General terms and conditions of the website

LEGAL INFORMATION

In compliance with the provisions of article 10 of the Law 34/2002, of July 11th, on Information Society Services and Electronic Commerce, we hereby inform you that the entity providing the services through this Web Site (as defined below) is Centro Médico Open House S.L.U. (hereinafter, “Open House”), a company with Spanish nationality and social address in Madrid, C/ Atocha 117,1° izquierda, 28012 Madrid, CIF B-84896539, registered in the Mercantile Registry of Madrid, in Volume 31.145, Folio 61, Section 8, Page M-560537, inscription 8ª and with e-mail address [email protected]; entity authorized to provide health services through the web address www.openhouse.es (hereinafter, the “Portal”, “Web Portal”, “Web” or “Web Page”).

You can find the data related to the previous administrative authorization obtained by Open House to carry out its activity, as well as the identification of the competent body in charge of its supervision in the footer of the Web.

The health professionals who provide services at Open House belong to the Official College of Physicians of Madrid or the Official College of Physicians of Valencia. Information on the membership number and official academic or professional degree held by these healthcare professionals can be found here.

The European Union state of issue and, if applicable, homologation of these diplomas is Spain. The professional standard governing this profession is the Code of Medical Ethics, accessible here.

TERMS AND CONDITIONS OF USE

The purpose of these Terms of Use (hereinafter the “Terms”) is to regulate the access, navigation and use of the Web Page. The access, navigation and/or use of the Portal implies the acceptance of all the stipulations set forth in these Terms and Conditions and the knowledge of the provisions contained in the Privacy Policy and the Cookies Policy.
There are, however, certain services and contents accessible through the Web Portal, which may be subject to special conditions that may replace and/or supplement these Conditions.

The services and contents accessible through the Web are the following:

Corporate information about Open House.
Information about Open House clinics, services and activities.
Sending requests for information and / or consultation through the channels provided on the Web, in accordance with the provisions included in the Privacy Policy.
Booking and contracting of tests and/or medical consultations in relation to sexually transmitted infections through the channels provided on the Web.

USER STATUS

User” shall mean the person who accesses, browses and uses the Web Portal, the services and/or the contents hosted therein.
The navigation, access and use of the Web Portal do not require prior registration, however, there are certain services offered through it, whose access will be necessarily conditioned to the registration and acceptance of particular conditions that will govern the referred service.
The services and contents offered by Open House through the Web are exclusively addressed to people over 16 years old.

USO

To access the Portal and the services offered therein, you will need a device that meets the requirements of hardware and software compatibility (which may vary over time) and Internet access. The User shall be aware that these factors may influence the performance of the Web Portal and/or the possibility of accessing the services offered therein. Open House is not responsible for the impossibility of access or deficiencies in the functioning of the Web Portal and/or of the services offered through it due to the use of inadequate devices, or due to Internet service interruptions derived from network saturation or any other reason beyond Open House’s control.

The User expressly agrees not to :

Store, use, transmit or disseminate cracks, program serial numbers or any other content that infringes the intellectual property rights of third parties.
Distributing viruses over the Internet, worms, Trojans or any other destructive activity, such as saturation, mailbombing, etc. or denial of service attacks.
Engaging in activities that disrupt or interfere with the effective use of other people’s network resources.
Collect and/or use personal data of other Users without having the legitimacy to do so or in contravention of the provisions of the regulations on data protection.
Share the access codes provided (in the event that the same was registered as a User of a particular service that requires it) with another natural or legal person.
Destroy, alter, render useless or in any other way damage the data, contents, materials, programs or electronic documents of Open House or third parties available in the Web.
Obstructing the access of other Users through the massive and unjustified consumption of the computer resources through which Open House makes the Web available and/or provides any of its services, as well as carrying out actions that damage, interrupt or generate errors in such systems.
Use the Web to try to access restricted areas of the server, without Open House’s authorization.

The User shall be responsible for:

Maintain the confidentiality of the keys provided to you, if applicable.
Provide truthful and correct information to Open House and/or its clinic staff. Any error in the data provided will be your sole responsibility. In the same way, the User shall be responsible for keeping updated all the information provided to Open House, so that it corresponds, at every moment, to the real situation of the User.
The damages that may be caused to Open House or to third parties due to the data provided, as a consequence of the use of non-updated, false or untrue data and/or due to the use by third parties of the User’s personal passwords.
In the event that the User obtains a copy of his/her clinical data, he/she shall be solely and exclusively responsible for the use and custody of such information.

INDUSTRIAL AND INTELLECTUAL PROPERTY

The design, images, labels, distinctive signs, commercial name, brands, logos, products and/or services, etc. contained in the Web are protected by industrial and intellectual property rights owned by Open House, and it cannot be understood that the use or access to the Web Portal and/or to the services provided therein, attributes to the User any right over the mentioned design, images, labels, distinctive signs, commercial name, brands, logos, products and/or services.
Likewise, the Web, its source code, its graphic design and the contents accessed through it are the object of industrial and intellectual property rights owned by Open House and/or third parties, without being transferred to the User in any case.
Open House is the owner or licensee of all the rights over the content of the Web Site and the services offered through it. Access to the Web or its services does not grant Users any right or ownership over the intellectual or industrial property rights of the contents it contains. The User acknowledges and accepts that the reproduction, communication, distribution, modification, alteration and/or use of the contents of the Web, whether for personal, private and non-profit purposes or for commercial or lucrative purposes, is strictly prohibited.
Open House reserves the right to exercise the corresponding legal actions against the Users who violate or infringe the intellectual and industrial property rights.

AVAILABILITY AND MODIFICATION OF SERVICES

The information, contents or services offered through the Web are those that Open House decides at any time and may vary over time. Therefore, there is no obligation on the part of the latter to keep the services available. Likewise, Open House will be able to cancel the access to the services, totally or partially, to those Users who do not comply with the present Conditions or the particular conditions applicable to such services. Open House may add new functionalities to the Web and/or modify the current Conditions.

WARRANTY AND LIABILITY

Although Open House uses systems compatible with most of the existing technologies in the market, it cannot guarantee the compatibility of the devices used by the User. Open House does not guarantee the availability and continuity of the functioning of the Portal or of the services offered therein. Therefore, it shall be exempt from any liability arising from access to and use of the Web or the services offered through the same (performance failures, interruptions or delays in the operation of the services, system or line failure, etc.), even if any failure or malfunction causes damage to computer tools of third parties. In this sense, the User accesses the Web and the services under his sole responsibility.
The services offered through the Web Page comply with the provisions of the Spanish legal system.
Open House is released from any responsibility in case of improper use of the Portal and/or services by the User. Open House will not be responsible in case of unavailability of the services due to force majeure or temporary suspension of the services due to technical reasons. Therefore, Open House shall not assume any responsibility for the damages or losses that the Users may suffer as a consequence of events that could not have been foreseen, or that could have been foreseen as inevitable, either by fortuitous event or force majeure.
Open House is not responsible for any failure, technical error, accident, breakdown, manipulation, interruption in the services or any other incidence that may arise in products, equipment or technical services not belonging to Open House whose use is necessary for the access to the services or contents offered in the Web.
Although Open House has acted diligently and has adopted the necessary measures, according to the state of technology, to avoid possible breaches in the security of the Portal, the absolute impossibility of vulnerability of the adopted security measures cannot be guaranteed.
Open House is not responsible for the legality of other websites of third parties from which the Portal can be accessed. Open House is not responsible for the legality of other websites of third parties that may be linked or linked from this Portal. Open House will try, as far as possible, to update and rectify the information hosted in its Web, exempting itself from any responsibility for the damages that third parties could allege due to the inaccuracy of such information, always within the limits regulated by the applicable law.
As far as health-related information and contents are concerned, these are provided for information purposes only and Open House recommends the User to always act under professional medical advice and the User agrees not to make any decision based on this information and/or content.
The User assumes that, in case of taking decisions based on the information provided in the Web, the responsibility will be exclusively his own, not being able to make any claim against Open House for the consequences of the decisions taken.

ACCESSIBILITY

The following measures were adopted in the preparation of the Portal:

Use of CSS (cascading style sheets) for the presentation of information.
Use of metadata.
Usable, intuitive and alternative navigation systems.
Alternative descriptions in the images.
Verifications in the visualization with different browsers and devices.
Use of universal and alternative formats.
Links provide details of the function or destination of the hyperlink.
Use of W3C (World wide Web Consortium) standards.
Access through keyboard shortcuts to the main commands.
Web design adapted to the size of the browser screen so that the Portal is properly displayed on mobile devices.

The pages of this website comply with the AA mark according to the UNE 139803:2004 Standard and the Accessibility Guidelines for Web Content 1.0 of the W3C. All Priority 1 and Priority 2 requirements and a subset of the Priority 3 requirements have been tested with manual accessibility analysis through different semi-automated tools, user agents and specialized technicians.

JURISDICTION AND APPLICABLE LAW

These Conditions shall be governed by and construed in accordance with Spanish law. Any controversy that may arise from access to or use of the Web Page shall be subject to the exclusive jurisdiction of the Courts and Tribunals of the city of Madrid, without prejudice to the application of any mandatory provision to the contrary, in which case the content of the same shall apply.

Terms and conditions of service

INTRODUCTION

These general terms and conditions (hereinafter, the “Terms”) regulate the services of (i) face-to-face medical tests and/or consultations at the Open House clinics and (ii) remote self-testing and online medical consultations offered by Open House (collectively, the “Services”). A description of the current Services is available on our website: www.openhouse.es (the “Website”). Face-to-face medical testing services will be performed at Open House clinics.

These Terms provide information about the provision, delivery and contracting process of the Services described and the rights and obligations of the parties in connection with such Services. If you believe there are any errors in these Terms, or if you have any questions, please contact us.

These Terms together with the particular terms and conditions agreed between you and Open House constitute the contract between the parties (the “Contract”).

SUPPLY AND CONTACT

The Services are provided by Centro Médico Open House S.L.U. (hereinafter, “Open House” or “we”), a Spanish company with registered office at C/ Atocha, 117, 1° izquierda, 28012, Madrid. Open House can be reached at [email protected] and through the phone number +34914294959.
In the event that we need to contact you, we will do so via the e-mail, telephone or postal address you have provided.

SERVICES

The testing service, both on-site and remote, is performed using reliable and validated laboratory equipment, with qualified laboratory personnel; however, we cannot offer any guarantee as to the accuracy of your test results. The on-site medical consultation service is provided by qualified and duly accredited physicians in Spain. If you have any questions regarding your test(s) or results, we encourage you to speak with a healthcare professional, either through one of Open House’s physicians or another qualified medical professional.
It is important to read and understand the information we have provided on our Website before using our Services. Refer to the Web for guidance on the use of the Services, including when to test (as testing too early may increase the likelihood of a false negative result). Please consult an Open House physician or other medical professional if you have any questions.
Open House also offers remote medical consultation and testing services. Through the Web, it is possible to schedule a remote medical consultation with qualified and accredited doctors in Spain that will be carried out through a computerized video call platform, as well as to purchase a sample collection kit for the autonomous remote testing of sexually transmitted infections.

In order to access the remote medical consultation and testing service, you must register for the service through the means provided on the Website, provide the necessary personal data requested and proceed to pay the Price (as defined below) in accordance with these Terms.

After you have completed your remote medical test order, you will receive two emails. The first will be a confirmation of your order and the second will be an email with a tracking and tracing code, which will allow you to track the delivery of your package, which will be made only in the Iberian Peninsula and Balearic Islands. If your order is placed before 16:00 hours (CET), you will receive it, as a general rule, within the next working day. If placed after that time, your order will be delivered within two working days. If you are not at the address indicated at the time of delivery, the order will be delivered to the nearest collection point.

To send samples taken through the remote medical test sample collection kit to the laboratory you have two options:

Drop off the kit at a UPS collection point. In the kit you will find a return envelope with a pre-printed label and you just have to drop the package at any UPS collection point.
Send an e-mail to [email protected] to arrange a pick-up at the address you provide (Iberian Peninsula and Balearic Islands only) with the following information: name of the person who will deliver the package, pick-up address, including city and zip code, return envelope tracking number, contact telephone number and the day and time range when you will be available to deliver the package to the courier. The transport company does not guarantee to pick up the order within the requested hours, but may pick it up until 21:00 (CET) on the requested day.

In both cases, samples will be sent to the laboratory free of charge.

Interactions with Open House physicians through the video-consultation service or remote medical tests are not intended, in any case, to replace personalized face-to-face care if deemed necessary by you or your attending physician.

As part of the medical consultation service, and subject to the attending physician’s discretion, medication and medical tests may be prescribed. The service does not include the price associated with medications or tests that may be prescribed, which will be billed separately.

The remote services offered by Open House through the Web are exclusively addressed to people over 16 years old.
To ensure the quality of the video call and a good patient care experience, you are responsible for ensuring a stable Internet connection. In case of doubt, please contact Open House who will inform you of the necessary technical requirements.

You can obtain more information about our Services on the Web.

OBLIGATIONS OF CUSTOMERS

You agree to use the Services diligently and in accordance with applicable law.

In particular, you must observe the following rules:

Not to make fraudulent use of the Services.
Provide Open House with complete, accurate and current information.
Not to treat or disclose personal information of third parties without complying with current legislation on data protection.
Not to impersonate any person in the use of the Services.
Use the kits to perform the medical tests remotely by auto-testing in accordance with the indications provided by Open House.

In the event that you fail to comply with your obligations you shall be liable to Open House for any third party claims or convictions, penalties and/or fines imposed on Open House by the courts or other competent bodies as a consequence of your breach of this Agreement.

Open House reserves the right to suspend the access to the Services to the customers who do not comply with the obligations regulated in this Section.

CONTRACT

Our acceptance of your order for the Services and, therefore, confirmation that the Contract has been concluded occurs when you receive a confirmation email from Open House. This email will list the contracted Service and contain an order number, which you should quote in any subsequent correspondence with us. If we are unable to accept or cancel your order, we will inform you, and there will be no charge for the Service (or a refund of any charges you may have incurred).

This could be for one of the following reasons:

not authorized for payment;
temporary or permanent interruption of the Service you have selected;
unforeseen limitations of our resources;
identification of an error in the price or description of the Service;
technical problems or modifications to the Service;
updates to the Service to reflect relevant legislative changes or requirements;
Open House lead times are significantly longer than originally estimated.

MODIFICATION AND CANCELLATION OF SERVICES

Please inform us by email at [email protected] or by phone at 914294959 for Services at the Madrid clinic or 961644913 for Services at the Valencia clinic if you wish to modify or cancel your order. We will inform you if the change is possible and, consequently, any modification related to the Price, the delivery times of the Services or any other factor affecting your order. Based on this, you will need to confirm to us whether you wish to proceed with the proposed change. If we are unable to make the change or you do not wish to proceed with the change taking into account the changes in the contractual terms, you have the option to terminate the Agreement in accordance with the provisions below.
Your right to modify or terminate the Contract will depend on the Service contracted and whether or not it has been provided in a deficient manner. Please review the deadlines below for each Service.

Medical consultation service and/or tests in one of our clinics. You may cancel or reschedule an appointment at no additional cost if such change or cancellation is made up to twenty-four (24) business hours prior to the scheduled reservation time. Please note that the working hours of the clinics are from 10:00 to 14:00 hours (CET) and from 16:00 to 20:00 hours (CET) from Monday to Friday in our Madrid delegation and from 11:00 to 14:00 hours (CET) and from 16:00 to 19:00 hours (CET) in our Valencia delegation, except on declared holidays. If the appointment is cancelled after the twenty-four (24) hour period prior to the scheduled appointment time has begun, Open House reserves the right not to refund the Fee or offer you the possibility to reschedule the appointment.
Remote medical consultation and/or testing service. If you have not yet booked your appointment, you may cancel the online medical consultation service within fourteen (14) days of booking such service or, if you have booked your appointment, such cancellation or rescheduling may be made up to twenty-four (24) business hours prior to the scheduled booking time. The right to cancel or reschedule under the terms described herein may be exercised with the right to reimbursement and without additional costs.

You may cancel the remote medical test service by self-testing within fourteen (14) days of your contracting with the right to a full refund and without giving any explanation of the reasons for such cancellation. The period of fourteen (14) days begins upon receipt of the e-mail confirming your purchase and the right of cancellation can be exercised by any means by means of an explicit declaration. If you have already received the kit, you must return it, assuming the costs, without delay and, in any case, within fourteen (14) days after the cancellation of the service in the same conditions with the seal intact to Centro Médico Open House, Calle Grabador Esteve 26, 46004 Valencia. The amount to be refunded will be reduced by the shipping costs of the kit or, if you decide not to return the kit or a part of your order, the costs of the components not returned. The refund will be made, unless otherwise agreed, through the payment method used to make the original transaction within fourteen (14) days of your decision to cancel the service.

PRICE AND PAYMENT

The price of the contracted service (including, if applicable, the delivery of the sampling kit) shall be the price indicated at the time of acceptance of the order on the Website (the “Price”). The Price of the Services shall include applicable taxes and fees. Payment of the Price must be made in Euros.

We take reasonable precautions to ensure that the Price of the service indicated to you at the time of order acceptance is correct. However, it is possible that, despite our best efforts, a service we offer may appear on the Web with an incorrect Price. When the correct Price of the service on the date of your order is lower than the Price indicated on the Web on the date of your Order, we will charge the lower amount. If the correct price of the Service on the date of your Order is higher than the price indicated, we will contact you to inform you of this and to let you know how you would like us to proceed before accepting your Order, and you may terminate the Agreement, in which case, you will be refunded any amount you have paid.

We accept Visa, Discover Network, American Express and Mastercard credit and debit card payments, as well as PayPal, Google Pay, Apple Pay and iDeal. You must pay the Price for the service before we provide it.

LOSSES AND DAMAGES

If we fail to comply with the terms of this Agreement, Open House will be liable for loss or damage you suffer that is a foreseeable consequence of our breach of this Agreement or failure to provide the service with reasonable care and attention. Without limiting the foregoing, Open House is not liable for any loss or damage that is not foreseeable.
Open House does not exclude or limit in any way its legal liability to you. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud; or for violation of your legal rights in connection with the Services.
The Services are for personal use only and we are not responsible for any commercial loss.
Notwithstanding the foregoing, where permitted by law, our liability shall be limited to the market value of the Services provided.

CLAIMS

In case of claims or complaints regarding the Services offered by Open House, you can contact Open House through the telephone number +34914294959, the e-mail address [email protected] or the physical address calle Atocha 117, 1º izquierda 28012 Madrid. You may also have recourse to out-of-court dispute resolution mechanisms and the online dispute resolution platform accessible through www.ec.europa.eu/consumers/odr.

TRANSFER OF RIGHTS AND OBLIGATIONS

Open House may transfer its rights and obligations under this Agreement to another organization or person upon written notice to you. If you are not satisfied with the transfer, you may contact Open House to terminate the Agreement within two (2) days of notification and you will be refunded any Price payment you have made in advance for a service that has not yet been provided. You may not transfer your rights and obligations under this Agreement to any third party because these Services are of a highly personal nature.

DATA PROTECTION

The processing of your personal data is governed by the provisions of the Privacy Policy.

VALIDITY AND RESOLUTION

This Agreement shall remain in effect as long as you have contracted Open House Services. The parties may terminate the Contract in the event of breach of any of the contractual and/or legal obligations regulated in the same, without the remediable breaches having been remedied within thirty (30) calendar days from the date on which the party in breach required the defaulting party to remedy the same. The termination of this Agreement shall not affect the right of either party to claim the corresponding compensation for damages.

APPLICABLE LAW AND COMPETENT JURISDICTION

This Agreement is governed by its own terms and conditions and, in its absence, by Spanish law. In case of conflict in the interpretation of any of the provisions of the Agreement, the parties agree to resolve it amicably and, if this is not possible, they submit to the courts and tribunals of the city of the city of Madrid (for the Services provided in the Open House clinics located in Madrid) or of the city of Valencia (for the services provided in the Open House clinics located in Valencia), to the extent allowed by the applicable legislation, or of the domicile of the client (for the services provided remotely).

MISCELLANEOUS

The Agreement constitutes the final, complete and exclusive agreement between the parties relating to the subject matter hereof and supersedes any prior agreements or negotiations between the parties. Except for modifications in the Contract that do not affect its rights and obligations, any other modification in the Contract shall require its prior acceptance before the added, modified and/or deleted provisions become effective and fully applicable to the relationship between the parties.

Each section of this Agreement operates separately. If a court or competent authority decides that any of them are unlawful, the remaining sections shall remain in full force and effect.

If Open House does not immediately insist that you comply with this Agreement, or if we delay in taking action against you with respect to your breach of this Agreement, this will not prevent us from taking action against you at a later date.

If there is a conflict between the provisions of this Agreement and the Terms of Use of the Site, the provisions of this Agreement shall prevail.

The headings of the various sections are for informational purposes only, and shall not affect, qualify or expand the interpretation of this Agreement.