Availability of the terms and conditions of use
These TERMS AND CONDITIONS are permanently displayed on the WEBSITE, where the USER may consult, save and/or print them at any time.
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 any 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 to, 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 site after any change has been published shall be deemed acceptance of that change, and it is the USER’s responsibility to read the terms and conditions in force.
The website
bluMEDICA reserves the right to terminate, change, suspend or discontinue any aspect of the WEBSITE at any time.
In addition, it may restrict, suspend, cancel or terminate the USER’s access to the WEBSITE and/or take whatever legal action it deems appropriate in the following cases:
a) When the USER provides incorrect data in order to register on or access the PLATFORM.
b) When the USER fails to comply with these Terms and Conditions, the Privacy Notices or the applicable law.
c) When the USER fails to comply with any applicable regulations regarding access to and/or use of the WEBSITE.
d) When THE USER makes a use of the WEBSITE’s content other than the authorised use.
e) When so ordered by a competent authority.
The service
The services provided by bluMEDICA consist solely of providing a technology platform for the online management of in-person and remote appointments, through which the USER of the WEBSITE can contact doctors and healthcare specialists, reducing unnecessary travel and costs.
The WEBSITE makes available to THE USER a directory of doctors and healthcare professionals, from which the USER may choose, according to their needs, the doctor or healthcare professional with whom to request an online consultation, an in-person consultation, a video consultation or a second opinion.
In order to build the WEBSITE’s directory of doctors, bluMEDICA requests from each interested doctor or healthcare professional their personal information and academic and professional data, in order to verify their identity and that they hold the degrees and certificates that accredit their competence to practise their activity. By accepting these TERMS AND CONDITIONS, the USER releases BLUMEDICA from all liability, whether civil, criminal or of any other kind, associated with the accuracy of the information provided by the doctors or healthcare professionals listed in the WEBSITE’s directory.
The doctor or healthcare professional selected by the USER from the directory on the WEBSITE may request from the USER any medical information, including tests, treatments, conditions, etc., required to provide the consultation service in the modality requested by the USER. The use of such information is the responsibility of the selected doctor or healthcare professional, who must also respect the terms of bluMEDICA’s privacy notice, available for reading on the WEBSITE. THEREFORE, BY REQUESTING SERVICES ON THE WEBSITE, THE USER RELEASES BLUMEDICA FROM ANY LIABILITY ARISING FROM THE USE OR PROCESSING OF THE USER’S PERSONAL INFORMATION BY THE SELECTED DOCTOR OR HEALTHCARE SPECIALIST.
Medical prescriptions may be printed through the bluMEDICA platform, with the system limited to a single print per prescription. The issuance of such prescriptions, as well as their content, is the responsibility of the doctor or healthcare professional selected by the USER; BLUMEDICA therefore disclaims any liability in this regard, since BLUMEDICA’s service consists solely of providing the platform through which THE USER and the doctor or specialist chosen by the USER can get in contact.
Limits of the services
bluMEDICA DOES NOT PROVIDE ANY KIND OF MEDICAL SERVICE, whether consultations, medical or psychological diagnoses, treatments, prescriptions, etc., and disclaims any liability that may arise in this regard. It is the USER’s responsibility to rely on the information provided to them through the WEBSITE by the doctor or healthcare professional they have chosen.
The inclusion of doctors and healthcare professionals in the WEBSITE’s directory does not imply any recommendation or endorsement of them by bluMEDICA. Accordingly, any opinion, treatment, product, procedure, diagnosis or prescription given to the USER by doctors and healthcare professionals, through the WEBSITE OR OUTSIDE IT, is independent and does not reflect the opinions of BLUMEDICA. It is the USER’s decision and responsibility whether or not to follow them, and the USER hereby releases BLUMEDICA from any liability in this regard, since BLUMEDICA is not in a position to assess or vouch for the quality or validity of any kind of medical or psychological advice.
THE USER is responsible for the purchase and intake of any medicines prescribed by the doctor or healthcare specialist they have selected, as well as for any transaction or agreement entered into with that specialist.
THEREFORE, BY ACCEPTING THESE TERMS AND CONDITIONS, THE USER ACKNOWLEDGES THAT BLUMEDICA DOES NOT PROVIDE MEDICAL SERVICES OF ANY KIND AND THAT SUCH MEDICAL SERVICES ARE PROVIDED BY INDEPENDENT PRIVATE THIRD-PARTY PROVIDERS WHO ARE NOT EMPLOYED BY BLUMEDICA, BLUMEDICA BEING SOLELY A CONTACT PLATFORM BETWEEN THE USER AND THE HEALTHCARE PROFESSIONAL. THE USER THEREFORE EXPRESSLY RELEASES BLUMEDICA FROM ALL LIABILITY ASSOCIATED WITH THE ADVICE, RECOMMENDATIONS OR OTHER INFORMATION PROVIDED TO THE USER BY DOCTORS OR HEALTHCARE PROFESSIONALS, THROUGH THE WEBSITE OR BY ANY OTHER MEANS.
Users’ personal data
The USER of the WEBSITE undertakes to provide true, accurate and up-to-date information regarding their personal data, sensitive data and, in general, all data they provide through the site, so that appropriate services can be offered to them.
The USER releases bluMEDICA from any liability that may arise from erroneous or false data.
bluMEDICA’s use and collection of information is intended to connect doctors and healthcare specialists with THE USER, as well as for the other purposes set out in the WEBSITE’s PRIVACY NOTICE, which is incorporated into the WEBSITE so that THE USER may consult, save or print it at any time.
THE USER may, at any time, exercise the rights of access, objection, rectification and cancellation recognised under current regulations through www.blumedica.mx, in accordance with the PRIVACY NOTICE published on that site.
Price and payment method
The cost of the consultation (whether in person or online) is set individually by each of the doctors and healthcare professionals listed in the WEBSITE’s directory and shall be paid in the manner determined by that doctor or specialist (credit card, debit card or cash).
For online consultations, a means of payment (credit or debit card) will be required to book the appointment (which may be cancelled at any time); no charge is made until the consultation has ended and the doctor or healthcare professional selected by the USER has issued the report.
bluMEDICA’s provider for the online payment service is OPENPAY, which offers the technological tools needed to protect your personal information and which will process your information in accordance with its own privacy notice, available on the website www.openpay.mx, and with BLUMEDICA’s privacy notice, which is included on the WEBSITE for the USER’s reference.
Invoices for payments made by the USER must be requested directly from the doctor or healthcare specialist who provided the medical service. bluMEDICA DOES NOT ISSUE INVOICES TO USERS OF THE MEDICAL SERVICES OFFERED ON THE WEBSITE.
Cancellation of the service
With regard to appointments managed on the WEBSITE, THE USER may cancel the appointment at any time, free of charge, since payment is taken after the appointment has taken place and the selected doctor or healthcare specialist has issued the corresponding report.
The procedure for cancelling appointments or services booked directly with the doctor or healthcare professional outside the WEBSITE and, where applicable, its cost shall be determined by the doctor or specialist concerned, and it is the USER’s responsibility to check those terms and costs directly with them.
Limitation of liability
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 a failure in internet connectivity, a technical failure in its components or any other reason beyond our control.
Under no circumstances shall bluMEDICA be responsible for monitoring or reporting any action relating to the presence or absence of errors, viruses, worms, contaminating material or information or any other harmful computer element. BLUMEDICA is therefore released from any attribution of 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.
bluMEDICA shall in no case and under no circumstances be liable for damages of any kind that THE USER may suffer as a result of failures in telecommunications, networks 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 features and information published on our site may occasionally be outdated or contain spelling and/or typographical errors. Such updates will be ongoing and are intended to provide the best service to all our customers.
bluMEDICA has full authority to review and investigate illegal and unauthorised use of the WEBSITE in accordance with these Terms and Conditions and the provisions of applicable law.
bluMEDICA reserves the right to deny THE USER access to the WEBSITE, without prejudice to any other action it may take in defence of its interests, when there are indications that:
a) THE USER engages in defamatory or infringing conduct, or conduct that poses a risk to the information contained on the WEBSITE.
b) THE USER violates applicable national and international laws relating to the use of information, copyright and intellectual property in respect of the content available on this WEBSITE.
bluMEDICA has the authority to investigate the type of illegal or unauthorised use of the WEBSITE in accordance with these Terms and Conditions. Accordingly, 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 indemnify it, and shall pay for the damages caused.
Intellectual property
bluMEDICA’s trademarks and logos, as well as the website’s content, domain name, systems used, databases and, in general, the copyright in the content, information, photographs, images, applications, software and, in its entirety, all content published on this WEBSITE are duly registered and protected by their respective owners in accordance with applicable law. For these reasons, THE USER may not use them for any purpose other than that set out in these Terms and Conditions.
It is strictly prohibited to delete, suppress, 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 of bluMEDICA, its trademarks or its suppliers, or any material used on or existing on the WEBSITE.
Images, illustrations and fragments thereof, as well as any other material protected by copyright, may be used 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 holder 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.
No employment relationship
The USER acknowledges that the professionals listed in the WEBSITE’s directory are not employees of bluMEDICA, nor do they have any kind of contractual relationship with bluMEDICA as service providers, nor any partnership, association or similar legal arrangement; accordingly, bluMEDICA has no obligation of any kind towards such doctors or healthcare specialists, whether employment-related, tax-related, civil or of any other nature.
BLUMEDICA IS RELEASED FROM ANY LIABILITY ARISING FROM THE PERFORMANCE OF THE ACTIVITY, PROFESSION OR SPECIALTY OF EACH DOCTOR AND HEALTHCARE PROFESSIONAL LISTED IN THE WEBSITE’S DIRECTORY.
No assignment
The USER may not assign their rights of access to and use of the WEBSITE; otherwise, bluMEDICA may restrict access and take whatever legal action it deems appropriate.
Contact details
For any request for clarification, complaint or information, bluMEDICA makes available to THE USER the email address [email protected] and the telephone number (55) 5920 9768.
Jurisdiction and venue
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.