Regulations

Regulations of the ebadaniakliniczne.pl Internet Portal in force from 17.01.2021

General Provisions

Article 1

1. the Portal is owned by the Operator, i.e. Krystian Bednarek running his business under the name Krystian Bednarek NDC.

2. The Portal is managed by the Operator and operates in accordance with the Rules. Regulations govern the use of the Portal and constitute the content of the agreement for Services concluded in the Portal between the User and the Operator. Regulations define:

(a) types and scope of the Services referred to in the Regulations;

(b) terms of provision of the Services, including:

  • technical requirements necessary for co-operation with the data communications system used by the Operator;
  • the provision of the Services

(c) terms of conclusion and termination of agreements on Services referred to in the Terms of use;

(d) the procedure to be followed by the Operator in order to terminate the Agreement.

(d) the complaint procedure concerning the Services;

(e) rules of using the Portal, including the rights and obligations of the Operator and the Users resulting from the use of the Portal and the Services;

3. Users using the Portal are obliged to comply with the Regulations from the moment they start using any of the functionalities of the Portal. By starting to use the Portal, in particular the Services, or by gaining access to the Portal or the Services, the User accepts the Terms of Use and declares and confirms that he or she has read the content of these Terms of Use, accepts its provisions and undertakes to comply with them.

4. Due to the nature, type and scope of the Services, Users may be asked to read and agree to additional terms and conditions regarding the use of a particular Service or Service element. Any such additional terms, if any, will be posted on the Portal and will be available to the User and may be amended in a manner analogous to the disclosure and amendment of the Terms of Service. If the additional conditions are inconsistent with the content of the Terms of Use, the additional conditions specifying the principles of using a given Service or element of a Service shall take precedence.

Article 2

1. The Portal is a unit expanding the latest news in the field of clinical research in Poland and internationally. The Portal publishes job offers related to the clinical research industry in Poland. This enables users to establish cooperation between an employer and an employee.

2. The following Services are available on the Portal:

(a) Application form (job offers, clinical research center data)

(b) Content Sharing,

(c) Search Engines,

(d) Newsletter.

3 The overall functionality of the Portal constitutes the provision of services electronically, consisting in the delivery of digital content not recorded on a tangible medium.

4. The portal is intended only for adults with full legal capacity (refers to natural persons).

Article 3

The details of the Operator are as follows:

(a) company: Krystian Bednarek NDC,

(b) registered office and address: Kazimierza Wielkiego Street, No. 23, 97-425 Zelów,

(b) registered office and address.

(c) Tax Identification Number: 7692050100,

(d) REGON: 101095985,

(e) register: Central Business Register and Information

(f) e-mail address: kontakt@ebadaniakliniczne.pl,

(g) website addresses: ebadaniakliniczne.pl.

Glossary of Terms

Article 4

Terms used in the Regulations with a capital letter shall have the following meaning:

1.Regulations - this document, published on the Portal, i.e. the rules of the Portal, regulating the issues mentioned in article 1, section 2 of the Regulations,

2.Portal - a system of websites made available and operating under the domain ebadaniakliniczne.pl containing all Portal functions made available by the Operator, including Services, in particular the ebadaniakliniczne.pl website together with subdomains and all other elements (including subdomains, widgets and versions for cell phones), social plug-ins, other media, software etc. The Portal provides a structured online platform to remotely search for Clinical Trials available in the Portal's database, express interest in selected topics, and submit interest in selected Clinical Trials,

3.Operator - Krystian Bednarek conducting business under the name Krystian Bednarek NDC, address: Kazimierza Wielkiego, nr 23, 97-425 Zelów, NIP: 7692050100, REGON: 101095985,

4.User - each entity that, according to the law, may use the Portal and conclude agreements for Services, and who starts to use the Portal, including the Services provided by the Operator through the Portal; in case of Users who are natural persons, the User should be a person with full legal capacity to perform acts in law in order to use the Portal according to the Terms of Use. The User may be a Stakeholder, Entity or Guest,

5.Guest - any User who is not a Stakeholder or Entity, i.e. a User who has not concluded an agreement for an Account or who uses the Portal without using an Account,

6.Consumer - a natural person making a legal transaction with the Entrepreneur, i.e. the Operator, which is not directly related to his/her business or professional activity,

7.Services - services rendered through the Portal by the Operator to the Users, as indicated in Art. 2, Paragraph 2 of the Terms of Use, i.e. the entire functionality of the Portal addressed to the Users and constituting provision of services electronically within the meaning of the Act on Rendering Electronic Services, i.e. provision of services rendered without the simultaneous presence of the parties (at a distance), through the transmission of data at the individual request of the recipient, sent and received by means of devices for electronic processing, including digital compression, and data storage, which is entirely transmitted, received or broadcast via a telecommunication network within the meaning of the Act of 16 July 2004. - Telecommunications Law. Services constitute the provision of digital content not recorded on a tangible medium,

8.Clinical research - clinical trial within the meaning of the Act of 6 September 2001. Pharmaceutical Law (Dz.U.2017.2211 i.e. as of 2017.11.30),

9.Content - all the substantive content of the Portal, including, in particular, information about the Services and the Operator, articles on medical, popular science and pharmaceutical topics, and a database of information concerning Clinical Trials,

10.Sharing of Content - one of the Services allowing Users to view Content on the Portal,

11.Search Engine - one of the Services enabling Users to find specific Content on the Portal,

12.Newsletter - one of the Services enabling the User to receive information sent by the Operator via electronic communication means,

13. Submission Form - one of the Services allowing the User to submit selected information related to a job offer or data of a clinical research center for publication on the Portal by the Operator,

14.Electronic Services Provision Act - the act of 18 July 2002 on electronic services provision(Journal of Laws 2013.1422 j.t. as amended),

15.Consumer Rights Act - the Act of 30 May 2014 on consumer rights (Journal of Laws 2014.827 as amended),

16.Civil Code - the Act of 23 April 1964 Civil Code (Journal of Laws 2016.380 j.t. as amended),

Service Application Form

Article 5

1. The Application Form is a Service that allows the User to use the possibility of posting job offers or clinical trial site data on the Portal.

2. The Agreement for the Application Form Service is concluded in accordance with the information referred to in Article 6 of the Regulations.

3. The Agreement for the Application Form Service shall be terminated upon confirmation of the removal of the submitted information by the Operator in accordance with the Regulations.

Article 6

1. The following rules shall apply to the User using the Application Form:

(a) The User is obliged to take care of the accuracy, truthfulness and timeliness of his/her data provided for the purpose of the Application Form,

(b) The User, by submitting a listing or resort, acknowledges that he/she is authorized to publish the information, content and contact information pertaining to that submission in the name of and on behalf of the employer or resort owner, and expresses consent to the publication of the data under the terms of the Rules,

(c) The Operator retains the right to remove the job posting or resort data with the end date of publication on the Portal.

Sharing Content

Article 7

1. Content sharing allows Users to view Portal Content, i.e. articles, information about the Services, Portal and Operator, information about Clinical Trials.

2. Content constituting works within the meaning of the Act of 4 February 1994 on Copyright and Related Rights (Journal of Laws 2017.880 t.j. of 2017.05.05) are subject to copyright of the entities to which they are entitled, in particular authors, and are subject to protection, including in particular may not be copied, distributed or used without the consent of the entities to which they are entitled, except under the terms of the so-called fair use or in other cases provided by law.

3 The Operator reserves that the Content available in the Portal may be presented together with advertisements.

Search Engine Service

Article 8

1. The search engine makes it possible to search the Portal for specific information sought by the User.

Service Newsletter

Article 9

1 The Newsletter service shall enable the User to receive information from the Operator, including commercial information, by electronic means, in particular to the provided e-mail address. The Newsletter includes cyclic sending of information about new functionalities of the Portal, substantive information on medical issues, medical services, as well as commercial information of the Operator and the Portal's partners.

2 The Newsletter service is concluded when the user agrees to receive information from the Operator electronically (subscribing to the Newsletter) and is terminated when such consent is revoked.

Conclusion and termination of the agreement for Services. Availability of Services

Article 10

1. Unless the Terms of Use provide otherwise, the agreement for a Service is concluded at the time of commencement of use of the Portal functionality constituting a given Service and terminated at the time of discontinuation of such use.

2. Service:

(a) Application Form is available to Users,

(b) Newsletter is available to Users,

(c) Content Sharing, Search Engine are available to Users and Guests,

(d) Contact Us is available to Users,

Principles of using the Portal. Operator's responsibility

Article 11

1. Provision of unlawful content by Users using the Services is prohibited. The User undertakes to use the Portal in accordance with the applicable law, social norms and customs, the provisions of these Regulations and the principles of social coexistence on the Internet.

2. In particular, it is forbidden to publish content,

(a) violating industrial property rights,

(b) intentionally

(c) intentionally insulting, defaming or otherwise violating personal interests, in content that is vulgar, containing vulgarisms or generally considered offensive,

(d) constituting acts of unfair competition,

(e) providing access to personal data in a manner infringing the law or constituting a breach of legally protected secrets,

(g) violating the rights of third parties or decency,

(h) that are intended to humiliate, embarrass, harass or stalk another person,

(i) that advocate or support the use of any such content,

(ii) that are inappropriate in any way.

(i) advocating or proclaiming radical social attitudes (any type of discrimination based on race, ethnicity, gender, religion, etc.),

(j) advocating radical social attitudes or proclaiming such views,

(j) promoting the use of drugs, alcohol or other intoxicating substances,

(k) advertising, commercial, promotional.

 

3 It is also prohibited to:

(a) perform any actions that could disable, overburden or limit the proper functioning and appearance of the Portal,

(b) upload, post, transmit or otherwise use the Portal.

(b) transmit viruses and malicious software of any other kind,

(c) phishing for login details and gaining access to an Account belonging to another person,

(d) publishing unauthorized commercial communications (such as spam),

(e) collecting content and data of Users and other forms of gaining access to the Portal using automated tools (e.g. collecting bots, robots, spiders or copy programs),

(f) performing any penetration and security testing of the Portal.

4. In the event of violation of the rules referred to in paragraphs 1-3, the Operator may block for a definite period of time or delete the User Account, of which the User will be informed by an appropriate message.

5. The Operator shall not be liable for the actions of Individuals and Clients related to participation in Clinical Studies, even if such participation occurred in connection with the use of the Contact Service.

6. The information contained in the Portal is for informational purposes only and cannot be treated as medical or nursing advice or any other specialized medical, diagnostic or health advice. In addition, the Portal does not recruit for Clinical Trials. Please consult your physician before making any decisions and/or taking any actions related to your participation in a Clinical Trial.

7. Pursuant to the provisions of the Act on Rendering Electronic Services, the Operator:

(a) is not responsible for the stored data if he/she is not aware of the unlawful nature of the data or related activities, and if he/she receives official notification or obtains reliable knowledge of the unlawful nature of the data or related activities, he/she will immediately prevent access to the data,

(b) who has received official notification of the unlawful nature of the stored data provided by the User and has prevented access to such data, shall not be liable to that User for any damage resulting from the prevention of access to such data,

(c) who obtained reliable information on the unlawful nature of the stored data provided by the User and prevented access to such data, shall not be liable to the User for damage caused as a result of the prevention of access to such data if the User was immediately notified of the intention to prevent access to such data,

(d) is not required to verify the data transmitted, stored or accessed.

Cancellation

Article 12

1. Pursuant to Article 27 of the Consumer Rights Act, the User who is a Consumer who has concluded an agreement on the Portal has the right to withdraw from the agreement for the Service, including its part.

2. Instructions on how to exercise the right of withdrawal and its consequences are attached as Attachment No. 1 to the Terms of Service, together with the withdrawal form.

3. The right of withdrawal from the agreement concluded off-premises or at a distance does not apply to the Consumer in respect of the following agreements:

(a) for the supply of digital content which is not recorded on a tangible medium, if the provision of services has begun with the Consumer's express consent before the end of the period for withdrawal from the contract and after informing him by the trader of the loss of the right to withdraw from the contract,

(b) for the provision of digital content which is not recorded on a tangible medium, if the provision of services has begun with the Consumer's express consent before the end of the period for withdrawal from the contract and after informing him by the trader of the loss of the right to withdraw from the contract.

(b) for the provision of services, if the Operator has performed the service in full with the express consent of the Consumer who was informed before the start of performance, that after the Operator's performance will lose the right to withdraw from the agreement,

4. The Operator informs that after the Services have been performed in full with the express consent of the Consumer and after the performance of the provision of digital content that is not recorded on a tangible medium has begun with the express consent of the Consumer, the right to withdraw from the agreement does not apply.

Claims

Article 13

1. The User has the right to lodge a complaint regarding the Services and in matters related to the functioning of the Portal.

2 Complaints should be submitted using the contact details of the Operator as referred to in Article 3 of the Regulations. In particular, complaints can be submitted to the e-mail address: kontakt@ebadaniakliniczne.pl, writing in the subject line of the message: "Complaint".

3. In order to facilitate the consideration of the complaint, it is suggested to provide the following information: name and surname, exact address (street, postal code, city), contact telephone, email address, description of the Service, reason for complaint.

4. The Operator considers complaints about the Services within 14 days of their receipt. Within this period, the Operator shall inform the User about the results of the complaint using the User's contact data provided in the Portal or in the complaint form, in particular to the e-mail address provided in the complaint.

5. The complaint procedure referred to in paragraphs 2-4 is a suggested procedure for the User and in no way excludes or limits the legally allowed ways of filing claims regarding the Services.

Payments on the Portal

Article 14

1 The services provided in the Portal are paid and free of charge, subject to the provisions of clause 2.

2. The Operator shall have the right to introduce a fee for individual Services or parts thereof, as well as to introduce new paid Services, by way of an amendment to these Terms of Use.

3 Paid Services concern publication of data of a clinical research center in the "Normal" option 250 PLN, "Special" option 550 PLN. 

Intellectual property rights

Article 15

1. In case of downloading or using the Portal's software (e.g. standalone program, application or browser plug-in), the User agrees that the software may download new versions, updates and additional features from the servers and install them in order to improve, enrich or otherwise develop it.

2. Regulations do not allow the publication of content that infringes the intellectual property rights of others, including copyright and industrial property rights.

3. The Portal and the materials contained therein, including works, trademarks, databases, their selection and presentation in the Portal, are subject to the protection provided in the applicable laws in this regard, in particular the Act of 4 February 1994 on Copyright and Related Rights (Journal of Laws 2006, No. 90, item 631 j.t. as amended), the Act of 27 July 2001 on the protection of databases (Journal of Laws 2001, No. 128, item 1402 as amended), the Industrial Property Law of 30 June 2000 (Journal of Laws 2013, item 1410 as amended) and the Act of 16 April 1993 on combating unfair competition (Journal of Laws 2003, No. 153, item 1503 j.t. as amended). Rights to works, trademarks and databases made available in the Service are vested in the Operator or third parties, respectively. In case the rights in question are vested in third parties, the Operator presents works, trademarks and databases in the Portal on the basis of the applicable legal regulations, in particular in accordance with the relevant agreement. It is prohibited to use works published in the Portal, copyrights, industrial property rights as well as any labels of the Portal, without the consent of the Operator or other authorized entity, as required by the law.

Technical requirements for using the Portal

Art. 16

1. In order to use the Portal and the Services properly, the User should have the following:

(a) connection to the Internet,

(b) computer equipment with the minimum technical requirements,

(c) software with the functionality of a web browser enabling the display of HTML documents on a computer screen (e.g. Internet Explorer, Mozilla Firefox, Google Chrome, Opera , Safari, etc.) or a mobile device allowing, together with appropriate software, the use of applications with the functionality of a web browser for mobile devices, in the case of a website with the functionality of a web browser, the software must have the following features

(d) for some Services, in particular Newsletter and Account, active e-mail address

2. Access to and use of the Portal is possible on the platforms of operating systems that allow the use of the Internet and software with web browser functionality allowing HTML documents to be displayed on the computer screen, on any type of computer meeting the requirements of such operating systems and through any type of Internet connection using software with web browser functionality, e.g.

Final provisions

Article 17

1. The Portal and activities related to concluding agreements on the Portal are available in the Polish language.

2 The Regulations and Appendices are made available to the User at the Portal's website address prior to concluding the Agreement, and also - at the User's request - in a form that allows obtaining, reproducing and recording the content of the Regulations and Appendices by means of a data communications system used by the User, in particular through downloading, copying, saving to disk, printing.

3 The Regulations and Appendices are an integral part of the agreement for Services concluded through the Portal.

4. The User has the right to lodge a complaint referred to in these Terms of Use, as well as any other claims resulting from legal regulations. The User has the right to use the out-of-court ways of pursuing claims, including in particular:

(a) mediation, including, in the case of a User who is a Consumer, mediation by mediators operating at the Trade Inspection;

(b) arbitration, including, in the case of a User who is a Consumer, permanent arbitration courts at the Trade Inspection;

(c) in the case of a User who is a Consumer, to use the help of municipal or county consumer advocates;

(d) if the User is a Consumer, to use the platform of the Internet system of dispute resolution between consumers and entrepreneurs at the EU level (ODR platform), available at https://webgate.ec.europa.eu/odr/

5) These Terms and Conditions as well as Appendices thereto may be amended by the Operator. The amended Regulations or Appendices are made available pursuant to Subparagraph 2 and shall apply to Agreements for Services concluded after such making available. With regard to continuous Services, if the Terms and Conditions or Appendices are amended during their term, such amendments shall be binding on the User to whom such Services relate, if the User does not terminate the agreement for such Services within 14 days from the date of such amendment.

6. If any part of the Terms or any Attachment is found to be invalid, ineffective or void, the remainder shall continue in full force and effect.

7. In matters not governed by the Regulations, the provisions of the Civil Code, the provisions of the Act on Provision of Electronic Services, the provisions of the Act on Consumer Rights , the provisions of the Act of 4 February 1994 on Copyright and Related Rights (Journal of Laws 2017.880 i.e. as of 2017.05.05) and other generally applicable provisions of law shall apply.

 

Annex No. 1 to the Regulations

INFORMATION CONCERNING THE USER'S RIGHT TO WITHDRAW FROM THE AGREEMENT BECAUSE THE USER IS A CONSUMER

Template NOTICE OF WAIVER FROM CONTRACT

Right of withdrawal

You have the right to withdraw from the agreement entered into on the Portal and relating to the Services 14 days without giving any reason, subject to the provisions of the Terms and Conditions indicating the cases in which the right of withdrawal is not applicable.

Right of withdrawal

The deadline for withdrawal from the agreement expires on the expiry of 14 days from the day on which you concluded the agreement in the case of services.

To exercise the right of withdrawal, you must inform us, i.e. Krystian Bednarek conducting business under the name Krystian Bednarek NDC, address: Kazimierza Wielkiego, nr 23, 97-425 Zelów, NIP: 7692050100, REGON: 101095985, of your decision to withdraw from the contract by an unequivocal statement (for example, a letter sent by post or e-mail).

You may use the model withdrawal form, but it is not obligatory.

To observe the withdrawal period, it is sufficient for you to send information concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

In the event of withdrawal from the contract, the contract shall be deemed not to have been concluded. As the Services are currently free of charge for consumers, there are no further consequences of withdrawal.

TEMPLATE FORM FOR WITHDRAWAL FROM THE CONTRACT

(this form must be filled in and returned only if you wish to withdraw from the contract)

Address Krystian Bednarek conducting business under the name Krystian Bednarek NDC, address: Kazimierza Wielkiego, nr 23, 97-425 Zelów, NIP: 7692050100, REGON: 101095985

I/We(*) hereby inform/inform(*) of my/our withdrawal from the agreement:

  • for provision of the following Services

....................................................................................................................................................................................................................

Date of the agreement .....................................................................................

Name of consumer(s) ...................................................................

Address of consumer(s) ..................................................................................

Signature of consumer(s) (only if this form is sent on paper)

.....................................................................................................

Date .............................................

(*) Delete as appropriate.

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