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Site Policy

HOSMED Terms and Conditions.

I. GENERAL TERMS AND CONDITIONS
1. DEFINITIONS
2. TERMS AND CONDITIONS OF PARTICIPATION IN HOSMED.EU
II. LISTING ITEMS
3. HOSMED’S ROLE
4. LISTINGS
5. BEGINNING AND COURSE OF LISTING
6. AGREEMENT FOR SERVICES PROVIDED BY AP PLAN; AGREEMENT APPROVAL
7. USERS’ OTHER DUTIES
8. FEES, CHARGES AND ORDERS
9. ITEM DESCRIPTION
10. CROSS-BORDER TRANSACTIONS
11. FORBIDDEN ITEMS
III. ADVERTISING CONDITIONS AT HOSMED.EU
12. ADVERTISERS
13. ADVERTISMENT EDITION CONDITIONS
14. FEES FOR ADVERTISING WITH HOSMED.EU
IV. OTHER CONSIDERATIONS
15. PRIVACY POLICY
16. CHANGES IN TERMS AND CONDITIONS
17. AGREEMENT EXPIRY OR CANCELLATION
18. REFUND POLICY
19. LEGAL FRAMEWORK
20. VALIDITY
21. APPENDICES

I. GENERAL TERMS AND CONDITIONS

Clause 1. DEFINITIONS
The phrases used in Terms and Conditions mean the following:
AP Plan
AP Plan Spółka Cywilna (henceforth AP Plan), headquartered in Leszno, ul. Os. Wieniawa 57A
HOSMED.EU
An open web portal run by AP Plan in Polish and English versions, under which Sellers publicly present information regarding Items they wish to sell and provide other relevant services. Hosmed.eu is running under the following web addresses: http://www.hosmed.eu and http://www.hosmed.pl.
ITEM: an object, legal right or service that can be Listed according to Terms and Conditions. An Item can refer to a bulk of items.
USER – a person or company that Registered with Hosmed.eu correctly and set up a User Account.
SELLER – a User who meets the Terms and Conditions and after the Activation has received access to the option of Listing items for sale under Hosmed.eu’s Terms and Conditions.
BUYER – a person or a company that wishes to purchase an Item from the Seller after learning of the Item through Hosmed.eu
LISTING – a procedure of publicly announcing the will to sell an Item by the Seller and the financial and non-financial conditions of the sale regarding Items, as described under Terms and Conditions. A Listing can take place through a purchase of a Subscription or a relebant number of Item Days.
ITEM STATUS – a status in the process of Listing an Item, servicing a Listing and other processes connected to the Listing process and archiving information regarding an Item which is past its Listing period. The following Item statuses are distinguished:
o Not Approved – Initially all Items have the “Not Approved” status following their entry onto the system. This applies also to Items being re-listed. During this stage information decribing the Item is gathered and completed.

o Approved – Items receive the “Approved” status following their acceptance for a Listing. In the case of Seller selling via the purchase of Item-days option, Items in Approved status additionally serve as a basis for purchase of Item-days. The number of Items in the Approved status and the number of days for the Listing intended decide upon the price of the order.

o Awaiting – the Awaiting status refers to Items that have been Approved but not paid for.

o Listed – refers to Items currently listed publicly on Hosmed.eu web pages.

o Finished – Items receive a Finished status once the Listing reaches the end. The Seller can then choose to change the status of such Items again to Not Approved or to Archive.

o Archive – refers to the Items moved to Archive. Concerns Items already sold or not being considered for another sales at the time.

LISTING PERIOD – the time during which the Seller can List and Item
LISTING END DATE – the last day in which an Item is still Listed.
Subscription – a right to use the services purchased by a User.
PROMOTION – a discount or offer that AP Plan can present to a Seller or Advertiser. Promotion details are outlined in Appendix 2.
PRORMOTIONAL MARKETING PACKAGES – an offer by AP Plan directed at commercial advertisers.
COMMERCIAL ADVERTISEMENT– visual graphical content with or without sound in a form technically acceptable by AP Plan, presented at Hosmed.eu pages subject to charges.
USER ACCOUNT – an online account run by Hosmed.eu for the User under a unique account name (login). The User Account gathers and contains data and information regarding the User’s activity within Hosmed.eu.
REGISTRATION – the procedure of opening a User Account.
ACTIVATION – the procedure of activating the access to Hosmed.eu services.
TERMS AND CONDITIONS – this document.

Clause 2. TERMS AND CONDITIONS OF PARTICIPATION IN HOSMED.EU
2.1. Any legal entity or an entity not constituting a legal entity but having the right to act under its own name, and persons over 18 years of age, can set up User Accounts at Hosmed.eu.
2.2. REGISTRATION
In order to register at Hosmed.eu, a User of the page should fill in the registration form and provide the following information:
- User name, under which the person registering will show up in the Hosmed.eu systems (login).
- Password, known only to the User
- Name and Surname
- E-mail address
- Contact phone number
Once the registration form is filled in and the validity of the information is confirmed, an e-mail containing the registration confirmation link is sent to the e-mail supplied during the Registration.
As a result of a correct Registration Hosmed.eu creates a User Account assigned to the user name (login) chosen in when filling in the registration form. The User gains access to the Account after entering the user name (login) and password on the Hosmed.eu website.

2.3. ACTIVATON
The User should fill in the profile form and provide the following:
- company name (sole trader, partnership, limited company or other) or name of a person that does not carry out a business activity
- country of residence
- default address
- contact phone number
- contact phone number for potential buyers of the Items
- tax identification code (e.g. Polish NIP)
- invoice address (if different from the default address)
- preferred correspondence language
- in case of companies, company activity profile
After providing information mentioned in Clause 2.3 the User should choose one of the three activation methods:
1. Subscription coupon – refers to the users who have received a promotional subscription coupon with the activation code under the promotion.
2. Subscription – when the User wishes to receive the activation code through a purchase of a subscription
3. Standard activation – when the User wishes just to obtain the activation code
Under Method 1, the User can enter the activation code straight away.
Under Method 2, Hosmed.eu will supply the User with the activation code as soon as the payment for the subscription settles.
Under Method 3, Hosmed.eu will supply the User with the activation code as soon as possible.
The User becomes active (i.e. becomes a Seller) once the activation code is entered on the appropriate page. Once Activated, the relationship between AP Plan and the User becomes a binding Agreement, which regulates serviced provided by AP Plan via Hosmed.eu. Such services are subject to Terms and Conditions.
Within 10 days from the start of the Agreement, the User can withdraw from the Agreement without quoting a cause as long as Hosmed.eu is notified in an electronic form or via post (date of the postal stamp is used to determine the validity of the withdrawal from service). The right to withdraw from Agreement is described in detail under Clasue 17.
2.4. AP Plan reserves the right to make the Activation or use of Hosmed.eu by the Seller conditional upon the verification of the information mentioned under Clause 2.2.
2.5. A correct Registration with Hosmed.eu is equal to a creation of a User Account for the User assigned to the user name (login) entered in the registration form. The User gains access to the Account through entering of the user name and the password (the login procedure).
2.6. The User Account contains all information provided by the User in the registration form. In case this information changes, the User should update or add the information the account via the “My Account” form. It is forbidden for the User to remove the information mentioned in Clauses 2.2 and 2.3 while using Hosmer.eu. It is also forbidden to enter false information. User/account name (login) cannot be changed. Each account has to have a different e-mail address assigned.
2.7. A User who has finished Registration but not Activation, can use Hosmed.eu but cannot enter Items onto the system or List them.
2.8. To gain a full access to all services by Hosmed.eu, the User has to finish the Activation procedure, i.e. fill in the Seller’s form available under the registration page of Hosmed.eu, and then enter the Activation Code on the activation page at Hosmed.eu (Account Activation).
2.9. Each User can have only one account.
2.10. A User cannot use other User’s account and make his own account available to others, excluding people who are legally authorised to represent the User’s company or the User, or have such authorisation in writing. A User should keep his password a secret. Accounts cannot be transferred.

II. LISTING

Clause 3. HOSMED’S ROLE
3.1. Hosmed.eu allows Users a direct or indirect contact that allows to for information exchange or reaching agreements of sale of Items, under Terms and Conditions. For this reason Hosmed.eu provides an electronic platform for transaction, while not being a party in any transaction taken between Users. Hosmed.eu cannot guarantee that Users listing an Item for sale will be able to deliver upon an agreement to sell the particular Item.
3.2. AP Plan, through Hosmed.eu, will store full data regarding the Items Listed, even after the Listing reaches its end. Items put in the Archive are exempt from this commitment (see Clause 5.8).
3.3. AP Plan is not responsible for:
a) the behaviour of particular Users within Hosmed.eu,
b) truthfulness and validity of information provided by the Users,
c) wrongfully followed Listing procedures, in particular for wrongfully provided, false information regarding an Item,
d) Users violating Terms and Conditions,
e) for legality or safety of any Items sold through Listings,
f) for legal and factual ability and right of the Sellers to sell Items,
g) ability of the Users to pay the Sellers for the Items they purchase and ability to honour other arrangements between Sellers and other Users
3.4. AP Plan does not verify the data regarding Items Listed.
3.5. AP Plan can change the category of an Item according to classification used within the Hosmed.eu database, and can change he manufacturer’s name to match the name to that present in Hosmed.eu manufacturer’s list.
3.6. Hosmed.eu can change the Items’ status as long as the Seller is notified immediately of such change, unless the status change concerns:
a. Change of status from Awaiting to Listed.
b. End of Listing as indicated by the listing end date or the one set by the Seller
c. A move of Finished Items to the Archive.
3.7. In case of a breach of Terms and Conditions, Hosmed.eu can remove the Item from the Listed Items, informing the Seller of such move and the reasons behind it. Items removed from Listed Items are not available under Hosmed.eu’s systems until the reason for removal is discussed and with the Seller. An Item can then be Listed again by Hosmed.eu.
3.8. Hosmed.eu can suspend User Accounts definitely or indefinitely in case the Terms and Conditions have been violated.
3.9. In case of a suspension of a User Account, the User can only see the Account details and Seller’s profile, and has access to functions that enable him to settle liabilities due to AP Plan.
3.10. A User with a suspended Account cannot re-register under Hosmed.eu while the Account is suspender. Any activity by the User with a suspended account to register under a different user name results in a termination of the Agreement and account liquidation.

Clause 4. LISTINGS
4.1. Listing Items under Hosmed.eu means allowing the Seller to publicise information regarding offered Items. Under Hosmed.eu Items can be Listed through a purchase of:
a. Item Days – the right to List a certain Item for a number of days, or,
b. Subscription – the right to list an unlimited number of Items for the duration of the Subscription.
Details of types of orders resulting in a Listings are outlined in Clause 8.1.

Clause 5. BEGINNING AND COURSE OF LISTING
5.1. Following the login the Seller adds the Item intended for Listing to the list of Items Not Approved on the “My Products” page. In order to complete this procedure a relevant Item form with an option of up to two pictures has to be filled in. While filling the Item form the Seller is obliged to fill in the required fields. After the form is completed, the Items intended for Listing are selected and confirmed.
5.2. If the Subscription is used, a Seller can immediately list approved Items after selecting them and (optionally) entering the Listing end date.
5.3. If the Seller follows the Item Days option, Approved Items have to have a number of Listing Days assigned to them. All items in the Approval status share the same order of Item Days. By pressing “List All” the Seller accepts the order. After accepting the order all Items under the order will be moved to the “Awaiting” status.
5.4. Once the payment is received by AP Plan and the payment is approved by the administrator, Awaiting Items will be automatically Listed.
5.5. Listed Items that reach the end of listing date will automatically be moved to the Finished status. The Seller can choose to terminate the Listing of Items listed at any time. In case of a Subscription, the Seller can additionally choose an earlier date for the end of listing for each Item separately.
5.6. After the Listing is finished, Items are automatically transferred to the Finished status. A Seller can choose to move them to the Archive or Not Approved status.
5.7. An Item that is not being Listed will be automatically move to Archive status after one year.
5.8. An Item can be automatically removed from the system after one year since its moved to Archive status.
5.9. In case of a termination of the Agreement or account closure due to reasons outlined in Clause 17, Items can be removed from the system.
5.10. Regardless of whether an Item is Listed or not, the Seller has the right to change the information regarding the Item, in particular the Price.
5.11. The impact of technical difficulties on Listings is outlined in the Appendix 2.

Clause 6. AGREEMENT FOR SERVICES PROVIDED BY AP PLAN; AGREEMENT APPROVAL
6.1. An agreement to provide services between AP Plan and the Seller is reached when the User account is activated by entering the activation key on the appropriate we page and is valid until the day specified in the activation. User can exted the life of user account and the agreement with AP Plan though a purchase of a subscription, purchase of item days or receiving a subscription coupon.
6.2. Under the agreement the Seller has access to services provided by AP Plan via Hosmed.eu.
6.3. Each time an order is made Terms and Conditions are deemed accepted, even if they are changed, since Terms and Conditions are always displayed when accepting an order for the service.

Clause 7. USERS’ OTHER DUTIES
7.1. Any activity undertaken by the User within Hosmed.eu has to be in line with generally accepted moral principles and must not break the law.
7.2. AP Plan has the copyrights for graphical elements of Hosmed.eu, including the “Hosmed” and “Hosmed.eu” logos and the website’s layout, and has all ownership rights to the service including the ones regarding trademarks concerning and / or included on Hosmed.eu. The Users are forbidden to use the graphical elements of the website, their layout and composition, and any trademarks being the registered property of AP Plan, unless under circumstances pointed out in Terms and Conditions or under AP Plan’s permission.

Clause 8. FEES, CHARGES AND ORDERS
8.1. Services provided by AP Plan through Hosmed.eu are not free of charge.
There are two means of payment accepted for the Listing service:
a. purchase of Item Days – the Seller orders a specified number of days during which he can List Items. The price of the order depends on the sum of all Listing days for all Items under the order.
b. purchase of a subscription – the Seller orders a subscription, which allows to List any number of Items during the subscription time.

8.1.a. ORDERING ITEM DAYS
8.1.a.1. The Seller orders a specified number of Listing days for each Item separately. The price depends on the sum of all Listing days for all Items under the order.
8.1.a.2. Items will be automatically Listed when AP Plan accepts the payment for the order concerning the Items.
8.1.a.3. Listed status begins when the payment has been accepted. The Listed status is removed once the days purchased run out, at the end of the last day.
8.1.a.4. Items manually removed from the Listed status by the Seller before the days run out can be listed again without a need for a separate order. The Listing end day is then automatically set to the day specified in the previous order.
8.1.a.5. Items past the last listing day can only by re-listed via a new order.

8.1.b. Subscription
8.1.b.1. The Seller can order a timed Subscription, which allows for Listing any number of Items in the time specified under the Subscription.
8.1.b.2. Subscription can be ordered during the Activation or at any time as a Seller.
8.1.b.3. The duration of the Subscription starts with the acceptation by AP Plan of the payment for the Subscription order until the day specified in the Subscription.
8.1.b.4. In case of use of a promotional coupon the Subscription starts with the moment of entering the Activation Code from the coupon until the day specified by the Subscription type.
8.1.b.5. In case of a Subscription order under the activation procedure, AP Plan, delivers to the Seller an Activation Code on the day when the payment for the ordered Subscription is received. The Activation Code is sent via e-mail, together with an electronic VAT invoice, which is also sent via mail. Activation of the selling option takes place when the Activation Code is entered on the appropriate website.
8.1.b.6. In case of the Listing under the Subscription, the Listing end date is set by default to the Subscription end date. When the Item Listing is terminated early, while the Subscription is still active, the Item can be Listed again under the same Subscription at any time.
8.1.b.7. After a purchase of a new Subscription, all Items included in the previous Subscription will automatically be included in the new Subscription.
8.2. In case the Seller had activated the sale in a standard way, and then purchased a Subscription subsequently or received a promotional subscription coupon, all items included under the Item Days order will be included in the Subscription under the conditions of that particular Subscription. Orders for Item Days that have been ordered but not confirmed or paid will be cancelled.
8.3. The Seller bears all fees. Fees and fee collection are described in Appendix 4 to Terms and Conditions.
8.4. Users are provided with VAT and pro forma VAT invoices. Invoices contain the User data from the Seller profile.
8.4.a. Pro forma invoices are issued when the order is made and sent electronically by AP Plan.
8.4.b. VAT invoices are issued when the payment is received and accepted by AP Plan, and sent electronically and via mail together with the pro forma invoice.
8.5. Payments for services by AP Plan under Hosmed.eu are made by the User to the AP Plan bank account specified on the pro forma VAT invoice or the VAT invoice or the appropriate Hosmed.eu web page.

Clause 9. ITEM DESCRIPTION
9.1. Under Hosmed.eu the Seller has access to the Item description function. The Seller must follow the rules outlined under Clause 9 of Terms and Conditions when decribing an Item for sale.
9.2. Item descriptions constitute public information, available to everyone visiting Hosmed.eu. Item description must not be advertising in nature, include web addresses and hurt the reputation of Hosmed.eu and / or AP Plan. Not following this requirement results in an immediate termination of the user account according to Terms and Conditions and possibility of seeking financial damages from the User by AP Plan, as well as termination of all Listings by the User.
9.3.a. Item description can be changed by the Seller at any time, including during the time the Item is being Listed.
9.3.b. Item descriptions and changing of Item descriptions by parties allowed by the Seller are the Seller’s responsibility. AP Plan bears no responsibility for Item Descriptions or any changes of such.

Clause 10. CROSS-BORDER TRANSACTIONS
10.1. Under the rules outlined in this document Users can, through Hosmed.eu, use services outside the territory of Poland, using language options provided by Hosmed.eu.
10.2. Users Listing Items through Hosmed.eu provide information concerning Items to other Users and visitors from outside of Poland.
10.3. Each person using any of Hosmed.eu’s language versions can contact the Seller.
10.4. The Users directs all fees and charges envisaged under Terms and Conditions to AP Plan, and the amounts are converted into Polish Zloty (PLN) according to the average daily exchange rate published by the Polish Central Bank and prevailing when the fee or charge is due.

Clause 11. FORBIDDEN ITEMS
11.1. Hosmed.eu prohibits from Listing any good or service that violate the law or rights of any third party (particularly copyrights and intellectual property rights) as well as those that are contradicting generally accepted moral standards.
11.2. Irrespective of Clause 11.1, it is forbidden to List items mentioned in Appendix 1 to Terms and Conditions.

III. ADVERTISING CONDITIONS AT HOSMED.EU.

Clause 12. ADVERTISERS
12.1. Legal entities or persons or other entities can advertise on Hosmed.eu web pages.

Clause 13. ADVERTISEMENT EDITION CONDITIONS
13.1. The Advertiser after specifying the place and shape of the Advertisement and after agreeing on the price enters a legal agreement with AP Plan, under which AP Plan will carry out the advertisement on Hosmed.eu web pages. The default time unit is one month, unless the service concerns a one-off promotional message to the Users.
13.2. The Advertisement must be technically compatible and meet conditions outlined in the agreement specifying the details of the advertising service. The exact form and shape of the advertisement is the Advertisers responsibility.
13.3. Users cannot put any information of an advertising nature in any of the content fields administered as a User. Not following this rule results in an immediate termination of the account.

Clause 14. FEES FOR ADVERTISING WITH HOSMED.EU
14.1. The Advertiser is required to pay the relevant fees for the period the advertisement is active.
14.2. Once the payment is accepted, the Advertisement is entered onto the Hosmed.eu advertising system and is governed by the rules set out in the agreement concerning the particular advertisement but including the following:
a) The Advertisement cannot be displayed on the main web page in the same place for longer than two months.
b) The Advertisement on the main web page can be displayed in several places on a random basis rather than constantly in one place
c) The Advertisement can be withdrawn at any time but without any compensation if the withdrawal is on the Advertiser’s request.
d) In case of technical difficulties and breaks the Advertisements are governed by the Appendix 2 to the Terms and Conditions.
Advertisements can be unavailable due to technical problems faced by Hosmed.eu. If an Advertisement at the highest page level according to the Advertising agreement is unavailable for a continuous period of more than 24 hours, the Advertiser is entitled to a sum equal to a 1/30 of the contract’s worth for each full day the Advertisement is not displayed.
e) An Advertisement must not contain any material that is illegal or contradicts the generally accepted moral standards.

IV. OTHER CONSIDERATIONS

Clause 15. PRIVACY POLICY
15.1. Information supplied by the Users in the activation form is gathered and processed by AP Plan in accordance with the current law and the privacy policy outlined in Appendix 5 to the Terms and Conditions.
15.2. Users are not supplied with personal details of other Users.

Clause 16. CHANGES IN TERMS AND CONDITIONS
16.1. AP Plan can change the Terms and Conditions and change the way services are provided under Hosmed.eu. Introduction of such changes is published in an appropriate memorandum available on Hosmed.eu’s pages, and the changes are not enforceable earlier than 7 days since first announced. Listings made and functioning before changes are subject to the original Terms and Conditions.
16.2. Every Seller logging in following Terms and Conditions changes will have the option to accept or reject the new Terms and Conditions.
16.3. In case the User rejects the new Terms and Conditions, the agreement with AP Plan is terminated with consequences described in Clause 17 as soon as the Items Listed under previous Terms and Conditions reach their Listing end date. Until then, the Users cannot List new Items, unless the new Terms and Conditions are accepted.

Clause 17. AGREEMENT EXPIRY OR CANCELLATION
17.1. The Seller has the right to, and can at any time, cancel the agreement with AP Plan by issuing a statement and presenting it to AP Plan via mail or electronically. This is later confirmed electronically by the Administrator of Hosmed.eu. When the cancellation is confirmed, the agreement is cancelled immediately. User and Seller profile are liquidated together with all Items in the database.
17.2. Users cannot put any information of an advertising nature in any of the content fields administered as a User. Not following this rule results in an immediate termination of the account.
17.3. AP Plan can cancel an agreement with any User if it seems necessary to do so, but has to give a 7-day notice. User can use the service again through a new agreement with AP Plan.
17.4. In case of a serious breach of Terms and Conditions, particularly if the law or generally accepted moral standards were broken or breached by the User, or the User has acted in a way the damages the reputation or hurts in any way AP Plan or Hosmed.eu, AP Plan can terminate the agreement with the User immediately.
17.5. A User who had his agreement terminated in an immediate fashion as a penalty:
a) cannot claim any refunds for services paid for but not used
17.6. A User who had his agreement terminated can be denied by AP Plan to have an account opened in the future.

Clause 18. REFUND POLICY
18.1. A User can claim a refund if services outlined by Terms and Conditions are not provided and realised according to Terms and Conditions or are not provided or realised at all by Hosmed.eu.
18.2. Refunds can be claimed electronically by sending an e-mail to the system administrator at admin@hosmed.eu or via mail. The refund request has to contain at least user name (login) and the description of claim. The request has to be filled in within 7 days from an event described under 18.1.
18.3. In case of a Seller requesting a refund, it is additionally required to provide an address matching the one in the Seller profile, and in case of legal entities a tax identification code.
18.4. AP Plan will reply to the refund request within 14 days and contact the claimant electronically using the e-mail address assigned to the account. Refunds will not be given for any claims that concern issues dating back sixty or more days from the date of claim.

Clause 19. LEGAL FRAMEWORK
19.1. This document is governed by Polish law. All disputes, if necessary, will be resolved under the Polish legal framework and in the Polish court system.
19.2. In the matters not governed by Terms and Agreements Polish civil law will be used.

Clause 20. VALIDITY
If any Clause of Terms and Conditions is deemed cancelled by a court, all other agreements are still enforceable.

Clause 21. APPENDICES
21.1. Terms and Conditions is supplemented by the following appendices that make up an integral part of this document:
Appendix 1: Items forbidden or limited;
Appendix 2: Technical problems policy and technical problems refund policy;
Appendix 3: Fees and Charges;
Appendix 4: Privacy policy.
21.2. Web links included in the electronic version of Terms and Conditions, including the Appendices, are intended only to make navigation easier. Documents other than Appendices mentioned under 21.1 are not a part of Terms and Conditions.

Appendix 1: Forbidden items.
1. Items promoting hatred or discriminating on the grounds of nationality, ethnicity, race, religion or beliefs;
2. Materials with content damaging reputation of third parties;

3. Items breaching copyrights or intellectual property rights of third parties;
4. Drugs and pharmaceuticals which require specific licenses and permissions to be traded;
5. Fake good, i.e. goods bearing a trademark of another company or misleading a client with regards to the items properties ;
6. Software that is illegal, distributed without the right to do so, in test versions (shareware, freeware etc.) or inclusive of a damaging content (e.g. viruses)
7. Software collecting data on the computer’s user without the user’s knowledge or software generating e-mails from web pages or allowing for bulk mail sending i.e. spam.
8. OEM-licensed software.

Appendix 2 Technical Problems Policy and Technical Problems Refunds Policy
1. AP Plan will, to the extent possible, ensure the continuous and correct functioning of the service. Given the complexity of the system under which Hosmed.eu operates, AP Plan cannot, guarantee lack of breaks in service caused by technical errors and problems caused by malfunctioning software or hardware. In any case AP Plan will maximise its efforts to minimise any adverse effect technical issues might have on the functioning of the system.
2. Information on technical breaks, errors and problems and refunds applicable will be published on Hosmed.eu’s pages, accessible from the main page level.
3. The functioning of the service and minimising of the risk of major technical problems and errors requires technical maintenance breaks, during which the system is checked for errors and changed. In order to minimise the impact of such maintenance breaks, they will be conducted at night, and the Users will be informed of such at least several hours in advance, unless it is necessary for the break to take place urgently.
4. According to Terms and Conditions, a technical error or problem is an event during which most or all Users are unable to access Hosmed.eu’s basic functions.
5. The effect of technical errors or problems on the Listings is as follows:
a. A technical break or error that took place between 11pm and 6am or a technical break or error that is less than four hours in length otherwise, does not result in an extension of the listing periods for Items Listed or subject to any refund.
b. In case the total time of the break between 6am and 11pm exceeds four hours, AP Plan changes the listings of items:
• For Items listed as a part of a Subscription, if the end of listing date is equal to the end of Subscription end date, then the listing is extended by one day,
• For Items listed via the Item Days method, if the Items are listed during a technical break or error, the listing is extended by one day.
c. If the technical break or error takes longer than 24 hours, for Items under Subscription AP Plan will extend the end of listing date by one day. Items with end of listing date not resulting from the end of Subscription date are excluded herein.
6. A technical problem or error is any error concerning the functioning of Hosmed.eu other than under Clause 4 of this Appendix. Possible refund claims will be considered on an individual basis, taking into account the length and severity of the problem or error.
7. As a result of a technical problem or error with Hosmed.eu, an Advertisement might not be displayed properly. In that case, if an Advertisement is unavailable for more than 24 hours at the highest page level mentioned in the Advertisement Agreement, the Advertiser is entitled to a refund of 1/30 of the contract value for each day when the Advertisement is not displayed according to the contract.
8. In the case if the technical problem or error last for more than 3 days, AP Plan will provide the following:
• For Sellers with a subscription, a refund amounting to PLN 20.
• For Sellers who have bought Item Days – a refund equal to the amount equal to sum paid for all Item Days in the period the technical problems take place
• Sellers using a promotional coupon or subscription are not entitled to a refund.

Appendix 3: Fees and Charges;
1. Sellers are responsible for settling the payments for Listing Items.
2. Subscription fees (net amounts) in Polish Zloty (or in other currency if necessary, converted to the Polish Zloty at a prevailing official exchange rate on the day the money reaches AP Plan’s bank account):
a. 3 months PLN 299.00
b. 6 months PLN 499.00
c. 12 months PLN 999.00
3. Fees for Item Days (net amounts), regardless of the amounts af a particular Item listed as one Item:
a. 1 Item Day PLN 0.99
b. Minimum payment of 19.98 (net amount, 20 Item Days).
5. Promotional coupon fees (net amounts, regardless of the Subscription length, final fee to the Seller):
a. Promotional coupon, worth PLN 1.00
b. Promotional coupon, worth PLN 49.00
c. Promotional coupon, worth PLN 99.00
d. Promotional coupon, worth PLN 199.00
e. Promotional coupon, worth PLN 299.00
6. Advertising costs on Hosmed.eu
The price list for Advertising services provided by Hosmed.eu, depending on time, length and place of an Advertisement, is available on request. Please go to http://www.hosmed.eu/Contact.aspx in case of any queries.

Appendix 4: Privacy Policy.
1. All personal data, addresses and payment information gathered by AP Plan are gathered only in order to allow for a smooth functioning of the service and are used by AP Plan according with Clause 2 of this Appendix.
2. Data mentioned in Clause 1 will be transferred to a third party only under circumstances when it is required to meet the service requirements or if required by law.
3. AP Plan can gather and use data concerning the popularity of the service or particular Hosmed.eu services, website visits and users statistics for marketing purposes. All data will be revealed to third parties on an anonymous and group basis and used only for market research.
4. AP Plan is the sole administrator of personal data on the Users of the service, gatered and used in line with Terms and Conditions.
5. Each User can access his data and change or correct it.
6. Users by accepting Terms and Conditions allow AP Plan to gather and process personal data within Hosmed.eu
7. User supplies personals data freely, and the supply of key data is essential for the user account to be opened.
8. User data can be released to the third parties if such action is required by the law.
9. User data for Users who close their accounts, or have their accounts closed or disactivated by AP Plan under circumstances described in Terms and Conditions or due to non-payment, remains in Hosmed.eu database for 2 years. ze względu na brak płatności, pozostają w bazie danych HOSMED.EU przez okres lat 2.
10. AP Plan can use the data on IP addresses gathered from people using the service for technical, administrative and statistical reasons.
11. Hosmed.eu use "cookie" files.