These General Conditions of Use and Contracting apply to the “software” website https://app.healthyencounter.com (hereinafter, “Healthy Encounter” or the “Platform”), as well as to all its related or linked sites from https://app.healthyencounter.com by Telemedik, as well as its affiliates and associates.

 

This is an agreement between you or the entity you represent (hereinafter “User”, “you” or “your”) and TELEMEDIK INNOVA HEALTH SOLUTIONS, including its subsidiaries or related/affiliated entities (hereinafter “TELEMEDIK”) that governs your use of our platform and services (“Services”).

 

These Terms and Conditions, together with the Privacy Policy, and the Customer Agreement (if applicable) govern your use of this Platform (collectively, the “Terms”).

The Site is owned by TELEMEDIK and operated by TELEMEDIK. By using the site, you show your agreement and express acceptance of these conditions of use.

These Terms and Conditions apply to all users of the platform, including but not limited to users who are browsers, vendors, customers, merchants, and/or individuals. TELEMEDIK offers this platform, including all information, tools, and services available to you, however, it is conditioned upon your acceptance of all terms, conditions, policies, and notices set forth herein. Please read these terms carefully before accessing or using our platform. By accessing or using any part of the Platform, you agree to be bound by these Terms. If you do not agree, please refrain from using it.

 

Through these General Conditions, Telemedik makes the Healthy Encounter website available to health service providers (hereinafter “Provider” or “Providers” and users (hereinafter “User” or “Users”).

 

In compliance with the provisions of the regulatory regulations, the following identifying data of the owner of the site are exposed:

  • Company name: Telemedik Innova Health Solutions (hereinafter, TELEMEDIK)
  • Registered office: Calle Filipo di Plana, Carr 20, km. 23. Guaynabo, Puerto Rico, ZIP Code: 00966.
  • Registration data in the Mercantile Registry (Puerto Rico State Department): #435265
  • NIF/EIN/Employer Identification Number: 66-0933805

Through these General Conditions of Use and Contracting (hereinafter “Conditions of Use”), we communicate the pre-contractual information and the conditions of use that allow you to be duly informed and safe prior to contracting. Registering on the Platform, as a user, implies knowledge and acceptance of these Conditions of Use.

 

1.  Rejection

The information contained in the Healthy Encounter software platform is presented for the purpose of providing video-consultations between health professionals and their patients.

The information provided should not be considered complete. It is not intended to replace the diagnosis or treatment of your primary physician. It should not be used after visiting, calling, consulting or notifying your doctor or other health professional who has given you a recommendation. The information obtained in Healthy Encounter is not exhaustive and does not include all diseases, conditions, conditions, physicians or their treatment. The information contained in the Healthy Encounter platform is a compilation from various sources (Health Provider Information). If you have any questions regarding your health care, please call or visit your doctor or other health professional immediately before adopting a new treatment, diet, or exercise program. You should never ignore your doctor’s warnings or eliminate seeking help based on information you read in Healthy Encounter. (Emphasis supplied)

 

The material on this platform is provided for general information only and is not intended, and should not be relied upon, as a diagnosis or treatment by your primary physician. This platform may contain certain historical information. Historical information is not necessarily current and is provided for your reference only. We reserve the right to modify the content of this site at any time, but we are under no obligation to update any information on our platform. You agree that it is your responsibility to monitor changes to our platform. We do not undertake any obligation to update, amend or clarify the information in the service or on any related site, including, without limitation, pricing information, except as required by law. No specific update or update date applied on the Service or anywhere on our Platform should be taken to indicate that all information has been changed or updated.

 

Healthy Encounter “software” and Information accessed through Healthy Encounter (the services) are provided without express or implied warranty. There is no guarantee of its reliability, accuracy, use of the Healthy Encounter service and the information of Providers cannot and will not guarantee that there will be no human error, omission, delay, loss, including loss of data. Healthy Encounter in Supplier Information cannot and does not guarantee that the file that can be accessed “online” is free of viruses, worms or other codes that indicate contamination or destructive properties. Healthy Encounter does not warrant, either express or implied, that the data is uninterrupted, free of errors or defects in Healthy Encounter or that the data provided is correct. Healthy Encounter users are responsible for:

  1. Implement and maintain the procedures up to date and apply them according to your particular requirements.
  2. Maintain alternate means to Healthy Encounter for reconstruction of lost data.

Occasionally, there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, and/or availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel Service purchases if any information in the Service or related Platform is inaccurate.

 

2. Limited License

By this agreement Healthy Encounter grants the non-transferable and non-exclusive terms to the license to be used in the necessary documentation, to explore the use of Healthy Encounter or to use the Healthy Encounter material through the subscription of the Platform.

TELEMEDIK does not grant authorization to any user of its service marks, trademarks and trade names or other material protected by copyright or other intellectual property, by placing them on this website and / or platform. If you violate any of these terms, your permission to use the Platform automatically terminates.

 

3. Provider and User Agreement

By using Healthy Encounter, you agree to the following:

  1. Maintain all equipment that is required to use;
  2. Maintain the security of your identification and confidential information related to Healthy Encounter;
  3. Be responsible for all costs as a result of the use of Healthy Encounter, this includes account, unauthorized use and taking action to prevent future occurrence of password change.
  4. Provide accurate, true and complete information about yourself as requested in the applicable forms; and update this information to keep it accurate and complete. If any information provided by you is untrue, inaccurate, out-of-date or incomplete, Healthy Encounter has the right to terminate your account and refuse any current or future use of the platform.
  5. Do not use obscene, indecent or profane and/or discriminatory content or language.
  6. Not transmit worms or viruses or any code of a destructive nature. Breaching or violating any of the terms will result in immediate termination of your services.
  7. Not to reproduce, duplicate, copy, sell, resell or exploit any part of the service, use of the service or access to the service or any contact on the platform through which the service is provided, without our written authorization.

 

4. User Information

Healthy Encounter respects the privacy of the user, this is the name and surname, date of birth, email and other information that you provide when you use the Healthy Encounter services. The data is used in accordance with TeleMedik’s Privacy Policy. This implies that Healthy Encounter uses the Internet only as permitted by the agreement or as required by law. Please see Healthy Encounter’s Privacy Policy (located at https://www.healthyencounterapp.com/privacy) which explains how we collect, use and disclose information relating to your privacy. When you access or use the Services, you signify your agreement with this Privacy Policy.

 

4.01

By using the Service, you are consenting to Healthy Encounter sharing and aggregating information collected during your use of Healthy Encounter. “Aggregate Information” is information that describes habits, usage patterns or other groups and does not indicate the identity of users. “Individual Information” is information about the user to be presented with characteristics of another user, but does not personally identify another user. You also agree that locator information may be collected and processed or used under Section 4.

“Locator Information” consists of the user’s name, physical address, or other information that can identify the user.

 

4.02

Healthy Encounter may, in its full right, review files, forums, impose restrictions on access to Healthy Encounter, however, it will not review e-mail content except as required by law.

 

4.03

To protect the privacy of locating Healthy Encounter keeps your information (data) in a secure file area in accordance with current laws.

 

5. Operation (Maintenance)

Healthy Encounter reserves complete discretion and right regarding the operation of Healthy Encounter, including, but not limited to, withdraw or discontinue any feature or operation of Healthy Encounter.

We reserve the right to withdraw or modify the Platform and the services provided through it, and any material we provide through the Platform, at our sole discretion and without prior notice. We will not be liable if, for any reason, all or part of the Platform and related services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to users, including registered users.

 

If you wish to access and use the platform, you must create an account (hereinafter “Account”). It is important that you provide accurate, complete and up-to-date information about your Account. If you do not, we may have to suspend or terminate your Account. You agree that you will not disclose your Account password to anyone and that you will notify us immediately of any unauthorized use of your Account. You are responsible for all activities that occur under your Account, whether you are aware of it or not. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should be especially careful when accessing your account from a public or shared computer so that others cannot view or record your password or other personal information. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time, in our sole discretion, for any or no reason, even if, in our opinion, you have violated any provision of these terms of use.

 

6. User Representation

We are committed to protecting the privacy of minors and persons with disabilities, and we do not intend to collect your personal information without authorization. If you are under the age of 21 or incapacitated, please do not share personal information to the Platform without the consent of your parent or guardian.

 

By using the Platform, you represent that you are at least the age of majority in your state or country of residence, or that you are the age of majority in your state or country of residence and you have given us your consent for any of your minor dependents to of age use this platform; and that you have the right and ability to enter into this Agreement and use Healthy Encounter in accordance with this Agreement. By using the Platform and related services, you agree to be financially responsible for the use of Healthy Encounter as well as for the use that others, including minors under your legal guardianship, make in this account and compliance with the responsibilities and obligations established in this agreement.

 

7. Rights

The content featured on Healthy Encounter is copyrighted as a collective work. It is based on the laws of the Commonwealth of Puerto Rico, United States of America and other applicable patent laws. The works that are presented are the intellectual property of the information providers, they are protected by patent laws.

All educational material featured on Healthy Encounter is solely for personal use. All information presented is the property of their respective authors and should not be reproduced without their written consent. You agree not to change or delete any material you obtain from Healthy Encounter.

 

8. License

By using the service, you agree to grant Healthy Encounter a license that freely provides for the reproduction, transmission and creation of advertising material or any other material that improves our company’s services or products.

You hereby waive your intellectual rights in any of the materials and information you send or receive.

 

9. Indemnify

By using our service, you agree to compensate (indemnify), defend and hold harmless Healthy Encounter, its officers, directors, employees, agents, information providers, its suppliers, against loss, expenses, damages and costs. including attorneys’ fees resulting from any violation of this Agreement or any activity related to your account (including third party infringement of proprietary rights) by anyone accessing Healthy Encounter using your service account.

 

10. Disclaimer, Release and Limited Liability

The liability of the company and its suppliers for all matters arising out of or related to these terms shall be limited to the amount paid by the customer for related services or content purchased from the company, its authorized reseller or its service providers in the maximum extent permitted by applicable law. The company and its suppliers shall not be liable for any indirect, special, incidental, or consequential damages or damages related to telecommunications failure, loss, corruption, security or theft of data, viruses, spyware, or the like.

 

This agreement implies that the officers, directors, employees or agents of Healthy Encounter or the providers, suppliers have no liability under the theory of liability. By using Healthy Encounter, you release and waive any claim against Healthy Encounter, its officers, directors, employees, agents, information providers or suppliers for damages you receive in the use of Healthy Encounter.

 

11. Rights of other users

The indemnification and relief provision is for the benefit of Healthy Encounter, its directors, officers, employees, agents and suppliers. Each of these individuals has the right to enforce all these alternatives against you as a personal user.

 

12. Fee for services

The use of Healthy Encounter may -in addition- have an associated cost depending on the country from which they wish to use the Platform to provide services, which may be reviewed by Telemedik at any time. Certain Platform services may have a cost for the User, according to these General Terms and Conditions of Use. Telemedik reserves the right to modify prices on the platform at any time. The changes made will take effect immediately after their publication. The Provider and User expressly authorizes Telemedik to send by electronic means, to the email address provided by the same during the registration process, the receipt of the contracted services and/or the invoices generated. If an invoice is required, the User must add the tax data to the platform before placing the order.

The User must only pay for each service requested through the Platform for the use thereof for the request of the different services and communication through the Platform, and for the services provided by third parties, operating Telemedik as a simple intermediary.

 

13. Termination

You or Healthy Encounter may terminate your right to use Healthy Encounter at any time. Healthy Encounter also reserves the right to terminate your right to use the service at its discretion without notice.

 

14. Withdrawal of the provider subscription during the free period

The provider will have 30 days of free use (calendar days) of the Platform, once they register and their account is activated.

To meet the withdrawal or cancellation period during the Provider’s free period, it is enough that the communication regarding the exercise by you of this right is made directly on the Platform under the option provided to cancel your subscription. The provider can cancel the subscription from the platform at any time, prior to the expiration of the 30 days of free use (at no cost).

 

15. Cancellation of provider subscription

Once the free subscription period ends, a monthly fee will begin to be charged to the providers for the use of the Platform. The provider can cancel the subscription from the platform at any time. The effectiveness of unsubscribing will depend on the date such request is made. If the cancellation is requested between the 1st and 15th of the month, it will be effective the first day of the following month. If the cancellation is requested after the 15th of the month, it will be effective the first day of the following month. In the event that the service is canceled by Telemedik, the User will be notified of the cancellation cost or refund, if any.

 

TeleMedik reserves the right to cancel the service without the need to allege just cause. TeleMedik has options for official claims available to the Provider and/or User, for the purpose of the service offered by TeleMedik, in the official languages of the countries where Telemedik operates. Claims may be made by the Provider and/or User through the Telemedik User Service and the option to access them will be sent automatically. The User can also make a claim via email to calidad@telemedik.com. The User must specify in the email the events related to their claim, including the exact location from which they make the request, which must coincide with the place of performance of the service, in case of doubt, the latter will be the place where the request must be filed. claim.  

 

16. Cancellation of the appointment with your provider

If a health Provider or services through the platform cancels a prepaid appointment to a User, the payment made by the User will be reimbursed by the Provider through the same payment method made. TeleMedik is not responsible for payments not reimbursed by the Providers subscribed to the Platform. TeleMedik has options for official claims available to the Provider and/or User, for the purpose of the service not offered, in the official languages of the countries where Telemedik operates. Claims may be made by the Provider and/or User through the Healthy Encounter User service and the option to access them will be sent automatically. The User can also make a claim via email to calidad@telemedik.com. The User must specify in the email the events related to their claim, including the exact location from which they make the request, which must coincide with the place of performance of the service, in case of doubt, the latter will be the place where the request must be filed. claim.

 

17. Link to third parties

As part of the Services, Healthy Encounter may provide you with convenient links to third party websites (“Third Party Sites”), as well as content or items belonging to or originating from third parties (the “Applications”, “Third Party Software” or “Contents”). These links are provided as a courtesy to our Users. TeleMedik has no control over Third Party Sites and Applications, Third Party Software or Third-Party Content or promotions, materials, information, goods or services available on these Third-Party Sites or Applications, Third Party Software or Third-Party Content. Such Third-Party Sites and Applications, Third Party Software, or Third-Party Content are not investigated, monitored, or verified for accuracy, appropriateness, or completeness by Healthy Encounter, and Healthy Encounter is not responsible for Third Party Sites accessed through the Services or any Application, Third Party Software. o Content posted to, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of Third-Party Sites or Third-Party Content. The inclusion of, linking to, or permission to use or install any Third-Party Service or any Application, Third Party Software, or Third-Party Content does not imply approval or endorsement thereof by Healthy Encounter. If you decide to leave the Services and access Third Party Sites or use or install any Applications, Third Party Software or Third-Party Content, you do so entirely at your own risk and you should note that our terms and policies no longer govern. You should review the applicable terms and policies, including the privacy and data collection practices, of any site you navigate to from our Services or in connection with any application you use or install from our Services.

 

18. Electronic communications

For contractual purposes, you agree to receive communications from Healthy Encounter in electronic format via the email address you have shared; and (b) you agree that all Terms of Use, agreements, notices, disclosures, and other communications that Healthy Encounter provides to you electronically satisfy any legal requirement that such communications would comply if they were in writing. The foregoing does not affect your inalienable rights. We may also use your email address to send you other messages, including information about Healthy Encounter and special offers. You may opt out of receiving such email by changing your account settings or by sending an email to healthyencounterapp@telemedik.com. Opting out may prevent you from receiving messages about Healthy Encounter or special offers. Communications made by you via email and the messaging system of the Platforms and related services shall not constitute legal notice to Healthy Encounter or any of its officers, employees, agents or representatives in any situation where notice to Healthy Encounter is required. Healthy Encounter by contract or any law or regulation to be written.

 

19. Miscellaneous

These services and agreements will be governed and governed by the laws of the Commonwealth of Puerto Rico and the United States of America. By using this service, you agree that any legal action between Healthy Encounter and you will be carried out in the Courts of Justice with exclusive jurisdiction in the city of San Juan, Puerto Rico. Any cause of action or claim with respect to Healthy Encounter must be within one year of the claim or cause. Neither party may modify this agreement. Healthy Encounter may assign its rights and duties under this Agreement to either party without notice to you.

 

It is your responsibility to check this page periodically for changes and/or modifications to the Terms. Your continued use of or access to the Platform following the posting of any changes constitutes acceptance of those changes. Your use of any content or service accessible through the Platform may be subject to your acceptance of separate agreements with Company or third parties. You can review the most current version of the terms of service at any time on this page.

 

20. Notice

Healthy Encounter may provide notice of this Agreement by email, Healthy Encounter’s general written notice by general mail, and/or posting on the website.