Terms and Conditions of Use of Costamed Website

The following terms of use (TERMS OF USE) establish the agreement between COSTAMED and any COSTAMED WEBSITE user, whose electronic address is https://www.costamed.com.mx/ (the COSTAMED WEBSITE). Use of the COSTAMED WEBSITE by any person, gives that person the status of a user (the USER) hence implying his/her full and unconditional adherence to these TERMS OF USE. Therefore, it is essential that the USER reads and evaluates the Terms carefully beforehand, so that he/she may be aware that he/she is subject to them as well as to the amendments thereof every time he/she logs COSTAMED WEBSITE.

If at any time the USER would not agree, in whole or in part, to these TERMS OF USE, he/she must immediately abstain from using any part or sections of the COSTAMED WEBSITE. The USER agrees that several parts of the COSTAMED WEBSITE may have special stipulations which, as applicable, will replace, complement and/or modify the TERMS OF USE (the PARTICULAR CONDITIONS); for this reason it is also of essence that the USER reads them in each case and if he/she does not wholly or partially agree with it or them, then he/she should refrain from using the part or section of the COSTAMED WEBSITE regulated under that CONDITION or PARTICULAR CONDITION(S). In the event that the USER uses the part of the COSTAMED WEBSITE regulated by one or more PARTICULAR CONDITIONS, it will be construed that it conforms totally and unconditionally to them.

Login and Use of Costamed Website

Login and use of COSTAMED WEBSITE by COSTAMED is free for the USERS.

The USER has the obligation to sign up for or enroll in COSTAMED WEBSITE only when specifically required to do so.

Purpose

Through the COSTAMED WEBSITE, COSTAMED enables USERS’ access to diverse information provided by COSTAMED or by people directly or indirectly linked to said information (the CONTENTS). The USER acknowledges that use of the COSTAMED WEBSITE does not imply ownership rights thereto, nor over its elements or CONTENTS.

COSTAMED reserves the right to modify, at any time and without prior notice, the presentation, settings, information, CONTENTS and, in general, any part or aspect directly or indirectly related to the COSTAMED WEBSITE.

Obligation to Correctly Use Costamed’s Website and Contents

The USER is obliged to use the COSTAMED WEBSITE and Contents in accordance with the applicable laws, with the provisions in these TERMS OF USE and respecting public order. The USER has the obligation to use the COSTAMED WEBSITE and any CONTENT or aspect related thereto, in a manner that does not harm COSTAMED’S rights or interests or those of people directly or indirectly linked or those of third parties.

The USER will use the COSTAMED WEBSITE and/or CONTENTS in a way that does not totally or partially damage, disable, render useless, disrupt or impairs them.

Resources to Obtain Contents

The USER must abstain from getting hold of or try to obtain information, messages, graphics, drawings, sound and/or image files, photographs, recordings, software as well as COSTAMED logos and, in general, any kind of material accessible through COSAMED WEBSITE or the CONTENTS. CONTENTS and elements in the COSTAMED WEBSITE may be used only through means or procedures established and indicated therein.

Correct Use of the Contents

The USER accepts to use the CONTENTS and elements used in the COSTAMED WEBSITE diligently, correctly and lawfully and, particularly, must abstain from:

  1. a) Using the CONTENTS in a way, for purposes or effects contrary to law, to public order, and in adherence to the provisions of COSTAMED for the use of this COSTAMED WEBSITE.
  2. b) Copying, spreading, modifying, reproducing, distributing or using the CONTENTS, in whatsoever manner, for profit or non-profit purposes as well as COSTAMED’S WEBSITE, unless COSTAMED has given its express written authorization.
  3. c) Modify or manipulate COSTAMED’S trademarks, logos, trade notices, trade names and brand identification, in general, and of COSTAMED WEBSITE or of persons directly or indirectly linked to COSTAMED (unless otherwise agreed to by written authorization.).
  4. d) Cut out, circumvent or modify the CONTENTS and elements used in the COSTAMED WEBSITE, as well as technical protection devices or any mechanism or procedure established in the COSTAMED WEBSITE. COSTAMED declares that all CONTENTS and elements used in the COSTAMED WEBSITE are duly registered and protected under the appropriate authorities and laws in Mexico.
  5. e) The USER must respect all intellectual property rights of the CONTENTS and of the elements used in the COSTAMED WEBSITE owned by COSTAMED.
Medical and Health Content

The medical and health CONTENTS provided by COSTAMED are for general health information and should not be used as a substitute for treatment, diagnosis and/or medical advice. The USER must clarify all medical or health questions with his/her attending physician. COSTAMED assumes no responsibility for risks that could be caused by the information contained in the COSTAMED WEBSITE. The USER must take into account that the information in the COSTAMED WEBSIDE is updated from time to time and may not have the most up-to-date medical and health information.

The use of the COSTAMENT WEBSITE does not create a relationship between the doctor and the patient, and therefore, COSTAMED does not have the obligation to follow-up on USERS.

Use of the Costamed Website and Contents Under the Sole Responsibility of the User

Simply by login COSTAMED WEBSITE, the USER acknowledges and accepts that its use as well as that of the CONTENTS, is the USER’S exclusive and strict responsibility, therefore COSTAMED at no time and under no circumstance will be responsible for flaws or problems in the computer equipment (hardware) or programs (software) the USER could use to login or browse the COSTAMED WEBSITE.

Exclusion of Warranties and Liability

Exclusion of Warranties and Responsibility for the Operation of the COSTAMED WEBSITE and the CONTENTS, viruses and other harmful elements. COSTAMED does not control nor does it warrant absence of viruses in the CONTENTS, or absence of other elements in the CONTENTS which could cause alterations in USER’S computer system (software and/or hardware) or in electronic documents or files stored in the USER’S computer.

Access Denial and Removal from Costamed’s Webpage and/or Contents

At any moment and without previous notice, at its own discretion or at the request of any person, Costamed reserves the right to deny or remove access to COSTAMED’S WEBPAGE and/or the CONTENTS to any USER, for whatsoever reason, including without limitation USERS who misuse COSTAMED WEBSITE, any of its parts or sections or the CONTENTS, or who wholly or partially breach these TERMS OF USE or applicable PARTICULAR CONDITIONS.

Term and Termination

The term of the COSTAMED WEBSITE and the CONTENTS is unlimited . However, without previous notice, COSTAMED at any moment could terminate, suspend or interrupt the COSTAMED WEBSITE and/or any of the CONTENTS.

Obligation to Observe the Instructions

The USER has the obligation to follow, to the letter, all instruction given by COSTAMED’S authorized staff related to the COSTAMED WEBSITE, regarding any mechanism or procedure which has been established for the use of COSTAMED WEBSITE and CONTENTS. The USER must follow only COSTAMED’S instructions

Liability for Damages

The USER is responsible for damage and/or harm of whatsoever nature caused due to non-compliance of these TERMS OF USE or any applicable regulations, therefore holds COSTAMED harmless from any liability whether civil, criminal, administrative or any other. Notwithstanding the provisions set forth in the preceding paragraph, should COSTAMED be penalized or adjudged by a competent authority in any related civil, criminal, administrative liability proceedings or of any other sort, the liable USER will be notified and must pay COSTAMED the expenses, fees and all other expenses incurred, within 15 calendar days following notice. In the event of late payment as per the indicated term, the USER must pay COSTAMED a contractual penalty equal to the principal.

Personal Data

In order to be able to use or be entitled to use some CONTENTS, the USER must provide COSTAMED certain personal data (PERSONAL DATA) which COSTAMED may manage automatically or not. When the USER logs COSTAMED WEBPAGE or any of the CONTENTS where PERSONAL DATA is required, he/she is authorizing COSTAMED to perform evaluations and research based on them.

The USER has the obligation to provide true and reliable PERSONAL DATA and, should the USER not wish to provide that information in places required by COSTAMED WEBPAGE, the USER must then refrain from using the site or those sections or parts of the COSTAMED WEBPAGE. If the USER provides false or confusing information, COSTAMED may deny access to COSTAMED WEBSITE and to the CONTENTS therein, without prejudice to claim compensation as applicable.

By providing PERSONAL DATA in the COSTAMED WEBSITE, the USER is authorizing COSTAMED to disclose the respective information to any competent authority, should it be requested through the proper legal processes. COSTAMED will not share any personal information that has been provided, with third parties unless required to provide a service or a product requested by the USER.

License

COSTAMED authorizes the USER to use the COSTAMED WEBSITE exclusively in accordance with the TERMS AND CONDITIONS expressed herein, without implying that the USER has been granted a license or authorization or any kind or rights other than the aforementioned use of COSTAMED’S “Intellectual Property”. “Intellectual Property” is to be understood as all trademarks and/or used by COSTAMED in Mexico or abroad, as well as all rights to inventions (patented or not), industrial designs, utility models, confidential information, business names, commercial notices, reservation of rights, domains, as well as any other kind of proprietary rights over works and creations protected by copyrights, in addition to other forms of industrial or intellectual property recognized or that become recognized by the respective laws.

Other Provisions

Form. The USER agrees that a printed version of these TERMS AND CONDITIONS, of any communication delivered and/or received electronically will be admissible as evidence in any judicial and/or administrative proceedings.

Applicable Law and Jurisdiction. In all matters regarding interpretation and enforcement of the provisions herein, by simply accessing the CONSTAMED WEBSITE, USERS agree to submit themselves to the applicable laws and jurisdiction of the competent courts in Mexico, waiving any other venue that by reason or their present or future domiciles, or any other reason, they could be entitled.

Unenforceable Provisions

In the event that a TERM AND CONDITION herein provided would be rendered unenforceable or be declared null and void as per the applicable law, this provision will be replaced by a valid term or condition that in a more strict manner may meet the provision that has been rendered unenforceable or null and void. All other terms and condition will remain in full force and effect.

Rights

Any right not expressly granted in this document is to be construed as reserved to COSTAMED.