§1. Service Provider
- MedicalRenting.com Sp. z o.o. with its registered office in Bydgoszcz, ul. Smukalska 33 (hereinafter: MedicalRenting or Operator) is the Service Provider within the meaning of the Act on Provision of Electronic Services.
- MedicalRenting.com Sp. z o.o. is not a medical entity and does not provide any healthcare services.
- Service Regulations - these Regulations specify the terms and conditions of use of the Service website, acceptance of which is required for registration on the Website as a User or Partner and for using certain services offered on the Website.
- Service - a specialized internet portal available at URL: www.medicalrenting.com, owned by the Operator indicated in §1 of these Regulations, which is used to provide Users with materials in electronic form, information and offers concerning operating and treatment room rental services provided by Partners in Poland and other European Union countries. In particular, the Website allows
a) Posting by Partners of offers to rent operating theatres or treatment rooms,
b) Users' obtaining information about Partner Services,
c) Reading and adding opinions concerning Partners' services,
d) Purchasing services offered by Partners on the Website.
- Operator of the Website - a service provider, MedicalRenting.com Sp. z o.o. with its registered office in Bydgoszcz, ul. Smukalska 33
- Partner - entity offering rental of operating theatre or treatment rooms for doctors via medicalrenting.com website.
- Service User - natural person, legal entity or organisational unit without legal personality, having valid authorisation to provide medical services pursuant to applicable regulations, using services available on the Website in a manner related to business or professional activity. In the case of using the Information Service, it may be anyone who has a device with an installed web browser and access to the Internet. The person using the services on behalf of the User must be of full legal age and have full legal capacity and must register as a Service User.
- Registration - a procedure carried out through the Website allowing to obtain the status of a User or Partner.
- Terms and conditions of cooperation - an electronic document specifying the rules of cooperation between the Website Operator and Partners who want to offer Partner Services to other Website Users.
- Opinion - an assessment of a Partner's service performed by a User and published on the Website. At the request of the User, an opinion can be published without providing a name of the User, and the only marking of the User will be a name or nickname indicated by the User. The opinion shall be published upon verification by Operator of the Website whether the User has used Partner's Service and whether the opinion does not contain offensive or vulgar content, obscene, pornographic, racist or advertising material.
- Profile - information about the Partner and its offer, presented on the Website in written, graphic or audiovisual form. The profile is created by the Partner at the stage of registration at the Website.
- Information service - a free-of-charge service provided electronically as part of the Website, consisting of the provision of websites that enable the Partners to present their services, and the Users to learn about the Partners' offers and information on the possibility of renting operating theatres and treatment rooms. The information service does not require any data to be provided by the User, who may use it anonymously and regardless of age.
- “Book a room" service - a free service provided to the User via e-mail or telephone, which consists in booking an operating theatre or treatment room at a Partner on a specified date of visit by MedicalRenting.com on behalf of the User, requiring the User to provide personal data and to have full legal capacity.
- "Instant Messenger" service - a free service performed electronically, consisting of the provision of an application on the Website that enables the transmission of questions and information regarding the offer placed on the Website between the User and the Partner.
- "Partner Service" - services offered by Partners through the Website.
- Service performed electronically - a service performed without the simultaneous presence of the parties (at a distance), through the transmission of data at the individual request of a recipient of the service, sent and received by means of electronic processing devices, including digital compression and data storage, which is entirely transmitted, received or broadcast with the help of a telecommunication network.
§3. Legal disclaimer
- The Operator does not take responsibility for the User's decision to use the service of a particular Partner.
- The Operator makes every effort to keep the information published on the Website up to date. In case of any doubts concerning the information published on the Website, the User shall contact directly the Partner whose services he is interested in.
§4. Rules of using the Service – User
- In order to use the Service with regard to the Information Service it is necessary to:
- The condition of using the Service by the User within the scope not specified in point 1 is:
b) acceptance of the Service Regulations and consent to processing of the User's personal data and its transfer to the Partner for the purpose of provision of the Service,
c) registration on the Website using the form provided there for the Partner,
- The use of the Website by the User is free of charge.
- In the course of filling in the registration form, the Partner is obliged to fill in the fields marked with an asterisk (*), i.e. provide in particular:
a) e-mail address,
b) first and last name,
Refusal to provide data marked with an asterisk will prevent the completion of the registration process, as a result of which the User will not be able to use the "Book a room" and "Instant Messenger" .
- The User consents to the processing of their personal data and to their assignment to the Partner by ticking the appropriate box on the Registration Form.
- The User is obliged to provide complete and true data. The Operator shall not be liable for false data provided by the User.
- The User may at any time update his or her data using the functions available in the administration panel assigned to his or her account on the Website.
- In order to obtain confirmation from the Operator of positive verification of the User as an entity meeting the criteria described in § 2 item 14 of the Regulations, the User shall be obliged to send, via the administration panel, a message to the Operator, which shall contain a copy of a document confirming his or her authorisation to practise as a medical doctor or authorisation to represent a healthcare provider. After positive verification of this documentation by the Operator, the User will receive appropriate confirmation of positive verification, which will be visible for other Users and Partners on his or her account in the Service.
- The Service and its individual elements are the property of the Operator and are subject to the protection stipulated in the Act on Copyright and Related Rights.
- The User may use the Messenger service solely for the purposes and to the extent necessary for the conclusion of the agreement for the lease of the Operating Theatre or Treatment Room.
§5. Rules of using the Service – Partner
- The prerequisite for publishing the Partner's offer in the Service is:
a) registration on the Website using the form provided there for the Partner,
b) acceptance of the Service Regulations and consent to processing of Partner's personal data and their transfer to the User for the purpose of provision of the Service.
- In the course of filling in the Registration Form the User is obliged to fill in the fields marked with an asterisk (*), i.e. to provide in particular:
a) e-mail address,
b) first and last name,
Using the Website as a Partner is subject to payment. The terms of payment are specified in the Terms and Conditions of Cooperation.
- Refusal to provide data marked with an asterisk will prevent the completion of the registration process, as a result of which the Partner will not be able to place their offer on the Website.
- The User consents to the processing of their personal data and to their assignment to the Partner by ticking the appropriate box on the Registration Form.
- Partner is obliged to provide complete and truthful data. Operator is not responsible for false data provided by Partner.
- The Partner's offer is published in the Service in the form of a profile created by the Partner as a result of registration in the Service. The content of the profile may be modified at any time by the Partner via the administration panel.
- Content published in the Profile must comply with the law and must not contain vulgarities or obscene, racist, xenophobic or in any way violate personal interests of the third party. They may not be defamatory, insulting or constitute an act of unfair competition.
- The Operator reserves the right to delete or modify Profiles containing content that is against the Terms and Conditions of Service, against
the law, against good manners (especially offensive, vulgar), content that violates the rights of others, especially content that spreads racial hatred, offends someone's religious feelings, offends someone's dignity, violates someone's privacy or other personal goods).
- The Operator does not bear responsibility towards third persons for the content published by Partners on their Profiles.
- The Operator reserves the right to enter the Halls, which are offered for rent in the Service in order to verify whether the data provided by the Partner are correct. Partner agrees to provide the Operator with such access.
§6. Complaints and dispute resolution
- The User has the right to lodge a complaint regarding incorrect functioning of the Service in writing, electronically (by e-mail) or personally (orally or in writing) at the Operator's branch, i.e. ul. Smukalska 33, 85-565 Łódź; e-mail address: firstname.lastname@example.org. In the text of the complaint, the name, surname, correspondence address or e-mail address, reasons for the complaint and the response expected by the User from the Operator shall be indicated.
- If the data or information provided in the complaint need to be supplemented, the Operator, before considering the complaint, shall request the User to supplement it in the indicated scope.
- Complaints are dealt with within 14 days from the date of receipt by the Operator of a complete complaint notification, by providing, in the manner selected by the User (letter or e-mail), information on the manner of complaint consideration.
- Complaints about Services provided by the Partner shall not be considered by the Operator and shall be returned to the User without consideration. The Partner's services may be complained about only according to the terms established by the Partner at the conclusion of the agreement with the Partner.
- Any disputes related to the operation of the Service shall be considered by the common court competent for the seat of the Operator.
- The applicable law is Polish law.
- The user may also use extrajudicial means of redress through mediation.
§7. Website security
- The Operator shall not be held liable for any damage incurred by the User as a result of threats occurring on the Internet, in particular resulting from the installation of malicious software.
- The Operator informs that specific risks related to the use of the Services provided by electronic means may include spam, malware, spyware, worms or password cracking (craking or phishing), etc. A detailed knowledge about such risks may be obtained from publicly available Internet materials after entering the relevant keyword in a search engine, e.g.
§8. Processing of personal data
- Personal data provided by Users in connection with the use of the Services are processed by the Operator, who is the administrator of such data within the meaning of the Personal Data Protection Act of 29 August 1997 ( i.e. Journal of Laws of 2016, item 922) and the Regulation of the European Parliament and of the Council (EU) 2016/679 of 27 April 2016 on the protection of natural persons in relation to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (GDPR).
- The Operator processes information concerning the Users, including information having the nature of personal data in compliance with the legal provisions in force in this regard and with the application of legally required safeguards.
- The User may consent to the processing of his/her personal data also for marketing purposes. Lack of consent for data processing for marketing purposes does not prevent the User from using the Website.
- Details on the principles of processing of the User's personal data by the Operator are included in the Information Clause on the principles of personal data processing, the link to which is included in the Registration Form.
§9. “Book a room" service
- Using the Website, the User may use the "Book a room" function, which is a Service performed electronically, consisting in the possibility of renting a selected operating or treatment room from the Partner, as well as any additional services from among the offers presented on the Website.
- The User chooses the preferred rental period from among the available dates displayed on the Website.
- The rental period may be specified in days or hours, depending on the scope of the Offer presented by the Partner.
- To use this service, the Operator must provide the Partner with the User's personal data.
- The rental price is specified each time in the Partner's Offer.
- In order to book a room on a date selected by the User, it is necessary to pay a reservation fee, the amount of which is equal to the price resulting from the offer accepted by the User.
- The booking fee shall be paid to the Operator's bank account. Depending on the content of the Partner's offer, it may be paid as follows:
a) at the time of booking via online payment (Instant Booking);
b) after the Partner has confirmed the booking from the User and the User has received a link in their account to make the payment (Confirmed Booking).
- The payment of the reservation fee does not constitute a payment for the Service, it is only a service fulfilled to secure the User's fulfillment of obligations arising from the Booking of the Room.
- Immediately after the payment is made, the User will receive to their e-mail address information about the confirmation of the booking.
- The conclusion of the agreement between the User and the Partner is reached by using the Service "Book a room", when the User receives an e-mail with the confirmation of the Room booking.
- Once the Partner confirms that the booked rental service has been provided, the Operator will transfer the rental fee due to the Partner, which is equivalent to payment for the service by the User.
- Unless the Partner's offer placed on his/her Profile states otherwise, the User may cancel the booking up to 5 days before the booked rental date. In such a situation, the Operator returns the amount paid by the User, less 30%, which is a contractual penalty due to the Partner for failure to fulfill the rental agreement by the Lessee. The contractual penalty shall be immediately transferred by the Operator to the Partner in order to redress the loss caused to the Partner in connection with the cancellation of the booking by the User.
§10. "Instant Messenger" service
- Using the "Instant Messenger" service, the Partner and the User may communicate on all issues related to the offer, both before concluding the rental agreement and during its performance.
- While using the Instant Messenger service, neither the Partner nor the User may disclose their personal data enabling contact outside the Service concerning offers published by the Operator.
- Both the Partner and the User may not use the Instant Messenger for purposes that are unlawful or immoral, in particular those leading to the circumvention of the Regulations or the Terms and Conditions of cooperation, and also those going beyond the scope relevant to the purpose of the service as defined in Point 1. A particular case of infringement of the provisions of the Regulations is taking action by the User or the Partner aimed at making mutual contact concerning the rental of the Room bypassing the Service.
- In the case of stating by the Operator a serious infringement of the rules of using this service, the User's or Partner's account in the Service may be blocked.
§11. Rules of publishing Comments and Opinions by Users
- A User and Partner may publish Comments and Opinions on the Website concerning:
a) User - Partner's Services,
b) Partner - regarding its relationship with the User.
- The publication of an opinion shall only be possible using the services of a Partner. The opinion may only be published if the user completes a survey indicating the name of the Partner Service and the time at which the Partner Service was used. The survey is not visible to other users.
- One user can only post one opinion about a particular Partner Service. The same applies to the Partner.
- It is not permitted to include advertising or marketing content in opinions or comments.
- Comments and Opinions must not contain vulgarities and obscene content, content of a racist, xenophobic nature and in any way violate the personal interests of third parties.
- Comments and Opinions must not be defamatory, insulting or constitute an act of unfair competition. In the event of publication of an entry deemed defamatory or insulting by the entity to which it pertains, the Operator of the Website shall, upon the request of the authorised party, make available the data allowing for identification of the User.
- Publication of a true allegation in order to protect a socially justified interest does not constitute libel.
- The Operator reserves the right to delete Comments and Opinions of Users containing content that is inconsistent with the terms and conditions for use of the Service, content that is unlawful, content that is contrary to good morals (in particular content that is offensive, vulgar), content that violates the rights of others, in particular content that spreads racial hatred, offends another person's religious feelings, offends another person's dignity, violates another person's privacy or other personal rights), advertising content, website addresses, or personal data of third parties.
- Comments and Opinions are a manifestation of Users' subjective assessments, for which the Service Provider shall not be held liable towards third parties.
- Upon publication of a Comment or Opinion by a User, its content becomes part of the Service, to which the Service Provider has exclusive rights, and the User's rights are limited to the possibility of modifying the Comment or Opinion, or deleting them.
- By posting an opinion on the Website, the User declares that the opinion or comment posted by him or her is true and accurate.
§12. Exclusion and limitation of liability
- Operator nie ponosi odpowiedzialności, za to czy Użytkownik będzie miał możliwość skorzystania z Usługi Partnera.
- The Operator shall not be liable for the performance of the Partner's Service.
- If the performance of the booked service does not take place due to reasons attributable to the Partner, the entire booking fee shall be returned to the User. In such case, the Operator is entitled to block the Partner's profile for the period of time not exceeding 1 month and apply sanctions specified in the Terms and Conditions of Cooperation.
- User claims for failure to perform or improper performance of Partner's services may be addressed solely to the Partner.
- Notwithstanding the foregoing, the Operator is not responsible for:
a) any damage resulting from improper operation or cessation of functioning of the Website and related to improper use of the Website;
b) the consequences of using the Website by unauthorized persons;
c) the effects of sharing a password or any other information identifying the user in relation to the Operator;
d) the effects of a malfunction of the telecommunications network;
e) malfunction or lack of operation of the Website due to improper operation or non-operation of third party software,
f) the effects of unauthorized interference of the Partner or the User or third parties in the database structures of the Website's software;
g) the effects of force majeure, understood as events beyond the Operator's control, which the Operator could not foresee or prevent, and which disrupt or prevent the implementation of the Website.
§13. Final provisions
- The Operator reserves the right to temporarily increase or reduce functionality of the Service, due to necessary maintenance works or other unforeseen impediments in functioning or availability of the Service.
- The Operator reserves the right to introduce changes to these Regulations. The current content of the Regulations is always available on the Website.
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