Rules of the MediClub Website

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Rules of the MediClub Website

These rules of the MediClub Website (hereinafter referred to as the “Rules”) set forth the rules for using the “MediClub” service provided by electronic means (“Electronic Service”) via the website available at www.mediclub.pl (hereinafter referred to as the “Website”). Before starting to use the Electronic Service, the User shall be able to read the current text of these Rules. The Rules have been made available at www.mediclub.pl in a way allowing their free downloading and saving on the User’s device in the PDF format.

TABLE OF CONTENTS

1. Definitions

2. General provisions

3. Rules for the provision of the Electronic Service

4. Technical activities making up the conclusion of an Electronic Service Contract

5. Using the Account and other components of the Electronic Service

6. Term of the Electronic Service Contract and deletion of the Account from the Website

7. Functionalities and interoperability of the Electronic Service

8. Complaint procedure and out-of-court dispute resolution mechanisms

9. Technical support

10. Amendments to the Rules and final provisions

1. Definitions

Website – the website available at www.mediclub.pl, where the Account can be registered to use the Electronic Service.
Provider – an entity specified in § 2 section 1 below.
Consumer – a consumer shall be understood to mean a User concluding a legal transaction with the Provider, for a purpose unrelated directly to his/her business or professional activity; provisions of the Rules pertaining to Consumers/Consumer shall also apply to a natural person concluding a contract related directly to his/her business activity, where the content of this contract indicates that it is not a professional activity for this person, especially taking into account the scope of business activities carried out by this person based on an entry in the Central Register and Information on Economic Activity.
Account – a part of the Website through which a registered and logged-in User can input and manage data, as well as obtain information about purchases made in the online store.
User Profile – a part of the User Account through which a registered and logged-in User can manage his/her data (including personal data), in particular modify data within the scope specified for the Account.
Rules – these Rules made available in the form allowing their (free) saving and reproducing, as well as enabling the User to view them in selected place and time. The Rules set forth terms and conditions for the functioning and use of the Electronic Service. With respect to services provided by electronic means, these Rules are the rules referred to in Article 8 of the Act of 18 July 2002 on providing services by electronic means (Journal of Laws of 2002 No. 144, item 1204, as amended).
Electronic Service – the service provided by electronic means based on the Rules and through the Website, comprising components available to Registered Users (“Restricted Service”), as well as components available to Unregistered Users (“Free Service”). The Electronic Service include, inter alia, the possibility to use the Account, User Profile, as well as the possibility to conclude a paid Contract as a logged-in User on websites of online stores.
Goods – a product sold by an online store, in detail described in the Product Card.
Service – a product sold by an online store, in detail described in the Product Card.
Electronic Service Contract – a contract for the provision of services by electronic means (as part of the free or restricted Service) concluded – based on the Rules – by and between the Provider and the User at the moment specified in §4 of the Rules.
Paid Contract – a separate (from the Electronic Service Contract) contract concluded with the Seller, the content of which arises from the Online Store Rules.
User – an adult natural person (with full legal capacity), using the Electronic Service.
Registered User – a User who set up an account on the Website (also referred to as the MediClub member) and uses the Electronic Service as a logged-in User.
Unregistered User – a User using Free Service without setting up an Account on the Website.
Online Store/Online Stores – the online store operated by Medicover sp. z o.o. (Provider) or a Partner of Medicover (list of such stores is available at www.mediclub.pl).
Online Store Rules – a document specifying the rules for using an Online Store, including Order placement.
Order – a declaration confirming the intent to purchase goods or services in the Online Store expressed by adding the service or the goods to the cart and going to the next step – “Order and Pay.”
Seller – an entrepreneur offering its goods and services to Clients through the Online Store.
Medicover Partner – an entity included in the list (that may change) available at www.mediclub.pl, who cooperate with the Provider within the framework of the implementation of the Rules (the notion of the Medicover Partner includes both an internal Partner and an external Partner).
Internal Partner – an entity cooperating with the Provider with respect to the provision of medical services and products, inter alia, operating the Online Store.
External Partner – a partner of the Provider enabling the Users of the Provider to use the benefits unrelated to medical activities.
Benefits – benefits made available by the Provider to Registered Users (MediClub members) including, inter alia, rebates, special offers, discounts, etc. (the current list of benefits is available at: www.mediclub.pl).

2. General provisions

The Electronic Service shall be provided by Medicover – Medicover sp. z o.o., with its registered office in Warsaw, address: Al. Jerozolimskie 96, 00-807 Warszawa, tel.: +48 22 592 70 00, fax: +48 22 597 70 79, entered into the register of entrepreneurs kept by the District Court for the capital city of Warsaw, 12^thBusiness Department of the National Court Register, with the number KRS: 0000021314, Tax Identification Number (NIP): 525-15-77-627; hereinafter referred to as the “Provider.”
The Provider shall be the controller of data of the Users. Principles for the protection of privacy, including personal data, and use of Cookies by the Provider are described in the privacy policy, available at: www.mediclub.pl.
It is possible to contact the Provider in a fast and effective way by calling the telephone number 500 900 550, available on weekdays, from 8 to 16 hours, and via e-mail, at mediclub@mediclub.pl. In the case of telephone contact, the call costs shall be consistent with the particular rate plan, but shall not exceed standard outgoing call costs.
The Provider shall provide the Electronic Service in accordance with these Rules and provisions of the binding universal legal regulations, including the Act on providing services by electronic means.
Using the Electronic Service through the Account shall be free of charge. Principles for payment for the Paid Contract are specified in the Online Store Rules. A party to the Paid Contract shall be a Seller within the meaning of the Online Store Rules.
Registration of the Account shall allow concluding the Paid Contract without the need to provide all personal data by the Registered User. In this case, the User authorises the Provider to make available his/her data to an entity operating the Online Store for the purposes of concluding the Paid Contract. Account registration on the MediClub Website shall not be a prerequisite for concluding the Paid Contract. The User may conclude the Paid Contract without setting up an Account on the Website (as an Unregistered User).
A Registered User placing an Order in the Online Store shall also receive Benefits. Benefits can be offered by the Provider itself or by a Partner of Medicover (Provider).
Information about the current Benefits shall be made available to the User on websites of online stores, as well as at www.mediclub.pl. The list of Benefits and Partners is subject to change – the User shall be notified separately of terms and conditions of using a particular Benefit including, inter alia, the time limit for using a particular Benefits, and about the party that offers the Benefit – the Provider or a Medicover Partner. The User shall also be notified whether any additional steps shall be taken or certain requirements fulfilled in order to use a particular Benefit.
Deleting the Account shall not mean losing Benefits with respect to already concluded Paid Contracts.
If the services subject to the Benefit are provided by a Medicover Partner (rather than the Provider), the Provider guarantees that the Benefit shall be made available (under a separate contract between the Medicover Partner and the User), but on terms specified at www.mediclub.pl. In particular, the Provider guarantees that the Paid Contract would be concluded for the price after discount (available to Registered Users) event if the Provider is not a party (as a Seller) to the Paid Contract.

3. Rules for the provision of the Electronic Service

The User can use the Electronic Service including viewing the content of the Website in accordance with the provisions of these Rules. The User shall be prohibited from providing content of unlawful character, which is in detail discussed below. Only an adult natural person with full legal capacity may use the Electronic Service.
The Electronic Service comprises:

a) viewing the Website content as an Unregistered User;

b) Account registration;

c) logging into the Account;

d) resetting the Account password;

e) viewing and changing the Account elements, including the User profile (within the scope specified for the User Account);

f) viewing the Website content as a Registered User;

g) the possibility to place an Order under a Paid Contract, as a Registered User, without the need to provide all the data during the purchase process;

h) the possibility to add (on the Account) details of other persons in order to facilitate placing Orders in the Online Store for these persons;

i) viewing the history and status of the Orders placed (on the Account);

j) the possibility to remove the Account (terminate the Contract for the Service provided by electronic means);

k) the possibility to receive notifications (via e-mail or text messages, notifications on the website or in the web browser – so-called Web Push notifications) on Benefits, as well as notifications aimed at improving the health care awareness.

3. Elements specified in section 2 letters a, b, c, d make up the Free Service.

4. Elements specified in section 2 letters e, f, g, h, I, jak make up the Restricted Service.

5. The Provider undertakes to provide – at least once each calendar month – information about selected Benefits to which the User is entitled.

6. The content provided as part of notifications aimed at improving the health care awareness cannot be considered the provision of medical services (e.g. advice taking into account the specific situation of the User), unless clearly specified otherwise.

4. Technical activities making up the conclusion of an Electronic Service Contract

In order to use the Electronic Service, it is necessary to have access to the Internet. True data shall be provided in the process of the Account registration, as well as use of the Electronic Service.
In order to use the Free Service, it is necessary to read the text of these Rules. Before starting to use the Free Service, the User shall be able to read the text of the Rules and to download them to his/her device (free of charge). The User shall be obliged to comply with provisions of the Rules.
Registration may take place:

a) “in a traditional way” – in order to register it is necessary to provide personal data including, inter alia, e-mail address, and it is necessary to set up a User password;

b) through an external authentication service (Google/Facebook) – in this case, the User shall register the Account by logging into an external provider – Google / Facebook by providing his/her login and password. The aforementioned option is available only to the Users, in the case of whom an e-mail address is a login for the external services.

Before concluding the Contract for the provision of the Restricted Service, the User shall approve the Rules and confirm reading the privacy policy (with an option to download both documents in the PDF format).
In both the aforementioned instances (referred to in section 4), after ticking the “register” box, an activation link will be sent to the User, to the e-mail address specified. The Contract for the provision of the Restricted Service (Electronic Service) shall be concluded upon ticking (clicking) the activation link sent to the e-mail address specified. The link shall remain valid for 24 hours, and after that period if the Account is not activated, in order to use a Restricted Service, the User will have to register the Account again. In case of non-receiving the aforementioned activation link, it is necessary to contact the Provider using the data specified in § 2 of the Rules.
Immediately after concluding the Electronic Service Contract (restricted, i.e. for Registered Users), the User will receive an e-mail message to the specified e-mail address with the confirmation of the approval of the Rules and conclusion of the Contract (including setting up an Account}, as well as terms of this Contract (Rules).
In order to register, the User must have an active e-mail account.
The e-mail address specified in the registration process identifies the User on the Website. Only one Account can be set up for the e-mail address provided.

5. Using the Account and other components of the Electronic Service

Using the Account shall depend on:

User registration;
logging into the Account.

Using the Electronic Service always involves typical risks related to using the Internet and online services. In particular, the access to the User Account should be protected by the sufficiently strong password. It is also necessary to protect an access to the e-mail box specified upon the Account registration, as this address is used for the purposes of the User authentication by the Provider (including sending legal content to the User, e.g. pertaining to the amendments to the Rules). The password should not be the same as or similar to the password to the specified e-mail box. Access to the e-mail box specified can also be needed to recover access to the Account. Information about methods for generating secure passwords, as well as their storage, can be found on the website of the Personal Data Protection Office: https://techinfo.uodo.gov.pl/hasla- praktyczne-wskazowki-czy-naprawde-trzeba-zmienic-haslo-co-30-dni/.
It shall be prohibited to enable other persons to access the Account (e.g. by making available the login and the password).
The Account password can be reset by entering the e-mail address provided during registration. A message allowing resetting the password shall be sent to this e-mail address. Password reset shall not apply to the User’s authentication through an external service (see § 4 of the Rules). In case of doubts in this respect, it is necessary to contact the Provider. This shall also apply to losing access to the account in the external authentication service (Google/Facebook) that was used to set up the Account.
Notifications regarding the use of the Account, as well as the status of Paid Contracts concluded shall be sent to the e-mail address provided by the User in the registration form.
The User shall be obliged to refrain from:

a) providing untrue personal data, both at the stage of the Account registration and later, when using the Account;

b) providing and publishing illegal, untrue content that violates personal rights of third parties protected by law, copyright and related rights, or using the Website for such purposes;

c) publishing advertising content, the dissemination of which is prohibited on the Internet;

d) copying, modifying, distributing, transmitting or otherwise using any elements of the Website and databases made available on the Website, except for their permitted use;

e) take any action that may hinder or disrupt the functioning of the Website;

f) enabling other persons to access the Account.

6. Term of the Electronic Service Contract and deletion of the Account from the Website

The Electronic Service Contract (restricted) shall be concluded by means of electronic communication and shall be valid for an indefinite period.
The User shall be entitled to terminate the Electronic Service Contract (restricted) at any time, by sending a relevant declaration by electronic means, to the e-mail address specified in §2 of the Rules or marking the relevant option on the Account. Within 72 hours, the Providers shall send the confirmation of ceasing the provision of the Electronic Service (to the address specified on the Account.
Termination of the Electronic Service Contract shall not affect the validity or effectiveness of the Paid Contract.
In the case of a breach of the Rules (due to fault of the User), the Provider shall be entitled to block the Account (until explaining the case, for no more than 30 days) or even terminate the Electronic Service Contract (delete the User Accounts) with immediate effect. Before terminating the contract, the request to cease breaches with the time limit of at least 7 days shall be sent, unless termination of the contract with immediate effect is necessary to ensure compliance of the service with binding universal legal regulations.
The Provider shall be authorised to block content or the Account in the case of receiving an official notification and reliable information about unlawful nature of data or related activities, and shall immediately block access to such data.
In the case of non-using the Account for at least 24 months, the Provider may terminate the Electronic Service Contract (restricted) with a one month notice period.
The Provider shall terminate the Electronic Service Contract (restricted) with a 30-day notice – in the case of the Website liquidation.
A declaration on termination of the Electronic Service Contract, on blocking the Account or blocking specific content posted by the User shall be sent to the e-mail address specified for the Account (provided during registration), together with the justification for this decision, unless the content or Account is blocked at the request of an authorized authority, and the regulations prohibit the provision of the aforementioned information.
Deleting the Account (ceasing to use of the Electronic Service) shall mean the loss of access to the materials made available on the Account (without losing the right to access own data in accordance with the provisions of the GDPR). Despite deleting the Account, the Provider can process personal data of the User including, inter alia, within the scope necessary for the purposes of the legitimate interests pursued by the Provider, i.e. for the establishment, exercise or defence of legal claims, as well as to fulfil public and legal obligations (e.g. tax obligations) – see the privacy policy at www.mediclub.pl.
Deletion of the Account by the User shall not exclude the possibility of re-registration by the same person, unless the Account has been deleted by the Provider due to the User’s fault, and the limitation period for claims due to the breach of the Electronic Service Contract has not yet expired.
The User who is a Consumer may withdraw from the Electronic Service Contract without giving any reason and without any costs within 14 days of the date of concluding the Contract. Regardless of this, the User may terminate the Contract at any time by deleting the Account in the aforementioned manner. In order to withdraw from the Contract, the User who is a Consumer should notify the Provider thereof before the expiry of the aforementioned time limit in the form of an explicit declaration, by e-mail or by phone, or by traditional correspondence. For the purposes of withdrawing from the Contract, the User may use the template of the contract withdrawal form attached below, but it is not obligatory (Appendix no. 1 below). In order to meet the time limit for withdrawing from the Contract, it shall be sufficient to send information on exercising the right to withdraw from the Contract before the expiry of the time limit for withdrawing from the Contract. The time limit for withdrawing from the Contract shall expire after 14 days of the date of concluding the Electronic Service Contract. In the case of withdrawing from the Contract, the Contract shall be considered annulled, and all performances of the parties shall be returned (if provided). Withdrawal from the Electronic Service Contract shall not affect the Contract on the use of the Benefit concluded with its provider and shall not affect the Paid Contract.

7. Functionalities and interoperability of the Electronic Service

In order to use the Electronic Service on the Website, the operating system of the User shall satisfy the following minimum technical requirements: access to the Internet and an Internet browser, such as: Google Chrome, Mozilla Firefox, Microsoft Edge, Opera or Safari, in an up-to-date version.

8. Complaint procedure and out-of-court dispute resolution mechanisms

The Provider shall be liable – towards the User – under civil law for a breach of the Electronic Service Contract (its non-performance or improper performance). Liability principles in the case of the Paid Contract (including for providing a defective item) are specified in the Online Store Rules. In the case of Benefits provided by Medicover Partners, the selected Partners shall define the rules for using these Benefits under separate contracts concluded with Users of Benefits provided by external Partners. This shall not limit the Provider’s liability just for granting the Benefit (e.g. a price discount for Users).
Complaints can be filed by the User to the following addresses:

e-mail: mediclub@mediclub.pl.
traditional post: Medicover sp. z o.o. „MediClub” Al. Jerozolimskie 96 00-807 Warszawa.

The Provider shall examine the complaint and notify the User thereof immediately, no later than within 30 days. In the case of Users who are Consumers, if the Provider fails to respond to the complaint within the time limit referred to in the previous sentence, the complaint shall be considered accepted. The answer to the complaint shall be provided by the Provider to the User who is a Consumer on paper or another durable medium.
In order to expedite the complaint examination process, the complaint should contain a description of the reason for the complaint and data allowing identifying the User. However, in the case of Users who are Consumers, this is not a requirement, and the complaint will be examined even without these elements.
The aforementioned provisions pertaining to complaints do not prohibit the User from pursuing his/her rights in accordance with applicable law, including in court proceedings or with the application of out-of-court dispute resolution mechanisms, as described below.
Detailed information on the possibility for an individual User who is a Consumer (within the meaning of binding universal legal regulations, including the Civil Code) of having recourse to an out-of-court complaint and redress mechanism and the rules of access to these mechanisms are available at the offices and on the websites of poviat (municipal ) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Voivodeship Inspectorates of the Trade Inspection and at the following internet addresses of the Office of Competition and Consumer Protection:

a) http://www.uokik.gov.pl/spory php;

b) http://www.uokik.gov.pl/sprawy php;

c) http://www.uokik.gov.pl/wazne php.

An individual User who is a Consumer may obtain free assistance in resolving a dispute, including by using the free assistance of a poviat (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (such as the Consumer Federation, Association of Polish Consumers). Advice shall be provided by the Consumer Federation, via a free consumer Infoline, at 800 007 707, and by the Polish Consumers Association at the e-mail address: porady@dlakonsumentow.pl.
An individual user has the possibility of having recourse to out-of-court complaint and redress mechanisms in accordance with the rules set out on the website www.uokik.gov.pl in the “consumer dispute resolution” tab and using the online dispute resolution platform available at http://ec. europa.eu/consumers/odr/ in accordance with Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR).

9. Technical support

The Provider shall be entitled to a temporary break in the provision of the Service related to making technical changes to the Website (hereinafter referred to as the “Technical Break”). A single Technical Break cannot exceed 24 hours. The Provider shall endeavour to ensure that Technical Breaks take place at night and last as short as possible.

10. Amendments to the Rules and final provisions

The Provider reserves the right to amend these Rules for important reasons specified below:

a) the Rules must be amended as a result of amendments to binding universal legal regulations that directly affect the content of the Rules – in this scope, respectively;

b) amendments for security reasons, including those aimed at preventing the use of the service in a manner inconsistent with the law;

c) introduction of major changes in the functioning of the Website, including those related to technical or technological progress, including changes in the Provider’s systems;

d) improving the transparency of the provisions of the Rules;

e) changes to the functionality, interoperability and other performance characteristics of the supplied digital content, such as: availability, continuity of delivery and security to the extent that these changes have a negative impact on access to or use of digital content.

2. The Rules, including the amendments made in accordance with the preceding section, shall be made available to Users (who have an Account) on a durable medium (to the e-mail address specified for the Account) 14 days in advance, giving the possibility of terminating the Contract in the manner specified in § 6 of the Rules.

3. Amendments to the Rules shall not apply to Paid Contracts.

4. Amendments to the Rules shall not be required in the case of modifications to the Website that do not limit the rights or increase the User’s obligations, and involve:

technical changes related to increasing the level of security (in accordance with regulations on the protection of personal data) and the level of functionality (including correcting errors);
changes increasing the scope (e.g. additional Benefits) of the elements of the Electronic Service.

Matters not regulated in the aforementioned Rules shall be governed by binding universal legal regulations.
The Electronic Service Contract shall be concluded in the Polish language.
No provision of the Rules may be understood as excluding or limiting the rights of Consumers.
The Rules shall be effective as of 14 July 2022.

Appendix no. 1
Contract Withdrawal Form (if applicable)

This form shall be filled in and sent back only in case of the intent to withdraw from the Contract.

Addressee:

Medicover Sp. z o.o., with its registered office in Warsaw, address: Al. Jerozolimskie 96, 00-807 Warszawa, tel.: 48 22 592 70 00, fax: 48 22 597 70 79, entered into the register of entrepreneurs kept by the District Court for the capital city of Warsaw, 12^th Business Department of the National Court Register, with the number KRS: 0000021314, Tax Identification Number (NIP): 525-15-77-627.

Declaration of withdrawal (sample text):

I hereby would like to inform you about my withdrawal from the Contract for the provision of the following electronic service (Account on the MediClub website).

Full name of the Customer ........................................................................

Address of the Consumer (including electronic address)..............................

Date of concluding the Contract ................................................................

Signature of the Consumer (only if the form is sent in hard copy)..................

Date.........................................................................................................

Download Rules of the MediClub Website