These GENERAL CONDITIONS FOR THE PROVISION OF SERVICES FOR SCHEDULING APPOINTMENTS VIA WEB PLATFORM ("General Conditions") establish the terms that apply to the use of the Services offered by the Tagendado.com Portal ("Portal"), at the URL Tagendado.com, and any partner websites, used by healthcare professionals and healthcare service providers ("Subscribers"), for whom a specific account is created.
BY CLICKING ON "I ACCEPT", THE SUBSCRIBER EXPRESSLY ACCEPTS, WITHOUT RESERVATIONS OR RESERVATIONS, ALL THE PROVISIONS OF THESE GENERAL CONDITIONS, ENSURERING THAT HE IS DULY AUTHORIZED TO CONTRACT THE SERVICES OFFERED.
IF YOU DO NOT AGREE TO THE TERMS OR ARE NOT AUTHORIZED TO HANDLE CONSULTATIONS, PLEASE DO NOT CLICK "I ACCEPT".
1. Definitions
1. 1.1. Portal: refers to the Tagendado.com website and its owner company Habeas Tech Serviços em TI Ltda., headquartered in São Paulo/SP and registered with the CNPJ under no. 22,584,656/0001-31.
2. 1.2. Users: any persons who register and/or use the Portal for the purpose of scheduling medical appointments with professionals and/or healthcare service establishments that are Portal Subscribers.
3. 1.3. Subscribers: healthcare professionals and/or healthcare service establishments who have contracted the services offered by the Portal, through prior registration, in order to open an account to use the platform that allows them to make their online agenda available through the Portal.
4. 1.4. Representatives: refers to the people authorized by the Subscriber to manage their account created on the Portal.
5. 1.5. Personally Identifiable Information (PII): information that can be used to identify, contact, or locate specific people (e.g., name, address, email, phone number, ID number, IP address, photos, date of birth, credit card number, information about interests in using various products, programs, and services, etc.).
6. 1.6. Services: refers to the set of online resources made available, through a password, provided to the Subscriber and/or their representatives, which allows the management of the online scheduling platform.
2. Responsibilities of the Portal
1. 2.1. During the term of these General Conditions, the Portal grants the Subscriber and its representatives the right to access and use the Services offered in accordance with the terms and conditions established herein.
2. 2.2. Subscribers may review and update their information, made available on the Portal throughout the term of this Agreement. Passwords will be kept confidential by the Subscriber, who will be solely responsible for any disclosure of their passwords or their use by unauthorized third parties.
3. 2.3. The Portal reserves the right to disable any password based on its reasonable belief that the security with respect to such password has been or will be compromised.
3. Subscriber Responsibilities
1. 3.1. When disclosing information on the Portal, the Subscriber must observe current legislation, in particular the advertising rules of their respective professional category.
2. 3.2. The Subscriber will maintain and update his/her information in order to ensure its integrity and accuracy at all times.
3. 3.3. The appointment made by the User constitutes the Subscriber's acceptance to serve him/her as a patient.
4. 3.4. The Subscriber is fully and exclusively responsible for all care provided to the User, as well as for collecting the consultation fee from the User or Health Care Plan Operator.
5. 3.5. The Portal shall not be liable for any fees charged for services provided by the Subscriber and not paid for by the User.
6. 3.6. The Subscriber undertakes to assist the User who schedules an appointment, and the wait for service should not exceed 1 (one) hour.
7. 3.7. The Subscriber acknowledges that changing the medical appointment schedule or canceling the appointment made with the User may result in the User being excluded from the Portal.
8. 3.8. The Subscriber agrees that the Portal may share his/her personal information with any User, hospital, insurance company, healthcare professional or other similar entity.
4. Content of the Tagendado.com Portal
1. 4.1. The Portal must develop and/or compile all content for its online platform, including, without limitation, any content provided by the Subscriber or any User.
2. 4.2. The Subscriber may request the Portal to modify its information, links or services, at which time the Portal will incorporate such modifications and additional information into the profile that the Subscriber has posted on the Portal at its sole discretion.
5. Fees and payments
1. 5.1. Subscribers’ registration on the Portal is free of charge. However, some features of the online appointment scheduling platform may be charged according to the type of plan contracted, the membership terms of which will complement the provisions of these General Conditions.
6. Limitation of Liability for Use
1. 6.1. The Parties acknowledge and agree that the Portal is not responsible for (a) the accuracy, reliability, timeliness or completeness of the Subscriber's information, the data provided by Users, or any other data or information provided or received through the Services, or
(b) for the results that may be obtained from the use of the Services.
7. Subscriber Representations and Warranties
1. 7.1. The Subscriber undertakes to maintain the confidentiality of Users’ personal data in accordance with current legislation and regulatory standards.
2. 7.2. The Subscriber guarantees:
a) hold a valid and unrestricted license for all jurisdictions in which he/she practices his/her profession;
b) be certified in any declared specialty, in accordance with the rules of their respective professional council;
c) know and respect the Code of Ethics and advertising standards issued by their respective professional council;
d) obtain and maintain the contract with the eventual Health Care (or dental) Plan Operator disclosed on the Portal;
e) treat all patients who present for treatment without distinction of race, religion, sex, sexual orientation, disability, or other illegal and/or ethically questionable considerations.
3. 7.3. The Subscriber acknowledges that the Portal is not a healthcare service provider.
4. 7.4. The Portal is absolutely exempt from any responsibility for the direct care of any patient, who, at all times, remains under the responsibility of the Subscriber.
8. Compensation
1. 8.1. The Subscriber will defend and indemnify the Portal, its partners, directors, officers, employees, consultants and agents from any and all claims, actions, proceedings, losses, damages, liabilities and expenses, including attorneys' fees, arising out of or related to any services or treatment provided by the Subscriber to a User, resulting from the misuse of the Portal's services.
9. Disengagement from employment
1. 9.1. No employment relationship is established between the parties by virtue of this instrument.
10. Trademarks
1. 10.1. Any use of the name or any trade name, trademark or service mark of Portal by Subscriber in any promotion, advertising or other similar materials or in any publicity or press releases shall, in each case, be subject to prior written approval by Portal. In addition, such use shall be subject to guidelines from Portal, as per the user manual.
11. Intellectual property
1. 11.1. All intellectual property rights over the Services, Software and website content are the exclusive property of Portal.
12. Term and Termination
1. 12.1. This contract shall be valid for an indefinite period.
2. 12.2. The Portal may communicate to the Subscriber, at any time, its decision to consider the Contract terminated, which it will do by email or letter.
3. 12.3. The Subscriber must communicate to the Portal his/her decision to consider the Contract terminated through the Subscriber service channels.
4. 12.4. The Portal and the Subscriber mutually recognize the right to terminate the Contract in the event of non-compliance with obligations by the other party and, in any event, without prejudice to the possibility of claiming for losses and damages.
13. General Provisions
1. 13.1. The provision of the Services offered by the Portal is for an indefinite period and may be suspended or interrupted at any time, regardless of prior notice or notification.
2. 13.2. Violation of any of the provisions contained herein shall subject the violator to payment for any losses and damages caused. However, there shall be no liability in cases of actions or omissions motivated by court orders, laws or regulations.
3. 13.3. The Portal reserves the right to unilaterally modify, at any time and without prior notice, the presentation and configuration of its systems, as well as the General Conditions applicable to their use.
4. 13.4. The use of the Site is also subject to the provisions of notices, legal terms, regulations, and other specific instructions that are available on the Site. Such terms will be complementary to this Agreement, superseding it in any way that is contradictory.
5. 13.5. This Term is governed by the laws of the Federative Republic of Brazil.
6. 13.6. If any legal determination nullifies or renders ineffective any of the provisions of this Term, its other conditions will remain valid, except if the effect of said determination, at Tagendado.com's discretion, affects the viability of keeping the Services available.
7. 13.7. To resolve any disputes arising from this Agreement, the parties elect the jurisdiction of the District of São Paulo/SP as competent.
8. 13.8. The use of the Services by the Subscriber expresses his/her acceptance of the clauses and conditions expressed herein, as published at the time of use.
These LEGAL TERMS OF USE (“Terms”) regulate the general conditions of use of the PORTAL.
TAGENDADO.COM – tagendado.com, provided by Habeas Tech Serviços em TI Ltda., registered with the CNPJ under no. 22,584,656/0001-31 ("Portal").
The Portal offers an interactive service, created to offer, through the Internet, information and provision of appointment scheduling services with professionals or establishments providing health services. Any person, hereinafter referred to as "User", who uses the Portal's services will automatically be agreeing to these Terms, their updates and all other policies and principles that govern it.
ACCEPTANCE OF THESE TERMS IS ABSOLUTELY ESSENTIAL TO THE USE OF THE WEBSITE AND ITS SERVICES, IT IS WORTH NOTING THAT:
(1) THE PORTAL DOES NOT OFFER GUARANTEES NOR IS IT RESPONSIBLE FOR THE RELIABILITY, VERACITY, USEFULNESS AND QUALITY OF THE SERVICES OFFERED BY THE PROVIDERS ADVERTISED ON THE PORTAL;
(2) THE PORTAL DOES NOT PROVIDE HEALTHCARE SERVICES, IT ONLY PROVIDES INFORMATION ABOUT PROVIDERS.
(3) THIS TERM LIMITS THE PORTAL'S LIABILITY, AS ESTABLISHED IN THE OTHER CLAUSES;
(4) BY USING THE SERVICES, THE USER ASSUMES RESPONSIBILITIES TOWARDS THE PORTAL;
(5) THE TERMS OF USE MAY BE MODIFIED, WITHOUT PRIOR NOTICE, IN ACCORDANCE WITH THE PORTAL'S CRITERIA.
1. Definitions
1. 1.1. Portal: refers to the Tagendado.com website and its owner company Habeas Tech Serviços em TI Ltda., headquartered in São Paulo/SP and registered with the CNPJ under no. 22,584,656/0001-31.
2. 1.2. Users: any persons who register and/or use the Portal for the purpose of scheduling medical appointments with professionals and/or healthcare service establishments that are Portal Subscribers.
3. 1.3. Subscribers: healthcare professionals and/or healthcare service establishments who have contracted the services offered by the Portal, through prior registration, in order to open an account to use the platform that allows them to make their online agenda available through the Portal.
4. 1.4. Personally Identifiable Information (PII): information that can be used to identify, contact, or locate specific people (e.g., name, address, email, phone number, social security number, IP address, photos, date of birth, credit card number, information about interests in using various products, programs, and services, etc.).
5. 1.5. Services: refers to the set of online resources of the Portal made available to Users.
2. Premises for Using the Portal
1. 2.1. Users may be required to register to use the Services made available on the Portal. In such cases, the Portal will treat the information provided in accordance with its Privacy Policy.
2. 2.2. If the User is under 18 (eighteen) years of age, or is not fully capable of performing civil acts, as provided for in the Brazilian Civil Code, he/she must necessarily obtain permission from his/her legal representative (parents or guardians), who will be considered solely responsible for his/her acts.
3. User Responsibilities
1. 3.1. The User must use the Portal in compliance with the provisions of this Term, respecting ethical and moral standards, as well as complying with applicable legal norms.
2. 3.2. The User is responsible for all charges and liabilities arising from acts performed during the use of the Services.
3. 3.3. In the event of damages and losses to third parties or to the Portal itself, due to false, incorrect, incomplete or outdated information, the User will be considered solely responsible for such damages and losses.
4. 3.4. In the event that the User uses Services whose access depends on the registration of a name ("login") and password, the User must protect such data against improper use by third parties. Any acts performed using the User's login and password will be considered their sole responsibility.
5. 3.5. The User may not use the Services to perform acts that deviate from their purpose or that violate ethical and moral standards or applicable legal norms, such as: (a) making appointments without the intention of attending the consultation, including tests and demonstrations to third parties;
(a) violate the privacy of third parties; (b) violate the intellectual property rights of third parties; (c) illegally access third party data or the Portal; (d) mislead third parties.
6. 3.6. The User undertakes to compensate the Portal and/or third parties for all losses and damages caused by improper use of the Portal.
4. Limitations and Exclusions of Liability
1. 4.1. It is understood that the Services or the Portal itself may suffer interruptions and unavailability due to technical or operational issues, for which reason the Portal does not guarantee the continuity and full availability of the Services, and is not responsible for any damages, losses and/or frustration of expectations resulting therefrom.
2. 4.2. In the cases provided for in the previous item, the Portal will make its best efforts to provide prior notice of any interruptions or unavailability, as well as to reestablish the conditions of the Services as soon as possible.
3. 4.3. Examples of causes of interruptions or unavailability include: unforeseeable circumstances or force majeure; harmful actions caused by third parties that prevent the provision of the Services or the continuity of the Portal (hacker, virus, etc.); planned or unforeseen technical maintenance; power outages; failures in data transmission networks; etc.
4. 4.4. The Portal will make its best efforts to keep the Services free from viruses or other elements that are harmful to electronic systems; however, it does not guarantee the total absence of such elements on the Portal.
5. 4.5. The Portal is exempt from any liability arising from damages and losses that may arise from the presence of harmful elements in the Services.
6. 4.6. If any elements that are harmful to the Users’ systems are found in any of the Services, the Portal will immediately take the necessary corrective measures.
7. 4.7. The Portal does not provide healthcare services nor does it have control over the quality of the services offered by Portal Subscribers, and is exempt from liability for any damages and losses arising from the provision of such services through the Portal.
8. 4.8. THE PORTAL is exempt from any liability for damages and losses of any nature caused by actions caused by third parties, through its Portal, acting only as the provider of the virtual environment, tools and technologies necessary for the development of relations between Users and Subscribers.
5. User Service Channels
1. 5.1. The Portal maintains support channels for Users and will use the resources available to it to clarify, within 48 (forty-eight) hours, any questions presented by Users.
2. 5.2. Reports and complaints may also be received through the service channels. In these cases, the User must identify themselves and describe the case in detail.
6. General Provisions
1. 6.1. The provision of Services by the Portal is for an indefinite period and may be suspended or interrupted at any time, regardless of prior notice or notification.
2. 6.2. Violation of any of the provisions contained herein shall subject the violator to payment for any losses and damages caused. However, there shall be no liability in cases of actions or omissions motivated by court orders, laws or regulations.
3. 6.3. The parents or legal representatives of the minor or incapacitated person will be liable for the acts performed by him/her when using the Portal, including any damages caused to third parties, practices of acts prohibited by law and by the provisions of this Term.
4. 6.4. The Portal reserves the right to unilaterally modify, at any time and without prior notice, the presentation and configuration of its systems, as well as its Portal, as well as the conditions applicable to its use.
5. 6.5. The use of the Services is also subject to the provisions of notices, legal terms, regulations, and other specific instructions provided on the Portal. Such terms will be complementary to this Agreement, superseding it in any way that is contradictory.
6. 6.6. This Term is governed by the laws of the Federative Republic of Brazil.
7. 6.7. If any legal determination nullifies or renders ineffective any of the provisions of this Term, its other conditions will remain valid, except if the effect of said determination, at the discretion of the Portal, affects the viability of maintaining the Services offered.
8. 6.8. To resolve any disputes arising from this Agreement, the parties elect the jurisdiction of the District of São Paulo/SP as competent.
9. 6.9. The use of the Portal by the User expresses his/her acceptance of the clauses and conditions established herein, as published at the time of use.
1. Definitions
1. 1.1. Portal: refers to the Internet website Tagendado.com and its owner company Habeas Tech Serviços em TI Ltda., headquartered in São Paulo/SP and registered with the CNPJ under no. 22,584,656/0001-31.
2. 1.2. Users: any persons who register and/or use the Portal for the purpose of scheduling medical appointments with professionals and/or healthcare service establishments that are Subscribers.
3. 1.3. Subscribers: healthcare professionals and/or healthcare service establishments who have contracted, free of charge or for a fee, the services offered by the Portal in order to open an account to use the platform that allows them to make their online agenda available through the Portal.
4. 1.4. Personally Identifiable Information (PII): information that can be used to identify, contact, or locate specific people (e.g., name, address, email, phone number, social security number, IP address, photos, date of birth, credit card number, information about interests in using various products, programs, and services, etc.).
2. Purpose
1. 2.1. The Privacy Policy is intended to inform Users and/or Subscribers of the Portal about how their personal information (identifiable or not) will be collected, verified and used.
2. 2.2. The Portal and its third-party suppliers recognize as legitimate the concern of its Users and/or Subscribers to keep their personal information protected. To this end, they have adopted a privacy policy aimed at ensuring security and clarifying to the User and/or Subscriber about the process of collecting and using the information provided in the various stages of interaction with the Portal. Thus, Users and/or Subscribers may freely and voluntarily determine whether they wish to provide the Portal with their personal data.
3. Collection and use of User and/or Subscriber information
1. 3.1. The Portal collects information in different ways, in different areas, with the main objective of offering Users and/or Subscribers a greater degree of personalization, making the relationship, even if virtual, more personalized.
2. 3.2. Personally identifiable information is collected at the time of registration and during other phases of the Portal's relationship with its Users and/or Subscribers.
3. 3.3. The data collected is also used by the Portal for the following purposes:
a) provide Users and/or Subscribers with product updates, informative emails , newsletters, new products, services and surveys on future product ideas or enhancements;
b) offer special offers that may be of interest to Users and/or Subscribers and improve their experience when using the Portal;
c) help the Portal create items that are relevant to Users and/or Subscribers;
d) help the Portal to create and improve products and services that meet the needs of Users and/or Subscribers;
e) collect and disseminate generic statistical data, without any type of individual identification.
4. 3.4. In order to correctly comply with Brazilian legislation, the Portal undertakes to promptly correct any changes relating to the User's and/or Subscriber's personal data. To this end, the User and/or Subscriber must notify the Portal of any change in their respective data.
4. Sharing of Personally Identifiable Information
1. 4.1. Personally identifiable information of Users and/or Subscribers will be shared under the following terms:
a) Due to the very nature of the services offered by the Portal, the data entered in the account opening registration by Subscribers may be made available to Users, so that they can analyze the set of information disclosed by Subscribers and, thus, freely choose, according to their preference, to schedule appointments.
b) The User's personal data may be shared with professionals with whom he/she schedules an appointment through the appointment scheduling platform.
c) If there is a formal request, by any Public Authority, duly substantiated, the User and/or Subscriber expressly authorizes the Portal to forward the requested registration data, regardless of prior notification.
d) When there is a need to identify or reveal data of the User and/or Subscriber who is using your website for illicit purposes (intentionally or not).
e) With prior authorization from Users and/or Subscribers, the Portal may share their personal data with third parties. In this case, the Portal will identify the recipient of the information, the type of activities to which it is dedicated and the respective purpose for collecting the data. The User and/or Subscriber may oppose such transfers at any time.
2. 4.2. Personally identifiable information collected by the Portal is handled only by authorized personnel.
3. 4.3. The Portal may use the "cookies" feature (a small file that is stored on the user's computer with information about browsing) when a User and/or Subscriber accesses the Portal's pages and websites. This type of application allows the personalization of the various contents and to know the browsing habits of Users and/or Subscribers.
4. 4.4. The User and/or Subscriber may configure their browser to be notified, on the computer screen, about the reception of "cookies" and to prevent their installation on the hard drive.
5. Sharing of non-personally identifiable information
1. 5.1. Information that is not personally identifiable (statistics) may be passed on to advertisers, suppliers, sponsors and partners, with the aim of improving the quality of the products and services offered by the Portal.
6. Security
1. 6.1. For the security and privacy of Users and/or Subscribers, all registration information is password protected. When carrying out activities in which the exchange of information requires greater security, due to the actions of Hackers, Crackers, Spies, etc., the Portal uses an encryption system to protect data transmissions.
2. 6.2. When registering on the Portal to purchase products or services (paid or not), each User and/or Subscriber receives a unique identification, which identification is required and authenticated for further access to the website, and this identification, for legal purposes, serves as a signature of agreement with any proposal made on the Portal.
3. 6.3. The User and/or Subscriber identification is exclusive, non-transferable and encrypted to be transmitted to the Portal server, with the password being stored in a database in its irreversibly encrypted form.
4. 6.4. The Portal has adopted the legally required levels of data protection security and seeks to install all additional means and measures to prevent the loss, misuse, alteration, unauthorized access or improper removal of the personal data collected. However, the User and/or Subscriber must be aware that Internet security measures are not completely infallible.
7. Payment environment
1. 7.1. Transactions carried out to choose the payment method and make the payment, regardless of the method chosen, are carried out in a secure environment certified by a company specialized in data security for the Internet. All information required to make the payment is encrypted. The "Closed Padlock" icon, located in the status bar (bottom of the screen), indicates that the information transacted will be encrypted.
8. Changes to the Privacy Policy
1. 8.1. The Portal reserves the right to modify this policy to adapt it to legislative or jurisprudential changes, or those related to commercial practices. Any changes to this Privacy Policy will be posted in this space. Therefore, we ask that you periodically read this Policy as a means of becoming aware of how the Portal collects, processes and protects the information of Users and/or Subscribers.
9. Questions and suggestions
1. 9.1. If you have any questions or suggestions about this Privacy and Data Security Policy, please visit: Contact us.
