The following text regulates the use on the part of the internet users of the website www.telefem.org, whose legal title belongs to the company, TELEFEM, A.C., with its address at Av. Anillo de Circunvalación, No. 127, First Floor, Col. Atlántida, Alcaldía Coyoacán, C.P. 04370, Mexico City. The purpose of these terms and conditions is to regulate the access to and use of the SITE, which is why the users are advised to carefully read the terms and conditions set forth below.
The purpose of this contract is to describe and inform about the general terms and conditions (hereinafter, the "General Terms and Conditions") that apply to the use of the services offered by TELEFEM, (hereinafter, "TELEFEM") in the site: www.telefem.org (hereinafter, the "Site"). Any person who wishes to access and/or use the site or the services may do so subject to the General Terms and Conditions, together with all the other policies and principles that govern TELEFEM and that are incorporated herein by reference.
THESE GENERAL TERMS AND CONDITIONS ARE MANDATORY AND BINDING ON EVERY PERSON AND/OR USER WHO WISHES TO USE THE SITE, THEREFORE ANYONE WHO DOES NOT ACCEPT THEM SHOULD REFRAIN FROM USING THE SITE, AND/OR THE SERVICES.
After prior to registration as a User of TELEFEM, the applicant must read, understand and accept all the conditions established in the General Terms and Conditions and the Privacy Notice, as well as in all the other documents incorporated herein as reference material. The use of the Site and/or the Services on the part of the User implies their express, free, informed, specific and unequivocal consent to the "General Terms and Conditions" and Privacy Notices of TELEFEM, as well as their express consent to all the policies established in the General Conditions and the rest of the policies and principles incorporated herein.GENERAL CONDITIONS
Health Professional (hereinafter): This is the term for those people who use the "Site" platform to provide the service said platform offers the users and who, depending on the nature of their accreditation, have the special skills their job requires.
TELEFEM: This refers to the company responsible for creating the link between the User and the Health Professional.
Users: These are the people who use the "Site" to avail of the services provided over the technological platform.
Terms and Conditions: These are the "General Terms and Conditions that govern the use of the "Site", and consequently constitute the agreement in principal between the parties, setting out each party’s responsibilities in detail.
The Services: These consist of those services that are provided and offered over the "Site" through the technological platform used by "The Health Professionals” to collect the corresponding data and clinical history, consisting of a tool that makes it possible for "The Health Professionals” and the users to save all manner of relevant information.
iDoctorApp: This is the name of the platform "The Health Professionals” will use and over which the the services will be provided.
Personal Data: This will be all that information, such as name in full, medical conditions, medical history, etc., that the users provide for their registration, the creation of an account and the services they will receive through the "Site" from the "The Health Professionals”.
Appointment: This refers to the appointment that will be made with the reproductive health counselor, scheduling the medical consultation and/or advice.
Consultation and/or advice: This is the service provided by "The Health Professionals”" to the users registered in TELEFEM through its "Site", to assess the user’s state of health based on information the user provides, without involving a medical physical examination, intervention and diagnosis.1. Capacity
The Services are only available to people with the legal capacity to contract. People who do not have such capacity will not be able to use the services; minors will need to provide the data of a responsible adult and the "Site" reserves the right not to offer the service to Users of TELEFEM who have been temporarily suspended or definitively deactivated.2. Registration
The User will have to fill in all the fields of the registration form with valid data if they wish to avail of the services provided by ”The Health Professionals”. Any future User must fill this form in with their exact, precise and real personal information (hereinafter, the "Personal Data") and make a commitment to update and/or rectify the "Personal Data" when necessary. The User authorizes TELEFEM to use various means to identify her personal data, with the User assuming the obligation to check, rectify and keep her data up to date. TELEFEM does NOT accept responsibility for the veracity of the "Personal Data" provided by the Users of the "Site". The Users guarantee and will, in any case, answer for the veracity, accuracy, validity and authenticity of their "Personal Data".
TELEFEM reserves the right to ask for some additional proof and/or datum to corroborate the "Personal Data", as well as to temporarily or definitively suspend those Users whose data cannot be confirmed. In these cases of deactivation, all the information generated by the User and "The Health Professionals” in relation to each specific case will be canceled, without this fact creating any entitlement to compensation.
The User declares, under penalty of perjury, that the data provided on the TELEFEM webpage, as well as the data she gives the Health Professionals are true and up to date at the time of her registration and at the time she receives the care.
The user undertakes to immediately inform TELEFEM and the Health Professional providing the service if there are any changes in her personal data or medical circumstances and to communicate this to TELEFEM’s phone number and email address, as well as to directly tell the Health Professional providing her with the service.
TELEFEM does not accept liability for the consequences if the users do not provide true data or keep their data up to date.
The User, as part of the process of filling out the registration form so that she can use her account on the "Site", perform any function on the "Site" or use the Services authorizes, as a means of authentication, the following electronic methods: such as a personal identification number, fingerprint, electronic signature, or any other legal means of authentication determined by TELEFEM.
The User shall access her personal account (hereinafter "the Account") by entering her User name or pseudonym together with the personal security code she has chosen (hereinafter "Security Code"). The User shall be responsible for the confidentiality, safekeeping and use of her "Security Code".
On registering in TELEFEM, the user will be given access to the services through the "Website” (www.telefem.org) and/or over WhatsApp or the phone, depending on the data provided. "The Account" will make it possible for the User to ask, through the aforementioned media, for a counselor to get in touch with her to start to provide the service.
"The Account" will be personal, unique and nontransferable, and the User will not be allowed to register for or have more than one Account. If TELEFEM detects different Accounts containing coincidental data in relation to one particular User, it will be able to cancel, suspend or deactivate them.
The User will be responsible for all the operations performed in "the Account", as access and entry thereto is restricted by the use of her "Security Code", that will only be known to the User. The User undertakes to notify TELEFEM immediately through a suitable and reliable means of communication (WhatsApp, email, messenger, etc) about any unauthorized use of "The Account", as well as about any entry into "The Account" by unauthorized third parties. We must clarify that the sale, assignment or transfer of the Account is forbidden.
TELEFEM reserves the right to reject any application for registration or to cancel a previously accepted registration, without any need to communicate or explain the reasons for its decision and without this entitling the user to any indemnification or compensation3. Amendments to the Agreement
TELEFEM may amend the "General Terms and Conditions" at any time and will announce the amended terms on the "Site". All the amended terms shall enter into force immediately on their publication.
In this regard, TELEFEM will communicate any changes made to these "General Terms and Conditions" by publishing them on its Webpage, which can be accessed through its electronic link identified as "Terms and Conditions", so we recommend our Users continuously visit said page and electronic link or, if you wish, we will send it to the last email you have provided us.
The use of the "Site", and/or its services signifies the implicit acceptance of these General Terms and Conditions of use of TELEFEM.
In order to use the Services TELEFEM offers, Users must provide certain personal data. Their personal information will be processed and stored on servers or magnetic media with high standards of physical and technological security and protection. For further information about the privacy of the Personal Data and the circumstances under which it can be revealed, see our Privacy Notice.5. Obligations of the Users
During the period when the User has "The Account" as an active registration, she may acquire the services of "The Health Professionals”.
For the provision of the services, "The Health Professionals” may set up communications with the User through a variety of electronic media pre-defined and agreed between the User and "The Health Professionals”". In that case, they shall be solely and exclusively responsible for such situation, releasing TELEFEM from any liability for any problem arising from the exchange of communications and services agreed by the User and "The Health Professionals”.
On asking for a consultation, the User agrees to be bound by the conditions and requirements described in the confirmation of the appointment for the service offered by "The Health Professionals”, inasmuch as they do not infringe the laws or these "General Terms and Conditions" and all the other policies of TELEFEM. so the application for an appointment will be subject to the conditions accepted by each User, such as delay, the cancellations of appointments, the follow-up on the appointment, etc.
The User undertakes, under penalty of perjury, to precisely follow the instructions of the Health Professional, as well as to respect the times, amounts and specifications stipulated by said Health Professional.
The User is responsible for telling TELEFEM and the Health Professional who gave her the service about any change in her medical and personal data.
The User shall undertake to tell the Health Professional by email, message and directly about any complication or problem that arises as a consequence of the service she is given. Said complication or problem shall be notified within 24 hours after it takes place.
Users may not: (a) manipulate the prices of the appointments; (b) announce their personal data or other users’ data for the purpose of publicizing and/or marketing goods or services or over any other medium (including, though not as a limitation, Twitter, Facebook and/ or any other social network); (c) accept personal data provided by other users over the site and/or any other medium (including, though not as a limitation, Twitter, Facebook and/ or any other social network); (d) insult or attack other Users, (e) violate intellectual property rights; (f) create users using false information; g) Fail to comply with the "General Terms and Conditions".
These types of activities shall be investigated by TELEFEM and the offender could be penalized with the suspension or cancellation of "The Account" and/or by any other means TELEFEM deems fit, without prejudice to any legal actions that could be taken in the face of crimes or civil, criminal and/or administrative damages and losses caused to the Users of the "Site", "The Health Professionals" or to TELEFEM.
The information and materials of the TELEFEM site are provided without any express or implicit warranties of any nature, up to the maximum extent permitted by law. The User waives all express or implicit warranties, including without limitation, title guarantees, warranties of non-infringement and implicit warranties of merchantability or warranties covering any merchandise, information or service provided over the TELEFEM site.
No refunds apply. However, the user may avail of phone number 55 3000 1461 to ask for their case to be evaluated by TELEFEM’s personnel to find out whether or not the request for a refund is admissible.
No action or use of a device, software or any other medium aimed at interfering with the activities and operation of TELEFEM is permitted, including but not limited to TELEFEM’s services, descriptions, accounts or databases. Any attempted intromission or activity that violates or is contrary to the laws on intellectual property rights and/or the prohibitions stipulated in this contract, otherwise they will be liable for the applicable legal actions and will be subject to the penalties contemplated in the General Terms and Conditions", so the User shall indemnify TELEFEM for any damages caused.9. Penalties. Suspension of operations
Without prejudice to any other measures, TELEFEM shall be able to warn, temporarily suspend or definitively deactivate "The Account" of a User, take any actions it deems fit and/or suspend the provision of its Services if: (a) any law or any of the stipulations of the "General Terms and Conditions" and the rest of TELEFEM's policies is violated; (b) if the User fails to meet her commitments as a User; (c) if, in the TELEFEM's opinion, there have been deceitful or fraudulent conduct or acts; (d) the identity of the User cannot be verified or any information provided thereby is wrong; (e) TELEFEM understands that the publications or other actions could be grounds for liability for the User who made them, for TELEFEM or for all the other Users in general.10. Responsibility
TELEFEM acts as an intermediary and merely makes a virtual space available to the Users that allows them to contact and communicate over the "Site" to find a way of getting services of advice and/or consultation from "The Health Professionals" for the Legal Interruption of Pregnancy “LIP”. TELEFEM does not own the services being offered, is not in charge of the coordination, involvement, management, administration of "The Health Professionals" and does not directly offer their services. TELEFEM does not get involved in the accomplishment of the operations between the Users and "The Health Professionals" or in the conditions stipulated thereby for them, so it will not be responsible for the existence, quality, amount, state, integrity or legality of the services offered and acquired by the Users, as well as for the Users’ capacity to contract or for the veracity of the "Personal Data" they enter. "The Health Professionals" know and accept that they are exclusively responsible for the services they provide to the users and for the decisions they take for each treatment.The User knows and accepts that when requesting the appointments service for consultation and/or advice, she does so at her own risk. Under no circumstances will TELEFEM be liable for any loss of earnings or for any other damages and/or losses incurred by the User as a result of the operations performed or not performed by the services published over TELEFEM TELEFEM recommends being cautious and using common sense when carrying out operations with “The Health Professionals”. The User should also bear in mind the risks of contracting as minors or with people that use false ID. TELEFEM shall NOT be responsible for making offers and/or operations with other health professionals based on the trust invested in the system or the Services depending on by TELEFEM.
In the event that one or more Users or any third party files any type of claim or legal actions against any health professional, each and every one of the Users involved in said claims or actions shall hold TELEFEM and its executive officers, managers, employees, agents, workers, representatives and attorneys-in-fact safe and harmless. The Users have a term of 60 days after the date when they received the service to file a claim against "The Health Professionals". Once this term has expired, they will not be able to file a claim from the "Site" of TELEFEM, as TELEFEM will only be able to intervene as a mediator, issuing economic penalties and cancelling accounts in the case of both the users and "The Health Professionals".11. Scope of TELEFEM's services
This agreement does not create any partnership agreement, power of attorney, franchise agreement or employment relationship between TELEFEM, the User and "The Health Professionals". The User acknowledges and accepts that TELEFEM is not a party to any operation nor does it have any control whatsoever over the quality, safety or legality of the services announced, the ability of the health professionals to provide their consultation and/or advice services, as it is only an intermediary, putting the User in touch with the health professional. TELEFEM cannot confirm or check the identity or "Personal Data" provided by "The Health Professionals". TELEFEM does not guarantee the veracity of the publicity of "The Health Professionals" that appears on the "Site" and shall not be liable for any correspondence or contracts that "The Health Professionals" enter into with said third parties or with other Users.
"The Health Professionals" on the TELEFEM "Site" will only be able to give consultations and/or advice based on the information the User provides, as they cannot perform any medical physical assessments, examinations, cures, interventions. "The Health Professionals" will also make treatment recommendations for the performance of the Legal Interruption of Pregnancy (LIP) and, based on the information the User provides, write out medical prescriptions for the medicine to be sent to her at her own expense.12. Failures in the system
TELEFEM does not accept any liability for any damage or loss incurred by the User and/or by "The Health Professionals" as the result of any failures in the system, on the server or of the Internet. Neither will TELEFEM be liable for any virus that could infect the User’s equipment as a consequence of accessing, using or examining its website or as the result of any transfer of data, files, images, text, or audios contained thereon. The Users shall NOT be able to attribute any liability whatsoever or demand payment for loss of earnings for any damages and losses caused by technical difficulties or failures in the systems or of the Internet. TELEFEM does not guarantee access and continuous or uninterrupted use of its "Site". Occasionally the system may be unavailable owing to technical difficulties, Internet failures or another circumstance outside the control of TELEFEM; on these occasions, we will try to reestablish it as fast as possible but this does not mean that we accept any type of liability. TELEFEM shall not be held responsible for any mistake or omission on its "Site" or on its App.13. Rates. Invoicing 13. Rates. Invoicing
There is not cost for registration in TELEFEM.
When the User asks for an appointment for a consultation and/or advice, a counselor will contact her and evaluate the User’s eligibility for the consultation, after which TELEFEM shall make a charge of $150.00 (one hundred fifty American Dollars) and when the collection is confirmed, a health professional will contact the patient and/or User to continue the consultation. The counselor may deny the patient’s eligibility to go on, in which case TELEFEM will not apply any charge to the User’s card. TELEFEM reserves the right to take any judicial and extrajudicial measures it deems fit to obtain the payment of the amount owed. TELEFEM and "The Health Professionals" reserve the right to alter, change, add or eliminate the current rates, at any time, which shall be notified to the Users, as established in section 3, however, TELEFEM may temporarily amend the Rates Policy and the Rates of the services due to promotions, with these amendments entering into effect when the promotion is made public or the corresponding announcement is made. In the event that charges that do not apply are invoiced, to resolve said issue the User shall get in touch with our Customer Care team at the following number: +52 55 3000 1461. "The Health Professionals" are the only people under an obligation and responsible for issuing tax receipts to the Users for the services provided and collected through the TELEFEM "Site" and app.14. Feedback system
As it is hard to verify the identity of Users on the Internet, TELEFEM cannot confirm the identity that each User and/or "The Health Professional" alleges and declares. So "The Health Professionals" have a reputation system that is periodically updated in the database linked to their activity on the "Site". "The Health Professionals" can also receive comments or opinions made by the User, and fill in a service assessment survey when the service and the follow-up appointments have been given. TELEFEM does not assume any obligation to check the veracity or accuracy of the comments. TELEFEM does NOT accept any responsibility for the statements made there, for the trust given to the reputation of "The Health Professionals", or in any comment expressed about said health professional in TELEFEM’s "Site" and/or app, or through any other medium.Intellectual property
TELEFEM and/or its holding companies, controlled companies, affiliates or subsidiaries reserve all the rights, including the intellectual and industrial property rights associated with TELEFEM’s services, its websites, the contents of its screens, programs, databases, networks, codes, development, software, architecture, hardware, contents, information, technology, integration phases, functionalities, domains, files that let the User access and create "The Account" while also declaring that they are protected by current domestic and international laws.
The User shall not, under any circumstances, be understood to have any type of right thereto except to the use of TELEFEM's service, as contemplated in these "General Terms and Conditions". Any improper use or use contrary to current legislation on intellectual and industrial rights on the part of TELEFEM, as well as their total or partial reproduction is forbidden unless there is express written authorization on the part of TELEFEM.
Neither may the Users communicate that the goods or services they receive are sponsored, promoted, produced, offered and/or sold by TELEFEM and they shall refrain from doing any act that could cause damage, loss of reputation, or lower the value of TELEFEM's intellectual and industrial property rights.
The "Site" may contain links to third-party websites. In view of the fact that TELEFEM does not have control over such sites, it shall not be responsible for the contents, materials, actions and/or services provided therein, nor for damages or losses directly or indirectly caused by the use thereof. The presence of links to other websites does not imply any partnership, relationship, approval or backing on the part of TELEFEM of said sites and their contents.15. Compensation
The User is solely responsible for accessing the system, as well as for any fulfillment and/or breach of the “Terms and Conditions“ so TELEFEM shall be held safe and harmless from any liability and anyone might attempt to accredit thereto for use of the platform or the interaction with the health professionals who provide the service, as TELEFEM only acts as an intermediary and does not have any responsibility for the service provided by the health professionals.
To that end, the User authorizes TELEFEM to: i) intervene and represent them in said claims, being able to execute any settlement agreements it sees fit with an eye to avoiding higher costs and/or possible contingencies without limitation, in its name and on its behalf; ii) withhold and debit any existing and/or future funds from "The Account" of TELEFEM and/or the bank account(s) registered in "The Account" in order to recover any expense incurred in relation to the conditions of the above paragraph, which may include, among other things, lawyers’ fees and court fees up to a reasonable amount, and/or iii) generate specific debits in the invoices.16. Jurisdiction and Applicable Law
This agreement shall be governed in every aspect by the laws in force in the Mexican Republic. In particular the parts covering data messages, contracting and e-commerce shall be governed by the provisions of the respective federal legislation. Any dispute derived from this agreement, its existence, validity, interpretation, scope or fulfillment shall be submitted to the applicable laws and the competent courts. For the interpretation, fulfillment and enforcement of this contract, the parties expressly submit to the jurisdiction of the competent courts of Mexico City, waiving, in consequence, any venue that could correspond thereto by reason of their present or future addresses.17. Address
TELEFEM’s address is given as Av. Anillo de Circunvalación, No. 127, First Piso, Col. Atlántida, Alcaldía Coyoacán, C.P. 04370, Mexico City.