§1 General rules
Rules of the WEMENDERS.com Internet portal (hereinafter referred
to as the WEMENDERS portal) specifies the terms and conditions for
setting up and running by WEMENDERS Foundation (hereinafter
referred to as the WEMENDERS Foundation) Accounts for the User,
Specialist, Institution and for providing by WEMENDERS Foundation
services to Users, Specialists and Institutions through the
1. Administrator - the Administrator of the WEMENDERS portal is
the WEMENDERS Foundation, with its registered office located at ul.
Długa 23/25, office no. 21 in Warsaw 02-038, entered into the
Register of Entrepreneurs of the National Court Register carried
out by the District Court of the Capital City of Warsaw the
Commercial Division of the National Court Register, under
number KRS [National Court Register no.] 0000250036, NIP [tax
identification no.] 586-216-80-13, REGON [National Business
Registry no.] 220197593.
2. Database - a collection of data containing secured personal
details of Users, Specialists, Institutions of WEMENDERS portal and
other data needed for proper portal running.
3. Price list - list of prices of services offered by the
WEMENDERS portal Administrator.
4. User - physical person that's neither a Specialist nor an
Institution, that uses WEMENDERS portal and has the access to its
services by accepting the Rules and going through registration
5. Specialist - a doctor, psychologist, therapist and other
not listed WEMENDERS portal users that perform medical and
paramedical activities, that has the access to the WEMENDERS portal
services by accepting Rules and going through registration
6. Institution - legal person or an organisational entity without
legal status that performs medical and paramedical activities and
that has the access to the WEMENDERS portal services by accepting
Rules and going through registration procedure. There is division
between public and private institutions.
7. Specialist Profile - a reliable collection of information and
opinions about a particular Specialist placed on the WEMENDERS
8. Institution Profile - a reliable collection of information and
opinions about a particular Institution placed on the WEMENDERS
9. Account - a place on the WEMENDERS portal which is available
exclusively for a registered User, Specialist or an Institution
where they can manage their data and an entry in the Database of
the WEMENDERS portal that contains information about an access to
specific Services and information.
10. Service - the WEMENDERS portal renders the following
a. Presentation of Specialist and Institution profiles;
b. Consultation of a Specialist or an Institution with a User by
means of the online Consultation service, an email through the
contact form or a telephone consultation;
c. Depression tests finished with reports;
d. Consultations of a User with a Specialist or an Institution by
means of the online Consultation service, an email through the
contact form or a telephone consultation.
11. Discussion forum - a functionality of the WEMENDERS portal
that enables a User, Specialist and Institution exchange opinions
on a particular topic and publishing their opinions on specific
subpages of the WEMENDERS portal.
12. Price - a payment conditioning the access to services
specified in 10.c. and 10.d. The fee for particular Services is
defined next to the Service on a User Profile. The fee is payable
beforehand. It's set by the Administrator and is subject to
13. Subscription - a payment that enables using Services defined
in 10.b. A Specialist or a private Institution takes the
Subscription for a specific period (1 month, 3 months, 6 months, 12
months). The subscription period starts at receiving a payment
confirmation. The amount of Subscription for specific Services is
defined next to this Service in a Specialist Profile . It's set by
the Administrator and is subject to change.
14. Rules - the hereby document along with connected documents
published on the WEMENDERS portal subpages that are part of it
specifies terms and conditions of using the WEMENDERS portal by
Users, Specialists and Institutions.
§3 Registration on the WEMENDERS portal
1.The WEMENDERS portal can be used by natural persons that have
full legal capacity, legal persons and organizational units that
doesn't have legal personality but are able to acquire rights on
its own behalf and incur liability.
2. In order to get access to the WEMENDERS portal you have to go
through registration process: fill out the form on the website,
receive the email with information about registration and confirm
the registration. The full access to the WEMENDERS portal services
is possible only after registration.
3. If you want to use the WEMENDERS portal you have to
register using your real personal and contact details.
4. During registration you must choose the form of the
presence on the WEMENDERS portal:
a. User - according to §2(4);
b. Specialist - in accordance with §2(5);
c. Institution - in accordance with §2(6).
5. Upon confirmation of the Registration process the agreement is
concluded between registered entity and the WEMENDERS portal. The
subject matter of the agreement are services rendered by the
WEMENDERS portal under the conditions defined in the Rules.
6. By sending the registration form you accept the
conditions of the Rules and agree that the WEMENDERS portal,
cooperating companies and other entities collect, process and use
the provided information, now and in the future, for the
statistical and marketing purposes connected with the scope of the
company's activities, in information systems and other databases
according to Personal Data Protection Act dated on 29 August 1997.
(Dz. U. [Journal of Laws] no. 101, unit 926 as amended).
7. After proper Registration the WEMENDERS portal creates
for a User, Specialist or an Institution the Account assigned to
email account provided in the registration form. User, Specialist
or Institution get access to the Account after providing login and
8. After logging in the User can edit and complete information and
add some photos.
9. After logging in the Specialist and Institution can edit and
complete information and add photos and requires documents.
10. The WEMENDERS portal reserves the right to refuse
publication of the User, Specialist or Institution Profile without
giving any reason.
11. The WEMENDERS portal verifies the accuracy of the given
information on the Specialist and Institution Profile by
12. The User, Specialist or Institution is obliged to update
any Account information provided during Registration process if
there were any subsequent changes. The update should be made after
logging in by the use of the editing profile form which is
available on the WEMENDERS portal
13. The User, Specialist and Institution can possess only
one Account. In justified cases the Administrator can authorise
having more than one Account but it's unusual situation that
requires explaining the situation to the Administrator via
14. The User, Specialist and Institution may not use the
Accounts of other Users, Specialists or Institutions or share their
Account with other people. The exception to the above are accounts
of the Institutions that can be used by duly empowered person to
act on behalf of the Institution. The User, Specialist and
Institution should keep their passwords secret. Accounts are not
transferable and transferring them to other User, Specialist or
Institution without knowledge of the WEMENDERS portal is a
violation of the Rules.
15. By sending the registration form or logging in to the
WEMENDERS portal the User, Specialist or Institution declares
a. provided personal details are complete, true and in keeping
with actual condition;
b. provided details do not violate any rights of third parties;
it's forbidden to register under the name of somebody else;
c. they agree to receive systemic messages, including new message
or comment notifications, as well as information about technical
breaks, changes in the Rules or new functionalities or the
d. they agree to receive commercial information;
e. they agree to providing their full names in messages sent by
means of the WEMENDERS portal;
f. they agree that they details (user's name, specialization, work
experience) will appear in notifications about new post and topics
on Forum that are sent regularly to the group of Users, Specialists
or Institutions that ordered this service;
g. they agree they their users' names, personal details,
information about specialization and work experience and posts can
be used in informative and promotional materials created by the
h. they give consent for their personal data to be processed for
promotional purposes (according to the Data Protection Act dated on
29 August 1997; Dz. U. [Journal of Laws] no. 133, unit 883 );
i. they have read and accept the Rules and subscribe to
j. they will log in to the WEMENDERS portal just under their own
name and using their registration data.
16. By registering on the WEMENDERS portal the User,
Specialist or Institution is obliged to:
a. respect proprietary copyright including rights arising from
registration of trademarks, utility and industrial models of the
Administrator, Users, Specialists, Institutions and other
b. resign from carrying operations that breach the privacy of
other Users, Specialists, Institutions and involve primarily
collecting, processing and circulating information about other
Users, Specialists, Institutions without their explicit consent,
except cases when these operations are in accordance with hereby
c. refrain from any operations that could hinder or interfere the
d. refrain from taking any action to the detriment of the
Administrator, Users, Specialists or Institutions and other
e. refrain from promoting websites and services competitive to the
17. Deleting the account from the WEMENDERS portal.
a. The User is entitled to delete the account with immediate
effect by means of signing off from the WEMENDERS portal.
b. The specialist and Institution is entitled to delete the
account by means of signing off from the WEMENDERS portal. The
deleting procedure is finalized within 2 working days. If you want
to delete the account before the expiration of the subscription,
the difference in subscription is not reimbursable.
18. As a result of signing off the account is deleted from
the WEMENDERS portal, and Administrator deletes all the personal
details of the User, Specialist or Institution from the
19. After signing off the profile of User, Specialist or
Institution shall be no longer available.
20. The posts on the Forum made by the User, Specialist or
Institution are part of the WEMENDERS portal and stay there after
deleting the account.
21. In relation to the Users, Specialists, Institutions that
violate the provisions of the Rules the Administrator reserves his
right to send warnings to stop violation activities within 2
working days from the date of sending the warning or to send the
warning and suspend temporarily the access to the WEMENDERS
22. The Administrator reserves his right to delete immediately the
account of the User, Specialist or Institution if he considers
their activities are in breach of the law, the hereby Rules or if
they damage the good name or the interests of the Administrator or
other Users, Specialists or Institutions and if the User,
Specialist or Institution do not discontinue this activities in
time limit set out in §3(18).
23. Re-registration is possible only with the consent of the
24. in case of reasonably doubt about authenticity of the provided
personal details, the Administrator has the right to block the
access to the WEMENDERS portal to clarify the situation.
1. The resources of the WEMENDERS portal include
information, Services, goods, intangible property and other
available benefits coming from or offered by this portal or other
2. The WEMENDERS portal offers the personalized Services for the
User, Specialist and Institution such as:
a. Online consultation - the Service enabling running the
therapeutic session with chosen Specialist in real time via
Online consultation service are described in more detail in §6
b. Providing the results of the depression Test in the PDF
format; the service is paid and can be regulated by electronic
c. Discussion Forum;
d. Search engine of Specialists and Institutions;
e. Adding the opinions about Specialists and Institutions;
f. Notifications about new information and opinions;
g. Providing and updating the profile details and commenting the
opinions of the Users by Specialists and Institutions;
h. Search engine for books and articles.
3. The access to the selected Services of the WEMENDERS portal is
payable for Specialists and Institution accordingly to the rules
set out in §5 hereof.
4. The paid services for Users include online consultation and
depression test report.
5. The following services are free for Users of the
WEMENDERS portal: registration, completing personal details on the
profile, the Specialist and Institution's rating, participating in
discussion Forum, using library of books and articles, books
reviews and conducting the depression Test.
6. The following services are free for Specialists and
Institutions of the WEMENDERS portal: registration, Specialist
presentation, setting dates of potential online consultation,
giving opinions about ratings, participating in discussion Forum,
using library of books and articles, books reviews and conducting
the depression Test.
7. The logging is available after registration of User,
Specialist or Institution. It takes places after providing the
login (email) and password defined during registration
8. The administrator reserves his right to introduce fees
from any service provided by the WEMENDERS portal and undertakes to
inform about it in advance.
9. The administrator reserves his right to temporary
suspension of providing Services resulting from modernization or
reconstruction of the WEMENDERS portal or conservative works of the
10. The administrator shall not be responsible for the
interruptions in functioning resulting from causes independent from
§5 Online Consultation Service
1. The online Consultation Service is available to Users
after filling the appropriate form and making payment.
For this purpose The Users is obliged to:
a. fill in the online Consultation form;
b. select and conform the available online Consultation
c. make a payment through DotPay system.
2. Payment shall be made in accordance with the successive
instructions that can be found on the WEMENDERS portal.
3. The User is transferred to the DotPay payment website -
the encrypted secure website - where he concludes payment after
completing the payment data.
4. After payment the User returns to the WEMENDERS website.
5. After fulfilment of the above requirements, the Online
Consultation will begin on the selected and confirmed by the
6. The price of a single consultation is determined by a
specialist. 20% of the amount is collected by WEMENDERS
7. It is possible to use free Online Consultation during the
discount period. Details of such a discount is set out by the
WEMENDERS portal which informs about them by the means of the
portal and newsletter.
8. The User shall have the right to cancel the paid
a. In the case of cancelling online Consultation within less than
24 hours before the consultation date, the WEMENDERS portal shall
deduct 30% from the payment to the benefit of Specialist.
b. In the case of cancelling more than 24 hours before the
consultation date the amount is returned to the User's account and
can be used to pay next consultation or returned to the Client's
9. The Specialist shall have the right to cancel
online Consultation. In case when three Consultations are cancelled
the online Consultation Service is suspended for 1 month.
10. The User is entitles to receive the bill for paid
online Consultation. In order to receive it the User shall send an
email to email@example.com that includes details required to
issue an invoice and full ID generated by the online payment
11. The settlement of Specialist follows the issuing of
proper VAT invoice for all online Consultations carried out during
12. The technical conditions of providing online
a. Internet connection;
b. equipment indispensable for using online Consultation Service:
sound card, graphic card, headphones, microphone;
c. an access to one of the following Web browsers: Internet
Explorer 7.0 or higher, Opera 9.5 or higher, Firefox 3.0 or higher
or Google Chrome. The browser should accept ""cookies"" and have
installed the Adobe Flash Player plug in version 10 or
§6 Discussion Forum
1. The Portal allows the registered and logged in Users,
Specialists, Institutions free use of the Discussion Forum
mechanisms to exchange information, views and opinions about Users,
Specialists and Institutions.
2. It is forbidden to publish content propagating violence,
racial, religious or ethnic hatred, violating the good name of
third parties, including word and phrases regarded as offensive or
vulgar and other content concerned unlawful according to Polish and
3. It is required that the Users of the Discussion Forum
address other users with respect and accordingly to generally
4. It is forbidden to publish content with advertisements or
offers of sales or purchase any goods and services.
5. The Administrator or people designated by him have the
right to remove, edit or close any thread and comment at any time
without giving reason.
6. The published statements or parts of them can be used by
the Administrator for any purpose.
7. The Administrator or people designated by him shall take
effort to remove any materials considered to be offensive as soon
as possible, it is not possible, however, to read every message
immediately. The content of every post on this Forum express views
and opinions of its author; not Administrator or people designated
by him (except posts written by them) so they are not responsible
for this content.
8. The Administrator is not responsible for incorrect
operation of the installed software or hacking intrusion
9. Most of all, Administrator is not responsible for health and
economic results of the decisions taken after reading the entries
on the Forum.
§7 Claims and complaint procedure
1. The information obtained through the online Consultation
Service or Depression Test shall not be the basis for taking an
action concerning the User's health, especially for taking the
decision about whether to use a particular therapy or take
medication, etc. It shall not be treated as medical diagnosis. We
would like to emphasize that obtaining information cannot replace a
traditional doctor's visit. It has only informational
2. The Administrator shall make every effort to ensure the
proper performing of the WEMENDERS portal and provide assistance in
resolving problems related to its functioning.
3. Any claims and comments, suggestions or errors shall be
reported to the Administrator through contact form available on the
4. Reponses shall be given within 24 hours in working days
to email address of the User, Specialist or Institution.
5. Interruptions in the WEMENDERS portal functioning,
problems and comments related to the services rendered by the
portal can be complained by the User, Specialist, Institution
within 14 days by application available on the Contact page.
6. A complaint is investigated within 14 days from the date
of its submission. It the deadline cannot be met, the
Administrator shall notify before its expiration about the reasons
of delay and appoint another date.
7. If the complaint result from ignorance of the hereby
Rules or provisions of law, the Administrator reserves the right to
leave the complaint without investigating.
8. Right to enforce a claim by means of legal course lies after
running out of the complaint procedure mode.
§8 Promotion and advertising on the WEMENDERS portal
1.There are advertisements and announcements of third parties on
the WEMENDERS portal, that are published for a fixed fee and under
conditions set out with the entity that published an ad or
2. The Administrator shall not be responsible for the
content of advertisements and announcements published on the portal
3. The Administrator has the right to refuse to post the ad
or announcement if their content of form is against the law, rules
of social conduct or character of the WEMENDERS portal.
4. The Administrator has the right to refuse publishing the
ad or announcement without giving reason.
1. The name WEMENDERS is legally protected . Any use
of this name without the written consent of the Administrator is
2. The Administrator is the owner of the copyrights and
other exclusive rights, as well as their individual elements,
especially trademarks, utility models, objects of the copyrights or
related rights and other intangible property.
3. The WEMENDERS portal makes available goods coming from other
people; they include most of all information, data, texts, images,
graphics owned by persons entitled.
4. All rights of the people providing the aforementioned
goods are reserved.
5. It is forbidden to copy, change or sending any resource
of the WEMENDERS portal, unless the entity entitled clearly gives a
consent for that.
6. No part of the WEMENDERS resources can be published
without the Administrator consent. Any printing, copying and saving
data on the computer hard drive is permitted only for the User or
Specialist private use. Exceptions to this point require written
consent and conformation of the Administrator.
7. In matters not regulated by those Rules the applicable
provisions of law shall apply.
8. The WEMENDERS portal reports to the law enforcement
authorities the cases of breaking the law including
§10 Law and contentious issues
1. The governing law of the agreement between the User, Specialist
and Institution on the Services provided by the WEMENDERS portal on
the basis of the hereby Rules shall be the Polish law.
2. Any disputes related to the services provided by the
WEMENDERS portal shall be resolved before the competent Polish
court having jurisdiction over the Administrator registered
3. It is forbidden to use procedures or systems known when
using the WEMENDERS portal. All the procedures and solutions of the
WEMENDERS portal are owned by the Administrator.
4. In case of a change or cancellation, by a final judgement of
the Court, of any of the provisions of this Rules the remaining
provisions shall remain in force and bind the parties.
§11 Final Provisions
1. The Administrator reserves the right to amend
unilaterally the Rules after prior notification sent to the Users,
Specialists and Institutions emails provided during registration
2. The User, Specialist and Institution is responsible
for providing the email address to which they don't have the
access, especially the incorrect address or the address belonging
to another entity and for the consequent effects in the form of
lack of the notification receipt defined in §10(1).
3. In matters not regulated by this Rules the provisions of the
Act on Rendering Electronic Services and Civil Code shall
4. Competent to settle disputes arising from rendering
services is the court competent for the registered office of the
5. The hereby Rules shall enter into force on the date of
publication on the portal WEMENDERS.