Rules

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§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 WEMENDERS portal.


§2 Definitions
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 procedure.
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 procedure.
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 portal.
8. Institution Profile - a reliable collection of information and opinions about a particular Institution placed on the WEMENDERS portal.
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 services:
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 change.
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 password.
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 phone.
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 email 
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 that:
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 portal;
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 Administrator;
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 it;
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 entities;
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 Rules;
c. refrain from any operations that could hinder or interfere the portal functioning;
d. refrain from taking any action to the detriment of the Administrator, Users, Specialists or Institutions and other entities;
e. refrain from promoting websites and services competitive to the WEMENDERS portal.
 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 database.
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 portal.
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 Administrator.
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.


§4 Services
 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 people.
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 software available on the WEMENDERS portal. The terms of use the Online consultation service are described in more detail in §6 hereof;
b.  Providing the results of the depression Test in the PDF format; the service is paid and can be regulated by electronic payment system;
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 process.
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 ICT system.
10.  The administrator shall not be responsible for the interruptions in functioning resulting from causes independent from him.

  

 §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 date;
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 Specialist date.

6. The price of a single consultation is determined by a specialist. 20% of the amount is collected by WEMENDERS portal.
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 online Consultation.
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 bank account.
 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 kontakt@wemenders.com that includes details required to issue an invoice and full ID generated by the online payment system.
 11.  The settlement of Specialist follows the issuing of proper VAT invoice for all online Consultations carried out during particular month.
 12.  The technical conditions of providing online Consultation Service:
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 higher.
 

 §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 EU laws.
3.  It is required that the Users of the Discussion Forum address other users with respect and accordingly to generally accepted standards.
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 effects.
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 character.
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 Contact page.
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 announcement.
2.  The Administrator shall not be responsible for the content of advertisements and announcements published on the portal pages.
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.

 

 §9 Copyrights
1.  The name WEMENDERS is legally protected .  Any use of this name without the written consent of the Administrator is forbidden.
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 impersonation.


 §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 office.
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 process.
 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 apply.
4.  Competent to settle disputes arising from rendering services is the court competent for the registered office of the Administrator.
5.  The hereby Rules shall enter into force on the date of publication on the portal WEMENDERS.