Updated on Thursday, July 1, 2024
These terms and conditions create a contract between you and EasyMD App (the «Agreement»). Please read the Agreement carefully.
The following terms and conditions («the terms and conditions») are applicable for the simple access or use of any of the applications or electronic pages that integrate the platform called EasyMD App, https//www.easymd.co (hereinafter referred to as “the platform”) through which services («the services») made available by EasyMD App, owned by Microsalud Sociedad Anónima, corporation duly incorporated under the laws of the Republic of Nicaragua by means of Public Deed number one hundred and two of Constitution of Corporation and Bylaws authorized in the city of Managua at eight o’clock in the morning of the twelfth day of September of the year two thousand nineteen before the notarial offices of Martin Moraga Cespedes, which is registered under the Unique Number of the Personal Directory MC00-22-009765 in entry 1 of the Public Registry of Real Estate and Mercantile Property of Managua.
When we refer to User, it is the person who uses the services provided through the platform. And when we refer to Microsalud, it is the company that owns the EasyMD platform whose registration data are mentioned in the previous paragraph, in case you do not agree with the terms and conditions, you must refrain from accessing or using the platform. By accessing, subscribing to and using the platform and the services contained therein and/or derived therefrom, the User expressly and irrevocably accepts the terms and conditions in the territory in which he/she is located. With this acceptance, he/she is expressly consenting to the same and is entering into an agreement for the use of the platform, whereby he/she declares to have read the content of each and every one of the provisions and ratifies its content.
Microsalud S.A. as owner of the EasyMD App platform may unilaterally modify the terms and conditions whenever it deems convenient and without prior notice, with the only obligation to notify such modifications through a message included in the platform. The modifications will be effective after the communication by Microsalud S.A., and your subsequent access or continued use after such communication constitutes your tacit and binding consent to these terms and conditions and their modifications.
EasyMD App is a brand within the company Microsalud S.A., whose main purpose is the creation, operation and commercial exploitation of the platform that aims to provide advice to any individual who has the need to be advised by a health professional.
The platform will allow you to receive advice from a health professional, through a video call, in which suggestions will be issued, which will only be understood as recommendations and in no case will be mandatory, since the user can attend them or not.
The use of the platform is absolutely voluntary, therefore, the user is free to follow the medical advice under his/her own responsibility.
The platform will resolve doubts in the approach to health problems, in such a way that the suggestions or recommendations issued by a health professional should not be considered as a definitive diagnosis or treatment, since at no time does the platform and recommendations replace a doctor in person. If necessary, a review by outside medical personnel or the use of emergencies is advised.
At no time shall it be understood that the purpose or objective of the platform is to provide medical services but to serve as a digital intermediary between users and health professionals. By means of electronic communication involving the use of interactive telecommunications equipment that includes, as minimum equipment, audio and video.
2. Quality in the provision of services and payment.
The use of the platform is solely the responsibility of the user and in the event that he/she feels unsure about his/her health condition, he/she should consult a doctor in person, or go to the hospital or clinic of his/her preference to obtain an appropriate and comprehensive assessment.
Microsalud does not guarantee the quality, suitability and/or availability of the services provided by health professionals or any service requested through the use of the platform and through its use, the user expressly acknowledges and accepts that any and all risks derived from the use of services related to the platform are his/her own, expressly releasing MicroSalud and the EasyMD brand from any present or future liability that may arise related to the use of the platform. In this sense, MicroSalud through EasyMD shall not be liable before users, health professionals or any person related to them, for any kind of damage or claim derived from deficiencies in the services provided by health professionals, or for any error, omission and/or falsehood in the information provided by the user, either through the platform or any other means.
Data will be collected regarding your health history; as well as the history of close family members, in order to provide appropriate care. Your cooperation and honesty with respect to this data is of utmost importance in order to provide effective, timely and appropriate medical advice. Microsalud and the medical personnel that performs the assistances are not responsible for the consequences derived from the conscious or unconscious omission of data related to your medical history or personal data. In case the doctors who provide the assistance service indicate to the patient that the attention or evaluation of a specialist doctor or any other health professional is required, it will be the patient’s responsibility to make the corresponding follow-up and to go in person to the external personnel mentioned above. In case of refusal, Microsalud and its medical staff, nor the health professionals affiliated or using the platform, are not responsible for the consequences derived from this decision and the patient will not be subject to receive any type of payment or compensation for this concept.
By accepting these terms and conditions, the User expressly waives the right to file any type of claim, lawsuit, lawsuit or legal proceeding before any Nicaraguan authority against MicroSalud and the EasyMD brand, as well as any person related and/or affiliated to MicroSalud through the EasyMD platform, including, without limitation, directors, attorneys, representatives, administrators, employees, shareholders and/or agents, present or former, for any act that derives, or may derive, from the use of the platform, or any service derived from such use.
The subscription prices to the Platform service are published on the Site and at the time of subscription may vary based on a special agreement, which must be authorized in writing by Microsalud or by a promotional code to be determined, published and accepted at the time of payment on the Site.
Microsalud has the power to modify the fee charged for the service once a year, in terms of readjustment. This fee cannot increase by more than 10% per year, and its purpose is simply to compensate for the effects of inflation. In the event that Microsalud wishes to modify the fee for a previously contracted service, the User will be notified at least one month in advance, so that the User can recover his/her information and leave the service if he/she does not agree.
3. Acceso a la plataforma y limitaciones de la misma.
The Platform service consists of allowing the User access to the online use of the Platform for the administration of offices or clinics during the period of time contracted and while maintaining renewing the service after each expiration.
The User, when contracting the Platform service, does so with a maximum number of doctors to access the Platform. The User agrees not to access the Platform with more users than indicated in the contract.
The User may not copy, modify, distribute, sell or lend any part of our Services or the Platform, including applying reverse engineering techniques or attempting to extract the source code of the software of the Platform.
You may not misuse our Services. For example, you may not interfere with such Services or attempt to access them using a method other than the instructions provided. You may only use the Services to the extent permitted by applicable laws and regulations. Microsalud has the right to suspend or cancel the Services if you do not comply with the policies or conditions specified herein or if it is considered that the conduct of the User may be malicious.
The use of our Services does not make the User the owner of any of the intellectual property rights of the Services or the content accessed. You may only use the content of our Services if authorized by its owner or if permitted by law. These conditions do not grant the User the right to use the trademarks and logos used in our Services. The User agrees not to remove, hide or alter the legal notices displayed on the Platform. In connection with the use of the Platform, the User may receive service notices, administrative messages and other information.
4. Limitation of liability for Microsalud.
Microsalud provides medical and psychological services through its own qualified personnel, as well as access to pharmacies, laboratories and third party specialists. However, the inclusion of health professionals in the Platform’s directory does not imply recommendation or endorsement of them by EasyMD. Any opinion, treatment, product, procedure, diagnosis or prescription made by doctors and health professionals to the User through the Platform is independent and does not reflect the opinions of Microsalud, being the decision and responsibility of the User to follow such recommendations, releasing Microsalud from any liability in this regard.
The User is responsible for any agreement made with any health professional of the Platform.
Microsalud, its affiliates or distributors shall not be liable for any direct, indirect, incidental, consequential, special, derivative or punitive damages, nor for loss of profits, revenue, data, financial or other losses arising out of or in any way connected with the use of the Platform service. In no event shall the User have any claim against Microsalud and the User’s sole remedy for dissatisfaction with the service is to cease using the service.
Microsalud shall not be liable to Users, health professionals or any person related to these, for any kind of damage or claim arising from deficiencies in the services provided by health professionals or for any error, omission and/or falsehood in the information provided, either through the Platform or any other means.
By accepting these terms and conditions, the User acknowledges that the medical services provided through the Microsalud platform are provided by both Microsalud’s qualified personnel and independent third parties. EasyMD acts as a contact platform between the User and the Health Professional, therefore the User expressly releases Microsalud from any liability associated with the advice, recommendations or other information provided by Health Professionals through the Platform.
5. License.
Subject to your compliance with these Terms and Conditions, Microsalud grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use. Microsalud and its licensors reserve any rights not expressly granted herein.
6. Third-party sites and content.
From The Platform, you may be redirected to content on third party websites. Since The Platform can not always control the content posted by third parties on their respective websites, assumes no responsibility for such content. In any case, proceed to the immediate removal of any content that could violate national or international law, morality or public order, proceeding to the immediate withdrawal of the redirect to that website, bringing to the attention of the competent authorities the content in question.
The Platform is not responsible for the information and content stored, including but not limited to, in forums, chats, blog generators, comments, social networks or any other medium that allows third parties to publish content independently on the EasyMD website. However, , is available to all users, authorities and security forces, actively collaborating in the removal or, where appropriate, blocking of all content that may affect or contravene national or international law, the rights of third parties or morality and public order. In the event that the user considers that there is any content on the website that could be susceptible to this classification, please notify the website administrator immediately.
This Platform has been checked and tested for proper operation. In principle, the correct operation can be guaranteed 365 days a year, 24 hours a day. However, Microsalud does not rule out the possibility of the existence of certain programming errors, or the occurrence of force majeure, natural catastrophes, strikes or similar circumstances that make it impossible to access the Platform.
IP Addresses
The Platform’s servers may automatically detect the IP address and domain name used by the user. An IP address is a number automatically assigned to a computer when it connects to the Internet. All this information is recorded in a duly registered server activity file that allows the subsequent processing of the data in order to obtain only statistical measurements to know the number of page impressions, the number of visits to web servers, the order of visits, the access point, etc..
7. Compatibility of electronic devices and electronic prohibitions.
The optimal operation of the Platform requires at least a browser or browser Google Chrome (LR), Mozilla Ïirefox (LR), Internet Explorer (version 8 or higher).
However, the programs, equipment and computer networks used by the User and those in which the Platform operates, are tools for processing and transmitting data that, by their nature, are subject to failures, either in its own operation or in their programs; contingency to which any person is exposed, whether the administrator or provider of such tools and that does not disappear by virtue of the acceptance of these Terms and Conditions.
Therefore, to the maximum extent permitted by law, Microsalud is not responsible for the lack of availability and effective operation of The Platform; of its lack of usefulness, adequacy or validity to satisfy needs, activities or concrete results or expectations of the visitors or Users; of the existence of virus, malicious or harmful programs; the unlawful, negligent, fraudulent, contrary to these terms, good faith, generally accepted uses and / or public order of the Site by visitors or users, nor the lack of legality, quality, reliability, usefulness and availability of promotions, products and services provided by third parties and made available to visitors or users of the Website.
Microsalud through EasyMD undertakes not to publish, share, transmit, sell or distribute in any way, the information entered by the User to the Platform in compliance with the Privacy Policy of EasyMD which is in accordance with the established in our legislation regarding the Personal Data Law.
The criteria on the privacy policy of the Platform are framed in:
Use of the information provided: Personal information is defined as information provided by the user in the contact forms, which includes data such as: name, age, gender, address, contact number, email. The user acknowledges that the entry of personal information is done on a voluntary basis.
The User may modify or update the information provided at any time, in order to improve the service you can receive from the Platform. In any case the information will only be used to inform users about changes in content, or report changes in the service to which they have registered.
The fundamental objective is to guarantee and protect the privacy and confidentiality of the personal data of users, in accordance with the legislation in force in Nicaragua. The personal information provided by the User is not visible to the general public. At no time and under no circumstances will Microsalud through EasyMD publish the contents of e-mails, or exchange e-mails among its visitors/users.
The User acknowledges that his/her participation and publication of comments in the forum and blog spaces and/or any other participation space, will be under his/her exclusive responsibility. Microsalud is not responsible for any consequence derived from the undue entrance of third parties to the database and/or for any technical failure in the operation and/or conservation of data in the system in any of the sections of the page.
The User will be able to access medical services provided by medical specialists through the Platform. These medical specialists are not employees or contractors of EasyMD; however, EasyMD conducts a medical credentialing and identity verification process before the specialists are made available on the Platform. When scheduling a consultation, basic patient information relevant to the medical context will be shared. Patients have the option of consulting the specialist virtually through the Platform or scheduling a face-to-face appointment at the specialist’s physical location.
By making use of third party medical services provided through the Platform, the User acknowledges and agrees that EasyMD assumes no responsibility for the quality, suitability, availability, or results of the services provided by such medical specialists. Any liability, claim or demand arising in connection with the medical care provided by these specialists shall be solely between the User and the relevant specialist physician.
To facilitate appointment management and scheduling, EasyMD uses Google Calendar. When scheduling an appointment through the Platform, certain patient information, such as name, date and time of the appointment, will be shared with Google Calendar to allow for proper scheduling and appointment reminders. The User acknowledges and agrees to the transfer of this information to Google Calendar in accordance with Google’s terms and conditions of use.
EasyMD is committed to protecting patient privacy and sharing only the information strictly necessary for appointment scheduling. The responsibility for the handling of this information by Google Calendar falls under Google’s privacy and security policies, being said entity the responsible for data processing in the context of scheduling.
(App’s) use and transfer to any other app of information received from Google APIs will adhere to Google API Services User Data Policy, including the Limited Use requirements.
In order to carry out maintenance work on the Platform, EasyMD reserves the right to suspend access and/or modify the content, as well as to eliminate or disable access to the platform without prior notice.
Access to the platform depends on the availability of the network, so EasyMD shall not be liable for any inability to access it, arising from circumstances beyond its reasonable control, as well as fortuitous events or force majeure.
The User acknowledges that the professionals that appear in the directory of the Platform are not employees or have any type of contractual relationship as service providers with EasyMD, nor do they have a company, association, or legal entity analogous to the above, so they have no obligation whatsoever to such physicians or health specialists, of a labor, tax, civil or any other nature.
For the interpretation and compliance of these TERMS AND CONDITIONS, the parties expressly submit to the competent Laws and Courts in the city of Managua, Republic of Nicaragua.
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