Terms and conditions #deliberate
I. PURPOSE.
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DeLiberar allows, according to the addresses and visible links, its Users access and use of various services and content (hereinafter, the "Services") made available by DeLiberar or by third parties, under the conditions indicated here. The purpose of these terms and conditions is to establish and regulate the conditions of access and general use of the WEBSITE, APP or the service provided through the SMS channel (Short Message Service or text messages), hereinafter THE SITE, as well as to the different contents and services provided by DeLiberar or by third parties from and / or through it. In the latter case, when the contents and services are not hosted on THE SITE, DeLiberar is not responsible for them.
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Both the access and the general use of the WEBSITE, APP or the SMS channel attribute the condition of user of the same (hereinafter, the "USER"), implying such access granted to the user necessarily the full and unreserved acceptance of each and every one of the provisions and conditions included in the general terms and conditions of access and use thereof.
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The User is expressly aware and accepts that these conditions may experience variations in the future at the discretion of DeLiberar and without any obligation of prior notice on their part, which will also be visible on THE SITE. As a result of the above, it will be the sole and exclusive responsibility of the User to verify the terms and conditions in force each time they access the SITE or in any way make use of the WEBSITE, APP or using the SMS channel. use of services offered to Users through the WEBSITE, APP or the SMS channel - in particular the access and use of the TRANSACTIONAL ENVIRONMENT or ON-LINE STORE that is part of the WEBSITE - may be subject to conditions and configurations of use and particular access (hereinafter, the "Particular Conditions") that, depending on the case, may substitute, complete and / or modify these general terms and conditions.
II. REGISTRATION AND ACCESS.
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In general, general access to the WEBSITE is free and does not require prior User registration. However, DeLiberar may condition access to certain and specific areas and the use of certain Services upon prior and complete completion of the corresponding User registration form, data filled out by the user that DeLiberar will manage for its purpose and for the purpose of commercial partners. DeLiberar, who are authorized by the user through the complete completion of their registration, in accordance with the provisions of the current regulations on HABEAS DATA in Colombia (Law 1581 of 2012 and regulations that regulate it).
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Likewise, DeLiberar may make certain and certain Services available to Users for whose use and access the User may require the completion of additional registration form and / or satisfaction of certain monetary considerations that will be processed by the User under secure transactional conditions provided by THE WEBSITE, APP or the SMS channel. Where appropriate, said registration will be carried out in the manner expressly indicated in the form and annexes allowed with access to the service itself and / or in the particular conditions that regulate it, visible in the link provided by the same site, data filled out that DeLiberar will administer for its purpose and for the purpose of DeLiberar's commercial allies, in accordance with the provisions of the current HABEAS DATA regulations in Colombia (Law 1581 of 2012 and regulations that regulate it).
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The User guarantees, at the time of registration, the veracity of all the data filled out in the forms on the SITE to which DeLiberar accesses, information and data of which the User is responsible for keeping them completely updated. In any case, the User will be solely responsible for the false or inaccurate statements made by filling out forms on the Site and for the damages caused to DeLiberar and / or third parties due to the false and / or inaccurate information incorporated in the forms with registration.
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DeLiberar reserves the right to deny entry, access and / or registration on the WEBSITE, APP or the SMS channel at any time and without any notice, notification, justification and / or explanation. This refusal will not entail the right to any compensation. The data entered by the user at the time of registration may be used and shared by DeLiberar with its business partners; Likewise, DeLiberar may, from the user's registration and by the sole act of registration, send information from the Site and its commercial allies to the users' emails, always in accordance with the provisions in force in the matter of HABEAS DATA in Colombia (Law 1581 of 2012 and rules that regulate it).
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The DeLiberar site and the sites of its partners are means of access and / or transfer of information of interest to users who freely and under their own responsibility access and / or register according to the parameters and conditions of the site, which is why which the responsibility for the contents and scope of the answers, information, data and in general on the effects of the wording provided by the medical professionals transmitted by the DeLiberar site, is the sole and exclusive responsibility of such health professionals who write such responses, who likewise act at their own risk and expense.
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Once the registration process is satisfactorily completed by the User, DeLiberar may incorporate the User into its database of registered Users, being able to use said database for the development of its object and for the development of the object of its allies according to to the provisions of the current norms regarding HABEAS DATA in Colombia (Law 1581 of 2012 and norms that regulate it). An account will be generated with your email address and associated "access keyword" for each User.
III. COOKIES POLICY.
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Use of 'cookies': The DeLiberar WEBSITE, in accordance with commercial custom and custom incorporated into electronic commerce, uses 'session cookies' in order to allow and facilitate user interaction with the same site. Likewise, the statistics services - own or external - used by the DeLiberar WEBSITE may use 'cookies' in order to establish metrics and patterns of use of the site. The access, use, registration, and, in general, the simple navigation through the WEBSITE of DeLiberar necessarily suppose the consent of the user to the use of "cookies" by DeLiberar and / or its service providers, in accordance with provided in the current norms regarding HABEAS DATA in Colombia (Law 1581 of 2012 and norms that regulate it).
What are cookies? A cookie is a file that is downloaded to your computer when you access certain web pages. Cookies allow a web page, among other things, to store and retrieve information about the browsing habits of a user or their equipment and, depending on the information they contain and the way they use their equipment, they can be used to recognize to user.
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What types of cookies does this website use?
Analysis cookies: They are those that, well treated by us or by third parties, allow us to quantify the number of users and thus carry out the statistical measurement and analysis of the use that users make of the service offered. For this, your browsing on our website is analyzed in order to improve the offer of products or services that we offer you.
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Advertising cookies: These are those that, well treated by us or by third parties, allow us to manage in the most efficient way possible the offer of the advertising spaces on the website, adapting the content of the advertisement to the content of the requested service or use. you make from our website. For this we can analyze your browsing habits on the Internet and we can show you advertising related to your browsing profile.
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You can allow, block or delete the cookies installed on your computer by configuring the browser options installed on your computer. The "Help" function of most browsers indicates how to configure your browser to not accept cookies, to notify you each time you receive a new cookie, as well as to completely disable all cookies. Furthermore, you can disable or delete similar data used by browser add-ons, such as “Flash Cookies”, by changing the settings of these extensions or by visiting the manufacturer's website.
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IV. USER OBLIGATIONS.
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The obligations of the User, without prejudice to those arising from the clauses of this document and those provided by law, will be the following:
Guarantee the veracity and accuracy of the registration data entered in DeLiberar's information systems and carry out as many updates as necessary to efficiently obtain the services offered by the site. In any case, the User will be solely responsible for any false or inaccurate statements made and for the damages caused to DeLiberar or third parties due to the information provided.
Notify DeLiberar immediately any indication of the existence of a violation in the security of the WEBSITE, as well as of inappropriate and / or prohibited uses in accordance with Colombian law, of the services provided from it, or of security failures of any Nature directly or indirectly related to the same services that you access from the site.
Make good use of the contents, information and services provided from or through the WEBSITE, APP or SMS channel, in accordance with Colombian law, good faith and generally accepted good customs, expressly committing to:
Refrain from carrying out practices or uses regarding the services offered by the SITE for illicit, fraudulent purposes, harmful to the rights or interests of DeLiberar or third parties, violators of the rules contained in Colombian law, in this catalog or in the Particular Conditions that, where appropriate, regulate any of the services provided from or through the WEBSITE.
Refrain from taking any type of action that could disable, overload or damage systems, equipment or services of the WEBSITE or accessible directly or indirectly through the WEBSITE or DeLiberar allies.
Respect the copyright and industrial property rights of DeLiberar and third parties on the distinctive signs, content, information and services provided from or through the WEBSITE, generally refraining from reproducing, copying, distributing, reproducing, communicating in any way the same to third parties, or in any way use for their benefit or for the benefit of third parties, provided that there is no express written authorization from DeLiberar or the holders of said rights.
V. INTELLECTUAL PROPERTY.
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WEBSITE: All the software and general contents of the WEBSITE, including: texts, animations, images, etc. as well as the trademarks, trade names and / or distinctive signs displayed or that are displayed as an effect or consequence of links located on the SITE are the property of DeLiberar or third parties that have authorized DeLiberar and are protected by national and international property laws. intellectual.
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Any use other than the public execution of the WEBSITE by DeLiberar, including the reproduction, modification, distribution, transmission, republication, arrangement or representation of any elements thereof is strictly prohibited except with the express written consent of DeLiberar.
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CONTENTS INTRODUCED BY USERS: The user will be solely and exclusively responsible for any content entered or published by the same on the WEBSITE, APP through the SMS channel or on allied sites in any way linked to the SITE and, in particular, in the "QUESTION-ANSWER" section of the same, and will therefore be solely responsible for any consequences that may arise from such publications, expressly exempting DeLiberar from any responsibility in this regard. However, the User authorizes DeLiberar to use the questions asked and sent to the WEBSITE for any purpose related to the purpose of DeLiberar.
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The user undertakes not to include on the WEBSITE and, in particular, in the "BLOG" section thereof, information or content with explicit commercial, xenophobic, political, religious purposes, or in any way that violates the rights of DeLiberar y / or third parties, nor those that could be in any way contrary to the moral or patrimonial rights of the author of DeLiberar and / or third parties, or in violation of the law, good customs and / or these General Terms and Conditions.
The user grants DeLiberar a license of use and irrevocable benefit, worldwide and perpetual (or, failing that, for the entire period of time provided by current national and international legislation), on any information or content entered or published by the same on the WEBSITE and, in particular, in the "QUESTION-ANSWER" section of the same, to reproduce and publicly communicate them, as well as to - where appropriate - add information to them and / or to transform them with the Object to adapt them to the technical and / or commercial needs of the different services provided from and / or through the WEBSITE.
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In relation to the content published on the WEBSITE by the User, and, in particular, in the "BLOG" section thereof, the user guarantees to DeLiberar:
Be the owner and / or holder of the rights that allow DeLiberar to grant the license for its use and / or publication and that, where appropriate, has obtained the consent and authorizations necessary for this from third parties, having in any case provide indemnity to Release in the event that such uses of the User violate the rights of third parties.
That it does NOT violate applicable laws, such as those relating to the right to privacy, image and / or honor, intellectual or industrial property rights or similar, or in general any third party rights, either a natural person or a person. legal.
That in case of publication of personal data of any natural person, they have exhaustively informed and previously obtained the necessary consent for the publication of said data by the affected person / s and / or implicated with such use of information.
The user will respond to DeLiberar for the veracity of the statement, holding DeLiberar harmless from any demand, claim or complaint presented by a third party in relation to any content entered or published by the same on the WEBSITE and, in particular, on the section "BLOG" of the same.
SAW. GUARANTEE.
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Access to the WEBSITE, APP or SMS channel does not imply or in any way derive any type of guarantee and / or result in favor of the User and / or third party, which is not expressly granted and / or granted by DeLiberar, regarding quality , veracity, accuracy, legality, timeliness or validity, as well as the usefulness or suitability for any purpose of whoever accesses them. Both access to the WEBSITE and the use that may be made of the information and content included in it or that is accessible from it, is carried out under the sole responsibility of the User.
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DeLiberar will not respond in any case and to any extent, neither for direct or indirect damages, nor for consequential damages or loss of profits, for any damages derived from the use of the information and contents of the WEBSITE, APP or the SMS channel accessible from or through it.
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DeLiberar DOES NOT guarantee in any way the quality, veracity, accuracy, legality, timeliness or validity, or result, as well as the usefulness or suitability for any purpose of the contents that make up the WEBSITE, APP or the SMS channel. DeLiberar excludes, to the full extent permitted by Law, any liability of any kind for the quality, veracity, accuracy, legality, timeliness, result, validity or usefulness / suitability for any purpose that the User may have attributed or granted for himself or herself or for third parties, to the contents that make up the WEBSITE, APP or the SMS channel.
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The user is aware and accepts with the simple entry, navigation and / or registration on the Site that any content and information of a sanitary and / or health nature contained in the WEBSITE, APP or the SMS channel is merely informative and DOES NOT CONSTITUTE IN NO CASE WILL A DIAGNOSTIC SERVICE, PRESCRIPTION OF TREATMENTS. The user is warned and made aware that the information and / or contents of the WEBSITE, APP or the SMS channel can NOT in any case replace the personal face-to-face consultation in front of a professional and / or duly qualified medical practitioner in accordance with the legislation current Colombian.
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The content exchanged in the BLOG in NO case constitutes a PROFESSIONAL-PATIENT relationship under Colombian law.
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The user declares to understand and accept without reservation of any kind the characteristics and limitations inherent to the information contained in the WEBSITE, APP or the SMS channel. In accordance with the commercial transaction conditions in force in Colombia applicable to the Site, the minimum age for user registration on the WEBSITE, APP or the SMS channel is 18 years old. The use of the WEBSITE, APP or the SMS channel by the user constitutes a declaration on their part that they are -at least- 18 years old. The user guarantees the veracity of said statement and releases DeLiberar from any consequence derived directly or indirectly from the inaccuracy or lack of veracity thereof.
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DeLiberar explicitly declares that the health information provided on the WEBSITE, APP or SMS channel (texts, videos, treatments, tables, graphics, photographs, images, tips, messages and any other material) is for informational purposes only and, in no case In this case, it substitutes professional advice, even in the case of being a professional identified in the WEBSITE, APP or the SMS channel who provides such information, the WEBSITE or APP being a mere and simple intermediary of information. Suggestedly, The User should ALWAYS consult his doctor, psychologist or health professional, speak with him or go to his consultation for any health questions he may have. In no case, the reading of the information released on this WEBSITE, APP or the SMS channel should make and / or in any way determine the idea according to which the direct and personal consultation with a physician should be delayed in accordance with Colombian law, nor ignore their recommendations.
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The WEBSITE may contain links to pages that, even within the WEBSITE, are under the responsibility of third parties. Likewise, the WEBSITE, APP may contain links to external pages. In both cases, DeLiberar cannot control or supervise such content in any way. DeLiberar excludes, to the full extent permitted by law, any liability of any kind, derived from the existence or possibility of access to said content.
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Likewise, DeLiberar will not be responsible in any case, not even indirectly or subsidiary, for products or services provided or offered by other people or entities, or for content, information, communications, opinions or statements of any kind originated or released by third parties. and that are accessible through the DeLiberar Web Pages.
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Security and Privacy: DeLiberar will reasonably use the means at its disposal to provide security systems that reasonably protect its systems and the data contained therein against deliberate attacks, malicious software, etc. However, the User understands and accepts the aspects which involves the provision of services through the Internet given the open, decentralized and global nature of this communications network.
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For this reason, DeLiberar does NOT guarantee the impregnability of its security systems or the privacy of the information housed in them. DeLiberar excludes, to the full extent permitted by law, any liability of any kind for security failures in the WEBSITE, APP or the SMS channel and the consequences that may arise from them.
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Interruptions and / or Suspension of the System: In general, the different services will be available uninterruptedly on the Internet. However, the User declares to know and accept by simply entering, browsing and / or registering on the Site that DeLiberar does NOT guarantee this continuity in any way due to the nature of the medium through which they are provided.
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The User understands and accepts the aspects involved in the provision of services through the Internet given the open, decentralized and global nature of the network.
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Thus, for example, by way of example but not exhaustive, some of the situations that may temporarily interrupt the provision of said services are listed below:
Maintenance tasks on servers and / or data lines
Faults in servers and / or data lines
Deliberate attacks on system security and integrity
Computer viruses or the presence of malicious code on the pages that make up or are accessible from the WEBSITE DeLiberar excludes, to the full extent permitted by law, any liability of any kind derived from the temporary interruption in the availability of the WEBSITE on the network Internet.
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The User declares to know and accept with the simple entry, navigation and / or registration on the Site that DeLiberar may at any time, at its sole discretion and without any obligation of prior notice, definitively suspend the presence of the WEBSITE on the network Internet and therefore the services provided from or through it, without prejudice to what has been provided in this regard in the corresponding Particular Conditions. DeLiberar is exempt from any type of responsibility of any kind derived from the consequences that may occur due to the definitive suspension in the provision of said services.
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The professional user when registering on the platform accepts as a professional that the responses generated on the platform be used by DeLiberar for statistical analysis, research purposes and commercial purposes.
VII. CANCELLATION OF THE USER AND RESPONSIBILITIES.
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Any User may request their withdrawal and / or elimination from the DeLiberar databases, at any time, as a user of the WEBSITE, APP or the SMS channel.
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Release will have a period of thirty (30) days to examine the situation of said User with respect to all the services to which he / she is subscribed to, where appropriate, issue an invoice for all those consumptions, costs, expenses and / or emoluments that upon receipt of the unsubscribe request they are pending collection in favor of DeLiberar. If there is no amount pending settlement and / or collection, the cancellation will take effect immediately. Otherwise, the cancellation will be subject in time and conditions to the effective collection of said amounts by DeLiberar.
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The User is responsible for the proper use of the WEBSITE, APP or the SMS channel and the services contracted from or through it. Any use of the services to the contrary by the User, will entail the immediate exclusion of the WEBSITE, APP or the SMS channel with loss of their status as a registered user of the same, without the right to any compensation and without prejudice to the corresponding legal actions to that on the part of DeLiberar there is a place in accordance with Colombian law or the place in which the user can be acted upon.
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The falsification of personal and / or professional data entered by the User during the registration process on the WEBSITE or in any of the services provided from or through it may lead to the immediate exclusion of the WEBSITE, APP or the SMS channel with loss of your status as a registered user of the same, without the right to any compensation and without prejudice to the corresponding legal actions that may take place on the part of DeLiberar or third parties.
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Any type of action by the user that could put at risk or damage systems, equipment or services directly or indirectly accessible through the SITE, will entail their immediate exclusion from it with loss of their status as a registered user of the same, without the right to compensation any and without prejudice to the corresponding legal actions and claims for damages that DeLiberar may have.
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Any type of action by the user that violates these terms and conditions, the Particular Conditions that could regulate specific Services, the Law or generally accepted good customs in Colombia or in the country in which the user is located, will entail their immediate Exclusion of the WEBSITE, APP or the SMS channel with loss of your status as a registered user of the same, without the right to any compensation and without prejudice to the corresponding legal actions that may take place on the part of DeLiberar.
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The User will be solely responsible for any claim, legal, judicial or extrajudicial action, initiated by third parties both against the User himself and against DeLiberar, based on uses of the services contrary to the law, morality, good faith and the generally accepted good customs.
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Medical users state that the responses generated by them on the platform will remain visible to users of the same so that they continue to consult them even if they are not active and by the mere fact of accepting these terms and conditions they agree to assign all their copyright. about the / their answers.
VIII. NOTIFICATIONS.
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The email provided by the User during the registration process on the WEBSITE will be the one used by DeLiberar for the purpose of notifying the User.
The User is obliged to keep the data that are referenced in this clause duly updated for the purposes of notifications. In the event that DeLiberar in any way detects that the user has been untruthful or incorporates inaccuracies in the registration process to the site, it may immediately and without prior notice remove the user from its databases and / or registration processes. and hosting the site.
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All Notifications made by De-Release the User will be considered validly made if they have been made using the data entered in any way by the user to the site, through the means previously indicated. DeLiberar is not responsible for any damage that may occur due to the User's violation of their obligation to keep their contact information updated.
IX. VALIDITY AND ENTIRE AGREEMENT
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The declaration of nullity or invalidity of any stipulation contained in these terms and conditions will not affect the validity and effectiveness of the other clauses and conditions.
The present terms and conditions of the services provided by DeLiberar through the WEBSITE constitute the entire agreement between the parties, considering themselves to be superior to any prior written or verbal agreement, understanding, affirmation, representation, negotiation or purpose of agreement in relation to this matter, previous.
X. APPLICABLE LEGISLATION AND JURISDICTION.
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These terms and conditions will be governed and interpreted in each and every one of its extremes by Colombian Law. Both DeLiberar and the User undertake to try to amicably resolve any disagreement that may arise in the development of their commercial and / or commercial relations.