Legal statement

LEGAL NOTICE – TERMS OF USE

OWNER

In compliance with the content of Law 34/2002 on Information Society Services and Electronic Commerce, we inform you that this website is owned by Vithas Sanidad, S.L. (hereafter, VITHAS), with registered office at C/Arturo Soria 107, 28043 Madrid (Spain), CIF tax identification number B-18007203 and registered in the Commercial Register of Madrid, volume 13222, page 46, sheet M-214085.

You can contact us by phoning 91 590 52 52 or sending an email to comunicacion@vithas.es.

PURPOSE

Through the website http://www.vithas.es (hereafter the Website) visitors and users are provided information on the medical and professional healthcare services of the Hospital Group, as well as pertinent, objective, reliable and up to date information on health issues, of practical interest for patients or users.
Any type of information published on this Website has been published to complement, not replace, the relationship between a patient/user of this website and their doctor.

In any case, the Website will contain elements and sections developed directly by VITHAS and other elements such as access to social networks (Facebook, Twitter, etc.), third party platforms (for example, YouTube) or links to pages outwith VITHAS, which despite being related with the brand, will be managed and developed by these third parties.

CONDITIONS OF ACCESS AND USE

By accessing and using the Website, it will be understood that the user expressly states their acceptance of the content and each and every one of these Conditions in the version published on the Website at the time of access.

Please first read the Conditions of the Website, and in the case of not agreeing with them, do not access or make use of it.

Additionally, the participation in any of the promotional actions contained on the Website will entail the user’s acceptance of these general terms and conditions as well as any other specific conditions which may exist and be determined.

The user recognises and accepts that certain actions may be carried out by third parties (VITHAS collaborators), and therefore in the case of participating in them, they must read and if applicable accept the conditions which apply to them which have been determined by the specific responsible party.

The Website is accessed under the sole and exclusive responsibility of the user, who will respond in all cases for the liquidated damages that this access may cause.

VITHAS reserves the right to modify the content of these Conditions at any time with the purpose of adapting to operational, technical or legislative changes.

The user is committed to using the Website and the content and services offered on it in accordance with the law, these Conditions, good faith, good customs and public order. Likewise, the user is obligated to not use the Website or the services provided on it for illicit purposes or effects, or which harm the interests or rights of third parties, or which may in any way disable or deteriorate the Website or its services or impede the normal enjoyment of it by other users.

VITHAS may take the corresponding legal actions against users who violate these Conditions.

All information included on the Website is for exclusively informative purposes. The Website is freely accessible and usable.

Access to certain services on the Portal may require the prior registration of users through the creation of an Account which will entail the acceptance of the General Conditions and the VITHAS privacy policy which, indicated if applicable.
It is possible that additional information may be requested to define the User profile in order to offer certain personalised services. In the case of this data not being provided, VITHAS will not deny access to its Website; however, it may not offer services to these users.
In the case of registration, the use of the password is personal and non-transferrable, with even temporary transfer to third parties not being permitted. The user is committed to making diligent use of it and keeping it secret, having to modify it as established on the Website when its improper use is discovered or suspected, and therefore assuming full responsibility for the consequences which may arise due to the communication of this password to third parties.
The user is also committed to not using false identities or impersonating the identity of others in the use of the Portal or the use of any of its services, including the use of third party passwords or access keys or in any other way.

CONTENT OF THE WEBSITE – INTELLECTUAL PROPERTY

All content of the Website, except if otherwise indicated, is owned exclusively by VITHAS or third parties which have authorised its inclusion. Likewise, all commercial names, brands or distinguishing signs of any type contained on the Website will be protected by law, their reproduction, imitation, use or insertion without due authorisation by VITHAS being prohibited.

The user acknowledges that the unauthorised reproduction, distribution, commercialisation or transformation of the indicated elements may constitute a violation of the intellectual and/or industrial property rights of VITHAS or their owners.
The reproduction, transformation, public communication, distribution, making available to the public, and in general any other type of use, by any procedure, of all or part of the content of the Website is therefore prohibited, as well as its design and the form of presentation of the content without the corresponding authorisation of the owner of the rights or unless it is legally permitted or consistent with the nature of the content.

Access to the Website in no case entails the users’ acquisition of any property rights over the content appearing on it.
The user may not use the content offered on the Website for purposes other than those stipulated in these conditions, and if applicable in the specific conditions regulating the use of certain functionalities of it.

LIMITATION OF LIABILITY

A) Liability for health information published on the Website

The content related with health published on the Website clearly identifies the author of the content and/or the healthcare professional who validates it. It also indicates the publication date, indicating the time when it was last reviewed, which must be taken into account as healthcare knowledge changes and increases exponentially over time.
VITHAS dedicates the greatest effort to ensuring that all content is correct and up to date, but it is not possible to guarantee this in all cases, taking into account that medicine is a continuously evolving science.

At VITHAS, we insist that all health information published on this website has the purpose of providing added value, but not replacing the relationship with your doctor; therefore, it must always be agreed upon by your doctor, adapting it to your specific conditions.
VITHAS does not recommend or validate the use of a specific pharmaceutical or certain test or clinical diagnosis. The medical professionals who attend the patient are responsible for diagnosis and prescribing the necessary treatments and pharmaceuticals.

This Website does not intend to cover all possible diagnostic methods, treatments and pharmaceuticals, but only those offered from the different hospitals of the Vithas Group.

B) Liability for use of the Website

The user is solely liable for infractions which may be incurred or damages which may be caused by use of the Website, VITHAS being exonerated from any liability which may be derived from the user’s actions.

The user is solely liable for any judicial or extrajudicial claim or legal action initiated by third parties against VITHAS based on the user’s use of the Website. If applicable, the user will assume any expenses, costs and indemnities suffered by VITHAS due to such claims or legal actions.

C) Liability for operation of the Website.

VITHAS makes the greatest efforts to guarantee that browsing the Website is carried out in the best conditions. Nevertheless, it will be exonerated from any liability which may be derived from interference, omissions, interruptions, computer viruses, telephone faults or disconnections in the operational functioning of the electronic system due to causes outwith VITHAS.

Additionally, VITHAS is also excluded from any liability which may be derived from delays or blockages in the operational functioning of this electronic system caused by faults or overload on telephone lines or the internet, as well as damages caused by third parties through illegitimate interference outwith the control of VITHAS.

D) Liability for links

This Website and/or the different actions carried out on it may incorporate links to other sites or pages owned by YouTube, Twitter or Facebook, these entities being responsible for the content hosted on them.Additionally, the existence of hyperlinks on third party websites allowing access to this Website will in no case imply the existence of a commercial relationship with the owner of the website where the hyperlink is established, or VITHAS’ acceptance of its content or services.

VITHAS accepts no liability with regard to the information found outwith the Website.

VITHAS is exonerated from all liability for the proper operation of these links, the result obtained through these links, the veracity and legality of the content, or information which may be accessed as well as the damages which may arise due to the information on the linked website

E) Liability for advertising

Part of the Website may contain advertising or sponsored content. In this case, the advertisers and sponsors will be solely responsible for ensuring that the material transmitted for inclusion on the Website complies with the laws which may apply in each case. VITHAS will not be liable for any error, inaccuracy or irregularity which the content of advertisers or sponsors may contain.

In any case, to make any claim related with the advertising content on this Website, you can contact VITHAS through any of the channels provided at the start of this document.

F) Liability for forums and blogs
VITHAS may offer users the possibility of posting comments for incorporation in the corresponding sections, whether a forum or blog linked to the Website. The publication of the comments and other content is subject to this Legal Notice. If you do not agree with this, we request that you do not use these services.
Additionally, blogs not linked with VITHAS and the social networks which, if applicable, the user accesses, will be regulated by the privacy policy that these blogs or social networks have implemented, VITHAS not being responsible for the content that may be hosted on them.

The individual identified in each case as having made the comments or included content will be solely responsible for it, as well as ensuring that its inclusion on the Website complies with the laws which may apply in each case. The content included does not reflect the opinion of VITHAS. VITHAS will not be liable for any error, inaccuracy or irregularity which the comments on the forum may contain.

Additionally, VITHAS will not be liable (unless in the cases obligated by Law) for the liquidated damages which may arise from the insertion of the content.
The user supplying the content grants VITHAS the rights to its reproduction, use, distribution, public communication and any type of activity on it, whether in electronic, digital or paper format, or on any other type of device. In particular, the user grants these rights for the publication of the content of the VITHAS website, so that other users may access it.

The supplying user declares that they are the owner of the rights on the texts and content, guaranteeing that they have the necessary rights and authorisations of the author or owner of the text and/or content for its use and exploitation by VITHAS on its Website. In the case of the user not knowing whether they have the rights to grant to VITHAS, no information or material must be published.

VITHAS will not be liable (unless in the cases obligated by Law) for the liquidated damages which may be caused by the use, reproduction, distribution or public communication of the texts and/or content protected by intellectual property rights belonging to third parties, unless the user has previously obtained the necessary authorisation from its owners to carry out the use intended. In this case, the user accepts that they will be solely responsible against any claim by a third party claiming to have rights over the texts and/or content.
Likewise, VITHAS reserves the right to unilaterally remove the comments and/or content hosted on the forum or any other section of the Website when VITHAS deems it appropriate.

VITHAS will not be liable for the information sent by the user when it does not have effective knowledge that the information hosted is illicit or harms the assets or rights of a third party susceptible to compensation. At the time of VITHAS having effective knowledge that data such as the aforementioned is hosted, it commits to acting diligently to remove it or make access to it impossible.

In any case, to make any claim related with the Content published, you can contact VITHAS through any other channels provided at the start of the document.

INTERPRETATION, APPLICABLE LEGISLATION AND JURISDICTION

Any dispute arising from the interpretation or execution of these Terms of Use will be interpreted under Spanish legislation.

These Conditions are written in Spanish. In the case of any discrepancy between the content of the version in Spanish and any of the versions of these Conditions which may be translated, the version in Spanish will take precedence.

Any clause or provision of these Terms of Use which is or which becomes illegal, invalid or unenforceable will be excluded from them and considered inapplicable due to this illegality, invalidity or unenforceability, and will be replaced by another which resembles the previous as closely as possible, but will not affect or harm the remaining provisions, which will be excluded from any illegal, invalid or unenforceable clause and conversely remain in full force and effect.

Likewise, VITHAS and the user, waiving any other jurisdiction, subject themselves to the courts and tribunals of the residence of the user for any dispute which may arise.

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