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TERMS AND CONDITIONS

We hereby inform you that the following terms and conditions are applicable to you for the simple access or use of any of the applications or electronic pages that make up the electronic Platform called PRIMERCONTACTO.ORG ("hereinafter as the "Platform"), therefore that by accepting them, you express your express consent to be bound by each and every one of its provisions.

 

In the event that you do not agree with the terms and conditions, you must refrain from accessing or using the Platform.

  1. Acceptance of terms and conditions. 

 

The access, subscription and use of the Platform and the services contained in it and/or derivatives, property of GE REFERENCIA CLINICA MEDICA SA DE CV (hereinafter as "CLINIMED"), a company duly constituted in accordance with the laws of the United States of Mexico. , supposes your full and unreserved acceptance of the following terms and conditions (hereinafter as the "terms and conditions"), in the territory in which you are located, either in any part of the Mexican territory or in any part of the foreigner. The application of these terms extends to all applicable local, state, national and international regulations that are required for compliance.

 

By accepting these terms and conditions, you are expressly consenting to them and are entering into an agreement for the use of the Platform with CLINIMED, for which you declare that you have read the content of each and every one of the provisions and ratify their content.

  1. Modification of terms and conditions.

Similarly, you agree and approve the right that CLINIMED reserves to, at any time, modify and/or renew the terms and conditions unilaterally and without prior notice, with the sole obligation of CLINIMED to notify you of said modifications and /or renewals through a message included in the Platform.

In the scenario in which you do not agree with the modified and/or renewed version of the terms and conditions, you will have the right to request CLINIMED in writing to cancel and terminate your account on the Platform, within the following five days. natural to the date on which he became aware of any modification and/or renewal. Once the period of five calendar days specified above has expired, without having made a written notification to CLINIMED, the acceptance of the modified version of the terms and conditions will be tacitly understood in accordance with the provisions of article 1803 of the Civil Code for the Federal District. , today Mexico City.

  1. Service's description.

GE REFERENCIA CLINICA MEDICA SA DE CV, commercially known as "CLINIMED", is an existing and duly constituted company with address at Eugenio Sue 355, Interior 704, Polanco Chapultepec, Miguel Hidalgo, Mexico City, Mexico, 11560, in the City of Mexico, whose main purpose is the creation, operation and commercial exploitation of the Platform through the use of software tools, applications and online functions that "CLINIMED" makes available to anyone with the aim of providing advice to any individual who has the need to be advised by a health professional.

The Platform will allow you to receive advice from a health professional, through a video call, in which suggestions will be issued, which will only be understood as recommendations and that in no case will they be mandatory, since you can attend them or not. .

The use of this Platform is absolutely voluntary. You are free to refuse to follow the medical advice given under your responsibility.

Due to the foregoing, the Platform will only resolve your doubts and assist in the approach to health problems, in such a way that at no time should the suggestions or recommendations issued by health professionals be considered as a definitive diagnosis or treatment. since the Platform in no way replaces a doctor in person. If necessary, review by medical personnel outside "CLINIMED" or the use of emergency services will be advised.

It should be noted that the services derived from the Platform have the sole and exclusive objective of serving as a digital intermediary between users and health professionals and, at no time and under no circumstances, will it be understood that the purpose or objective of the Platform is to provide services doctors.

In the event that the Platform, the services, and/or contents of "CLINIMED" are affected by improper use contrary to what is stipulated in these terms and conditions, or any other breach of the acquired obligations, you will be entirely responsible for the expenses that "CLINIMED" has to carry out in order to initiate any judicial or administrative process and / or any management, against a third party for said improper use. The foregoing in addition to paying the corresponding damages.

For this reason, at this time, you agree to release "CLINIMED" in peace and harmless with respect to any controversy and/or judicial or extrajudicial claim, whether labor, civil, commercial or of any kind that another user and/or third party present against you and/or "CLINIMED" derived from your breach of your obligations under these terms and conditions.

"CLINIMED" will have at all times, the power to notify you, regarding any cause that could merit a conflict or legal controversy with another user, authority or against "CLINIMED", you will be obliged to attend the respective notification, as well as Follow the indications that "CLINIMED" mentions to correct said situation, except penalty of cancellation of your account, and, where appropriate, notify the corresponding authorities so that they can take the respective measures.

The services are intended solely for your personal use and you must not use them in any way other than the commercial purposes for which they are provided to the detriment of "CLINIMED".

  • Additional services

"CLINIMED" may offer special or occasional services, which will be notified to you in your account, or in any other means of contact.

  • Responsibility and quality in the provision of services.

The use of the Platform is solely your responsibility and in the event that you feel insecure about your state of health, you should consult a doctor in person, or go to the hospital or clinic of your choice to obtain an appropriate and comprehensive assessment. . Likewise, "CLINIMED" in no way affirms or manifests that the services provided by the health professionals of the Platform are better or more efficient than those services provided by specialists who do not use the Platform.

"CLINIMED" does not guarantee the quality, suitability and/or availability of the services provided by health professionals or any service requested through the use of the Platform and through its use, You expressly acknowledge and accept that each and every one of the risks derived from the use of services related to the Platform are yours, expressly releasing "CLINIMED" from any present or future liability that may arise related to the use of the Platform.

"CLINIMED" does not offer any guarantee in the sense that the services, including the servers, software of third parties and/or providers and the computer programs necessary for the operation of the Platform, are free of interruptions or errors, software defects, viruses or harmful elements, or to correct any possible errors, software defects, viruses or harmful elements. Finally, "CLINIMED" does not offer any type of guarantee in the sense that the information, content and/or elements that can be accessed through the Platform are exact, complete or up-to-date. More specifically, "CLINIMED" does not exhaustively verify the content of all types or the texts that you or other users enter through the Platform, nor your actions within its framework. "CLINIMED" therefore does not offer any type of guarantee, nor does it accept any type of responsibility towards you, in relation to your own actions and/or the actions of other users of the Platform. Finally, "CLINIMED" cannot be considered responsible for the products or services of third-party individuals and/or legal entities.

"CLINIMED" will not be responsible to users, health professionals or any person related to them, for any type of damage or claim derived from deficiencies in the services provided by health professionals, or for any error, omission and/or or falsity in the information provided by you, either through the Platform or any other means.

Data related to your health history will be collected; as well as the history of close relatives, with the aim of providing adequate assistance. Your cooperation and honesty regarding these data is of the utmost importance in order to provide effective, timely, and appropriate medical advice. 

"CLINIMED" and the medical staff that performs the assistance is not responsible for the consequences derived from the conscious or unconscious omission of data related to your medical history or personal data.

In the event that the doctors who provide the assistance service indicate to the patient that the attention or evaluation of a specialist doctor or any other health professional is required, it will be the responsibility of the patient to follow up and attend in person with the aforementioned external staff. In case of refusal, "CLINIMED" and its medical staff are not responsible for the consequences derived from this decision and the patient will not be subject to receiving any type of payment or compensation for this concept.

For this reason, by accepting these terms and conditions, you expressly waive the right to submit any type of claim, lawsuit, trial or legal proceeding before any Mexican or foreign authority against "CLINIMED", as well as any related person and/or or affiliated with "CLINIMED", including, without limitation, directors, attorneys-in-fact, representatives, administrators, employees, shareholders and/or agents, present or previous, for any act that derives, or may derive, from the use of the Platform, or of any service derived from said use.

  • Access to the Platform.

To access the services provided on the Platform, it is necessary to be of legal age and provide the required information, in such a way that it is your responsibility to keep the information updated and available. Failure to update your account, including having an invalid or expired payment method, will result in your inability to access and use the Platform. The User must not create multiple accounts, unless expressly permitted by "CLINIMED". In these cases, you know and accept that you must cancel the additional account when "CLINIMED" so indicates.

By virtue of the foregoing, you are responsible for all activity that occurs under your account and you agree to maintain the security and secrecy of your account username and password at all times, as such data is confidential.

In the event that you indicate false information about your age to access the use of the Platform, the health professional, under his own responsibility and considering the image of the person in the video call, may deny you the services and give notice to "CLINIMED" so that, if applicable, proceed to cancel the account. Notwithstanding the foregoing, minors under 18 years of age may use the services in the company of their parents or guardians, using the latter's account, with the understanding that if the parent or guardian is not found, the service may be denied.

At all times, disclosing your account details and password to third parties or allowing third parties to use or access your account will be your sole and complete responsibility. In this sense, "CLINIMED" will always consider that you are the one who is using your own account. For this reason, you have the obligation to inform "CLINIMED" immediately of any unauthorized use, so that "CLINIMED" can implement the computer security measures that are applicable in accordance with the internal policies that are applicable to that effect.

You acknowledge and accept that "CLINIMED" may take measures to verify the accuracy of the information provided by you, including by carrying out checks related to any telephone number, both landline and mobile, and/or any email address that You would have provided regarding a parent or legal guardian where appropriate. To protect other users and to prevent risks of fraud, you agree to send "CLINIMED", at your request and by post, email or fax, the necessary authorizations and the appropriate supporting documentation. Consequently, you acknowledge and accept that if any information or document is required in relation to what is described herein, your registration process may be interrupted or canceled if it is already in force, until you provide such information or documents by the means that for this purpose "CLINIMED"  indicates him; therefore, as long as said omission is not corrected, you will be unable to use the Platform and the content that "CLINIMED"  makes available to you.

For medical assistance in which a physical examination of the genitals is necessary; as well as the exploration of the mammary region, the express consent of the patient in both written and verbal form will be necessary. In the event that the patient is a minor, one of the parents or the legal guardian will be requested to be present at all times during the assistance in front of the camera with the minor, they will be requested to present an identification that proves their identity as a parent or legal guardian; as well as the express verbal and written consent for the revision of the minor.

In the same way, the health professional may refuse to answer any of your questions when he does not consider it appropriate or when the question tends to obtain a diagnosis or medical treatment; in this case, you should go to a doctor or to the hospital or clinic of your choice.

The access and use of the Platform will be done in accordance with the law, morality and good customs, as well as in accordance with the terms and conditions and must be used for lawful purposes, respecting the rights of third parties.

  • License

"CLINIMED" under no circumstances will be responsible to competent authorities or third parties in case there is any claim for the operations that you carry out on the Platform and/or your account. For this purpose, you will be entirely responsible for removing "CLINIMED" in peace and harmless from any action, claim, judicial or administrative process that is filed against "CLINIMED" by an authority or third party regarding operations that you have entered into and/or information that you have uploaded to the Platform. Likewise, it will be responsible for paying the corresponding damages and losses, as well as the expense of lawyers, managers or any professional or service provider that "CLINIMED" has to hire to complete said processes.

By accepting the terms and conditions, you grant "CLINIMED" a perpetual, irrevocable, worldwide, non-exclusive, unrestricted and free license to use, copy, display, distribute, exploit or perform any action with the photographs, videos and any information that you enter on the Platform, and you grant "CLINIMED" the intellectual right and the ability to make use of said information for the exclusive purposes of satisfying the services you have acquired on the Platform.

  • Platform inaccuracies.

The content of the Platform may contain inaccuracies and/or typographical errors. “CLINIMED” does not guarantee the accuracy of the materials and reserves its right, at its sole discretion, to correct any errors or omissions in any part of the Platform and to make any changes in the features, functionality or content of the Platform at any time. .

"CLINIMED", as well as any person related and/or affiliated with "CLINIMED", including, without limitation, directors, attorneys-in-fact, representatives, administrators, employees, shareholders and/or agents, present or former, will not be responsible for errors or omissions. in the contents of the Platform.

  • Characteristics of health professionals.

"CLINIMED" has always and at all times fought for compliance with all the Mexican and international regulations that govern medical practice, as well as all those codes of ethics for professional medical practice; For this reason, each and every one of the health professionals have previously stated, in order to be able to provide their services to users, that they have a professional license issued by the competent educational authorities and that their practice has always been governed by the most high professional and ethical standards.

The Platform's services have the sole and exclusive objective of serving as a digital intermediary between users and health professionals, so under no circumstances shall it be understood that health professionals are employees, affiliates, agents, representatives or persons related to "CLINIMED" and for this reason does not have any contractual relationship or obligation with health professionals.

  • prohibitions.

By virtue of these terms and conditions and the intellectual property rights of "CLINIMED", you may not do the following:

  1. License or sublicense, sell, resell, transfer, assign or otherwise commercially exploit or make the Platform available to any third party in any way;

  2. Modify, distort, block, load abnormally, interrupt, slow down and/or hinder the normal operation of all or part of the services and/or Platform, or the accessibility of other users to it, or the operation of associated networks of the Platform, or the attempt to carry out any of the above actions;

  3. Reproduce, copy, download and/or capture by any means, the contents of the Platform whose use is exclusive to "CLINIMED", and is subject to intellectual property rights of which "CLINIMED" is the sole and exclusive owner and/or authorized user, as well as profit from them and use them with third parties or for unauthorized purposes in these terms and conditions;

  4. Create "links" on the Internet to the Platform, "manage frames", reproduce on websites "mirror" the Platform or on any other server or wireless or Internet-based device;

  5. Reverse engineer or access the Platform to (a) design or build a competitive product or service; (b) design or build a product using similar ideas, features, functions or graphics as those of the Platform or (c) copy any ideas, features, functions or graphics of the Platform;

  6. Transmit or propagate any virus, Trojan horse, worm, bomb, corrupted file and/or any similar destructive device or any type of corrupted data within the scope of the Services, and/or organize, participate in, or be involved in any way in any type of attack on the servers and/or services of "CLINIMED" or its collaborating or associated companies, and/or those of its business partners and service providers;

  7. Launch an automated program or command, including, but not limited to, web spiders, web robots, web ants, web indexers, bots, viruses or worms, or any program that can make multiple requests per second to the server or hinder or hinder the operation or performance of the Platform;

  8. Create or facilitate any other mechanism that allows the use of the Platform by other people, such as server emulators

  9. Send spam or duplicate or unsolicited messages that violate applicable law;

  10. Send or store infringing, obscene, threatening, defamatory, or otherwise unlawful or libelous material, including material that is harmful to children or violates the privacy rights of others;

  11. Using incorrect information, using another user's account, assuming the identity of another person or presenting false credentials in their relations with any natural or legal person within the scope of the services or during the use of the same;

  12. Try to obtain a password or information related to an account, or any other information of a private nature, from any other user of the Platform and/or sell, rent, share, lend and/or in any other way transfer your account to any third party. and/or the mechanisms to access it and/or, in any other way, allow any third party to benefit from your account;

  13. Use any mechanism not expressly authorized by "CLINIMED" for the capture or interception of data exchanged by other users within the scope of the services, or the names and/or passwords of any other user;

  14. Send or store material that contains virus software, worms, Trojan horses or other computer code, files, commands, agents or programs;

  15. Make inappropriate use of the help system or the claim buttons, or send false reports to the members of the "CLINIMED" staff, and/or suppliers, other users or collaborating or associated companies;

  16. Refusing to follow the instructions of any representative of "CLINIMED" and/or falsely presenting yourself as an employee or representative of "CLINIMED", or of its affiliates, suppliers, collaborating or associated companies and/or agents; either

  17. Failure to comply with any agreement, commitment or obligation of this or any other legal document accepted or agreed on the Platform and / or Internet page of "CLINIMED"

The performance of any of the conducts listed above, regardless of whether it will lead to the termination of the relationship between "CLINIMED" and you, will be subject to the filing of civil, criminal, administrative or any other type of legal actions that are considered convenient.

  • sanctions

In the event that you fail to comply with these terms, or incur in some of the behaviors indicated in the immediately preceding point, "CLINIMED" may discretionally exercise the following actions:

  1. Cancel your account temporarily or permanently.

  2. Give notice to the competent authorities so that the corresponding legal actions can be taken against you for the misuse of the Platform, services and content.

  3. Proceed legally requesting payment of damages that were caused at the time.

 

"CLINIMED" reserves at all times the right to investigate any violation of these terms and conditions, as well as the security of the Platform and take all the means it deems appropriate to preserve its rights, with the understanding that it may exercise actions administrative or jurisdictional actions against whoever is allegedly responsible.

  • Limitation of liability for "CLINIMED".

"CLINIMED" is not responsible for any present or future damage that is present or could be presented directly or indirectly derived from the use of the Platform and the services related to it, so at the time of accepting these terms and conditions You expressly waive the right to submit any type of lawsuit or administrative proceeding before jurisdictional and administrative instances in Mexican territory or anywhere abroad against "CLINIMED".

In this way, any suggestion or recommendation issued through the "CLINIMED" Platform, will be understood as issued by the health professional, and you are not at any time obliged to follow it, so you can attend it or not, regardless of any present or future responsibility to "CLINIMED", as well as to the health professionals involved in the Platform.

Suggestions for therapeutic schemes will be made that may include general care, lifestyle changes, diet modifications and clinical studies; as well as the use of various pharmacological agents. 

In the case of accepting the pharmacological treatment, it is important to clarify that "CLINIMED" and the doctors who perform the assistance are not responsible for the potential adverse effects and / or unfavorable reactions derived from their use; including allergic reactions. 

It is your responsibility to consult the information provided by the manufacturer on any suggested medication and to report your known allergies to medical personnel in detail and honestly at the time of attendance.

In the event that any damage occurs as a result of adherence to the treatment suggestion granted by the "CLINIMED" staff, you will not receive any type of payment or compensation.

In this sense, "CLINIMED" as well as any related and/or affiliated party, including without limitation, directors, attorneys-in-fact, representatives, administrators, employees, shareholders and/or agents, present or former, will under no circumstances be liable to you. for damages and/or losses that may be caused by the willful or negligent action of the health professional.

You will not receive a direct benefit from the use of the Platform, however, if you agree to use it, you will be collaborating with "CLINIMED" to carry out epidemiological and/or statistical studies that may be used for educational, research, creation of databases related to the health sector and quality control studies.

  • Third Party Sites and Content.

You accept that by clicking on any link that directs you to third-party Internet sites or portals, you stop browsing the Platform, therefore you accept that "CLINIMED" is not and will not be responsible for any damages or losses that may be caused as a result of the display and loading of elements of these sites or Internet portals, or by contracting any type of service or acquisition of products derived from your access to said sites or Internet portals.

Similarly, you may not use any part of the content of the Platform to avoid compliance with any legal provision contracted or to be contracted in the future. "CLINIMED", its partners, associates, employees, officials and consultants do not receive any compensation for the publication of the articles, criteria or legal notes that they display on the Platform, nor are they responsible for the information or content in said articles, criteria or notes, nor for errors, omissions, typography, photography, and any type of content that they include. 

  • Cookies.

You agree that "CLINIMED" may use cookies for the purpose of improving the services provided by it, cookies being understood as text files that the Web server can save on the hard drive of a computer to store some type of information about you. The use of cookies is intended to remember your preferences (language, country, login, browser characteristics and information on the use of the "CLINIMED" website, among others), analyze trends, manage the Platform, learn about your behavior and collect demographic information.

 

Likewise, you accept that "CLINIMED" may use this information in its marketing and advertising services, and that this information may be used to reduce or eliminate the number of messages sent as advertising.

  • Advertising, promotion of services and products.

"CLINIMED" in a fully discretionary manner and subject only to its editorial criteria related to services, may highlight certain products and / or services of third parties, by inserting promotional links, advertising banners or any other advertising and promotional element, being able to carry out cross-marketing operations with any partner of your choice.

"CLINIMED" is not responsible for the products or services of third parties thus highlighted.

"CLINIMED" may use information about products and services, as well as their interaction with you from your account such as: price, location, description, surface, among others, as well as personal or sensitive data, with due Notification of your privacy rights and the use of your data, for advertising, promotion or display purposes by any means of the Platform and its services.

"CLINIMED" may establish a system of classification, valuation or rating of you and other users, services and / or goods products that you keep in your account. Likewise, you can request your collaboration to qualify the Platform, services and products of "CLINIMED".

For this purpose, "CLINIMED" may use your account information, such as the number of orientation requests, estimated time, type of orientation, among others, for purposes of evaluating services, products, and advertising. Under no circumstances will "CLINIMED" use your personal and/or sensitive and/or financial information from your account for advertising purposes. For more information regarding the use of your personal information, and personal and/or sensitive data, please refer to our Privacy Notice.

  • Compatibility of electronic devices and electronic prohibitions.

You will be responsible for obtaining the devices or hardware that are compatible with the Platform, since "CLINIMED" does not guarantee that the Platform will work correctly on any device.

In the same way, You accept that you must not use devices, software or any other means that tend to interfere both in the activities and/or operations of the Platform, as well as in the databases and/or information contained therein.

  • Information management.

"CLINIMED" will make its best efforts to maintain a high descriptive and organizational level in the management of the information contained in the Platform; however, "CLINIMED" in no way guarantees the accuracy, veracity and precision of said information, which is an exclusive obligation of the users, by virtue of the fact that the function of the Platform is to serve exclusively as an intermediary between the users of this and the health professional.

In no case will "CLINIMED" be liable for the violation of professional secrecy by health professionals, nor for any damage and / or harm that are a consequence of the foregoing.

The data collected may be used and analyzed for statistical and epidemiological purposes, always taking care of their confidentiality and safeguarding your identity.

All the information that you provide us during the assistance will be strictly confidential and will be handled only by internal personnel of "CLINIMED". The results of the studies carried out, where appropriate, will be handled and/or analyzed for scientific purposes, but will be presented in such a way that you cannot be directly identified.

  1. Payments. 

In this act, you expressly acknowledge and accept that the use of services derived from the Platform will generate charges. “CLINIMED” will facilitate the payment of the applicable charges on behalf of the health professional. Payment of the charges will be considered as payment made directly by You to the health professional. The charges include all applicable taxes when so determined by the applicable legal provisions.

The charges paid by you are final and non-refundable, unless otherwise determined by "CLINIMED". "CLINIMED" will respond to any request from a health professional or user to modify the charges. All charges will be generated immediately, and the process and means of payment will be facilitated by "CLINIMED", sending a payment receipt by email.

If it is determined that the payment method of your account has expired or is invalid, the Platform cannot be used and the service cannot be provided. "CLINIMED" reserves the right to establish, eliminate and/or modify charges for any or all of the services or goods obtained derived from the use of the Platform.

In the same way, You hereby acknowledge and accept that the charges applicable in certain geographical areas and/or times may increase considerably in times of high demand. "CLINIMED" will make all reasonable efforts to inform you of the charges that may apply, in such a way, you will be responsible for the expenses incurred under your account, regardless of your awareness of such rights or the amounts thereof.

"CLINIMED" can generate promotional offers and discounts that can modify the charges.

There are no refunds of charges to users for cancellation of consultations, or for not attending appointments related to consultations by health professionals.

Likewise, regarding the information of bank accounts and credit or debit cards, you guarantee that you have sufficient powers and permissions to make use of them.

  1. Personal information.

In order for the User-Health Professional intermediation to be efficient and effective, for which you from this moment acknowledge and accept that all the information you publish on the Platform, whether regarding your person or any property, is reliable. , true, real, and complete, and that at all times you will be the sole and exclusive owner and responsible for said information, forcing yourself to deal with third parties, other users, Platform authorities and "CLINIMED" for all the information that share from your account.

You agree to keep the personal information of your account updated at all times, whether personal and/or sensitive data, as well as bank information, address, among others (even in the event of data transfer from an account already existing), in accordance with the requirements formulated by "CLINIMED" during the registration process and use of the Platform services.

Through your registration process, you declare and affirm that you are not a person or entity other than yourself, nor will you present your identity linked to any other person or entity in an inaccurate way, except as a representative or proxy legal, including using another person's username, password, or other account information, or another person's name, likeness, voice, image, or photograph, or providing false information regarding a parent or legal guardian, if you are asked to provide such information in the registration process.

"CLINIMED", as well as any other company or company that is part of the same group of economic interests, will use said personal data for operational, lawful purposes and in accordance with the Federal Law on Protection of Personal Data Held by Private Parties. Likewise, they will be protected from any disclosure to persons not authorized to know them, with access only to authorized personnel.

Medical assistance can be done by video call, audio or electronic messaging; therefore, there is the possibility of collecting photographs and/or videotaping them for service quality purposes. The previously described material will be the property of "CLINIMED" and may be subject to review by internal staff when deemed necessary.

You may request at any time the access, rectification, cancellation or opposition of your personal data as detailed in our Privacy Notice available at: www.clinimed.mx/avisodeprivacidad.

In addition to the provisions of the Privacy Notice, you authorize "CLINIMED" to make use of all the information published in your account, for statistical and evaluation purposes, even after closing your account and for as long as the applicable law , or where appropriate, allow it.

  1. Industrial and Intellectual Property.

The content of the Platform is protected by the laws of the United Mexican States and by the various international treaties to which Mexico is a party, all rights belonging to "CLINIMED", or to third parties from which authorization for use has been obtained. reproduction and respective public display. The designs, drawings, photographs, images, names, texts, databases, maps, graphics, characters, frames, programs and computer systems and their different source codes, and other elements that make up the Platform are the property of "CLINIMED", who is the sole and legitimate owner of all the rights over said elements, including the patrimonial rights of the same, as is the right to use and exploit them, in any way and form inside and outside of Mexico. Consequently, the person who accesses the Platform is expressly prohibited from: (i) using, exploiting, disseminating, publishing, exhibiting, distributing, selling, or disposing in any other way of transferring ownership of the elements that make up the Platform and of the material supports or copies that contain individually or jointly and in whole or in part the elements that make up the Platform, by any means or form, whether printed, phonographic, graphic, plastic, audiovisual, cinematographic, electronic ( including the global information system known as the Internet) or any means that exists or may exist, (ii) authorize third parties to exploit the elements of the Platform, by any means or form, including without limitation, the public or private communication of the elements of the Platform through representation, recitation, performance, exhibition and public access by means of telecommunication, public transmission or radio or dissemination of the elements of the Platform in any way, including without limitation the transmission and retransmission of the elements of the Platform by means of radio waves, cable, fiber optics, microwaves, satellite or any means that exists or may exist (including the global information system known as the Internet); (iii) use the elements of the Platform in whole or in part in any means of communication, technology and tangible or intangible forms, currently known, or to be developed in the future, whether such means of communication, technologies or forms are in investigation, in prototype stage or are developed in the future; (iv) carry out with the elements of the Platform any type of audiovisual works, including without limitation, cinematographic works; of television, regardless of the type of delivery medium (radioelectric waves, microwaves, via satellite, cable, fiber optics, promotional videos, pay per view, high-definition television -HD TV-, free television, pay television, via computer, via the Internet, via Digital Platform or any combination of these); (v) make any type of phonograms and videograms with the elements of the Platform; (vi) prepare any type of promotional, advertisement, printed, audio, audiovisual or electronic propaganda with the elements of the Platform (including in global information systems such as the Internet or any media that exists or may exist); (vii) manufacture and commercialize with the elements of the Platform any type of computer products and their uses (such as CD-ROM, CD-I, DVD-Rom, Internet, related services, interactive formats, or any means that exist or may exist) and (viii) carry out with the elements of the Platform any type of use or exploitation for commercial or non-commercial purposes.

"CLINIMED" (or its licensors) grants you a personal, limited, non-commercial, non-exclusive, revocable, worldwide, non-transferable license, which may not be sublicensed, to install, access and/or use the Platform , its services and content (in whole or in part), until such time as you, as a user, or "CLINIMED" terminate these terms and conditions. Under no circumstances may you use, or allow others to use, the Platform, its services, content or this license for commercial purposes without first obtaining authorization to do so from "CLINIMED". Enhancements, updates, workarounds, and modifications may be required in order to continue using the Platform on certain hardware. This product is licensed to you, not sold to you. The license is granted for the following:

  1. The access and use of the Platform, its software and its content solely in relation to your access and use thereof;

  2. The access and use of any content, information and related material that may be made available through the Platform, only for what is provided by "CLINIMED" and what is established in these terms and conditions.

"CLINIMED" reserves any right that has not been expressly granted by these terms and conditions. Likewise, it reserves the right to revoke the license to you, at any time and at its sole discretion.

As applicable, certain parts of the Platform may be using third-party features, some of which are operated by third-party providers or other users, and to which additional terms, conditions, and/or costs may apply. These additional terms and conditions will be mandatory at all times.

 

  1. Maintenance activities.

To carry out maintenance work, "CLINIMED" reserves the right to suspend access and/or modify the content, as well as to eliminate or disable access to the Platform without prior notice.

Access to the Platform depends on the availability of the network, so "CLINIMED" will not be responsible for any impossibility of accessing it, derived from circumstances beyond reasonable control, as well as fortuitous event or force. higher.

  1. Modification and/or elimination of the Platform.

"CLINIMED" will do everything possible to satisfy the demand of the Platform. However, it reserves the right to cancel the contracting of services without any responsibility by virtue of the capacities and logistical needs of "CLINIMED", as well as force majeure or fortuitous event.

"CLINIMED" reserves the right to modify the content of the Platform at its discretion at any time, without the need for prior notice. Likewise, "CLINIMED" reserves the right, at any time and without prior notice, to eliminate or disable access to the Platform.

  1. Prevalence of these terms and conditions.

The terms and conditions expressly replace any prior agreement, promise and/or statement made by any party related to "CLINIMED" and/or the Platform. Likewise, it is expressly stipulated that "CLINIMED", at any time, may unilaterally and immediately terminate the relationship derived from the terms and conditions with any person, consequently denying the use of the services contained in the Platform.

  1. Titles.

The titles of the clauses appear only for an easier reading and understanding of these terms and conditions, not allowing in any case to reach any type of assumption about the content of the clauses or about the way in which they can be interpreted.

  1. Independence of the clauses.

In the event that any of the clauses of the terms and conditions prove unnecessary or irrelevant, and/or are considered null and void, or not applicable, (i) the clause in question will be interpreted in accordance with the applicable legislation so that it reflects the initial intentions of "CLINIMED", and (ii) the remaining clauses of these terms and conditions will remain unchanged and will continue to apply as if the unnecessary, irrelevant, null and void provisions, or not applicable were no longer included in these terms and conditions.

  1. Validity.

The relationship between "CLINIMED" and you begins from the moment you access the Platform and accept these terms and conditions in accordance with what is established herein, and will remain in force as long as you have an active account on the Platform or until it is given terminated by you or "CLINIMED"  in accordance with what is indicated in these terms.

We reserve the right to suspend your access to "CLINIMED" and/or terminate this legal relationship and your "CLINIMED" account at any time with a simple notification as established in these terms.

  • Absence of resignation.

The fact that "CLINIMED" or You do not exercise or do not affirm a certain right or a certain provision included in these terms and conditions, or delay in exercising or affirming them, cannot be interpreted as constituting a waiver of the right or of the provision in question. The waiver of any of the provisions of these terms and conditions will only be considered after the signing of a written statement to that end by "CLINIMED" or by you. 

You may not assign or transfer your rights or obligations under these terms and conditions, in whole or in part, without the prior written consent of "CLINIMED".

  • Comprehensive Agreement.

The terms and conditions, and all other rules or instructions published online and related to the Platform, to a specific activity or commercial service, constitute the entire existing agreement between you and "CLINIMED" regarding your rights and obligations regarding of use of said Platform. In the event of any controversy regarding the cited documents, the updated and current content of these terms will prevail at all times.

  • Law and Jurisdiction.​

These terms and conditions are embodied in a data message in terms of article eighty-nine of the Commercial Code, therefore, in accordance with article eighty-nine bis of the same law, therefore, no validity may be denied by the simple fact of being recorded in a data message. For such purposes, both you and "CLINIMED" acknowledge that both the execution of this agreement of wills translated into these terms and conditions is celebrated in accordance with the provisions established in Chapter I of the Second Title of the Commercial Code in force in the Mexican republic.

You agree that this data message contains a binding offer and creates obligations at the time of its acceptance or use, since it is made to the general public without any recipient or acceptor having been determined, for which reason the The rights and obligations contained herein will begin to be effective from your willingness to accept the obligations contained in these terms and conditions, and that all conditions precedent to them are correctly complied with and you begin to make use of the Platform that "CLINIMED"  makes available to you.

You agree that, in everything established and not established in these terms and conditions, the provisions of the legislation that is applicable in Mexico City, Mexico will be followed. These terms and conditions are subject to the interpretation and jurisdiction of Mexican law. The user declares and acknowledges that disputes arising from the use of the Platform or in relation to these terms and conditions or the breach, termination, execution or validity thereof, will be resolved exclusively by the competent courts of Mexico City.

  • Contact.

These terms and conditions can be accessed at any time through the website indicated below. If any question arises regarding these terms and conditions, you can contact "CLINIMED" at the same email address.

The contact details and official means of communication of the representative and legal manager of "CLINIMED" are the following:

  1. Company Name: GE Medical Clinic Reference SA de CV

  2. Address: Eugenio Sue 355, Interior 704, Mayor Miguel Hidalgo, Mexico City, Mexico, 11560

  3. Access to the digital platform: www.clinimed.mx

  4. Contact email: contacto@clinimed.mx

By accepting these terms and conditions, you give your consent for the person in charge, that is, "CLINIMED" to act in accordance with the terms set forth herein through any of its legal representatives.

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