TERMS AND CONDITIONS OF THE WEBSITE
AND PROVISION OF ELECTRONIC SERVICES
1. General Provisions
1.1. These Terms and Conditions (“Terms”) set out the rules for using the website available at https://ferticarepoint.com/ (“Website”), including the rules for the provision of electronic services by Ferticare Point sp. z o.o., with its registered office at ul. Złota 75A lok. 7, 00-819 Warsaw, KRS: 0001206967, NIP: 1182318380, REGON: 543330406 (“Operator”).
1.2. The Operator may be contacted at: info@ferticarepoint.com and by telephone: +48 793 621 533, from Monday to Friday between 9:00 AM and 5:00 PM Polish time (CET/CEST), excluding public holidays in Poland.
1.3. These Terms constitute the terms and conditions for the provision of electronic services. The use of the Website and services shall be governed by applicable laws, including in particular regulations concerning electronic services, consumer protection and personal data protection.
1.4. The Terms are made available on the Website in a manner enabling their acquisition, reproduction and storage.
1.5. The Website may be available in different language versions. In the event of discrepancies between language versions, the English version shall prevail.
2. Definitions
For the purposes of these Terms, the following definitions apply:
2.1. “User” – a natural person using the Website, including a consumer or entrepreneur, as well as a person acting on behalf of a data subject where duly authorised.
2.2. “Coordination Services” – informational, linguistic and organizational support provided by the Operator to assist clients in communicating with medical facilities, including coordination of appointments, assistance in understanding the treatment process, and facilitation of communication between the client and the selected clinic.
2.3. “Clinic/Medical Partner” – a third-party entity (including a healthcare provider or medical-sector partner) to whom the User requests that their data be transferred for contact and appointment organisation purposes. The Clinic/Partner acts as an independent controller with respect to healthcare services and medical documentation.
2.4. “Submission” – data and content provided by the User via the form or other communication channels available on the Website.
2.5. “Content” – all content available on the Website, including informational materials, descriptions, communications, documents and graphic elements.
2.6. “Privacy Policy” – the Operator’s document describing personal data processing rules, available at https://ferticarepoint.com/privacy-policy/.
2.7. “Cookie Policy” – the Operator’s document describing cookies and similar technologies and consent mechanisms, available at https://ferticarepoint.com/cookies-policy/.
2.8. “Third Country” – a country outside the European Economic Area.
3. Nature of the Website and Clear Separation of Role.
3.1. The Operator is not a healthcare provider, does not provide medical services, does not conduct diagnostic or therapeutic processes, and does not maintain medical records of Users.
3.2. The Website does not replace medical consultation or medical advice. The Content is general and organisational in nature and does not constitute medical advice.
3.3. The Clinic/Partner is solely responsible for healthcare services, medical decisions, qualification for procedures, maintenance of medical documentation and compliance with applicable healthcare laws in its jurisdiction.
3.4. The agreement for the provision of medical services is concluded directly between the client and the selected clinic. The Operator is not a party to such agreement and is not responsible for the manner in which medical services are provided by the respective healthcare provider.
3.5. The Operator does not jointly determine purposes and means of processing with the Clinic/Partner in relation to healthcare services, does not have access to medical documentation maintained by the Clinic/Partner (unless expressly provided in a separate legal arrangement), and bears no responsibility for the course or outcome of the medical process.
3.6. The User acknowledges that the Clinic/Partner may process data on its own legal grounds, in accordance with its own information documentation and the law applicable to its registered office or the place where services are provided.
4. Scope of Electronic Services
4.1. The Operator provides independent informational, linguistic and organizational coordination services supporting communication between clients and medical facilities.
4.2. The services may include, in particular:
a) providing general information about available medical facilities and services,
b) facilitating contact between the client and selected clinics,
c) assisting in the organizational coordination of consultations and appointments,
d) supporting communication between the client and the clinic, including translation of medical documentation or communication where necessary,
e) optional marketing communication, subject to separate consent.
4.3. The Operator does not provide medical services and does not make medical decisions. Medical services are provided exclusively by the respective medical facilities acting as independent healthcare providers.
4.4. The scope of the Coordination Service may vary depending on the country, Clinic/Partner, communication channel and legal or organisational limitations.
4.5. The Operator may use subcontractors (including IT, hosting, CRM and communication providers), subject to confidentiality and data protection obligations.
4.6. As part of the provision of Coordination Services, communication between the Operator and the User may also take place via instant messengers (e.g., WhatsApp, Telegram), provided that the User voluntarily chooses such a communication channel.
4.7. The User acknowledges that the use of instant messengers may involve additional risks associated with the transmission of personal data over the Internet. By choosing such a communication channel, the User accepts the risk associated with it.
4.8. Coordination services may be provided in a basic or extended scope.
a) The basic scope of services includes, in particular, initial informational support and assistance in establishing contact with the Clinic/Partner.
b) The extended scope of services may include additional support exceeding the standard scope of coordination, in particular additional organizational consultations, translation of medical documentation, or individual support in the process of organizing treatment.
5. Technical Requirements
5.1. Proper use of the Website requires an internet-connected device, an up-to-date web browser and an active e-mail account or phone number where applicable.
5.2. The Operator recommends the use of updated software, security patches and reasonable cybersecurity safeguards.
5.3. The Operator shall not be liable for limitations resulting from the User’s device configuration, software, security settings or telecommunications restrictions.
6. Submission and Consent Rules
6.1. The User submits data via forms or communication channels provided on the Website.
6.2. Performance of the Coordination Service requires:
a) acceptance of the Terms and Privacy Policy,
b) a declaration that the data provided are accurate and lawfully provided,
c) consent to transfer data to the selected Clinic/Partner,
d) where health data are provided – explicit consent for processing health data,
e) acknowledgement that data may be transferred to a Third Country where applicable, in accordance with the transfer mechanisms described in the Privacy Policy.
6.3. Marketing consents (if offered) are always optional, and the failure to grant such consents does not affect the possibility of submitting a Request or the performance of the Coordination Service to the extent permitted by law.
6.4. The User shall be held responsible for the content of the provided data and declares that they will not provide any unlawful content or content infringing upon the rights of third parties.
7. User Declarations and Information Security
7.1. The User declares that:
a) the data provided are accurate and up to date,
b) they are authorised to provide the data, including data of third parties (if they provide such data on their behalf),
c) where acting as a legal representative/guardian – they have the authority to act,
d) they will not use the Website for activities contrary to the law, good practices, or these Terms and Conditions.
7.2. The User undertakes to maintain the confidentiality of any correspondence, links, codes, or organisational information provided to them by the Operator, where such information has been marked as confidential or is of a sensitive nature.
7.3. The User acknowledges that when providing highly sensitive information (e.g., medical documentation or descriptions of health status), they should limit the scope of data to the minimum necessary for the fulfillment of the Inquiry. Medical documentation may be transferred to the selected Clinic/Partner to the extent necessary for the provision of the Coordination Service.
8. Limitation and Exclusion of Liability
8.1. The Operator is responsible solely for proper performance of the Coordination Service within the scope actually provided.
8.2. The Operator shall not be liable for:
a) medical, therapeutic, diagnostic, and organisational decisions made by the Clinic/Partner within the scope of healthcare services,
b) availability of appointments, prices, qualification rules, clinical procedures, medical standards, and the outcome of healthcare services,
c) content and documents of the Clinic/Partner and their compliance with the law applicable to the Clinic/Partner,
d) refusal to admit a patient by the Clinic/Partner, including for medical, organisational, or legal reasons,
e) disruptions resulting from causes beyond the Operator’s control (including network failures, failures of service providers, force majeure),
f) damages resulting from the provision of false or incomplete data by the User,
g) consequences of using the Service in a manner inconsistent with these Terms and Conditions.
8.3. The Operator shall not be liable for the content of any medical advice or instructions provided to the User by the Clinic/Partner.
8.4. If the Website provides informational Content, it does not constitute legal or medical advice; the User should seek professional consultation from a physician or an advisor, respectively.
8.5. Unless mandatory legal provisions state otherwise, the Operator’s liability for non-performance or improper performance of the Coordination Service is limited to actual, proven damage resulting from the Operator’s intentional fault. This provision does not exclude or limit the consumer’s rights resulting from the mandatory legal provisions.
8.6. The User acknowledges that, in the case of cross-border services, additional risks may occur, in particular regulatory, organisational, and market standard differences, including data protection, medical liability, patient rights, and the Clinic’s/Partner’s complaint rules.
8.7. The Operator acts exclusively as an independent information and coordination intermediary.
8.8. The Operator does not participate in making medical decisions, diagnosis, or treatment of patients and is not liable for medical services provided by clinics or other medical entities.
8.9. The Operator does not assess the quality of medical services provided by the Clinics/Medical Partners and does not guarantee treatment results. All medical decisions, diagnosis, and treatment belong exclusively to the competent medical entity.
9. Emergency Situations
9.1. The Website is not intended for emergency situations. In case of a threat to life or health, the User should contact the emergency number appropriate for their location (e.g., 112 in the EU) or go to the nearest hospital.
9.2. The Operator does not provide emergency or on-call services.
10. Fees
10.1. [Option A – free of charge] The Coordination Service is provided free of charge. The Clinic/Partner may charge fees for healthcare services in accordance with its own rules.
10.2. [Option B – paid] The remuneration for coordination services depends on the type of the selected paid service. Details of payment, including the moment when the payment obligation arises, the method of payment, currency, taxes, and refunds, are specified in the price list.
10.3. The Operator is not a party to settlements for the Clinic’s/Partner’s medical services, unless expressly agreed otherwise.
10.4. Coordination services provided by the Operator may be financed through a combined model including both partner support from cooperating Clinics/Medical Partners and fees for additional services borne directly by the Users.
10.5. In the case of providing services in an extended scope, the Operator may collect remuneration directly from the User. The scope and amount of remuneration for such services are each time agreed upon with the User before the commencement of their provision.
10.6. As part of the cooperation with Clinics/Medical Partners, the Operator may receive administrative or coordination-related remuneration associated with organizing communication with the User and supporting the coordination process.
10.7. The cooperation between the Operator and the Clinics/Medical Partners does not affect the prices of medical services offered by these entities to the Users.
11. Complaint procedures and contact regarding the Website
11.1. Complaints regarding the operation of the Website or the Coordination Service may be submitted by the User to the e-mail address: info@ferticarepoint.com, indicating the description of the problem, the date of the event, and contact details.
11.2. The Operator will provide a response to the complaint within 14 days, unless legal provisions require a different period.
11.3. Complaints regarding healthcare services, medical decisions, and medical documentation should be directed directly to the Clinic/Partner in accordance with the procedures applicable to them.
11.4. The Operator may request additional information necessary for the consideration of the complaint, while following the principle of data minimisation.
12. Right of Withdrawal (Consumers)
12.1. To the maximum extent permitted by applicable law, the total aggregate liability of the Coordinator arising out of or in connection with this Agreement, regardless of the legal basis of the claim (in particular contractual liability, tort liability, including negligence, or any other), is limited to the amount corresponding to the total remuneration actually received by the Coordinator under this Agreement during the twelve (12) months preceding the event constituting the basis for the claim.
The above limitation of liability shall not apply to liability resulting from:
a) willful misconduct or fraud;
b) death or personal injury caused by negligence to the extent that the limitation of such liability is impermissible under mandatory provisions of law;
c) other cases of liability, the limitation or exclusion of which is impermissible under mandatory provisions of law.
12.2. To the extent that the Coordination Service is performed at the explicit request of the User before the expiry of the withdrawal period, statutory exceptions to the right of withdrawal or the obligation to pay for the performance fulfilled until the moment of withdrawal may apply – in accordance with the applicable law.
12.3. The provisions of this point shall apply only to the extent that they apply to the coordination service delivery model in a given jurisdiction.
13. Personal Data Protection and International Transfers
13.1. Data processing rules are described in the Privacy Policy.
13.2. Users acknowledge that:
a) the transfer of data to the Clinic/Partner may result in the processing of data in a jurisdiction other than that of the User,
b) data may be transferred to Third Countries in connection with the international nature of the Coordination Service, IT service providers, or the location of the Clinic/Partner,
c) such transfers are carried out using mechanisms provided for under data protection law (e.g., adequacy decisions, standard contractual clauses, or other appropriate safeguards) – in accordance with the information set out in the Privacy Policy.
13.3. Each Clinic is obliged to maintain valid professional liability insurance (civil liability) covering the medical activities conducted by the Clinic, in accordance with the regulatory requirements applicable in the jurisdiction where the Clinic operates.
13.4. The minimum insurance sum should correspond to the level required by applicable laws and regulations specific to the given jurisdiction and be maintained at a level customarily applied by entities performing assisted reproductive technology (ART) procedures.
13.5. Upon reasonable request, the other Party may demand the presentation of confirmation of valid insurance held by the Clinic.
13.6. The User undertakes to provide only the data necessary for the fulfillment of the Inquiry, exercising particular caution with regard to sensitive data.
14. Cookies and similar technologies
14.1. The Website uses cookies and similar technologies in accordance with the Cookies Policy.
14.2. The User may manage cookie settings through the consent mechanism available on the Website and through browser settings; however, restricting necessary cookies may affect the functioning of the Website.
15. Intellectual property rights
15.1. All rights to the Content, the structure of the Website, designations, trademarks, and graphic elements are vested in the Operator or in third parties with whom the Operator has concluded relevant agreements.
15.2. The User may use the Content solely for personal use, within the scope permitted by law. It is prohibited to copy, modify, distribute, or use the Content for commercial purposes without the prior consent of the Operator.
16. Prohibitions and misuse
16.1. It is prohibited for the User to provide unlawful content, content infringing personal rights, intellectual property rights, legally protected secrets, or the security of ICT systems.
16.2. It is prohibited to undertake actions that may disrupt the operation of the Website, including penetration testing without the Operator’s consent, introducing malicious software, automated data extraction, scraping, and similar activities.
16.3. The Operator may restrict access to the Website, suspend the provision of the Coordination Service, or refuse to process a Request in the event of a justified suspicion of a breach of the Terms, abuse, legal risk, or security risk – to the extent permitted by law.
17. Changes to the Terms and the Website
17.1. The Operator may amend the Terms for valid reasons, in particular: changes in law, changes in the functionality of the Website, changes in the service model, changes in providers essential for the provision of services, or changes in security requirements.
17.2. Information about amendments to the Terms will be made available on the Website and, where possible and justified, communicated to the User by electronic means.
17.3. The amendments shall enter into force on the date indicated by the Operator, not earlier than 7 days from publication, unless the amendment results from mandatory legal provisions and requires immediate implementation.
18. Governing law and jurisdiction
18.1. Unless mandatory provisions of law provide otherwise, the Terms and the services shall be governed by Polish law.
18.2. In the case of Users who are consumers, the provisions regarding governing law and jurisdiction shall not deprive them of the protection granted by the mandatory provisions of the law of their country of habitual residence.
18.3. Disputes shall be resolved by the court competent for the registered office of the Operator, unless mandatory provisions of law provide for a different jurisdiction.
19. Final provisions
19.1. In matters not regulated herein, the provisions of generally applicable law shall apply.
19.2. If any provision of the Terms proves to be invalid or ineffective, this shall not affect the validity of the remaining provisions; in place of the invalid provision, a solution closest to its economic and legal purpose shall apply, within the limits of the law.
19.3. These Terms shall apply as of April 7, 2026.