This document contains the Terms and Conditions that regulate the access and use of the APP for the management of home deliveries of medicines (hereinafter, “the APP“).
Access, registration and use
Access, registration and use of the APP are subject to the signature with the Hospital in which You are being treated (hereinafter, “Hospital“) of the agreement of adherence to the Program for the Management of Home Delivery of Medications (hereinafter, “Program“). The processing of the personal data you provide will be subject to the Hospital’s Privacy Policy. For the access and use of the APP, the Hospital will have provided you with the registration and access data with which You may initiate the use of the APP. You must register with the APP and agree to these terms and conditions as defined below (“Terms and Conditions“). Access to the APP implies express acceptance of the Terms and Conditions.
For the purposes of the above, the Terms and Conditions are understood to be all the conditions included in this document, the Hospital’s Privacy Policy and any contractual documents that You may have formalized and/or formalize during the duration of Your treatment/relationship with the Hospital and/or third parties designated by the Hospital.
Operation of the Program. Once you have signed the Program adhesion agreement with the Hospital, you will be able to view in the APP the medication prescribed for you as part of your treatment. Please note that if you do not confirm in the APP the delivery date of the medication, you will be able to pick it up at the Hospital’s pharmacy.
When the prescribed treatment has been detailed by the Hospital Pharmacist in the APP, an access code to the APP will be automatically generated, which will be provided by the Pharmacist at the time of joining the Program. The APP will keep a record of the administrations of your prescribed treatment and the scheduled delivery dates until the end of the treatment.
You shall provide the information required in the Program adherence agreement at your sole risk and responsibility, guaranteeing the veracity and timeliness of the data provided. The Hospital shall not be liable for the accuracy of the registration data provided and shall be held harmless for any damages, errors and failures of any nature that may arise from the lack of accuracy and timeliness of the registered data.
The Hospital reserves the right to deny access and/or automatically suspend, without prior notice to that effect, temporarily and/or definitively, access to and use of the APP and participation in the Program in the event that the Hospital considers and/or finds that:
– The registration data provided are not truthful, are inaccurate and/or are not up to date.
– The use of the Program and/or the APP being made violates any of the provisions of these Terms and Conditions and/or any applicable regulations that may apply.
– Any improper and/or fraudulent use of the APP.
You are solely responsible for the proper use of the APP and that such use is at all times in accordance with the Terms and Conditions. You are also responsible for maintaining the confidentiality and safeguarding of all access information (including, but not limited to, access codes provided, passwords and access keys chosen, etc.). You agree to notify the Hospital immediately, and in any event no later than 24 hours after you become aware of this fact, if you become aware of any unauthorized use of your password or associated account or any suspected breach of identity by notifying the Hospital Pharmacist or via email to the Hospital’s email address. Failure to notify will exonerate the Hospital and its subcontractors and/or collaborators from implementing the necessary measures to prevent unauthorized access.
Terms of access and use of the APP. You acknowledge and agree that the Hospital grants you a non-exclusive, free, non-transferable, non-transferable license to use the APP for personal use, limited to the national territory and for the duration of the Program. Such license is also granted on the same terms with respect to updates.
You acknowledge and agree that access to and use of the APP and participation in the Program is voluntary and at your sole risk and responsibility.
You are obliged and undertake to use the APP and all its contents and any element comprising the same as well as any information within the framework of the Program (hereinafter, “Contents”) in accordance with current legislation, following the provisions of the Terms and Conditions and any other notice or instructions made known to you, either through the Terms and Conditions or any other place within the Contents, as well as in accordance with the generally accepted rules of coexistence, respect, morality and good customs. To this effect You agree to:
(i) Not to use the APP and the Contents for illicit and/or fraudulent purposes or effects.
(ii) Not to use the APP and the Contents for purposes detrimental to the rights and interests, of any nature, of third parties.
(iii) Not to use the APP and the Contents in any way that violates and/or breaches the Terms and Conditions and/or any applicable law in force. By way of example but not limited to:
– Not to reproduce, copy, distribute, disseminate or make available to third parties the Content and any kind of material and information (such as, among others, information, texts, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software, logos, trademarks, icons, technology, photographs, links, graphic design and source codes) to which you access through the APP and/or as a result of the Program.
– Not to transform or modify the Contents and any kind of material and information accessed through the APP and/or as a consequence of the Program.
– Not to carry out any type of action or omission that may damage, render useless, overload, deteriorate or prevent the normal use of the APP and the Contents and the Program.
– Not to extract or reuse all or a substantial part of the Contents.
Free use of the APP. Access to and use of the APP is free of charge.
Voluntary cancellation of the Program and the APP
If you wish to unsubscribe from the Program and from the use of the APP, you must send an e-mail to the HOSPITAL’s e-mail address. Once your unsubscription request has been received, the Hospital Pharmacist will initiate the procedures to proceed to unsubscribe you from the Program and, therefore, cancel your access to the APP.
Intellectual and Industrial Property
You acknowledge and agree that all trademarks, trade names or distinctive signs of any kind that may appear in the APP are the property of the company Safety for Hospital Processes, S.L. (hereinafter, “SHP“) or third parties who have authorized their use, without it being understood that access to and use of the APP and/or the Contents grants you any right over them, including the aforementioned trademarks, trade names and/or distinctive signs, and without it being understood that none of the exploitation rights that exist or may exist over said Contents have been transferred to the user of the APP.
Similarly, you acknowledge and agree that the Contents are the exclusive property of SHP or third parties who have authorized their use, therefore, it is up to SHP or such third parties the exclusive exercise of the rights of exploitation of the Contents in any form and, in particular, the rights of reproduction, distribution, public communication and transformation.
The unauthorized use and the transfer of intellectual or industrial property rights of SHP or third party owners thereof, will give rise to the legally established responsibilities and compensation for damages caused.
Are also reserved to their owners all copyright of the terms and conditions themselves by the laws and international treaties of intellectual property. Copying, reproduction or dissemination, in whole or in part, by any means is expressly prohibited.
Availability of the APP
The Hospital and SHP do not guarantee the non-existence of interruptions or errors in access to the APP and its Contents, although they will make their best efforts to avoid and correct them, if necessary.
The Hospital and SHP shall not be liable for damages of any kind caused as a result of failures or disconnections of systems and/or networks of third parties, telecommunications networks and internet that prevent and/or produce the suspension, cancellation or interruption of the APP.
The Hospital and SHP exclude, with the limitations established in current legislation, any liability for damages of any kind that may be due to the lack of availability, continuity or quality of the operation of the APP and the Contents, as well as those arising from the non-fulfillment of the expectation of usefulness that You may have attributed to the Program and the APP.
You acknowledge and agree that it is not the responsibility of the Hospital and SHP to control the absence of viruses, worms or any other harmful element that prevents access to the APP.
You are obligated to have the appropriate tools for accessing and using the APP. The Hospital and SHP shall not be liable for any possible errors and security damages and damages caused as a result of your access terminals and/or third party systems and networks.
Third party links and/or services
You may be able to access content and/or services provided by third parties through the APP. The Hospital does not control, approve or take prior responsibility for the content and/or services that You may access and/or contract through the APP. Likewise, the Hospital does not guarantee the legality, reliability, usefulness, truthfulness, accuracy, completeness and updating of the content and services provided by these third parties.
With the restrictions indicated by the regulations in force regarding the Information Society Services, the Hospital and SHP shall not be liable, either indirectly or subsidiarily, for damages of any nature arising from the use and contracting of the content and services provided by third parties through the APP, as well as the lack of legality, reliability, usefulness, truthfulness, accuracy, completeness and updating of the same.
The APP may also provide technical linking devices and search tools that allow access to websites owned by other entities (links and/or linked websites). You understand and agree that use of and access to the linked websites is at Your own risk and responsibility and the Hospital and SHP disclaim any liability related to the technical availability of the linked websites, the quality, reliability, accuracy and/or truthfulness of the services, information, articles and/or content that You may access therein and in their search directories.
Subject to the restrictions indicated by the applicable regulations in force regarding Information Society Services, the Hospital and SHP shall not be liable, either indirectly or subsidiarily, for damages of any nature whatsoever arising from: a) operation, unavailability, inaccessibility and lack of continuity of the linked websites and/or the available search directories; b) the lack of maintenance and updates of the content and services contained on the linked websites; c) the lack of quality, accuracy, legality and usefulness of the content and services of the linked websites.
Data protection
In accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, all personal data provided during access and participation in the Program will be treated in accordance with the provisions of the Privacy Policy.
Modifications
The Hospital reserves the right to, unilaterally and without prior notice:
(a) Make changes deemed appropriate to the APP and the Program and to unilaterally modify, delete and include without prior notice new content, as well as the manner in which it will be displayed and located.
b) Modify the Terms and Conditions at any time, in whole or in part. The modification will be communicated to you in writing and will take effect from its publication in the APP. If you do not agree with the modifications introduced, you may unsubscribe from the Program by notifying the Hospital Pharmacist.
Conflicts
In the event that any provision or provisions contained in the Terms and Conditions are held to be void or unenforceable, in whole or in part, by any Court, Tribunal or competent administrative body, such invalidity or unenforceability shall not affect the remaining terms and conditions applicable under the services and/or Content provided.
The Terms and Conditions are governed by Spanish law. All disputes, controversies or situations arising from these Terms and Conditions and/or the applicable specific conditions shall be submitted to the Courts and Tribunals of the Villa de Madrid, and the parties expressly waive their jurisdiction.