These Service Conditions regulate Formedika Education S.L.U.’s relationship, as the owner of the platform “Expert Clinical Advice” (the “Platform”), their clients (the “Clients”) and the doctors, dentists and other professionals (the “Experts”), who make use of its website.
The individuals who access and use the Platform expressly and unconditionally accept our Service Conditions. In case there was any disagreement or rejection to them, it will be understood that the Client/Expert rejects to take part in it and its user will be discharged when such declaration was stated.
To obtain the condition of Client/Expert of this website it is mandatory to register as a user before, submitting to it and expressly accepting all the conditions stated in these Service Conditions.
Using the website, their services with a general nature and other contents with a particular nature, implies that the Client/Expert agrees to do so as per what disposed in the Law, stipulated in these Service Conditions and established in other instructions or regulations established and that were acknowledged to the Client/Expert.
1. Corporate legal information
- Business name: Formedika Education S.L.U. (FORMEDIKA)
- VAT number: B75233973
- Address: Paseo Urumea, 3 – bajo. 20014 Donostia-San Sebastián. Guipúzcoa. SPAIN.
- Telephone: +34 943 468 441
- Fax: +34 943 460947
- Email address: firstname.lastname@example.org
- Registration data: Registered in the Mercantile Register of Guipuzcoa, Volume 2931, Folio 136, Page SS-42324.
2. Expert Clinical Advice service
Expert Clinical Advice is a platform for the online management of enquiries between professionals within the healthcare area.
This service provides the Clients with an online platform which allows them to request an enquiry or online advice to Experts. In no case Expert Clinical Advice provides a medical diagnosis, treatment or prescription of any type. If you rely on any information provided through the platform or by any Expert who uses Expert Clinical Advice it will be under your sole responsibility, maintaining Expert Clinical Advice, Formedika and the hired Experts unscathed in all cases.
2.1. Experts’ credentials and independence
The Experts who use or appear in the Platform are not employees nor they have any working relationship with Expert Clinical Advice or Formedika.
Expert Clinical Advice does not provide opinions, pieces of advice or medical attention, and it is exempt from all responsibility for the opinions, pieces of advice and information provided by the Experts through the Platform. Formedika, as owner of the Platform, does not recommend nor approves any test, doctor, product, procedure, opinion or any other information which could be mentioned in Expert Clinical Advice or by an Expert.
The Platform requires that each Client/Expert provides personal and working information to certify their identity and credentials before Expert Clinical Advice allows the Client/Expert to be available in the Platform. Each Client/Expert must be registered in the corresponding professional association and they must have the legal entitlement in place in order to carry out their activity.
When accepting these Service Conditions, the Client expressly releases and discharges Expert Clinical Advice and Formedika, as owner of the Platform, from all responsibility associated to the truthfulness or the information verification provided by the Experts. The inclusion of Experts in the Platform does not imply any recommendation or approval of such Experts.
It is forbidden to use the Platform by any party or individual to verify the credentials of the Experts.
All the opinions and statements expressed by the Experts in or through the Platform are exclusively the opinions and the statements of the Expert, individuals and independents, and do not reflect Formedika’s or Expert Clinical Advice’s opinions, who are not qualified to assess the quality or validity of any type of medical advice.
The contents are pieces of advice or recommendations that are based on the truthfulness and accuracy of the information provided by the Client; they do not have a prescriptive nature, even though they are signed and explained by an Expert. Formedika does not accept any responsibility for the use that the Clients make of the contents in the Platform.
When accepting these Service Conditions, the Client expressly releases and discharges Formedika and the Experts from any responsibility associated to the advice, recommendation or other information provided by the Experts.
2.2. Formedika’s Intellectual Property
Formedika by itself or as assignee bears all the Intellectual Property rights of the website, as well as of the structure to program it and of the elements contained in such (sound, audio, video, images, software and any other, as an example) and of which it reserves all the rights or, in case of their licensees, remaining expressly prohibited to use by third parties, as per the current Intellectual Property regulation (Royal Decree 1/1996, of 12th April) without a formal consent from the owners.
The Client/Expert must refrain from deleting, modifying, avoiding or changing any protection appliance or security system which was installed in the website.
In this sense, the website reserves the right to proceed with criminal and civil actions that protected it against third parties.
3. Responsibility and guarantee exclusion
The Platform is not responsible for the damage caused by the website usage when it is used or managed improperly, as well as the common usage when there is no due diligence for them not to happen.
Formedika reserves the right to make the changes that considers necessary in the Platform without prior notice, modifying, deleting or introducing both contents and services provided, as well as the layout or website organization.
5. Information provided by the Clients
The data and information provided by the Clients of Expert Clinical Advice are private. The data registered in the website must be real in order to be able to provide a proper service. The Client must be entitled or count with the express consent of the owner of the data, information and images provided. In case such information was false or if the Client did not have the right to share it, Formedika exonerates from any damage or responsibility generated by it.
Once registered in the website the user becomes a Client; nevertheless, such data is only accessible for Formedika, as well as for the Experts to which he requests the enquiry in any sort.
The information shared by the Clients will be accessible by the Experts, in order to guarantee a correct attention and safeguard the quality of the service provided; and it must be facilitated through the appropriate channels in the Platform. Likewise, in any case such information will be provided to third parties external to the service requested by the Client. At any time the Client could revoke this authorization directly.
6. Content use
In the website different pieces of information and links are provided, which could be of interest to the Client/Expert. The Client/Expert agrees to make an adequate use of the contents and services offered, and with expository nature but not limited to, he agrees not to use them for the following activities:
- To incur in illicit, illegal or against the good will and public order activities.
- To cause any kind of damage to the website system, their suppliers or third parties; to introduce or to spread in the net computer viruses, Trojans or any other systems which are liable or capable to generate such damage.
- To carry out any activity against the right of honour of any of the users or administrators of the Platform.
7. Security in Expert Clinical Advice
From Formedika we work for the Platform to be a secure platform, respecting the data protection of Clients/Experts. However, as in any other web platform, the data protection cannot be guaranteed in an absolute manner and under any circumstance. Nevertheless, in order to fulfil with such protection with the highest possible security measures, the Clients/Experts understand that it is expressly forbidden:
- The transmission and spread of any kind of non-authorised commercial communication (such as “spam”) using any communication tool offered to Clients in Expert Clinical Advice.
- To access Expert Clinical Advice through another means which are not through the browser or official mobile application, except any tool was officially added in the future and it was notified to the Clients/Experts.
- The use of automatic means of access (such as any use of technologies known as bots, robots, spiders) which interact within the Platform and with any of the Clients/Experts.
- The practice and participation in any kind of illegal marketing operation through the Platform.
- To upload virus, scripts or any kind of malicious code against Expert Clinical Advice and its Clients/Experts.
- The registration and user login request to access the account of another Client/Expert.
- The harassment, burden, intimidation or any kind of inconvenience to any of the Clients/Experts.
- To publish any offensive, blackmailing or pornographic content; or that it enhances violence; or that it contains nudity or graphic unjustified violence.
- The development or use of the application of third parties which include contents related to alcohol consumption or of adult nature (including advertising) without appropriate age restrictions to the corresponding region.
- To use Expert Clinical Advice for any kind of illegal activity, both against the website or against any Client/Expert; understanding as such any action which infringes the Spanish regulation, especially the one that violate the privacy rights and/or honour of the Clients/Experts of the Platform.
- Any activity which could disable, overcharge or impede the correct operation of Expert Clinical Advice, such as a service refusal attack.
- To promote directly or indirectly the violation of these Service Conditions.
8. Account security and registration
The Clients/Experts are requested to facilitate their real names and real information. Furthermore, they understand that it is expressly forbidden to share the access information (username and password) in order for another person to access their account or any activity that endanger the security of their account and the others. Specially, in case of the services to companies provided by the brand Formedika, the prohibition to hand over the user credentials or to allow any identity theft which would permit a non-authorised user to access the Platform and make use of the services reiterates.
9. Contract, price and payment conditions procedures
The access to Expert Clinical Advice is free. As for the enquiries and the process of sending them through the Platform, they will be invoiced by Formedika and priced by the Experts who offer their services in the Platform just as the prices freely established by them and known by the Client at the moment of the request.
The Client who wishes to hire the service of an Expert available in the Platform will need to do it taking into account the following:
- The Client will make his enquiry through the written means set up in the Platform, facilitating and enclosing all the necessary information in order for the Expert to assess each request or the situation stated.
- Once the enquiry is received, the Expert will have a maximum period of two (2) natural days to request more information, accept or reject the enquiry of the Client.
- If the Expert requests more information, the Client will have five (5) natural days to send it back. If this period was not fulfilled, the enquiry will be closed.
- Once the additional information for the enquiry is received, the Expert must, in a new maximum period of two (2) natural days, accept, reject or request more information to the Client.
- Once the enquiry is accepted by the Expert, the Client will have five (5) natural days to proceed to the payment. If this period was not fulfilled, the enquiry will be closed.
- The Expert, once he has all the information and documentation needed and once the Client has made the payment, will study the enquiry and, in a maximum period of five (5) natural days, will submit a written Report. This will be provided to the Client through the Platform and will include the conclusions and recommendations related to the enquiry.
- After the submission of the Report, the Client will have the opportunity within the following two (2) natural days after the submission, to request to the Expert some further explanation about it.
- When this period is over, the Expert will close the enquiry and the service will be finished by the Expert.
- Once the enquiry is closed, the Client will have two (2) natural days to assess the Expert’s service.
- Thirty (30) days after the enquiry is closed, the Platform will delete the details related to such enquiry.
- The Client agrees and compromises to make only a private use of the Report received, not being allowed to share it with third parties without the previous and express authorization of the Expert.
To guarantee the service delivery and to receive the Report submitted by the Expert, it is mandatory to introduce a means of payment once the Expert accepts the enquiry.
Likewise, in the written enquiries, the Client will be able to cancel them until the Expert accepts it.
Once the payment for the service is done in no case Formedika will reimburse the amount.
10. Cancellation of the service or of the Client/Expert account
If any violation of the points stated in these Service Conditions was detected, Formedika reserves the right to cancel immediately and without prior notice the account of the Client/Expert in Expert Clinical Advice.
11. Legal aspects
The relationship established between Formedika and the Client/Expert is regulated by the current applicable legislation and the competent jurisdiction. Nevertheless, in the cases in which the legislation foresaw the possibility of the parties to undergo a charter, Formedika and the Client/Expert, expressly forgoing any other corresponding charter, undergo the Courts of the city of San Sebastian.