1 USER AGREEMENT
1.1 These terms of use (“Terms”) are a legal agreement
between you (“User”) and TELESAD - Tele Acesso a Informações de Saúde S/A,
corporate taxpayer n. 10.794.658/0001-76,
with its office at Rua Vergueiro, n. 2253/2279, conj. 702, bairro
Vila Mariana, São Paulo/SP, CEP: 04101-100 (“TELESAD”),
in charge of the www.telesad.net site and the
“MEUCONTROLE” application, both conceived
for storing the users' personal health related information
(“Services”).
1.2 "User" is defined as the natural or legal person
hiring TELESAD to make use of its services. In case the User was
a healthcare professional, home care company,
health plan or hospital, it will be his or her
responsability to obtain his or her patients' consent to
store their information.
1.3 When making use of the Services offered, be it partially or as a
trial, even for free, the User declares that he or she
fully agrees with these Terms. In case of disagreeing with the Terms
or not having the full capacity to do so, don't use the Services.
2 USE OF SERVICES
2.1 These services were conceived to facilitate the efficient
storage of the User's or patient's personal health information
The information stored in the User's account may not always
be updated nor accurate and it must be considered to be
merely informative.
2.2 The User must use the Services in accordance with what's
established in these Terms, in TELESAD orientations and
in the applicable law. The User undertakes to not use
the Services to commit unlawful acts, violations, infrigement of
rights or damaging TELESAD or third parties, including but not limited to
(i) publishing, sending, transfering or uploading
files containing, worms, trojans as well as any
other software able to contaminate, destroy or
interfere with TELESAD's database; and (ii) commiting
any act capable of disabling, overloading or preventing
the Services performance or format from working, including denial
of service attacks or interfering with the processing of
services.
2.3 The User must update his or her data every time
they undergo changes, including his or her billing
details.
2.4 Login data (username and password) are for personal use only
and can't be transferable, so it's the User's responsibility to keep its
confidential nature. In case the User suspects his or her
username and password are being used by other people, the User must change his
or her password and inform TELESAD immediatly by
sending an e-mail to: sac@telesaude.pt.
2.5 In order to use the Services, Internet access is
required. It's the User's responsability to keep track of
his or her Internet service provider bills and
to pay the mentioned bills.
3 USER DATA
3.1 TELESAD does not exercise any kind of control or
verification of the ownership or content of information about
the health of the User or his patients resulting from the
use of the Services (LGPD).
3.2 The User is aware that, in case he or she chooses to share
data with third parties, they would be able to access,
reproduce, distribute and divulging the mentioned data. In case the
User or his or her patients don't want that to happen, they
shouldn't share such information. In case they choose to
share it, the User will be solely responsible for whatever
might happen with the shared content.
3.3 In case the User's account was cancelled or deleted,
TELESAD might delete the collected information, in which case
it will not be held responsible for its posterior restoration.
The same applies to all the given information that has a validity
period.
4 PRIVACY POLICY
4.1 The User expressly consents and accepts that TELESAD
uses his/her or the patients' health information,
be it for storing, processing and divulging it,
always in accordance with the provisions in these Terms and
Privacy Policy. The User declares that he or she has the
capacity to grant such rights to TELESAD and that other
people making use of the Services have given their express
consent in advance.
4.2 The information provided by the User while using the
Services will not be sold, exchanged nor divulged to third parties,
except when (i) being expressly authorised by the User; (ii)
being recquired by law; (iii) being necessary to defend our rights;
or, (iv) when any kind of corporate reorganization involving
TELESAD happens, such as mergers, acquisitions, transfers or
reconfigurations, in which case the information will be
transfered to whoever succeeds or acquires TELESAD.
In case this happenes, TELESAD would notify you about
the information transfer.
4.3 TELESAD is allowed to use the User's information
in order to provide its services, issue statements and
manage campaigns or statistical databases.
4.4 The User grants TELESAD the right to collect browsing
technical data, such as the type of browser, Internet
Protocol Adress(IP adress), the date and time of
access, time spent on each page and the most frequently
visited links inside our website. This information might be used to
improve the clients experience.
4.5 The User authorizes TELESAD to use cookies
during his or her time visiting our website. Cookies might be used to
facilitate the User's navigation, but they will never have access to
your personal information nor to your hard drive. The User can always
configure his or her browser to notify and cancel the installation
of cookies sent by the site, without affecting the access
to the content we offer.
5 COPYRIGHT
5.1 Tools, apps, data, images, graphics, TELESAD's
brand and logo, icons and every element conforming the
Services (“Intangible Properties”) are property of TELESAD and they're
protected by copyright law.
5.2 The User is not allowed to use or copy any of these
intangible properties without authorization, disregarding the purpose, be it
for commercial or non-commercial use, since he or she could be penalized
in accordance to the constitution for transgressing the law of intellectual and industrial property,
in accordance to Laws 9.610/98 and 9.279/96.
6 APP UPDATES
6.1 In order to improve the Services experience,
TELESAD might update its Apps anytime.
Likewise, TELESAD might modify,
add and delete features and the Services appereance, without
necessarily giving prior notice, in case we find it
necesary or in case our users manifest their need
of changes.
7 LIMITATION OF LIABILITY
7.1 TELESAD doesn't offer any kind of medical services,
including assistance, diagnosis and treatment services.
7.1.1 The User or the third parties making use of the Services should
consult a qualified physician about any health related
issue. Both the User and the third parties shouldn't
overlook their need to consult a physician based on
the information obtained through our Services.
7.1.2 The User, be it health care professional, home care
company, health plan or hospital making use
of the Services to store data about their patients
will use the Services under his or her own risk.
7.2 Considering the merely informative nature of the data
stored by the User as a result of using the Services,
TELESAD will not be held responsible for any losses or
damages, be them direct or indirect, caused by the use of the
Services or the provided information.
7.3 TELESAD does not guarantee that Services features
meet the User or the patient's needs,
any more than ensuring that the Services availability will be
uninterupted, error-free, or that the User's or the patient's
information will not be lost.
7.4 In case TELESAD takes responsibility for the User
or his or her patients, the compensation payment will not
exceed the amount the User paid TELESAD to use its Services
for the last 12 months.
8 TERM
8.1 These Terms will enter into force the moment they're
accepted and will have an indefinite period.
9 GENERAL PROVISIONS
9.1 TELESAD reserves the right to modify the terms and
provisions in this Terms of Use at any time, giving
notice in advance by sending an e-mail to the
User.
9.2 The provisions established in these Terms are
independent from eachother, in a way that, if one of them
hypothetically becomes null or void, all the others shall
remain preserved.
9.3 Any tolerance or abstention of the parties towards
the violation of the obligations or the execution of the rights
granted in these Terms shall be interpreted as mere
permissiveness, and not taken as forfeiting, renewing or modifying the
contract.
9.4 These Terms are binding between the parties,
their respective successors and assigns.
9.5 These Terms of Use shall be governed by, and construed in
accordance
with Federative Republic of Brazil's law.
9.6 In order to settle eventual controversies arising from the
Terms of Use, the parties elect the disctrict court in São Paulo/SP,
renouncing any other, however privileged
it may be.
