General Terms and Conditions of Use

1. GENERAL INFORMATION

DOCTORS BARCELONA, owned by MEDVISIT, S.L.U. (hereinafter, “DOCTORS BARCELONA) has established the present general terms and conditions of use (hereinafter, “Terms and Conditions“) in order to regulate the access and use of the present website www.doctorsbarelona.com (hereinafter, the “Web/Platform“).

The aim of DOCTORS BARCELONA is to provide medical services of doctors at home or hotel in Barcelona. Providing English speaking doctors 24 hours a day, 365 days a year, including weekends and holidays. DOCTORS BARCELONA will only process the payment related to the medical home visit, which will not include the cost for injections nor drugs/medicines, among others. DOCTORS BARCELONA does not intervene in the execution of the services hired through the Web/Platform, being doctors solely responsible for the proper provision of the services, depending on the characteristics listed on the Web/Platform.

The use and navigation through this Web/Platform grants you the status of User. It is for this reason that we recommend a careful reading to proceed to its proper use, since the mere use of it implies full, unconditional and irrevocable acceptance of these Terms and Conditions, and any use contrary to the herein provided is completely prohibited, being susceptible of generating responsibilities towards the owner of the Website/Platform. It is the obligation of Users accessing the Web/Platform to know these Terms and Conditions and check them regularly as they may be subject to modification by DOCTORS BARCELONA without prior notice.

2. IDENTIFICATION DATA

In compliance with the reporting obligations contained in Article 10 of the Law 34/2002 of July 11th, Information Society Services and Electronic Commerce, the following data is shown below:

The company that owns the web domain is MEDVISIT, S.L.U. (hereinafter DOCTORS BARCELONA), established for these purposes in Passeig dels Til·lers, No. 3, CP 08034 Barcelona, Spain with C.I.F. number B66234949, registered in the Commercial Registry of Barcelona, Page B-449 048 156 Volume Sheet 44187. Website contact email: help@medvisit.io

The information and contents included on our Web/Platform are owned by DOCTORS BARCELONA. Obtaining, reproducing, distributing, transferring, transmitting, transforming, modifying, exploiting or publicly communicating it, for use other than the one intended herein, is strictly prohibited.

3. GENERAL DESCRIPTION OF CONTENTS AND SERVICES OF THE WEB/PLATFORM

The services provided by DOCTORS BARCELONA are based on the Users needs to contact doctors, receiving and confirming requests for hiring between users and doctors, and processing the payments related to the services hired through the Web/Platform.

DOCTORS BARCELONA may receive and confirm requests for the procurement of services and help, if requested, to make all the necessary arrangements so that all services are carried out in accordance with the law.

Our services are indicated to treat adults and minors, but in order to hire them, the hiring party must be at least 18 years.

4. PAYMENT OF THE SERVICE THROUGH THE WEB/PLATFORM

The User may access the payment of the hired services of the doctor through the Web/Platform, following every step of the hiring process set by the Web/Platform. The rate applied to the Service will be the one that results at the end of the payment gateway, according to the applicable variables at the time, having Users total freedom to accept or reject rate. At the time of payment, the User may pay by credit card or debit card, and the amount will be retained by the payment gateway Stripe (https://stripe.com) available on the Web/Platform, until it is certain the service has been completed by the doctor. In addition, the hiring gateway of the Web/Platform will inform the User, once the hiring process is completed, via email, of all the relevant features of the service. If the User does not receive the confirmation email within twenty-four hours (24h) after the completion of the purchase/payment, it is the responsibility of the User to confirm with DOCTORS BARCELONA approval of the transaction.

5. ACCESS, USE AND FUNCTIONING OF THE WEB/PLATFORM

5.1 Conditions

Access to and use of the Web/Platform is subject and, therefore, shall be governed by everything contained in these Terms and Conditions. Access to and use of the Web/Platform by the User is public and free, without requiring subscription or registration for its viewing. However, hiring the services offered through the Web/Platform, will require the registration of the User on the terms described below, upon acceptance of these Terms and Conditions.

In this regard, it is expressly stated that mere access and use of the Web/Platform assigns the condition of User (hereinafter the “User” in singular, and the “Users” in plural) of the Web/Platform and implies full and unreserved acceptance by the User, of the total content of these Terms and Conditions, in the version published on the Web/Platform at the time of such access. Consequently, the User, under his/her responsibility, should carefully read all the general terms and conditions in each of the occasions in which he/she intends to use the Web/Platform and refrain from accessing the Web/Platform if it were not of agreement.

The above conditions will apply regardless of the General Contracting Conditions, which in its case, may result of mandatory compliance.

Access to the Web/Platform is free except for the hiring of the services offered, for which registration is required. In order to effectively access the services offered, the User must proceed to its previous registration, through the registration form available Typerform (http://admin.typeform.com/to/dwk6gt).

By exercising the registration, you are accepting the conditions described herein, as well as authorizing DOCTORS BARCELONA and associated/affiliated companies, to send by e-mail or any other means, advertising, communications and/or any other type of notification DOCTORS BARCELONA sees fit.

As a User of the Web/Platform you must at all times make proper use of it and the services it includes or facilitates, following the directions and instructions in it, and always respecting the law/current legislation and property rights of DOCTORS BARCELONA at all times. Throughout the use of the Web/Platform, Users’ consent may be requested for the acceptance of conditions and/or additional or specific terms applicable to certain proceedings or sections. It is the obligation of the Users to carefully read the said conditions and/or terms and only proceed to their acceptance (by clicking with the mouse in the acceptance section that will appear next to the possible conditions and/or terms), after having fully understood them and as a sign of the willingness to accept them.

It is prohibited that any User or third party performs any action (including the introduction or spread of computer viruses) that involves data access to the Web/Platform or servers of DOCTORS BARCELONA and/or cause damage or alterations to the contents of the Web/Platform and intervene or cause alterations in the email, reserving DOCTORS BARCELONA the right to deny access to Web/Platform to any User or third party who violates this prohibition, and to take measures in accordance with law are relevant. It is also prohibited to prevent the normal use or enjoyment of the Web/Platform to other Users.

It is forbidden for any User or third party to perform any action (including the introduction or dissemination/spread of computer viruses) that involves access to data from the Web/Platform or the servers of DOCTORS BARCELONA and/or that causes damage or alterations to the contents of the Web/ Platform, as well as intervene or cause alterations in the email, holding DOCTORS BARCELONA the right to exclude access to the Web/Platform to any User or third party that infringes said forbiddance, and to take the appropriate measures according to the law. Likewise, it is forbidden to prevent the normal use or enjoyment of the Web/Platform to other Users.

The Web/Platform is not intended for distribution to, or use by, any person in any country or jurisdiction where such distribution or use is contrary to local laws or regulations. People visiting the Web/Platform are responsible for ascertaining the terms of the laws and local regulations that affect them, as well as for complying with said laws and regulations.

DOCTORS BARCELONA reserves all rights in relation to the administration and management of the Web/Platform and tools and applications that comprise it, including in an exemplary and non-exhaustive way, the right to temporarily interrupt its service to perform activities of maintenance or updates, as deemed appropriate, as well as the right to deny or withdraw access to the portal and/or the services offered without prior notice, on its own or at the request from a third party, to those Users who fail to comply with these Terms and Conditions.

DOCTORS BARCELONA will pursue the breach of these Terms and Conditions, as well as any improper use of its website, exercising all civil and criminal actions entitled to by law.

5.2 Coming of Age

By accessing and using the Web/Platform, the User declares to be of legal age, in accordance with its own law, and guarantees to have sufficient legal capacity to be bound by these Terms and Conditions, as well as to use, and, when appropriate, to hire through the web, in accordance with the specific terms and conditions that may apply.

5.3 Modification and Update of the Web/Platform and the Terms and Conditions

DOCTORS BARCELONA may modify the present Terms and Conditions at any time by email, or through the internal messages section of the Web/Platform, or by posting the modified terms on the Web/Platform. All modified terms will automatically take effect 30 days after being published.

However, notwithstanding the provisions of the previous section, BARCELONA DOCTORS reserves the right to modify and update the information contained in the Web/Platform, as well as in these Terms and Conditions or in the particular terms and conditions, at any time without prior notice, being the User’s responsibility to review them at the time of each access and/or use, since the use of the services will imply the acceptance of the general and specific Terms and Conditions in the version that is in effect at the time of the use or hiring.

The desire of DOCTORS BARCELONA is to provide a functioning Web/Platform with the highest availability and quality. However, maintaining and updating the tools and content of the Web/Platform require the same interventions that can cause temporary suspension of their availability. The policy of DOCTORS BARCELONA is to schedule such maintenance and upgrades at times of reduced traffic to minimize effects for Users, subject to the discretion of DOCTORS BARCELONA to carry them out at any time. However, DOCTORS BARCELONA reserves the right to temporarily suspend, without prior notice to Users, access to the Web/Platform to carry out maintenance, repair, update or improvement of services, information and content, as well as to modify or update the information, contents and access conditions thereof.

6. USER RIGHTS AND OBLIGATIONS

6.1 User rights

The User may access free of charge and without prior authorization the content and services available on the site as such, subject to the particular technical conditions or the need for prior registration regarding specific services and contents intended for clients of DOCTORS BARCELONA, as determined in these Terms and Conditions or the particular terms and conditions of such services.

6.2 User obligations

6.2.1 Accuracy of information

The User declares and undertakes that all information provided by him during the course of using the Web/Platform is certain, true, complete, accurate and that he/she is authorized to disclose it.

6.2.2 Compliance with the law

The User agrees to use the Web/Platform in accordance with current legislation, with the provisions of the Terms and Conditions and the specific terms and conditions, when applicable, as well as with morality, good faith and public order.

The User agrees to refrain from using the Web/Platform for illegal purposes, contrary to the provisions of the Terms and Conditions and the specific terms and conditions that may apply, or in a manner that is harmful to the rights and interests of DOCTORS BARCELONA or third parties.

DOCTORS BARCELONA reserves the right to suspend, terminate, deny or withdraw access and/or use of the Web/Platform, at any time and without prior notice, to any User who fails to comply with these Terms and Conditions and/or any specific terms and conditions, when applicable.

6.2.3 User Responsibility

Users must use the Web/Platform and its contents under his/her sole and exclusive responsibility.

The User will be liable for the damages of any nature that DOCTORS BARCELONA may suffer as a result, directly or indirectly, for the User’s breach of the Terms and Conditions and/or any specific terms and conditions, when applicable.

7. GUARANTEES OF USE OF THE WEB/PLATFORM

DOCTORS BARCELONA does not guarantee the availability and continuity of the Web/Platform and of the products, services or contents offered therein, nor that the existing content on its Web/Platform does not contain errors or is up to date, being exonerated of all liability for damages of any kind that may arise from such circumstances. DOCTORS BARCELONA will carry out, provided that there are no circumstances that make it impossible or difficult to execute, and as soon it hears or has new of errors, disconnections or lack of updating contents, all efforts aimed at correcting the errors, restore access and update the referred contents.

Likewise, DOCTORS BARCELONA does not guarantee the technical reliability of its Web/Platform, nor access to the different pages, nor the reliability of the content provided by third parties through the Web/Platform, being exonerated, to the extent permitted by law, all liability for damages of any kind that may arise from the lack of certainty, truthfulness, availability, continuity, legality, updating and nature of such contents.

DOCTORS BARCELONA declares and guarantees that its Web/Platform has the necessary technology to date, for the access and/or use thereof. Nevertheless, DOCTORS BARCELONA does not guarantee the possible existence of viruses and other harmful technological elements introduced by third parties that may cause alterations in the User’s computer systems.

8. PERSONAL DATA AND COOKIES

On the one hand, the personal data entered by the User shall enjoy the rights and guarantees established in the Privacy Policy and, on the other hand, regarding the storage of cookies the provisions of our Cookies Policy shall apply.

9. INTELLECTUAL PROPERTY RIGHTS

DOCTORS BARCELONA is the owner or licensee of the intellectual property rights that fall upon the source code, content and design Web/Platform.

All contents of the Web/Platform (including, without limitation, databases, trademarks, logos, trade names, images, drawings, graphics, text files, audio, video and software) are owned by DOCTORS BARCELONA, or DOCTORS BARCELONA has been duly authorized for use, and are protected by national or international intellectual property regulations. The compilation (meaning the collection, arrangement and assembly) of all content on the Web/Platform is the exclusive property of DOCTORS BARCELONA, and is protected by national and international industrial and intellectual property regulations.

Likewise, the User who is willing to share any type of content through the Web/Platform, grants DOCTORS BARCELONA a non-exclusive, free and worldwide license, limited to the reproduction and public communication of such licensed content through the provision of the services of the Web/Platform.

The use of this Web/Platform does not grant Users any right of exploitation of any kind, nor its ownership over the contents thereof, nor its intellectual property. The rights of use of the Users or third parties shall be limited to those expressly recognized in these Terms and Conditions, or recognized dynamically during the use of the Web/Platform by the User.

The transformation, reproduction, exploitation, distribution, public communication and/or transfer/assignment, whether for consideration or free of charge, of any of the contents of the Web/Platform is strictly forbidden.

Unless expressly stated otherwise in these Terms and Conditions, the copying or reproduction of all or part of the contents on the Web/Platform, either in the originally published language or in its translation into another language, is forbidden, as well as derivative works and any public disclosure, except with the prior written consent of DOCTORS BARCELONA. Under no circumstances, shall the public disclosure of the contents of the Web/Platform by DOCTORS BARCELONA be deemed as a waiver or transfer/assignment of rights.

DOCTORS BARCELONA expressly reserves the right to exercise as many actions to protect its legitimate intellectual property rights towards the Users and other third parties.

The use of third party intellectual property in the contents of the Web/Platform should not be understood as that third party granting its endorsement, support or is somehow associated with DOCTORS BARCELONA.

DOCTORS BARCELONA is a trademark owned by MEDVISIT, S.L.U. It is strictly forbidden, except with the prior written consent of DOCTORS BARCELONA, any other use of the content of the Web/Platform, as well as its own design, configuration and display, including but not limited to, reproduction, transformation, distribution, commercialization, transmission, subsequent publication, exhibition or total or partial representation thereof, whether commercial or merely informative purposes.

10. CONTENT OF OTHER WEBSITES

The Web/Platform may provide Users with links to other websites operated by third parties through technical devices such as, among others, hypertext links, banners, buttons, directories and any other search tool that allows the User access different websites than the Web/Platform or third-party websites (hereinafter “Links”). The use of Links does not imply a connection with DOCTORS BARCELONA, unless expressly stated otherwise, nor implies acceptance, endorsement nor recommendation by DOCTORS BARCELONA of the content or services offered by them, nor any guarantee the User. Therefore, the User must assess under his/her own responsibility the navigation to other websites through such links, being DOCTORS BARCELONA exonerated from any liability regarding the information, data, files, products, services and any kind of existing material in the pages accessed through the Links.

Likewise, all those links between any website and the Web/Platform do not imply, by their mere existence, any legal relationship between the Web/Platform and the website that incorporates said Links, nor the knowledge and acceptance of DOCTORS BARCELONA of their existence and content.

11. CONFIDENCIALITY

Any information to which Users may eventually have access to, which has indications of confidentiality and which is not of a public nature or becomes public domain without breach of an obligation of confidentiality against DOCTORS BARCELONA, will be considered confidential, may constitute a trade secret of DOCTORS BARCELONA and/or companies with which it has agreements, and may not be disclosed or communicated publicly without the prior written consent of DOCTORS BARCELONA.

12. DISCLAIMERS

To the extent permitted by law, DOCTORS BARCELONA disclaims all liability, without limitation, but not limited to:

  1. Of any errors, deletion, delay or failure that may occur in the transmission and operation of the Web/Platform, as well as in providing services or products contracted by the Web/Platform that originate from force majeure or fortuitous and any other causes beyond the good faith of DOCTORS BARCELONA (Whether internet problems, bugs, telephone failures, hackers, etc.), or had been caused by bad faith of the User.
  2. Inadequate use that Users may make of the Web/Platform or the linked websites, and result in an infringement of intellectual property rights, or other civil or criminal offenses.
  3. Third-party claims arising from misuse by the User of the services or products of DOCTORS BARCELONA or in connection with these.
  4. Acts or omissions of third parties, regardless of whether they could maintain any contractual relationship with DOCTORS BARCELONA.
  5. Access and use of the Web/Platform to unsuitable content, as well as sending of data by minors, without the consent of parents or guardians, when the law so requires, it is the responsibility of the parents or guardians to exercise proper control for the children in their care and prevent access to content of unsuitable use.
  6. Errors or omissions or outdated content published on the Web/Platform, even though DOCTORS BARCELONA is committed to regularly check the content of the Web/Platform.
  7. The uncertain, vague, incorrect or incomplete data provided by the User to prevent transmitting the purchased products or services and/or contact the User.

In accordance with the provisions, DOCTORS BARCELONA has no obligation to check and verify the identity of Users or the accuracy, validity, completeness and/or authenticity of the data they provide. DOCTORS BARCELONA excludes any liability for damages of any kind that may result from the illicit use of the Web/Platform by Users or that may result from the lack of veracity, completeness and/or authenticity of the information that Users provide to other Users about themselves and, in particular, about the services offered for hiring through the Web/Platform, as well as damages of any kind that may be due to the impersonation of the personality of a third party by a User in any kind of communication through Web/Platform.

Notwithstanding the foregoing, DOCTORS BARCELONA reserves the right to limit, in whole or in part, access to the Web/Platform to certain Users, and to cancel, suspend, block or remove certain types of content, using the technological instruments fit for the purpose, if it had actual knowledge that the activity or information stored is unlawful or harms property or rights of a third party. In this regard, DOCTORS BARCELONA may establish the necessary filters in order to prevent illicit or harmful content from being poured into the network through the service.

DOCTORS BARCELONA will not respond in case of service interruptions, connection errors, unavailability or deficiencies in the Internet access service or interruptions of the Internet or for any other reason beyond its control.

DOCTORS BARCELONA is not responsible for any security errors that may occur or for any damages caused to User’s computer system (hardware and software), files or documents stored therein, as a result of the presence of virus in the User’s computer system or mobile terminal that is used to connect to services and content of the Web/Platform or malfunction of the browser or the use of non-updated versions.

The responsibility of DOCTORS BARCELONA from the use of the Web/Platform towards Users, registered or not, shall be limited to the amount that these have actually paid in respect of use of the Web/Platform, or if the applicable law does not allow it, all the responsibility that the aforementioned legislation allows will be excluded.

It is possible that the Web/Platform contains hyperlinks or references that link to web pages and/or third party activities. DOCTORS BARCELONA is not responsible for the content, materials, services or any other element of third parties or the right or continued operation of the hyperlink.

In order to provide better service to the User, DOCTORS BARCELONA is committed to making the best efforts to solve the problems and incidents that may arise in the operation of the Web/Platform.

13. CANCELLATION OF SERVICES AND REIMBURSEMENT

The User may cancel a Service during the first 15 minutes after the booking, with reimbursement of 60% of the total amount of the Service. After the first 15 minutes following the booking or displacement of the doctor, reimbursement shall be 40% of the total amount of the Service.

In case of improper or fraudulent use by the User of the Services of the Web/Platform, that is, Users who misuse or seek to obtain medical prescriptions without any medical need, reimbursement shall be 0 -20%, based on the circumstances of each case (https://www.doctorsbarcelona.com/faq/).

In no event will DOCTORS BARCELONA be liable for the fraudulent use of the Services by any User of the Web/Platform.

All the questions regarding our services should be done by email to help@medvisit.io, as well as any communication or contact with the doctor, if necessary.

14. DISPUTE RESOLUTION

The User exempts DOCTORS BARCELONA, as well as the managers, agents, subsidiaries, associates and employees of DOCTORS BARCELONA against any claims, demands and damages of any kind that may arise as a result of a dispute between the User and the doctor, regarding the performance or quality of the provision of the hired services.

In the event that a dispute arises between Users of the Web/Platform, DOCTORS BARCELONA requests that their Customer Service channel be used previously by sending an email to the e-mail address: help@medvisit.io, explaining the reasons for the dispute and providing all documentation that may be of interest. DOCTORS BARCELONA will analyse the reasons and arguments provided by both parties, and will use its best efforts to provide a solution for all parties and in the shortest time possible.

15. NULL AND VOID

If any provision of these Terms and Conditions be declared fully or partially invalid or unenforceable, such invalidity or unenforceability will affect only that provision or part thereof that is invalid or ineffective subsisting on everything else, the rest of Terms and Conditions, and having such provision or the part of it that is affected by not being implemented, except that, as it is essential to these Terms and Conditions, it should affect them in an integral manner.

Also, if the whole or any part of these Terms and Conditions is invalid, unenforceable or illegal in a jurisdiction, the clause in question or, if allowed, the relevant part of this clause shall be void in respect of that jurisdiction. The rest of the Terms and Conditions will remain in effect and the validity or enforceability of such provision in any other jurisdiction will not be affected. This provision shall not be effective if the divisibility affects the basic nature of the Terms and Conditions, or if it is contrary to the general principles of law.

16. APPLICABLE LAW AND competent JURISDICTION

These Terms and Conditions, as well as any specific terms and conditions, and all those relationships that may arise from the access and use of services and products of the Web/Platform between the User and DOCTORS BARCELONA shall be construed and governed in accordance with Spanish law.

Any dispute arising in connection with this Web/Platform shall be settled in accordance with Spanish law, and submitted to the competent Courts and Tribunals.

For those cases in which the rules allow the parties to submit to a particular jurisdiction, both parties expressly waiving any other jurisdiction that may apply, submit to the exclusive jurisdiction of the Courts of the city of Barcelona (Spain).

17. MODIFICATIONS

These Terms and Conditions may be modified at any time, and you agree to continue to be governed by them, once the changes are included. For a period of fifteen (15) days you may communicate your non-acceptance expressly, by writing to the address listed in paragraph 2 of these Terms and Conditions, in which case you will be unsubscribed within seven (7) days following notification. Any changes will be notified by posting the revised Terms and Conditions on this website. We will not notify you of those changes separately, so we recommend that you periodically check this document.

18. NOTIFICATIONS

Any notification that DOCTORS BARCELONA wishes to make to its Users will generally be carried out by email and/or notification through the Web/Platform, sent to the email address provided in the registration process, or any other that you update after the registration through the corresponding section of the Web/Platform. It is the responsibility of the User to ensure that he communicates any change in his email address. It will be considered that any notification that we send to your email address will have reached its destination at the time of sending.

19. TERMINATION

DOCTORS BARCELONA is entitled to terminate your use of this Web/Platform if concluding, in its sole discretion that you have breached the Terms and Conditions.