of warsawgenomics.pl Web Service
§1. GENERAL PROVISIONS
- The Regulations set out rules for the use of “warsawgenomics.pl” website (the Service), by a Physician, a Patient/Guardian, a Medical Facility, a Sanitary and Epidemiological Station as well as the rules for the delivery of a laboratory medical service by Warsaw Genomics in favour of the Patient through that website.
- A diagnostic and healthcare entity, No Z-178028-20150909, “Warsaw Genomics spółka z ograniczoną odpowiedzialnością” spółka komandytowa with its registered office in Warsaw (ul. Pasteura 5a, 02-093 Warsaw), entered into the companies register kept by the District Court for the capital city of Warsaw, XII Commercial Division of the National Court Register, under KRS No 0000554477, business statistical identification number, REGON 361337464, tax identification number, NIP 7010479232, is the Service Operator and the service provider (hereinafter “Warsaw Genomics”).
- Only an individual who turned 18 years old and has full capacity to engage in legal transactions may be a Patient. A minor or a person under legal guardianship (hereinafter the “Person Under Guardianship”) may use the Service only through an individual who has legal guardianship over him or her (hereinafter the “Guardian”) who, by accepting the Regulations and going through a registration process, obtains access to the Medical Service in favour of the Person Under Guardianship.
- A Physician, an individual with the right to practice the profession of a physician who, by accepting the Regulations, obtains the right to request the test in favour of the Patient.
- A Medical Facility is a private or public entity providing medical services which, by accepting the Regulations, obtains the right to request the test in favour of the Patient.
- A Sanitary and Epidemiological Station is an entity which performs sanitary supervision within the meaning of the Act on State Sanitary Inspectorate of 14 March 1985 which, by accepting the Regulations, obtains the right to request the test in favour of the Patient.
- A Requesting Facility – a Medical Facility or a Sanitary and Epidemiological Station.
§2 TERMS AND CONDITIONS OF THE SERVICE USE
- The Patient/Guardian/Requesting Facility or the Physician, in order to use the Service, has to:
- have access to the Internet,
- use a web browser,
- have an active email account registered to his/her/its genuine data.
- The approval of the Regulations means that a Patient/Guardian, a person authorised to request the test by the Requesting Facility or a Physician:
- grants his/her consent to all their provisions and undertakes to comply with them,
- provides personal data which are true, including, a given name, surname, personal identity number, PESEL, telephone number and residential address of the Patient – it will not be admissible to use fictitious or untrue identification data,
- grants his/her consent to the processing of personal data for the purposes of entering into the Agreement and delivering the Medical Service and pursuing any potential claims.
- The Regulations will be accepted by clicking on the “I accept the Regulations” button.
- The failure to grant a consent to any of the provisions of the Regulations will make it impossible for a person to use the Service and have the Medical Service performed.
- Warsaw Genomics will be entitled to make any changes of the Regulations at any time.
- In case of any change of the Regulations, Warsaw Genomics will be obliged to notify the Patient /Guardian /Requesting Facility about any such change by email.
- Changed Regulations will come into force after 14 days from the date of the notification provided to the Patient/Guardian/Requesting Facility unless the Patient/Guardian/Requesting Facility submits a statement during that period about no consent to amending the Regulations. In case such a statement is made, the Agreement will be terminated. The change of the Regulations will not affect the performance of the Agreements concluded prior to the passage of the above period, where such Agreements will be performed in accordance with the existing Regulations. If the changes are not accepted, the Patient may resign from the Service use. The use of the Service after making any changes of the Regulations will be treated as a consent being granted by the Patient to the changes which have been made.
- The Regulations are available throughout the entire term of the Service existence, and it will be possible to access their current wording by clicking on the “Regulations” button or link.
§3 LIMITATION OF THE SERVICE USE
- The Service use will be subject to limitations under the Polish law and generally accepted rules of procedure with respect to all of the Internet users which are aimed at providing protection of their interests and interests of third parties.
- The Service use only involves taking actions which comply with the applicable law, principles of social co-existence and good practice.
- It will be prohibited to make any changes, distort or damage the Service, add any unauthorised material to the Service, in particular such that is unlawful.
- Warsaw Genomics reserves the right to remove any unlawful content.
§4 MEDICAL SERVICE
- As part of the Service, a Patient, a Sanitary and Epidemiological Station, a Medical Facility or a Physician may benefit from laboratory medical service involving the performance of a genetic test and/or a SARS‑CoV‑2 antibody test in favour of the Patient.
- Detailed scope of the Medical Service will be as follows:
- Performing a molecular test and/or SARS‑CoV‑2 antibody test,
- Providing test result authorised by licensed medical diagnostician electronically or by mail.
§5 SUBJECT AND TERMS AND CONDITIONS OF PROVIDING MEDICAL SERVICE
- The subject of the Agreement will be the performance of the Medical Service described in §4 in favour of the Patient.
- The Medical Service involving a genetic test for the diagnosis of SARS‑CoV‑2 infection will be performed within 24 hours from the delivery of material qualifying for performing the test.
- The Medical Service involving SARS‑CoV‑2 antibodies will be performed within 72 hours from the delivery of material qualifying for performing the test.
- In case of other genetic tests, the Medical Service will be performed within up to 10 weeks from the delivery of material qualifying for performing the test.
- The Agreement will be deemed to be concluded when the following conditions are jointly met:
The failure to meet any of the above conditions will prevent the entry into the Agreement.
- The Patient/Guardian, a person authorised by the Requesting Facility/ a Physician has properly filled out a test request form available for genetic tests for the diagnosis of SARS‑CoV‑2 infection at https://warsawgenomics.pl/sars tab, for the other tests at https://warsawgenomics.pl/zlecam-test or on the site dedicated to the employer.
- In case of genetic tests other than the test for the diagnosis of SARS‑CoV‑2 infection, the Patient/Guardian/Authorised Person /Physician printed, signed and sent to Warsaw Genomics a form of a referral for the test which is sent to email address specified during the registration process. In case a genetic test is requested by a physician or a person authorised by the requesting facility, it will be also necessary for the Patient to sign the form.
- In case of tests paid for by the Patient, the Patient has paid for the Medical Service in accordance with a pro forma invoiced received electronically.
- The material collected from the Patient is good for technological reasons for performing the test.
- Details of performing the test are to be found on the Service site in the “Our Tests” tab.
- The Agreement is performed at the time when the Requesting Facility/Physician or the Patient/Guardian is notified about the availability of the result. Test result will be sent to the Requesting Facility/Physician/Patient/ Guardian or his nominee, as the case may be, electronically or by mail.
§6 COMPLAINT PROCEEDINGS
- particulars of the Patient/Guardian,/Physician or the Requesting Facility enabling contact,
- accusations together with a justification,
- or a manner in which the alleged breach should be remedied as requested by the Patient/Physician or the Requesting Facility.
- Complaints submitted in any other form or within other time limit than specified in Section 1 will not be examined.
- Warsaw Genomics will provide a written reply to the complaint, within 14 days from the date of its receipt, indicating if it recognises the complaint and how it intends to allow it, or will state that there are no grounds of recognising the complaint together with the justification of its position. If it is necessary to clarify any additional circumstances related with the services provided to Warsaw Genomics by entities for which Warsaw Genomics is not responsible or which act for Warsaw Genomics as its subcontractors, Warsaw Genomics will send, within 7 days, information to the Patient/Guardian/ Physician or the Requesting Facility about the need to clarify such circumstances, and the time limit of examining the complaint will be extended as appropriate.
- The complaint related to disruptions or interruptions of data transmission caused directly or indirectly by improper action of the Patient, the requesting Physician or the Requesting Facility, the lack of the required equipment or software or the failure to comply with the requirements of the Regulations will be left without examination.
§7 RIGHT TO WITHDRAW FROM AND TO TERMINATE THE AGREEMENT
- The Patient/Guardian/Physician or the Requesting Facility will be entitled to withdraw from the Agreement within 14 days from the date of the entry into the Agreement.
- The right to withdraw from the Agreement concluded remotely will not apply if the delivery of the service commenced, upon the consent of the Patient/Guardian/Physician or the Requesting Facility, before the end of the time limit referred to in Section 1 above.
- The Patient/Guardian/Physician or the Requesting Facility will be entitled to terminate the Agreement only in cases set out in the Regulations.
- Warsaw Genomics reserves the right to terminate the Agreement with immediate effect in case any amendment to applicable regulations or their interpretation prevented or made it significantly difficult to conduct activities arising from the Regulations.
§8 INTELLECTUAL PROPERTY RIGHTS
- The Service and all its elements are protected under the following laws: Act on Copyright and Neighbouring Rights of 4 February 1994 (uniform text, J.L. of 2006 No 90, item 631, as amended), Act on Combatting Unfair Competition of 16 April 1993 (uniform text, J.L. of 2003 No 153, item 1503, as amended) and Act on Database Protection of 27 July 2001 (J. L. No 128, item 1402, as amended) and other regulations on intellectual property protection.
- It will not be permitted to fix, process, reproduce, and disseminate information obtained via the Service for commercial purposes without the approval of Warsaw Genomics.
§9 FINAL PROVISIONS
- All notifications and statements addressed to the Patient/Guardian/Physician or the Requesting Facility will be made in writing and sent by a registered letters to the address of the Patient/Guardian/Physician or the Requesting Facility identified for the purposes of communications or electronically to an email address specified at the time when the request is placed at www.warsawgenomics.pl
- The Service and the Medical Service provided through it will be governed by the Polish law.
- Persons infringing the law and the terms and conditions of the Service use will be fully responsible for such actions.