Terms of Service

Terms of Service (“Terms”) 

Last updated: October 01, 2018

Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using ViewMind’s Medical Software (the “Service”) operated by ViewMind S.A. (“us”, “we” or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.

 

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

 

Links to Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by ViewMind.

ViewMind has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that ViewMind shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

 

Protection of Your Privacy

Our current Privacy Policy is expressly incorporated into these Terms. The Privacy Policy discloses our practices regarding the collection, use and disclosure of your personal information. By agreeing to these Terms, you are also agreeing to the terms of our Privacy Policy and consenting to the use and disclosure of information provided to ViewMind S.A. as set forth herein. For inquiries in regard to the Privacy Policy, or to report a privacy-related problem, please contact info@viewmind.com.ar

By posting, using, and disclosing data, including your individually identifiable health information through User Submissions on or at any of the Sites or otherwise through the Services, you hereby irrevocably and unconditionally acknowledge that all such data is owned by ViewMind S.A., subject to our compliance with the current Privacy Policy and in accordance with applicable data protection laws.

 

Cost of the Services

ViewMind S.A. reserves the right to require payment of fees for certain features of the Service. Should you elect to subscribe to such features, you shall pay all applicable fees. We reserve the right to change its price list and to institute new charges at any time at our sole discretion, upon prior notice to you. Use of the Services by you following such notification constitutes your deemed acceptance of any new or increased charges, unless you specifically reject such features.

 

Miscellaneous

ViewMind S.A. shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). These Terms are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of its rights and obligations hereunder without consent. There are no other third-party beneficiaries to these Terms except, if applicable, a party to an applicable Benefit Agreement. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under these Terms, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under these Terms will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 

Governing Law

These Terms shall be governed and construed in accordance with the laws of Argentina, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

 

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Limitation of Liability

In no event shall ViewMind, nor its directors, employees, agents, partners, suppliers or content providers, be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the services (including, without limitation, any content): (a) for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, exemplary, or consequential damages of any kind whatsoever, substitute goods or services (however arising); (b) for any bugs, viruses, trojan horses, or the like (regardless of the source of origination); (c) for your reliance on the services; or (d) for any direct damages in excess of (in the aggregate) TEN U.S. Dollars ($10.00). Some states or countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you if you reside in such a jurisdiction.

Nothing herein shall limit the potential professional liability of a physician or other licensed health care provider arising from or related to medical services you may receive consequent to the use of the services. We are not liable to any person or user for any harm caused by the negligence or misconduct of any licensed medical professional or any other party.

Notwithstanding the above, ViewMind’s total and cumulative liability, if any, for any claims, causes of action, assertions, or other acts shall not exceed $10.00 for any user, as consideration for the services being provided under these terms for the user.

 

Contact Us

If you have any questions about these Terms, please direct your written concerns to the following address:

Av. Belgrano 758, Sunchales, Santa Fe
Postal Code: 2322
Argentina

and electronically to our e-mail address: info@viewmind.com.ar