These User Terms and Conditions govern the contractual relationship between users (hereinafter referred to as the “User, Users”) of the mobile application called Medicenter (hereinafter referred to as the “Application”) and the owner of the Application, Medicenter Company LLC, with registered office at 8 The Green 16614, Dover, DE 19901, USA, e-mail address legal@medicenter.com (hereinafter referred to as “MEDICENTER” and collectively with the Users, as the “Parties”). Users shall be bound by these User Terms and Conditions, together with all other policies and guidelines of MEDICENTER, which are incorporated herein.
The User must read, understand and agree to all of the terms and conditions set forth in the User Terms and Conditions, the Privacy Policy and the Cookie Policy.
ANY USER WHO DOES NOT ACCEPT THESE DOCUMENTS, WHICH ARE MANDATORY AND BINDING, SHALL REFRAIN FROM USING THE APPLICATION.
MEDICENTER provides an application to enable Users to securely digitize, store and share their health records with third parties (hereinafter referred to as the “Service”).
For the purposes of this Agreement, “Third Parties” shall mean healthcare professionals, healthcare assistants and non-healthcare professionals who have access to the information generated and voluntarily submitted by the User through a QR Code and/or Link (hereinafter referred to as the “QR Code” and the “Link”). For more information, please refer to the Terms and Conditions of Shared Documents.
SECTION ONE: Registration.
1.1. In order to access the contents of the Application and the Service, the User must register in the MEDICENTER system by entering their e-mail address, name, last name, date of birth, user name and password (hereinafter referred to as the “Account”). The Account is personal, unique and non-transferable.
1.2. The User must fill all registration fields with valid data and verify that the information provided to MEDICENTER is accurate, precise and true (hereinafter referred to as the “Data”). MEDICENTER may use various means to identify Users, including various means provided by third parties, but MEDICENTER is not responsible for the accuracy of the Data provided by its Users. The accuracy of the Data provided by Users is their sole responsibility.
1.3. MEDICENTER reserves the right to request additional documentation and/or data from its Users in order to confirm the accuracy of the data provided, as well as to temporarily and/or permanently suspend the Service to any User whose data could not be confirmed and/or verified, without such circumstances giving the User the right to any type of claim and/or compensation against MEDICENTER. The data provided by the User will be incorporated into a database under the responsibility of MEDICENTER’s staff. For more information, please refer to the Privacy Policy.
1.4. The User is solely responsible for their account and agrees not to disclose their account password to any Third Party or allow access to it, except as provided for in Section Three hereof.
1.5. In the event that MEDICENTER discovers different accounts with matching or related data, it may cancel, suspend and/or delete them without prior notice, without the Users being entitled to any compensation of any kind.
1.6. Any use of the Application through the User’s Account shall be deemed by MEDICENTER to have been made by the User and at the User’s own risk. The Account is personal, unique and non-transferable.
1.7. It is prohibited for a competitor of MEDICENTER to access the Services provided by MEDICENTER, except with MEDICENTER’s prior consent. It is also prohibited to access the services provided by MEDICENTER in order to monitor their performance or functionality, to publish them or make them available to other competitors or third parties not covered by these Terms and Conditions, or for any other benchmarking or competitive purposes.
SECTION TWO: General Conditions of the Services.
2.1. With respect to the functions of MEDICENTER:
(I) To provide an Application whose main function is to allow its Users to securely digitize, store and share their health information (hereinafter referred to as “Health Records”) with Third Parties (hereinafter referred to as the “Service”).
(II) The User may upload past and present medical tests from their library or archive, or simply take a photograph and/or record a video of them.
(III) The User may organize and classify previously uploaded medical studies in predefined folders or create new folders for the same purpose.
(IV) The User may fill their medical records with Sensitive Data, such as, but not limited to, racial and ethnic origin, place of birth, place of residence, type and number of health insurance coverage, blood group and blood factor, information about toxic habits, gender identity and/or data related to sexual life, current and/or past diseases, current and/or past medications and/or treatments, and health history or other health data of family members. For more information on the use and processing of Sensitive Data, please refer to the Privacy Policy.
(V) The User may upload daily health parameters of interest to them, such as, but not limited to, height, weight, blood pressure, blood glucose level, heart rate, respiratory rate, to keep track throughout their life.
(VI) The User may set up reminder alarms to take a certain medication or to visit a particular healthcare facility.
(VII) The user will be able to explore daily tips in the health categories that most interests them.
2.2. Regarding sharing of information with third parties:
(I) The User may share their health parameters, a medical exam, a folder of medical exams or their entire health history through a QR code and/or Link that they must generate and display in front of a Third Party.
(II) In order to generate such QR code and/or Link, the User must click on the information they want to share and then a unique, unrepeatable and encrypted QR code and a Link will be automatically generated, which can be scanned using any mobile phone with a camera. It will not be necessary for the Third Party to have an account with MEDICENTER for viewing the shared information.
(III) The User may choose how long the Third Party shall have access to view the Shared Information: 1 hour, 24-hour or permanent access. If the User regrets or changes their mind, they may stop viewing their Shared Information at any time. To do so, log into your MEDICENTER Account, go to Interactions, select Shared Information and click on Stop Sharing.
By accepting these User Terms and Conditions, the User declares that they are aware of the risks involved in sharing their Sensitive Data with Third Parties (in accordance with the concept of Third Parties and the assumptions that this term includes, as agreed by the Parties within the scope of the User Terms and Conditions for Shared Documents) and acknowledges that the latter shall be solely responsible for the treatment of their shared information, and that it will indemnify MEDICENTER, its controlled and controlling companies, directors, partners, employees, attorneys and agents against any claim arising from any breach by third parties of any provision contained in the Terms and Conditions of Shared Documents or any law or regulation applicable thereto. For more information, please refer to Section Six hereof and the Terms and Conditions of Shared Documents.
(IV) User may create accounts for minors under the age of eighteen (18). For more information, please refer to Section Three hereto and the Privacy Policy.
2.3. Users are always considered the owners of their health records and can access them at any time. In order to request a copy of such information, the User may print it directly from their account. In this regard, the User may also request a copy authenticated by MEDICENTER.
The User may request the health records using the application at legal@medicenter.com. Notwithstanding the foregoing, and if necessary, the Health Records may be requested by:
- a) The User’s legal representative, as referred to in Section Eleven;
- b) The spouse or person living with the User in a domestic partner relationship;
- c) The heirs by operation of law, if any, with the User’s authorization, unless the User is incapable of giving such authorization;
- d) Doctors and other healthcare professionals, if they have the express authorization of the User or the User’s legal representative.
The persons referred to in items a), b) and c) must provide MEDICENTER with proof of their relationship with the User and/or sufficient authorization in the case of item d).
2.4. In any case, the Services shall be provided by MEDICENTER to the User free of charge.
2.5. The User understands and accepts that any information entered into the Application is provided at the User’s own free will and that MEDICENTER shall not be liable for any missing information or incorrect documentation entered into the Application due to the User’s fault.
2.6. MEDICENTER shall not be liable for the quality of the services, assistance or results of the services provided by Third Parties, whether they are medical professionals and/or healthcare assistants or others, involved in the User’s relationship, whether such services are provided through the Application or not.
2.7. The User accepts that third parties may make comments on the health records shared by the User. In this regard, the User will be able to view, in the “Queries” folder, the date and time of the query, the name and last name of the Healthcare Professional and/or Healthcare Assistant and/or Third Party, as well as their comments, whether it is a diagnosis, treatment or useful information.
2.8. The User accepts that third parties have the possibility, but not the obligation, to comment on the documents shared by the User. If the Third Party voluntarily decides to make a comment, the User will be able to view the comment in the “Queries” folder. In this folder, the User will be able to see the date and time of the comment, the name and last name of the Third Party, as well as the comments on diagnosis(s), treatment(s), indications or any other information useful to the User.
SECTION THREE: Minors
3.1. The MEDICENTER Application and the MEDICENTER Service are intended only for persons over the age of 18 (eighteen). If a person under the age of 18 (eighteen) has access to the Services, their use must be managed by their parents, guardians or legal representatives.=
3.2. In the exceptional case of a minor between 16 (sixteen) and 18 (eighteen) years of age (adolescent), the Application may be used in accordance with the provisions of Article 26 of the Argentine Civil and Commercial Code (treatments that are not invasive, do not affect their health condition or cause a serious risk to their life or physical integrity). In this case, the teenager will be solely responsible for the use of the application and the accuracy of the information provided.
3.3. In the event that a User registered with MEDICENTER wants to create an account for a minor, they must prove that they are the parent, guardian or legal representative of the minor by submitting appropriate documentation, e.g. the birth certificate of the minor or other similar document issued by a competent administrative or judicial authority.
If the validation of such documentation is successful and approved by MEDICENTER (which reserves the right to approve), the new account created for the minor will be managed by the person who created it. Once the Minor has reached the age of 18 (eighteen) (i.e. has formalized the act of emancipation), they may contact legal@medicenter.com to request the release of the Account and allow them direct and exclusive access to the Account, or ask their representative to click on the option RELEASE ACCOUNT found in the User’s profile. For more information, please refer to Section Four hereof.
SECTION FOUR: Legal Representative
4.1. In cases where it is necessary, the User may act as the legal representative and/or guardian of the Represented Party (hereinafter referred to as the “Representative”) and create an Account for the Represented Party (hereinafter referred to as the “Represented Party”) attached to their Account in order to record the Represented Party’s medical records and share them with the relevant medical professionals and/or assistants.
For this purpose, the Representative must provide proof of their status as a Representative at the time of the Representative’s registration and attach the relevant documentation to the Application. The Representative is aware that, in addition to the submission of the aforementioned documents, by accepting these User Terms and Conditions, this act has the character of a sworn declaration regarding their identity and their authorization to act in the name of and on behalf of and/or for the benefit of the Represented Party.
MEDICENTER reserves the right to request any additional documentation and/or information in order to confirm the invoked character, and to temporarily and/or definitively suspend the Service to the Represented Party, whose Representative’s information could not be confirmed. The Personal Data provided by the Representative will be incorporated into a database managed by MEDICENTER’s staff. For more information, please refer to the Privacy Policy.
4.2. The Representative shall act on behalf of the Represented Party in the use of the Application and agrees to respect the rights of the Represented Party in the exercise of these rights and shall be legally responsible for all their actions in relation to the use of the Services.
4.3. The Representative understands and accepts that MEDICENTER may request, every 6 (six) months, the accreditation of their representation and certain documents, such as, but not limited to, certificates or birth certificates of the Represented Party, in order to accredit the validity of their representation.
Notwithstanding the foregoing, MEDICENTER may verify the information provided by the Representative, but shall not be responsible for ensuring the validity and/or proof of the relationship between the Represented Party and the Representative. In this respect, MEDICENTER relies on the Representative’s good faith.
4.4. In the event that the Representative, for any reason whatsoever, becomes an authorized user, they shall send an e-mail to legal@medicenter.com informing MEDICENTER of this fact and accrediting them so that MEDICENTER can inform them of the steps to be taken. This notice can also be made by the Representative by clicking on the option RELEASE ACCOUNT found in the Represented Party’s profile.
SECTION FIVE: Use of the Application
5.1. MEDICENTER shall not be liable if the User does not have a means of communication or a technological device compatible with the use of the Application to access the Information and/or the Service.
5.2. The User agrees to use the Application properly and lawfully, in accordance with applicable law, these User Terms and Conditions, morality and decency.
5.3. By using the Application or the Services, the User agrees:
- Not to use the Service for purposes that are unlawful, illegal, contrary to the provisions of these User Terms and Conditions, contrary to good faith, detrimental to the rights and interests of third parties;
- Not to attempt to damage the Service or the Application in any way or access restricted resources on the Application;
- Not to use the Service or the Application with an incompatible or unauthorized device;
- Not to introduce or distribute a computer virus (or similar) or any other physical or logical system that may damage the Application.
SECTION SIX: Liability
6.1. MEDICENTER only provides the User with an application that offers the User certain tools for obtaining a record and for digitizing and centralizing their health records and thus making them available to third parties, whether medical and/or paramedical professionals or others, in accordance with the provisions of these User Terms and Conditions. MEDICENTER only provides the User with the technical means necessary for the management, storage and provision of the User’s information and data and shall not be liable for any other obligations.
6.2. MEDICENTER makes every effort to facilitate the management of the information in the most useful and accurate manner possible, but makes no warranties with respect to the data provided or the information contained in the Health Records. MEDICENTER does not guarantee the accuracy of the data collected and transmitted through the Application, which is the sole responsibility of the User, without exception.
6.3. MEDICENTER is not responsible for the accuracy, reliability, availability, effectiveness or use of the information provided by the User.
6.4. The MEDICENTER Service is not intended to diagnose and/or cure any disease. The User should consult a healthcare professional for any questions related to their Health Records. MEDICENTER shall not be liable for any health problems that the User may suffer while using this application.
6.5. The User acknowledges and accepts that the use of the MEDICENTER application is at the User’s own risk. Under no circumstances shall MEDICENTER be liable for any other damage and/or harm that the User may suffer, whether pecuniary or non-pecuniary, as a result of the services provided.
6.6. Users understand and accept that the medical professionals consulted by the User are independent professionals and/or employees of third parties. Likewise, the Users accept that the medical professionals and/or assistants are directly responsible for the quality of the services they provide.
Neither MEDICENTER nor any of its owners, managers, directors, employees, agents, partners, advertisers, affiliates or beneficiaries assume any legal liability for any incorrect or misleading information provided by any Third Party, whether medical and/or auxiliary healthcare professional or otherwise.
6.7. The information provided by the User to the Healthcare Professional and/or Auxiliary Professional and/or any other Third Party through the Application is the sole responsibility of such Third Party. The User understands and agrees that they shall have no claim against MEDICENTER for the use of such information by such Third Party. Accordingly, MEDICENTER shall not be liable for the actions of such Third Party. For more information, please refer to the Terms and Conditions of Shared Documents.
SECTION SEVEN: Use and Warranty
7.1. MEDICENTER does not guarantee the availability and continuity of the operation of the Application. Consequently, MEDICENTER shall in no event be liable for any damages arising from (I) the lack of availability or accessibility of the Application; (II) interruptions in the operation of the Application or computer malfunctions, telephone failures, interruptions, delays or blockages caused by defects or overloads in telephone lines, data centers, communication systems, the Internet or other electronic systems occurring in the course of their operation; and (III) any other damages that may be caused by third parties through unauthorized interference beyond the control of MEDICENTER.
7.2. MEDICENTER does not guarantee the absence of viruses or other elements in the Application introduced by third parties outside MEDICENTER that may cause alterations in the physical or logical systems of the User or in the electronic documents and files stored in its systems. Consequently, MEDICENTER shall not be liable under any circumstances for damages of any kind that may be caused by the presence of viruses or other elements that may cause alterations in the physical or logical systems, electronic documents or files of the User.
7.3. MEDICENTER takes various security measures to protect the Application and its contents from computer attacks by third parties, in accordance with industry standards and current legal regulations regarding the use of information shared with healthcare professionals and/or assistants and/or third parties. However, MEDICENTER does not guarantee that unauthorized third parties will not be able to know the conditions, characteristics and circumstances under which the User accesses the Application. Consequently, MEDICENTER shall in no event be liable for any damages arising from such unauthorized access.
7.4. By accepting these User Terms and Conditions, the User agrees to indemnify, defend and hold MEDICENTER, its affiliates, directors, partners, employees, attorneys and agents harmless from and against any and all claims arising out of (I) any breach by the User of any provision of these User Terms and Conditions or any applicable law or regulation, (II) any breach or violation of the rights of any third party, including, but not limited to, other Users, and (III) any failure to comply with the authorized use of the Application.
SECTION EIGHT: Intellectual and Industrial Property Rights
8.1. The User acknowledges and accepts that all intellectual and industrial property rights to the contents and/or any other elements inserted in the Application (including, but not limited to, trademarks, logos, trade names, texts, images, graphics, designs, sounds, databases, software, flowcharts, presentations, audio and video, etc.) belong to MEDICENTER.
8.2. MEDICENTER authorizes the User, for the duration of the Service, to use, view, print, download and store the contents and/or elements inserted in the Application exclusively for their personal, private and non-profit use, and to refrain from any act of decompilation, reverse engineering, modification, disclosure or transfer. Any other use or exploitation of the Content and/or other elements inserted in the Application, other than those expressly provided for herein, shall require the prior authorization of MEDICENTER.
SECTION NINE: Data Protection
9.1. The Personal Data and Sensitive Data provided by the User in their Account will be included in a database for which MEDICENTER is responsible, the address of which is indicated in the title of this document.
9.2. MEDICENTER cannot assure its Users of the confidentiality and privacy of data that has previously been voluntarily shared with a Third Party using a QR code and/or Link. In such a situation, MEDICENTER SHALL NOT BE LIABLE FOR THE PROCESSING OF SUCH DATA.
9.3. MEDICENTER declares that the Personal Data of the User will be used for the purposes stated in the Privacy Policy.
9.4. Users may rectify and/or update their Personal Data and Sensitive Data, in accordance with the provisions of the applicable regulations (Law No. 25.326 on the Protection of Personal Data, its complementary and amending regulations and any regulation that may replace it in the future).
9.5. MEDICENTER agrees to ensure compliance with the provisions of the applicable law on the protection of Personal Data of Users and to guarantee the rights conferred by the aforementioned regulations. For more information, please refer to the Privacy Policy.
9.6. MEDICENTER may also delete, modify or provide access to Personal Data at the request of the competent authority for the protection of Personal Data or a court that requests it, in accordance with our Privacy Policy, the provisions of Law No. 25.326, Decree No. 1558/2001 and any other applicable law that may replace or supplement it.
SECTION TEN: Termination of the Service
10.1. In the event that the User wants to terminate the Service, the User understands and agrees that they may request MEDICENTER to transfer and/or destroy all information managed by MEDICENTER in connection with the provision of the Service. In the case of anonymous and statistical information, MEDICENTER may retain it for 10 (ten) years, in accordance with the aforementioned regulations.
10.2. MEDICENTER recommends that the User regularly back up all data and/or information used with the Service in order to prevent its loss or deterioration due to the total or partial suspension or cancellation of the Service. MEDICENTER shall not be liable for any loss of information or data resulting from the suspension of the Service for any reason.
SECTION ELEVEN. Notifications
10.1. MEDICENTER may notify the User as it deems appropriate, by means of an individual and/or general notification in the Application and/or by e-mail to the address provided by the User. The User may notify MEDICENTER by sending an e-mail to info@medicenter.com.
SECTION TWELVE: Assignment
The User may not assign their rights and obligations under these Terms and Conditions. MEDICENTER may assign these Terms and Conditions without the prior consent of the User to any entity within their group of companies anywhere in the world and to any person or entity that succeeds them in the conduct of their business, regardless of title.
SECTION THIRTEEN: Applicable Law and Jurisdiction
These Terms and Conditions and the relationship between MEDICENTER and the User shall be governed by and construed in accordance with the laws of the Republic of Argentina, and any dispute arising in connection therewith shall be submitted to the ordinary courts of the Province of Salta, Republic of Argentina.
The Parties agree that they may bring claims or lawsuits against each other only on an individual basis and not as a plaintiff or class member. Users expressly waive the right to bring or be part of a claim or class action. This Agreement shall be valid only in jurisdictions where such a waiver is provided for. In jurisdictions where no such waiver is provided for, the Parties agree that the remaining provisions shall continue to apply.