Legal information

Terms and conditions for patients

1.

Introduction

This agreement has been written in Spanish (Spain). In the event of any discrepancy between the original and a translated version, the Spanish original is the binding document.

Statement of Rights and Responsibilities

This Statement of Rights and Responsibilities governs the relationship between opensalud, openpsicólogos, second oncology opinion and opensalud 360 (hereinafter referred to collectively as opensalud), their users, and the doctors, psychologists and other professionals who use the website. Individuals who access and use opensalud and openpsicólogos are expressly accepting our terms of service without reservation; should any reservation or waiver of these terms occur, the user will be understood to reject being part of it and their account will be cancelled once such a statement is expressed.

In order to obtain user status on this website, it is necessary to be a registered user of it, thereby submitting to and expressly accepting everything set out in these Terms of Service.

Using the website, its services in general and other content in particular means that the user undertakes to do so in accordance with the Law, the provisions of these Terms of Service, and any other instructions or rules of use that are established and brought to the user’s attention.

Registration of minors

The platform only allows registration for users of legal age (18 in Spain). However, minors may use it through a user profile created for them by their father, mother or legal guardian. Minors may under no circumstances have individual access credentials to the platform, and access must always be through their father, mother or legal guardian. The user declares at all times, as stated on the registration form, that they are over 18 years of age.

3.

The opensalud service

Opensalud is a platform for the online management of in-person and remote appointments in the field of health with private centres or professionals, as well as, where applicable, carrying out consultations in a virtual environment.

This service provides users with an online platform that allows them to request an in-person appointment or connect virtually with doctors and healthcare professionals. Opensalud does not, under any circumstances, provide medical or psychological diagnosis, treatment or prescription of any kind. Any reliance on information provided through the platform or by any professional using opensalud is at your own risk.

Users of the opensalud platform have access to a service level agreement (SLA), which can be consulted on the website at the following address.

Every user has the right to formally submit a complaint or claim through the following mailbox: [email protected]. These complaints or claims are handled by the internal managers of the incidents and operations departments, and OH management. Complaints or claims received at this mailbox will be handled within a maximum period of one month.

Professional credentials and independence I

Professionals who use or appear on the site or app are not employees, nor do they have any type of contractual relationship with opensalud as service providers, except where applicable in relation to telemedicine services for businesses. Opensalud does not provide opinions, advice or medical care, and disclaims all liability for the opinions, advice and information provided by professionals through the platform. Opensalud does not recommend or endorse any test, doctor, product, procedure, opinion or other information that may be mentioned on opensalud or by a professional.

Opensalud requires each professional to provide opensalud with personal information and professional details to verify their identity and credentials, before opensalud allows the professional to be available on the platform.

Each professional must be registered with the relevant official professional association and hold the legal qualifications required to practise their activity in force. In this regard, the professional expressly authorises opensalud to verify their details, where applicable, with the relevant official association.

Likewise, opensalud may use the external verification services provided for under current regulations, in the event that the professional requires the use of features, such as electronic prescriptions for example, that require additional security elements.

By accepting these terms, you expressly release and discharge opensalud from all liability associated with the accuracy or verification of the information provided by professionals.

The inclusion of professionals on our platform does not imply any recommendation or endorsement of such professionals. Use of the platform by any entity or individual to verify professionals’ credentials is prohibited.

All opinions and statements expressed by professionals on or through our platform, and during any session facilitated through it, are exclusively the individual and independent opinions and statements of the professional, and do not reflect the opinions of opensalud.

Opensalud is not qualified to assess the quality or validity of any type of medical or psychological advice.

Therefore, in any case and regardless of the channel through which the patient accesses the professional’s services, the professional shall hold opensalud harmless and free from any liability or claim from users related to the provision of clinical services, and shall be responsible for any compensation arising therefrom. In the case of clinical care for users from opensalud’s corporate clients, the professional expressly declares that they hold all the legal, tax and administrative authorisations, as well as the corresponding insurance and permits required, where applicable, to practise their activity in the private sector. Opensalud may at any time require documentary proof of compliance with the aforementioned obligations.

By accepting these terms, you expressly release and discharge opensalud from all liability associated with the consultations, advice, recommendations or other information provided by the professional to the patient.

Professional credentials and independence II

Notwithstanding the above, in the case of professionals who provide services directly to opensalud’s corporate clients, before the provision of the service begins, professionals must expressly accept the conditions of service provision for opensalud.

For these professionals, and in addition to the prior checks carried out by opensalud at the time of registration, the professional expressly declares that they hold all the legal, tax and administrative authorisations, as well as the corresponding insurance and permits required, where applicable, to practise their professional activity. Opensalud may require proof of compliance with the aforementioned obligations.

The professional undertakes to provide proper care to all users of the service, as well as to notify opensalud as soon as possible of any incident that prevents them from guaranteeing the proper provision of services (holidays, etc.).

opensalud’s intellectual property

Opensalud, either in its own right or as assignee, is the owner of all intellectual and industrial property rights to the website, as well as its programming structure and the elements contained therein (sound, audio, video, images, software and others, this being for illustrative purposes only), over which it reserves all rights, or where applicable, those of its licensors, and their use by third parties is expressly prohibited, in accordance with current Intellectual Property regulations (Royal Legislative Decree 1/1996, of 12 April), without the formal consent of their owners.

The user must refrain from removing, altering, avoiding or changing any protective device or security system installed on the website.

In this regard, the website reserves the right to pursue both criminal and civil actions available to it to enforce these rights against third parties.

4.

Disclaimer of warranties and liability

The opensalud website is not liable for damages arising from improper use or handling of the website, or from common uses thereof, provided that it has exercised due diligence to prevent them from occurring.

5.

Modifications

Opensalud reserves the right to make any changes it deems appropriate to its website without prior notice, and may modify, remove or introduce content and services provided through it, as well as their layout or organisation on the website.

6.

Your information on opensalud and how it is shared

The data and information of opensalud users is private. Data registered on the website must be authentic, meaning it must be real in order to provide a correct service. In the event that such information is false, opensalud is exempt from any damage or liability that this may generate.

  • Once registered on the website, you become a user; however, this data is only accessible to opensalud, as well as to the professionals and centres with which you book an appointment in any of its formats.
  • Any information you share will be accessible to professionals and, where applicable, the centre to which they belong, in order to guarantee proper care and ensure quality in the provision of services, and will under no circumstances be provided to third parties unrelated to the provision of the service requested by the user. You may revoke this authorisation directly and automatically at any time.
7.

Your image and intellectual property rights on opensalud

By publishing content such as audiovisual images, photographs and texts that are subject to intellectual property rights (hereinafter, “Intellectual-Property Content”), you grant opensalud the ability to use such content under a non-exclusive, transferable and non-sublicensable licence, free of charge and without any obligation to offer the author any remuneration for its use, and of international scope (hereinafter, “Intellectual Property Licence”). In other words, you authorise the platform to make use of it, but under no circumstances to carry out direct commercial activity through the sale or transfer of such content to third parties for its own operation.

8.

Use of content

The website provides various information and links that may be of interest to the user, who undertakes to make appropriate use of the content and services offered and, by way of example but not limitation, not to use them for the following activities:

  • Engaging in unlawful, illegal activities or activities contrary to good faith and public order through them.
  • Causing any type of damage to the website’s own systems, those of its providers or third parties; introducing or disseminating computer viruses, trojans or any other systems liable or able to cause such damage.
  • Carrying out any type of activity that may be contrary to the right to honour of any of opensalud’s users or administrators.
  • Carrying out actions aimed at falsifying data relating to purchases made.
9.

Security on opensalud

Our team works every day to ensure that opensalud is a secure platform, respecting the data protection of registered users. However, like any other web platform, data protection cannot be guaranteed absolutely and under all circumstances. Nevertheless, in order to comply with such protection as securely as possible, registered users understand that the following is expressly prohibited:

  • The transmission and distribution of any type of unauthorised commercial communication (such as “spam” or “junk mail”) using any communication tool that opensalud offers to registered users.
  • Accessing opensalud other than through an official browser or mobile app, or any tool that we may officially add in the future and notify to users.
  • The use of automated means of access (such as any use of technologies known as bots, robots or spiders) that interact within the opensalud platform and with any registered users.
  • The practice of or participation in any type of illegal marketing operation through opensalud.
  • Uploading viruses, scripts or any type of malicious code against opensalud and each of its registered users.
  • Requesting registration and login information in order to access another individual’s account.
  • Harassment, badgering, intimidation or any other form of nuisance towards any registered users.
  • Posting any content that is offensive, blackmailing or pornographic; that incites violence; or that contains nudity or unjustified graphic violence.
  • Developing or using third-party applications that include content related to alcohol consumption or adult content (including advertisements) without age restrictions appropriate to the given region.
  • Using opensalud for any type of illegal activity, whether against the network itself or against any user, understood as any act that contravenes Spanish regulations, particularly those that infringe users’ rights to privacy and/or honour on this network.
  • Any activity that may disable, overload or prevent the correct functioning of opensalud, such as a denial-of-service attack.
  • Directly or indirectly encouraging violation of this Statement.
10.

Account security and registration

Users are required to provide their real names and real information. They also understand that the following is expressly prohibited:

  • Using opensalud if you are under 18 years of age, except for registration carried out by a legal representative in accordance with these terms.
  • Sharing access information (username and password) so that another person can access your account, or any activity that jeopardises the security of your account or that of others. Specifically, in the case of business services provided under the openhealth brand, the prohibition on sharing your user credentials or allowing any impersonation that would enable a user not authorised by the company to use the services is reiterated.
11.

Price and payment terms

Access to the opensalud website is free of charge. With regard to booking and carrying out appointments, whether or not through the platform, these will be priced and invoiced by the professionals providing their services through the platform, in accordance with prices freely set by the professionals and made known to the user at the time of their request.

With the exception of telemedicine services for businesses, where the business bears the full cost, a payment method must be entered in order to guarantee the provision of teleconsultation services (video consultation, written consultation or second opinion) when booking an appointment, requesting an immediate video consultation, or making a request for a second opinion or written consultation. However, no charge will be made until the teleconsultation has ended. Likewise, the patient or user may cancel their video consultation request free of charge, at any time, with at least 15 minutes’ notice before the scheduled appointment time. In the case of requests for written consultation, chat or second opinion, these may be cancelled up until the moment the professional accepts the request.

Since regulations applicable to e-commerce and payment methods require this to be specified, it is clear that, given the nature of the service, no refund is possible.

If the patient is not satisfied with the service provided, they should contact us using the form found in the footer of the website and selecting the complaint option. Once assessed, a response will be provided within a maximum of 72 (working) hours and, if the complaint is upheld, the cost of the service will be refunded within a maximum of 10 days using the same payment method.

12.

Suspension of service or user account

If any infringement of the points set out in this Statement occurs, opensalud reserves the right to immediately cancel your opensalud account without prior notice.

14.

Definitions

  • opensalud: refers to the service we provide through the website for managing consultations.
  • Platform: refers to the APIs and services that allow others, including app developers and website operators, to retrieve data from opensalud and provide us with data.
  • Information: refers to any data or information about you as a user.
  • Content: refers to anything you post on opensalud that is not included in the definition of “information”.
  • Data: refers to the content and information that a third party may retrieve from opensalud.
  • Post: means to publish on opensalud.
  • Use: means to use, copy, reproduce or publicly display, distribute, modify, translate and create derivative works.
  • Benefits: any prize, discount, promotion or similar offered to website users.