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TERMS AND CONDITIONS

 

Last updated: September 22, 2017

 

1. CONTRACTUAL RELATIONSHIP

 

These Terms of Use (“Terms”) govern your access and use, as a person within Brazil, of applications, websites, content, goods and services (the “Services”) provided by Onyouhealth registered under CNPJ 06.083 .583.0001-48, a limited liability company established in Brazil, with its headquarters at Rua Uruguai, 1300, 3rd floor, CEP 99010-110, Passo Fundo / RS

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.

 

By accessing and using the Services you agree to these terms and conditions, which establish the contractual relationship between you and Onyouhealth. If you do not agree to these Terms, you may not access or use the Services. Upon such access and use, these Terms immediately terminate, supersede and supersede all prior agreements, Terms and Agreements. Onyouhealth may immediately terminate these Terms or any Services in relation to you or, in general, cease offering or denying access to the Services or any part thereof at any time and for any reason.

 

Additional terms may apply to certain Services, such as conditions for a particular event, activity or promotion, and these Additional Terms will be disclosed in relation to the respective Services. Additional terms are complementary and considered an integral part of these Terms for the purposes of the respective Services. Additional terms shall prevail over these Terms in case of conflict with respect to such Services.

 

Onyouhealth may change the Service Terms at any time. Amendments shall take effect when Onyouhealth posts the updated version of the Terms at this location or the updated terms or additional Terms about the Service. The fact that you continue to access or use the Services after this post represents your consent to be bound by the Amended Terms.

 

Our collection and use of personal information associated with the Services is governed by the Onyouhealth User Privacy Statement. Onyouhealth may provide a claims or insurer management with any necessary information (including your contact information) if there is any claim, litigation or conflict, and such information or data is necessary to resolve the claim, litigation or conflict.

 

2. THE SERVICES

 

The Services integrate a technology platform that enables Onyouhealth mobile application users or websites, provided as part of the Services (each an “Application”), to provide and to schedule Services for consultation or clinical analysis with third party independent providers of these Services, under an agreement with Onyouhealth. Unless otherwise agreed by Onyouhealth in a separate written agreement entered into with you, the Services are made available for your personal use. YOU ACKNOWLEDGE THAT ONYOUHEALTH IS NOT A SUPPLIER OF GOODS, DOES NOT PROVIDE SERVICES OF CLINICAL CONSULTATIONS AND ANALYSIS, AND THAT ALL THESE SERVICES ARE RENDERED BY THIRD PARTIES INDEPENDENT THAT ARE NOT EMPLOYED AND NO ONYOUHEALTH REPRESENTATIVES.

 

LICENSE.

 

Subject to compliance with these Terms, Onyouhealth grants you a limited, non-exclusive, non-sublicenseable, revocable, non-transferable license to: (i) access and use the Applications on your personal device solely for your use of the Services; and (ii) access to and use of any content, information and related material that may be made available through the Services, in each case, for your commercial use. Any rights not expressly granted by these Terms are reserved to Onyouhealth and its subsidiaries.

 

RESTRICTIONS.

 

You may not: (i) remove any copyright notice, trademark law or other proprietary notices from any part of the Services; (ii) reproduce, modify, prepare derivative works, distribute, license, lease, sell, resell, transfer, display, transmit, transmit or otherwise exploit the Services, except as expressly permitted by Onyouhealth; (iii) decompile, reverse engineer or disassemble the Services, except as permitted by applicable law; (iv) connect, mirror or cut any part of the Services; (v) make or launch any programs or scripts for the purpose of scraping, indexing, searching or otherwise obtaining data from any part of the Services, or unduly overloading or impairing the operation and / or functionality of any aspect of the Services Services; or (vi) attempt to gain unauthorized access to the Services or to impair any aspect of the Services or its related systems or networks.

 

PROVISION OF SERVICES.

 

You acknowledge that the Services may be made available on an Onyouhealth brand or different request options associated with independent third party clinical consultation and analysis services, including query marks and clinical analyzes currently referred to as “ONYOUHEALTH”. You further acknowledge that the Services may be available under such trademark and solicitation options offered by or associated with: (i) certain subsidiaries of Onyouhealth; or (ii) Independent Third Party Providers, holders of permission to Services for consultation and clinical analysis in the professional category with licenses of the competent Body related to their profession.

 

SERVICES AND CONTENT OF THIRD PARTIES (AS).

 

The Services may be made available and accessed in connection with Third Party Services and Content (including advertising) that Onyouhealth will not control. YOU ACKNOWLEDGE THAT DIFFERENT TERMS OF USE AND PRIVACY POLICY MAY APPLY TO YOUR USE OF THESE SERVICES AND CONTENT OF THIRD PARTIES. Onyouhealth SHALL NOT, IN ANY WAY, BE LIABLE FOR ANY PRODUCT OR SERVICE OF THESE THIRD PARTY SUPPLIERS. In addition, Apple Inc., Google, Inc., and / or its subsidiaries and affiliates will be the third party beneficiaries of this Agreement if you access the Services using applications developed for Apple iOS, Android, respectively. These third party beneficiaries are not parties to this Agreement and are not responsible for providing the Services or for any form of support for the Services. Your access to the Services using such devices is subject to the conditions set forth in the terms of services of the respective third party (s).

 

OWNERSHIP.

 

The Services and all rights thereto are and will remain the property of Onyouhealth. These Terms and the use of the Services do not grant or confer any right upon you: (i) on the Services, except for the limited license granted above; or (ii) to use or otherwise refer to Onyouhealth’s corporate names, logos, service names, trademarks or service marks.

 

3. THE USE OF THE SERVICES

ACCOUNTS OF USERS (PATIENTS).

To use most of the Services, you must register and maintain a personal Services user account (“Account”). You must be at least 18 years of age or the legal majority required by your forum (if you are not 18 years of age) to open an Account. Account Registration requires that you submit to Onyouhealth certain personal information, such as your name, email. You agree to maintain correct, complete and current information in your Account. If you do not maintain correct, complete, and up-to-date information in your Account, including whether the payment method informed is invalid or expired, you may be unable to access and use the Services or Onyouhealth may terminate these Terms. You are responsible for all activities performed on your Account and you agree to always maintain the security and confidentiality of your Account username and password. Unless otherwise permitted by Onyouhealth in writing, you may only hold one Account.

 

ACCOUNTS OF USERS (PHYSICIANS / CLINICS)

To use most of the Services, you must register and maintain a personal Services user account (“Account”). You must be at least 18 years of age or the legal majority required by your forum (if you are not 18 years of age) to open an Account. Account Registration requires you to provide Onyouhealth with certain personal information, such as your name, address, mobile phone number, as well as at least one valid payment method (credit card or payment partner accepted). You agree to maintain correct, complete and current information in your Account. If you do not maintain correct, complete, and up-to-date information in your Account, including whether the payment method informed is invalid or expired, you may be unable to access and use the Services or Onyouhealth may terminate these Terms. You are responsible for all activities performed on your Account and you agree to always maintain the security and confidentiality of your Account username and password. Unless otherwise permitted by Onyouhealth in writing, you may only hold one Account. You should also be informed in the “DESCRIPTION” field of legal information on the legislation of your region.

 

CONDUCT AND OBLIGATIONS OF THE USER.

 

The Service is not available for use by individuals under the age of 18. You may not authorize third parties to use your Account, you may not allow persons under the age of 18 to receive Third Party Provider Services and Clinical Trials unless they are in your company. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services and that you may only use the Services for legitimate purposes. You may not, when using the Services, cause disruption, inconvenience, inconvenience or damage to the property of Third Party Providers or any other third party. In certain situations, you may be required to provide proof of identity to access or use the Services, and you agree that you may have your access to or use of the Services denied if you decline to provide proof of identity.

 

You represent and warrant that: (i) you are the sole and exclusive owner of all User Content or have all rights, licenses, consents and releases necessary to grant Onyouhealth the license to the above User Content (a); and (ii) neither the User Content nor its presentation, uploading, publication or otherwise making available of such User Content nor the use of the User Content by Onypuhealth in the manner here permitted will infringe, constitute misappropriation or infringement of third party intellectual property or right of ownership, or publicity or privacy rights and shall not result in violation of any applicable law or regulation.

 

You agree not to provide User Content that is defamatory, libelous, abusive, violent, obscene, pornographic, illegal or otherwise offensive, as determined by Onyouhealth in its sole discretion, whether or not such material is protected by law. Onyouhealth may, but is not obligated to, analyze, monitor or remove User Content at the sole discretion of Onyouhealth at any time and for any reason without notice to you.

 

ACCESS TO THE NETWORK AND EQUIPMENT.

You are responsible for obtaining access to the data network required to use the Services. The charges and charges for your data network and messaging may apply if you access or use the Services on a wireless device and you are responsible for those fees and charges. You are responsible for acquiring and updating the equipment and devices required to access and use the Services and Applications and any updates thereof. ONYOUHEALTH DOES NOT WARRANT THAT THE SERVICES, OR ANY PART OF THEM, WILL WORK ON ANY EQUIPMENT OR DEVICE IN PARTICULAR. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

 

4. FROM THE USER PAYMENT TO ANY THIRD PARTY

There is no cost to register with us or download the app on your mobile device. Each health professional defines their own rates or for their time and services. Only ask a healthcare professional if you really need it.

You understand that the services you receive from a Third Party Provider, contracted through the Services, may be charged (“Price”). After you have received services obtained through the use of the Service, Onyouhealth will not receive any payment from user to service provider. These amounts must be paid in the act of providing the service to the outsourced provider himself or herself being a medical or clinical analyst, price will include all taxes required by law.

The price paid for you is final and non-refundable unless otherwise determined by Onyouhealth. You have the right to request a reduction in the Price to the Third Party Provider for services of that Third Party Provider at the time you receive such services. Onyouhealth will not respond to any Third Party Provider requests to modify the Price for a particular service. To the fullest extent permitted by applicable law, Onyouhealth reserves the right to limit prices charged in kind to credit cards or health plans as desired by the third party provider. The total price is due and must be paid immediately after the service is provided.

 

FROM MEDICAL PAYMENT / CLINIC TO ONYOUHEALTH.

There is no cost to register with us or download the app on your mobile device. Each health professional defines their own rates or for their time and services.

For medical package values are in the “STORE” menu of the app the doctor / clinic should select the option you want.

The payment of the packages are made through Paypal.

Each service accepted by the health professional is discounted from the package purchased in the store, if the doctor or patient cancel the service after it has been confirmed the discounted value of the package is not refunded.

 

5. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY; INDEMNITY.

DISCLAIMER OF WARRANTY.

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. ONYOUHEALTH DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY STATED IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHERMORE, ONYOUHEALTH MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, TIMELINESS, QUALITY, FITNESS, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR EXAMINATIONS REQUESTED THROUGH THE USE OF THE SERVICES, WHETHER THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. ONYOUHEALTH DOES NOT WARRANT THE QUALITY, FITNESS, SECURITY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT ANY RISK ARISING OUT OF THE USE OF THE SERVICES AND ANY SERVICE OR WELL REQUIRED BY THE TECHNOLOGY WILL ALWAYS BE YOURSELF TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

 

LIMITATION OF LIABILITY.

ONYOUHEALTH SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, RELATED DAMAGES, MERCHANTABILITY, OR RELATED DAMAGES, ARISING OUT OF OR IN ANY USE OF THE SERVICES, WHETHER ONYOUHEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES DAMAGE. ONYOUHEALTH SHALL NOT BE LIABLE FOR ANY DAMAGES, OBLIGATIONS OR DAMAGES ARISING OUT OF: (i) YOUR USE OF THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY OPERATION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF ONYOUHEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ONYOUHEALTH SHALL NOT BE LIABLE FOR DELAYS OR FAILURES ARISING OUT OF CAUSES OUTSIDE OF ONYOUHEALTH’S REASONABLE CONTROL AND, ALSO, FOR QUALITY

AND THE INTEGRITY OF GOODS AVAILABLE THROUGH THIRD PARTY PROVIDERS. ONYOUHEALTH SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULATE LABORATORY CONSULTATION SERVICES AND LABORATORY EXAMS PROVIDED BY THIRD PARTY PROVIDERS, BUT YOU AGREE THAT ONYOUHEALTH HAS NO LIABILITY FOR YOU, ON BEHALF OF ANY CONSULTATION SERVICE AND CLINICAL EXAMINATIONS CARRIED OUT BY THIRD PARTY PROVIDERS, EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS. AS A CONSEQUENCE, ONYOUHEALTH HAS NO LIABILITY FOR CONDUCTED BY THIRD PARTY PROVIDERS OR FOR ANY LOST ITEMS IN THIRD PARTY DIAGNOSTICS AND CLINICS ‘CLINICS.

THE LIMITATIONS AND DISCLAIMER OF WARRANTIES CONTAINED IN THIS SECTION 5 SHALL NOT BE THE OBJECTIVE TO LIMIT LIMITATIONS OR ALTER CONSUMER RIGHTS THAT UNDER APPLICABLE LAW CAN NOT BE LIMITED OR CHANGED.

 

INDEMNITY.

You agree to indemnify and hold Onyouhealth, its directors, counselors, employees and agents exempt from liability for any and all claims, charges, damages, liabilities and expenses (including attorneys’ fees) arising out of or relating to: (i) the use of the Services, services or goods obtained through the use of the Services; (ii) noncompliance or breach of any provision of these Terms; (iii) the use by Onyouhealth of User Content (a); or (iv) violation of the rights of third parties, including Third Party Providers.

 

6. APPLICABLE LEGISLATION; JURISDICTION.

These Terms shall be governed by and construed exclusively in accordance with the laws of Brazil. Any claim, conflict or controversy arising out of or relating to this agreement, including its validity, interpretation or enforceability, shall be settled exclusively by the courts of the jurisdiction of your domicile.

 

7. OTHER PROVISIONS

ALLEGATIONS OF INFRINGENCY OF COPYRIGHT.

Allegations of copyright infringement should be directed to the representative appointed by Onyouhealth. Refer to the Onyouhealth website at https://www.onyouhealth.com for the indicated address and other information.

 

WARNINGS.

Onyouhealth may send notices by way of general notifications in the Services, e-mail to your e-mail address in your Account. You may notify Onyouhealth through the Application, communication by email at contact@onyouhealth.com

 

GENERAL PROVISIONS.

You may not assign or transfer these Terms, in whole or in part, without the prior written approval of Onyouhealth. You grant your permission for Onyouhealth to assign and transfer these Terms in whole or in part, including: (i) to a subsidiary or affiliate; (ii) an acquirer of Onyouhealth’s equity interests, businesses or assets; or (iii) to a successor in connection with any corporate transaction. There is no joint venture, partnership, employment, or relationship of representation between you, Onyouhealth or any Third Party Providers as a result of the agreement between you and Onyouhealth or the use of the Services.

If any provision of these Terms is held to be unlawful, invalid or unenforceable in whole or in part by any law, such provision or part thereof shall be deemed to be to the extent not existing for the purposes of these Terms but the legality, validity and enforceability of the other provisions of these Terms shall not be affected. In such a case, the parties shall replace the unlawful, invalid or unenforceable provision or part thereof by another that is lawful, valid and enforceable and which, to the maximum extent possible, has a similar effect to the provision deemed to be unlawful, invalid or unenforceable for purposes of content and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties on this matter and supersede and supersede all prior understandings and commitments in this regard. In these Terms, the words “inclusive” and “includes” mean “including, without limitation”.
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