§ 1 DEFINITIONS

1. Application – the application called Patient Essentials, available within the mobile application offered by the Service Provider,
2. Civil Code – the Act of 23 April 1964. – Civil Code.
3. Privacy Policy – a document available on the Application, setting out the rules related to the processing of personal data by the Service Provider through the Application, being the Service Provider’s fulfilment of the information obligation referred to in the Personal Data Protection Regulations,
4. Terms and Conditions – these Terms and Conditions, specifying the rules of use of the Application. The Rules and Regulations are made available free of charge through the Application in a form that allows them to be downloaded, saved and printed so that they can be easily read,
5. Agreement – an agreement for the provision of services, provided by the Service Provider through the Application – concluded between the User and the Service Provider, for a specified period of time, in the Polish language, under the terms and conditions set out in the Application Rules,
6. Device – an external mobile device which meets the technical requirements specified in the Terms and Conditions, allowing the installation and use of the Application,
7. Services – all services provided electronically by the Service Provider to Users under the Agreement through the Application,
8. Service Provider – Niezbędnik Pacjenta sp. z o.o. with its registered office in Wrocław at: ul. Swojczycka 38E, 51-501 Wrocław, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for Wrocław Fabryczna in Wrocław , VI Economic Division of the National Court Register, under KRS number: 0001052695, NIP: 8952260617, REGON: 52610088100000,
9. User – a person who has fulfilled the conditions set out in the Terms and Conditions and is using the Application,

§ 2. GENERAL PROVISIONS

1. These Terms and Conditions apply to the Services provided by the Service Provider through the Application.
2. The Service Provider is the owner and administrator of the Application.
3. Notices, advertisements, price lists and other information provided in the Application shall be construed as an invitation to conclude an Agreement in accordance with Article 71 of the Civil Code.
4. Services within the Application are provided within and outside the territory of the Republic of Poland.
5. The use of the Application is free of charge.
6. The Service Provider shall take the utmost care in performing the Services.
7. The provisions of these Terms and Conditions are not intended to exclude or limit any of the rights of the User who is a Consumer to which he is entitled under generally applicable laws, including in particular the provisions of the Civil Code and the Consumer Rights Act of 30 May 2014. In the event of any inconsistency between the provisions of these Terms and Conditions and the provisions referred to in this section, those provisions shall prevail.
8. The Terms and Conditions are an integral part of the Agreement, which is concluded by the User’s commencement of use of the Services and acceptance of the contents of the Terms and Conditions.

§ 3. CONDITIONS OF USE

1. In order to start using the Application, the User downloads the Application on the Mobile Device via the shop appropriate for the system supporting the Mobile Device, i.e. via AppStore (for iOS) or Google Play (for Android).
2. The app is available for Mobile Devices meeting the following technical requirements:

1. Android version 9 minimum
2. iOS version 15 minimum.

3. The User may only be a natural person who has full legal capacity. The use of the Application by persons over the age of thirteen is conditionally allowed, in the event that they have limited legal capacity and the willingness of such a User to conclude an agreement is known to the User’s legal guardian and will be confirmed by him or her, in particular at the request of the Service Provider.
4. The User shall protect the confidentiality of the information allowing access to his/her Application, in particular by not disclosing this information to third parties .
5. The Services provided by the Service Provider are intended exclusively for the Users’ own use and may not be used in part or in whole for any other purpose, in particular of an advisory or informative nature for others, or for comparison or reference purposes.
6. The User is obliged to use the Services only in accordance with these Terms and Conditions, applicable laws and good practices accepted for the use of the Internet and services provided through it.
7. The full Services provided through the Application may be used by persons who have concluded an agreement with the Service Provider for the provision of telecommunications services through the Application on the basis of acceptance of the Terms and Conditions.
8. You may not take any action that could affect the correct functioning of the Application, in particular you may not interfere with the Application’s algorithms or its source code.
9. The User shall refrain from copying, modifying, distributing, reprinting, transmitting or using in any other way (including, in particular, for marketing, commercial or profit-making purposes), the Materials posted on the Application without the written consent of the Service Provider or any other person or third party who holds intellectual property rights to the Materials, with the exception of the use of these Materials within the framework of permitted use as referred to in the provisions of the Act of 4 February 1994 on Copyright and Related Rights.
10. A breach of the provisions of the preceding paragraph could constitute an infringement of the law and thus give rise to civil or criminal proceedings against the persons or entities engaging in such practices.

§ 4 APPLICATION FUNCTIONALITY

1. Within the Application, the User gains the ability to:

1. quickly find the medical facility appropriate to the user’s health problem, taking into account the location,
2. display of a map with surrounding medical facilities,
3. display of contact details of individual medical facilities,
4. redirection to navigate directly to the address of the selected medical facility,
5. familiarise yourself with the schedule and working hours of the medical facilities,
6. to read advice of a medical nature,
7. adding notes.

2. The application is available in three language versions: Polish, English, Ukrainian. The Application has been translated into English and Ukrainian by means of the DeepL tool (https://www.deepl.com/pl/translator. The Service Provider is not responsible for mistranslated content made available in the Application.
3. 1In order to use selected features of the Application, you may be asked to agree to allow the Application to access selected features of your mobile device or to allow you to receive notifications from the Application, including sharing your location. You may change the permissions granted to the Application at any time on your mobile device, but this may result in a limitation of the functionality of the Application.
4. The user can choose to use the Application on the basis of the relevant module: Adult, Child, Pregnant.
5. The user has the option at any time to use the emergency button available in the App to be redirected to a 999 call.
6. The Application does not store Users’ personal data, including health data. The data entered into the Application in the Medical Notebook functionality, are not shared or stored in the Application. The Provider does not have access to the data entered, they are stored on the User’s Mobile Device.
7. The Service Provider stipulates that the Application is for informational purposes and is not intended to diagnose a medical condition or to save life or health. In the event of a life or health emergency, the User should immediately contact the nearest medical facility or use the emergency number.
8. The Service Provider reserves that the information on medical facilities in the Application has been obtained from publicly available sources, including official portals. Thus, the Service Provider shall not be liable for any discrepancy between the information on medical facilities in the Application and the actual state of affairs.
9. The Provider stipulates that it shall not be liable for the refusal of a medical facility’s staff to provide a service to the User in cases where publicly available information about the medical facility indicates that the facility provides such services.
10. The service provider is not responsible for the consequences of the services provided by the medical facility to the User, including the quality of the service, the deterioration of the medical condition or the failure to meet other expectations of the User.
11. The Service Provider stipulates that the medical advice displayed in the app is for information purposes only and is in no way a substitute for a medical, medical or specialist consultation.
12. The Service Provider reserves the right to limit or extend the functionalities available in the Application at any time. The Provider will inform Users of any planned change by means of messages displayed on the Application.

§ 5 COMPLAINTS

1. In the event of disruptions related to the provision of Services by the Provider (functionality of the Application), they may be complained about by Users by means of a notification sent by e-mail to: kontakt@niezbednikpacjenta.com.pl 24 hours a day.
2. The complaint should specify, in particular, the subject matter of the complaint and a description of the interference with the functioning of the Application.
3. Complaints shall be considered by the Service Provider within a period not exceeding 14 calendar days from the date of receipt of the complaint. Within this period, the User will be informed of the resolution of the submitted complaint by an electronic message sent to the electronic mail address indicated in the complaint.
4. The Service Provider only accepts complaint notifications from Users.

§ 6. TERMINATION OF THE CONTRACT

1. The User has the right to terminate the Agreement, without giving reasons, at any time.
2. The exercise of the right referred to in the preceding paragraph requires the deletion of the Application from the Mobile Device (permanent uninstallation of the Application).
3. The Service Provider reserves the right to discontinue the provision of electronic services in the form of making the Application available at any time and without giving any reason. Discontinuation of service provision by the Service Provider shall be preceded by an appropriate message in the Application or mobile shop and shall result in the User’s inability to use the Application and the need to delete it from the memory of the mobile device.

§ 7 LIABILITY OF THE SERVICE PROVIDER

1. The Service Provider informs that, pursuant to Article 15 of the Act of 18 July 2002 on the provision of services by electronic means, it is not obliged to check the data it transmits, stores or makes available, as referred to in Articles 12-14 of the said Act.
2. The Service Provider shall not be liable for the obligations of Users arising from their actions through the Application.
3. The Service Provider shall not be responsible for the data entered by the Users in the Application and shall not be liable for any actions carried out by the User which contributed to any damage in relation to that User or other Users or third parties, or which prevented or hindered the provision of services by the Service Provider.
4. The Service Provider shall not be liable for any interruption in the functioning of the Application and any damage incurred by the User as a result thereof if caused by a force majeure event that could not have been foreseen or, if the occurrence of the force majeure event was foreseeable, if the effects of the force majeure event could not have been prevented.
5. The Service Provider is not responsible for any malfunction of the Application resulting from the User’s Mobile Device.
6. The Service Provider shall not be liable for the non-functioning or improper functioning of the Application on a device which does not meet the technical requirements referred to in §3 of the Terms and Conditions.
7. The Service Provider shall not be responsible for the malfunction of the operating systems that are required to run the Application, as well as software other than the Application installed on the Device or downloaded to the Device.
8. The Service Provider shall not be liable for the non-performance or undue performance of services by the telecommunications operators with which the User has concluded contracts, in particular with regard to the connection to the Internet, as well as for the amount of the charges for these services.
9. The Service Provider shall not be liable for Users’ temporary inability to use the Application due to a technical interruption.

§ 8 PROTECTION OF PERSONAL DATA

1. The Service Provider is the Administrator of the Users’ personal data.
2. The Service Provider, as Administrator, processes personal data in accordance with the provisions of 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), the Act of 10 May 2018 on the protection of personal data and other relevant data protection legislation.
3. All detailed rules concerning the processing of personal data, including in particular the purposes and legal basis of the processing and the rights of Users as data subjects, are contained in the Privacy Policy.

§ 9. FINAL PROVISIONS

1. The Service Provider reserves the right to introduce restrictions on the use of the Application due to its technical service, maintenance work or work on improving its functionality. At the same time, the Service Provider undertakes to do its best to ensure that such restrictions and interruptions take place at night and last as short as possible.
2. The Service Provider reserves the right to amend these Terms and Conditions. Amendments shall enter into force at the time expressly indicated by the Service Provider, not earlier than 30 days after their announcement. Amendments to the Terms and Conditions must not affect the rights of Users acquired prior to the amendments. Changes to the Terms and Conditions will be communicated to the Users by e-mail and through notifications in the Application.
3. Any disputes between the Service Provider and the User – subject to their mutual agreement – will be resolved amicably or in the presence of an independent and impartial mediator.
4. A user who is a Consumer may:

1. make use of the out-of-court ways of handling complaints and pursuing claims referred to in the Act of 23 September 2016 on out-of-court resolution of consumer disputes (Journal of Laws No. 1823), and the entity authorised to conduct proceedings on out-of-court resolution of consumer disputes, to which the Service Provider is subject, is the Lower Silesian Regional Inspector of Commercial Inspection in Wrocław (address: ul. Ofiar Oświęcimskich 15A, 50-069 Wrocław, e-mail: sekretariat@wiih.wroclaw.pl, website: https://wiih.ibip.wroc.pl/public/ ),
2. file a complaint via the EU ODR online platform, available at the following link: http://ec.europa.eu/consumers/odr/.

5. Any matters not covered by these Terms and Conditions shall be governed by the relevant provisions of generally applicable law, including in particular the provisions of the Civil Code, the Consumer Rights Act, the Copyright and Related Rights Act and the provisions on personal data protection.
6. Terms and conditions effective as of 26.08.2024