Terms and Conditions
TERMS AND CONDITIONS OF USE OF THE "HELFIO" WEBSITE
1. WHO ARE WE? General terms and definitions
- 1.1. Dear Users, we would like to present to you our “Helfio” website, which we have designed and developed in order to assist you in gathering and arranging information about your health, in collecting knowledge and experience in the area of health care and preventive health services, as well as to recommend and suggest medical appointments, and to enable you to contact other Users with a view to sharing health care-related knowledge and experience.
- 1.2.In the Terms and Conditions of Use of our website we will specify types of services offered by us through this website, terms and conditions for providing such services, ordering them and paying for them, as well as the complaint handling procedure. The Terms and Conditions of Use are made available free of charge before the conclusion of the Agreement. The Terms and Conditions of Use are accessible at the following address: www.helfio.com, but at your request we may also email them in PDF format to the email address provided by you so that you are able to access, read and record them at the time and place of your own choosing. You may read such PDF document using a dedicated tool, such as for example Adobe® Reader, which may be downloaded free of charge from the following website: www.adobe.com.
- 1.3. Whenever used in these Terms and Conditions of Use, the terms below are defined and understood as follows:
|Administrator/ Us||means Helfio Sp z o.o. with its registered office at ul. Grzybowska 87,00-844 Warsaw|
|Personal Data||means information concerning an identified or identifiable natural person (the "data subject").|
|Forum||means Helfio features which you will use in order to form discussion groups among Users, created for the purpose of keeping one another informed, sharing opinions, information and possessed knowledge about matters relating to your health condition, Problems, treatment methods applied and opinions about the application of specific medicinal products or medical devices, as well as for the purpose of participating in any groups already formed. The Forum does not allow for any Personal Data and information recorded on a Profile page to be made available.|
|Messenger||means Helfio features which you will use in order to communicate with other Users in private with the use of text messages and images, keep one another informed, share opinions, information and possessed knowledge about matters relating to your health condition, Problems, treatment methods applied and opinions about the application of specific medicinal products or medical devices. The Messenger does not allow for any Personal Data and information recorded on a Profile page to be made available.|
|Consumer||means any User being a natural person who uses the Website for purposes unrelated to his or her business or professional activity.|
|Physician||means a User being any natural person, legal person, organisational unit without legal personality, providing broadly defined health care services, which specifically includes: physicians, dentists, nurses, midwifes, physiotherapists, as well as any other entities carrying out any kind of medical activity.|
|Subscription Period||means a period of 31 days counted as from the day when the Licence Fee paid has been credited to our account.|
|Problem||means any medical incident or condition regarding physical or mental health described by you on the Profile page.|
|Profile||means your web space in the Website that has been created as a result of a registration complying with the Terms and Conditions of Use, which you may use after logging. This space contains your personal data and information about you, which you collect and process through Helfio, in particular: your full name, weight, height, nationality, sex, date of birth, personal number PESEL, insurance or medical card number, blood type, blood test results, pulse measurement results, email address, telephone number, information about your health condition (such as for example: Problems, medicinal products and medical devices used, opinions on them, disease details, medical appointments, etc.).|
|Terms and Conditions of Use||means these terms and conditions of use, along with all of the versions thereof.|
|Website/ Helfio||means an organised computer platform, comprising in particular: a software program, computer mechanisms, interfaces, as well as any and all data and information available through a web browser on the Website www.helfio.com.|
|Content||means any and all general (overall) reports, analyses, statistics, etc., specifically including opinions of all of the Users about treatment methods applied, medicinal products and medical devices used, as well as health care-related literature (articles), which we uploaded onto Helfio. We create reports, analyses and statistics, among other things, by analysing in general all of the information disclosed by you about Problems, as well as opinions about treatment methods applied, medicinal products and medical devices used.|
|Agreement||means a distance licence agreement, whereunder we will provide you with the Services in consideration for the fee specified in the Terms and Conditions of Use.|
|Services||means all of the services referred to in point 2.1. of the Terms and Conditions of Use.|
|Data Protection Laws||means 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) (L:2016:119, p. 1), as well as any other generally applicable provisions of Polish law or European Union law regulating personal data protection issues.|
|User/ You||means a natural person, a legal person or an organisational unit without legal personality using the Website or interested in using it. If you are over 13 years of age, you are allowed to use the Website exclusively with the consent of your parents or legal guardians. If you are under 13 years of age, all of the legal actions relating to the web portal should be performed by your parents or legal guardians.|
|Fee||means a fee due and payable to us for the Services we provide, counted in accordance with the Terms and Conditions of Use, which includes the Licence Fee.|
2. WHAT DO WE DO FOR YOU? Terms and conditions of providing the Services
- 2.1. In reliance upon the Terms and Conditions of Use, we provide the Service comprising the grant of a licence allowing you to use the Website and, in particular, to use the following Website features:
- 2.1.1. creating a Profile page and gathering further information on that Profile page. While using this Helfio feature you may, in particular, independently enter in a dedicated space your Personal Data and other information about you, use any available indices or calculators analysing your health parameters (i.e. age, weight, BMI, pulse, blood pressure, glucose level and others). In reliance upon data and information, the Website may create reports, charts and analyses regarding your health condition, indicate that reference indices have been exceeded and that physician’s advice should be sought;
- 2.1.2. using the Content, as well as calculators and indices available on the Website;
- 2.1.3. using the Forum;
- 2.1.4. using the Messenger and the search engine. One of the purposes of the Website is to enable the Users to contact one another via the Messenger, in particular, with a view to discussing a Problem. In order to make it possible for the Users to contact one another via the Messenger, the Website offers a search engine, which will search through the Problems reported by other Users and indicate whether or not other Users already described such Problems on the Website. The search engine does not provide any Personal Data of such Users, but only anonymously mentions them and allows for invitations to contact to be anonymously sent to such Users. We plan to have this feature launched as from March 2019;
- 2.1.5. making available Personal Data and information to the Users being Physicians and enabling such Users to add Personal Data and information on the Profile page. This feature will make it possible for you to generate a form with valid information you have gathered on your Profile page, to temporarily make available such form to a User being a Physician, as well as to temporarily allow such User to add Personal Data and information on your Profile page. We plan to have this feature launched as from September 2019;
- 2.1.6. lab (blood and urine) test results analyser. This feature will provide you with an automated analysis of blood and urine test results. We plan to have this feature launched as from December 2019.
- 2.2. Using the Website and its features is fully voluntary.
- 2.4. Notwithstanding our efforts made to continuously improve, upgrade and modify our Website, please be aware of the fact that we grant you a licence to use the Website provided “as is”, which means that you are granted a licence to use the Website delivered in the present condition without any guarantee of quality or further warranties other than those expressly stated in these Terms and Conditions of Use.
- 2.5. Subject to the restrictions resulting from the absolutely binding provisions of law, we will not bear any liability for data transmission errors caused, in particular, by failures of ICT systems, telecommunications systems or power supply systems, or for any data transmission errors resulting from delays on the part of a third-party data transmission service provider, or for any damage arisen in connection with the Website or with using the same or with inability of a User to use the Website or in connection with the Website being inoperative, errors, defaults, disruptions, operation delays or data transmission delays, computer viruses, IT line or system failures.
- 2.6. Please note that Helfio has been developed and operates exclusively for the purpose referred to in point 1.1. Helfio is not a medical website and no medical or health care services are provided thereon, in particular, no services are rendered that are aimed at diagnosing diseases or improving health condition. All of the Content is purely informative and educative in nature. All of the analyses of your health-related parameters are performed in an automated manner by way of applying appropriate algorithms entered into the Website software and consist in having them compared to reference ranges. Except where you make available your Personal Data and other information to a Physician using the relevant Website features, your Personal Data is not analysed in any way by entities professionally performing health care services and, thus, it does not constitute any comprehensive assessment of your health condition or represent any advice in this regard. No Content, reports or analyses may replace a professional health care service sought from an entity that is able to fully and comprehensively analyse your health condition and give you appropriate advice.
- 2.7. We protect data collected on the Website by applying, for example, the Secure Socket Layer (SSL), as well as other solutions designed to secure your data on the Website.
- 2.8. We will start providing you with the Services once the Agreement has been concluded and the Licence Fee has been paid for the first Subscription Period, unless we have allowed you a discount for using our Services. If you are a Consumer, we will be able to start providing you with the Services after the expiry of the time-limit within which you are entitled to rescind the Agreement, i.e. after the elapse of a period of 14 days from the day of the execution of the Agreement. If you wish to be provided with the Services on an earlier date, please make a request to this effect by clicking on the relevant checkbox while getting yourself registered onto the Website.
- 2.9. The using of our Website involves, among other things, the risk of unauthorised individuals gaining access to data transmitted over the network or stored on computers connected to the network and interfering with such data, which may, in particular, result in a loss of such data or unauthorised alteration thereof, or prevent the use of the services offered on the Website. For this reason, it is important for you to carefully read through the terms of using the Website set out in point 4 of the Terms and Conditions of Use.
- 2.10. The Administrator represents that:
- 2.10.1 it does not initiate the performance of the services offered on the Website or the transmission of the content expressed on the Website forum;
- 2.10.2 it does not select, influence or control the Users in any manner whatsoever;
- 2.10.3 it does not select, modify or accept the content posted on the Website by the Users, in particular, the Administrator does not control such content in terms of its compliance with the applicable provisions of law or observance of third-party rights.
- 2.11. You are allowed to use the Website only if you have turned 13.
3. OUR AGREEMENT How to conclude it?
- 3.1. These Terms and Conditions of Use constitute an integral part of the Agreement that we conclude with each other. You may read through the Terms and Conditions of Use at any time by accessing the respective webpage at the following address: www.helfio.com/regulamin. In order to be able to use the Website, it is necessary that you make yourself acquainted with the Terms and Conditions of Use and make a statement in a electronic form that you accept them by clicking on the relevant checkbox in the course of the registration procedure.
- 3.2. If you wish to use Helfio, it is necessary that you conclude the Agreement with us. Such Agreement is concluded at the time when the process of registration on the Website has been completed, i.e. once you have activated the Profile – after completing the registration form and making the required statements – using the activation link emailed to you and the code provided to you in an SMS sent to your telephone number.
- 3.3. During the registration process you should provide the required Personal Data marked as "obligatory". Such data should be valid and true. Misstating data and information (including stating third party’s data) is not allowed and may trigger liability on the part of the Website or third parties.
4. WHAT IS ALLOWED AND WHAT IS FORBIDDEN? Terms of using the Website
- 4.1. You collect your Personal Data on the Website, which – by reason of the Data Protection Laws – is subject to protection as hyper-sensitive data. That is why we implement appropriate technical and organisational measures in order to ensure the level of protection for your Personal Data prescribed by the Data Protection Laws. However, for such data to be properly protected, it is necessary that you also take measures with a view to having your Profile, along with Personal Data and information collected thereon, properly protected. For this purpose, you should:
- 4.1.1. restrict access to your Profile with a unique and secure password;
- 4.1.2. reset the Profile password every 30 days;
- 4.1.3. keep the login and password strictly confidential;
- 4.1.4. ensure that the device you use is properly protected with Firewalls and antivirus software;
- 4.1.5. refrain from logging in to the Website via open (public) free WIFI networks;
- 4.1.6. use in communication with other Users on the Forum and in the Messenger a pseudonym (nickname) that will not correspond to your Personal Data or that will correspond thereto in part only.
- 4.2. If you become aware of the fact that a third party has taken possession of data available on your Profile page, you should notify us thereof promptly, otherwise you will bear the risk connected with such third party using your Profile, as well as Personal Data and information collected thereon.
- 4.3. You are allowed to have only one account on the Website.
- 4.4. You will place Personal Data and information on your Profile page independently or, under your authority and with your consent, such Data or information will be placed by other Users. With the exception of the cases described in the Terms and Conditions of Use, Helfio does not interfere in any way whatsoever with, does not alter, add or perform any other operations on your Personal Data and information, except for those specified in the Terms and Conditions of Use, and does not verify any Data or information transmitted, stored or made available by you, and does not control the content provided by you on an on-going basis.
- 4.5. Our Website is addressed exclusively to Users being Consumers and to Physicians, who may use the Website for the needs of the activity carried out by them only for the purposes specified in point 2.1.5 of the Terms and Conditions of Use. Except as stated in the preceding sentence, you are not allowed to use the Website for the purposes of carrying out business or professional activity.
- 4.6. We have created Helfio exclusively for the purpose of providing you with the Services specified in the Terms and Conditions of Use. Therefore, you should use the Website only within the scope allowed by its features and in compliance with the nature thereof and with the purpose for which it has been created. You are not allowed to use the Website for purposes other than those specified above or in an unlawful manner, in breach of the general principles of community life or in violation of good practices and customs, in particular, for the purpose of carrying out activity or making available content that violates law and infringes upon third parties’ rights, the nature of which is: unlawful, obscene, offensive, vulgar, erotic, pornographic, inciting to violence, corruption, racism, homophobia, etc. That is why we have the right to block your Profile and to terminate the Agreement if you use the Website in breach of this provision.
- 4.7. The entire Website, in particular the Content and information contained thereon, as well as its software, all of the Website markings, labels, logos and trademarks constitute the object of intellectual property rights vested in us. Therefore, you are allowed to use the Website’s markings, labels, logos and trademarks exclusively in those exploitation areas that have been specified in the Terms and Conditions of Use, which in particular means that you are not allowed to make the following with respect to the Website: make any alterations, modifications, copies, examine its source code, carry out reverse engineering procedures, disassemble, reproduce, duplicate, disseminate, display derivative versions, translate the source code, or otherwise impact or influence the operation and integrity of the Website, upload any software on the Website, specifically any malware. That is why we have the right to block your Profile and terminate the Agreement if you use the Website in breach of this provision.
- 4.8. Please note that we do not follow any posts or content you place on the Website, but we respond – on an on-going basis – to any reports from other Users or entities regarding incompliance of such posts or content with law or the Terms and Conditions of Use. In the event that we receive an official notice of or reliable information about violation of third parties’ rights, absolutely binding provisions of law or the Terms and Conditions of Use, or other rules specified in points 4.6 or 4.7 above, we will be entitled to:
We will inform you about the exercise of the abovementioned rights without undue delay by emailing you the relevant statements and information to the email address indicated by you. The exercise of such rights does not restrict our right to claim damages on general terms set out in the applicable provisions of law.
- 4.8.1 immediately delete any posts or content which violate such provisions or otherwise rectify the effects of the breach;
- 4.8.2 immediately block your Profile and terminate the Agreement;
- 4.8.3 take other measures prescribed by the generally applicable provisions of law, i.e., in particular to make a crime report or to claim damages.
5. HOW MUCH DOES IT COST? Fee, Licence Fee and payment methods
- 5.1. In consideration for the licence granted to you for the use of the Website we do not charge the Licence Fee.
- 5.2. We reserve the right to introduce fees for additional functionalities that will appear in the system.
6. HOW LONG WILL YOU STAY WITH US? Term of the Agreement
- 6.1. We will conclude the Agreement for an unspecified term.
- 6.2. Withdrawal of Consent to the processing of your Personal Data will be treated as a termination of the Agreement.
- 6.3. We are entitled to terminate the Agreement with notice. The notice period is one month. We are allowed to exercise this right in the following cases:
- 6.3.2. if you take measures which might – even indirectly – bear the features of interference in the structures of the Website to which you have no access or if you destabilise the operation of the Website with your actions, irrespective of the method and technique of the abovementioned forbidden actions.
7. HOW O QUIT? Consumer’s right to rescind the Agreement
- 7.1. If you are a Consumer, you have the right to rescind the Agreement without stating the cause within 14 days from the day of the execution thereof. In order to comply with this time-limit it will suffice to send us a rescission notice regarding the exercise of that right before the elapse of the time-limit specified in the preceding sentence.
- 7.2. The rescission notice referred to in point 7.1 may be:
- 7.2.1 sent by traditional mail to our address provided in point 1.3, using for that purpose a form, the specimen of which constitutes Attachment No. 1 to the Terms and Conditions of Use (the use of the form is not obligatory)
- 7.2.2 emailed to the following email address: email@example.com, using for that purpose a form, the specimen of which constitutes Attachment No. 1 to the Terms and Conditions of Use (the use of the form is not obligatory) or by making any other clear and unambiguous statement to this effect.
- 7.3. If you have exercised the right to rescind the Agreement, referred to in point 7.1., we will return to you all of the payments you have made immediately – however, not later than within 14 days from the day of receipt of your rescission notice. If, however, you requested us to start providing the Services before the elapse of the time-limit for the rescission of the Agreement, you will be required to pay the Fee for the services provided until the time of the rescission.
- 7.4. Your payment will be returned using the same payment method as you used, unless you have expressly accepted any other method of return, which does not trigger any costs on your part.
8. IF YOU ARE UNSATISFIED Complaints
- 8.1. You have the right to lodge at any time a complaint about the manner of the operation of the Website or of our employees who manage the Website.
- 8.2. Complaints may be lodged by email to the following address: firstname.lastname@example.org.
- 8.3. While lodging a complaint, please remember to state your full name, address and/or email address, as well as to provide reasons for the complaint. Without such data we may not be able to comprehensively respond to your complaint.
- 8.4. We make every effort to handle complaints without undue delay, however, not later than within 30 days from the day when a given complaint was lodged. If the case described in your complaint is extraordinarily complex and it is not possible to handle the complaint and provide you with a response within the time-limit specified in the preceding sentence, we will give you notice of such fact by the date referred to above and set a new date for handling the complaint and responding to you in this regard, however, such time-limit will not be longer than 60 days from when the complaint was lodged.
- 8.5. We respond to complaints by email to the email address specified on your Profile page.
9. HOW DO WE PROCESS YOUR PERSONAL DATA?
10. THE END Closing provisions
- 10.1. Any matters not regulated by these Terms and Conditions of Use will be governed by Polish Law, specifically including the provisions of Consumers’ Rights Law dated 30 May 2014 (Journal of Laws of 2014, No. 827, as amended) and of the Civil Code.
- 10.2. Any disputes that may arise in connection with the performance of the Agreement will be settled by a competent court of law with jurisdiction over the registered office of the Administrator. The provision set out in the first sentence will not apply to the Users being Consumers.
- 10.3. Our Website has been continuously developing and extending its feature range, which is intended to facilitate its overall operation and to increase your satisfaction and comfort of using the Website. For those reasons, it might be necessary in the future to align these Terms and Conditions of Use with such new features and to amend the same accordingly. Each such amendment made to the Terms and Conditions of Use will be emailed to you to the email address you have provided and the relevant information about the amendment will be displayed on the screen at the time of the first logging in to the Website. If you do not accept amendments to the Terms and Conditions of Use, you may terminate the Agreement with the observance of the notice period. Until the elapse of the notice period you will be bound by the original (unamended) version of the Terms and Conditions of Use.
- 10.4. The Terms and Conditions of Use will come into effect as from 15 October 2018.