Terms and conditions for professionals

These TERMS AND CONDITIONS are permanently displayed on the WEBSITE, where THE USER may consult, save and/or print them at any time.

By applying to join the Directory of health professionals, and by accessing and using the WEBSITE, THE USER fully and unreservedly accepts these TERMS AND CONDITIONS. If THE USER does not agree with these TERMS AND CONDITIONS, whether with some of their clauses or with all of them, THE USER shall refrain from accessing and using the WEBSITE.

bluMEDICA reserves the right, at its sole discretion, to change, modify, add, remove or update these TERMS AND CONDITIONS, in whole or in part, at any time.

Changes to the TERMS AND CONDITIONS shall take effect as soon as they are published on the WEBSITE; accordingly, accessing and/or using THE PLATFORM after any change has been published shall be deemed acceptance of that change. It is therefore THE USER’s responsibility to read the terms and conditions in force.

bluMEDICA reserves the right to terminate, change, suspend or discontinue any aspect of the WEBSITE or THE PLATFORM at any time.

In addition, it may restrict, suspend, cancel or terminate THE USER’s access to the WEBSITE and/or THE PLATFORM, and/or take whatever legal action it deems appropriate, in the following cases:

1. When THE USER provides incorrect information in order to register or join the Directory of HEALTH PROFESSIONALS on the WEBSITE.
2. When THE USER fails to comply with these Terms and Conditions, the Privacy Notices or the applicable law.
3. When THE USER fails to comply with any applicable regulations regarding access to and/or use of the WEBSITE or THE PLATFORM.
4. When THE USER makes use of the WEBSITE and its content other than as authorised.
5. When so ordered by a competent authority.

The services provided by bluMEDICA consist solely of providing a technology platform for the online management of in-person and remote appointments (online consultation, in-person consultation, video consultation or second opinion), through which THE USER may be contacted via the WEBSITE by those interested in the services offered through it (hereinafter PATIENT).

A directory of HEALTH PROFESSIONALS within Mexican national territory will be made available to PATIENTS on the WEBSITE, in which THE USER’s details will be entered once THE USER has provided bluMEDICA with the documents required to prove their identity and that they are certified or authorised to practise their activity in the field of health.

THE USER undertakes to provide bluMEDICA with truthful and up-to-date information, THE USER assuming all liability arising from any lack of accuracy of such information and the consequences this may have on the provision of their services.

When contacted by a PATIENT through the WEBSITE, THE USER may request from the PATIENT the medical information, including tests, treatments, conditions, etc., required to provide the consultation service in the modality requested by the PATIENT. The use of such information is the responsibility of THE USER, who undertakes, under their sole and strict responsibility, to comply with the data protection laws in force in this country, as well as with bluMEDICA’s privacy notice, available on the WEBSITE www.blumedica.mx in the section Privacy Notice for Patients, which THE USER declares to have read and understood in each and every one of its terms and undertakes to comply with as required by law. THEREFORE, BY USING THE WEBSITE, THE USER RELEASES BLUMEDICA FROM ANY LIABILITY ARISING FROM ANY UNLAWFUL OR IMPROPER USE OR PROCESSING BY THE USER OF THE PERSONAL INFORMATION SENT TO THEM BY THE PATIENT.

Medical prescriptions may be printed through the bluMEDICA platform, the system being limited to a single print per prescription. The issuance of such prescriptions, as well as their content, is the responsibility of THE USER, who must comply with the regulations in force in this country regarding their issuance and the control of medicines; accordingly, BLUMEDICA disclaims any liability in this regard.

bluMEDICA’s service consists of a technology PLATFORM that enables THE USER of the website to connect with PATIENTS, reducing unnecessary travel and costs.

The approval and inclusion of health professionals in the website directory does not imply any recommendation of them by bluMEDICA. Accordingly, any opinion, treatment, diagnosis or prescription given by THE USER to THE PATIENT through THE PLATFORM is personal to THE USER and independent of BLUMEDICA, and is given under THE USER’s sole and strict responsibility; it is the PATIENT’s decision and responsibility whether or not to follow it, and BLUMEDICA is hereby released from any liability in this regard.

THE USER is responsible for prescribing medicines to the PATIENT, as well as for any transaction or agreement entered into with the PATIENT, and THE USER is responsible for any information that the PATIENT provides to them through their personal means of contact; accordingly, bluMEDICA is hereby released from any liability in this regard.

THEREFORE, THE USER ACKNOWLEDGES THAT BLUMEDICA DOES NOT PROVIDE MEDICAL SERVICES OF ANY KIND AND THAT THE USER IS NOT EMPLOYED BY BLUMEDICA IN ANY WAY, BLUMEDICA BEING SOLELY A CONTACT PLATFORM BETWEEN THE USER AND THE PATIENT.

USERS undertake to provide truthful, accurate and up-to-date information about their personal and sensitive data and, in general, all data they provide through THE APPLICATION, so that appropriate services can be offered to PATIENTS.

USERS release bluMEDICA from any liability that may arise from incorrect or false data.

bluMEDICA uses and collects information for the purpose of connecting THE USER with THE PATIENT, as well as for the other purposes set out in the PRIVACY NOTICE on the WEBSITE www.blumedica.mx, in the section Privacy Notice for Health Professionals, which is incorporated therein so that it can be consulted, saved or printed at any time by THE USER, and which THE USER declares to have read and understood in each and every one of its terms.

With regard to their personal data, THE USER may at any time exercise the rights of access, rectification, cancellation and opposition recognised in the regulations in force through www.blumedica.mx, in accordance with the PRIVACY NOTICE published on that website.

With regard to images, audiovisual material, photographs and texts subject to USERS’ intellectual property rights, USERS grant bluMEDICA authorisation for the WEBSITE to use them, but in no case to carry out any direct commercial activity through the sale or assignment of such content to third parties.

THE USER shall determine the cost of the services they will offer through the WEBSITE. Once the consultation has taken place in the modality requested by the PATIENT, THE USER has given a diagnosis and the prescription has been issued, the PATIENT will proceed to pay for the services provided.

Payment for the consultation may be made through the website www.opensalud.mx, via the payment service provider OPENPAY, by online payment with a bank card. Such payment shall be made by THE PATIENT to bluMEDICA; bluMEDICA shall retain 10% (TEN PER CENT) of the amount plus VAT, and the remaining amount shall be transferred by bank transfer to THE USER according to the bank details provided by THE USER.

Payments from bluMEDICA to THE USER shall be made during the first days of the month immediately following the month of the consultation.

bluMEDICA shall provide THE USER with the corresponding tax receipt (CFDI) for the amount retained, according to the billing details provided by THE USER.

Likewise, THE USER shall be responsible for providing the PATIENT with the corresponding proof of payment for the services provided, bluMEDICA being released from any liability in this regard.

THE USER may cancel the appointment given to the PATIENT in the event of a technical difficulty or force majeure, and must in all cases reschedule it; otherwise, bluMEDICA may restrict, suspend, cancel or terminate THE USER’s access to the WEBSITE and/or THE PLATFORM.

THE PATIENT may cancel the appointment free of charge at any time before the consultation has taken place.

By accessing the WEBSITE, THE USER agrees to receive the cookies transmitted through it. “Cookies” are data files that are generated when you connect to a web page or website and are stored on the computer’s hard drive; they may contain information about internet browsing behaviour within the website. The data collected in this way is used to improve the WEBSITE and adapt it to the behaviour of the users who visit it, as well as to process registrations and send information. A Cookie cannot read data or information from the user’s hard drive, nor can it read Cookies created by other sites or pages.

The “Help” section of the toolbar of most browsers tells the User how to prevent the browser from accepting new cookies, how to have the browser notify them when new cookies are received, or how to disable all cookies. However, if you disable cookies, some of the applications on our WEBSITE may also be disabled, and use of the website may be limited.

To the extent permitted by applicable law, bluMEDICA does not guarantee that the WEBSITE and the services it offers will be free from interruptions or errors; it may occasionally be unavailable due to an internet connectivity failure, a technical failure in its components or any other reason beyond our control.

Under no circumstances shall bluMEDICA be responsible for monitoring or reporting on the presence or absence of errors, viruses, worms, contaminating material or information or any other harmful computer element. BLUMEDICA is therefore released from any liability for such causes, as well as from the payment of any compensation of any kind for damages resulting from technical difficulties or failures in systems or on the internet, since it is THE USER’s responsibility to have adequate tools for the detection and removal of harmful software.

Under no circumstances shall bluMEDICA be liable for damages of any kind that THE USER may suffer as a result of telecommunications or network failures or disconnections that limit the use of, interrupt or cancel the service provided on this WEBSITE.

bluMEDICA, its suppliers and collaborators may update the content and information of the WEBSITE at any time; consequently, some functions and information published on our site may at times be out of date or contain spelling and/or typographical errors. Such updates will be ongoing and are intended to provide the best service to all our clients.

bluMEDICA has full powers to review and investigate any illegal and unauthorised use of the WEBSITE in accordance with these Terms and Conditions and the applicable laws.

bluMEDICA reserves the right to deny THE USER access to THE PLATFORM, without prejudice to any other action it may take in defence of its interests, where there are indications that:

1. THE USER engages in conduct that is defamatory, infringing or that poses a risk to the information contained on the WEBSITE.
2. THE USER violates the applicable national and international laws relating to the use of information, copyright and intellectual property of the content available on this WEBSITE.

bluMEDICA has the power to investigate any illegal or unauthorised use of the WEBSITE in accordance with these Terms and Conditions; for this reason, THE USER agrees that, in any case in which liability is directly or indirectly attributed to BLUMEDICA, its subsidiaries, shareholders, board of directors and executives, affiliates, suppliers, advisers or employees, THE USER shall hold BLUMEDICA harmless and pay any damages caused.

The trademarks and logos of bluMEDICA, as well as the content of the website and THE PLATFORM, the domain name, the systems used, databases and, in general, the copyright in the content, information, photographs, images, applications, programs and, in its entirety, the content published on this WEBSITE and THE PLATFORM are duly registered and protected by their respective owners in accordance with the applicable legislation; for these reasons, THE USER may not use them other than as set out in these Terms and Conditions.

It is strictly prohibited to delete, remove, alter, modify, reproduce, download, publish, exploit, distribute or corrupt the use of the content of this WEBSITE, whether for commercial or any other purposes. Failure to comply with the foregoing may give rise to civil, criminal or any other kind of liability.

Accessing or using the WEBSITE in no way grants THE USER any licence or tacit or express authorisation to use the intellectual property rights, trademarks or those of its suppliers, or any material used on or existing on the WEBSITE.

The use of images, illustrations and fragments thereof, as well as any other material protected by copyright, shall be for informational and illustrative purposes only; any other use, such as for profit, reproduction, editing or modification, will be prosecuted by bluMEDICA or by the owner of the intellectual property rights.

bluMEDICA reserves the right to investigate and prosecute any attempted and/or actual infringement of copyright or industrial property relating to the material contained on the WEBSITE and/or any breach of the computer system or network security, which may give rise to civil or criminal liability and which, at BLUMEDICA’s discretion, may be reported to the competent authorities.

USERS acknowledge and accept that the only legal relationships between them and bluMEDICA are those arising from these Terms and Conditions; accordingly, they do not create any partnership, association or similar legal arrangement, each party being responsible for its own employment, tax, civil or any other obligations.

The services offered by USERS are independent and without any subordination to bluMEDICA, and therefore do not imply an employment relationship with bluMEDICA or with any legal representative or partner of BLUMEDICA.

Neither USERS nor PATIENTS may assign their rights to access and use the platform; otherwise, bluMEDICA may restrict access and take whatever legal action it deems appropriate.

For any request for clarification, complaints or information, bluMEDICA makes available to THE USER the email address [email protected] or the telephone number +52 (55) 5920 9768.

For the interpretation and performance of these TERMS AND CONDITIONS, the parties expressly submit to the laws and competent courts of Mexico City, waiving any other jurisdiction that may correspond to them by reason of their present or future domicile.