We hope you enjoy using 24Seven. This document contains important information that you should be aware of before using our platform.
Terms of Use
We hope you like using 24seven. We really do. This document contains important information that you should consider before using 24SEVEN.
The following terms and conditions (the “Terms of Use” or the “agreement”) constitute an agreement between you and Cita Médica 24/7, C.A. (“24seven”, “we” or “us”), the operator of 24siete.app, 24siete.io and related websites, applications, services and mobile applications, and all associated services (collectively, the “services”) provided by 24SIETE and in which these Terms of Use are posted or referenced. For purposes of these Terms of Use, the “Services” include, without limitation, scheduling pages maintained by 24SIETE on behalf of third parties and appointment scheduling technology integrated into third-party websites. This Agreement constitutes a contract between you and us governing your access to and use of the Services. What does that mean? It means that by accessing and/or using our services, you agree to all of the terms and conditions of this Agreement. If you do not agree, you may not use the Services. As used in this Agreement, “you” means any visitor, user or other person accessing our services; whether or not such person registered for a 24SIETE account (as defined in Section 1).
If your use of the Services is terminated for any reason, then: (a) This Agreement will continue to apply and be binding on you with respect to your prior use of the Services (as well as any subsequent and unauthorized use of the Services), including your indemnification obligations as described herein; and (b) any rights or licenses granted under this Agreement shall survive such termination.
24SIETE collection and use of personal data in connection with the Services is described in 24SIETE Privacy Policy (“Personal Data” as defined therein).
IMPORTANT: Please review the notice of arbitration and class action waiver in Section 17.1 below carefully, as it will require you to resolve disputes between you and 24SIETE through binding individual arbitration. You acknowledge and agree that you and 24seven are waiving the right to a jury trial. You further acknowledge and agree that you waive your right to participate as a plaintiff or class member in any purported class action or representative against 24SIETE. By entering into this Agreement, you expressly acknowledge that you have read and understood, and agree to be bound by all of the terms and conditions of this Agreement and have taken the time to consider the consequences of this important decision.
We are constantly trying to improve our services, so these terms of use may need to change along with our services. We reserve the right to change the terms of use at any time, but if we do, we will make a notice on our site, send you an email and/or notify you by some other means.
If you do not agree with the new Terms of Use, you are free to reject them; Unfortunately, that means you will no longer be able to use the services. If you use the Services in any way after a change to the Terms of Use becomes effective, that means you accept all changes.
Any dispute under this Agreement shall be governed by the version of the agreement in effect at the time of the first event giving rise to the dispute. Except for changes by us as described herein, no other amendment or modification of these Terms of Use will be effective unless made in writing and signed by both you and us.
From time to time we may add new features to the Services, substitute a new service with one of the existing services, or discontinue or suspend one or any portion of the existing services. Under no circumstances shall 24SIETE be liable for any suspension or discontinuance of any of the services or portion thereof, and any use of new features or services shall be governed by this Agreement.
If you create a 24siete account or use the Services on behalf of an individual or entity other than yourself, you represent that you are authorized by such individual or entity to accept this Agreement on behalf of such individual or entity and bind them to this Agreement (in which case, references to “you” and “your” in this Agreement, except in this sentence, they refer to that individual or entity.)
ABOUT SERVICES
Subject to these Terms of Use, 24siete grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable license to use the Services in accordance with these Terms of Use. Portions of the Services may be viewed without a 24-seven Account. However, in order to benefit from all the Services we offer, you must create an account (a “24 Seven Account”) and provide certain basic information about yourself. If you provide us with any information, you authorize 24siete to use and disclose it as described in our Privacy Policy.
While using the Services, you may encounter certain Content that 24siete makes available to you. “Content” means content, text, data, graphics, images, photographs, video, audio, information, suggestions, articles, availability of programming, guidance, and other materials provided, available, or found through the Services, including, but not limited to, Content provided in direct response to your questions or postings. You acknowledge that although some Content may be provided by healthcare professionals, the provision of such Content does not create a doctor/patient relationship, and does not constitute opinion, medical advice, diagnosis or treatment, but is provided to assist you in choosing a physician, dentist or other specialist, professional, provider, organization or health care agent or affiliate thereof (collectively, “Health Care Providers”) or, in general, be informative.
ALTHOUGH WE MAKE REASONABLE EFFORTS TO PROVIDE YOU WITH ACCURATE CONTENT, WE MAKE NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, DESCRIPTIONS OF PROFESSIONAL QUALIFICATIONS, EXPERIENCE, QUALITY OF WORK, PRICE OR COST INFORMATION, INSURANCE COVERAGE OR BENEFITS INFORMATION). IN NO EVENT WILL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH CONTENT. IN ADDITION, WE DO NOT ENDORSE, REFER OR RECOMMEND IN ANY WAY ANY INDIVIDUAL OR ENTITY MENTIONED IN THE CONTENT AND/OR ACCESSIBLE THROUGH THE SERVICES.
WE DO NOT PROVIDE MEDICAL ADVICE
24siete is not a health care provider. The Content you obtain or receive from 24seven, its employees, contractors, partners, sponsors, advertisers, licensors or otherwise through the Services, is for informational, programming and payment purposes only. All medical-related information, including but not limited to information shared through 24siete Web, 24siete Mobile App, 24siete Blog, 24siete social channels, 24siete emails and text messages, and 24siete advertising, is for informational and communicative purposes only.
WHILE WE HOPE THE CONTENT WILL BE USEFUL IN YOUR HEALTHCARE JOURNEY, IT IS NOT INTENDED AS A SUBSTITUTE FOR OR REPLACING PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. DO NOT USE SERVICES FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL OR MENTAL HEALTH EMERGENCY, ARE THINKING ABOUT SUICIDE, OR TAKING ACTIONS THAT MAY CAUSE HARM TO YOURSELF OR OTHERS, CALL A HEALTH CARE PROFESSIONAL AND/OR 911 IMMEDIATELY. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. NOTHING STATED, POSTED OR AVAILABLE THROUGH ANY SERVICE IS INTENDED AS THE PRACTICE OF MEDICINE, DENTISTRY, NURSING, PHARMACY OR OTHER PROFESSIONAL HEALTH CARE ADVICE, OR THE PROVISION OF HEALTH CARE.
24siete is not a referral service and does not refer, recommend or endorse any particular Health Care Provider, test, procedure, opinion or other information that may appear through the Services. If you rely on any Content, you do so at your own risk. We encourage you to independently confirm any Content relevant to you with other sources, including the Health Care Provider’s office, medical associations relevant to the applicable specialty, your state’s medical boards, and appropriate certification or licensing authorities to verify the credentials and education listed.
NO DOCTOR-PATIENT RELATIONSHIP
DOCTORS, DENTISTS, NURSES, AND OTHER MEDICAL PROFESSIONALS USE THE SERVICES TO SHARE CONTENT WITH YOU, BUT USE OF THIS CONTENT IS NOT A SUBSTITUTE FOR MEDICAL CARE. NO LICENSED MEDICAL PROFESSIONAL/PATIENT RELATIONSHIP IS CREATED WHEN YOU USE THE SERVICES OR CONTENT. THIS IS TRUE WHETHER SUCH CONTENT IS PROVIDED THROUGH THE USE OF THE SERVICES OR THROUGH ANY OTHER 24SEVEN COMMUNICATION, INCLUDING, WITHOUT LIMITATION, THE “FIND A DOCTOR” FEATURE, 24SEVEN ANSWERS, 24SEVEN KNOWLEDGE BASE, 24SEVEN BLOG, 24SEVEN SOCIAL CHANNELS, EMAILS OR TEXT MESSAGES FROM 24SEVEN LINKS TO OTHER SITES, OR ANY HELP WE CAN PROVIDE TO HELP YOU FIND AN APPROPRIATE HEALTH CARE PROVIDER IN ANY FIELD.
24siete encourages Health Care Providers to use the Services responsibly, but we have no control over any Health Care Provider nor can we guarantee the availability of these at any particular time. We will not be liable for cancelled or otherwise missed appointments, or for any injury or loss resulting therefrom, or for any other injury or loss resulting from or arising out of, or related to, the use of the Services.
AUTHORIZATION AND RECOGNITION; IMPORTANT INFORMATION ABOUT RELATIONSHIPS WITH HEALTH CARE PROVIDERS AND LISTS OF HEALTH CARE PROVIDERS
In connection with your use of the Services to schedule appointments with Health Care Providers, you understand that:
YOU ARE RESPONSIBLE FOR CHOOSING YOUR OWN HEALTH CARE PROVIDER, INCLUDING, WITHOUT LIMITATION, DETERMINING WHETHER THE APPROPRIATE HEALTH CARE PROVIDER IS APPROPRIATE FOR YOUR HEALTH CARE NEEDS BASED ON SPECIALTY, EXPERIENCE, QUALIFICATION, LICENSING, AND OTHER IMPORTANT FACTS AND CIRCUMSTANCES THAT COULD AFFECT YOUR CARE.
24seven or its designee takes certain limited steps to (a) verify that Health Care Providers participating in the Services have certain licenses, certifications, or active registrations required by law to practice the specialties of the services they offer through the Services, and (b) verify that health care providers are not listed in the Health Department’s Office of Inspector General’s exclusion database, and U.S. Human Services 24seven may also exclude Health Care Providers from our Services who, in 24seven’s discretion, have engaged in inappropriate or unprofessional conduct (including, but not limited to, conduct in violation of our Community Standards).
While all qualified providers are eligible to use our Services, 24seven Health Care Provider lists are not exhaustive. Health Care Providers choose whether to participate in the Services, what appointment availability, if any, to advertise on their 24-seven profiles, and may also choose to set a maximum amount they wish to spend on new patient bookings received through 24seven. This means that regardless of whether they participate in the Services, Health Care Providers may have additional availability beyond what is indicated through the Services if you contact them directly. Some health care providers listed through the Services enter into contracts with us and may pay us fees to market through or use the Services. If you book an appointment with a Health Care Provider through the Services, 24siete may receive a commission.
To help you find Health Care Providers who may be right for your needs and to allow for maximum choice and diversity of Health Care Providers participating in the Services, we will provide you with lists and/or profiles of Health Care Providers. These results are based on information you provide to us, such as insurance information, geographic location, and health care specialty and/or the services they provide. They may also be based on other criteria (including, for example, Health Care Provider availability, previous selections and/or ratings of Health Care Providers made by you or 24 other users, and 24 users’ previous experience with Health Care Providers). Please note that there may be other healthcare providers who meet your search criteria but are not available through 24seven.
24seven (a) does not employ, refer, recommend or endorse any Health Care Provider, (b) makes no representations or warranties regarding these Health Care Providers or the quality of the services they may provide, (c) is not responsible for ensuring that the information (including credentials) a Health Care Provider provides about itself is accurate or current, (d) you are not responsible for ensuring that the services of the Health Care Providers are actually provided or meet a certain standard of quality, and (e) you do not receive any additional fees from the Health Care Providers for submitting them (i.e., a higher or better placement on the lists) through the Services (subject to Sponsored Results as described below). We do not control the actions of any Health Care Provider and Health Care Providers are not our employees. Please note, however, that to the extent you use the Services provided by your employer, 24siete may provide lists and/or previews of profiles based also on criteria determined by your employer and your employer’s agents or advisors. In addition, to the extent 24siete serves as a platform for or provides technical support to the provider directory associated with your health coverage, Health Care Providers will appear in the directory based on criteria determined by your health plan or plan sponsor, as applicable. .
We may show you advertisements or sponsored results (“Sponsored Results”) through the Services, including those above or interspersed within search results. 24siete receives additional fees from Health Care Providers for including them in Sponsored Outcomes, and such Sponsored Results are not, and should not be considered, an endorsement, referral, or recommendation by 24seven of the Health Care Provider. Sponsored Results are clearly labeled as “Sponsored” or “Paid Ad” on the Services.
THE SERVICES AND CONTENTS ARE INFORMATIVE AND EDUCATIONAL RESOURCES
The Services are an informational and educational resource for consumers and Health Care Providers. We may, but have no obligation to, post Content through the Services that is reviewed by our editorial staff. No party (including 24seven) involved in the preparation or publication of such works warrants that the Content is timely, accurate or complete, and shall not be liable for any errors or omissions in, or for the results obtained from the use of, such Content.
Health Care Provider Content:
Content relating to healthcare providers and their practices (“Health Care Provider Content”) is intended for general reference purposes only. Health Care Provider Content may be provided by the Health Care Provider and/or office staff, and collected from many other data sources that may not be confirmed by the Health Care Provider. While we strive to confirm Health Care Provider Content and keep it current, it may change frequently and become outdated, incomplete, or inaccurate at any time. 24seven does not provide any advice or certification regarding the qualifications of any particular health care provider.
Procedures/Products/Services:
The procedures, products, services and devices discussed and/or marketed through the Services are not applicable to all persons, patients or clinical situations. All procedures, products, services or devices represented through the Services by advertisers, sponsors and other participants of the Services, whether paid or unpaid, are presented to you and do not necessarily imply, and we make no claims as to, safety or suitability for any particular individual or prediction of effectiveness, result or success.
Insurance content:
Insurance and insurance-related Content (including, but not limited to, insurance coverage and Benefits Content) (“Insurance Content”) is intended for general reference purposes and convenience only. Insurance Content may be based on Personal Data you provide to us as well as Health Care Provider Content. Insurance Content may also be provided directly by the insurance provider you identify or through a third-party clearing house. The Insurance Content may change frequently and may become outdated, incomplete or inaccurate. You agree that (a) you will provide accurate and complete insurance-related Personal Data, and (b) verify and maintain accurate insurance-related Personal Data (including, but not limited to, verification of such Personal Data obtained by automated means from an insurance card you provide). While 24siete strives to provide you with accurate Insurance Content, we are not responsible for any inaccurate, incomplete, or outdated Insurance Content, and you are responsible for complying with subparts (a) and (b) hereof.
MEDICAL INFORMATION
You may choose to enter certain medical information into the Services, including by requesting an appointment or completing a medical history form (“Medical History Form”) on behalf of yourself or a third party from whom you are authorized to provide such information. You may request (and in doing so, authorize) 24seven to provide this information to your chosen health care provider. You acknowledge and agree that such information will be reviewed and approved by you or someone authorized by you at the time of your appointment to ensure its accuracy. You also acknowledge that 24siete may use the data or information you provide in a Medical History Form in accordance with our Privacy Policy.
YOUR RESPONSIBILITIES
7.1 Your 24seven account credentials
When you create a 24-seven account, you will provide an email address and create a password (collectively, “Credentials”). You must keep your Credentials private and not share them with anyone else. You must notify us immediately if your password has been stolen or compromised by sending an email to [email protected]. You promise to provide us with accurate, complete and up-to-date registration information about yourself. You may also connect to Services maintained by a third-party company, such as Facebook, Inc., Google LLC (“Google”), or Apple Inc. (“Apple”). If you connect to the Services through a third-party service, you give us permission to access and use your information from such third-party service as permitted by such third-party service, and to store your login credentials for such third-party service. Ultimately, you are in control of the amount of information we can access and can exercise that control by adjusting your privacy settings on such third-party service. 24siete has no control over, and assumes no responsibility for, the Services, content, accuracy, privacy policies, or practices or opinions expressed by such third parties.
Your responsibilities in general
While it’s free to create a 24seven account and download our app, you’re still responsible for your healthcare expenses. Any charges for any medical or related services provided by health care providers will apply and will be entirely your responsibility. You are responsible for ensuring that all information you provide to 24siete is accurate and up to date, including your insurance information. Some Services may not be available through 24siete or your Health Care Provider based on a number of factors, including your participation in insurance. Ultimately, you must resolve any dispute between you or any Health Care Provider arising out of any transaction hereunder directly with the Health Care Provider.
You are responsible for all use of the Services and all use of your Credentials, including use by others to whom you have provided your Credentials. You may only use the Services for lawful, non-commercial purposes. If your use of the Services is prohibited by applicable laws, then you are not authorized to use the Services. You may not use the Services in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any third party’s use and enjoyment of the Services. You may not attempt to gain unauthorized access to any of the Services, user accounts, or computer systems or networks, through hacking, password mining, or any other means. You may not aggregate or index, directly or indirectly, any Content or portion of the Services (including, without limitation, Health Care Provider Content, appointment availability, pricing information, and Insurance Content) for any purpose.
You are also responsible for reviewing and complying with the terms set forth in our Acceptable Use Policy and Community Standards.
In addition to our rights in these Terms of Use, we may take any legal action and implement any technological measures to prevent violations of the restrictions below and to enforce these Terms of Use, our Acceptable Use Policy, and our Community Standards.
Responsibilities of Health Care Providers and Others in the Medical or Health Care Industries or Health Care Specialists
If you are a Health Care Provider or other person or entity in the medical or health care industries, regardless of whether you maintain a 24seven Account or schedule or intend to schedule appointments through the Services, you acknowledge and agree that:
You will not use the Services to view, access or use, directly or indirectly, the price, availability or other Content for any purpose other than your personal use as a patient or prospective patient;
You will not use the Services to establish, attempt to establish or enforce, directly or indirectly, any agreement or coordination of prices charged for any product or service; the types, frequencies or quantities of any product or service offered; or the customer or categories of customers for any product or service, or engage or attempt to engage in pricing, production restriction, or allocation of customers or markets; and
You will not use the Services, directly or indirectly, to engage in anti-competitive, deceptive or unfair practices (including, but not limited to, booking fraudulent healthcare appointments), or violate applicable antitrust, competition or consumer protection laws or regulations.
Disputes between users
If there is a dispute between participants on this site or Services, or between users and any third party (including, but not limited to, Health Care Providers), you agree that 24siete has no obligation to become involved. In the event you have a dispute with one or more users or health care providers, you release 24seven, its directors, officers, employees, agents and successors from claims, demands and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with such disputes and/or our Services.
Telemedicine Services
You may be able to use certain telemedicine services through the Services, including but not limited to 24seven’s video service (“24seven Video Service”). 24siete is not a health care provider, insurance provider, or prescription fulfillment warehouse. In providing the 24seven Video Service, 24seven’s role is limited to making certain telehealth-related information available to you and/or facilitating your access to telemedicine services provided by Health Care Providers. 24siete is not responsible for the acts or omissions of such Health Care Providers, or the content of your communications with them. 24siete is independent of Health Care Providers and does not employ or exercise any control over the services provided by Health Care Providers, regardless of whether they use 24siete Video Service.
- THIRD PARTY LINKS AND SERVICES
9.1 Links to other websites
While using the Services, you may encounter links to other websites. These links are provided solely as a convenience to you and we do not endorse these sites or the products and services they offer. You acknowledge and agree that we are not responsible for the content or accuracy of these other websites. Although we attempt to link to trusted websites, they may contain materials that are objectionable, illegal or inaccurate and we will not be responsible for the legality or decency of the material contained in or accessed through such other websites. By using the Services, you release us and hold us harmless from any liability arising from your use of any third-party website or service. Your interactions with organizations and/or persons found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or persons. . You should make any investigation you deem necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that 24siete shall not be liable for any loss or damage of any kind incurred as a result of such dealings.
9.2 Third Party Software
We may incorporate third-party software as part of some of the Services, including but not limited to open-source third-party software. Your use of such third-party software is subject to any and all applicable additional terms and conditions governing such use provided by the third-party software provider. Where appropriate, we may provide additional notices related to third-party software, which, for example, may contain attribution and disclaimer notices applicable to third-party software.
9.3 App stores
You acknowledge and agree that the availability of our mobile application depends on the third-party stores from which you download the application (e.g., Apple App Store, Google Play, or other store or distribution platform (each, an “Application Provider”). Each App Provider may have its own terms and conditions that you must agree to before downloading mobile applications from such store. You agree to comply and your license to use our application is conditioned upon your compliance with such Application Provider terms and conditions. To the extent that other terms and conditions of such Application Provider are less restrictive than, or conflict with, the terms and conditions of these Terms of Use, the more restrictive or conflicting terms and conditions of these Terms of Use shall apply.
If you access the Services through an application (an “Application”) through an Application Provider, you acknowledge and agree that: (i) these Terms of Use are between you and us, and not with the Application Provider, and that we are responsible for the Services, not the Application Provider; (ii) the Application Provider has no obligation to provide maintenance and support services or to handle any warranty claims; (iii) the Application Provider is not responsible for dealing with any claims you or any third party has in connection with the Application; (iv) the Application Provider is a third-party beneficiary of these Terms of Use in connection with your use of the Application, and the Application Provider shall have the right (and shall be deemed to have accepted the right) to enforce these Terms of Use in connection with your use of the Application against you; (v) in the event that a third party claims that the Application or your possession and use of the Application infringes the intellectual property rights of that third party, 24seven, and not the Application Provider, shall be responsible for the investigation, defense, settlement and discharge of any claim of infringement.
- PAYMENT AND TRANSACTION PROCESSING
10.1 Payment and transaction processing in general
You may be permitted to use the Services to pay for the Services of the designated provider (as defined in Section 10.2), other products or services provided by the applicable Health Care Provider, and/or other payment obligations, including, for example, your insurance co-payments. In connection with such payments, we process your payment card information in accordance with our Privacy Policy. 24siete and/or its payment processing partner may charge the applicable Health Care Provider a transaction processing fee for our billing, collection and payment services (the “Transaction Processing Services”) performed in connection with such payment. Please note that any payment terms presented to you in the process of using or subscribing to a paid service or transaction processing services are considered part of these Terms.
10.2 Appointed Supplier Services
Certain Health Care Providers may provide through the Services information about the price of your health care and related products and services (“Designated Provider Services”), and allow you to use the Services to pay for such Designated Provider Services.
Before scheduling an appointment for Designated Provider Services, please carefully review (a) the pricing information and (b) all products and services that are included and excluded in each Designated Provider Service. Health Care Providers must provide the applicable Designated Provider Service at or below the price stated at the time of scheduling (“Designated Price”), unless otherwise agreed separately by you. Health care providers may offer, offer, or provide services in addition to or different from the designated provider’s services. You and your health care providers are responsible for agreeing on the price of any additional or different services. 24SIETE IS NOT RESPONSIBLE FOR YOUR OR ANY HEALTH CARE PROVIDER WHO DOES NOT ACCEPT THE PRICE OF ANY ADDITIONAL OR DIFFERENT SERVICES.
10.3 Payment of your financial obligations under your insurance coverage and benefits
Certain Health Care Providers may allow you to use the Services to pay all or a portion of your financial obligations under your insurance coverage and benefits (the “Insurance Payment Services”).
While we strive to provide accurate Insurance Content (e.g., your co-payment obligation), we do not warrant and disclaim all warranties that the Insurance Content is correct. You acknowledge that the Insurance Content is provided by the insurance provider or through a third party clearing house. Please also note that (a) the contents of the insurance are constantly updated (for example, to reflect amounts you may have previously paid for your deductible), (b) you are likely to receive an explanation of benefits (or similar document) from your insurance company after receiving services from your health care provider, and (c) you may ultimately owe your health care provider more than the amount you paid through insurance payment services.
10.4 Transaction Processing
The transaction processing fee shall not exceed the fair market value of the Transaction Processing Services provided by 24siete and its payment processing partner. Health care providers may charge you separately for additional or different products or services.
You acknowledge and agree that:
you are responsible for and will pay the Designated Price for the Designated Provider’s Services charged through 24seven by the applicable Health Care Provider, as well as such other amounts that the applicable Health Care Provider may charge through 24seven for any additional or different services provided during or related to the applicable appointment;
remains responsible for paying all amounts required by law and/or contract (e.g., health plan agreement), including all cost-sharing obligations (such as, but not limited to, copayments, deductibles, and other coinsurance obligations);
if you use our Transaction Processing Services, 24siete may process your payment and may do so in collaboration with our payment processing partner;
24siete is not responsible for charges incurred for products or services provided by the Health Care Provider, including any Services from the designated Provider;
24siete is not responsible for any charges filed for processing by health care providers;
in the event that you dispute any fees chargeable or charged through 24siete by a Health Care Provider, you will resolve such dispute directly with the applicable Health Care Provider;
If you use our Transaction Processing Services, you may be required to agree to our payment processing partner’s terms of use and privacy policy with respect to the Transaction Processing Services. Currently, we use Stripe, Inc. as our payment processing partner. You can access Stripe’s Terms of Service at https://stripe.com/us/checkout/legal; and
promptly review all charges processed through the Transaction Processing Services and promptly notify 24siete to the extent you have any questions, concerns or disputes; In no event may you raise questions, concerns or disputes after twelve (6) months from the date of the applicable transaction; and
We are not responsible for any errors or other acts or omissions of the payment processor. You further acknowledge and agree that neither 24siete nor our payment processing partner shall be liable if we or our payment processing partner are unable to complete a transaction for any reason, including but not limited to:
(a) if you have not provided us with accurate, current and complete payment information;
(B) if you do not have sufficient available funds or available credit to complete the transaction;
(c) if you do not have an active payment card, or if we are unable to confirm your payment card information or identity;
(d) if your account with us, your account with our payment processing partner, your access to the Services, or your access to our payment processing partner’s services has been terminated or suspended for any reason;
(e) if we or our payment processing partner have reason to believe that the requested transaction is unauthorised; or
(f) if we cancel or suspend the services we provide to the applicable Health Care Provider.
- REVIEWS AND OTHER CONTENT YOU POST OR SUBMIT
You will have the opportunity to submit feedback about your experiences with Health Care Providers you encounter through the Services, submit inquiries about potential medical needs, and participate in other interactive or community features of the Services (collectively, “Posted Information”). It is important that you act responsibly when providing published information. Your posted information must comply with our Acceptable Use Policy, and your health care provider reviews must comply with our published guidelines, as well as any internal policies we may develop and implement from time to time. Please note that while 24siete may moderate the Information posted (including, but not limited to, reviews by health care providers) to meet the requirements of this paragraph, 24siete does not endorse or confirm the accuracy of statements made in such posted Information; The information published reflects only the views or opinions of the author, and not 24 seven.
Please note that all of the following licenses are subject to our Privacy Policy to the extent they relate to Posted Information that is also your personally identifiable information.
By posting Posted Information through the Services, you agree and grant, and represent and warrant that you have the right to grant 24siete and its affiliates, agents and contractors an irrevocable, perpetual, royalty-free, fully sublicensable, fully paid-up worldwide license to use, copy, publicly perform, digitally perform, publicly display and distribute such posted information and to adapt, edit, translate, prepare derivative works, incorporate into other works and fully exploit such published information. You represent and warrant that you have all rights to grant us such licenses without infringing or violating the rights of any third party, including, but not limited to, privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights. . You may not post posted information that is false or fraudulent, or that otherwise does not accurately represent your opinions and experiences.
You understand and agree that 24seven, in taking the technical steps necessary to provide the Services to our users (including you), may need to make changes to your Posted Information to meet and adapt that Posted Information to the technical requirements of connecting networks, devices, services or media, and the above licenses include the rights to do so.
The information published is the sole responsibility of the person who originated it and does not reflect the opinion of 24seven. 24siete assumes no responsibility for the Posted Information or for any claims, liabilities or losses resulting from any Posted Information.
We also invite and encourage you to provide feedback and suggestions for improving the Services (“Feedback”). You may submit Feedback by emailing us, communicating with our social media accounts, or by other means of communication. Any feedback you send to us will be considered non-confidential and non-proprietary. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sublicensable, perpetual license to use and publish such Feedback for any purpose, without compensation to you.
- YOUR USE OF CONTENT
All Content is owned by us or our licensors and is protected by copyright, trademark, patent and trade secret laws, other proprietary rights and international treaties. You acknowledge that the Services and any underlying technology or software used in connection with the Services contain 24-seven proprietary information. We give you permission to use the Content only for personal, non-commercial purposes and do not transfer any intellectual property rights to you by virtue of allowing you to use the Services. You may print, download and store information from the Services for your own convenience, but you may not copy, distribute, republish (except as expressly permitted herein), sell or exploit the Content, or exploit the Services in whole or in part, for any commercial gain or purpose. Except as expressly provided herein, neither 24siete nor its suppliers grant you any express or implied rights, and 24siete retains all rights in the Services that 24siete does not expressly grant to you.
- DISCLAIMER
We created 24siete to improve patients’ healthcare experiences and we want to make your experience with 24siete exceptional. While we work hard to make that happen, you acknowledge that we have no control over or obligation to take any action regarding: (a) which users gain access to the Services, (b) what Content you access, (c) what effect the Content may have on you, (d) how you may interpret or use the Content, or (e) what actions you may take as a result of being exposed to the Content. You release us from all liability for your use or inability to use any Content. We and our licensors, suppliers, partners, parents, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contracted employees, representatives and agents, and each of their respective successors and assigns (24seven and all such parties together, the “24 Seven Parties”) make no representations or warranties with respect to suggestions or recommendations of services or products offered or purchased through the Services, and 24 Seven Parties shall not be responsible for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We have no special relationship or fiduciary duty to you.
WE (AND OUR LICENSORS AND SUPPLIERS) PROVIDE THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO EXPRESS OR IMPLIED WARRANTIES ABOUT THE CONTENT OR SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD PARTY NETWORKS) AT TIMES OR PLACES YOU CHOOSE. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF THE INFORMATION PROVIDED BY USERS OF THE SERVICES OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH HEREIN, 24SIETE MAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS ACCESSIBLE THROUGH THE SERVICES OR ANY OTHER SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. 24SIETE DOES NOT WARRANT THAT THE SERVICES WILL OPERATE UNINTERRUPTED, ERROR-FREE, ERROR-FREE, OR DEFECTIVE, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE SERVICES OR SOFTWARE WILL BE FREE OF COMPUTER VIRUSES, CONTAMINANTS, OR OTHER HARMFUL ELEMENTS.
- GENERAL LIMITATION OF LIABILITY
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TERMINATION OF YOUR 24SEVEN ACCOUNT. IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE SERVICES, REGARDLESS OF THE FORM OF THE ACTION, EXCEED THE GREATER OF: (a) THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID TO CREATE OR MAINTAIN A 24SEVEN ACCOUNT FOR USE OF THE SERVICES, O (b 50 Bs; EXCEPT THAT, FOR ANY AND ALL CLAIMS RELATED TO OR ARISING OUT OF YOUR USE OF THE TRANSACTION PROCESSING SERVICES, IN NO EVENT SHALL OUR CUMULATIVE LIABILITY THEREFOR, REGARDLESS OF THE FORM OF THE ACTION, EXCEED THE TOTAL AMOUNT OF TRANSACTION PROCESSING FEES, IF ANY, REMITTED TO AND WITHHELD BY 24SIETE TO PROVIDE TRANSACTION PROCESSING SERVICES FOR APPOINTMENTS MADE BY YOU IN ALL SIX (6) MONTHS PRIOR TO THE EVENT THAT GAVE RISE TO THE CORRESPONDING CLAIM.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE) SHALL ANY 24SIETE PARTY BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIM FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, ANY OTHER COMMERCIAL DAMAGE OR LOSS, ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGIES, OR MEDICAL SERVICES, MALPRACTICE OR NEGLIGENCE OF HEALTH CARE PROVIDERS USED THROUGH THE USE OF THE SERVICES, OR ANY MATTER BEYOND OUR REASONABLE CONTROL, INCLUDING WHETHER WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED HEREUNDER TO THE MAXIMUM EXTENT PERMITTED BY LAW.
YOU SHALL, AND HEREBY, WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542 OR ANY SIMILAR LAW OF ANY JURISDICTION, WHICH SAYS IN SUBSTANCE THAT “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECTS TO EXIST IN ITS FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT, IF KNOWN, IT WOULD HAVE SIGNIFICANTLY AFFECTED ITS SETTLEMENT WITH THE DEBTOR OR THE RELEASED PARTY.”
- TERMINATION
If you are not using the Services in accordance with this Agreement, we reserve the right, if we determine it is best, to terminate, suspend and/or deactivate your 24siete Account immediately, without notice, if there has been a violation of this Agreement, our Acceptable Use Policy, our Community Standards, or other policies and terms posted through the Services by you or someone using your Credentials without authorization. We may also terminate, suspend or deactivate your 24seven Account for any other reason, including inactivity for an extended period. 24siete shall not be liable to you or any third party for any termination, suspension or disabling of your access to the Services. You further agree not to attempt to use the Services after such termination, suspension or deactivation (except where the deactivation is solely due to inactivity, and you are permitted to create another 24-seven Account). Account termination may result in the destruction of any content associated with your 24-seven account. Sections 1 – 6, 9 – 18 and any other provisions which, by their nature, should survive termination of these Terms of Use shall survive any termination or expiration of these Terms of Use.
24siete reserves the right to investigate and, at our discretion, take appropriate legal action against anyone who violates these Terms of Use, including but not limited to removing any offensive communications from the Services, terminating the Account of 24seven such violators, or blocking their use of the Services.
- INDEMNIFICATION
At our request, you agree to defend, indemnify and hold harmless the 24 Parties from all liabilities, claims, damages (actual and consequential), demands and expenses, including reasonable attorneys’ fees, arising out of or related to (a) your use of the Services; or (b) violation of this Agreement (including, without limitation, these Terms of Use, the Acceptable Use Policy, and the Community Standards); or (c) the violation of any intellectual property or other right of any person or entity; or (d) by anyone using your Credentials without authorization. The foregoing indemnification obligation does not apply to liabilities, claims and expenses arising as a result of our own gross negligence or willful misconduct.
- ARBITRATION AGREEMENT
We look forward to resolving any disagreements you may have with 24seven. But if there is a dispute that needs to be resolved, that process will be conducted according to this section. Please read the following AGREEMENT TO ARBITRATE carefully, as it requires you to arbitrate certain disputes and claims with 24seven and limits the manner in which you can seek 24-seven relief. Both you and 24siete acknowledge and agree that, for purposes of any dispute arising in connection with the subject matter of these Terms of Use, 24siete officers, directors, employees and independent contractors (“Personnel”) are third-party beneficiaries of these Terms of Use, and that by accepting these Terms of Use, Staff shall have the right (and shall be deemed to have accepted the right) to enforce these Terms of Use against you as third party beneficiary thereof.
17.1 Arbitration Rules; Applicability of the Agreement to Arbitrate
The parties shall use their best efforts to resolve any dispute, claim, question or disagreement arising out of or relating to the subject matter of these Terms directly through good faith negotiations, which shall be a precondition for either party to initiate arbitration. If such negotiations do not resolve the dispute, it will be finally resolved by binding arbitration at the Supreme Court of Justice in Ciudad Guayana, Alta Vista. The arbitration shall proceed in Spanish, in accordance with the then-current Arbitration Rules and Procedures, by a commercial arbitrator with substantial experience in resolving intellectual property disputes and commercial contracts. The arbitrator shall be selected from the appropriate list of arbitrators in accordance with these Rules. Judgment on the award rendered by such arbitrator may be entered in any court of competent jurisdiction.
17.2 Cost of Arbitration
The Rules shall govern the payment of all arbitration fees. 24siete will pay all arbitration fees for claims of less than five hundred (500) bolivars. 24siete will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
17.3 Small Claims Court; Infringement
Both you and 24siete can file claims, if you qualify, in small claims court in Ciudad Guayana or any city in Venezuela where you live or work. In addition, notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to seek injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or potential infringement, misappropriation or infringement of a party’s copyright, trademark, trade secret, patent or other intellectual property rights.
17.4 Waiver of Trial by Jury
YOU AND 24SEVEN WAIVE ANY CONSTITUTIONAL OR STATUTORY RIGHT TO GO TO COURT AND HAVE A TRIAL BEFORE A JUDGE OR JURY. Instead, you and 24siete elect to have claims and disputes resolved by arbitration. Arbitration proceedings are usually more limited, more efficient and less costly than the rules applicable in courts and are subject to very limited review by a court. In any litigation between you and 24seven over whether to vacate or enforce an arbitration award, YOU AND 24SEVEN WAIVE ALL RIGHTS TO A JURY TRIAL and instead elect to have the dispute resolved by a judge.
17.5 Class or Consolidated Action Waiver
ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS AGREEMENT TO ARBITRATE MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL AND NOT A CLASS BASIS. THE CLAIMS OF MORE THAN ONE CUSTOMER OR USER MAY NOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. However, if this class action waiver or consolidated action is held invalid or unenforceable, neither you nor 24siete have the right to arbitrate; Instead, all claims and disputes will be resolved in court as set forth in (g) below.
17.6 Opt-Out
You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following address: Cita Médica 24/7, C.A., Attn: Av Caracas, local pb, sector Castillito, Guayana, Bolivar, within thirty (30) days of the first acceptance of these Terms. You must include (i) your name and residential address, (ii) the email address and/or telephone number associated with your account, and (iii) a clear statement that you wish to opt out of the arbitration agreement of these Terms.
17.7 Exclusive Place
If you submit the opt-out notice in Section 17.6, and/or in any circumstances where the above arbitration agreement permits you or 24siete to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party, and both you and 24siete agree that any judicial proceeding (other than small claims actions) will be commenced in the Supreme Court of Justice located in Ciudad Guayana, Alta Vista.
17.8 Severability
If the prohibition on class actions and other claims brought on behalf of third parties contained above is determined to be unenforceable, all of the foregoing language in this section of the Agreement to Arbitrate shall be null and void. This arbitration agreement will survive the termination of your relationship with 24seven.
- MISCELLANEOUS
18.1 Electronic Contracting; Copyright Dispute
Your affirmative act of using the Services and/or creating a 24seven Account constitutes your electronic signature of this Agreement, which includes our Privacy Policy, Acceptable Use Policy, and Community Standards. This Agreement and any other documents delivered in connection with the Services may be electronically signed, and any electronic signatures appearing on this Agreement or other documents shall be the same as handwritten signatures for purposes of validity, enforceability and admissibility.
Please visit our Acceptable Use Policy to review our copyright dispute policy.
18.2 SMS/Text Communications
By voluntarily providing your cell phone number to 24seven, you agree that 24siete may contact you by phone, SMS or MMS messages to send you information that we believe may be of interest to you to that phone number.
You hereby agree to receive such communications for transactional, operational or informational purposes, and you represent and warrant that each person who registers for the Services or to whom you provide a wireless telephone number has consented to receive 24-seven communications. You agree to indemnify and hold harmless 24siete from and against any claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising out of or related to your breach of the foregoing.
Message and data rates from your mobile phone service provider may apply and are subject to terms and conditions imposed by your carrier. You may opt out of receiving text messages at any time by adjusting the notification settings in your account or by following the instructions provided to do so. Please note that opting out of receiving all text messages may affect your use of the Services.
If you change or deactivate the phone number you provided to 24seven, you have an affirmative obligation to update your account information and phone numbers attached to your account to prevent us from inadvertently contacting anyone who acquires any phone number, previously attributed to you, and any new phone number you attach to your account may receive 24seven’s standard SMS messages unless you also cancel. the subscription through the above procedures.
18.3 Limitation of Claims
You may not bring any action arising under or relating to this Agreement, regardless of form, more than six (6) months after the cause of action arose; Actions brought thereafter shall be forever time-barred.
18.4 Severability
In the event that one or more of the provisions of this Agreement are held invalid, illegal or unenforceable for any reason, the remaining provisions of this Agreement shall not be affected. In addition, the invalid, illegal or unenforceable provision shall be replaced by a provision that most closely matches the intent of the parties underlying the invalid, illegal or unenforceable provision, except to the extent that such provision is invalid, legal and unenforceable, in which in the event that such invalid, illegal or unenforceable provision is limited or eliminated to the minimum extent necessary for the other provisions of this Agreement to be limited or eliminated. remain in full force and effect and enforceable.
18.5 Governing Law; Language
This Agreement shall be deemed to have been entered into, and shall be construed and enforced in accordance with the Laws of the Bolivarian Republic of Venezuela as applied to contracts entered into and performed entirely within Venezuela, without giving effect to the state’s conflict of laws statute. This Agreement and all documents referred to in it were drafted in Spanish and any translation thereof will not be binding on either party to the extent that they conflict with the Spanish versions.
18.6 Entire Agreement; Exemption
This Agreement and all additional terms, policies, rules, and guidelines posted through the Services, each of which are incorporated herein by reference, including the Privacy Policy, Acceptable Use Policy, and Community Standards, constitute the entire agreement between you and us and supersede all prior written or oral agreements. The failure of either party in any respect to exercise any right provided herein shall not be deemed a waiver of any other right hereunder.
18.7 Headings
The section headings in this Agreement are for convenience only, do not form part of this Agreement and in no way limit, define, describe, modify, interpret or interpret the meaning, scope or intent of this Agreement or any of the terms or conditions thereof. .
18.8 Assignment
We may assign this Agreement at any time, including, without limitation, to any parent, subsidiary or affiliate, or as part of the sale, merger or other transfer of our business or any assets to another entity. You may not assign, transfer or sublicense this Agreement to anyone else and any attempt to do so in violation of this section shall be null and void.
18.9 Eligibility
You must be 18 years of age or older, or the legal age to form a binding contract in your jurisdiction if that age is over 18, to create a 24seven Account or use the Services on your own. Children under the age of 13 may not use the Services. If you are between the ages of 13 and 18 or the applicable legal age in your jurisdiction, you may use the Services only under the supervision of your parent or guardian who has agreed to these Terms of Use. By using the Services on behalf of a minor child, you represent and warrant that you are the parent or legal guardian of such child, and that all references to “you” in these Terms of Use shall refer to such child or other person on whose behalf you are authorized to enter into these Terms of Use and you in your capacity as parent or legal guardian of such child or as an authorized party to that person.
If you do not qualify under these Terms of Use, you may not use the Services. Use of the Services is void where prohibited by applicable law, and the right to access the Services is revoked in such jurisdictions. By using the Services, you represent and warrant that you have the right, authority and capacity to agree to these Terms of Use. The Services are administered in the Bolivarian Republic of Venezuela. and are intended only for users in the Bolivarian Republic of Venezuela; any use outside the Bolivarian Republic of Venezuela, or use related to activities outside the Bolivarian Republic of Venezuela is prohibited and is at the user’s own risk. Users are responsible for compliance with local, state, or federal laws applicable to their use of the Services.