§1 GENERAL PROVISIONS

  1. Terms and conditions of the ISTHIS.com web portal (hereinafter referred to as IS THIS website) determines terms and conditions for providing services by the IS THIS Foundation by means of the IS THIS website.

§2 DEFINITIONS

  1. Administrator - IS THIS website is administered by the WEMENDERS Foundation, with registered office at ul. Złota 7/18, 00-019 Warsaw, entered in National Register of Enterpreneurs of the National Court Register by the district court for the capital city of Warsaw, 12th Economic Division, under National Court Register Number (KRS ) 0000250036, Tax Identification Number (NIP) 586-216-80-13, Statistical Number (REGON) 220197593.
  2. Database - a collection of data, including protected personal data of Users of the IS THIS website and other data necessary for proper functioning of the website.
  3. Price list - a list of prices of all services offered by Administrator within the framework of the IS THIS website.
  4. Service – following services rendered by the IS THIS website:
    a. Tests for depression resulting in reports.
  5. Fee – payment conditioning access to services referred to in section 6.a The Fee Amountfor implementation of indicated Services is displayed next to the Service it refers to. The Fee is paid in advance. Fee is set forth by the Administrator and is subject to change.
  6. Terms and Conditions - the document herein, including documents related hereto, published on pages of the IS THIS website, constituting its integral part, establishing the rules of using IS THIS by Users.

§3 RENDERED SERVICES

  1. The resources of IS THIS website consist in such goods as information, Services, merchandise and any other benefits, arising from or offered by this portal or other persons.
  2. IS THIS website offers Services customized for a specific User, such as:
    a. Results of test for depression in the form a report as PDF file as a service paid through electronic payments system and by the sms service. Regulations of SMS service: dotpay.eu/regulaminsms. Complaints for service of SMS: dotpay.pl/kontakt/uslugi-sms-premium.
  3. Administrator shall reserve right to introduce payments for any services rendered within the framework of IS THIS website and, at the same time, shall be obliged to inform about changes with due advance.
  4. Administrator reserves right to temporarily suspend provision of Services due to updating or reconstruction of the IS THIS website or maintenance works related to the computerized system.
  5. Administrator shall not be held liable for intermissions in rendering Services, which arise due to the reasons beyond Administrator’s control

§4 OBJECTIONS AND THE COMPLAINT PROCEEDINGS

  1. Information obtained by means of the Test shall not constitute a basis for User to take health-related steps and, in particular, to use or not use a particular therapy, medicine etc. It shall not be treated as a medical doctor’s diagnosis. We by all means emphasize that this information cannot be viewed as substitue to a classical visiting a doctor. It only serves informational and accessory purposes.
  2. Administrator shall use its best endeavours to ensure proper functioning of the IS THIS website and shall provide support in solving problems related to the functioning thereof.
  3. Objections, as well as remarks, suggestions and errors shall be reported to the Administrator by means of contact data available at the Contact page.
  4. Submitted reports shall be answered within 24 h on work days by reply to User’s email address,
  5. Disturbances in the functioning of the IS THIS website, problems and remarks related to the services provided within the framework of the website may be subject to User’s complaint, within 14 days period, by sending a notification to an email address available at the Contact page
  6. The Complaint is resolved within 14 days since it was made. If this deadline cannot be met, Administrator shall inform, prior to its expiry, about reasons for the delay and appoint a new deadline.
  7. Administrator reserves right to leave a complaint unresolved, if it arises from the lack of knowledge of the Terms and Conditions hereby or of the provisions of law.
  8. User is entitled to the right to claim damages by litigation after the exhaustion of the complaint proceedings.

§5 PROMOTION AND ADVERTISING IN THE IS THIS WEBSITE

  1. Pages of IS THIS website shall include advertisements and announcements of the third parties, for a payment and according to conditions set forth with the entity publishing the particular advertisement or announcement.
  2. Administrator shall not be held liable for the content of advertisements and announcements published on the website’s pages.
  3. Administrator reserves right to refuse to publish an advertisement or announcement, if its form or content is against the law, the principles of social co-existence or the character of the IS THIS website.
  4. Administrator is entitled to refuse to publish an advertisement or announcement without disclosing the reason for it.

§6 COPYRIGHTS

  1. The name IS THIS is legally protected. Any use thereof is prohibited without written consent of the Administrator.
  2. Administrator is the owner of copyrights and other exclusive rights, as well as of specific components to these rights, with particular regard to trademarks, utility models, items of and other subject matters of copyright or related laws and other intangible assets.
  3. IS THIS website features goods from the third parties, which include, in particular, information, data, text files, pictures, graphic files owned by the authorized persons.
  4. All rights of persons, who provided the goods referred to hereabove, are registered.
  5. Copying, modifying, sending any resource of the IS THIS website are forbidden, unless the authorized entity shall expressly give consent to such action.
  6. No part of the IS THIS website’s components can be published without the Administrator’s consent. Any printing, copying or saving data to the computer’s hard drive is permitted only for the User’s personal use. Exemptions from this sections shall be null and void unless given consent to and agreed in writing by the Administrator.
  7. To all matters not settled in the Terms and Conditions herein, relevant provision of law shall apply.
  8. IS THIS website reports to law enforcement authorities cases suspected of breaking the law, including misrepresentation.

§7 LAW AND MATTERS IN DISPUTE

  1. The agreement concluded with User, subject matter thereof are Services rendered by the IS THIS website on the basis of rules described in the Terms and Conditions herein, shall be the Polish law.
  2. All disputes regarding services rendered by the IS THIS website shall be settled by the competent Polish courts, relevant to the Administrator’s registered office.
  3. It is prohibited to use in any activity the procedures and systems learnt during and due to using IS THIS website. All and any procedures and solutions of the IS THIS website are owned by the Administrator.
  4. Should any provisions of the Terms and Conditions herein become modified or null and void due to a final court decision, remaining provisions of the Terms and Conditions herein shall survive as binding and effective..

§8 FINAL PROVISIONS

  1. Administrator shall reserve right to unilaterally amend the Terms and Conditions herein after sending a prior information regarding such change to User’s email address submitted during the registration.
  2. User shall be held liable for submitting email address, to which he/she does not have access, with particular regard to an invalid address or address owned by a different entity, and for consequences arising from this fact, consisting in failure to receive the information described in §11 section 1.
  3. To all matters not settled in the Terms and Conditions herein, relevant provision of Civil Code and Act on Rendering Electronic Services shall apply.
  4. The competent court for settling disputes arising from rendering the Services shall be the court relevant to Administrator’s registered office.
  5. The Terms and Conditions herein shall enter into force at the date of being published on the IS THIS website.