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Regulations

Regulations for the provision of electronic services

Heals sp. z o. o. with its registered office in Warsaw

§ 1.
General provisions

  1. These Terms and Conditions set out the rights and obligations of the parties and the rules for the use of the Services provided by the Provider via the heals.co.uk website (Healmee Site) and the mobile application.
  2. Terms used in the Regulations shall mean:

Regulations - these Rules of Procedure;

Provider - Heals sp. z o. o. with its registered office in Warsaw, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, XII Business Division of the National Court Register under no. 000780941, NIP 5272889763, REGON: 383063446, share capital PLN 5,000, being a registered Entity Performing Medical Activities with the entry number in the Register of Entities Performing Medical Activities 000000224739;

User - a person who visits the heals.co.uk website (Healmee Site) or who has registered an Account on the Portal;

Patient - User requesting or using the Services;

Service - an outpatient healthcare service provided by a Healthcare Provider to a Patient via the Portal;

Portal - application available at heals.co.uk (Healmee Site) or in the form of a mobile application, with which the Provider provides Services to Patients;

Account - the individual patient profile created on the Portal.

  1. The Terms and Conditions are available free of charge on the Portal in a manner that allows its content to be obtained, reproduced and recorded.
  2. The User shall not be bound by those provisions of the Terms and Conditions that have not been made available to the User as described above, subject to the Provider making changes to the Terms and Conditions or introducing new Terms and Conditions during the term of the contract for the provision of the Services.
  3. The Provider shall provide the Services in accordance with the Regulations.
  4. Registration of an Account and use of the Services requires acceptance of the Terms and Conditions and is tantamount to acceptance of the Terms and Conditions.
  5. The user is obliged to comply with the provisions of the Terms and Conditions.
  6. The registration of the Customer Account is tantamount to the User's declaration that:
  7. is of legal age and has full legal capacity;
  8. If the User is a person who does not have full legal capacity, the declaration is made by their legal representative,
  9. the data provided by the user relates to the user, and by providing such data, the rights of third parties are not violated.
  1. The registration of an Account by a person who does not have full legal capacity and the provision of Services to that person requires the consent of his or her legal representative expressed through the Portal.
  2. The use of the Portal and the Services requires a device with Internet access and an installed web browser or a mobile device with an Android or iOS system, although the Portal may not work or function properly on older versions of browsers or operating systems, so the use of the latest versions is recommended.
  3. The legal basis for the introduction of the Regulations is Article 8(1)(1) of the Act of 18 July 2002 on the provision of electronic services.

§ 2.
Conclusion of the Service Agreement

  1. The Provider provides Services to the Patient through the Portal.
  2. In order to be able to use the Services, it is necessary to create an Account on the Portal and to provide the data and information indicated in the registration form and to give the consents and declarations required in the registration process. In the course of registering an Account, the following data must be provided:
    • Name,
    • surname,
    • date of birth,
    • PESEL or passport number (for persons without PESEL number)
    • mailing address,
    • telephone number,
    • electronic mail address (e-mail),
    • Account password.
  3. The conclusion of the contract for the provision of the Service occurs when the Account is created and the Service is provided once the User has paid for it.
  4. The contract is concluded for an indefinite period.
  5. The user gains access to the created Account by means of his/her login (e-mail address) and a self-established password.
  1. The User is obliged to update the data provided on the Portal as soon as they change.
  2. Liability arising from the provision of incorrect or inaccurate data or failure to update such data rests solely with the User.
  3. The User accepts the necessity of having a current, active e-mail address. The User is obliged to monitor the e-mail box of the provided e-mail address on an ongoing basis and, in the event of a change, to update this information in their Account immediately.
  1. The User shall keep the access data to the Account confidential and shall not disclose it to third parties. In the event that the User allows such access to third parties, even inadvertently, the User shall be liable for any misuse of the Account or for the misuse of his/her access data.
  2. The User undertakes to inform the Provider immediately of any breach of security of his/her Account, in particular the disclosure of access data to a third party or the use of this Account by third parties.
  3. The Provider acknowledges that the use of the Services may involve standard risks associated with the use of the Internet and recommends that Users take appropriate steps to minimise such risks.
  1. The User has the right at any time to request the deletion of his/her User Account in documentary form to the Provider's email address.
  2. The Provider may refuse to provide the Service in the event of a suspected breach of security rules with regard to the Account in question.
  3. The User acknowledges that the Portal may not be available continuously. In particular, it is possible that the Portal may be interrupted and temporarily unavailable for maintenance and service work.
  4. The Service Provider does not register or archive the password created by the User to access the Account.
  5. Within a reasonable time after the conclusion of the contract, the provider shall send the User a confirmation of the conclusion of the contract by e-mail.

§ 3.
Conditions and organisation of the provision of Services

  1. The Provider's current offer of Services is available on the Portal.
  2. Services are provided against payment in accordance with the prices listed on the Portal.
  3. The Patient is obliged to provide the Provider with all information and circumstances that may be relevant to the Service provided, in particular the information indicated in the form appropriate to the Service, as well as copies of medical records and test results that may be necessary or helpful for the provision of the Service in question. In case of refusal to provide such information and documents, the Provider may refuse to provide the Service.
  4. The patient shall be solely responsible if he or she provides false information or withholds information referred to in the preceding paragraph.
  5. By providing health data, the patient confirms that this data is factually correct and is aware of the consequences that may arise if false or incomplete data is provided.
  6. The process of ordering and providing the Service includes, in particular, the following steps:
    • indication of complaints by the patient,
    • filling in a form (request for an e-consultation) by the patient appropriate to the ailment, containing, in particular, information on the patient's general state of health, treatment to date, medication taken, etc,
    • making payment for the Service,
    • verification of the form (request for e-consultation) and the data contained therein by the doctor,
    • depending on the nature of the Service requested, the provision of medical advice by a doctor, the making of a recommendation, the interpretation of test results, the issuing of a referral or e-prescription or the issuing of other documents and the taking of other actions according to the circumstances and the nature of the Service.
  7. As part of the performance of the Service, the doctor may recommend that the Patient make an in-patient visit, call an ambulance or obtain medical assistance at another treatment facility or other institution.
  1. If the Patient's condition deteriorates rapidly, the Patient should immediately call for help or go to a healthcare facility.
  2. The standard waiting time for a consultation with a doctor is about 1 hour, during the doctors' standard working hours, from 8:00 in the morning until 22:00 .
  3. Doctors are only obliged to prescribe medicines when it is in the patients' interest to do so. In other cases, the doctor is obliged to refuse to prescribe a medicine, even if the patient clearly indicates that he or she needs it. The doctor's assessment following the medical e-consultation is crucial here.
  4. In justified cases, the doctor will propose the alternative treatment he or she considers most appropriate.
  5. The doctor makes the decision to prescribe a medicine or e-consent after a medical consultation has been performed. Its execution makes it impossible to receive a reimbursement of the funds paid by the patient.
  6. In the event that the doctor needs to speak to the patient, he or she will make two attempts to contact the patient by telephone. For this purpose, the patient is asked to stay on the phone until the doctor calls them. Such contact will normally take place within one hour of sending the request, between 8 a.m. and 10 p.m. In justified cases, contact with the doctor may be prolonged. When the lack of contact with the patient prevents the e-consultation from taking place, it is closed and the patient is not entitled to a refund.
  7. A doctor may refuse to prescribe a psychotropic, narcotic or growth hormone drug if he or she considers that its use is not indicated or is dangerous. In such a situation, the doctor gives advice and the patient is not entitled to reimbursement.
  8. Reimbursement for the service provided is only possible if, as a result of a system error, the doctor does not perform the medical consultation. In a situation where a doctor has performed a consultation and decided not to issue a prescription and/or e-consultation, no reimbursement is possible.

§ 4.
Rights and obligations of the provider and the user

  1. The provider reserves the right to:
    • temporary discontinuation of the Services due to maintenance activities,
    • to send technical, legal and transactional communications relating to the operation of the Services,
    • refuse to provide the Services if the User is in breach of the Terms and Conditions,
    • any modification of the Services provided, the tools and the operation of the Account by amending the Terms and Conditions.
  2. The Provider reserves the right to cease providing the Services, to delete any User data and to take any other legally permissible action in relation to the Account at any time, for which the User shall have no claim against the Provider.
  3. In the event of a failure or other disruption of the Account, preventing the use of certain Services, functionalities or settings, the Provider shall take all immediate steps to rectify such failure or disruption.
  4. The provider within the Account shall take measures to protect Users' data, including personal and sensitive data.
  5. When using the Services, the User is obliged to refrain from:
    • providing false or outdated information and personal data,
    • publish or transmit content which is offensive, indecent, unlawful or which infringes the personal rights of third parties protected by law,
    • use the Services to publish advertisements for goods and services and any information of a commercial nature,
    • copy, modify, distribute, transmit or otherwise use any works and databases made available in the Account, except for permitted use,
    • to take any action that may hinder or interfere with the functioning of the Account and to use the Account in a way that is disruptive to the Provider or other Users,
    • to use the Services in a manner contrary to the law, the contract for the provision of the Services, good morals, infringing the personal rights of third parties or the legitimate interests of the Provider.
  6. The User is obliged to immediately notify the Provider of any known violations of the Terms and Conditions and of the unlawful nature of the data, information or actions taken via the Account. The Provider, upon receipt of such notification, shall take the actions prescribed by law, including immediately preventing access to the specified data, information or activities.
  7. Notwithstanding the provisions of Paragraph 5 above, the Provider reserves the right to block access to the User's resources containing content that does not comply with the Terms and Conditions, including erotic content, pornographic content, content containing illegal software or information on its acquisition, and other content that is contrary to the law, good morals or the legitimate interests of the Provider, if the Provider becomes aware of credible, reasonable information on the subject.

§ 5.
Responsibility

  1. The Provider and the User are obliged to compensate for the damage that the other party has suffered as a result of their non-performance or improper performance of their obligations under the Terms and Conditions, unless their non-performance or improper performance has been caused by circumstances for which they are not responsible, in particular as a result of force majeure.
  2. The provider who has received official notification or credible information about the unlawful nature of the data used by the User within the framework of the use of the Account and has prevented access to such data or information, shall not be liable to the User for the resulting damage.
  3. The Provider shall not be liable to the User who violates the Terms and Conditions for any damages arising from the discontinuation of the Services provided to the User, including the deletion of the Account.
  4. The provider is furthermore not liable for:
    • any damage caused to third parties as a result of the User's use of the Services contrary to the Terms of Use or the law,
    • content made available by the User as a result of using the Services which infringes the law or the legally protected rights of third parties,
    • loss of data by the User due to external factors (e.g. equipment failure) or other circumstances beyond the Provider's control (actions of third parties), including those caused by the User,
    • damages resulting from the lack of continuity in the provision of the Services, which are the consequence of circumstances for which the Provider is not responsible (force majeure, acts and omissions of third parties, etc.),the provision of false, outdated or incomplete data or information by the User,
    • Failure by the User to comply with the provisions of the Terms and Conditions.

§ 6.
Complaints

  1. The User has the right to complain about matters concerning the performance of the Services.
  2. Complaints are dealt with by the Provider.
  1. Complaints about non-performance or undue performance of the Service should be submitted by e-mail to the Provider's address info@heals.pl or by registered letter to the Provider's address Zakład Leczniczy Healmee Piotra Skargi 23/29 06-100 Pułtusk.
  2. The complaint should include:
    • the date of the complaint,
    • the Patient's name or business name and telephone number, e-mail address and postal address,
    • a statement of reasons describing the facts as precisely as possible,
    • the patient's signature in the case of complaints by post.
  3. Complaints will be considered immediately, but no later than within 30 days of its delivery to the Provider, and in the case of a complaint with deficiencies, of its completion.
  4. Complaints not containing the above data and not completed will not be considered by the Service Provider.
  5. The Patient will be notified of the handling of the complaint by email or post.
  6. A complaint handled in accordance with the provisions of the Terms and Conditions is not subject to further or reconsideration.

§ 7.
Termination or withdrawal from the contract

  1. The contract for the provision of the Services may be terminated by either party.
  2. At any time, you have the right to terminate the contract for the Services by deleting your Account yourself.
  3. The User may, within 14 days from the date of conclusion of the contract for the provision of the Services, withdraw from the contract without stating a reason and without incurring any costs for doing so. The declaration of withdrawal should be submitted in writing to the Provider's address: Zakład Leczniczy Healmee Piotra Skargi 23/29 06-100 Pułtusk or by email to: info@heals.pl.
  4. The Provider has the right to terminate the contract for the provision of the Services with immediate effect, including the deletion of the User Account, in the following cases:
    • infringement of important provisions of the Terms and Conditions by the User,
    • the Provider becomes aware of reasonable, credible information that the name of the Account is untrue, contrary to the law, morality, violates the personal interests of third parties or the legitimate interests of the Provider,
    • the inclusion in the Account by the User of content that is untrue, contrary to applicable law, infringes the legally protected personal rights of third parties or the legitimate interests of the Provider,
    • the User's misuse of the Services,
    • the deletion by the User of the email address which was used to set up the Account.
  5. The Provider shall inform the User of the termination of the Service Agreement (if technically possible) no later than 24 hours from the date of termination.
  6. The Provider reserves the right to refuse to provide the Services to the User, including deletion of the User's Account, if the User's Account has been created once again after the deletion of the Account by the Provider resulting from a breach of the Terms and Conditions.

§ 8.
Processing of personal data

  1. The administrator of the personal data is the Provider, i.e. Heals Spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw, address: 8/10 Sandora Petöfiego Street, 01-917 Warsaw.
  2. The provider processes personal data such as first name, surname, date of birth, PESEL, passport number, home/registration/correspondence address, e-mail address, telephone number and health data as justified by the provision of health care services.
  3. The provision of personal data when registering an Account is voluntary, although necessary for the registration of the Account and the provision of the Services, and failure to provide such data will result in the inability to create an Account or provide the Services.
  4. The provision of personal data in connection with the use of the Services and the maintenance of medical records by the Provider is mandatory.
  5. The personal data is processed for the purposes of registering an Account and operating it, ordering, providing the Services and fulfilling the contract, including rights and claims arising therefrom, handling complaints, establishing and asserting or defending against claims, maintaining medical records, and furthermore for the purposes of marketing the Provider's products and services.
  6. Personal data may be disclosed to the authorities entitled to receive them under applicable law and to the entities with which the purposes of the data processing will be carried out, such as doctors, nurses, psychologists, nutritionists who provide the Services to the User, payment and instalment system operators, IT service providers, legal advisers and consultants, postal operators and carriers.
  7. Personal data will not be transferred to countries outside the European Economic Area, which consists of the countries of the European Union and Iceland, Norway and Liechtenstein.
  8. No automated decisions (decisions without significant human involvement) will be made, including personal data will not be subject to profiling.
  9. The data subject shall have the right to request access to, rectification, erasure or restriction of processing of personal data concerning him or her, or to object to the processing, whereby an objection may be lodged in the case of processing for direct marketing purposes or for reasons of important and legitimate interest of the Provider or public interest, and the right to receive the data in a structured, commonly used machine-readable format and to have it sent to another controller.
  10. Personal data shall be processed for the duration of the Account and the use of the Services, as well as for the period of limitation of any claims that may arise therefrom, however, personal data contained in medical records shall be stored for the period specified in the provisions of the Act on Patients' Rights and the Patients' Ombudsman and no request for deletion of data may be carried out during this period.
  11. The data subject shall have the right to lodge a complaint with the supervisory authority, the President of the Office for Personal Data Protection, in the event that the processing of personal data violates the provisions on the protection of personal data.
  12. The Provider can be contacted on matters concerning personal data at the following email address: info@heals.pl

§ 9.
Newsletter subscription

  1. If you subscribe to the newsletter and agree to receive it during the registration or ordering process, you will provide an email address to which commercial information from the Provider will be sent, which you may unsubscribe from at any time by logging into your Account or by clicking on the unsubscribe link found in the footer of each newsletter.
  2. The data provided during subscription to the newsletter may be made available to the following entities for the purpose of distribution of the newsletter: Agencja Interaktywna BV Sp. z o.o. - operator of openmailing.pl, Brevo.com, FreshMail Danuta Fuksa - operator of freshmail.pl, IMPLIX Sp. z o.o., operator of getresponse.pl, The Rocket Science Group - operator of mailchimp.com

§ 10.
Data processed automatically by the server cookies, google analytics and google adwords

  1. The data referred to in this paragraph are never combined with the personal data referred to in § 8 of the Terms and Conditions and are only material for statistical analysis and system error correction mechanisms. They do not allow a person to be identified.
  2. The IT system used by the Provider automatically collects data in logs related to the device used by the User to connect to the Portal. This data is collected for statistical purposes only and relates to the type of device, operating system, type of Internet browser, screen resolution, colour depth, IP, Internet Service Provider, or the address of the Portal's entrance, and is only used in the process of optimising the Portal in order to ensure the greatest possible comfort of use.
  3. The provider uses "cookie" technology, i.e. text files placed on the User's device, to enable the Portal to recognise the User and to adapt the Portal to the User's needs.
  4. Cookies are used for:
  5. remembering to log in (a session lasts 30 minutes, after which the cookie is deleted)
  6. remembering the contents of the shopping cart (a session lasts 30 days, after which the cookie is deleted)
  7. remembering the Portal's display preferences (a session lasts 30 days, after which the cookie is deleted)
  8. to compile statistics and reports on how the Portal works.
  1. Google uses "cookie" technology to enable the Portal to analyse the sources of traffic and how visitors use the Portal (google analytics) as well as to evaluate the correctness and effectiveness of the Portal's online advertising activities (google adwords).
  2. Google collects the data generated by the placement of cookies on your device on its servers and uses this information to create reports and provide other services relating to traffic and internet usage.
  3. Google may also transfer this information to third parties where there is a legal obligation to do so or where such third parties process the information on Google's behalf.
  4. If you do not agree to the placement of cookies on your device, including those from Google (analytics, adwords), you can block their placement by configuring your web browser accordingly. Information on how to do this is available in the help files of your browser. Unfortunately, if you block cookies, the Portal may not function properly.
  5. If the User agrees to cookies being placed on their device, but would like to delete them after their visit to the Portal, they can do so without risk and information on how to do so can be found in the help files of their web browser.

§ 11.
Final provisions

  1. Any changes to the Terms and Conditions are published on the Portal. Further use of the Portal requires acceptance of the Terms and Conditions.
  2. A user who does not accept the new Terms and Conditions or the amendments to the Terms and Conditions is entitled to terminate the contract for the provision of electronic services.
  3. In matters not regulated by these Terms and Conditions, the relevant provisions of Polish law shall apply. All disputes shall be settled by the Polish courts.
  4. The User may contact the Provider in all matters related to the use of the Account: in writing at the address of the Provider Zakład Leczniczy Healmee Piotra Skargi 23/29 06-100 Pułtusk or by email at: info@heals.pl or by telephone at +48 506 241 342.
  5. Terms and conditions effective 12.06.2024

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