This legal notice will be interpreted and governed in accordance with current Spanish legislation.
A person who is 18 years of age or older and who accepts the terms and conditions included in this contract will be defined as “User”, therefore accepting its execution. In the case of minors under the age of thirteen, the consent of the parents or guardians is required for the processing of their personal data.
In this contract, the User will have access to the information regarding the legal conditions that define the relationships between the users and the person in charge of the website https://www.drtitorodriguezbouza.com as well as the web application within Google Play called “Allergy Doctor” (Hereinafter “The Web” and “The Application”)
By accepting these general conditions, it is understood that the client has read and understood all of its points and therefore understands the obligation to fully accept this contract. The user understands his responsibility to read this contract in each of the occasions in which he intends to use the website or the application, since the text could be modified at the discretion of the owner of the website or application, or because of a legislative change, jurisprudential or in business practice.
Tito Rodríguez Bouza (Hereinafter “The Responsible”) is responsible for The Application Web and undertakes to comply with all national and European requirements that regulate the use of users’ personal data.
THE RESPONSIBLE DATA:
NAME: Tito Rodriguez Bouza
REGISTERED ADDRESS: Calle Hermosilla 48 1D, 28001, Madrid
Tel: +34 636 577 506
LICENSING: College of Physicians of Madrid, number 282857973
This website guarantees protection and confidentiality of the personal data that you provide us in accordance with the provisions of the General Regulation of Protection of Personal Data (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, in Organic Law 3 / 2018, Protection of Personal Data and guarantee of digital rights, as well as in the Law of Services of the Information Society and Electronic Commerce 34/2002 of July 11 (LSSI-CE)
The Web and the Application are intended to put patients in contact with professionals for the evaluation, control and monitoring of their health (said contact hereinafter “Consultation”). Medical consultation by videoconference is in no way a substitute for face-to-face consultation requiring physical examination. In no case the consultation through the Web and the Application will require hospitalization of the patient and therefore they will not be associated with a medical center belonging to the person in charge or the doctor who performs the consultation.
This medical consultation by videoconference is a health advisory service regarding allergy-related health issues and not a complete medical act
The contents of The Web and The Application do not constitute, in any way, the provision of medical assistance services, and therefore do not replace in any case the provision of health services or medical consultation.
The provision of the service of the Web and the Application has a limited duration at the moment in which the User is in a contact established during a consultation requested for a certain time and a certain day. Previous or subsequent contacts with the Doctor will not imply an official service and, specifically, those answered by WhatsApp or other means of communication outside office hours are not urgent consultations. Therefore, it will not be considered as an unattended urgent consultation in the event that the patient is not answered by WhatsApp or another means of communication to a question asked.
Both the Web and the Application are not sponsored by pharmaceutical companies, government entities, hospitals or private health centers, nor advertising. At least 2% of the net annual earnings declared as a result of contracting the web and application services will be destined to non-profit entities.
- Conditions of use
The User is obliged to make correct use of the Web and Applications in accordance with the Law and these Conditions. The User will respond to The Responsible and / or to third parties for any damages that may be caused as a consequence of the breach of said obligation.
The fraudulent use of the Consultation is expressly prohibited, including providing false or third-party information that may lead to an incorrect diagnosis and therefore erroneous medical recommendations, except in the case of medical consultations for minors where the parent or guardian may provide information. of the patient. The User is solely responsible for the damages caused both to the person with respect to whom the medical consultation has been arranged and to the direct and indirect responsibilities and / or damages of medical professionals.
The use of the Web and the Applications for purposes other than those established herein or that in any way render useless, block or saturate the networks, servers and other equipment, products and computer applications of the Web, the Application or third parties is expressly prohibited.
The use of the contents of the web to promote, contract or disclose publicity or information of its own or of third parties without the authorization of the Responsible, nor to send publicity or information using the services or information that are made available to users, regardless of whether the use is free or not.
The user assumes his responsibility in the correct use of the Web including custody, confidentiality and not facilitating the use of his own user code and password to access third parties. This responsibility will extend to the veracity and legality of the information provided by the User in the forms made available by The Responsible for access to certain content or services offered by the Web and related Applications. Users guarantee and respond, in any case, to the accuracy, validity and authenticity of the personal data provided, and undertake to keep them duly updated. The user agrees to provide complete and correct information in the contact or subscription form. You will also be responsible for the use of the access codes that you have obtained with the completion of the aforementioned forms. The breach by the User of any of the obligations established in these conditions, entitles The Responsible party to prohibit or deny said user access to the Web, the Applications and Services.
The User agrees not to reproduce, copy, distribute, transform or modify The Web or Application except in cases authorized by law or expressly consented to by the Controller, including Software or databases.
The contents of the Website and related Applications including software and source code are the intellectual property of The Responsible or third parties. These Conditions do not imply an assignment to the User of copyright or economic exploitation of them.
Any other use that involves the copying, reproduction, distribution, transformation, public communication or any other similar action, of all or part of the contents of the web, is reserved exclusively to The Responsible, so that no user may carry out these actions without the prior written authorization of The Responsible.
The Responsible informs the User that it is prohibited to carry out the following actions: (i) extracting all or part of the source code, including decompiling it through reverse engineering, for purposes such as: translation; derived versions or other affects to the development and exploitation of the application; (ii) use of the contents, including their own or associated trademarks, for illegal purposes or for commercial purposes, and (iii) the collection of personal or professional information to which they may have access.
It is expressly forbidden to delete, evade or manipulate any identification data of the rights of the entities incorporated into the content, as well as the technical protection devices or any information and / or identification mechanisms that are incorporated into them.
The Web and Applications may include links to videoconferencing tools to communicate the User with the Responsible and / or doctor who will be consulted. The Controller may also communicate to the User by email or other means links to applications such as videoconferencing tools. These tools will be governed by their own terms and conditions and the User will be subject to the terms and conditions of the corresponding license in relation to the use of said software. The Responsible will be in charge of choosing videoconferencing tools that ensure the privacy of the videoconference with an adequate level of security.
2.4.- Written consultation
The Web and Applications may include links to contact tools such as email or communication applications through smartphones to communicate the User with the Responsible and / or doctor to whom the consultation will be made. These tools will be governed by their own terms and conditions and the User will be subject to the terms and conditions of the corresponding license in relation to the use of said software. The Responsible will be in charge of choosing videoconferencing tools that ensure the privacy of the written consultation. The User is responsible for safeguarding the necessary security to prevent third parties from accessing the medical information in the query.
- Security measures:
The personal data provided by the User will be stored in automated databases with a password to which only the person responsible for The Web and The Application will have access, as well as the person responsible for maintaining them. The medical data will be stored in automated databases with a password to which only the doctor responsible for the medical consultation will have access. The person in charge and the doctor who performs the consultation will assume the technical, organizational and security measures that guarantee the confidentiality, integrity and quality of the information contained therein in accordance with the provisions of current regulations on data protection. of a personal nature.
- Exclusion of liability
Both access to the Website and Application and the non-consensual use that may be made of the information contained therein is the sole responsibility of the user. The Responsible will not be liable for any consequence, damage or harm that may arise from such access or use. The Responsible is not responsible for security errors that may occur or for any damage that may be caused to the user’s computer system (hardware and software), or to the files or documents stored in it. The Responsible will not be responsible for viruses or other computer programs that deteriorate or may deteriorate the computer systems or equipment of users when accessing their website or other websites that have been accessed through links on this website.
The Responsible as well as its partners, collaborators, employees and representatives are not responsible for the errors or omissions that the content of this website or other content that may be accessed through it may suffer. The Controller, its partners, collaborators, employees and representatives may not be held responsible for any damages derived from the use of this website, nor for any action taken on the basis of the information provided therein.
The Responsible is not responsible for the non-understanding or understanding of the language of the web by the user, nor for its consequences. Access to the Web and related Applications does not imply the obligation on the part of The Responsible to check the veracity, accuracy, adequacy, suitability, completeness and timeliness of the information provided through it.
The Responsible is not responsible for the decisions made from the information provided on the Web, the Applications or the damages and losses caused to the User or third parties due to actions carried out as a result of the information provided therein.
Access to the Web does not imply the obligation on the part of the Responsible to control the absence of viruses, malware or any other program that may affect the operation of the tools. The Responsible is not responsible for the damages produced in the computer equipment of the Users or third parties during the use of the Web or the related Applications.
To the maximum extent permitted by law, the Responsible does not make any statement or provide any guarantee (either explicit or implicit) that the Web is appropriate for a specific purpose, that is compatible with the facilities from which you access the Web nor regarding that it is of satisfactory quality.
Access to the Web is permitted on a temporary basis, the Person in Charge reserving the right to withdraw or modify the Service provided on the Web without prior notice. The Responsible will not be responsible in the event that, for any reason, the Website is not available at any time or for any period of time.
It is the responsibility of the User to prepare the necessary computer tools to access the Web.
The website includes content that is accessed through links that refer the User to other Internet pages and portals (hereinafter, “Links”). In these events, the Responsible party acts as a provider of intermediation services in accordance with article 17 of Law 34/2002, of July 12, on Services of the Information Society and Electronic Commerce (‘LSSI’) and only You will be responsible for the content and services provided on the Links to the extent that you have effective knowledge of the illegality and have not deactivated the link with due diligence. The Responsible is not responsible for damages caused by the illegality, outdated or error of the contents of the Links or for any other damage that is not directly attributable to The Responsible. The Responsible party is responsible for the contents or services that the user can access through these links.
The User when contracting with the Doctor contracts directly with him and not with the web or the application. The User accepts and acknowledges that failure to comply with any term, circumstance or condition imposed by the Physician may lead to the cancellation of the provision of the Physician’s service, as well as the loss of the amounts paid.
For payment services the following payment methods will be accepted: Bank transfer, credit card, cryptocurrencies. The User can request receipts and invoices that will be delivered to them in PDF format by email.
For payments by bank transfer, a payment receipt will be accepted either by PDF or copy of the transfer screen sent to email@example.com or Whatsapp +34 686998990. In the event that any amount remains pending payment for a longer period fourteen (14) days, the User will be temporarily suspended from accessing the Web or App and will be notified to the relevant police authorities. The Responsible reserves the right to charge interest, at an annual interest rate equal to the basic rate of the Bank of Spain increased by 4%, on all amounts pending payment for a period of more than thirty (30) days, counted from from the issuance of the invoice.
The User has the right to contact the Person Responsible by e-mail firstname.lastname@example.org for any questions about an outstanding payment, being answered within 30 days. In any case, if it is detected by the Responsible party having received a payment in error, it will be immediately reimbursed in the way in which the payment had been made.
Once the payment for the consultation reservation has been made, article 103.a) of the LGDCU (RDL 1/2007, of November 16) applies, by virtue of which, with the contracting and payment of the reservation, it will be understood that it has been fully executed. Based on this, the patient expressly consents and is aware that once the contract has been fully executed, he will have lost his right of withdrawal with respect to it, without the possibility of refunding the price. However, in the event that the patient does not use the service after payment, they may reuse it within 60 days from the date of the appointment or unused treatment. In any case, on a voluntary basis and only in the cases that it deems appropriate according to its own criteria, the Responsible Party may proceed to reimburse the payment or to the extension of said term.
5.1.- Purchases through iTunes, Google Play:
Only possible through the use of the Google Play web application “Allergy Doctor”
5.2.- Purchases via bank transfer:
Payment by bank transfer will be accepted with the following information:
User: Tito Rodríguez Bouza
Concept: Allergy Consultation
The User must deliver an electronic copy of the proof of payment to the email email@example.com, a photograph of the payment being valid.
5.3.- Purchases through Cryptocurrencies:cryptocurrency:
5.3.1.- Payment through cryptocurrencies: will be accepted in Bitcon, Ethereum, Ripple, Stellar, Theter. For other currencies you must obtain the prior permission of the Responsible. The exchange rates will be obtained from the website https://coinmarketcap.com/ or in the event that said website is not available, from the website that the Controller communicates by email to the User. The receipts and invoices will be delivered in Euros indicating the amount of cryptocurrencies.
- Protection of personal data:
The use of this Website is governed by the provisions of our Privacy and Cookies Policy, which is incorporated into these Terms and Conditions.
7.1.- Previous Terms and Conditions:
In the event of any conflict between these Terms and Conditions and any previous version thereof, and unless otherwise indicated, the provisions of these Terms shall prevail and Terms.
All notifications and communications addressed to the Responsible Party will be made by email to firstname.lastname@example.org or by ordinary mail to Calle Hermosilla 48 1D, 28001, Madrid. Spain. These notifications will be considered received once three (3) days have elapsed from the issuance of the same by ordinary mail or on the same day of their dispatch when the email message is received in full on one business day, and on the next business day. when the same had been sent on a weekend or officially non-business day.
7.5.- Use of “cookie” technology
7.4.- Force Majeure:
Any possible delay or lack of execution of The Responsible of these Conditions will not be considered as non-compliance and will be excused to the extent that it has been caused by any fact beyond the reasonable control of The Responsible including , without exhaustive character, fortuitous events, power cuts, natural disasters, closings of the air space and restrictions of the public Authority, adverse or bad weather conditions, strikes, disturbances of public order or threats of disturbances of the same and war or threat of war.
7.5.-Modification of these Conditions
The Responsible reserves the right to occasionally introduce modifications in these Conditions when he deems it convenient, or as may be required by law. The modifications will be published immediately on the Web or in the Application and it will be understood that the User has accepted the conditions thus modified at the time they first use the Web and / or Application after the corresponding modification. In the event that substantive changes are introduced in these Conditions, the Responsible will make reasonable efforts to report the changes made, although it is the responsibility of the User to periodically verify the existence of updates to these Conditions. Each version of these Terms and Conditions will have an effective date from which they will take effect and that is stated in the heading of the Conditions. Unless otherwise indicated, the Conditions currently in force apply to the use that the User makes of both the Web and the Application.
7.6.- Jurisdiction and Applicable Law:
The litigation issues that may arise from the application, compliance, non-compliance or interpretation of these Conditions, as well as the relationship between the User and the Responsible will be governed in accordance with Spanish legislation. Both the Controller and the users, expressly waiving any other jurisdiction that may correspond to them, agree to expressly submit to the exclusive jurisdiction of the Courts and Tribunals of the city of Madrid. In the event that the user is domiciled outside of Spain, the Data Controller and the user submit, expressly waiving any other jurisdiction, to the courts of the City of Madrid.
You can request a complaint form in any of the representative’s contact information. In addition to said claim sheet, we will provide you with the links to make such a claim online.