Legal Note

GENERAL TERMS OF USE OF THE WEBSITE

This website, https://healthincode.com (the “Website”) is owned and operated by HEALTH IN CODE, S.L. (hereinafter “HEALTH IN CODE”), whose complete details are as follows:

Address: C/ Travesía, 15E – BioHub Building, Marina de Valencia, CP. 46024 (Valencia/València)
Tax Identification Number (C.I.F): B98165723
Phone: +34 963 212 340
E-mail: info@healthincode.com

Company registered in the Commercial Register of Valencia, Volume 9066, Book 6350, Folio 80, Sheet V-134945.

HEALTH IN CODE has obtained the health authorization for its healthcare centres in Coruña (health registration number C-15-002226), Valencia (health registration number 9517), and Málaga (health registration number 50350), all granted by the respective Health Department of each autonomous community, which oversee the legal compliance of the requirements imposed on any healthcare centre in the country. Furthermore, for the Datagenomics and HiC Mutations platforms (in-house developed bioinformatics analysis software), Health in Code holds a healthcare license (reference number 8581-PS) issued by the Spanish Agency of Medicines and Medical Devices (AEMPS).

1. Purpose of the General Terms of Use

These General Terms of Use of the Website regulate the use of – including mere access to – the web pages that are part of the Website. Any user who accesses the Website agrees to be bound by the current General Terms in effect at the time of access to the Website.

The content and services provided by HEALTH IN CODE on the Website may also be governed by specific terms or specific agreements that, in case of conflict, shall prevail over the General Terms of Use (the “Particular Terms”). The User also submits to the corresponding applicable Particular Terms each time they request or use the respective content or service.

Therefore, the User must carefully read the General Terms each time they intend to use the Website as well as, if applicable, the corresponding Particular Terms each time they intend to use the specific content or service in question.

In any case, HEALTH IN CODE reserves the right to modify, at any time, the presentation and configuration of the Website, as well as these General Terms or the corresponding Particular Terms.

2. General Terms of Use

The use of any of the services offered on the Website attributes, from the beginning, the condition of User and will be considered an express, voluntary and unreserved acceptance of these General Terms of Use.

To access the services of this Website, in all cases where they are not free of charge or impose certain obligations, the User must be of legal age and have the legal capacity and representation necessary to be legally bound.

The User who accesses the Website must comply with these General Terms of Use and the special instructions for use presented to them at any given time. Furthermore, they commit to always act in accordance with the law, good customs, and the requirements of good faith, using due diligence appropriate to the nature of the service they are enjoying. When using the Website, the User undertakes not to engage in any conduct that could harm the image, interests, and rights of HEALTH IN CODE or third parties, or that could damage, disable, or overload the Website, or in any way hinder its normal use. Thus, the User may not modify or alter the contents of the Website in any way, except for the data entered by the User themselves, nor shall they in any way impair its integrity or operation. The User is aware and voluntarily and expressly accepts that the use of the Website is carried out in all cases under their sole and exclusive responsibility.

HEALTH IN CODE takes reasonably appropriate security measures to detect the presence of viruses. However, the User must be aware that the security measures of computer systems on the Internet are not entirely reliable, and, therefore, HEALTH IN CODE cannot guarantee the absence of viruses or other elements that may alter the computer systems (software and hardware) of the User or their electronic documents and files contained therein.

Personal data that users must provide to access the mentioned services will be subject to the general data protection legislation and, where applicable, to the healthcare regulations, as well as the Privacy Policy included on the Website.

HEALTH IN CODE may remove or suspend the User’s access to the Website if they fail to comply with any of the obligations expressed in these General Terms of Use. A User who intentionally or negligently breaches any of the above obligations shall be liable for all damages and losses caused to HEALTH IN CODE or a third party as a result.

By using the Website, the user declares and warrants that (i) they have all necessary rights to do so; (ii) all information they provide is accurate and true, (iii) their acceptance and compliance with these General Terms of Use do not violate any applicable law or any contract or obligation to which they are subject, and (iv) their data and use do not infringe or misappropriate the intellectual property rights, including copyright, trademarks, trade secrets, privacy rights, or publicity rights of any person.

Account and Login: If you have registered with the Service as an individual, to access and use the Service, you must establish a unique user ID and an associated password (“Login Credentials”), and you may not share your Login Credentials with anyone. If you have registered an account for the Service on behalf of a group of individuals, each member of the group must register for the Service, and the use by the group of a single set of Login Credentials will be restricted to the physical location where each member of the group is located. You are entirely responsible for maintaining the confidentiality of the information you possess for your account, including your Login Credentials, and for any activity that occurs in your account as a result of not keeping this information secure and confidential.

In the event of any changes to your account information, you must promptly update your account. Unless we expressly authorise you to do otherwise, you may not use the profile, username or password of another user of the Service. If multiple accounts are held by the same person, we may terminate them. If we have reason to believe that your account information is untrue, inaccurate, obsolete or incomplete, we may suspend or terminate your account.

The User has the obligation to provide HEALTH IN CODE with all necessary assistance to remedy defects in the Software Product.

3. Health in Code’s Liability

Due to the nature of the Software Product, for research use only (and not for use in diagnostic or therapeutic procedures), HEALTH IN CODE reserves the right to: (i) make modifications to the Website, as well as to these General Terms of Use, and (ii) modify the technical parameters of the Software Product, if necessary for its full functionality.

On the other hand, and given the special nature of the medium chosen to communicate with Users, HEALTH IN CODE cannot assume responsibility for:

  1. The temporary inability to access the Website at a particular moment or to the specific information among those included on websites that the User accesses via hyperlinks located on the Website.
  2. The accuracy or timeliness of the content and information. The Website contains simplified information, or information written with the aim of making it easier for the average user to understand, and HEALTH IN CODE shall not be held liable for any misinterpretations that may arise from the information presented here, unless HEALTH IN CODE is negligent in the performance of its duties, as described in these General Terms.
  3. Access to sensitive patient information by multiple users through a shared generic email account.

HEALTH IN CODE will not be liable in any case for damages arising from fortuitous or unforeseeable events, nor for those resulting from the negligent behaviour of the User.

4. Intellectual and Industrial Property

All content, trademarks, designs, logos, icons, buttons, software, trade names, domain names, and any other signs or elements that may be subject to protection under intellectual and industrial property rights and are part of the Website are the property of HEALTH IN CODE, or of the public domain, or of third parties who have duly authorised their inclusion on the Website and who are listed as the authors or owners of the rights.

Under no circumstances shall it be understood that any licence is granted or any waiver, transfer, total or partial assignment of said rights is made, nor shall any right be conferred, in particular, the right to exploit, reproduce, distribute, transform or publicly communicate said content without the prior express written authorisation of HEALTH IN CODE (with regard to the design of the site or the use of the “HEALTH IN CODE” brand) or of the corresponding third parties.

Violations of any of the intellectual or industrial property rights referred to in this section will be pursued through criminal and civil actions as provided by the current legislation.

These General Terms of Use do not transfer any intellectual or industrial property rights over the Website or any of its constituent elements. The User is expressly prohibited from reproducing, transforming, distributing, publicly communicating, making available, extracting, reusing, forwarding, or using them in any way, by any means or procedures, except in cases where it is legally permitted or authorized by the owner of the corresponding rights.

The User may view and obtain a temporary private copy of the content for their exclusive personal and private use on their computer systems (software and hardware), provided it is not for the purpose of engaging in commercial or professional activities. The User shall refrain from obtaining or attempting to obtain the Content by means or procedures other than those made available or indicated for that purpose, or those commonly used on the Internet (provided that the latter do not involve a risk of damage or disruption to the Website). The User shall at all times respect all intellectual and industrial property rights over the Website, whether owned by HEALTH IN CODE or third parties.

The User and, in general, any individual or legal entity that intends to establish a hyperlink or technical link device (e.g., links or buttons) from their website to the Website (the “Hyperlink”) must obtain prior written authorization from HEALTH IN CODE.

The establishment of the Hyperlink does not imply, under any circumstances, the existence of relationships between HEALTH IN CODE and the owner of the website or the web page where the Hyperlink is established, nor the acceptance or approval by HEALTH IN CODE of its contents or services.

In any case, HEALTH IN CODE reserves the right to prohibit or disable any hyperlink to the Website at any time, especially in cases of the illegality of the activity or content on the website where the hyperlink is included.

5. Code of Conduct

In its commitment to ensure the highest ethical standards, HEALTH IN CODE has adopted a mandatory Code of Conduct, the inspiring principles of which are available at the following link https://healthincode.com/wp-content/uploads/2023/10/codigo-de-conducta.pdf. The User acknowledges that they have read and are familiar with the Inspiring Principles of the HEALTH IN CODE Code of Conduct.

6. Applicable law and jurisdiction

These General Terms of Use are governed by Spanish common law and, unless otherwise specified by applicable regulations, any dispute or controversy arising between HEALTH IN CODE and a User regarding the interpretation or application of these General Terms of Use or, in general, relating directly or indirectly to the use of the services offered on the Website shall be resolved by the Courts and Tribunals of the city of Valencia.

As a prerequisite to commencing litigation, HEALTH IN CODE and the User commit to negotiating in good faith to resolve the dispute or controversy within a period of one month from the date on which one of the parties notifies the other in writing of its potentially litigious claim.

7. Communications

For any communication that may be required between HEALTH IN CODE and the User, the latter should contact HEALTH IN CODE at the address indicated at the beginning of this clause, by any of the different means of communication (certified mail or e-mail) indicated at the beginning of this clause.

HEALTH IN CODE’s communications to the User will be made using the data provided by the User when registering on the Website, or using the data provided in the first communication sent by the User.