. If the date is available, the appointment is scheduled; and if the preferred date is unavailable, other dates are proposed to the User.
- Using this service requires sending User personal data to the Partner.
- The User gives consent for the Partner to send the Service Provider information about the nature and value of the Partner's Services that the User used. The User agrees to releases the Partner of the obligation of professional confidentiality, including doctor-patient confidentiality, in terms of the Partner sending information on Service type and value that the User used to the Service Provider.
§12 "Ask a question" service
- The "Ask a question" service is a free service provided electronically or via telephone, involving asking a question to a doctor or another Partner selected by the User, whose description and services are presented on the Site; requiring creating an Account by the User, entering personal data, and the User having full legal capacity.
- Questions to the selected doctor can be asked by phone or via the contact form on the Site.
- Questions are directed to the doctor via Service Provider's consultants.
- The answer to the question is sent to the User at the e-mail address provided during Account Registration.
§13 "Vouchers" service
- Medical or vacation vouchers are a document with a particular monetary value issued by the Service Provider. These vouchers enable the User to use the Services of a Partner within 12 months from the date indicated on the voucher.
- The voucher can be of any value specified by the User, corresponding to the amount paid by the User to the Service Provider's bank account indicated by the Service Provider.
- It is only possible to buy a voucher via the Internet through an order placed via the contact form at: https://www.tourmedica.pl/bony-medyczne/
- If necessary, it is possible to exchange medical vouchers for vacation vouchers and vice versa of the same value.
- A medical voucher becomes valid only when it is signed by a person authorized by the Service Provider.
- A voucher can only be used as payment (total or partial) for offers presented on the Site.
- If a User purchases a Service from a Partner with a total value lower than the voucher value, the price difference is not returned.
- If a User purchases a Service from a Partner with a total value higher than the voucher value, the User must pay the difference in price (cash or bank transfer).
- Total or partial exchange of the voucher for cash is not possible.
- Before the realization of a voucher, a User must contact a Tourmedica.pl consultant by calling telephone no. 22 417 40 00.
- If a voucher is lost, stolen, or missing in any other manner, a new one will not be issued.
- A medical voucher can be used as payment only by the person in whose name it has been issued. The User indicates the name of the person who will realize the voucher when purchasing the voucher. A Partner has the right to request documents proving the identity of the person realizing the voucher.
- Rights to the voucher cannot be transferred nor can the voucher be sold to a third party.
- If a User wants to purchase a voucher without providing a name, the User must pay a surcharge of 10% of the voucher value.
- A voucher does not constitute a security.
§14 Principles for publishing Opinions and Comments by Users
- The User has the ability to publish Comments and Opinions on the Site.
- Publishing an Opinion is only possible when the User has used a Partner's Service. Publication of an Opinion is preceded by filling in a questionnaire indicating the name of a Partner's Service and date when the User used the Partner's Service. The questionnaire is not visible to other Users.
- Comments and Opinions cannot contain profanity or obscene, racist, xenophobic content that in any way violates the personal rights of third parties.
- Comments and Opinions cannot be defamatory, insulting or constitute an act of unfair competition. In the case of publishing a Comment or Opinion that the entity who the entry pertains deems defamatory or abusive, the Site Operator, at the request of the entity, will provide data allowing the identification of the User.
- It is not defamatory to publish a complaint in order to protect public good.
- Comments and Opinions are a manifestation of the Users' subjective assessments, for which the Service Provider is not liable to third parties.
- Upon the publication of a Comment or Opinion by a User, the content becomes part of the Site, to which the Service Provider has exclusive rights, and the Users' rights are limited to the ability to modify or delete the Comment or Opinion.
Exclusion and limitation of liability
- The Service Provider is not liable for whether the User will be able to use a Partner's Service. A condition of using a medical Service is to obtain positive results of the control examination carried out by the Partner and the Partner's qualification of the User to a selected medical Service of a Partner. Partners' medical Services are realized on the basis of the provisions of the Act on health care activity and the Act on the professions of doctor and dentist.
- The Service Provider is not liable for the realization of a Partner's Service.
- Claims for non-performance or improper performance of a Partner's Service should be sent directly to the Partner.
- The Service Provider is not responsible for the accuracy and reliability of materials published at the request of Partners; however, the Service Provider does due diligence to ensure materials supplied by Partners include current and accurate information. In case of doubt as to the content of the Site relating to the description or prices of Partners' Services, a User should inform the Partner via e-mail email@example.com shared by the Service Provider.
- The Site Operator reserves the right to temporarily increase or decrease the functionality of the Site, due to necessary maintenance work or other unforeseen difficulties in the functioning or availability of the Site.
- The Site Operator reserves the right to make changes to these Terms of service. In the event of changes, Users are informed of this at first log-on to their Account and can either accept the new Terms of service or terminate the Contract by deleting their Account.
- The Site Operator informs about changes to the Terms of service on the Site. Changes shall enter into force on the date specified by the Site Operator, not be less than 7 days of making them available on the Site and notifying Users. The changes do not apply to services performed.
These Terms of service shall enter into force on 1 September 2015.