Rules for Use of Wellness City´s Website and Platform
Welcome to the website of “WELLNESS CITY NETWORK SOCIEDAD ANONIMA DE CAPITAL VARIABLE” at https://wellnesscity.mx/. Read these terms thoroughly before contracting any service through our website and/or before contracting any of our services directly and making use of our services in general. Upon using this website or contracting our services, it shall be assumed that you have read and consented these terms and conditions. Upon using this website electronically or any of our services, the User acknowledges that he has read and accepted to be subject to these terms and conditions in all their scope and legal reach.
The following terms and conditions for the use of the website (the “Usage Rules”) are applicable to all the websites of https://wellnesscity.mx/ (the “Website”), as property of “WELLNESS CITY NETWORK SOCIEDAD ANONIMA DE CAPITAL VARIABLE” (“Wellness City”).
For purposes of these Usage Rules of the Website, a user shall be: (i) the public in general and/or (ii) the client of Wellness City that has programmed an appointment through our Website and/or before contracting any service directly at our branch offices and making use of our services on the Website or any of our branch offices, if applicable (the “User”). The User hereby accepts fully and unconditionally both the Usage Rules of the Website, as well as the Privacy Notice (jointly, the “Legal Notice”), published at our Website. Wellness City reserves the right to update or revise these terms and conditions without prior notice and without the need of prior authorization by any third party; please review these terms and conditions after the publication of any changes. The continuous use of this website after the publication of any change to these terms and conditions indicates that the User accepts such changes.
Wellness City is a Mexican company that offers a service of medical concierge or medical tourism in Monterrey, consisting of a medical consulting services through a digital platform by means of which the User has contact with Wellness City, and through which he contracts and consumes services. Such services do not include services for direct medical attention under the applicable normativity and legislation in Mexico on health matters, but exclusively as an intermediary concierge by means of use of technology between the User and the physician(s) that ultimately may attend him, as well as the other necessary services to attend the experience of medical tourism of the User (i.e. logistics, logistics, accommodation, etc.) (the “Services”). Wellness City has no commitment with any political or governmental organization.
The material contained on the Website is for informational purposes with regard to the services offered. These Usage Rules govern the usage of the Website, as well as any other technology that in such case may be used by Wellness City for the provision of its services to the general market (the “Platform”) and any access thereto constitutes a binding agreement (an “Agreement”) by and between Wellness City and the User. The Legal Notice has a binding effect and is applicable to all Users. If the User does not agree with the Legal Notice, in all or in part, he shall refrain from using, operating, visiting the Website, the Platform and/or contracting the services rendered by Wellness City.
Upon using the Website, the Platform and/or inducing the electronic use or through any other means, the User hereby indicates his acceptance and he:
Description of the Services
In general terms, and notwithstanding any applicable provision in more detail whether on substance or procedure, which may be implemented through the Website or the Platform, the Services consist in the following:
Wellness City´s Medical Specialties
– Ophthalmology (retina and vitreous, glaucoma, cataract, strabismus, oncological ophthalmology and anterior segment);
– Plastic, Aesthetic and Reconstructive surgery;
– Otorhinolaryngology (sleep disorder, head and neck surgery, cochlear implants, nose and larynx surgery);
– Obesity surgery (gastric band, gastric balloon, bypass);
– Oncological surgery;
– Medical oncology;
– Urology gynecology;
– Urology and laparoscopy;
– Reconstructive urology;
– Traumatology and Orthopedics (hip replacement, superior and inferior extremities);
– Neurosurgery (skull base, spine and oncological surgery);
– General and laparoscopy surgery;
– Hepatobiliary, pancreatic and transplant surgery;
– Anesthesiology and Pain Medicine; and
Channels and Security Filters
No patient shall receive attention before analysis of his case by all security filters that Wellness City at its sole discretion may determine, and if the information provided by the User is trustworthy and safe, as determined by Wellness City at its sole discretion. Since a User creates a login on the Website or the Platform, the security team of Wellness City shall filter him with the purpose of safeguarding the integrity of its personnel, agents, partners or shareholders, directors, employees and specialist physicians involved in the provision of the Services.
To use the services offered on the Website, it is possible that an account and password may be required. You are solely responsible to maintain the confidentiality of the information related to your account, including the password, and any and all other activity that may occur in your account resulting from your lack of maintaining the confidentiality and security of such information. You hereby accept to inform Wellness City immediately upon any illegitimate use of your account or password, or upon the occurrence of any problem related to security. It is possible that you may be legally liable for losses caused to Wellness City or any other user or visitor of the Website for the use of your account or password by the other person, as a result of your lack of confidentiality and security of the information related to the account.
You may not use your account or password, or the account of another person, without the prior authorization and express consent of the holder of such account. Wellness City shall not be liable for any loss or damage caused by the breach of these obligations.
The user hereby accepts to comply with all the relevant laws, municipal, state, national and international, as well as regulations, norms and rules, and shall be solely responsible for all actions or omissions that may occur as consequence of the use or access to the Website or the Platform, including without limitation, the content of his transmissions through or towards the Website or the Platform. Notwithstanding the generality of the foregoing, the User hereby agrees to refrain from the following:
– Use the Website or the Platform in relation to the commission of patrimonial criminal activities or of any other kind, particularly on antimony laundering and anticorruption matters.
– Use the Website or the Platform in relation to chain letters, email advertising, email spam, or any unwanted duplicate or messages, or commercial or of any other kind.
– Collect, compile or disseminate information about third parties, including the email addresses or personal information, without consent of the holder of the information.
– Create a false identity or false email address or header, or try in any way to deceive other people about the identity of the issuer or the origin of a message.
– Transmit through or towards the Website or the Platform illegal, hostile, defamatory, abusive, threatening, damaging, vulgar, obscene, offensive or censurable material.
– Transmit any material that may violate intellectual property rights or other third party rights, including without limitation, commercial trademarks, commercial secrets or copyrights.
– Transmit any material that may contain virus, trojan horses, worms, time bombs, cancellation programs, or any other damaging or harmful program.
– Use the Website or the Platform to violate any relevant law that restricts the exportation or importation of information, software or any other type of content.
– Interfere with, or disrupt, the functioning of the networks connected to the websites of Wellness City or violate norms, policies, rules or procedures of such networks.
– Obtain or try to obtain unauthorized access to the Website or the Platform and the websites of Wellness City or other accounts, computer systems or networks connected to the websites of Wellness City or the Platform, through the search or illegal obtention of passwords or by any other means.
– Interfere with the use of the Website or the Platform by any third party.
– Use the Website or the Platform in any unethical way.
– Use the Website or the Platform to promote businesses for the benefit of any competing company or services.
– Use any kind of deep-link, page scrap, robot, spider, or other automatic devices, programs, algorithms or methodologies, or similar or equivalent manual processes to acquire, copy or supervise any part of the Website, or to access them, or reproduce or avoid the navigation or presentation structure of the Website, with the purpose of obtaining or trying to obtain materials, documents or information by any means not voluntarily available through the same.
– Export, analyze or evaluate the vulnerability of the Website or any network connected thereto, as well as to breach any security or authentication measures therefrom or from any network connected thereto.
It is strictly prohibited to: (i) use the Website and/or the Platform and/or the Services for illegal purposes, or immoral, obscene or prohibited by customs and applicable legislation and/or the Legal Notice; (ii) provoke modifications, alterations and/or suppressions, carried out by electronic means or in any other way, using licit or illicit resources, which may interfere in the administration or operation of the Website and/or the Platform and/or the Services rendered by Wellness City.
The User shall be liable for any damages caused to Wellness City derived from his actions or those of his officers, employees, agents, depending third parties, personnel and/or associated individuals or entities, whether subsidiary and/or affiliate.
Users and Privacy
For the User to be able to contact Wellness City to program appointments, consultations and questions, as well as other options within the Website or the Platform, he may do so through the contacts made available on the Website or by having a User account on the Platform. Upon solving any questions or consultation, it is possible that the User may be asked to provide personal information. The policies for collection and use of information by Wellness City with respect to privacy of such information are contained in the Legal Notice, which is deemed incorporated herein by reference for all purposes and may be consulted through the Website. It is the responsibility of the User to provide precise, complete, true and updated information. The User, through the use of the Website and/or the Platform, hereby agrees with the provisions set forth in the Legal Notice, including the content of the Privacy Notice, and hereby agrees to maintain an update as soon as practicable of any change in the information provided.
Payment, Cancellations and Reimbursements, Re-programming
The Services rendered are personal and untransferable, and may only be used by the contracting User. The User hereby agrees to comply with the payment terms set forth in his respective services agreement.
All holders of a credit or debit card are subject to verifications and authorizations by the issuer of the card. Upon voluntary provision by the User of information about his credit or debit card to contract the Services, the User hereby consents its use for the corresponding charge, and hereby confirms that the card belongs to him and that it has sufficient funds or available credit to cover the charges.
The payment platforms are independent from Wellness City and their purpose is to facilitate a safe and agile transaction for the Users. Any consultation or occurrence about such payment system shall be addresses directly to the applicable payment platforms used on the Website or Platform, and in no event shall Wellness City assume any liability or responsibility derived from the functioning or use of payment platforms.
The Services of Wellness City are designed for Users who are of legal age, or who have the sufficient legal capacity to acquire obligations, or on behalf of minors by the holder of their legal tutor, pursuant to the applicable legislation, which shall be duly verified through unquestionable means. The Users shall suspend the use of the Website or the Platform immediately if they do not agree or do not accept the totality of these Usage Rules or the content of the Legal Notice. Wellness City hereby reserves the right to eliminate or prohibit any User the use of the Website or the Platform at its sole discretion when deemed justified, based on the content of these Usage Rules, the Legal Notice and the services agreement related to the Services contracted.
Upon contracting the Services directly, the User hereby agrees to pay Wellness City the tariffs set forth on the Website or the Platform for the Services contracted, or those set forth through the Website or the Platform. Wellness City hereby reserves the right to update such tariffs at any time, at its sole discretion. The payment shall be charged at the time of contracting the Services. Upon acceptance of these terms and Usage Rules, the User hereby authorizes Wellness City to carry out the payment automatically to the credit or debit card, PayPal account, or any other form of payment.
The cancellations shall only apply if requested 24 hours before the programmed time and date for the contracted Services. In the event of cancellation no reimbursement shall apply, but the User may re-program the corresponding appointment, so long as it is done with no less than 24 hours of anticipation. For purposes of cancellation notices, business days shall apply.
Cancellations shall only apply for Services previously contracted so long as 1) the cancellation is made with no less than 24 hours of anticipation, and 2) the provision of the Service has not commenced. In the event of cancellation of a payment or request for reimbursement, Wellness City hereby reserves the right to request the corresponding information about the operation of the User to confirm his intent. The cancellation and reimbursement policies correspond solely and exclusively to Wellness City, including the term deemed reasonable to carry out the corresponding reimbursement.
Re-programming shall only apply for Services previously contracted so long as 1) the re-programming is made with no less than 24 hours of anticipation, and 2) the contracted Service not commenced. In the event of re-programming of a contracted Service, Wellness City hereby reserves the right to request the information corresponding to the operation from the User to confirm his intent. The Services re-programming policies correspond solely and exclusively to Wellness City, including the term deemed reasonable to carry out the corresponding re-programming.
Once any Service has been contracted, in the event of videoconference appointments, the User shall have a 15 minute tolerance margin. Alternatively, if the User does not commence the videoconference within the 15 minute tolerance margin, after the assigned time, the corresponding appointment shall be lost without any reimbursement and without any liability or responsibility for Wellness City.
Ownership Rights over the Content of the Website and Platform
Wellness City is the holder and is the exclusive owner of the rights granted by the laws in force and/or international treaties related to intellectual property, for all trademarks, slogans, software and computer programs in general, and other elements susceptible of legal protection pursuant to the Industrial Property Law and the Copyright Law, in relation to the Website and the Platform, by means of which it promotes, commercializes and renders its Services, including without limitation: (i) the industrial property over trademark registries and slogans granted by the Mexican Industrial Property Institute; (ii) all texts, graphic elements, user interfaces, visual interfaces, photographs, logos, sounds, music, designs and codes, including design, structure, selection, coordination, expression, appearance and disposition of such elements; (iii) the copyrights with respect to the computer program(s), software developments, system(s) or derivations granted by the National Copyright Institute; and (iv) all developments, know how, distinctive elements and/or assets or rights that may correspond on intellectual property matters by right (the “Intellectual Property”).
Wellness City does not grant any license or authorization for use of any kind over the Intellectual Property, for which the User expressly acknowledges that: (i) he does not have any right over the Intellectual Property, for which he agrees to respect at all times the rights held by Wellness City thereto; (ii) he shall not modify, alter, suppress, copy or reproduce, whether in whole or in part, including without limitation, the informational content generated by Wellness City, the Intellectual Property and/or any indication contained on the Website or the Platform.
The providers of wireless telephone services of the Users, the suppliers and sellers of the devices that the User may use or by which he may access the Website or the Platform, the creator of the operative system of the Users and the operator of any applications or similar services store by which the User may access the Website or the Platform and carry out transactions (the “Third Parties”) are not part these Usage Rules or of Wellness City, and are not the owners and they are not responsible for the Website or the Platform. Therefore, Wellness City is not and shall not be liable for any operative detail that depends on Third Parties and that may affect the provision of the Services through the Website or the Platform. The Third Parties do not provide any warranty in relation to the Website or the Platform, and Wellness City does not grant any warranty in relation to the services rendered by Third Parties.
The Website and/or the Platform, and the transactional means used therein, have been created for the most recent version available on the internet operative systems market of the Users and incompatibility inconveniencies may occur when using prior versions. The coverage of the wireless network and the Wi-Fi network speed may vary according to the provider and geographic location. Wellness City shall not be liable for the limitations and/or failures in the functioning of any wireless services or Wi-Fi used to access the Website or the Platform or for the security of the wireless services or Wi-Fi. Additionally, Wellness City shall not be liable for charges or tariffs for data use, which shall be exclusively borne by the User.
Content Provided by the User
Upon publishing or sending content to the Website or the Platform, the User hereby automatically grants Wellness City the right to use, reproduce, present, disclose, adapt, modify, distribute or promote the content in any form and for any purpose, pursuant to the provisions set forth in the Usage Rules and the Legal Notice. Additionally, the User hereby accepts and warranties that he has the necessary property rights for such content or control over such content and that the publication and use of the content by Wellness City does not violate or breach the rights of any third party, and does not constitute a criminal activity. The User hereby accepts and confirms that he is responsible for all content published or sent through the Website or the Platform. In such cases, the User hereby agrees to: (i) grant Wellness City an authorization for use, gratuitous and non-exclusive, over the shared information; and (ii) save and hold Wellness City harmless, and/or its affiliates, from any action, lawsuit or claim for any violation of intellectual property derived from the use of shared information that the User may send to Wellness City.
Access Suspension or Denial
Wellness City may, without prior notice, suspend, disconnect, deny or restrict its access: (a) during a technical failure of the Website or the Platform, or during the modification or maintenance thereof; (b) if the User uses the sites and facilities of Wellness City in such a way that infringes these Usage Rules or the respective services agreement; or (c) if the User does, or does not do, something that in the opinion of Wellness City may consequently result in danger for the functioning or the integrity of the facilities of any branch offices, employees, clients, the Website or the Platform of Wellness City.
Exclusion of Warranties and Limitation of Civil Liability
It is possible that the Website or the Platform of Wellness City may contain links to third party sites, resources or sponsors. The existence of links to and from the Website or the Platform to third party sites does not constitute a sponsorship by Wellness City of any site, resource, sponsor or content by third parties and Wellness City does not accept any liability, directly or indirectly, for any of such sites, resources, sponsors or content.
Wellness City makes no representation whatsoever and does not approve the precision or reliability of any advice, opinion, statement or any other information presented or distributed through the Website or the Platform. The User hereby accepts that, upon relying on any such opinions, advices, statements or information, he does so at his own risk.
Wellness City and its partners/shareholders shall not be liable for, and do not offer any warranty of any kind, with respect to: (1) the content of the Website and the Platform; (2) the materials, software, functions and information which may be accessed by means of the software used on the Website and the Platform or to which access may be granted thereby; (3) all product or service by third parties or links to third parties on the Website and the Platform; (4) any violation to security associated with the transmission of sensitive information through the Website and the Platform or any linked website; or (5) any Service rendered by a specialist physician that is contracted through the Website or the Platform, it being expressly acknowledged that the medical service rendered by a specialist physician to a User does not form part of Wellness City´s Services, and therefore Wellness City shall have no liability whatsoever before a User of patient therefor.
Wellness City and its partners, shareholders, directors, employees, personnel, advisors and agents do not grant any implicit or explicit warranty, including without limitation, those for non-contravention or violation of laws and regulations, merchantability and suitability for a specific purpose. Wellness City does not warranty that the functions contained on the Website and the Platform or any material contained therein are free from interruptions or errors, that all defects shall be corrected, or that the Website and the Platform or the server in which they function are free from viruses or other detrimental components. Wellness City does not accept any liability for damages (including without limitation, indirect, special, consequential or direct losses or damages) that result from the use of the Website and the Platform, regardless of the fact that these may occur as consequence of any negligence or omission. If any law, norm or decision implies that any term or warranty cannot be excluded, the sole liability of Wellness City shall be, in the case of the Services, that of rendering the previously contracted services again.
Wellness City may offer its members tools to carry out transactions or interact in any other way with third parties, including individuals. The members shall take all appropriate measures to supply information to such third parties or in interactions of another kind with such third parties. All the contacts and interactions between the User and third parties are made at their own risk, and Wellness City shall not be liable in such contacts or interactions.
By means of this instrument, the User hereby accepts to indemnify, defend and hold Wellness City safe and harmless, and all its affiliate and subsidiary entities, affiliates, representatives, agents, advisors, managers, directors, owners, employees, collaborators, suppliers of information, partners, concessionaires and licensees (collectively, the “Indemnified Parties”) for any liability and cost incurred by the Indemnified Parties in relation to any claim related to any breach of this agreement committed by the User, all unauthorized use of the content of the Website or the Platform or any violations committed by the User to the preceding representations, warranties or clauses, including without limitation, reasonable attorney´s fees and expenses. The user shall fully cooperate as reasonably required in the defense of any such claim. Indemnified Parties hereby reserves the right, on its own behalf, to assume the exclusive defense and control of any matter that may otherwise be subject to indemnification by it and the User shall in no case solve any matter without the written consent by Wellness City.
Modifications to the Website or the Platform
Wellness City may at any time and when deemed convenient, without the need of prior notice to the User, carry out corrections, additions, improvements or modifications, eliminate, suppress the content, presentation, information, services, areas, databases and other elements of the Website or the Platform, in whole or in part, without it resulting in any claim or indemnification, and without it implying an acknowledgement of any liability in favor of the User.
Such changes or modifications shall enter into force at the moment they are updated in the application, without the need of prior notice to the User. Wellness City recommends the User the constant review of these Terms and Conditions for use.
Wellness City hereby reserves the right to terminate the application or eliminate any of its sections or contents, at any time, at its sole discretion and without requiring any authorization or notification from the User.
Applicable Law and Competent Courts
This agreement, the Usage Rules, and all matters related thereto or that may be related to the foregoing, shall be governed by the laws of Mexico, before the competent federal courts located in the City of Monterrey, Nuevo Leon.