§1. GENERAL PROVISIONS

These HaloDoctor Terms and Conditions apply to services provided by BioStat Sp. z o.o. through the HaloDoctor website, available at www.halodoctor.pl.

Before using the Website, the User is required to read the provisions of these Terms and Conditions.
Using the Website constitutes full acceptance of these Terms and Conditions. If the User does not accept the provisions of the Terms and Conditions, they should immediately discontinue use of the Website.

Definitions:

Registration Form – the online appointment calendar of the healthcare provider (form) available on the Website, enabling the use of the Services.

HaloDoctor Terms and Conditions – these HaloDoctor Terms and Conditions, made available free of charge through the website www.halodoctor.pl in a form that allows for downloading, saving, and printing, so that the provisions of the HaloDoctor Terms and Conditions can be freely reviewed before accepting them.

Website – the website operated by the Administrator under the domain www.halodoctor.pl.

User – a natural person using the Health Services provided by a Health Service Provider via the Website. Health Service Provider – a healthcare entity performing activities in the field of healthcare services, providing healthcare, medical, or paramedical services (in particular a clinic, doctor or nurse, physiotherapist, rehabilitation therapist, and other specialists) based on and in accordance with generally applicable laws, including in particular the Act of April 15, 2011, on Medical Activity.

Administrator – BioStat sp. z o.o., ul. Kowalczyka 17, 44-206 Rybnik, NIP: 6423125404, REGON: 241544443, entered into the National Court Register by the District Court in Gliwice, 10th Commercial Division of the National Court Register, under KRS number: 0000351860, e-mail: [email protected], telephone number: (+48) 32 42 21 707, fax number: (+48) 32 44 08 564. The Administrator does not provide Health Services, and is not an entity performing any activities in the field of health services, providing health, medical, or paramedical services. The Administrator merely acts as an intermediary in communication between the User and the Health Service Provider. Service Available on the Website – a service provided through the Administrator, consisting of making available schedules (a calendar of available appointments) of Health Services provided by Health Service Providers available through the Website. Through the Website, the User has the ability to (depending on the scope of Health Services provided by a given Health Service Provider), among other things:
Check available appointments in the schedule of a selected Health Service Provider's physician,
Book an appointment with a selected Health Service Provider's physician,
Access information about a selected physician (descriptions) or Health Service Provider,
Search for Health Service Providers (or physicians) according to a selected search criterion.

Health Service – a service provided by a Health Service Provider, consisting of health services provided by a Health Service Provider. for the User, carried out remotely - without direct examination of the User, provided by means of a transmission that is entirely broadcast, received or transmitted via ICT systems or communication systems, in the form of a video consultation, i.e. an audiovisual transmission between the User and the Healthcare Service Provider via the Website, under the terms and conditions set out in these Regulations.

§2. TERMS OF USE OF THE SERVICE

The User is obligated to use the Website in accordance with applicable law, principles of social coexistence, good manners, and these Terms and Conditions.

Every User's action should be taken with respect for the rights of third parties, especially other Users using the Website.

The User is obligated to provide truthful, accurate data in the Registration Form and to protect it from unauthorized access.

Any attempt to introduce harmful data into the IT system (malware, including viruses, spyware, "worms," ​​etc.) is prohibited.

Access to the Website is possible on a computer or mobile device that meets the following technical requirements:
One of the following browsers or newer versions should be used:

• Microsoft Edge,
• Chrome - from version 21,
• Mozilla Firefox - from version 28,
• Opera - from version 12.1,
• Safari - from version 6.1.

The following support must be enabled:

Cookies - for storing user sessions,

JavaScript - required for the proper display and functioning of the application interface.

The operating system running the web browsers listed above does not affect the operation of the application, as long as points 1 and 2 are met. Tested operating systems are or newer:

• Windows XP, 7, 8, and 10,
• Mac OS X,
• Debian 7, 8, and 9,
• Ubuntu 16 and 17,
• Linux Mint.

Minimum hardware requirements are as follows:

• Pentium 4 processor or newer supporting SSE2 (all modern processors),
• 512MB of RAM for 32-bit systems and 2GB of RAM for 64-bit systems,
• minimum 200MB of free disk space for storing temporary data and cookies.
• Persistent internet connection

The content contained on the Website is intended to enhance, not replace, the relationship between the Website User and their physician. The Website is for informational and educational purposes only. Before using any advice regarding specialist knowledge, particularly medical advice, contained on the Website, it is essential to consult a physician. The Administrator assumes no responsibility for any consequences arising from the use of the information contained on the Website.

§3. RULES OF USE OF THE SERVICE

By registering with a selected Healthcare Provider, the User confirms that they have read the Website's Terms and Conditions and are familiar with the terms of use.

By using the Website, the User may enter into a contract with the Healthcare Provider with whom they make a reservation through the Administrator. The Administrator acts solely as an intermediary between the User and the Healthcare Provider, transmitting relevant information regarding the Healthcare Service to the appropriate Healthcare Provider through the Website and sending the User an email confirming the reservation on behalf of that Healthcare Provider. The Administrator does not provide Healthcare Services. The Administrator reserves the right to vary the scope of the Health Service Provider's collaboration with the Website. The scope of data displayed and the healthcare services provided by the Health Service Provider may vary:

Medical Service Providers may provide Physician data, Physician specialties, locations where they accept patients, Physician Calendars, and the ability to book an appointment through the Website, or Medical Service Providers may provide Physician data, including Physician specialties, locations where they accept patients, Physician Calendars, and data based on which the User can book an appointment.

The Website displays data on available appointments from medical software, as configured by the specific Health Service Provider.

The Health Service Provider may decide that the ability to make a Booking is contingent on a deposit, representing part or all of the fee for the booked Appointment. Detailed information in this regard can be found in the General Terms and Conditions of Service of the relevant Health Service Provider, which are published on the Website. The deposit is paid solely to the account of the Medical Service Provider. The Website Administrator is not a party to the contract concluded between the Medical Service Provider and the User. The Medical Service Provider may provide the option of booking an appointment via telehealth visit in the Appointment Schedule.

§4. FEES

The Service Provider does not charge any fees to Users. All fees are paid to the Healthcare Provider by third-party payment service providers. The Service Provider is not responsible for any payments or settlements between the User and the Healthcare Provider.

§5. DISCLAIMER OF LIABILITY

The Administrator is not responsible for the content of the information contained in individual Health Services. Each Health Service Provider remains responsible at all times for the accuracy, completeness, and correctness of the information (including prices/fees, terms and conditions, and availability) displayed on the Website. The Website does not constitute, and should not be considered, a recommendation or indication of the quality, level of service, rating, or options for Health Services.

The Administrator is not responsible for the content of the User's correspondence with the Health Service Provider on and through its Website.

The Administrator does not provide Health Services and is therefore not responsible for the quality of Health Services provided via the Website by Health Service Providers. The Health Service Provider is responsible for the quality of Health Services.

The Administrator is not responsible for the inability to provide the Health Service due to reasons attributable to the Health Service Provider.

The Administrator shall not be liable for interruptions in the provision of Services resulting from reasons beyond its control, in particular those constituting force majeure (fires, floods, natural or meteorological disasters, etc.).

The Administrator is not responsible for the inability to provide the Health Service via the Website due to reasons attributable to the Health Service Provider.

The User has the right to report errors, malfunctions, and other comments regarding the operation of the Website to the Website Administrator, which may improve its quality and functionality, by email to [email protected]. The Administrator is not responsible for the quality of the healthcare services provided by the Provider, nor for any settlements between the User and the Provider. All comments and complaints regarding the service should be directed directly to the Provider.

§6. PERSONAL DATA PROTECTION

By completing the Registration Form, the User will be asked to consent to the processing of his or her personal data in accordance with the Act of 10 May 2018 (Journal of Laws of 2018, item 1000), hereinafter referred to as the "Act" and in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation - hereinafter referred to as "GDPR"). The controller of the User's personal data is the Administrator - BioStat Sp. z o.o., address: 44-206 Rybnik, ul. Kowalczyka 17, entered into the register of entrepreneurs maintained by the District Court in Gliwice, Division X. Commercial company under the KRS number 0000351860, telephone number (+48) 22 12 28 025, e-mail address: [email protected]. The Administrator has appointed a Personal Data Inspector who can be contacted by e-mail using the e-mail address: [email protected] or by traditional mail to the following address: ul. Kowalczyka 17, 44-206 Rybnik.

The Controller has appointed a Personal Data Inspector who can be contacted by e-mail at the following address: [email protected] or by traditional mail to the following address: ul. Kowalczyka 17, 44-206 Rybnik.

The User's personal data are processed on the basis of and for the purpose of implementing the contract for the provision of Services referred to in these Regulations.

The scope of data collected by the Administrator includes: name and surname, e-mail address, telephone number, date and type of visit.

Users' personal data will be transferred to the Healthcare Provider. The transferred personal data may be visible not only to the Healthcare Provider but also to individuals working for the Healthcare Provider. The Administrator is not responsible for how Healthcare Providers use Users' personal data provided to them by the Administrator.

The Administrator will retain the User's personal data for the duration of the Service provision after its termination, until all obligations related to the provision of the Services have been fulfilled. The User has the right to request access to their personal data from the Administrator, rectification, erasure, restriction of processing, objection to processing (in the cases specified in the regulations), as well as the right to data portability, withdrawal of consent to data processing by the Administrator at any time (in the event of withdrawal of consent to data processing, the Administrator will not be able to perform the obligations arising from the contract), and the right to lodge a complaint with the supervisory authority, the President of the Office for Personal Data Protection. Providing personal data by the User is voluntary, and failure to provide it will prevent the provision of the Services. The Administrator will not profile the User's personal data.

Detailed information on the protection of the User's personal data can be found in the Privacy Policy of the Website https://www.halodoctor.pl/polityka-prywatnosci-cookies.

§7. FINAL PROVISIONS

The Administrator reserves the right to introduce restrictions on the use of the Website due to technical maintenance, or work to improve its functionality. The Administrator undertakes to make every effort to ensure that such interruptions occur at night and are as short as possible.

The Administrator reserves the right to change the Terms and Conditions. Users may terminate their use of the Website if they do not accept the terms of the amended Terms and Conditions.

The Administrator will announce planned changes to the Terms and Conditions on the Website in advance. Changes will take effect no earlier than two days after their announcement.

The Administrator reserves the right to issue warnings to any User who, despite prior warnings, violates the provisions of these Regulations, hinders the use of the Website by other entities or violates the provisions of generally applicable Polish law.

The Website Administrator allows Users to post comments. Comments posted by Users must not violate the law, personal rights, or the principles of social coexistence. In particular, it is prohibited to use profanity, obscene, or offensive words or phrases in comments and opinions, accuse someone of committing a crime, or incite violence or racial, religious, or ethnic hatred, etc. The Website Administrator has the right to refuse to publish comments and to delete already published comments if they violate these Terms and Conditions or the law. If comments are deleted, the User has no right to make any claims against the Website Administrator.

Any disputes between the Administrator and the User will be resolved amicably.

If the dispute is not resolved amicably, the competent court is the court with territorial and material jurisdiction over the seat of the Administrator.

In matters not regulated by these Regulations, the provisions of generally applicable Polish law shall apply.

These Regulations are effective from March 13, 2020.