1. INTRODUCTION
Through the VISUAMED website -owned by TECHER TEAM, S.L.- (hereinafter, the " Website ") you can access the VISUAMED platform (hereinafter, the " Platform "), to enjoy the virtual reality services and content (hereinafter, the " Services " or the " Content "), in accordance with these terms and conditions of use (hereinafter, the " Terms and Conditions ").
The Terms and Conditions set forth herein are established between the user of VISUAMED (hereinafter, the " User " or " Users" ) and TECHER TEAM, S.L., a company with registered office at Avda. Marqués de Sotelo, 9-9 (46002 - Valencia, Spain), registered in the Mercantile Register of Valencia (Spain) in Volume 10669, Book 7950, Folio 51, Section 8, and page V-187.662 and with Tax Identification Code B-40580771 ( hereinafter, the " Service Provider ", " Service Provider" or " TECHER TEAM ") and constitute a legally binding agreement, where the contracting conditions and the rules of use of the set of elements of the Platform that are made available to the User together with the technology associated with the same will be regulated.
The Service Provider reserves the right to modify, at any time, the Terms and Conditions, in whole or in part, in which case you will be required to expressly accept such changes in order to continue using the Platform and the services associated with it.
Please read these terms and conditions, together with the Legal Notice, Privacy Policy and Cookie Policy which are available on this website.
2. THE PLATFORM
By accessing the Platform, through the user account, the Service Provider allows Users to transform files with health-related audio-visual content into files that can be used in virtual reality devices, as will be duly developed in the section 6 of these Terms and Conditions.
By accessing or using the Platform, the User confirms that he/she has read, understood and accepted the Terms and Conditions of Use set forth herein on his/her own behalf.
The Service Provider reserves the right to modify, at any time, the presentation, configuration and content of the Platform, including the right to remove or alter material displayed on the Platform. Such modifications shall be deemed effective immediately upon their publication on the Platform. Access to and use of the Platform, following the entry into force of any such modifications or changes, shall be deemed to constitute acceptance of such modifications or changes.
3. USER ACCOUNT AND CONTRACTING OF SERVICE SUBSCRIPTION PLANS
3.1.- Users and Accounts
Access to the content of the Platform requires prior registration and a user account (hereinafter the " Account ") to which only the User (hereinafter the " Account Holder ") will have access and, in the event that permissions are granted, authorised users will also be able to access.
The Service Provider grants the Account Holder the possibility to allow access to his Account to other Users (hereinafter " Authorised Users "). The Account Holder shall determine the permissions of the Authorised Users:
In any case, the Account holder, independently of the Subscription Plan contract, may contract with the Service Provider the right to grant permissions to third parties by creating Authorised Users. The duration of the access permissions, and consequently of the Authorised Users' accounts, shall be SIX (6) months. In the event that the Account Holder is interested in granting new permissions and, consequently, creating new Authorised Users or re-granting access to certain persons, he/she must contract such permissions directly with the Service Provider and must, in any case, create new Authorised Users.
In accordance with the provisions of the Privacy Policy , during the registration process, the Service Provider shall check, inter alia, the identity, age and circumstances of Users and Authorised Users and, where applicable, the academic or professional credentials of all such Users. The Service Provider shall not be liable for any falsehood or inaccuracy of any kind arising from the data entered by the User.
For the purposes of this section, it should be noted that the registration of any User will imply the provision of a series of data to the Service Provider, which may be of a personal nature. In this regard, the Service Provider will treat your personal data with the utmost rigour and respect, in accordance with the provisions of the Privacy Policy.
3.2.- Subscription Plans
In addition to having registered, the User necessarily requires an active subscription with the Service Provider (hereinafter the " Subscription ") in order to have access to an Account. The subscription plan must necessarily be contracted by the User prior to the opening of his Account, following the instructions indicated on the Platform.
The Service Provider offers the following subscription options (hereinafter referred to as the " Subscription Plan " or "Subscription Plans "):
1.- Subscription per clinical case: this Plan will allow the User to store in his/her Account a single file with a clinical case (hereinafter, the " Case ") in order to view it on compatible devices.
2.- Subscription by packages of clinical cases: this Plan will allow the Account Holder to store various files in their Account, each containing a Case, in order to be able to view them on compatible devices. The Service Provider reserves the right to configure the number of Cases included in each package, in which case the User will be informed of the corresponding offer prior to contracting the Subscription Plan.
In accordance with the provisions of section 6 of these Terms and Conditions, the User shall send the media files corresponding to a Case to the Service Provider via his or her Account so that the Service Provider can digitally process them and transform them into a file that can be downloaded to the Compatible Devices for viewing.
Each Subscription Plan entitles the User to keep the contracted Cases archived in his/her Account for a period of ONE (1) year (hereinafter referred to as the " Initial Term "). The Initial Term Period shall commence at the time when the Service Provider makes available to the User in his Account the content duly processed and ready for download and use on the compatible devices.
In the event that the User wishes to keep the Cases in the Account for a longer period of time, the User shall pay the Service Provider a maintenance fee for each of the Cases (hereinafter referred to as the " Maintenance Fee "). The payment of the Maintenance Fee shall entitle the User to extend the Initial Term by SIX (6) months.
The method of payment shall be as set out in the section of4.1 these Terms and Conditions.
In accordance with the provisions of this section, the Service Provider offers Users various Subscription Plans. The User's choice of a particular Subscription Plan shall not preclude the possibility of contracting another Subscription Plan additionally and simultaneously, and the User may file as many Cases as he/she deems appropriate in his/her Account.
3.3.- Contracting of Subscription Plans and Authorised Users
The User who is interested in contracting a Subscription Plan must contact the Service Provider by means of the corresponding form on the Website.
The Service Provider shall, depending on the number of Cases requested by the User and the number of Authorised Users he/she wishes to include in his/her Account, make him/her an offer for the contracting of VISUAMED services (hereinafter, the " Offer ").
The Service Provider shall send the User a binding Offer containing the following information:
Once the contract between the User and the Service Provider has been signed, a copy of the contract will be available in the User's Account, in the corresponding section of the User's profile, and will also be made available by e-mail to the address provided by the Account Holder.
If the Account Holder is interested in allowing access to his Account to additional Authorised Users, or in case the accesses of the initially contracted Authorised Users have expired, he shall contact the Service Provider in order to enter into a new contract for the Service Provider to grant him new permissions, and to create new Authorised Users.
3.4.- Promotional offers
In the event that the Service Provider makes discounts or promotional offers after the date on which the User subscribes to a Subscription Plan, the User shall maintain the prices indicated in the offer accepted when the Subscription Plan was contracted, without the possibility of updating the prices to subsequent discounts or promotional offers.
3.5.- Cancellation of the Subscription and the Account by the User and right of withdrawal.
At any time, the Account Holder may cancel his Subscription and cancel or terminate his Account.
If the Subscription is cancelled, the cancellation will come into effect automatically, so that from the moment the User confirms the cancellation, he/she will not be able to access any Case previously stored in the Account. However, the Account will remain open in case the User is interested in taking out a new Subscription Plan.
If the Account is cancelled, the Subscription for all contracted services, including permissions to Authorised Users, will be cancelled and the User will not be able to access the Cases archived in his/her Account.
Notwithstanding the foregoing, the User is informed that he/she shall not have the right to withdraw from the contract, as established in article 103 of the General Law for the Defence of Consumers and Users, when the online digital content supply service is initiated at the request of the User.
3.6.- Suspension and cancellation of the Subscription and the Account by the Service Provider
The Service Provider reserves the right to suspend the User's Account and/or Subscription in the event that the User engages in activities contrary to these Terms and Conditions, or under similar circumstances.
In the event that an Account is suspended for more than SIX (6) months, the Service Provider reserves the right to terminate the Account.
4. PAYMENT AND INVOICING
4.1.- Payment of the Subscription Plan
After entering into any contract with the Service Provider, the User shall make a transfer to the bank account indicated by the Service Provider in the Contract itself for the full amount of the price.
The Service Provider shall notify the User by e-mail that the transfer of the agreed price has been successfully received.
With regard to the payment of the Maintenance Fee, the Service Provider, one (1) month prior to the end of the Initial Term, shall notify the User to transfer the corresponding price to the indicated bank account.
With regard to the payment related to the contracting of new or additional permissions to create Authorised User accounts, once the contract has been signed and the transfer has been received, the Service Provider will notify the User by e-mail that the agreed price has been correctly received, automatically including in the Account holder's profile the new invitations to register the new Authorised Users.
4.2.- Invoicing
The Service Provider will make the invoice for the contracted services available to the User once the contract has been signed by e-mail, although it will also be available in the corresponding section of the User's profile.
With regard to the maintenance fee, the Service Provider will send the User, by e-mail, together with the payment notification, the invoice for the maintenance of the services, which can also be consulted in the corresponding section of the User's profile.
In any case, the User will be able to consult all his invoices in his User profile from his Account.
4.3.- Unpaid amounts
The Account Holder shall be responsible for making the payments indicated in the above points.
In the event of non-payment of the contracted Maintenance Fee within the period indicated by the Service Provider in the corresponding notification, the Service Provider may suspend or, as the case may be, cancel the User's account and/or subscription until the User pays the price in accordance with the provisions of these Terms and Conditions.
4.4.- Refund policy
Unless required by applicable law, no refunds of payments will be made.
No credits, refunds, instalments or pro-rata billing will be offered for cancelled subscriptions.
5. USE OF THE PLATFORM
5.1.- System Requirements and Compatibility
To access and use the Platform, the User will need a computer, mobile device, media player or any other device with an Internet connection.
The functions offered by the Platform may vary depending on the device. The Service Provider reserves the right to change or discontinue compatibility with any hardware or software by giving prior notice to the User or, as the case may be, by modifying these terms and conditions of use. In the event that such modification is not included in the terms and conditions of use, such notice will be sent to the Account Holder by e-mail to the address provided by the Account Holder.
The User is responsible for any charges related to his or her Internet service. Your use of the Platform may affect your data consumption, depending on the terms of your agreement with your Internet service provider.
5.2.- Service updates
From time to time the Service Provider may provide the User with updates, bug fixes or other changes or improvements to the Platform (hereinafter " Service Updates "), which must be expressly accepted by the User.
For this purpose, it is indicated that Service Updates may be:
In the event that the User does not accept those Service Updates that are mandatory and/or necessary for the development of the Platform, the Service Provider reserves the right to suspend and/or terminate the Account in accordance with the provisions of these Terms and Conditions.
In the case mentioned in the previous paragraph, all damages arising from the suspension and/or cancellation of the Account shall be the responsibility of the User, without the User being able to claim or demand any compensation from the Service Provider.
6. THE USER ACCOUNT AND THE CONTENT OF THE PLATFORM
6.1.- Contents
The User, through the Platform, in his/her Account, will be able to access a set of files (the Cases) containing three-dimensional images that can be observed in virtual reality, mixed reality and augmented reality format, through compatible devices.
The Service Provider shall endeavour to ensure that the Contents are of the highest possible quality and reasonably up to date, but does not guarantee the usefulness, accuracy, completeness, relevance and/or timeliness of the Contents, nor the use to which they will be put, and disclaims any liability whatsoever.
6.2.- Contribution of Content by the User
The Content made available to the User on the Platform is audio-visual information related to clinical cases (such as surgical operations, training or communication with patients and relatives) previously provided by the User himself/herself, and which has been treated and processed by the Service Provider and returned to the Platform in a virtual reality format, suitable for use through compatible devices.
The User must upload to the Platform the sections and characteristics requested by the Platform, in accordance with the minimum quality standards indicated for this purpose. The Service Provider is not responsible for the information provided by the User without the quality standards.
The information provided on the Cases must be duly anonymised, and in no case may any reference, data or information that may infringe the rights of patients be found.
The User shall be solely responsible for and, therefore, must ensure that the information provided to the Service Provider complies with the regulations in force, and in particular, respects the data protection regulations, and respects all the rights of patients' own image, right to honour and to personal and family privacy that may appear in the files that he/she provides to the Service Provider for processing. In any case, the User shall ensure and shall be responsible for requesting the corresponding permissions.
In the event that the information provided by the User violates any rights of any patient, the Service Provider is exempt from any liability.
During the processing of the information provided by the User, the Service Provider shall be authorised to carry out a legality check on the Content. By way of example, but without limitation, the Service Provider may carry out checks in relation to:
6.3.- Transfer of rights
At the time a User transfers information to the Service Provider for further transformation into Platform Content, he/she is granting the Service Provider a worldwide, non-exclusive, royalty-free, royalty-free, transferable, sub-licensable licence to use the Content in any way that is convenient for him/her, together with any intellectual property rights -including the ability to reproduce, distribute, transmit, modify, transform, display, communicate to the public and/or other Platform Users, and perform it- for any purpose whatsoever.
The User shall be responsible for ensuring that all data and information made available to the Service Provider is up to date with any obligations of any kind, in particular with regard to the protection of personal data. In this respect, the Service Provider shall not be liable for the User's failure to comply with the corresponding obligations.
6.4.- Transformation of User-supplied content
The Content made available to the User on the Platform shall consist of the Cases, i.e., multimedia files provided by the User himself/herself which have been previously processed and transformed by the Service Provider.
The Service Provider shall inform each User of the approximate time it will take to carry out the transformation from the moment the User provides the data, without ever exceeding the limit of 4 calendar days (hereinafter, the " Maximum Limit ").
The Service Provider may delay the transformation of the Content provided by the User beyond the time initially indicated due to technical issues, updates, unforeseen events or other similar causes, or even due to national, regional or local holidays applicable to the Service Provider. In these cases, the Service Provider will give the User sufficient notice so that the User is aware of the delay in the transformation of the Content.
In accordance with the provisions contained in this paragraph, the Service Provider shall not compensate the User for delays in the processing of the content provided by the User, except if the Maximum Limit is exceeded.
In case of exceeding the Maximum Limit, the Service Provider shall compensate the User with a discount of 20% of the price indicated for the Maintenance Fee of the Case that has suffered the delay in the transformation.
6.5.- Making the Content available to the User
The Content will be made available to the User through his or her Account on the Platform.
Once the Case has been uploaded to the Account, initially, only the User will have access and, in case there are Authorised Users, they will also be able to access the Cases to which the Account Holder has given access.
6.6.- Simultaneous playback possible
In accordance with these Terms and Conditions, downloading of the Content shall not imply the association of the Content with a single Supported Device for playback.
Consequently, the simultaneous use and playback of the same Case on multiple playback devices shall be permitted, provided that the Account holder has set the permissions of the Cases to the Authorised Users accordingly.
6.7.- Compatible playback devices
In order to use the Content of the Platform, the User must have a device that is compatible with the reproduction of the same. For information purposes only, but not limited to, a list of Compatible Devices for playing the Platform Content and a link to the website of the device manufacturer are made available to the User:
The Service Provider shall not provide the User with any of the Compatible Devices, nor shall the Service Provider be liable for the requirements of the device manufacturer for the use of the device, or for any defects in the device, or for its non-functioning or malfunctioning.
Regardless of the need for an Internet connection to access the Platform, an Internet connection is also required to access and download the Content from the Supported Devices. The User will only be able to play the Content offline if it has been previously downloaded to the Compatible Devices.
6.8.- Prohibitions on the use of the Content
The User may not make use of the Content included on the Platform if he/she does not have an active account and, under no circumstances, may use the Content fraudulently or for purposes other than those provided for herein, i.e., reproduction on compatible devices.
In the event that it does so, the Service Provider reserves the right to take any legal action it deems appropriate, and the offending party shall be liable for all damages, including loss of profit, caused to the Service Provider.
6.9.- Exemption of the Service Provider from liability for the usefulness of the content of the Cases and the use made of it by the User.
The purpose of making the Content of the platform available to the User is for the User or his Authorised Users to use it for educational, teaching or planning purposes for medical-surgical interventions in the healthcare field.
Under no circumstances does the Service Provider guarantee that the Content that may be used by Users is correct or guarantee the correct training of the professional who uses it.
The Service Provider shall not be liable for any consequences arising from the use made by Users of the information provided by the Platform. Consequently, the User shall be solely responsible for his or her actions with respect to the information displayed in the Content.
To this effect, the User affirms that he/she is aware that the Content of the Platform will be used exclusively for planning operations, or for teaching purposes.
6.10.- Advertising
The Platform may include advertising for other brands, services, products, companies or any commercial organisations.
To this end, the Service Provider does not endorse third party products or services or support third party advertisers displayed on the Platform, nor is the Service Provider responsible for them.
Any interactions that may occur between the User and advertisers as a result of the use of the Platform shall be between the User and such advertiser, and the Service Provider shall have no liability with respect to such interaction, or any consequences arising from such interaction. Users further agree that the Service Provider shall not be liable for any claims or losses arising from their interactions with an advertiser.
7. USER PUBLICATIONS ON THE PLATFORM: DATA PROTECTION AND INTELLECTUAL PROPERTY RIGHTS
As indicated in these Terms and Conditions, the User, according to his Subscription Plan, may transmit to the Service Provider multimedia files to be transformed into Cases which will be archived in the User's Account in a format readable by the Compatible Devices. The Service Provider is not responsible for the accuracy of the information and data that Users have included in the Cases.
In addition, the Platform provides Users with the opportunity to transmit photos, ratings and videos or to publish and exchange information, content, ideas and opinions (hereinafter referred to as " Postings "), provided that the stipulations regarding the transmission of Content between Users, contained in these Terms and Conditions of Use, are respected.
Please note that the Service Provider shall have the right, but not the obligation, to screen and monitor Content and Postings. In addition, the Service Provider may decide to remove Content or Postings that it deems offensive or that do not comply with these Terms and Conditions before displaying them on the Platform.
The Postings do not reflect the views of the Service Provider and the Service Provider is not responsible for any consequences that may arise in respect thereof.
You warrant that (i) you have all necessary rights in and to your Postings and all material, content and information contained therein and the content you transmit to the Platform, and you warrant that they do not infringe any proprietary rights, intellectual property rights or any other rights of any third party; and that (ii) you will not upload or post sexualised content, obscene materials, hate speech and other objectionable, offensive, illegal or otherwise harmful materials to the Platform.
In any case, if any User notices that any content on the Platform may violate these Terms and Conditions, he/she can make use of the Service Provider's complaints channel by sending an email to info@visuamed.com.
8. SENDING OF COMMUNICATIONS
By using the Platform, you consent to the Service Provider sending you emails, text messages, notifications on the Platform, pop-up notifications or any other electronic communication about your account.
You also agree to receive electronic promotional messages, offers, surveys and other materials. The User understands that text messages, calls or pre-recorded messages may be generated by automatic telephone dialling systems. In order for the User to purchase our products or services, the User is not required to agree to receive these promotional messages.
If at any time you are no longer interested in receiving these promotional communications, you may unsubscribe in one of the ways detailed below:
9. MISCELLANEOUS
The Service Provider may modify the Terms and Conditions, in whole or in part, by posting any changes in the same form in which these Terms of Use appear or through any form of communication to users.
The temporary validity of the present conditions coincides, therefore, with the time of their exhibition, until they are totally or partially modified, at which time the modified conditions will come into force.
The declaration of any of the clauses contained in these Terms and Conditions as void, invalid or ineffective shall not affect the validity or effectiveness of the remaining clauses, which shall remain binding between the parties. The failure of the Service Provider to exercise any right or provision of these Terms and Conditions shall not constitute a waiver thereof, unless acknowledged and agreed to in writing.
In the event that the Platform is sold to a third party, the new Service Provider may maintain or modify these Terms and Conditions.
In the event of a breach by the User of these Terms and Conditions and the Service Provider does not take immediate action, this shall not amount to a waiver of any rights the Service Provider may have, e.g., to take action in the future.
10. APPLICABLE LAW AND COMPETENT JURISDICTION
These conditions are governed by Spanish law and, unless otherwise established in the applicable regulations (including consumer and user regulations), any dispute shall be submitted to the Courts of the city of Valencia (Spain).
Spanish text Last update: February 2022