Section I. Definitions
- “Administrator” means Aleksandra Becker of ul. Sokola 24A, 80-654 Gdańsk, NIP (taxpayer ID) 583-317-20-12 and Patryk Becker of ul. Sokola 24A, 80-654 Gdańsk, NIP (taxpayer ID) 583-317-20-12, operating jointly as Project Smile Spółka Cywilna Aleksandra Becker, Patryk Becker, a private partnership with its registered office at ul. Sokola 24A, 80-654 Gdańsk, NIP (taxpayer ID) 583-317-20-12, e-mail: firstname.lastname@example.org.
- “Website” means the website operated by the Administrator and available on the Internet at https://projectsmile.eu/, which is designed to provide Users with online content, information and up-to-date pricing for the Provider’s dental services.
- “Terms of Service” means these terms and conditions that govern the use of the services offered at https://projectsmile.eu/.
- “Act” means the Polish Act on the Provision of Services by Electronic Means of July 18, 2002.
- “Online Service Agreement” or “Agreement” means an agreement (as defined by the Act) entered into for an indefinite period of time between the Administrator and a User that governs the provision of the Service by the Administrator to the User under the terms and conditions described in these Terms of Service.
- “Service” means the free-of-charge online service that is offered through the Website and consists in:
- enabling the User to view the Provider’s offerings and information regarding the available dental services;
- facilitating communication between the User and the Provider (which includes sending and presenting the Quote and treatment plan in response to the User’s Request);
- acting as an intermediary when the User orders a dental service from the Provider;
- providing assistance in arranging airport transfers and booking accommodation;
- providing the ability to post ratings and Comments regarding the Provider; and
- providing the ability to send inquiries to patients who have used the Provider’s services.
- “Provider” means Projekt Uśmiech Bis Sp. z o.o., a legal entity that engages in medical activities as defined by the Medical Activity Act of April 15, 2011 and provides dental services. The Administrator has entered into an agreement with the Provider pursuant to which the Administrator agrees to perform services for the Provider that consist in soliciting prospective customers interested in obtaining dental services, which includes submitting online requests for quotes to the Provider, recommending the Provider to Users, facilitating communication between the Provider and Users as needed to present the Provider’s services, and soliciting and displaying ratings and feedback from the Provider’s customers on the Website.
- “User” means any person or entity who uses the Internet, has the legal capacity and capacity to act as necessary to enter into an Agreement in an effective and valid manner, and has entered into such an Agreement with the Administrator.
- “Consumer” means a User who accesses the Services available on the Website for purposes not associated with the User’s business or professional activities.
- “Contact Form” means the request for quote form available on the Website which can be used by a User to submit a Request and which must be completed as a prerequisite for the performance of the Service.
- “Request Form” means the request for quote form available on the Website which can be used by a User to submit a Request and which must be completed as a prerequisite for the performance of the Service.
- “Request” means a request for quote submitted by a User on the Website using the Request Form or Contact Form or by e-mail. The Request is then forwarded by the Administrator to the Provider in order to establish and facilitate communication between the User and the Provider.
- “Comment” means a User’s subjective feedback regarding the Provider that is posted on the Website.
- “Price List” means a document that contains the estimated prices of the services offered by the Provider. The information provided on the Website, including Price Lists, does not constitute an offer as defined by the Polish Civil Code.
- “Quote” means a quote for the provision of dental services presented by the Administrator to a User on behalf of the Provider in response to the User’s Request. The Quote does not constitute an offer as defined by the Polish Civil Code.
Section II. General provisions
- By making the content of the Website available to Users, the Administrator provides online services as defined by the Act on the Provision of Services by Electronic Means of July 18, 2002.
- These Terms of Service are made available to Users of the Website free of charge, through the Website, in a format that allows the document to be downloaded, stored and printed.
- The Terms of Service define the rights and obligations of the Users of the Website and the rights, obligations and responsibilities of the Administrator.
- Users must read these Terms of Service and agree to comply with all of their provisions as a prerequisite for using the Website.
- By accepting these Terms of Service, each User represents that he/she has read and agreed to the provisions of the Terms of Service.
- By posting any content on the Website, Users make such information publicly available on the Internet at https://projectsmile.eu/ (including subdomains) subject to the provisions of these Terms of Service.
- Any activities which violate the provisions of these Terms of Service will be treated as activities to the detriment of the Administrator.
- The Administrator does not resell any of the Provider’s services presented on the Website and is not a party to any agreement that may be entered into between a User and the Provider.
- The Administrator is not a healthcare entity as defined by the Medical Activity Act of April 15, 2011 and does not provide any medical services.
- The Administrator will not be responsible for the performance of any Agreement between a User and the Provider.
- The Provider’s current Price Lists and details of the Provider’s current offerings are published on the Website for Users’ reference. All prices quoted by the Provider for the above services are estimates only. The Administrator reserves the right to amend the Price List in accordance with updates supplied by the Provider. Any amendments to the Price List will be published on the Website.
- After preparing the treatment plan, the Provider will specify the estimated price of the service, which will then be presented by the Administrator to the User. The price of the service is subject to change following the User’s visit to and consultation at the Provider’s facility.
- Any payments due between the User and the Provider will be made directly to the Provider following the User’s visit to the Provider’s dental clinic. Payments may be made by credit/debit card or in cash, in Polish or foreign currency (PLN, EUR, GBP, USD).
- The liability for the proper performance of the dental service, hotel service, apartments rental and other, optional services is incumbent on the service providers.
Section III. Conclusion of the Online Service Agreement
- Users may submit Requests.
- A User may prepare and send a Request by using the Request Form or Contact Form available on the Website or by e-mail.
- In order to submit the Request correctly, the User must provide his/her contact details such as first name, last name, e-mail address, phone number, age, message and data concerning health. The Administrator reserves the right to provide other details required to prepare the Quote, including PESEL (civil registration number – for Polish citizens only), identity card number or other identity document number, if necessary.
- The Administrator will forward the User’s Request to the Provider on the User’s behalf (“Request Forwarding”) in order to enable the Provider to present the User with a Quote (which includes preparing a treatment plan) and to facilitate communication between the User and the Provider. The Administrator will forward the Request to the Provider together with personal data such as first name and last name, but excluding such details as the User’s e-mail address or phone number.
- The Administrator may verify whether the information provided by the User in the Request is true and complete, and may contact the User to obtain any missing information. For that purpose, the Administrator may contact the User by phone or by e-mail.
- In order to use the Website, a User must:
- be connected to the Internet (regardless of the connection bandwidth);
- have a web browser (such as Internet Explorer, Mozilla Firefox, etc.) capable of displaying hypertext (HTML) documents on a computer screen;
- If the User’s hardware or software does not meet the technical requirements specified in Subsections 1(a) through (c) above, the Administrator does not guarantee the correct operation of the Website and warns that the quality of the Services may be affected.
- The use of the Website is free of charge and voluntary.
- A User may use the Website to submit a Request. The User provides the required details in the Request, and the Request is then forwarded by the Administrator to the Provider so that the Provider can prepare a Quote and present it to the User in response to the User’s Request (by e-mail, SMS or phone) and so that an Agreement can be entered into with the Provider, if applicable. The terms and conditions for the use of the Provider’s services are specified here
- When filling in the Request, the User must complete all fields marked with an asterisk (*). Due to the nature of the Service, the Administrator and the Provider will refuse to perform the Service if the required information is not provided. The User cannot use the Services offered on the Website unless all fields marked with an asterisk (*) are completed.
- The Website may only be used to submit Requests for Users’ own personal purposes.
- The Administrator cannot guarantee that ability to connect to and view any pages on the Website without interruption or technical defects.
- The Administrator informs Users that specific risks associated with the use of online services include (without limitation) spam, malicious software, spyware, worms, cracking or phishing software and other threats which are described in public online sources accessible by searching the Internet.
- Users may not enter data or provide content which violates the applicable laws, including without limitation data which is inaccurate, misleading or fraudulent.
Section V. The User’s rights and obligations
- The User agrees that he/she is using the Website on his/her own responsibility.
- The User may post Comments on the Website, provided that the User is solely responsible for the contents of any such Comments.
- The User may not enter any inaccurate information or unlawful content in a Request.
- The User may not post any content on the Website that is illegal, incites racial, religious or ethnic hatred or promotes violence, is obscene, offensive, commonly considered morally reprehensible or socially inappropriate, or violates the rules of netiquette.
- The User may not post any text, graphical or audio content on the Website that infringes any legally protected rights or interests of third parties.
- The User may not engage in any conduct that might expose the Administrator to liability or otherwise cause damage to the Administrator.
- The User must comply with all applicable laws and regulations, including without limitation:
- the Act on the Provision of Services by Electronic Means of July 18, 2002;
- the Civil Code Act of April 23, 1964;
- the Copyright and Neighboring Rights Act of February 4, 1994; and
- the Industrial Property Rights Act of June 30, 2000.
Section VI. The Administrator’s rights, obligations and responsibility
- The Administrator agrees to ensure the best possible quality of the Services that it provides and to use due care in the provision of such Services.
- The Administrator makes no warranties that the Website will be free from defects.
- The Administrator will not be responsible for any disruptions to the operation of the Website that result from force majeure, where “force majeure” means any events which the Administrator could not have reasonably predicted and which have been caused by circumstances beyond the Administrator’s control, including without limitation hardware failures, actions of third parties, unauthorized interference from Internet users, interruptions in the transfer of information, errors in the communications system, etc., even if such events result in the loss of Users’ data.
- The Administrator will not be responsible for the loss of any data posted on the Website and for the inaccessibility of the Website due to acts or omissions of other parties.
- In the event of a failure of the Website, the Administrator will make efforts to resolve such failure without delay.
- The Administrator reserves the right to increase or decrease the functionality of the Website on a temporary basis due to any required maintenance work or other unforeseen difficulties that affect the operation or availability of the Website.
- The Administrator reserves the right to suspend a User’s ability to access the Service if a third party alleges that the User has infringed its rights or the rights of another person by posting or modifying any content on the Website.
- The Administrator reserves the right to change or remove any content added by Users to the Website at the request of a court if such content infringes the rights of third parties, including without limitation copyright, intellectual property rights or industrial property rights.
- The Administrator reserves the right to provide Users’ personal data and IP addresses of other individuals who visit the Website to courts, law enforcement agencies and other authorized government agencies or institutions in connection with any proceedings being brought by the aforementioned bodies if requested to do so by such bodies.
- The Administrator will not be responsible for the outcomes of a User’s use of any information provided on the Website.
- The Administrator will not be responsible for any decisions or actions made or taken by a User in connection with the use of any information provided on the Website.
- The Administrator will not be responsible for a User’s failure to attach images or other documents correctly when completing a Request.
- The Administrator reserves the right to refrain from Forwarding a User’s Request to the Provider if the Administrator becomes aware that the contents of the Request are illegal or if there are suspicions as to the credibility of such contents.
- The Administrator will not be responsible for the quality and accuracy of the Provider’s materials published on the Website at the Provider’s request.
- The Administrator will not be responsible for the User’s inability to use the Provider’s services. The Provider’s dental services are provided pursuant to the provisions of the Medical Activity Act, the Physician’s Profession Act and/or the Dentist’s Profession Act.
- The Administrator will not be responsible for the performance of the Provider’s service. Any claims pertaining to the Provider’s nonperformance or improper performance of the service should be raised directly against the Provider.
- The Administrator reserves the right to delete data from the Website without any delay and to hold the User who posted such data responsible if the User violates any of the prohibitions referred to in Section V of these Terms of Service.
Section VII. Termination of the Agreement; withdrawal from the Agreement by a Consumer
- The User has the right to terminate the use of the Service at any time unless the Online Service Agreement states otherwise.
- The User may terminate the Service by sending an e-mail or letter containing a notice of termination to the Administrator’s e-mail address at email@example.com. or to the Administrator’s registered office at ul. Sokola 24A, 80-654 Gdańsk, as appropriate.
- The Administrator reserves the right to discontinue the provision of the Service at any time by notifying Users accordingly on the home page of the Website. The Online Service Agreement will be terminated on the date on which such notice is posted or on the date specified in the notice, as appropriate.
- The Administrator reserves the right to terminate the Online Service Agreement with immediate effect if the User violates the provisions of these Terms of Service.
- The notice of termination made pursuant to the above provision will be sent by the Administrator to the e-mail address specified by the User as the User’s current address, to which the User hereby consents. Upon the termination of the aforementioned Agreement, the Administrator will have the right to remove any content posted by the User from the Website.
- A person who enters into a distance contract or an off-premises contract as a Consumer has the right to withdraw from such contract without cause within 14 days. This right does not apply in specific situations provided for in Article 38 of the Consumer Rights Act of May 30, 2014, including a situation where the entrepreneur has fully performed the service with the express consent of the Consumer, and the Consumer was informed before the commencement of the service that he/she would no longer be entitled to withdraw from the contract upon the completion of the service by the the entrepreneur. The withdrawal can be made by contacting the Administrator; the withdrawal form available on the Website may be used for that purpose, but is optional.
Section VIII. Protection of personal data on the Website
Section IX. Copyright
- eu is the property of the Administrator.
- The Project Smile word and device mark is registered and may only be used with the owner’s written permission.
- The Website contains or uses copyrighted assets, trademarks and other original content, including without limitation texts, images and graphics.
- By adding any specific files, Comments or other content to the Website, the User warrants that he/she holds all the rights required to do so, including without limitation copyright. By adding any content (including without limitation images and Comments) to the Website that is considered a work of authorship as defined by the Copyright and Neighboring Rights Act, the User transfers to the Administrator, upon the publication of such content, the free-of-charge, irrevocable, perpetual and worldwide right to use such content, which includes without limitation publication on the Website, recording, reproduction, publishing, storage in computer memory, wireless or wired audio or video transmission via terrestrial broadcasting stations, and satellite broadcasting. Furthermore, the User authorizes the Administrator to use the above work for promotional and advertising purposes.
- The Administrator owns all rights to the Website and its components, including all content or parts thereof such as texts, graphics, layout, trademarks, images, audio-visual content, applications or other software and other legally protected information and items which are available on the Website.
- Any copying, dissemination or adaptation of the Website, including its individual components or its overall design (being a work of authorship as defined by the Copyright and Neighboring Rights Act) without the owner’s express written permission will be considered a violation of copyright.In the event of any damage resulting from the User’s breach of any of the above terms, the User will be required to cure such damage as incurred by the Administrator pursuant to general provisions of the law.
Section X. Complaints
- The User may submit a complaint regarding the Service electronically by e-mail to firstname.lastname@example.org, by phone to +48 506 138 388 or in person at the Administrator’s office.
- The complaint should contain a brief description of the case, contact details (first name, last name, correspondence address, e-mail address) and the User’s (submitter’s) request.
- Complaints which meet the above requirements will be processed by the Administrator within 14 days of receipt. If the requirements are not met, the Administrator reserves the right to contact the User to obtain any missing information.
- The Administrator reserves the right to extend the compliant processing period (up to 30 days) for more complex cases. In any such event, the User who submitted the complaint will be notified of the extension of the complaint processing period within 14 days of the Administrator’s receipt of the complaint.
- Notifications stating that the complaint has been processed or that the processing time has been extended will be sent to the e-mail address provided by the submitter (User), to which the User hereby consents.
- Complaints concerning the Provider will not be processed by the Administrator and will be returned to the User.
Section XI. Changes to the Terms of Service
- These Terms of Service come into force on the date of publication on the Website.
- The Administrator may amend these Terms of Service, provided that the amended Terms of Service will become binding on the User unless the User terminates the use of the Service as described in Section VII(2) of the Terms of Service within two weeks of being notified of the amendment or, in the case of a Consumer, if the User accepts the new Terms of Service.
- Amendments to the Terms of Service will be announced on the home page of the Website and will enter into force on the date specified by the Administrator, but in no event sooner than 14 days from being made available on the Website, subject to the provisions of Subsection 2 above.
Section XII. Final considerations
- In the event that any individual provision of these Terms of Service is held to be invalid or unenforceable, the remaining provisions of the Terms of Service will remain in full force and effect, and the invalid or unenforceable provision will be replaced by a provision which best reflects the purposes of such invalid or unenforceable provision and the entire Terms of Service.
- Any disputes that arise with respect to these Terms of Service will be resolved amicably through negotiation or mediation first, and if no agreement can be reached by the Administrator and the User, the dispute will be settled by a common court of competent jurisdiction for the Administrator’s registered office. The above provision does not apply to Consumers.
This document was last updated on: 11 August 2020.