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Terminos de Uso

Terms of service

  

Terms and Conditions of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. 

By using this site, you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions, do not use this site!

Policlinik Inc. ("Policlinik") may revise and update these Terms and Conditions at any time. Your continued usage of the Policlinik website ("Policlinik Site," or the "Site,") or the Policlinik Mobile Service ("Policlinik Mobile App" or the "App" will mean you accept those changes.

The Site Does Not Provide Medical Advice or Diagnoses

The contents of the Policlinik Mobile App, such as text, graphics, images, and other materials created by Policlinik or obtained from Policlinik 's Medical Information Service Providers (“Health Professionals”), and other materials contained on the Policlinik Mobile App (collectively, "Content") are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Our Health Professionals do not have the diagnostic means such as physical, laboratory exams or medical imaging to tend to or diagnose your medical condition, because of this, we are not a diagnostic service, our Health Professionals offer information pertaining your possible medical condition, cause and outcome, based on their knowledge from their professional experience and cases with similar symptoms. This information can be useful and serves as a well-informed symptom checker. Always seek the advice of your physician or other qualified health provider in your region with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something that you were informed of on the Policlinik Mobile App!

If you think you may have a medical emergency, call your doctor, 911 or other emergency and ambulance services in your country or region immediately. Policlinik does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the App. Reliance on any information provided by Policlinik, Policlinik employees, or service providers.

   Our Service

Policlinik and its information providers or health professionals offer a Service that empowers people to make informed health decisions.  Additionally, through the use of our Extra Services, Policlinik enables interaction with physicians and other health care providers through sharing of personal health information or through virtual consultation with such physicians or health care providers.  The Extra Services is provided through health care providers affiliated with Policlinik.  Policlinik itself is not a provider of medical advice or a health care provider.

        Eligibility

This is a contract between you and Policlinik. You must read and agree to these terms before using or accessing any of Policlinik’s Services. If you do not agree to any of these terms, you may not use the Service. You may use the Service only if you can form a binding contract with Policlinik, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under the age of 18 is strictly prohibited and in violation of this Agreement. You may only use the Services Policlinik has made the Service available in your country; any other use is prohibited.The Service is not available to any Users previously removed from the Service by Policlinik. 

Any use of the Service by a User that is not eligible under and according to these Terms of Service, is prohibited and is at the own risk of such User.

No Medical Advice through Speak with a Doctor, for Medical Information and Symptom Checker

ALL OF THE MATERIAL PROVIDED THROUGH THE SPEAK WITH A DOCTOR OR SYMPTOM CHECKER PORTION OF THE PLATFORM, SUCH AS TEXT, GRAPHICS, PHOTOGRAPHS, IMAGES, MESSAGES, FORUM POSTINGS, AND ANY OTHER MATERIALS, ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER IN YOUR COUNTRY OR REGION WITH ANY QUESTIONS YOU MAY HAVE REGARDING YOUR HEALTH. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF ANY INFORMATION PROVIDED THROUGH THE PLATFORM. ADDITIONALLY, COMPANY DOES NOT PROMISE ANY PARTICULAR RESULTS WITH REGARDS TO YOUR HEALTH IN CONNECTION WITH YOUR USE OF THE PLATFORM.  IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR YOUR LOCAL EMERGENCY PHONE NUMBER IMMEDIATELY.  The Speak with Doctor or Symptom Checker portion of the Platform may include reference to certain pharmaceuticals.  These pharmaceuticals may not be available in all jurisdictions and in some jurisdictions, they may require a prescription or advice regarding the local brand name from an authorized health care professional. Policlinik does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned through the Service. Reliance on any information provided on the Service, or by other members on the Platform is solely at your own risk. Policlinik does not undertake any responsibility in relation to the quality of the medical advice or the manner in which is it provided by doctors or medical organizations that receive your personal information through our Platform. We recommend that you use reasonable discretion and if you do not feel well or in the event you do not receive feedback within a reasonable time, we recommended that you contact your doctor directly. 

        Medical Advice, Prescriptions and Lab Work through our Extra Services

Do not use our Extra Services for emergency medical needs. If you experience a medical emergency, call your local emergency phone number immediately.

Policlinik does not provide any physicians’ or other healthcare providers for the Extra Services’ (collectively, “Extra Services Providers”) services itself.  All of the Extra Service Providers are independent from Policlinik and using the Extra Service to communicate with you.  Any information or advice received from an Extra Service Provider comes from the Provider, and not from Policlinik.  Your interactions with the Extra Service Providers via the Extra Service are not intended to take the place of your relationship(s) with your regular health care practitioner(s).

Company will not be liable for any professional advice you obtain from an Extra Service Provider via the Extra Service.  You acknowledge your reliance on any Extra Service Providers or information provided by the Extra Services is solely at your own risk and you assume full responsibility for all risk associated therewith.

You hereby certify that you are physically located in the State, Province or Country you have entered as your current location for Extra Service.  You acknowledge that your ability to access and use the Extra Service is conditioned upon the truthfulness of this certification and that the Extra Service Providers you access through the Extra Service are relying upon this certification in order to interact with you.  In the event that your certification is inaccurate, you agree to indemnify Policlinik and the Extra Service Providers you interact with from any resulting damages, costs, or claims.

Children's Privacy

We are committed to protecting the privacy of children. You should be aware that this App is not intended or designed to attract children under the age of 18. We do not collect personally identifiable information from any person we actually know is a child under the age of 18.

Use of the Content

The Content posted on this App is protected by the copyright laws in the United States and in foreign countries. Policlinik authorizes you to view a single copy of the Content solely for your personal, non-commercial use. Any special rules for the use of certain software and other items accessible on the Policlinik Mobile App may be included elsewhere within the App and are incorporated into these Terms and Conditions by reference.

Title to the Content remains with Policlinik or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and other features are subject to change or termination without notice in the editorial discretion of Policlinik. All rights not expressly granted herein are reserved to Policlinik and its licensors.

If you violate any of these Terms and Conditions, your permission to use the App automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

Liability of Policlinik

The use of the Policlinik Mobile App and the Content is at your own risk.

When using the Policlinik App, information will be transmitted over a medium that may be beyond the control and jurisdiction of Policlinik. Accordingly, Policlinik assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Policlinik App.

The Policlinik App and the Content are provided on an "as is" basis. POLICLINIK, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, Policlinik, its licensors, and its service providers make no representations or warranties about the following:

  1. The accuracy, reliability,      completeness, currentness, or timeliness of the information, or      communications provided on or through the use of the Policlinik App or      Policlinik.
  2. The satisfaction of any      government regulations requiring disclosure of information on prescription      drug products or the approval or compliance of any software tools with      regard to the Content contained on the Policlinik App.

In no event shall Policlinik, its licensors, its service providers, or any third parties mentioned on the Policlinik App be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Policlinik App or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Policlinik, its licensors, its suppliers, or any third parties mentioned on the Policlinik App are advised of the possibility of such damages. Policlinik, its licensors, its suppliers, or any third parties mentioned on the Policlinik App shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $1000. Policlinik, its licensors, its service providers, or any third parties mentioned on the Policlinik App are not liable for any personal injury, including death, caused by your use or misuse of the App, Content, or Public Areas (as defined below). Any claims arising in connection with your use of the Site, App, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.

User Content and Submissions

The personal information you submit to Policlinik is governed by the  Policlinik Privacy Policy. To the extent there is an inconsistency between this Agreement and the  Policlinik Privacy Policy, this Agreement shall govern.

Users may also upload User Content via our official brand presence on social media platforms and branded hashtags, including, without limitation Facebook, Twitter, Google Plus, YouTube, Instagram, and Pinterest, (collectively "Social Media Platforms"). You agree that you will not post, upload, or transmit any communications or User Content of any type to the Public Areas or Social Media Platforms that infringe or violate any rights of any party. By submitting communications or User Content to the Public Areas or Social Media Platforms, you agree to comply with these Terms and Conditions and other applicable policies.  Policlinik reserves the right to remove User Content for any reason, including User Content that we believe violates these Terms and Conditions or our other policies. By submitting any communications or User Content to the Public Areas or Social Media Platforms, you further agree that such submission is non-confidential for all purposes. It is important to note that Policlinik is not responsible for the operation, terms of use or policies of any Social Media Platform. Before using any Social Media Platform you should review its terms of use and policies, including its privacy policy.

If you make any submission or post to a Social Media Platform, you agree that you will not send or transmit to Policlinik by email, (including through the email addresses listed on the "Contact Us" page) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to Policlinik by email, you agree such submission is non-confidential for all purposes. 

If you make any submission or post to a Social Media Platform or if you submit any business information, idea, concept or invention to Policlinik by email, you automatically grant-or warrant that the owner of such content or intellectual property has expressly granted- Policlinik a royalty-free, perpetual, irrevocable, worldwide, non-exclusive, fully sub licensable right and license to use, reproduce, create derivative works from, modify, adapt, publish, edit, translate, distribute, perform, and publicly display such submission or User Content in any media or medium, or any form, format, or forum now known or hereafter developed. Policlinik may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Areas or Social Media Platforms or to Policlinik by email. We try to answer every email in a timely manner, but are not always able to do so.

User Submissions — Image, Video, Audio Files

You agree to only post or upload media (like photos, videos, or audio) on the Policlinik App or a Social Media Platform that you have taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy, or any other rights of any other person. Photos or videos of celebrities and cartoon or comic images are usually copyrighted by the owner.

To protect your privacy, you agree that you will not submit any media that contains Personally Identifiable Information (like name, phone number, email address or web site URL) of you or of anyone else. Uploading media like images or video of other people without their permission is strictly prohibited.

By uploading any media on the Policlinik App or a Social Media Platform, you warrant that you have permission from all persons appearing in your media for you to make this contribution and grant rights described herein. Never post a picture or video of or with someone else unless you have their explicit permission.

It is strictly prohibited to upload media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms and Conditions.

You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or this App.

By uploading any media on a Social Media Platform like a photo or video: (a) you grant to Policlinik a perpetual, irrevocable, non-exclusive, worldwide, royalty-free, fully sub licensable right and license to use, copy, print, publicly display, reproduce, modify, publish, post, transmit, create derivative works from, and distribute the media and any material included in the media; (b) you certify that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes Policlinik to use, copy, print, publicly display, reproduce, modify, publish, post, transmit, create derivative works from, and distribute the media and any material included in such media; and (c) you agree to indemnify Policlinik and its affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys' fees, arising from the media and/or your failure to comply with these Terms and Conditions.

Passwords

Policlinik has several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your Policlinik passwords or accounts. It is your sole responsibility to: (1) control the dissemination and use of sign-in name, screen name and passwords; (2) authorize, monitor, and control access to and use of your Policlinik account and password; (3) promptly inform Policlinik if you believe your account or password has been compromised or if there is any other reason you need to deactivate a password. To send us an email, use the "Contact Us" links located at the bottom of every page of our site. You grant Policlinik and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. Policlinik cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using Policlinik tools and services.

User Content Guidelines

Policlinik and its licensors are not responsible for the consequences of any communications on Social Media Platforms. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor, 911 or your medical emergency services in your country or region.

In consideration of being allowed to use the Social Media Platforms, you agree that the following actions shall constitute a material breach of these Terms and Conditions:

  1. Using a Public Area or      Social Media Platform for any purpose in violation of local, state,      national, or international laws;
  2. Posting material that      infringes on the intellectual property rights of others or on the privacy      or publicity rights of others;
  3. Posting material that is      unlawful, obscene, defamatory, threatening, harassing, abusive,      slanderous, hateful, or embarrassing to any other person or entity as      determined by Policlinik in its sole discretion;
  4. Posting advertisements or      solicitations of business;
  5. After receiving a warning,      continuing to disrupt the normal flow of dialogue, or posting comments      that are not related to the topic being discussed (unless it is clear the      discussion is free-form);
  6. Posting chain letters or      pyramid schemes;
  7. Impersonating another      person;
  8. Distributing viruses or other      harmful computer code;
  9. Harvesting, scraping or      otherwise collecting information about others, including email addresses,      without their identification for posting or viewing comments;
  10. Allowing any other person or      entity to use your identification for posting or viewing comments
  11. Posting the same note more      than once or "spamming"; or
  12. Engaging in any other      conduct that restricts or inhibits any other person from using or enjoying      the Social Media Platform or the App, or which, in the judgment of      Policlinik, exposes Policlinik or any of its customers or suppliers to any      liability or detriment of any type.

Policlinik Reserves the Right (but is Not Obligated) to Do Any or All of the Following:

  1. Record the dialogue in chat      rooms.
  2. Investigate an allegation      that a communication(s) do(es) not conform to the terms of this section      and determine in its sole discretion to remove or request the removal of      the communication(s).
  3. Remove communications which      are abusive, illegal, or disruptive, or that otherwise fail to conform      with these Terms and Conditions.
  4. Terminate a user's access to      any or all Public Areas and/or the Policlinik App upon any breach of these      Terms and Conditions.
  5. Monitor, edit, or disclose      any communication in the Public Areas or on a Social Media Platform.
  6. Edit or delete any communication(s)      posted on the Policlinik App, regardless of whether such communication(s)      violate these standards.

Policlinik or its licensors have no liability or responsibility to users of the Policlinik App or any other person or entity for performance or non-performance of the aforementioned activities. 

Advertisements, Searches, and Links to Other Sites

Policlinik may provide links to third-party web sites. Policlinik also may select certain sites as priority responses to search terms you enter and Policlinik may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. Policlinik does not recommend and does not endorse the content on any third-party websites. Policlinik is not responsible for the content of linked third-party sites, sites framed within the Policlinik App, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. Policlinik does not endorse any product, service, or treatment advertised on the Policlinik App.

Indemnity

You agree to defend, indemnify, and hold Policlinik, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from: (a) your use of the App, (b) any User Content you post or upload, (c) your use of or reliance on any User Content, or (d) your violation of these Terms and Conditions.

General

Policlinik is based in Miami, Florida, in the United States of America with principal offices in Miami, Johannesburg, Gauteng in the Republic of South Africa. Access to the Content may not be legal by certain persons or in certain countries. 

The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, User Submissions, User Submissions – image, video, audio files, Indemnity, Jurisdiction, and Complete Agreement.

Jurisdiction

You expressly agree that exclusive jurisdiction for any dispute with Policlinik, or in any way relating to your use of the Policlinik App, resides in the courts of the State of Florida and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Florida in connection with any such dispute including any claim involving Policlinik or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

These Terms and Conditions are governed by the internal substantive laws of the State of Florida, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Complete Agreement

Except as expressly provided in a particular "legal notice" on the Policlinik App, these Terms and Conditions constitute the entire agreement between you and Policlinik with respect to the use of the Policlinik App.

Thank you for your cooperation. We hope you find the Policlinik App helpful and convenient to use!

Last updated on February 15, 2020 

© 2020 Policlinik, Inc. All rights reserved. 

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