Carenabis Terms and Conditions

§1 Subject matter

These regulations specify the rules of using the CARENABIS.PL website (“Service”) and the CARENABIS mobile application (“Application”), including the terms and conditions of providing services electronically, technical requirements necessary for using the website, as well as the rules of registering visits, concluding agreements and the complaint procedure. 

 

§2 Definitions

Application – an app called CARENABIS that runs on mobile devices;

CARENABIS – the service provider, i.e. the company under the name Carenabis sp z o.o. located at: Twarda 18, 00-105 Warsaw, KRS: 0000973350, NIP: 5252908888, REGON: 522098489, entered in the Register of Entities Performing Medical Activities kept by the Mazovian Governor;

Price – the price per Visit as specified in the Price List;

Price list – a price list of medical services provided by CARENABIS, specified in the appendix to the Organisational Regulations and placed on the Website in the “Price list” tab;

E-prescription – an electronic prescription issued in accordance with the provisions of the Act of 6 September 2001. Pharmaceutical Law together with implementing regulations;

Contact form – a service provided electronically to provide Patients with access to contact CARENABIS as a service provider; 

Password – a sequence of letter, digital or other characters selected by the Patient during registration, used to secure access to the Patient’s Account;

Patient’s Account – the Patient’s panel set up on behalf of the Patient by the Service Provider, after registration, allowing the Patient to use the Application;

Consultation – a medical consultation, including the issuing of an E-prescription, provided by a doctor or specialist via ICT tools, including in particular a telephone call, online chat, video call, instant messaging;

Newsletter – information in the form of an e-mail sent cyclically by CARENABIS via e-mail to the e-mail address provided by the Patient at the time of registering the Patient’s Account, containing commercial information, in particular concerning the offer, Application, news, promotions, contests;

Patient – a person using or intending to use the health services provided by CARENABIS;

Privacy Policy – the rules for the processing of personal data applicable to the Service Provider;

Regulations – these Regulations;

Service – the CARENABIS.PL website;

Specialist – a doctor who provides healthcare services to patients;

Health service – an action to preserve, save, restore or improve health and other medical activities resulting from the treatment process;

Agreement – an agreement for the provision of healthcare services concluded between CARENABIS and the Patient as a result of placing an Order;

Licence agreement – an agreement on the basis of which a Patient’s Account on the Application is maintained and the Patient is granted the possibility to access the Patient’s Account and the services it provides.

Services – the services provided electronically by CARENABIS through the Service and the Application;

Order – submission by the Patient of a declaration of intent aimed directly at the conclusion of the Contract.

 

§3 General provisions

  1. All rights to the Service, including the Internet domain, the website of the Service, the Application, as well as the templates, forms, logos placed on the website of the Service shall be vested in CARENABIS, and the use of such rights may be performed only in the manner specified and in accordance with the Regulations and with prior written consent of CARENABIS.
  2. In order to use the Website, including registering for a Consultation, it is necessary to have a computer or other device that allows the use of the Internet using one of the standard web browsers, including, in particular, Google Chrome, Mozilla Firefox, Safari or Opera, with the possibility of saving cookies and providing support for Java script. 
  3. You may not provide unlawful content or use the Website in any way that is unlawful, immoral or in breach of third party rights. 
  4. The information contained on the Website and Application shall not constitute an offer within the meaning of the Civil Code, but only an invitation to Patients to submit offers to conclude an Agreement. Ordering a Consultation by a Patient shall be tantamount to the Patient making an offer to conclude an Agreement.

 

§4 Services and Payments of the Service

  1. CARENABIS provides the following Services through the Service:
  1. consultation, 
  2. contact form.
  1. The services referred to in paragraph 1(1) are provided against payment. The available forms of payment are: 
    1. rapid electronic transfer, 
    2. traditional transfer, 

    3. BLIK,

    4. payment by card.

  2. Payments on the Website are made through PayU, whose owner and operator is PayU S.A., based in Poznań at ul. Grunwaldzka 186, 60-166 Poznań, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań Nowe Miasto and Wilda, VIII Economic Division of the National Court Register under KRS number 0000274399, NIP number 7792308495.

  3.  Prices are expressed in Polish zloty, in gross amounts.

  4. CARENABIS may apply discounts that are accrued by means of discount coupons granted by CARENABIS during promotional actions, which CARENABIS informs about in its information channels, including through the Service.

 

§5 Application

  1. Through the Application, CARENABIS provides the following Services:

  1. consultation, 

  2. contact form,

  3. providing the patient with a panel through which he can record analyses of his medical cannabis therapy and transmit the results to a specialist.

(2) The Application is available for download in the Google Play shop (for Android mobile devices) and the App Store (for iOS mobile devices). Downloading the App and installing it on a mobile device is free of charge. 

3 In order to set up a Patient’s Account in the Application, it is necessary for the Patient to have an e-mail address. In order to register, the Patient shall fill in the registration form made available by CARENABIS on the Application. During Registration, the Patient sets an individual Password.

(4) When completing the registration form, the Patient has the opportunity to read the Terms and Conditions by accepting their content by ticking the appropriate box on the form.

(5) After submitting the completed registration form, the Patient shall immediately receive, by e-mail to the e-mail address provided in the registration form, confirmation of the Registration by the Service Provider. 

6 CARENABIS allows users to log in using a Google or Apple account. This makes logging in extremely easy and secure.

(7) The Patient who has registered may delete the Patient Account on his/her own.

(8) The subject of the Licence Agreement is the grant to the Patient of a non-exclusive right to use the Application for non-business purposes, consisting of: downloading the Application, saving it on a mobile device and using its functionalities.

 

§6 Consultations

  1. Ordering a Consultation is done by submitting an Order via the Service or the Application. 

  2. To place an Order the Patient:

  3. select the “Make an appointment” tab (for the first Consultation) or the “Make an appointment” tab (for any subsequent Consultation)

  4. completes the personal data in the registration form, including:

    1. name;

    2. PESEL;

    3. telephone number;

    4. e-mail address;

  5. The patient is obliged to provide data truthfully and without concealing any information relevant to the healthcare service provided. The provision of false, incomplete or unreliable information shall release CARENABIS from any liability for damage caused by the provision of, or failure to provide, a healthcare service on the basis of such information. 

  6. In order to finalise the Order, it is necessary to book and pay for the visit and accept the content of the Terms and Conditions and Privacy Policy. Pressing the “Register” button is tantamount to placing an Order and concluding a Contract. Placing an Order implies an obligation to pay. 

  7. Consultations are provided on weekdays, Monday to Sunday from 8 am to 8 pm. 

  8. The patient must not have any blockers set on their terminal device or software installed that could prevent the Specialist from making a call, including a call from a restricted number. 

  9. The patient is obliged to carry an identity document and to show it at any request from the Specialist. 

  10. The expected duration of the Consultation shall not exceed 15 minutes.  The decision to terminate the Consultation shall be taken by the Specialist taking into account the Patient’s welfare and the purpose of the Health Service provided. 

  11. The Specialist may discontinue the provision of a Health Service at any time if the Patient commits a breach of these Terms and Conditions. 

  12. In the case of an E-prescription order, once the Order has been placed and paid for, the relevant Specialist shall, within 24 hours of the Order being placed, decide whether or not to issue the E-prescription on the basis of the information provided by the Patient and the analysis of the medical records presented by the Patient. 

  13. The specialist is entitled to refuse to issue an E-prescription in any case where its issuance would be contrary to current medical knowledge or where the information provided by the Patient, including the data contained in the medical records, would be insufficient for its issuance or would raise substantial doubts as to its reliability or truthfulness. 

  14. When an E-prescription is issued, the Specialist transmits the prescription code to the Patient on the telephone number indicated by the Patient or discloses the prescription in the Online Patient Account.

  15. The health services referred to in paragraphs 1 -13 above shall be documented in medical records kept in accordance with the provisions of generally applicable law.

 

§7 Contact form

  1. The Contact Form service is provided free of charge. The service consists of contacting the Patient by writing a message back to the e-mail address provided by the Patient or calling him/her back. The data provided is only processed in accordance with the purpose for which it was provided.

  2.  The contact form can be used by any user of the Website after providing the necessary fields in the form and agreeing to the processing of the personal data contained therein for the purpose of contacting the user. 

  3. Using the form is tantamount to accepting the terms of service set out in these Terms and Conditions. 

 

§8 Complaints and refunds

  1. Patients can make a complaint about a Visit by sending an email to: kontakt@carenabis.pl.

  2. The complaint shall include, in particular: the Patient’s name and surname, mailing address, electronic mail address (e-mail address) to which a response to the complaint is to be sent if the Patient wishes to receive a response to the complaint by e-mail, indication of the date of the Visit, a detailed description of the reasons for the complaint and the date on which it was made, the Patient’s request, as well as the Patient’s preferred method of being informed about the manner of processing the complaint. 

  3. CARENABIS shall consider and respond to the complaint without delay, no later than within 30 days from the date of submission of the complaint. The Patient shall be informed about the manner of complaint consideration in accordance with the data indicated in the complaint notification.

  4. In case the Service cannot be provided for reasons attributable to CARENABIS, CARENABIS shall inform the Patient about the above circumstance. Within 14 days of being informed about the above circumstance, the Patient may, at his/her choice:

    1. rescind the Contract and claim reimbursement of the Price paid, or

    2. agree with CARENABIS on a different date for the performance of the Service.

  5. The provisions of paragraph 4 shall not apply if the inability to provide the Service is due to reasons attributable to the Patient, in particular if the Patient:

    1. provides false or unreliable data, including information concerning his or her health;

    2. makes a false or dishonest declaration;

    3. provides false or unreliable documents;

    4. will not receive calls from the Specialist in connection with the attempted Consultation;

    5. otherwise violates the Terms of Use.

  6. The refund of the Price paid in the case referred to in paragraph 4 a will be made immediately, at the Patient’s choice:

    1. to a bank account designated by him, or

    2. in the same form in which he paid the Price.

  7. Pursuant to Article 3(1)(7) of the Consumer Rights Act of 30 May 2014, the provisions on the consumer’s right of withdrawal from a distance contract do not apply to the Contracts.

 

§8 Protection of personal data

The rules for the processing of personal data are set out in the Privacy Policy attached to the Terms and Conditions. The Privacy Policy is available at: 

https://carenabis.pl/polityka-prywatnosci/.

 

§9 Out-of-court complaint and redress procedures

  1. In the case of a dispute, the Patient may use out-of-court ways of handling complaints and pursuing claims. In particular, the Patient shall be entitled to apply to the regional inspector of the Commercial Inspection to initiate mediation proceedings or to apply to the permanent arbitration court for consumers operating at the regional inspector of the Commercial Inspection to resolve a dispute arising from the concluded Agreement.

  2. Patients can also obtain free assistance and the necessary information from the district consumer ombudsmen. 

  3. Patients who are Consumers may also use the Online Dispute Resolution (hereinafter referred to as ODR) platform available at http://ec.europa.eu/consumers/odr/ operating within the European Union. The ODR platform provides a one-stop shop for consumers and traders seeking out-of-court dispute resolution. The ODR platform is an interactive website which can be accessed electronically and free of charge in all official languages of the European Union. 

  4. Detailed information on out-of-court dispute resolution between a trader and a consumer can be found on the website of the Office of Competition and Consumer Protection at: 

https://www.uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php. 

 

§10 Final provisions

  1. In matters not covered by these Terms and Conditions, the provisions of Polish law shall apply, except that the provisions of the Consumer Rights Act of 30 May 2014 shall not apply to the Contracts, pursuant to Article 3(1)(7) of the aforementioned Act.

  2. CARENABIS reserves the right to amend these Regulations. Amendments to the Regulations shall become effective and enter into force on the date indicated by CARENABIS, however not earlier than 14 calendar days counted from the moment of placing information on amendments to the Regulations on the CARENABIS.pl website. 

  3. The Regulations include the following annexes: 

    1. Appendix 1 – Privacy Policy;

 

The regulations shall enter into force on 1.07.2022.