Legal Notice

0. INTRODUCTION

This document (together with the documents mentioned), establishes the conditions and use of the webpage www.operarme.com and the contract of the services offered.

Through this web Premium Health & Wellness S.L.U offers the Users, Clients and Patients, medical, surgical and sanitary services related to the diagnosis, prevention and treatment of illnesses in the area of private medicine through the contract and coordination of the different personal and material elements needed for it, offering it to the consumers, such as:

  1. Information about Operarme.es
  2. Information about specialities offered
  3. Information about the cities where we offer our services
  4. Access to client's opinions
  5. Information about payment methods
  6. Information about hospitals
  7. Information about the doctors
  8. Access to the private area
  9. Access to the blog
  10. Access to the news
  11. Possibility to subscribe to the companies newsletter
  12. FAQ's
  13. Access to the legal texts, privacy policies and general conditions of the contract.

1. RIGHT OF INFORMATION

According to the right of information taken in article 10 of Law 34/2002 from July 11th of Information services to the society and electronic commerce, the following data is shown:

The company Premium Health & Wellness S.L.U (from now on “Operarme.es”) has been legally established in Spain, with CIF number B54665195. It is registered in the Commercial Registry of Alicante, volume 3643, sheet 153, page A-132237, first inscription.

The headquarters of the society is in Avenida de Burgos, 109, 28050 - Madrid (Madrid). This is the address for post and for any communication. The society Premium Health & Wellness S.L.U is part of the Caser Group.

You can also contact the organization using the telephone number +34 91 141 33 56, or by email [email protected]

2. OBJECT OF THE COMPANY

Operarme.es offers medical, surgery and sanitary services related to the diagnosis, prevention and treatment of illnesses in the area of private medicine through the contract and coordination of the different personal and material elements needed for it, offering it to the users.

3. USE OF THE GENERAL CONDITIONS

The access and use of the webpage, services and contents obtained through it, the same as the services contracted are subject to the following text.

The access and use of the web are assigned to the user.

The access to this webpage, it's use and obtaining the medical-surgical services offered in it, presuppose the reading, knowledge and acceptance of this content. Likewise, in case that you contract our services, the contract implies and presupposes the reading, knowledge and acceptance of the Conditions of the Services Offered and of our Privacy policy.

Any act carried out against the mentioned texts will be considered null and void.

We recommend the users that once the texts have been read and if they do not agree with them and their content, not to contract the services of Operarme.es and/or stop making use of the webpage; otherwise they will be subject to the terms expressed in the same.

Operarme.es has the right to make any changes of the webpage with no previous notice with the aim of updating, correcting, modifying, adding or deleting content and/or services included in the same. We ask you to revise it before choosing our services, request an appointment with the doctor, and in the case you do not agree, cease using the web page. The changes will apply at the same time they are available to our users.

Operarme.es will not be responsible for the damages that could be caused to a client, patient or user due to a misuse or improper use from a third party or the doctors, professionals or hospitals that attend him, in this case, the responsibility is exclusively with them.

The user, client and patient of Operarme.es will be the only person responsible of the veracity of the information given through the contracts that Operarme.es offers; the false statements given are enough to deny the access to the webpage or web platform of Opeararme.es.

The user, client and patient of Operarme.es assumes the costs that could occur from the processes initiated against them for breach of the provisions of this text in the Conditions of Service Offered and privacy policy.

4. ACCESS AND USE RULES

Any person who access the webpage of Operarme.es and to any of their subpages or private area is obligated to access and make use of these in a correct and diligent manner, to respect the following rules and assume any responsibility that could be derived due to the breach of the same:

  1. The user is obligated not to falsify their identity
  2. The user recognizes and accepts that the use of the webpage is exclusively for a personal, private and particular aim.
  3. It is expressly forbidden that the user authorizes a third party to partially or totally use the webpage or that they include as a commercial activity, the content, products and/or services offered in the webpage of Operarme.es
  4. The user promises not to make use of the webpage Operarme.es, its contents, products and/or services, for the use of activities not accepted by law, against moral rules, against the good manners or public order and/or for unlawful purposes, forbidden or harmful rights and interests of a third party.
  5. The user is obligated not to spread, collect and/or manage the contents and/or services or products contained in the webpage Operarme.es and that are liable to infringe the rights of a third party or any rules of any civil, criminal, administrative or any other nature
  6. The user is obligated not to make any damages to the physical and logical systems of Operarme.es or in the ones of their suppliers and/or collaborators.
  7. The user is obligated to make use of the webpage Operarme.es only to (1) obtain information about our products and/or services; or (2) make consultations.
  8. Themuser is obligated not to contract our services in a fraudulent manner. If Operarme.es reasonably considers that such a contract has been submitted, it is authorized to cancel the contract and inform the corresponding authorities about it.

5. ACCESS TO THE WEB OPERARME.COM.

The search for products and/or services offered through the Webpage Operarme.es is free access for all the users of the web and does not apply any access restrictions to the consultation, unless a user does not comply with the provisions of this article and/or the privacy policies.

The access to our web is free, the exception is the cost of the connection that the user has with its supplier.

The access to the private area requires the registration of the user. If you request an appointment for one of our offers, according to the established procedure this needs to be through the area “Request an appointment”. Once registered the user will have access to the following information 1) active passes 2) passes paid 3) other passes 4) appointments 5) access to your personal data.

6. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

The commercial names, brands or distinctive signs (mix, figurative or denominatives) logos and/or symbols that appear in Operarme.es, belong to this webpage or to the legal representatives or to the people with previous authorization for the use by an interested third party, with the provisions applied in the Law of Brands 17/2001 from December 7th.

Currently Operarme.es has a Spanish brand registered “OPERARME.ES” number M 3065705(9)

In this same way, Premium Health & Wellness S.L.U is the holder of the domain www.operarme.es. The improper use of this domain in the economic and commercial traffic is an offense of the rights given for its registry, and will lead to legal consequences established by Law.

All the images, information, messages, graphics, drawings, sound and/or image files, photography, recordings, texts, videos or others including or that could be included in Operarme.es are protected by the corresponding authors rights, commercial or by a third party derived from the Intellectual Property Law.

In view of the foregoing text approved by the Intellectual Property Law 1/1986 from April 12th, it is expressly forbidden the copy, distribution, public communication and total or partial transformation of the content of this webpage for commercial aims, in any type of support and through technical media, without the written authorization of the authors of the mentioned contents.

The breach of the above will authorize Opearme.es to take legal actions.

Therefore all rights of the Industrial and Intellectual Property are reserved.

Operarme.es does not give licenses for the use or authorization of any of its industrial and intellectual rights over any property or rights, related with it's webpage, with the exception of an agreement with a third party. The users can copy the content of the web for the storage, security copies or for the print for private or domestic use.

In no circumstances will Operarme.es be responsible for the possible offences related to Intellectual and Industrial Property that the user can make from the rights derived from the works, designs, brands, patents etc. from the web.

It is especially forbidden:

  • The insertion of any content, service, image, etc from Operarme.es in any page or database that does not belong to Operarme.es without the written consent of Operarme.es. It is forbidden to insert any images issued in Operarme.es on another website.
  • The removal and use of the elements in Operarme.es causing or not a prejudice to this or to a third party, according to the current legislation.

The webpage has been designed by Coodex Marketing. This company reserves all the rights.

7. TRANSFER OF IMAGE RIGHTS

The people that could appear or could be recognized in any of the pictures and/or videos incorporated in Operarme.es have authorized this webpage its publication through the Internet or have informed a third party who has forwarded us the images.

In the contrary, the affected can inform Operarme.es and automatically a document will be issued where the person can authorize it or not, and in this case Operarme.es will immediately delete the image from the webpage.

Please, if you find yourself in this situation, follow the procedure established for the notification of offenses.

8. RESPONSABILITY BY THE CONTENT IN THE WEBPAGES ACCESIBLE FROM THE WEB

Operarme.es is not responsible for any information, sale of products or online services, opinions and/or concepts issued, published, sold or distributed through any webpage interconnected and accessed through the links in Operarme.es

The establishment of the links does not imply the existence of any relation between Operarme.es and the owner of the linked webpage, neither the acceptance and/or approval by Operarme.es of the contents, products and/or services of that web and who’s responsibility will be the owner.

Therefore Operarme.es advises the user to be cautious in the valuation and use of the information, contents and/or services of the pages linked through Operarme.es.

On the other hand, Operarme.es is not responsible for the wrong use of the content of the linked pages, this is the responsibility of the person accessing or making use of it.

In this sense, any user of Operarme.es that is aware of the unlawfulness of the activities developed in the web pages of a third party, that are linked from our webpage, will have to inform us in order to deactivate the link to the same.

9. EXCLUSION AND RESPONSIBILITY RIGHT

Operarme.es reserves the right to deny and/or remove the access to the content, to the private area of the users, hospitals and/or professionals; and/or to the medical-surgical services contained in its webpage with no need of a previous notice, at own request or from a third party, to those users, clients and/or patients who breach this legal advice, the Conditions of the medical-surgical services offered or the privacy policies.

The user is conscious and voluntarily accepts the use of this webpage, its contents, its private area and/or acceptance of the medical-surgical services contained, and it is his own responsibility. Unless the Law stated otherwise and only in the way and extension stated, Operarme.es will be responsible regarding the access and use of the webpage by the users.

10. VIRUS, PIRACY AND OTHER IT ATTACKS

The user, hospital and/or doctors, cannot make inappropriate use of the webpage or private area of Operarme.es, introducing a virus, Trojan horse, worms, logic bombs or any other program or technologically harmful material.

Neither will they access without authorization to this web page, private area or server where this web page is allocated or any server, computer or database related to Operarme.es, and promises not to attack the web through “denial attacks of the services” or “denial attack of the distributed service”.

The breach of this clause can cause the infringements classified in our legislation, so Operarme.es reserves the right to communicate those infringements to the authorities and will cooperate with these to discover the identity of the attackers.

Operarme.es is not responsible for the damages or losses that may result from a denial attack service, virus or any other program or technological harmful material that can affect the computer, data or material of the user, as a consequence of the use of the web page, in the private area, the download of the content, although all the technological measures have been applied to avoid it.

11. GENERALITIES

Operarme.es will keep track of the breach of the conditions, the Conditions about the medical-surgical services offered or the privacy policies, as well as the inappropriate use of the web page, making use of all the civil, criminal and administrative actions that could legally correspond.

12. WRITTEN COMMUNICATIONS

The applicable rule requires that part of the information or communications forwarded to our users, clients and patients are in writing.

As a user, you accept that the communications with Operarme.es are electronic. Therefore, in order to contact you, Operarme.es will use the email or will provide information through the web page.

For legal effects, the user accepts to use this electronic media for communication and recognizes that any contract, notification, information and other communication that are electronically forwarded fulfill the legal requirements.

This condition will not affect the rights recognized by Law.

13. ILLEGALITIES AND NOTIFICATIONS PROCEDURE

Operarme.es respects and protects the privacy of its users, clients and patients, as specified in the privacy policy, hereby attached. Likewise, respects and protects the industrial and intellectual property of a third party. Therefore we request the same respect.

In case that any user, client, patient or a third party considers that acts and/or circumstances reveal the illegal character of the use of any content, service, offer, specialists, medical-surgical intervention, hospital, selection procedure of the service or any other circumstance contained in the web page, will have to contact Operarme.es in the email address: [email protected].

The email address should state the supposed illegal activity and you will have to attach the documents as proof of it's identity and location.

This procedure should be followed when it is referred to a supposed offense of the industrial and intellectual property; image rights of the identified or people that could be identified or the protection right of the personal data, precisely and concretely describing the content protected and it's exact location.

Once the email is received Operarme.es will contact the sender and will act according to avoid these reported infringements.

14. NULITY

If any clause of the present legal advice of the Conditions about the medical-surgical services offered in our web, or our privacy policy are declared null or without effect in all or part by any Court, the other stipulations will remain valid.

15. APPLICABLE LAW AND JURISDICTION

The applicable Law in case of dispute or conflict in the interpretation of the terms that make up this legal advice, the Conditions about the medical-surgical services offered in our web, our privacy policy or any other matter related to the products, services and/or contents of the present web page will be the Spanish Law.

16. EUROPEAN PLATFORM FOR THE RESOLUTION OF E-COMMERCE PROBLEMS

We inform our consumers that from February 15th 2016 you have at your disposal the online platform to resolve disputes for all the countries of the European Union, including Spain. In the case of Spain, the European commission has designed the European Center of the Consumers assigned to the Spanish Consumer Agency, Alimentary and Nutrition security, as a contact point for the platform to assist and support the claims through the mentioned platform.

From the effective date of the 2013/11/UE of the European Parliament and Council from May 21st 2013, related to the alternative resolution of problems relating to consumer matters and Rule 524/2013 from the European Parliament and Council, we are obliged to inform you about the existence of a platform to our buyers. We inform our users that in case of any problem with a consumer of Operarme.es, there is available a new European process, easy, multilingual and accessible for the resolution of the same. It consists of:

  1. The consumer should access this platform and complete the claim form online. Once completed it will be sent from the same platform.
  2. The claim will be sent to Operarme.es who will suggest an alternative resolution entity to the problem.
  3. Once the consumer and seller have agreed on an arbitration entity to solve their problem, the platform will forward the claim to this entity.
  4. The arbitration entity will study the case and will propose a solution in a maximum of 90 days.