Terms of Service

Terms of service for electronically provided services

Terms of Service for Services Provided Electronically by the Medical Entity Nasz Gabinet.

Introduction

These Terms of Service define the types and conditions for the provision of healthcare services, including their delivery via electronic means of communication in the field of addiction prevention and psychotherapy, as well as the manner of using the website operated by the entity NORTH MEDICAL HOLDING SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ NASZ GABINET SPÓŁKA KOMANDYTOWA (hereinafter: the Medical Entity) with its registered office in Wroclaw at ul. Dworcowa 11b, 50-456. The Medical Entity operates on the basis of the organisational regulations established in accordance with the provisions of the Act on Medical Activity. The condition for using healthcare services is reading the content of these Terms of Service and accepting them. The Medical Entity reserves the right to amend these Terms of Service. Changes introduced by the entity shall take effect from the moment new content is published on the website https://www.nasz-gabinet.pl/. Acceptance of the Terms of Service constitutes acceptance of the possibility of their amendment. In the case of persons who are already using the services of the Medical Entity, amendments to the Terms of Service may apply only to stages and types of services that have not yet been performed at the time the amendments are introduced. In matters not regulated by these Terms of Service, the provisions of the Act on Medical Activity (consolidated text: DzU 2024, item 799 - hereinafter u.dz.l.), the Act of 6 November 2008 on Patient Rights and the Patient Rights Ombudsman (consolidated text: DzU 2024, item 581 - hereinafter u.p.p.), the provisions of the Civil Code Act of 23 April 1964 (consolidated text: DzU 2023, item 1610, as amended - hereinafter k.c.), as well as the implementing regulations for the aforementioned Acts and other relevant provisions of generally applicable law shall apply accordingly.

Acceptance of the content of these Terms of Service constitutes an effective declaration of intent to enter into an agreement for the provision of healthcare services in the field of addiction prevention and treatment, in accordance with the specific nature of the selected and paid-for service.

Glossary of Terms:

The terms used in these Terms of Service shall have the following meanings:

Healthcare services - "(...) actions aimed at the preservation, rescue, restoration or improvement of health, as well as other medical actions resulting from the treatment process or separate regulations governing the principles of their performance" - Art. 3(1)(10) u.dz.l.

Person practising a medical profession - a person authorised under separate regulations to provide healthcare services, as well as a person holding professional qualifications to provide healthcare services in a specific scope or in a specific field of medicine - Art. 2(1)(2) u.dz.l.

Patient - a person seeking the provision of healthcare services or using healthcare services provided by a healthcare provider or a person practising a medical profession - Art. 3(1)(4) u.p.p.

GDPR - Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), OJ L 119/1.

Seller - A person authorised by the Medical Entity to operate the online shop to the extent enabling the scheduling of an appointment for the purpose of performing an alcohol implant procedure, a detoxification procedure, or an in-person psychotherapy session.

Psychotherapist - a person providing services in the field of therapeutic support to patients exhibiting disorders related to the use of psychoactive substances or behavioural addictions, as well as to their relatives.

Close person - a spouse, a relative up to the second degree or an in-law up to the second degree in the direct line, a legal representative, a person cohabiting with the patient, or a person designated by the patient - Art. 3(1)(2) u.p.p.

§ 1. General Provisions

  1. The website at https://www.nasz-gabinet.pl/ is an internet portal through which healthcare services are provided by the entity named NORTH MEDICAL HOLDING SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ NASZ GABINET SPÓŁKA KOMANDYTOWA with its registered office in Wroclaw at ul. Dworcowa 11b, 50-456, REGON: 389981373, NIP: 8971895920, entered in the register of entities conducting medical activity under number 000000244286. The registration book is available at: https://rpwdl.csioz.gov.pl/. The purpose of the portal is to enable registered persons to use its resources and proposed services via the website https://www.nasz-gabinet.pl/ and the websites of entities with which the Medical Entity has concluded separate service agreements.
  2. The Medical Entity offers healthcare services performed by authorised persons (practising medical professions) and psychotherapists, which may take the form of: e-consultations, issuance of e-prescriptions, performance of an alcohol implant procedure, performance of detoxification, conducting one or more in-person or online psychotherapy sessions. The detailed scope and specifics of procedures and psychotherapy sessions are described on the website www.nasz-gabinet.pl.
  3. The price list for services is published at https://www.nasz-gabinet.pl/cennik.
  4. Payment for electronic medical services is processed through payment intermediaries such as: Przelewy24, PayU, Paypal, BLIK, Szybka płatność, payment card, Google Pay, Apple Pay, as well as fast payment methods such as: Visa Mobile, online card payment, iPKO, mBank, ING Bank Śląski, Santander, Bank PEKAO S.A., Millennium, Alior Bank, Inteligo, Crédit Agricole e-przelew, Płacę z Citi Handlowy, Płać z BOŚ, BNP Paribas, Płacę z Velo Bank, Banki Spółdzielcze, Bank Pocztowy, Plus Bank, Visa Checkout, Nest Bank, Bank Nowy S.A.
  5. Users of the website may be natural persons who have reached the age of 18 and possess full legal capacity (who have not been fully or partially incapacitated by a court judgement).
  6. The condition for using the website is registration using complete, true and factually accurate personal and contact data of the user, as well as granting consent to the processing of personal data as referred to in Art. 4(11) of the GDPR and Art. 7 of the GDPR, including consent to the disclosure of personal data to entities providing services to the Medical Entity, in accordance with the requirements of applicable law.
  7. A registered person has the ability to view and update their personal data until the completion of the provision of healthcare services.
  8. A registered person may not use the accounts of other persons or make their account available to other persons for the purpose of selecting and purchasing healthcare services offered by the Medical Entity.
  9. In the event that it is made probable that a registered person has made their account available to another person, the Medical Entity has the right to suspend the account or delete it.
  10. By accepting these Terms of Service, the User declares that they have been informed that the Medical Entity does not hold a contract with the National Health Fund (NFZ) for the reimbursement of medical services from public funds.

§ 2. Rules for the Provision of Healthcare Services

  1. A User wishing to use the services of the Medical Entity may make a purchase via the website www.nasz-gabinet.pl by making a payment through the "QUICK PAYMENT" button, or use the online registration service, or make a purchase directly from the website rejestracja.nasz-gabinet.pl/.
  2. Purchasing a given service via the online registration system requires the User to take actions such as: entering the necessary personal data, the processing of which is carried out in accordance with the principles set out by the Personal Data Protection Act and the GDPR.
  3. The provision of data by the User enables the processing of personal data and sensitive data in connection with obtaining patient status.
  4. Placing an order via the calendar available at www.rejestracja.nasz-gabinet.pl involves selecting one of the services offered by the Medical Entity. In the case of selecting a detoxification service, the Medical Entity reserves the right to change the time of the selected service within a range of up to 24 hours from the time indicated by the Patient, if the medical staff is unable to perform the service at the originally selected time due to reasons beyond the control of the Medical Entity.
  5. The purchase process consists of the following steps:
    1. selection of service,
    2. entering patient data (first name, surname, PESEL number or document number, address, contact number, email),
    3. proceeding to the payment process,
    4. selection of payment method and confirmation.
  6. Upon making the payment, the User consents to receiving a document confirming the payment. Confirmation of the purchase will be sent electronically to the email address provided.
  7. The time for the performance of the selected service is 30 calendar days, and for a voucher - 90 days, counting from the moment of a correctly completed and paid purchase.
  8. In order to fulfil an order placed for an alcohol implant procedure, detoxification, or psychotherapy, the Medical Entity contacts the Patient no later than within 24 hours from the date the payment is credited and agrees on the date for the performance of the service.
  9. The Medical Entity contacts the Patient by telephone to agree on the date for the performance of the service, a maximum of two times, at intervals of three hours. In the case of an order placed before 6:30 PM, contact will be made once on the same day before 7:45 PM and once on the following day.
  10. In the case of an order placed after 8:00 PM, contact will be made twice on the following day, at intervals of three hours.
  11. In the event that the Medical Entity is unable to contact the Patient, the appointment shall be cancelled and the funds paid shall not be refunded.
  12. The provisions on consumer rights, including the Consumer Rights Act of 30 May 2014, do not apply to the provision of healthcare services.
  13. In the event of withdrawal from the performance of a healthcare service due to a fault attributable to the Medical Entity, the Patient shall be offered an alternative date. If the Patient does not accept the new date, the fee paid shall be refunded. The above shall not apply to the non-performance of a service due to force majeure.
  14. The payment made shall not be refunded in the event that the provision of the selected service is not possible due to the patient's state of health at the time of reporting or when medical contraindications exist.
  15. Information about contraindications to the performance of a service is included in the service description. By purchasing a given service, the Patient accepts that they have read the presented contraindications and bears full responsibility for providing truthful information regarding their state of health.
  16. A refund of 100% of the amount paid is due to a Patient who cancels an appointment more than 2 business days before the scheduled date of its performance.
    1. Cancellation of an appointment and simultaneous scheduling of a new appointment does not trigger the re-activation of the right to a refund - the entitlement to a refund applies exclusively to the original appointment.
    2. In the event that an appointment is scheduled for the day preceding the procedure or the day on which the procedure is to take place, the Patient is not entitled to a refund, regardless of the reason for the cancellation.
  17. The reservation fee constitutes part of the price of the healthcare service, is credited towards the total amount due, and is non-refundable in the event of the Patient's withdrawal.
  18. In the event that the Patient cancels their appointment without observing the two-business-day notice period, the Patient shall be entitled to reschedule free of charge up to two times within 30 days from the date of purchase.
  19. In the event that the Patient does not exercise the right to schedule an appointment within the indicated period, the Medical Entity shall have the right to retain 100% of the fee paid on account of operational costs.
  20. In the event that the Patient fails to attend the alcohol implant or detoxification appointment without having previously attempted to reschedule, the Patient shall be entitled to set a new date within 7 days upon payment of an additional fee of 100.00 zł. Otherwise, the Medical Entity shall have the right to retain 100% of the fee paid.
  21. In the case of purchasing a home-visit detoxification service, cancellation less than 6 hours before the scheduled performance shall result in the loss of 100% of the amount paid. Cancellation between 24 and 6 hours before - the right to a new date within 7 days upon payment of 100.00 zł.
  22. In the event that the Patient presents for the alcohol implant procedure in a condition that prevents the performance of the service (e.g. having consumed alcohol or psychoactive substances), the Patient shall have the right to schedule a new appointment within 7 days, upon payment of an additional fee of 250.00 zł for the pre-procedure medical consultation.
  23. E-consultations conducted by persons practising medical professions are carried out using electronic means of communication, in accordance with Art. 3(1) u.dz.l.
  24. E-consultations are performed on the basis of an interview conducted with the Patient in the form of an e-questionnaire.
  25. The result of an e-consultation may be the issuance of a prescription to the Patient, provided that, in the physician's opinion, this is consistent with current medical knowledge. Refusal to issue an e-prescription due to the absence of medical grounds or patient safety does not constitute grounds for a refund.
  26. An e-consultation is general in nature and in no case replaces specialist treatment.
  27. By accepting these Terms of Service, the Patient declares that all information provided during the medical interview is true and to the best of their knowledge.
  28. The Patient is obliged to provide truthful answers. Providing untruthful answers constitutes the Patient's contribution to the occurrence of damage (Art. 362 k.c.).
  29. By accepting these Terms of Service, the Patient declares that they undertake to read the information on the manner of providing services and the information regarding contraindications for the performance of the alcohol implant procedure/detoxification.
  30. The Medical Entity permits the amendment of a previously purchased healthcare package or type of service no later than 2 business days before the planned appointment date.
    1. On the day of the appointment, it is not permitted to withdraw from the purchased package or to change to a service of lesser value. The fee paid shall not be refunded.
    2. On the day of the appointment, it is permitted to change to a service of greater value, provided that the Patient pays the price difference and insofar as this is justified by the patient's state of health.

§ 3. Individual Medical Documentation

  1. Medical documentation relating to services provided within the scope of e-consultations is created, recorded, stored and archived in accordance with the provisions of u.p.p.
  2. The Patient has the right to access individual medical documentation created during the e-consultation process.
  3. A Patient seeking the disclosure of medical documentation in the form of electronic data transmission is required to complete a request form, submitted by email to: kontakt@nasz-gabinet.pl. The request shall be processed within 30 days of its receipt.
  4. The Patient has the right to designate a contact person(s) authorised to obtain medical documentation during the Patient's lifetime (request form No. 2 sent to kontakt@nasz-gabinet.pl). The declaration regarding the designation of an authorised person shall remain valid until revoked by the Patient.
  5. Revocation of a previously submitted declaration is made by completing request form No. 3, submitted via email to the address kontakt@nasz-gabinet.pl.
  6. Medical documentation is made available without undue delay after receipt of the request.
  7. Close persons who have not been designated by the Patient as authorised persons do not have the right to obtain the documentation during the Patient's lifetime.
  8. In the event that the Patient did not object to the disclosure of documentation after their death, a close person shall have the right to obtain the Patient's medical documentation, provided that no other close person objects.
  9. In the event that the Patient objected during their lifetime to the disclosure of medical documentation after their death, in non-contentious proceedings, the court may grant consent to the disclosure if this is necessary for the purpose of pursuing compensation or for the protection of the life or health of a close person.
  10. The Patient bears full responsibility for the use of the content contained in the medical documentation disclosed in the form of electronic data transmission.
  11. After the expiry of the archiving period, the Medical Entity destroys the medical documentation in a manner that prevents the identification of patients. Documentation designated for destruction may be released to the Patient or an authorised person at their express request.

§ 4. Complaint Procedure

  1. A Patient who has reservations regarding the scope, manner or quality of services provided is entitled to file a complaint.
  2. The complaint should contain the reason for filing the complaint, the Patient's claim, and current personal and contact data.
  3. The complaint should be submitted electronically to the email address: kontakt@nasz-gabinet.pl within an absolute deadline of 14 days from the date the irregularity occurred.
  4. The Medical Entity undertakes to process a correctly submitted complaint within 30 business days of its receipt and to send a response to the indicated email address.
  5. By accepting these Terms of Service, the Patient declares that they have been informed that each complaint is reviewed individually, and the manner of its resolution, including any potential refund, shall take place upon the conclusion of an individual agreement between the Patient and the Medical Entity.

§ 5. Personal Data Protection

  1. The Medical Entity ensures full protection of data confidentiality in accordance with the Personal Data Protection Act of 10 May 2018 and the GDPR.
  2. By accepting these Terms of Service, the Patient declares that they have been informed that health-related personal data includes all data concerning the health of the data subject, revealing information about the past, present or future state of physical or mental health.
  3. Personal data of registered persons are disclosed to the following categories of recipients:
    1. persons practising medical professions employed by or cooperating with the Controller,
    2. persons performing ancillary activities,
    3. medical entities cooperating to ensure continuity of treatment,
    4. persons authorised by the Patient,
    5. technical service providers,
    6. providers of legal and advisory services,
    7. entities maintaining medical registers,
    8. other entities authorised under applicable legal provisions.
  4. The retention period for personal data of registered persons depends on the legal basis for their processing:
    1. medical documentation - 20 years from the end of the calendar year in which the last entry was made;
    2. data processed on the basis of legal obligations - in accordance with applicable law (as a rule, 5 years - accounting data);
    3. data under Art. 6(1)(b) GDPR - until the completion of activities necessary for the performance of the contract;
    4. data under Art. 6(1)(f) GDPR - until the fulfilment of the legitimate interests of the Controller or until an objection is lodged.
  5. The scope of rights available to a registered person:
    1. the right to access data and to have it rectified always applies;
    2. in cases indicated in the GDPR - the right to erasure of data and restriction of processing.
  6. The right to request erasure of personal data does not apply, inter alia, when processing is necessary for reasons of public interest in the field of public health (Art. 9(2)(h) GDPR).
  7. In the case of data processed under Art. 6(1)(f) GDPR - the right to object to processing.
  8. In the case of data processed under Art. 6(1)(b) GDPR - the right to data portability.
  9. Regardless of the legal basis for processing, the right to lodge a complaint with the President of the Personal Data Protection Office applies.
  10. In the course of the Medical Entity's current operations, automated decision-making does not take place and profiling does not occur.

§ 6. Liability of the Medical Entity

  1. The Medical Entity shall not be liable for damages incurred by Users such as: inability to conduct e-consultations via the portal, interruptions in access to portal resources, loss of data, caused by force majeure, failure to read the Terms of Service, improper functioning of internet service providers' connections, hardware or software failures, or non-compliance with the rules of the Terms of Service.
  2. The Medical Entity shall not be liable for damages arising from the Patient providing untruthful answers to the questions in the questionnaire used for conducting an e-consultation.
  3. The Medical Entity shall not be liable for consequences resulting from the Patient's failure to read the information on the manner of providing services, including information regarding contraindications for the performance of the alcohol implant procedure or the detoxification procedure.
  4. The Medical Entity shall not be liable for damages incurred by the Patient in connection with the refusal to perform the alcohol implant procedure/detoxification due to the existence of grounds which, in accordance with the current state of medical knowledge/the Patient's state of health, constitute a basis for refusing to perform the service at the scheduled date.
  5. The Medical Entity shall not be liable for the use of the content contained in the medical documentation by the Patient and persons who obtained the medical documentation on the basis of an authorisation submitted by the Patient.

§ 7. Final Provisions

  1. The Controller of Patient personal data is the Seller - North Medical Holding Sp. z o.o. Nasz Gabinet Sp.k.
  2. Patient personal data is collected and processed by the Medical Entity for the purpose of performing the agreement concluded with the Patient and, if the Patient has given consent, for the purpose of sending commercial information.
  3. The Medical Entity declares that Patient personal data may be transferred to third parties solely for the purpose of performing the agreement concluded with the Patient or in situations where required by applicable provisions of Polish law.
  4. The privacy policy and "cookies" policy are set out in a separate document entitled "Privacy and Cookies Policy", available at www.nasz-gabinet.pl/cookie-policy/.
  5. The content constituting works and published on the website, including its logo, name and graphic design, photographs, texts and advertising slogans, are subject to copyright protection of the Seller or another entitled entity.
  6. When purchasing healthcare services on the website www.nasz-gabinet.pl and rejestracja.nasz-gabinet.pl, it is necessary to read the applicable Terms of Service. Failure to accept them obliges the user to leave the aforementioned domains. The Medical Entity enables contact for the purpose of concluding an agreement on terms other than those established in the Terms of Service.
  7. The Medical Entity reserves the right to grant discounts from the prices indicated in the Terms of Service, on the basis of an individual agreement with the Patient.
  8. The Medical Entity reserves the right to undertake all actions permitted by law in the event of liquidation or a change in the nature of its medical activity.
  9. These Terms of Service shall enter into force on the date of their publication.