The present General Terms and Conditions and legal information (hereinafter “General Terms & Conditions”) regulate the access to the website www.lymphe-care.com which is property of ChallenTech InnoSolutions S.L (hereinafter “Lymphe Care”) through which the web platform is made available to user (hereinafter “the Platform”).
The acceptance of the present General Terms & Conditions constitutes a contractual relationship between you and Lymphe Care.
- GENERAL INFORMATION
The following identifying data of the service provider through the platfom Lymphe Care (www.lymphe-care.com) are exposed in compliance with the right of information contained in Article 10 of Law 34/2002 of July 11, Services of the Information Society and Electronic Commerce:
- Company name: ChallenTech InnoSolutions, S.L
- Social Address (HeadQuarter): 76 Santutxu Street – Bilbao (48006) Spain
- Registration Data in the Companies House: Company House of Bizkaia, volume 5743, Sheet BI-70989
- Tax identification number (NIF): ES-B95906772
- E-mail: firstname.lastname@example.org
2. THE SCOPE OF SERVICES
The platform Lymphe Care promotes the well-being of people with lymphedema, offering all its users (hereinafter “user”and/or “users”) the possibility of being part of health professionals directory, sell online workshops and non-medical products (hereinafter, user “Vendor”) and access the health professionals directory, buy online workshops and non-medical products (hereinafter, user “Buyer”).
The non-medical products are those that national and international legislation in force does not include as sanitary. Therefore, the sale of medicines and medical products/device listed as such in the national and international legislation in force is strictly forbbiden through Lymphe Care.
Within the framework of the Platform, Lymphe Care acts an intermediary with all its users, that is, makes available to its users a Platform to promote the well-being of people with lymphedema. Consequently, Lymphe Care will not enter in any case in the conflicts arisen between the users.
The users shall refrain from using the contents of the Platform for illicit purposes or effects which are adversely affecting to the rights or the interest of third parties, or in any way may damage, render unusable affect or deteriorate the Platform, its contents and its services. In addition, it is forbidden the normal use or enjoyment of the Platform to other users. Lymphe Care reserves the right to remove from its Platform any product o workshop which considers does not according to the principles of the company.
The content offered on the Platform Lymphe Care may sometimes not be suitable for minors or people with special sensitivity; consequently, you access the Platform under your responsibility. In this sense, the users are fully responsible for the access and correct use of the Platform and its contents, subject to current national or international law, as well as the principles of bona fide, public decency and public order. And specifically, the user acquires the commitment diligently to observe the present General Terms and Conditions.
Lymphe Care does not guarantee the level of operation of the Internet network. The service may be unavailable or limited at any time and for any reason beyond Lymphe Care’s control, whether due to emergencies, connection overload, link failure, network equipment problems, transfers or signal strength. Lymphe Care is not responsible for data; messages or pages lost or not saved due to Internet service performance problems.
In addition to the above, and to the extent permitted by law and except as otherwise provided in these General Terms and Conditions, in no event Lymphe Care shall be liable for personal injury, or accidental, special, direct or indirect, including, without limitation, damages for loss of profits, loss or failure to obtain employment, loss of data, business interruption or any other commercial damage or loss, related to the use or impossibility of use of the Platform, regardless of the cause, regardless of the theory of liability (contractual or tort or otherwise) and even if the user has been advised of the possibility of such damage.
3. USERS ACCOUNT
To register on the Platform as user Vendor or Buyer and be able to contractually bound, the user must be at least 18 years old or, where applicable, have sufficient legal capacity to sign this contract. In turn, you will have to indicate your name and surname (company name, if applicable), identification number, country of residence, postal address, e-mail address, profile data and bank card number using the appropriate form.
The user guarantees that the Personal Data provide are true and accuracy, and undertakes to notify any change or modification thereof. Lymphe Care reserves, without being obligated to do so, the right to request any official information in order to verify the veracity of the Personal Data provided by users.
4. PROFESSIONAL DIRECTORY, PURCHASE AND SALE PRODUCTS AND ONLINE WORKSHOPS ON THE PLATFORM
Lymphe Care allows users Vendor to offer other users the purchase of their online workshops and non-medical products/devices through a space offered by the Platform (hereinafter, the “Store”), which is also enabled for the heald professionals directory.
4.1 CONTENT OF THE STORE
The user Vendor guarantees which has all the exploitation rights about online workshops and non-medical products/devices for sale in its Store, as well as health professional directory. In addition, the user Vendor guarantees which such online workshops, non-medical products/devices and the content of health professional directory do not infringe any rules, contracts or rights of third parties. Therefore, the user Vendor exonerates Lymphe Care from any third party claims arising from the use of such content.
Likewise, it shall be the responsibility of the userVendor that all intellectual and/or industrial property rights derived from the online workshops, non-medical products/devices for sale and health professional directory (such as copyrights, trademarks, patents, industrial designs, among others) are owned and/or have sufficient authorization for use and / or exploitation on the Platform. Lymphe Care will not verify these extremes and will not be held responsible for the consequences of non-compliance that may be generated, both with respect to the user Vendor and with respect to third parties.
In this sense, the user Vendor, is solely responsible for acquiring authorization, permission or license for the online workshops and non-medical products/devices to display in its Store, as well as the information and contents in the health professional directory.
4.2 OBLIGATIONS OF THE VENDOR
The user Vendor undertakes to:
- Self-manage, develop, promote, sell and updated maintenance its Store
- Self-manage, promote and updated maintenance the information and content of its health professional directory (only in the case of health professionals)
- Make an accurate description of each online workshop and non-medical products/devices for sale
- Accept, process and finalize the orders from Buyers through the Store
- Process the shipment of the non-medical products/devices to the postal address provided by the Buyer user
- Process the available and access of the workshops acquired by the Buyer user
- Assume the costs of return in the case in wich the Buyer user is not satisfied with the non-medical products/devices bought or the access of online workshop
- Answer, solve and manage any compliant that any user lodges againts the Vendorr user or againts any of the online workshops and non-medical products/devices offered by the Seller user
- Manage and supervise the access control of your staff on the platform
- Not to publish illicit content in the Store
Lymphe Care shall not be responsible for the Vendor´s own functions, including but not limited, shipping, taxes, invoices, etc.; toand the latter shall always be liable for any incident caused by the mismanagement of its Store inside and outside of the Platform Lymphe Care.
4.3 SYSTEM OF PURCHASE AND SALE OF NON-MEDICAL PRODUCTS/DEVICES AND ONLINE WORKSHOPS
Any Buyer can acquire the online workshops and non-medical products/devices from the different Store of the Vendor users.
The Buyer user will be required to pay the corresponding amount for the online workshops and non-medical products/devices acquired through payment gateway available in the Platform. Once the purchase and sale of online workshops and non-medical products/devices has been formalized, the Vendor user is responsible for the shipment and proper maintenance of the product until receipt of the same by the Buyer user and/or the correct availability and access to the online workshops acquired by the Buyer user.
In the case of online workshops and published articles (hereinafter, “Digital Content”) are the exclusive property of the user Vendor, and therefore, are protected by copyright, national and international intellectual property laws in force. Download and access to digital content is only available to the registered Buyer user and only for personal, non-commercial purposes.
Therefore, the user Buyer agrees to:
- DO NOT Copy, download (except for your personal use through personal storage memory), modify, replicate, license, distribute; publish, show, share, transmit, exhibit, duplicate, create derivative works or offer for sale the digital content (in part or in whole) or other information contained therein without the express written consent without the express written consent of the user Vendor.
- DO NOT alter, avoid, remove, circumvent or interfer with copyright and/or other propietary trademark notices inserted in the digital content itself and/or in its description.
- DO NOT retransmit, share and or make available through online or framed links the digital content without the express written consent of the user Vendor.
- QUOTE the creator of the content (user Vendor) including in the quote surname & name and/or company name, title, year of publication and place of edition
accepting the terms and conditions of each Vendor´s Store, as well as the terms and conditions of this platform.
Lymphe Care shall not be liable for damages of any kind that may result from inaccuracy, incompleteness, errors or omissions in the description of the non-medical products/devices and online workshops displayed in the Store, as well as any other obligation of the Vendor user.
5. SYSTEM OF SUBSCRIPTION/MEMBERSHIP
Both in the Service of Purchase and Sale of online workshops and non-medical products/devices, and the Service of Health Professionals Directory; Lymphe Care offers to the Vendor users subscriptions/membership plans, which have a permanency of 12 months. The Vendor user will be able to acquire a superior plan at any time, with permanence being conditional upon this superior plan. In the event that you wish to purchase a plan lower than the one you have subscribed to, the Vendor user will have to wait until the end of the aforementioned period of permanence. For more information about the advantages of the offered plans by Lymphe Care, please, click here.
In addition to the subscription/membership plans, the Vendor users must take into account the management costs associated with the payment gateway made available to you at Lymphe Care.
6. CANCELLATION OF SERVICE
The user can cancel at any time, and will continue to enjoy the Lymphe Care service until the end of the period which has already been paid, depending on the plan contracted by the user, if any, always taking into account the period of permanence of 12 months. Always in compliance with applicable regulations, payments are non-refundable and no partial refunds will be made for the hiring of packs.
In the case of the period of permanence, the user, even causing voluntary cancellation of the service before the end of the period of permanence, must pay the corresponding fee until the end of that period.
The cancellation of service will be carried out by sending an email to email@example.com indicating in the subject “Cancellation”. The customer service will respond to your request n a period not exceeding seventy-two (72) hours.
7. INTELLECTUAL AND INDUSTRIAL PROPERTY
The contents related to the Lymphe Care trademark, domains, logos, drawings or documentation, including software, computer programs, or any element which may be subject to protection by Intellectual or Industrial Property legislation, which may be accessible to users, are the property of Lymphe Care and are expressly reserved all rights of use over them.
You may use such material only as expressly authorized by Lymphe Care or licensed by us.
Any misuse of the service or its obligations by the user may result, at the discretion of Lymphe Care, in the cancellation of the user’s account, or suspension of the service until the incident is resolved, if any.
In addition, the user undertakes not to remove, delete, alter, manipulate or in any way modify:
- Any notes, legends, indications or symbols that either Lymphe Care or the legitimate owners of the rights incorporate into their properties in the field of Intellectual or Industrial Property (such as copyright, ©, ® and ™, etc.).
- Technical protection or identification devices that the Property may contain (such as watermarks, fingerprints, etc.).
The user acknowledges that by virtue of these General Terms and Conditions of Use, Lymphe Care does not assign or transfer to the user any rights over its Property, or over any properties of third party. Lymphe Care only authorizes the user to access and use them in accordance with the terms indicated in these terms and conditions.
Users are not authorized to copy, distribute (including e-mails and Internet), transmit, communicate, modify, alter, transform, cede or, in any other way, engage in activities that involve the commercial use of the Property, either partially or totally, without the express written consent of the legitimate owner of the exploitation rights.
The access and use of the Platform will always be for strictly and in any case personal and non-commercial purposes.
Lymphe Care reserves all rights over the Property corresponding to it, including, but not limited to, all Intellectual and Industrial Property rights it holds over the same.
Lymphe Care does not grant any other license or authorization of use to the user about its Property other than that expressly detailed in this clause.
Lymphe Care reserves the right to terminate or modify at any time and for any reason, the licenses granted under these terms and conditions. Notwithstanding the foregoing, Lymphe Care may take legal action against any use by the user who:
- Does not conform to the General Conditions of Use specified herein;
- Infringe or violate the Intellectual and Industrial Property rights or other analogous rights of the Company or any other legitimate third party holder; or infringe any applicable regulations.
The contents shared by the Vendor user with Lymphe Care, understanding as such content, any photograph, audiovisual content and/or text that the Vendor user exhibits in the Store may be fixed, communicated and/or reproduced in part or entirely in any medium, and integrated into any material, including the Lymphe Care Platform, blog and social networks, magazines, publications, videos, posters, plates, as well as being part of catalogues, newsletters, articles published in the various media, among others. Likewise, the Vendor user authorizes Lymphe Care to technically transform the shared contents to the extent that it is necessary to adapt them to the format of the corresponding support.
In case of complaint for any reason or consultation related to Lymphe Care, you can contact us through the email address firstname.lastname@example.org. For its part, Lymphe Care will devote ll its efforts to meet your request as soon as possible
9. INDEPENDENCE OF THE CLAUSES
If any of the clauses of the present General Terms and Conditions were null and void or voidable, it will be considered not to have been put. Such declaration of nullity shall not invalidate the rest of the Contract, which shall remain in force and effective between the Parties.
10. APPLICABLE LAW
The present Conditions will be governed by Spanish legislation, which will be applicable in the matter of interpretation, validity and execution. In addition, both parties submit, expressly waiving any other jurisdiction, to the Courts and Tribunals of Bilbao.
n addition, the user will be able to resolve in an amicable manner any incidents that may occur during the contractual relationship through the Platform promoted by the European Commission. https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN
11. MODIFICATION TERMS & CONDITIONS
Lymphe Care reserves the right to modify this Terms and Conditions document at any time. In the event of any change to the Terms and Conditions, these will be published in the Platform and the date of publication will be indicated, so that the User knows the date on which the modification has become effective. In any case, you will receive a notification through electronic means about the update of the Conditions of Use of Lymphe Care prior to its publication in the Platform.
Once you receive the relevant notice of the modification of the Terms and Conditions, you may terminate your contract prior to the date on which the new Terms and Conditions take effect or you may opt to continue your access to and use of the Platform.