1.- Identification and access These General Conditions regulate the access and use of the website www.fixme.es (hereinafter, the "Website") owned by FIXME CORPORATE, SL (hereinafter, "FIXME"), with NIF 78943911E and address at c / Moreno Nieto, 2, 3rd floor, 28005, Madrid. Access and / or registration in this Website is free for the first 21 calendar days from the date of registration and only in its first registration. Once you access and / or register on the Website, you will be the user of it. For any question, you can contact the following email address: firstname.lastname@example.org 2.- Acceptance of the General Conditions By accepting the General Conditions, the user undertakes to act at all times in accordance with the provisions established in the clauses of the present legal text. By accepting these General Conditions the user declares to be of legal age and have full capacity to understand and accept the content of these Conditions. In case the user is under 14 years old, he will need the effective consent of his parents, guardians or legal representatives for the acceptance of the provisions of these General Conditions.
3.- Object FIXME has developed a platform or website (hereinafter, "Platform"), in order to allow collegiate physiotherapists (hereinafter, "Physiotherapists") the use of the tool, through which it can: manage your agenda, promote your health professional services in order to get patients (hereinafter, the "Patients") to which you can collect your appointments in advance in order to apply their policies of change and cancellation. To do this, FIXME will make available to the Platform Users different technological tools with the aim of helping Physiotherapists and Patients in the necessary procedures for booking physiotherapy appointments. From now on, the Patients and the Physiotherapists may be referred to together as the "Users".
4.- Operation of the Platform In order for Users to enjoy the services that FIXME offers through the Platform, they will have to take into account the following: Create a Patient / Physiotherapist Account Users will have to register and create an Account. Patient or Physiotherapist (as applicable), for which they must complete an online form with the data required in it. Once enrolled in FIXME services, Users can access their account, which will have full responsibility for use. Consequently, Users are responsible for the proper custody and confidentiality of the User's name and / or passwords that allow access to their account, and undertake not to assign their use to third parties, whether temporary or permanent, or to allow your access to third parties. In virtue of the foregoing, Users must immediately notify FIXME through the email email@example.com of any improper use of their User name and / or password, due to circumstances such as theft, loss or the unauthorized access to them, in order to proceed to their immediate cancellation. Platform Tools Once the patients are registered in FIXME they will be able to evaluate the service received from the different Physiotherapists in order to share their assessment with other Users. When the Patient has chosen the corresponding Physiotherapist, he will accept the conditions (schedules, dates, place, rates, change and cancellation policies) based on which the services will be performed. FIXME does not decide, nor imposes in any case on the schedules, dates, rates, place or policies of change and cancellation where the services will be performed. In order to make the relationship between the Patients and the Physiotherapists as simple as possible, FIXME makes available to the Users different tools in the Platform that will allow the Patients and Physiotherapists to receive support. These tools may include, among others, (i) a chat through which users can communicate and exchange documents and files, (ii) a calendar that allows them to book appointments, (iii) a search engine with advanced options for patients can search for the Physiotherapist that best suits their needs, among other tools that FIXME makes available to Users and that will allow them to best manage the booking of appointments. The Users undertake to use these tools as diligently as possible and in accordance with current legislation for exclusively professional purposes, and in particular, they undertake to use the tool only to establish an informative or helpful communication. FIXME strictly prohibits Users from using this tool for the exchange of communications or documents that include sexual, violent, illegal content and, ultimately, any of the contents indicated in Clause Eight of these General Conditions. Evaluation of the services performed by the Physiotherapists FIXME provides users with a tool that will allow them to assess the corresponding Patient or Physiotherapist free of charge. The assessment will have different levels of punctuation, Users can evaluate the Patients or Physiotherapists, as appropriate, in numerical form and with comments in which they can highlight the positive or negative points of the service received in question. The comments and assessment that the Patient or Physiotherapist publishes on the Platform may not contain expressions such as those described in Clause Eight of these General Conditions. FIXME reserves the right to moderate such comments.
5.- Limitations FIXME is exclusively responsible for providing a tool to Users to enable contact and sale of services between Physiotherapists and Patients. In accordance with the foregoing, the Physiotherapists are not contracted or subcontracted users by FIXME, but are independent users who are willing to offer their health services to the Patients in order to obtain their own economic benefit. Therefore, FIXME will not under any circumstances intervene in the payment made by the Patients to the Physiotherapists. The platform will only have a payment gateway so that transactions for services can be carried out online and immediately.
6.- Special conditions applicable to Physiotherapists Profile of Physiotherapists FIXME allows Physiotherapists to include in their Profile a brief description of their knowledge and experience as a health professional with the objective that patients know their professional experience in the field of physiotherapy. All the information and documentation that the Physiotherapists include in their profiles must be true in its entirety and conform to the professional requirements demanded by FIXME for the realization of physiotherapy services to patients who register in the FIXME services. FIXME reserves the right to request from the Physiotherapists at any time sufficient documentation to accredit the professional experience that the Physiotherapists include in their profiles. In the event that FIXME decides under its quality criteria that the Physiotherapists do not have the experience in the field of physiotherapy or that they do not have the academic knowledge that they claim to possess, FIXME may cancel the Physiotherapist's account indefinitely. If FIXME is aware that the Physiotherapist is not complying with the services offered or is rendering them poorly, FIXME may delete your Physiotherapist Account and not allow you to re-register in any FIXME support. The Physiotherapists accept that in their profile of "Physiotherapist" FIXME publish the comments that the Patients have made assessing the performance of their services. The Patients accept that in their user profile FIXME publish the comments made by the Physiotherapists assessing the Patient. Transfer of rights of the Physiotherapist to FIXME By means of the express acceptance of these General Conditions, the Physiotherapist consents to assign to FIXME a License of publication on his profile photograph as well as on the information included in it, with which they authorize FIXME to its publication completely free of charge, worldwide, for the maximum period allowed by the legislation and without restriction or reservation. This license covers: The right of reproduction and distribution of the photographs and profile information, in any type of multimedia support, including media for advertising purposes, through any technical processes and modes of treatment (analog, digital ...) as for example, computers, mobile phones, digital tablets, etc., in all kinds of formats. The right of public communication of the photographs and of their profile information by means of their communication to the public, by any means of dissemination and communication networks, specifically on the Internet, on the pages and profiles of FIXME, on social networks and on websites property of FIXME; The right of transformation of photographs and profile information in all types of formats and presentations, illustrated with any legends, texts and comments (excluding political, pornographic or inappropriate contexts), including this right the possibility of retouching or modify the photographs, specifically for graphic reasons, format, clarity and / or color, which may be necessary. By virtue of this License, the Physiotherapists accept that the photographs and information of their profile are used by FIXME at any time, both promotional and commercial. Economic conditions FIXME will charge the Physiotherapists the price indicated in the Platform in the form of a monthly fee for the use of the tool. Specifically, the payment will be expressed in Euros (€), including taxes and management expenses that, if applicable, may exist. FIXME is not responsible for the patients canceling or abandoning their sessions once they have booked a certain appointment with the Physiotherapist. FIXME will apply the policy of change or cancellation of appointment that the Physiotherapist establishes in their profile. FIXME will not return the payment charged to the Physiotherapist in any other case that does not conform to the policy of change or cancellation of appointment that the Physiotherapist establishes in his profile. As an exception to the foregoing, FIXME may return the aforementioned payment in case the PHYSIOTHERAPIST does not attend the session or fails to comply with the conditions previously established by Patient and Physiotherapist through FIXME. In these cases, the patient must send an email to FIXME addressed to the address firstname.lastname@example.org with the necessary documentation that allows you to prove the cancellation of the class by the Physiotherapist in the aforementioned period. In any case, FIXME reserves the right to confirm any incident with the Patient in question. In the event that the return of the payment proceeds, FIXME will return the payment made by the Patient within 30 calendar days after confirming the cancellation of the Physiotherapist's session. To do this, FIXME may request the Patient's account number and other information necessary for the return of the payment. By accepting these General Conditions, Physiotherapists accept to receive invoices in electronic format from FIXME. In any case, the Physiotherapists must comply with labor, fiscal or any other obligations that correspond to them. FIXME is not responsible for the breach by the Physiotherapists of these obligations. Promotional offers In the event that FIXME makes a promotional offer for the enjoyment of the services it offers, FIXME will inform you about the validity of said promotion as well as the particular conditions to which it may be subject. During the term of the offer, the price of the promotion in question will prevail over the rest of the prices that may be indicated in other media or conditions. Obligations Registered Physiotherapists must comply with, but not be limited to, the following obligations: Have sufficient academic knowledge and professional training to perform physiotherapy services. Establish reasonable conditions for the realization of physiotherapy services. Use an adequate and understandable language with the patients in such a way that they are clear at all times what are the conditions under which the services will be performed. Make use of the material and conditions necessary in order to develop physiotherapy services in an appropriate manner. Use the tools that FIXME puts at your disposal for purposes exclusively of visibility, customer acquisition and booking and payment of online appointments. By accepting these General Conditions, the Physiotherapist guarantees to have the required academic training for which he offers his physiotherapy services. In this sense, the Physiotherapist undertakes not to offer services for which he or she does not have adequate preparation. Therefore, it will be the sole responsibility of the Physiotherapist not to have the training and basic knowledge about the services he intends to perform. Publication of the profiles The content of the profiles published by the Physiotherapists promoting their services must be correct and contain expressions suitable for the entire public. In particular, the Physiotherapist agrees that their advertisements do not include the contents described in Clause Eight of these General Conditions. In addition, these advertisements must be related to physiotherapy health services, so in no case will advertisements that are related to the sale of products in general, financing, comparison services or any other services that have nothing to do with the activity of FIXME (physiotherapy health service). 7.-Conduct of Patients and Physiotherapists Users undertake to make a lawful, diligent, honest and correct use of all information or content accessed through the Website, and all under the principles of good faith and respecting at all times to the current legislation and to these General Conditions. In particular but without limitation, any user visiting the Website as well as Physiotherapists and Patients should not: Register or communicate data that is not true, accurate, complete and / or updated, or access the Website using the name, identifying data or the password of another user or impersonate any person or identity. Register payment methods in your account that you do not own or use for which you do not have authorization. Scan or test the vulnerability of any FIXME system or network, or violate any security or authentication measure, as well as try to decipher or disassemble the software used by FIXME to offer the services through the Website. Use the Website for fraudulent purposes, or related to criminal offenses or illicit activities of any kind. Create a Profile or use the Website to send, use or reuse material or that contains illegal, offensive, pornographic, abusive, indecent, defamatory, obscene or threatening information of any kind, or that involves a violation of copyright, trademarks or confidentiality, privacy or any other right, that is otherwise insulting or objectionable to third parties, or whose content contains computer viruses, political advertising, advertising content, chain mail, mass mailings or any other type of "spam" and, in general, any kind of unnecessary inconvenience or inconvenience.
Download, send or distribute any other content or applications that may violate any legislation in force or that violate any right of any party. Do not access the email accounts of other users. Do not send mass and / or repetitive emails to a plurality of people, nor send email addresses of third parties without their consent. Do not use the contact forms of the Website, to send commercial communications not previously agreed by the other users. Not use the Website as a directory to obtain contact information of Users to perform commercial actions or send commercial communications not previously agreed by users. Use the tools that FIXME makes available to Users for purposes other than the physiotherapy service. Promote or encourage third parties to carry out any of the above practices or contribute to it. FIXME will have the right to investigate and denounce any of the behaviors mentioned in accordance with the Law, as well as to collaborate with the authorities in the investigation of said actions. FIXME reserves the right to deny any attempt to access the Website, cancel accounts, delete or modify content, or cancel the provision of services in cases where there is an incorrect use of the Website. In particular FIXME reserves the right of admission and exclusion from the Website. Any User that does not comply with the rules contained in this condition may be excluded from the services of FIXME. Specifically, FIXME reserves the right to indefinitely expel the User from its services in case of knowledge of claims or complaints properly substantiated by the Patient or Physiotherapist, as appropriate (provided that these claims or complaints are brought against the Patient. / Physiotherapist, as the case may be).
8.- Content of opinions and comments and of the messages and communications exchanged by Patients and Physiotherapists Since FIXME will allow Users to post comments and opinions and will allow Patients and Physiotherapists to exchange messages and documents, Users will have to commit themselves to said comments, opinions and messages or communications do not contain expressions that are not suitable for all audiences, including, therefore, indecent texts or that are not considered appropriate or that hurt the general sensitivity. In particular, comments, opinions, messages and communications may not include the following contents: Discriminatory content: In no case will opinions, comments, messages or communications be allowed that go against an individual and that violate the principles of the right to honor, to personal and family intimacy, the image and the dignity of the person. Any type of discriminatory publication is prohibited, be it for reasons of race, sex, religion, opinion, nationality, disability or any other personal or social circumstance. Advertising Content: It is not allowed to use the Website as a means to carry out advertising, business promotion, brands or personal items, as well as obtain e-mail addresses to which later send unsolicited commercial communications. Illegal Activities: Opinions, comments, messages or communications are not allowed to promote illegal activities or to incorporate obscene or defamatory content. Terrorism: In no case will opinions, comments, messages or communications be allowed to advocate terrorist groups and / or organizations involved in violent and criminal activities. Self-destructive contents: Any type of publication or communication that promotes the consumption of narcotic substances or that have the objective of inciting food disorders and self-harm is prohibited. Violence: It is expressly forbidden that opinions, comments, messages or communications promote violence and / or include, without limitation, sexual violence or violence against animals and people. Degrading Content: Opinions, comments, messages or communications that are intimidating, threatening, degrading or that in any way promote violence against a specific person or group are not allowed. Sexual Content: Opinions, comments, messages or communications that contain images or texts of sexual content are expressly prohibited, as well as publications that promote the consumption of pornography or prostitution. Firearms and Explosives: Opinions, comments, messages or communications that promote the use and / or sale of firearms and / or any type of explosives will not be allowed. In case FIXME could prove that the opinions, comments, messages or communications include the expressions or contents described in this Clause, FIXME reserves the right to eliminate the corresponding Patient or Physiotherapist Accounts and denounce the facts that it deems appropriate. to the authorities.
9.- Intellectual Property 9.1 Intellectual and Industrial Property relating to the Website All the rights over the content, design and source code of this Website and, especially, including but not limited to, all rights over photographs, images, Texts, logos, designs, trademarks, trade names, data included in the Website and any other intellectual and industrial property rights are the property of FIXME, or third parties that have expressly authorized FIXME for the use of them in Your Website For this reason and in virtue of the provisions of Legislative Royal Decree 1/1996, of April 12, approving the revised text of the Intellectual Property Law, regulating, clarifying and harmonizing the current legal provisions on the matter (in further, "Intellectual Property Law"), as well as Law 17/2001, of December 7, Trademarks and complementary legislation on intellectual and industrial property, reproduction, transmission, adaptation, translation, distribution is expressly prohibited , public communication, including its method of making available, all or part of the contents of this Website, in any medium and by any technical means, unless expressly authorized in writing by FIXME. FIXME does not grant any license or authorization of use of any kind on its intellectual and industrial property rights or on any other property or right related to the Website, and in no case will it be understood that the access and navigation of the Users implies a waiver , transmission, license or total or partial transfer of said rights by FIXME. Any use of these contents not previously authorized by FIXME will be considered a serious breach of the rights of intellectual or industrial property and will give rise to the legally established responsibilities. 9.2 Intellectual and Industrial Property relative to opinions and comments and messages or communications made by Users. Since FIXME allows Users to post opinions and comments and allows the exchange of communications or messages between Patients and Physiotherapists, whose content may include documents and files, they expressly declare that all contents published on the Website or Platform, as well as all the documents and files exchanged with any other person, are the exclusive property of the Users, or else they have the authorization of the owners of the same for publication or use. Likewise, the Users grant FIXME a universal license, without restrictions and free of charge for the use, distribution, public communication, adaptation and reproduction of said contents. Through this license FIXME may transform, adapt and ultimately use the contents for the proper functioning of the Website. 10.- Exclusion of liability 10.1.- Exclusion of liability in relation to the operation of the Website. FIXME does not grant any guarantee and is not responsible, in any case, for any damages of any kind that may arise from accessing or using the contents of the Website. Among others, and by way of example and not limitation, FIXME is not responsible for the following circumstances: The lack of availability, maintenance and effective operation of the Website and / or its services or contents, excluding itself, to the maximum extent allowed by the current legislation, any liability for damages of any nature that may be due to lack of availability or continuity of the operation of the Website. Of the cases in which the User under 18 years of age provides FIXME with banking information without the consent of the owner of said banking information. The lack of usefulness of the Website or the contents for any service.