Regulations of the Trendmed Website for Patients

The use of this Web site is free.

The Regulations constitute the grounds for the Agreement executed by the Patient/Customer with the Administrator of the www.trendmed.eu Website, whereby the Website Administrator provides the Patient/Customer with an access to a great variety of medical and paramedical services provided by the Service Providers (partners of the www.trendmed.eu Website) under the terms and conditions agreed by the Patient/Customer directly with the Service Provider.---

The Administrator of the www.trendmed.eu Website is not a party to agreements and/or contracts executed by the Patients with the Website’s Partners; it shall not be also held liable for their performance.---

I. Definitions

In the Regulations, the following terms and definitions shall have the meaning ascribed to them below:

Administrator of the
www.trendmed.eu Website
shall mean Trendmed  sp. z o.o., with its registered office in Gdynia, at ul. Redłowska 50A/8, entered into the National Court Register (KRS), under KRS file number KRS 0000414481, with the share capital of PLN 5000, NIP: 5862276429, REGON: 221630081, being an owner of the online Website in the following language versions: Polish, English, German, used to search for professional services and treatments offered by medical clinics, hospitals, beauty parlours, spa and wellness facilities, sanatoria in Poland, etc.

Regulations shall mean this document, in its current version, which is available at www.trendmed.eu

www.trendmed.eu
Website
shall mean the Website which provides a patent with an access to a great variety of medical and paramedical services which are performed by the Service Providers (the Website’s Partners), under the terms and conditions agreed by the Partner, directly with the Service Provider, maintained by the Administrator and made available at a primary domain: www.trendmed.eu; the Website is mainly addressed to the citizens of Europe. The objective of the Website is to present, in a structured manner, the list of health facilities, i.e. hospitals, clinics, private establishments, spa and wellness facilities, and sanatoria in Poland, and to make a reservation of a specific service or treatment at a selected facility and within a specific timeframe, as well as to pay a reservation deposit. The Website is mainly promoted in Western Europe.

User/ Patient/ Customer
shall mean a natural or legal person at the age over 18, holding a capacity to be a party to legal actions, within the meaning of the Polish Civil Code, that uses the Website after entering the login (the Patient/Customer), or without entering the login (the User). 

Service Provider/
Website’s Partner shall mean an entity which conducts a medical clinic, hospital, beauty parlour, spa and wellness facilities, sanatoria, laboratories, etc., whose data and list of the services offered thereby, including a description, advertising, price, shall be made available at the Website, in particular:
1) the medical services (at hospitals, clinics, establishments, sanatoria or any other facilities);
2) the services performed by medical doctors and dentists referred to in the Act on the Profession of the Medical Doctor, the Dentist, the Physiotherapists, the Nurse and the Midwife, paramedical professions, beauticians’ professions or  cosmetologist;
3) the services, treatments at sanatoria, spa and wellness facilities and therapeutic facilities;
4) the services related to the promotion of health, looks and physical condition;
5) the cosmetic, hair-dresser’s services, the services which involve beauty care;
6) the services of laboratory diagnostics.
Services for User/ Patient  shall mean the services performed by the Website Administrator through the www.trendemd.eu Website, in favour of the Patient, which include in particular:
1) the access to the databases of the Website which include the contents constituting an offer, the information about performed services, the advice on the fields related to medicine and health issues, and related to these areas,
a possibility to publish the information about the dates available at the Service Provider to ensure the reservation of a service/treatment by the Patient/ Customer and a possibility to communicate via e-mail with the Patient/ Customer and the Administrator;
2) a possibility to pay, when making the reservation of a date of a service/treatment by the Patient/Customer, a reservation deposit in the amount of EUR 100 through the account of the System Administrator with the operator of on-line financial services; after the System Administrator’s deducting 20% handling fees, the deposit shall be transferred to the account of the Service Provider within 7 days from the date of payment.
In the case of resignation within the time not to exceed 14 days prior to the reserved date of a service, the Service Provider can retain the reservation deposit obtained for this reservation.
3) the Patient’s possibility to log-in, search through the databases of services, treatments, Service Providers, hotels, flight connections and to reserve the date of a service, pay the reservation deposit (if the Service Provider has marked this requirement in its offer), communicate via e-mail with the Service Provider and the Website Administrator, a possibility to add the evaluation – comments concerning the Service Provider (after taking advantage of its service), to participate in promotions, a possibility to read promotional articles, tourist information, opinions of other Patients/Customers concerning the services performed by specific Service Providers.

Disclaimer: The Administrator does not perform services, provide advice, medical diagnosis, and it does not offer services of specific Service Providers; the Administrator does not act as a party to a legal relation between the Patent and the Service Provider. The Administrator does not verify or certify any information delivered by the Service Providers or entities which co-operate with the Administrator. The Administrator does not guarantee the legitimacy of the  performed services or deemed to be performed by the Service Providers, or its compliance with the state of the art. The Patient (even if he is not logged-in), uses the Services at his own risk and liability. The Administrator shall not be held liable for the performance of the service or its inappropriate quality. The Administrator suggests reading specific terms and conditions applicable to the services performed by the Service Provider and taking an appropriate insurance cover.

II.  PERFORMANCE OF SERVICES
1. The Services is accessible by all the Patients, without a need to follow the registration procedure. The Patient can fully use the Website only with a PC, Mac or similar computer connected to the Internet, equipped with the operational system (e.g. Linux, Mac OS, Windows, or similar), and a web browser  (e.g. Firefox, Opera, Safari, or similar).---
2. The Website’s Patient shall, when using the Website, comply with the Polish laws and these Regulations, and the Patient hereby confirms that he has read its description, terms and conditions and the regulations for the performance of the services by the Administrator and he also hereby accepts all the provisions of the Regulations as valid and binding.---
3. After the registration, the Patient shall obtain, at the e-mail address indicated in the registration form, the information containing the activation link. In order to activate the account and acquire a full access to the Services, the Patient shall open the activation link through a web browser.---
4. The User is registered with the Website, and the Patient’s/Customer’s account is created, through completing a registration form which is made available on one of the Website’s sub-pages.---
5. The Patient/Customer may resign from the reserved service/treatment, without stating any reason therefor or incurring any costs, within 14 days prior to the reserved date, through a resignation notification sent via e-mail to the System Administrator and a relevant Service Provider. Any other forms of notification are not considered effective and binding.---
6. In the case of resignation from the reserved service/treatment (and after paying a 100 EUR reservation deposit), within the timeframe up to 14 days prior to the date of the reserved service/treatment, the Patient/Customer shall be reimbursed with the deposit, to the bank account from which it has been paid, within 14 days, to be deducted by the handling fee in the amount of 20% of the reservation deposit.---
7. The User shall use the Website in the manner which complies with these Regulations, applicable laws, general terms and conditions to use the Internet and a purpose to create the Website, and, in particular, in the manner which does not violate any rights of third parties, as well as the rights and interests of the Website Administrator.---
8. The Administrator hereby prohibits, in particular, from:---
a) distributing and/or publishing at the Website any commercial information (the so-called spam), agitating, soliciting or breaking into the Website system;---
b) registering with the Website on a multiple basis;---
c) making the account available to other Service Providers/ registered Users, or using the accounts of other Service Providers/ registered Users;---
d) using the Website for commercial purpose and/or download opinions and comments of the Users and Service Providers through automated software;---
e) using vulgar language and phrases which can, in any manner whatsoever, violate somebody else’s dignity or reproducing any unchecked/untrue information concerning the Service Providers or the Administrator, using any addresses or telephone numbers, comments being of irrelevance to the website viewers, using capital letters or an HTML language, supporting competitions, pyramid projects or other, and, in particular, from undertaking any activity which is not directly related to the services performed by the Service Provider;---
f) insulting other persons or entities/institutions;---
g) promoting any other websites;---
h) publishing any pornographic materials;---
i) violating generally acceptable principles of good manners and appropriate conduct (the collection of commonly accepted standards, not codified in any official manner, which determine cultured principles to use the Internet);---
j) publishing, on a multiple basis, the same photos, contents or any other elements at the Website.---
In the case of reporting any of the above specified activities, the Website Administrator may remove the account of this User/Patient/Service Provider and undertake any and all legal remedies to cover relevant damage. In particular, the Administrator is authorised to disclose all the data possessed thereby to the aggrieved parties and institutions whose activity consists in dealing with the above specified types of conduct.---
9. The registered Patient may send his data or inquiries, reserve services, participate in promotions, write comments and evaluate the Service Providers (after using their services).---
10. The Website Administrator can remove/change the data and information entered by the Patient, without a need to notify him of this fact, if it is notified, for example, about:---
a) the data or information incompliance with laws or good customs;---
b) the untruthfulness, falseness, misleading other Users or Service Providers, with the use of these data  or information;---
c) going beyond the professional practice of the Service Provider and its confirmed competencies;---
d) the performance or attempts to perform, through the Website, medical, health, cosmetic services, which involve, in particular, remote diagnosis of sick persons, sale of medical preparations, pharmaceuticals and other;---
e) the disclosure of personal data to unauthorised entities.---
11. In addition, in the circumstances specified hereinabove, the Website Administrator can:---
a) block the account of the registered User/Service Provider;---
b) remove the account of the registered User/Service Provider, or---
c) block a possibility to send or publish, by the registered User/Service provider, the information or data on the Website;---
d) block, publish and add comments on the Website.---
12. The User can, at any time whatsoever, resign from the use of the Website, upon prior provision of the Website Administrator with relevant information, at: kontakt@trendmed.eu.---
13. The User/Patient, who has been deprived of a right to use the Website, shall not re-register with the Website, without obtaining a prior separate consent of the Website Administrator.---
14. All the works published on the Website constitute the subject of the copyright of the Website Administrator, entities which co-operating therewith, or any third parties, and shall be subject to the protection under the Act on Copyright and Neighbouring Rights. The User/Patient may use the disseminated works only in the manner which complies with their designation. The using, copying, reproducing, disseminating, preparing or processing, in any manner whatsoever, or the processing of the already disseminated works, can take effect only in compliance with applicable laws and regulations, or upon obtaining a consent of the person holding the copyright to the works.

III. PROTECTION OF PERSONAL DATA / PRIVACY POLICY
1. In order to administer the Website, the User does not entrust the Website Administrator with his personal data. The registration with the Website does not require the data like a full name, a residence address or a PESEL or NIP number. If the User provides his personal data, the following provisions shall be applicable.---
2. The following entity shall act as the administrator of personal data within the meaning of the Act of 29 August 1997 on the Protection of Personal Data (i.e. Journal of Laws of 2002, No 101, item 926, as amended):---
Trendmed sp. z o.o., with its registered office in Gdynia, Poland.---
The administrator can also acquire the data from generally available bases or from third parties.---
3. The Administrator shall process the personal data of the Users/Service Providers in compliance with the Act of 29 August 1997 on the Protection of Personal Data and the Act of 18 July 2002 on the Provision of Service by Electronic Means, for the Administrator to perform the services, and for marketing purposes related to the operations of a business under a trade name www.trendmed.eu. The User shall not obtain marketing and commercial information, unless he grants its consent thereto.  Personal data are stated on a voluntary basis, through completing an electronic form.---
4. The Administrator hereby represents and warrants that it has fulfilled all the obligations and satisfied all the requirements related to the processing of personal data published by the User on the Website, in compliance with the Act of 29 August 1997. The User entrusts the Website Administrator with the above specified personal data for their processing, in compliance with Article 31 of the Act on the Protection of Personal Data, for the Website Administrator to perform the Services.---
5. The User has the right of access to his data, and to correct them.---
6. When accepting the Regulations, the User/Service Provider hereby confirms the accuracy of the personal dated stated thereby, grants the consent, in compliance with Article 23 of the Act on the Protection of Personal Data of 29 August 1997 (Journal of Laws of 2002, No 101, item 926), to process and store their personal data by the Website Administrator in the database of the Website.---
7. The Website Administrator shall fully respect the right to privacy and protection of personal data of the User, and it hereby represents that it shall not disclose, in connection with a nature of services performed through the Website, the information about the User in favour of any unauthorised third party; however, the Website Administrator stipulates the right to disclose specific information concerning the User, at a request of competent authorities.---
8. When using the Website and stating his e-mail address, the User may grant his consent to obtain commercial information from the Website Administrator, within the meaning of Article 10.2 of the Act of 18 July 2002 on the Provision of Services by Electronic Means (Journal of Laws No 144, item 1204), at an indicated e-mail address or through individual notifications sent through the Website infrastructure to the Users/Service Providers.---
9. The commercial information shall refer to only new products, services, promotions and prices offered by the Website Administrator or third parties with whom the Website Administrator co-operates or is to co-operate. The User or the Service Provider may, at any time whatsoever, resign from an option to obtain the commercial information through sending a resignation notification at kontakt@trendmed.eu.---
10. The Website Administrator uses „cookies” to collect the information related to the use of the Website by the User or the Service Provider. Cookies are used for “entrance” or “exit” from the Website. They do not violate the system in the User’s/Patient’s or the Service Provider’s computer, and they do not affect its operation.---


IV. LIABILITY

1. The User/Patient shall use the Website only in the manner which complies with applicable laws and regulations, and avoid any activities which may result in filing any complaints by third parties.---
2. The Website Administrator hereby warns that the Website shall be used only at the cost and risk of the User/Patient.---
3. The Website Administrator hereby stipulates the right to withdraw or modify the Services for any reason whatsoever, and the right to stop to perform the Service on a temporary basis, due to, for example, maintenance activities related to the modification of the Services.---
4. The Website Administrator does not hereby warrant that the Service will be used without any failures, defects, break or a lack of possibility to connect the Website, and the result of search in the Website will satisfy the expectations of the User/Patient in respect of the substantial wording, accuracy or usefulness of the obtained information about the agreed purpose. The Website Administrator shall not be held liable for the condition of connections or their quality.---
5. The Website Administrator shall not be held liable for:---
1) any damage which occurs on the part of the User/Patient as a result of a failure to perform the Services or inaccuracies which occur during their performance, due to force majeure, within the meaning of the Civil Code, or for any other reason beyond the control of the Website Administrator;---
2) any property and other damage incurred by the User/Patient as a result of using the services offered by the Service Providers, in particular, the effects of application of the content disseminated through the Website. The Website Administrator shall not be held liable for the effects of the applied substantial procedures, the treatment procedure, the manner to perform a service, used medical resources, pharmaceuticals, etc., and it shall be released from remedy or compensation in respect of any claims filed by the User/Patient and any third parties within the above specified extent;--- 
3) the wording of the complaints and advertising information and any other information, published or prepared on the Website by the Website Administrator or any third parties, and it shall be released from any remedy in respect of any claims filed by the User and any third parties, within the above specified extent;---
4) the wording of the information published on the websites whose links are contained in the Website;-
5) all the claims towards the Users/Patients or the Service Providers and third parties resulting from the rules to perform the service by the Service Providers, whose links or contact data are contained in the Website;---
6) the data and information published on the Website by the Users/Service Providers, in particular, for their compliance with laws, accuracy, validity, value to other users of the Website, etc.;---
7) the effects of the interception of the User’s/Patient’s password by any third parties;---
8) the damage caused by the content of data or information published on the Website by the Users or the Service Providers;---
9) any other damage caused by the breach of the rights of third parties by the Users/Service Providers, in connection with the use of the Website;---
10) the accidental or erroneous removal of data or information published by the Service Provider/User on the Website, as well as accidental blockade or removal of the accounts of the Service Provider/ Patient/ User;---
11) any other damage caused due to the User’s or Service Provider’s failure to comply with the Regulations;---
12) any and all loss and damage caused by a person who impersonates the Administrator or its personnel;---
13) moral and other damage if the contents on the Website hurt, in any manner whatsoever, a person reading these contents, cause any stress or damage; in these circumstances, the presented contents are not addressed thereto.---
14) for the effects of inappropriate use of the website (intentional or unintentional).---
6. The User/Patient accepts that he shall read the Regulations and explain with the Website Administrator any doubts or file any comments directly with the Website Administrator.---

V. COMPLAINTS
1. The User/Patient shall address all the complaints concerning the content of the www.trendmed.eu Website, the performance of the Services through the Website and inquiries concerning the use of the Website, at: kontakt@trendmed.eu.---
2. The complaints:---
1) which result from a failure to comply with the wording of the Regulations,---
2) concerning the extent within which the liability of the Website Administrator is excluded in compliance with the Regulations, not related to the content of the Website or the performance of the Services through the Website, shall not be settled by the Website Administrator.---
3. The Website Administrator shall promptly review all the complaints within 30 days from the date of their filing; in reasonable circumstances, if the taking of a position by the Website Administrator requires obtaining the information from other entities or is connected with a bigger work volume, the date to review a complaint may be extended by another 20-day timeframe.---
4. The response to a complaint, including the information of extending the timeframe to review it, shall be sent at the e-mail address from which the complaint was sent.---
5. The User/Service Provider shall not appeal with the Website Administrator against the complaint reviewed thereby. The complaint shall not be re-examined.---

VI. FINAL PROVISIONS

1. The Regulations shall be construed in compliance with the Polish laws, with Polish courts to hold exclusive jurisdiction. All the disputes related to the compliance with the Regulations and the services performed hereunder shall be settled by the courts In Poland with the jurisdiction pertinent to the registered office of the Administrator.---
2. The Website Administrator stipulates the right to unilaterally incorporate, at any time whatsoever, any and all changes and modifications to the Regulations. The changes incorporated to the Regulations shall be effective from the moment of their publication on the Website, in respect of the registered Users/Patients, from 7 days from the date of being notified of a change of the Regulations. The changes The changes are considered accepted by the User/Patient from the moment of his use of the Website. For the Patients with the reserved date of a service with the Service Provider, the Regulations shall apply in the version in force before the reservation.---
3. The provisions of the Civil Code, the Act on the Protection of Personal Data, and other acts, shall apply to the matters not governed under the Regulations.---
4. The User and the Service Provider may copy, reproduce and save the contents of the Regulations free of charge.---
5. The Regulations shall enter into force on 14.01.2013.---