REHUB’S GENERAL CONDITIONS OF USE AND CONTRACTING
Bio-Sensing Solutions, S.L. (DyCare)
Address: Av. Meridiana 354, 2CD, 08027, Barcelona
Registration: Registered in the Companies Register of Barcelona under Volume 45087, Folio 42, Sheet B-465593
Spanish corporate tax id. no. CIF: B66508912
Customer service: Monday to Friday from 9:00 to 17:00 (excluding national holidays in Spain)
Email: firstname.lastname@example.org Tel. no.: office + 34 935520029
These General Terms and Conditions of Use and Contracting of ReHub (hereinafter, the «General Terms and Conditions«) regulate the terms and conditions for contracting and using the ReHub services – defined below – offered through the ReHub platform (hereinafter, the «Platform«), owned by the company Bio-Sensing Solutions, S.L. – DYCARE (the «Administrator» or «DYCARE«).
The Platform is a digital space where rehabilitation doctors or physiotherapists, whether self-employed professionals (hereinafter referred to as «Self-Employed Professionals«) or employees (whether by employment or commercial contract) of a medical or functional rehabilitation centre (hereinafter referred to as «Employed Professionals«) and their patients (hereinafter referred to as «Patients«), interact for the execution of therapeutic rehabilitation programmes, (all of them hereinafter referred to as «Users«). Self-Employed Professionals and Employed Professionals are hereinafter collectively referred to as the «Professionals«.
The ReHub Platform complies with EU regulatory requirements applicable to medical products, allows Patients to follow their rehabilitation treatments (hereinafter, the «Treatment«) online, to be in permanent contact with the Professionals, to consult data, contents and exercise programmes established and/or designed by the Professional from any location, transforming conventional rehabilitation into a personalised and «on the move» experience. Therefore, the service managed by DYCARE through the Platform offers the User: (a) the organisation of personalised rehabilitation and physiotherapy sessions and access to multimedia content through the Platform; (b) remote monitoring of the Patient’s progress by a Professional; (c) communication with a Professional via chat and video call; (d) the filing, organisation and processing of data, including but not limited to identification data, such as photographs, first names and surnames, date of birth, email address, weight and height, information on the treatment(s) received on the Platform, within a database accessed remotely by the User and their Physiotherapist via the Platform (the «Database«), (hereinafter (a), (b), (c) and (d), also collectively referred to as the «Service«).
- General considerations
The contracting of the Services implies the User’s acceptance, without reservations of any kind, of each and every one of these General Terms and Conditions.
These General Terms and Conditions do not modify, but rather integrate, any legal conditions or provisions in force between the Administrator and the User. In the event of contradiction between any provision of any terms and conditions agreed between the Administrator and the User and these provisions, the provisions of the terms and conditions agreed between the parties shall prevail. If the Service is being used on behalf of a legal entity, we assume that the person accessing the Platform and/or the Service is authorised and has the capacity to accept these Terms and Conditions on behalf of the entity they represent.
In particular, the Professionals employed are aware that DYCARE has an agreement with the medical or functional rehabilitation centre employing the latter (hereinafter the «Agreement with the Centre«), the terms of which they declare to be aware of, and which shall prevail in any case over these General Terms and Conditions.
Use of the Platform is restricted to those over the age of fourteen (14) («Minimum Age for Use of the Platform«). Persons over the Minimum Age for Use of the Platform, but under the age of 18, may only use the Platform and/or Service under the supervision of a parent or guardian. The registration of minors on the Platform can only take place with the consent of the parent(s) or guardian(s). Persons under fourteen (14) years of age may not use the Platform under any circumstances. In any case, it shall be the sole and exclusive responsibility of the Professional to ensure compliance with the minimum age for accessing the Platform and compliance with parental consent prior to the registration of the minor on the Platform.
- Service Contracting and Licensing
By virtue of these General Terms and Conditions, a licence to use the Platform is granted to the User, for the purpose and with the limitations indicated herein. The licence is granted to the User on a non-exclusive, non-transferable, revocable, non-sublicensable and worldwide basis.
The licence for use is granted until the termination of the relationship between the parties, unless otherwise regulated in these General Terms and Conditions or in particular agreements binding Dycare and the User.
If you are a Patient whose access to the Platform to use the Services is provided by your Self-Employed Professional, mutual insurance company, medical centre, employer or any company with an agreement with DyCare («Referring Entity»), the terms and conditions of such access are subject to the terms and conditions contained in the Patient’s agreement with the Referring Entity. Likewise, you are hereby informed that the Data Controller of your personal data and medical history is the Referring Entity that has referred you to the ReHub Platform. Please contact the Referring Entity for more information.
The Administrator reserves the right to assess at its discretion the compliance of any User with these Terms and Conditions. Failure to comply with the General Terms and Conditions may result in the revocation of the licence of use granted to the Professional and/or access to the Patient. The Administrator reserves the right to revoke the licence to use and/or access for any reason it deems appropriate, including, without limitation, failure to pay for the Service when due as set forth in the Service Agreement, Referring Entity Agreement or Agreement with the Centre entered into between the Administrator and the relevant Professional, belief that the conduct or use of the Platform and/or the Service by the User is contrary to applicable laws or is detrimental to the interests of the Administrator or any other User.
- Eligibility and informed consent
The Professional is solely and exclusively responsible for examining and assessing the Patient and choosing the most appropriate treatment, creating a personalised exercise programme, specifically adapted to the Patient’s physical condition. The platform should always be used according to the intended purpose of online rehabilitation and physiotherapy and under the supervision and responsibility of the Professional.
If the Patient appears to have a serious health condition, this should be reported to the Professional for proper assessment.
In particular, if you are a Patient and any of the situations listed below apply to you, do not use the Service unless you have received a prior medical examination from a Professional authorising you to use the Services («Contraindications«):
- You are pregnant or suspect you are pregnant;
- Cardiovascular disease;
- Respiratory diseases considered as major or severe;
- Sensory and/or cognitive impairment affecting understanding of the methodology;
- Active oncological process, active infectious process, active thrombo-phlebitic process and multi-pathological patients;
- Psychiatric pathology;
- If you have an active implantable device, such as a pacemaker;
- If you experience sudden fainting spells or loss of consciousness;
- Not being of sufficient age (Minimum Age to Use the Platform: 14 years old).
The Patient hereby declares:
- To have duly informed the Professional in case of any serious health condition or any of the situations listed above.
- To have been informed by the Professional of the purpose and nature of the rehabilitation plan, its risks and consequences.
- That they understand that rehabilitation is not an exact science and they recognise that they have not been given any guarantees about the outcome of their treatment.
- That they give their permission and consent to DyCare, DyCare Professionals and all its affiliates and contractors to receive the Treatment.
In any case, the Professional shall comply with the regulations in force regarding the information that the Patient requires in relation to their Treatment in accordance with the provisions of, among others, the Basic Law 41/2002 Regulating Patient Autonomy and Rights and Obligations regarding Clinical Information and Documentation, obtaining from the Patient the mandatory informed consent when necessary in accordance with the action to be performed.
- Registrations on the Platform:
In order to use the Service, the User shall be required to register for a User account (hereinafter the «Account«). To create the Account, the User must register or, if applicable, complete the registration when it has been initiated by a Professional, through the Platform.
The User hereby declares and undertakes: (i) to provide accurate, up-to-date and complete information regarding the registration, login and/or subscription procedures on the Platform («Registration Data«); (ii) not to disclose their password or identification code; (iii) to keep the Registration Data and any other information provided constantly up to date, complete and accurate.
Each registration on the Platform is valid for only one User. Any identification codes, passwords, user names or otherwise are an integral part of the security systems and procedures put in place by the Administrator to protect the system and the data held in the Database. Therefore, such data may not be disclosed to any person, even within a group, even if known.
The Administrator reserves the right to disable the identification code, password and/or user name corresponding to any User of the Service when, in the undisputed opinion of the Administrator, a breach of any provision of these General Terms and Conditions is detected.
The Administrator reserves the right to terminate the accounts of Users who fail to comply with the provisions of these Terms and Conditions, including failure to pay fees when due as set forth below.
- Rates and Payment Terms and Conditions
Unless otherwise stated at the time of contracting, DyCare shall not charge the Patient for use of the Platform.
If you are a Patient whose access to the Platform to use the Services is provided by a Referring Entity, any charges for the telerehabilitation service are subject to your contract or agreement with the Referring Entity.
The Administrator shall bill the services provided to the Patient directly to the Referring Entity under the agreement between DyCare and the Referring Entity.
If you are an Employed Professional, your medical or functional rehabilitation centre shall pay DyCare as agreed in the Agreement with the Centre under the terms and conditions set forth therein.
If you are a Self-Employed Professional, you must pay DyCare the selected subscription fee in accordance with the current rates in force on the website at the time of contracting, including applicable taxes.
If the payment selected is monthly, the payment for the first month shall be made automatically by means of the credit or debit card indicated by the Professional to Dycare («Payment Method«) and by means of the Stripe payment gateway at the time of contracting the monthly subscription on the ReHub Platform. Subsequent recurring payments of the monthly subscription shall be made monthly starting from the month following the first payment and charged to your Payment Method. For example, if you subscribe on 5th April, the first payment shall be made on 5th April and successive periodic payments shall be made on 5th May, 5th June and so on.
In accordance with the above, the Administrator shall issue an invoice corresponding to the amount of the subscription contracted to the Self-Employed Professional. This invoice can be downloaded directly from the platform or can be requested by email (Support.email@example.com).
Failure to make payments in full and on time shall immediately result in a breach without the need for any anticipatory demand or notice of default by the Administrator. Upon breach, the Administrator may immediately terminate or suspend the Professional’s access to and use of the Service, fully or partially, including access to the Platform and use of the Service by their Patients. Notwithstanding the foregoing, the Administrator shall be entitled to interest for late payment equivalent to the maximum rate permitted by law from (and including) the due date of payment to the date of payment in full with interest.
In any event, the Administrator reserves the right to modify the contracted subscription rates, as well as the rates provided for in https://www.dycare.com, at any time, by giving prior notice to the Self-Employed Professional one (1) month in advance of the effective date on which the new rates shall apply. Any change in subscription rates shall take effect for the next billing period after the Administrator has given notice of the change.
Complaints related to the Service do not suspend the Professional’s obligation to pay.
- Duration and termination
The Administrator has the right to interrupt, suspend or terminate your access to the Platform and/or use of the Service without prejudice to the Administrator’s other rights and remedies set forth in these Terms and Conditions, including the right to claim damages, if any of the following conditions apply: (i) you are in breach of your obligations under these Terms and Conditions; (ii) if the Professional, Referring Entity or the Administrator is declared bankrupt; (iii) if the Professional, Referring Entity or the Administrator’s business is closed or liquidated.
If an Account is terminated on any of these grounds, the Professional and/or Referring Entity shall not receive any refund as a result of the termination.
If the Professional’s or Referring Entity’s Account is terminated, the account of the Patients associated with that Professional or Referring Entity shall be automatically terminated. In no event shall the Administrator be liable to Patients for termination of their account as a result of the actions of the Professional or Referring Entity. Patients should contact the Professional or Referring Entity to make any complaints.
Upon termination of the Service, the Administrator shall render the User’s Account on the Platform inaccessible to the User, subject to one month’s prior notice by the Administrator so that the User may retrieve any necessary content from the User’s Account, and the Administrator shall under no circumstances be obliged to directly provide the User with any content or other information or to convert or export such information, unless otherwise provided by law.
You hereby agree that the subscription giving you access to and use of the Platform and/or Service is for a period corresponding to the selected payment period from acceptance of these Terms and Conditions and is automatically renewable for the same period of time, subject to these Terms and Conditions, unless otherwise communicated in writing to the Administrator in accordance with the provisions of the following paragraph.
You may cancel your subscription at any time free of charge within 30 days of subscribing to these General Terms and Conditions.
After the first 30 days, you may terminate your subscription without any period of permanence, giving at least fifteen (15) days’ notice to the Administrator prior to the renewal of your subscription. In case of timely cancellation, the cancellation shall become effective on the last day of your monthly subscription. In case of late cancellation, your subscription shall be renewed for an additional month, effective on the last day of the new monthly subscription period. For example, if your subscription runs from 5th June to 4th July and you cancel your subscription on 10th June, your subscription shall end on 4th July; on the other hand, if you cancel your subscription on 1st July, you shall still be renewed and charged for the month of July (5th July to 4th August) and your subscription shall end on 4 August.
Your access to and use of the Platform and/or Service shall be for the period set out in the Agreement with the Centre entered into between the Administrator and your medical or functional rehabilitation centre of which you are aware.
If you are a Patient, access to the Platform is for the period of time that your Professional or the Referring Entity grants you. Please note that your access to the Platform and/or Services shall cease, in any event, upon termination of access to and use of the Service by the Referring Entity that has given you access to the Platform.
Please note that at the end of the period for which you have been granted access to and use of the Platform and/or Service, you shall not be able to access any exercise programme assigned by your Professional or have access to its content, except as otherwise provided by law.
- Right of withdrawal
If you are considered a «Consumer», in accordance with the provisions of Spanish Royal Legislative Decree 1/2007, of 16th November, which approves the consolidated text of the General Law for the Defence of Consumers and Users, you shall have the right to terminate the agreement entered into with the Administrator within fourteen (14) days following the signing of the agreement. Your notice of withdrawal should be sent to: firstname.lastname@example.org and must be in the form of an unambiguous statement of the decision to terminate access to the Platform and/or Service. In case of exercising the right of withdrawal, the Administrator shall ensure that the User’s Account has been duly deleted.
- Use of the Platform and/or Service
In order to use the Platform, the User must have a computer, tablet or mobile device that complies with the minimum requirements established on the Website and the Platform, which may be updated at any time. Likewise, the User must have access to the Internet and shall be solely responsible for paying any connection fees that may be applied by their supplier.
Users undertake to use the Platform and the Services in accordance with the legislation in force, these General Terms and Conditions, the specific conditions that may be specified in the Contracts and other notices and instructions made known to them, as well as with generally accepted morals and good customs and public order.
Users waive the right to use any of the materials and information contained in the Platform for illicit purposes or purposes expressly prohibited in these General Terms and Conditions, as well as the specific conditions that, where appropriate, are enabled, or against the rights and interests of the Administrator, its members or third parties, and shall be liable to the latter in the event of contravention or breach of these obligations or, in any way (including the introduction or dissemination of «computer viruses») damage, render useless, overload, deteriorate or impede the normal use of the materials and information contained in the Platform and/or Services, the information systems or the documents, files and all types of content stored in any computer equipment (hacking) of the Administrator, its members or any user or User of the Platform.
In particular, any Professional is expressly prohibited from uploading videos to the Platform that are not solely and exclusively for therapeutic use or for which they do not have sufficient rights for publication. The Administrator shall under no circumstances be responsible for the content of the videos uploaded on the Platform by the Professional, being in any case the latter responsible for any damage that may be caused.
Users undertake to indemnify and exonerate the Administrator, its subsidiaries and group companies, as well as legal representatives, partners and employees, from any damages, liabilities, claims or compensation, including representation expenses and costs, which as a consequence thereof may be requested by third parties from using the Platform and/or Services under terms that do not comply with these General Terms and Conditions, and/or due to breach of the terms and conditions provided for therein, and/or as a result of breach of the representations and warranties contained herein.
- Platform anti-spamming policy
Users undertake to refrain from (i) collecting data for advertising purposes and from sending advertising of any kind and communications for sales or other commercial purposes; and (ii) making available to third parties, for any purpose, data collected on the Platform and/or Service.
Users or third parties harmed by the receipt of unsolicited messages may report this circumstance by sending a message to the following email address: email@example.com.
- Intellectual property rights
DYCARE property rights
Unless otherwise provided in these Terms and Conditions, all copyright and any other intellectual or industrial property rights or any other rights of any kind relating to any of the content or aspects of the Platform and/or the Service correspond to the Administrator or its licensors. Users acknowledge that the Administrator is the legitimate owner of the trademarks, trade names and other names or distinctive signs on the Platform and Service and its accessory elements. These works are protected by copyright laws and international treaties in force in Spain and internationally, and the rights to them are expressly reserved. Any use of the contents of the Platform and/or the Service that is not expressly authorised in these General Terms and Conditions is prohibited. These General Terms and Conditions in no way constitute any title or transfer of ownership rights of DyCare in favour of its Users.
Users may not, directly or indirectly, copy, decrypt, electronically scan, decompile or derive source code from any intellectual and/or industrial property owned by the Administrator to which they have access as a result of the provision of services, or reverse engineer the design and function of the aforementioned intellectual and/or industrial property. Likewise, Users undertake to report promptly and effectively any breach or well-founded fear of a breach by Users or third parties that may affect the legitimate interests of the Administrator of which they may become aware.
Notwithstanding the foregoing, no part of the contents of the Platform and/or the Service may be reproduced or stored on any other website or introduced into any other information storage and retrieval system or service provider without the prior written consent of the Administrator.
Any use of the Platform and/or Service that is made without prior written authorisation and that is not authorised by these Terms and Conditions is expressly prohibited and shall result in the termination of any licence granted on the basis of these Terms and Conditions. Such unauthorised use may also contravene applicable laws, such as, for example, copyright laws, laws on the protection of trademarks and other regulations on communication or the protection of personal data. We reserve the right to suspend User accounts that we believe have breached applicable laws or regulations. However, no provision of these General Terms and Conditions shall be construed as conferring any licence to intellectual property rights, either by implication or conclusively. All licences are revocable at any time and under any circumstances.
- Professional Content
The Professional shall own the content that it uploads to the ReHub Platform, including without limitation, rehabilitation exercises or videos or images («Professional Content«). The Professional shall be liable for any breach of third party intellectual property rights in the event that they upload content for which they do not have sufficient publication rights. The Administrator shall under no circumstances be responsible for the content of the videos uploaded on the Platform by the Professional, being in any case the latter responsible for any damage that may be caused.
These General Terms and Conditions in no way constitute any title or transfer of any ownership rights that the Professionals may have over the Professional Content that they may upload to the Platform in favour of the Administrator. The Professional hereby acknowledges and agrees that their content may be stored on the Platform and shared with their Patients, as well as with other Professionals employed by the same Centre.
The Administrator may limit the size of files that Professionals may upload to the Platform and/or the storage space for Professional Content by providing appropriate notice of the applicable requirements on the Website and/or the Platform, which may be updated at any time.
- Access, suspension, interruption and revocation of the Platform and/or Service
The Administrator shall use its best efforts, to the extent reasonably possible (consistent with market standards for similar services) to ensure that the Platform and/or the Service remain accessible at all times.
The Platform and/or Service are constantly evolving and the form and nature of the Platform and/or Service may change without notice.
In addition, the Platform and/or Service may be suspended, limited or interrupted at any time and for any reason, including, but not limited to, new updates, bug fixes, new features, functionality, tools or content, either with respect to a single User or for all Users, as well as network failures, weather or other circumstances beyond the Administrator’s control. In any event, the Administrator shall not be liable if, for any reason, the Platform and/or the Service are temporarily or permanently unavailable.
Likewise, we reserve the right to suspend, interrupt and/or revoke at any time and without liability or need to inform the User the right to use or access the Platform and/or the Service, even without prior notice, if the Administrator considers that the User is in breach of these General Terms and Conditions. In any case, the Administrator shall be exempt and indemnified for any damage or loss, including loss of data, arising from such suspension, interruption or revocation of the use of or access to the Platform and/or Service. The Administrator may use any operational, technological, legal or other methods available to enforce these Terms and Conditions (including, without limitation, blocking IP addresses).
- Guarantees and Responsibilities
You hereby declare and guarantee the Administrator that:
- you have the power and authority to accept these General Terms and Conditions;
- you are of legal age or, if you are a minor Patient, you have the consent of your parent(s) or guardian(s) («Guardians«) and you shall use the Platform and/or Service under the supervision of your Parent or Guardians;
- you undertake to use the Platform exclusively for its intended purpose as a medical device for functional rehabilitation, and under no circumstances shall you use the Platform and/or Service for other uses or in case of contraindications indicated in these General Terms and Conditions or by your Professional.
- you agree that under no circumstances shall you use the Platform and/or Service in a manner that infringes the rights of the Administrator or any third party, including but not limited to intellectual property rights or rights in relation to the protection of privacy;
- all Account information you provide shall be complete, accurate and up to date when provided, and shall be updated as necessary to ensure that it remains complete, accurate and up to date;
- all information you provide to the Administrator or its employees and/or affiliates is accurate, complete and true when provided;
In addition to the foregoing, the Professionals registered on the Platform declare and guarantee that:
- they hold a degree in physiotherapy or such other academic qualification as may be legally required at any given time for the provision of services as a rehabilitation doctors or physiotherapist;
- are up to date with their membership in the Professional Physiotherapists Association that corresponds to them according to their place of residence and/or the place where they practice their profession;
- they have a civil liability insurance policy in accordance with the regulations in force, with a minimum coverage sufficient to cover any compensation that the physiotherapist may have to face in the event of successful civil liability claims filed as a result of damage or harm caused to the Patients.
DyCare may at any time require the Professional to provide documentary evidence of compliance with these requirements. In case of non-compliance with the requirements or failure to provide proof of compliance within the given deadline, DyCare may revoke the Professional’s access to the platform.
The Professional shall be solely responsible for verifying compliance with these obligations prior to accessing the Platform, as well as for exercising their telerehabilitation services with due diligence in accordance with the lex artis and offering Patients the best quality of services through the Platform.
Likewise, Professionals declare and guarantee that they comply with the regulations in force regarding the information that the patient (as Insured Party) requires in relation to their Condition or Treatment in accordance with the provisions of, among others, the Basic Law 41/2002 Regulating Patient Autonomy and Rights and Obligations regarding Clinical Information and Documentation, obtaining from the patient (as insured party) the mandatory informed consent when necessary in accordance with the action to be performed.
Furthermore, the Professionals declare and guarantee that they shall use the Platform and/or Service in accordance with the intended purpose as a functional rehabilitation medical device and shall refrain from using the Platform and/or Service for other purposes as well as in the event of contraindications in accordance with the provisions of these General Terms and Conditions. The assessment of the suitability of the online rehabilitation service, as well as its scope and content, shall be the responsibility of the physiotherapist, in accordance with the health regulations in force.
In the event of non-compliance or if the Patient suffers any direct, indirect, personal, moral or material damage as a result of the Treatment prescribed by the Professional, the Professional shall be solely responsible, exonerating and indemnifying DYCARE from any liability in this respect.
The Administrator guarantees that the Platform is fit for the intended purpose as a functional rehabilitation medical device as stated in the technical and regulatory documentation of the medical device and that it shall comply with the Community and national legal requirements for functional rehabilitation medical devices as long as it remains active.
Platform service life and maintenance
The Platform shall be considered to be active when a maintenance update has been performed within the last twelve months in order to ensure the security and functioning of the Platform. To check when the latest version was released, please see «About ReHub». If a period of twelve months has elapsed since the last version without any maintenance having been carried out, the Platform shall be deemed to be obsolete and the User shall cease to use the Platform. The Administrator shall, in any event, use reasonable efforts to provide thirty (30) days prior notice of Platform obsolescence to Users by email or by posting a notification on the Platform. Any use of the Platform once it becomes obsolete is at the User’s own risk and responsibility; the Administrator shall in no case be liable for any malfunctioning of the Platform and no technical support shall be provided. The Administrator reserves the right, at its sole discretion, to migrate all Users to the new platform that replaces the obsolete Platform or, where applicable, deactivate the Platform once it becomes obsolete. As a patient you can request account deactivation, as well as the removal of any information that could be considered private, at any time by emailing or contacting your rehabilitation professional.
The Administrator makes available to its customers the necessary information on the compatibility and interoperability of the Platform in the User Manual available on the Website and the Platform. Such information may be updated at any time, and Users are encouraged to review such information on a regular basis. If non-current technologies, non-current applications or obsolete terminals are used, Users may not be able to use the Platform or the Service in its entirety. In the event of updates to operating systems, browsers or any application that may affect the Platform, the Administrator shall have a reasonable period of time, no less than six (6) months, to make the Platform compatible with such update.
To the extent permitted by law and except as otherwise provided for in these Terms and Conditions, the Administrator guarantees that the Platform is provided «as is», in accordance with widely recognised commercial and regulatory standards. To the extent permitted by law, the Administrator does not represent or guarantee that the Platform (i) meets or shall meet the User’s expectations as to purpose, quality, fitness for any particular purpose; (ii) compatibility with the User’s systems; or (iii) that the tool shall always be available, completely error-free or that all information provided shall be completely accurate. In such cases, Users may not make any claim for damages and/or guarantee claims against the Administrator.
No oral or written advice or information obtained by Users through the Service, the Platform or from the Professional or Referring Entity, who are in no way acting on behalf of or in representation of the Administrator, shall be deemed to constitute a representation or guarantee of any kind.
To the extent permitted by law, the Administrator shall not be liable for any loss of data or other content, malfunction, error, accident or other adverse effects that may occur from your use of the Service or the Platform.
To the fullest extent permitted by law, the Administrator shall not be liable for any damages, losses, liabilities or contingencies arising from the use of the Platform and/or Service by Users.
The Administrator acts as an intermediary between the Professionals and the Patients, and the Professionals are responsible for providing appropriate counselling and rehabilitation services to the Patient, without the Administrator intervening at any stage of such counselling or rehabilitation services. DyCare does not in any way draw conclusions or make diagnoses related to the limitation in functional capacity of the Patients. Furthermore, DyCare is in no way responsible for the treatment or diagnosis provided by the Professional or for any conduct that may cause harm to the Patients.
Administrator – Integrated Service
In cases where, in accordance with the Contract with the Centre of its Referring Entity, DyCare provides an Integrated Service, making the Platform and the Professionals available to the Patient, the provisions of the Agreement with the Centre shall apply in terms of guarantee and liability. Failing this, the provisions of these General Terms and Conditions shall apply.
With regard to the physiotherapists made available by DyCare, DyCare shall be responsible for ensuring that the physiotherapists on the medical team are qualified, registered and have civil liability insurance («Eligibility Requirements«). The physiotherapist shall act with due diligence in accordance with the lex artis. If the actions of the physiotherapist result in direct or indirect personal, moral or material damage to a Patient, the Patient shall be entitled to make a liability claim against the physiotherapist. DyCare shall not be liable for the conduct of Practitioners that may cause any harm to Patients, unless the physiotherapists did not comply with the Eligibility Requirements.
The Parties hereby acknowledge and agree that the Services do not include, in any case, medical diagnosis, medical assistance, emergency assistance or the supply of medical prescriptions.
- Partial Nullity
If any Clause of these General Terms and Conditions is declared null and void, the remaining Clauses shall remain in force and shall be interpreted taking into account the will of the parties and the purpose of these General Terms and Conditions.
- Modification of the Terms and Conditions
The Administrator reserves the right to modify or update, fully or partially, these Terms and Conditions at any time. The Administrator shall notify the User of any changes or updates to these General Terms and Conditions through the Platform, where a notification shall be displayed and must be accepted in order to continue using the Platform. If the User does not object to the amended terms and conditions within two (2) weeks after the publication of the new terms and conditions on the Platform, the terms and conditions shall be deemed to be accepted and shall enter into force at that time. If the User wishes to object, they must send a written objection to the Administrator. In the event of objection within the deadline, the contractual relationship shall be deemed to be terminated on the day before the new terms and conditions come into force. The latest version of the General Terms and Conditions shall always be available on the Platform in a visible and freely accessible place. Please be sure to check for updates to the Terms and Conditions each time you use the Platform and/or Service. In any case, the acceptance of the General Terms and Conditions shall be a prior and necessary step to contracting the Service.
It should also be noted that some of the terms or conditions specified below may be superseded and replaced by other specific provisions relating to specific functionalities and content of the Service, which may even be subject to a fee.
- Assignment of rights and subcontracting obligations.
The User may not assign and/or transfer the rights and obligations relating to these General Terms and Conditions without the prior express written consent of the Administrator.
The Administrator reserves the right to subcontract to other natural or legal persons in order to be able to carry out the obligations arising from these Terms and Conditions.
- Communications between the Administrator and the User
All communications between the Administrator and the User relating to these General Terms and Conditions shall be made by email and in accordance with the communication procedures set forth in these General Terms and Conditions for each particular case.
For all other cases not expressly regulated in these General Terms and Conditions, any communications that the User intends to send to the Administrator shall be sent to the email address firstname.lastname@example.org, always in writing and by means of a system that allows accreditation of the content and receipt by the Administrator of the corresponding communication.
Communications made by the Administrator to the email address indicated by the User shall be considered valid. The User shall be responsible for keeping their data updated at all times, and must notify email@example.com of any change to their personal data registered on the Platform.
- Applicable legislation and litigation
These General Terms and Conditions are governed by Spanish law.
For the resolution of any legal dispute arising from the interpretation and/or fulfilment of these General Terms and Conditions, the parties, waiving any other general or special jurisdiction to which they may be subject, hereby submit themselves to the Courts and Tribunals of Barcelona. However, if any of the parties is considered a «Consumer», in accordance with the provisions of Spanish Royal Legislative Decree 1/2007, of 16th November, which approves the consolidated text of the General Law for the Defence of Consumers and Users, the above submission clause shall not apply, but rather the applicable jurisdiction shall be that which corresponds to them at any given time in accordance with that consideration.
Last updated on 23rd September 2022