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Terms and Conditions
1. Scope
1.1. This website ("site"), located at www.emergencycard.me, is registered under the same name and operated by Health Life.
1.2. The site contains information and provides access, upon registration, to Health Life’s services (the Emergency Card Service).
1.3. Access and use of the site are subject to these Terms and Conditions, as well as all documents incorporated by reference, described herein.
1.4. These services are intended for capable adults and / or duly represented incompetents, in accordance with the applicable law.
1.5. By accessing and using this site, the User agrees to these Terms and Conditions.
1.6. By confirming the acceptance with the button "I agree to the Terms, Agreements and Privacy Policy”, you acknowledge that you have read this agreement, understood its contents and unreservedly accepted all terms and conditions thereof, namely the provisions in respect of personal data processing. Should you have not accepted, even partially, any of these Terms and Conditions, you may not use the services.
1.7. Access and use of the site do not imply or establish a consultant or mandate relationship between the User and Health Life or any of the people connected to Health Life.
2. Information
2.1. Information available on the site has been carefully collected and Health Life has taken all the necessary measures to ensure that the information is bona fide. The information available on the site intends to express, properly and according with bona fide principles, a medical profile of the User, following the information provided by him.
2.2. However, and as far as legally possible under the applicable legislation, Health Life does not guarantee that the information provided is without errors (human and/or electronic), delays, interruptions, possible loss of data, omissions or other anomalies. Similarly, Health Life does not guarantee that its files do not have software viruses, "Worms" and "Trojan Horses", which may contain or display contaminating or destructive features.
2.3. The User accepts and acknowledges that the contents made available online are merely informative and should not be used to exclusively ground or support any medical decision, action or omission, namely medication or prescribed medicines to himself or others, without previous verification or critical analysis.
2.4. The access to health information provided by the Emergency Card Service should be restricted to the doctor assisting the patient or to other health care professionals whose access to the referred information is deemed necessary in order to provide medical care in the specific situation. Therefore, every reference in the present Terms and Conditions to “health care professional” should be understood in this limited sense.
3. Emergency Card Service - Presentation
3.1. The Emergency Card Service, accessible to all Users through the site www.emergencycard.me, is a Service provided by Health Life, meant for the User to manage his own health information and to be of assistance in a medical situation by health professionals.
3.2. Detailed and precise information will increase the possibilities of a successful medical intervention. Hence, is highly recommended to describe the physical state of the beneficiary as detailed as possible, without omitting knowledge considered vital to provide adequate medical care, even of very private nature.
3.3. However, the User should have in consideration that the kind of information herein provided is particularly sensitive information, since it involves health data, genetic data and aspect of private life. Health Life takes all the precautions legally required in order to maintain that information protected, but it is not possible to guarantee an absolute safeguard.
3.4. Health Life will not be held liable for any breach of information.
3.5. The Emergency Card Service does not intent to substitute the clinical health record, nor the information provided by the online profile has the same amount of extension of the one recalled in the clinical health record.
3.6. The Emergency Card is a physical card which aims to make available relevant health information in a medical situation, which is printed in the card itself.
3.7. The card will also allow access to additional information about the User through a numerical code granting access to an online medical file or by means of the QR Code, both imprinted in it.
3.8. The Emergency Card and the associated online file are the result of an online formulary completed by the User. The User must be aware that the health data therein stored may comprise highly sensitive data such has history of drug abuse, status as an HIV carrier, mental health conditions, medication, among others.
3.9. The site www.emergencycard.me commits to provide relevant fields to be filled by the User; however the fields of information are always presented as proposals. For such, the information provided by the User in the information fields for the Emergency Card and in the health’s data storage may not portray the User’s health state.
3.10. The User is free to use the Emergency Card Service under his exclusive responsibility, to access the stored health data, even though the Emergency Card Service is intended to be used in medical emergencies exclusively and in the management of one’s health.
4. Emergency Card Service – Terms of Use
4.1. The Service is a personal Service, intended to be used by the User and to his advantage.
4.2. It is the User’s responsibility to ascertain that all information added to his online profile is correct, true and updated. If the User is in doubt regarding the definitions of his diagnoses or pharmaceuticals, we recommend contacting a medical doctor.
4.3. Health Life does not verify nor modifies the content registered and/or transmitted by the User and, as such, cannot guarantee the lawfulness, correctness, honesty, truthfulness, integrity and/or quality of such content, nor can it be made responsible or liable for the accuracy of the contents on the Emergency Card Service, or any ways of using it.
4.4. Health Life cannot be responsible for errors or omissions in the Emergency Card Service, for results that may derive from their misuse or for any damage suffered by the User due to a medical act, even if related with the information provided in the Emergency Card Service.
4.5. Because the User’s medical status changes over time, the information in the Emergency Card Service may be outdated. In general all medical data older than one year should be considered outdated. Therefore, the User may be required to update this by renewing your Emergency Card. It is the User’s responsibility to keep his personal information (identification and health information) duly updated.
4.6. The filling of the on line profile is the sole responsibility of the User (or his legal representative, when there is one). The User may be assisted by his medical doctor to verify the correctness of the information, but it is advisable to be the User to insert his own data, since the Emergency Card Service is made for strict individual use.
4.7. The User unconditionally acknowledges and accepts that Health Life has no responsibility related to incorrectness or incomplete data stored in his Emergency Card Service, since it is the User’s responsibility to control the introduction of information and its reliability.
4.8. Regardless of the aforementioned, Health Life reserves the right to refuse, remove or block access to any content that violates the present Terms and Conditions, and/or whose unlawfulness is evident, as well as to archive and/or disclose the content, when such is required by any administrative or legal authority, under the terms of the current law.
4.9. No information in Health Life’s computer systems or in the Emergency Card must be used as a substitute for a medical consultation by a licensed medical doctor or for a pharmaceutical recommendation form a licensed pharmacist. The health information stored in the Emergency Card Service shall not, and cannot, replace any medical service or advice from certified medical staff.
5. Emergency Card Service – Access to the Service by a Healthcare Professional
5.1. In a medical emergency all healthcare professionals may, through the site <u>www.emergencycard.me</u>, access the entire User’s health information, by entering the password displayed on the back of the Emergency Card.
5.2. The healthcare professionals may also access the User's health information, using the QR code located on the back of the Card.
5.3. The healthcare professional’s access is read-only and does not allow entering any information.
5.4. As a beneficiary of medical services the User must acknowledge that healthcare professionals use any information collected about their patients at their own responsibility, as stated by the deontological principles of medicine.
5.5. Therefore, the information gathered through the Emergency Card and the Emergency Card Service is used under its sole and exclusive liability regarding the following medical acts: establishing the diagnosis, making treatment decisions and/or performing therapeutic measures.
5.6. Under no circumstance will Health Life be held liable for any of those acts or for any medical fault committed by the health professional.
5.7. The beneficiary of medical services should also be aware that Healthcare Professionals cannot dispense check-ups, exams and, in general, all acts required by the practice of medicine because of their access to the health information data provided by the Emergency Card Service, nor can Health Life respond by any damage caused by medical interventions based on that information or omitted because of it.
6. Emergency Card Service – Service subscription
6.1. After contracting the Service, fulfilling the information fields provided by the website and proceeding to the respective payment, the User will receive an e-mail from Health Life with the confirmation of the Service subscription and the payment handling, as well as a copy of the referred terms and conditions.
6.2. The numeric code and the QR code will be impressed on the Card, therefore, they will be communicated to the User only after the reception of the Card.
6.3. The Card and the respective Codes will be sent by registered letter hand delivered.
6.4. Having the Card in his possession, the User must proceed to activate the codes by entering into his profile and give the order to activate.
6.5. Suspected misplaced Cards should be immediately communicated to Health Life in order to initiate the necessary proceedings.
7. Emergency Card Service - Commercial Conditions
7.1. To use the Emergency Card Service, the User must access the site through the internet, and purchase the Service. More so, he must register with the site.
7.2. The Service can be purchased for EUR 9,99 + delivery cost, for the period of one year from the registration date. Payment is made by credit card (MasterCard, Visa or Visa Delta) using the payment platform PayPal (secure platform).
7.3. During this one year period the User may ask for a new card whenever there is relevant additional information (the overcoming of a new disease, the modification of the emergency contact). The cost, for requesting a new card, willbe of the initial price (EUR 9,99 + delivery cost), so initiating a new contractual period of 1 year.
7.4. For the Users who have acquired the Emergency Card Service, these Terms and Conditions constitute an agreement between the User and Health Life for the use of the Service.
7.5. Unless terminated by the User within two weeks prior to the expiration date, the membership will automatically be renewed for a contract period of the same duration (one year), for the price of EUR 10,00.
7.6. Should such situation occur, Health Life reserves itself the right to charge the due payment for the next one year period, by charging the User’s credit card, upon the User’s acceptance of these terms of sale.
7.7. The Service will be available in English, and Portuguese.
7.8. The Service includes the right to updates and improvements ("releases") provided by Health Life during the period in which the Service is in force. Health Life does not guarantee or assume any responsibility to provide the User with a minimum number of releases, nor to maintain the existing features previously released.
8. Termination of the Service
8.1. The User may terminate the contract at any time by writing a registered letter with acknowledgment of receipt to Health Life [Nossa Senhora da Graça – Plateau Rua 5 de Julho, 131 – A Praia – Santiago, Cabo Verde] expressing that will.
8.2. Any termination operated by other means will not be effective and the contract will remain in force.
9. Security and Availability
9.1 Whilst Health Life makes reasonable efforts to ensure an uninterrupted Service, it cannot guarantee that the use of the website and connected Services will be uninterrupted. The User accepts that Health Life may temporarily suspend the Services from time to time without prior notice, in order to undertake essential maintenance. Nossa Senhora da Graça – Plateau Rua 5 de Julho,
131 – A Praia - Santiago
Cabo Verde
9.2. Health Life has undertook appropriate technical and organizational measures in order to protect the User’s information, as explained in the present document and the Privacy Policy. However, the User acknowledges that the internet is not entirely secure. Therefore, Health Life does not accept any responsibility for any unauthorized access or loss of personal information, beyond its control.
9.3. All information presented in printed or electronic versions of the User’s Emergency Card is a reproduction of the health data submitted to the Emergency Card Service by the User under his sole responsibility.
9.4. Health Life will not be held responsible for undue information included in the User’s profile in violation of the Terms and Conditions, nor by damages caused on the life, body or health of the User by means of a medical act based on any kind of undue information. The responsibility for the inclusion of information on his profile falls under the exclusive responsibility of the User.
9.5. Each time an addition, modification or suppression of information occurs, or an access to the information saved in the profile takes place, the User will be informed by e-mail.
10. User and Visitors
10.1. Access to the site is free of charge and open to all Users.
10.2. Non-registered visitors may divulge personal data to Health Life if they subscribe any newsletter. In such case, the relevant provisions for Users concerning Personal Information under these Terms and Conditions shall apply.
10.3. The Emergency Card Service is only available upon registration with the site and upon verification of the other commercial conditions, as set out above.
11. What the User MUST do
The User must comply with the following, as applicable:
a) Comply with the law and with these Terms and Conditions, especially in what pertains to the use of the Emergency Card Service;
b) Adopt all measures to protect his username and login/password, , in order to prevent any unauthorized access to the information added to his Emergency Card or to the complementary health information data;
c) Notify Health Life immediately if any breach of security occurs related with the Service;
d) Notify Health Life immediately in case of the Emergency Card’s loss or theft, or if the User suspects of any breach of his secure access, by sending an email to: <a href="mailto:alert@emergencycard.me">alert@emergencycard.me</a>.
12. What the User SHOULD NOT do:
a) Violate, intentionally or unintentionally, the law and the Terms and Conditions of access and use of the Service;
b) Grant third parties access to their numeric code or QR code to access the Service (except when aimed to receive medical treatment);
c) Grant third parties access to their username and login/password;
d) To imitate or to impersonate another person or to take advantage of his relationship with another person;
e) Use the Service to threaten, abuse or harass any person or group of people;
f) Use the Service to cause, in any way, any damage, especially to minors or to any person or group of disadvantaged people;
g) Use the Service to record and/or transmit on the Site or by electronic mail ("e-mail") any unlawful, threatening, harassing, abusive, defamatory, obscene, pornographic, in breach of privacy, racist or discriminatory content against any person or group of people;
h) Use the Service to record and/or transmit, without such right or consent, any content forbidden under law or contract, including confidential information obtained as part of employment or professional relationships, including the doctor-patient relationship, or information that infringes any intellectual property right, copyright, personal rights or any other rights of any third party;
i) Use the Service to record and/or transmit, or otherwise use, any portion of the Service for the purpose of ads and/or messages (commercial or otherwise) unauthorized or unsolicited;
j) Use the Service to record and/or transmit any software that contains viruses or any other computer code, file or program designed to interrupt, destroy, damage or limit the use of internet by thirds;
k) Record and/or transmit any software that contains viruses or any other computer code, file or program designed to interrupt, destroy, damage or limit the functionality of the Site, the Service or any hardware, software or telecommunication equipment;
l) Copy, transmit, modify, distribute, use for commercial purposes, publicly display or execute any of the contents available on the website or connected services, or create any work that derives from those contents, except when the contents’ author is the User himself or the contents’ author consents to such thing;
m) Obtain or store, without the holder’s authorization, data of other users;
n) Use of any automated process or service (such as a BOT, spider, periodic caching of information or "meta-search") to access and/or use the Service;
o) Damaging, make unavailable, overload or decrease the capacity of the Service (or networks connected to the Service) or interfere in any way with the proper functioning and use of the Service;
p) Reproduce or copy, temporary or permanently, and by any means or engineering process, the Service offered by Health Life.
13. Liability
13.1. Health Life will not be held liable for any damage and/or loss suffered by the User or third parties resulting from any contingency and/or unavoidable circumstances.
13.2. Health Life will not be involved in an eventual malpractice litigation concerning medical acts performed based on the health information provided by the Emergency Card Service, since medical decisions are the sole responsibility of the health professional, as referred above.
13.3. Health Life will not be responsible for the wrong use of the Service made available on the website, nor for the damage caused by that inappropriate use.
13.4. The User also acknowledges that the Internet is a public network and, as such, Health Life will not be liable for any damage resulting from the use of this same network.
14. Personal Information
14.1. Personal information collected from the site is processed according to the privacy policy, which is a part of these Terms and Conditions by reference (<a href="http://www.emergencycard.me/privacy">http://www.emergencycard.me/privacy</a>).
14.2. By agreeing to these Terms and Conditions, the User expressly consents and authorizes Health Life to receive, store and process the data recorded, including without limitation, clinical, genetic and health data and other personal data supplied during the registration process, provided by the User, so that Health Life can produce his Emergency Card.
14.3. For this purpose, it is understood that the User has granted access or allowed any third party to amend his personal information whenever the User’s security codes (e.g. password, username, PIN number, etc.) are used for such, irrespective of the actual authorization by the User.
14.4. To secure the integrity of the User’s data and to prevent the data from going astray, Health Life complies with market leading security technologies, during the communication, production and storing process.
14.5. All health data received by the Health Life systems is stored in an encrypted format. All access to this data is strictly limited to authorized personnel only, that has previously signed a non-disclosure agreement and is obliged not to disclose, copy or use any of the data for any other purposes.
14.6. The User’s personal details will not be provided to a third party for processing or storage.
14.7. By agreeing to these Terms and Conditions, the User expressly consents and authorizes Health Life to store and process the data recorded on a server or servers - data center - located in Ireland and/or in the United States of America.
14.8. The User acknowledges and agrees for all legal purposes that during the registration process he will be contacted by Health Life via e-mail in order to successfully complete the registration process.
14.9. Health Life acknowledges that there is always a risk that any information, whether in written or printed format, stored in a computer system or being communicated by a computer system, may be subject to misuse or theft. Therefore, Health Life emphasizes that it takes the appropriate technical and organizational measures at all times, in order to protect the User’s data against unauthorized access, and therefore comply with the regulations stated in applicable law.
14.10. Our data storage systems are continually updated and improved as new technologies become available, or as the new compliance requirements dictate.
14.11. The entire User’s personal data available through the Emergency Card Service will be stored for the contract period only. After the contract period is terminated, the User’s health data (medical and pharmaceutical) will be permanently deleted after one month.
15. Intellectual Property Rights
15.1. The structure, design, text, images and sound files, as well as logos, names, brands and distinctive signs of Emergency Card Service are protected by intellectual property rights and / or others that are exclusively owned by Health Life or licensed to Health Life.
15.2. Any use or reproduction, of any kind, of the Emergency Card Service and its contents, outside its intended use, it’s strictly forbidden.
16. Received emails
16.1. Whenever Health Life receives an email sent via the site, it will do its best to provide the User with an answer as soon as possible and will try to respect the time requested by the User in his email.
16.2. However, Health Life cannot predict nor guarantee the time needed to provide the User with an answer.
17. Hyperlinks ("Links")
17.1. The site may have hyperlinks ("links") to other Internet sites registered under the name of other entities.
17.2. Health Life does not have any connection and/or control over those same sites, and will not be responsible for the truthfulness, correctness and/or accuracy of the contents made available, as well as the use made of them, nor will it be responsible for the action of any destructive virus and malware or any privacy breaches that take place in such website.
18. Advertising
Health Life shall not be responsible for any damage that may occur as the result of dealings between the User and advertisers on the website.
19. Notices
Health Life may publish notices on the website, or create special links to inform of changes to the present terms and conditions or of any other subject.
20. Termination
20.1. Health Life may, at its sole discretion, cancel the access to the Services made available on the site in the terms best described in each particular case, namely due to lack of payment, violation of intellectual property rights and/or following the request of administrative or judicial authorities under the terms of the current law.
20.2. The User agrees that Health Life will not be held liable for any damage caused by the cancelation of the Service without proper cause.
20.3. Following the aforementioned situations Health Life may refuse any new request for Emergency Card Service or any other request sent to Health Life.
21. Law and Jurisdiction
21.1. This Terms and Conditions shall be governed by and construed in accordance with the laws of Cap Vert.
21.2. All disputes between the Parties which may arise out of or in connection with the present Agreement, namely regarding the interpretation, validity, effectiveness, execution, breach, or termination thereof, shall be referred to and finally resolved by the courts of Praia, Cap Vert.
22. Final provisions
22.1. Health Life reserves the right to modify or change, at any given time and without any previous notice, the current terms and conditions of use. New terms and conditions of use become effective as from the date of disclosure.
22.2 Should any of the provisions of the present terms and conditions be considered illegal or inapplicable, as a whole or partly, that provision will not be considered as part of these terms and conditions, but the remaining provisions will remain valid and applicable.
For further information, please contact:
Health Life
Nossa Senhora da Graça – Plateau Rua 5 de Julho
131 – A Praia - Santiago
Cabo Verde
Email: info@emergencycard.me
Emergency Card’s Privacy Policy
The following document contains the privacy policy adopted by Health Life, regarding the protection of information of <a href="http://www.emergencycard.me/">http://www.emergencycard.me</a>.
Users are invited to visit Emergency Card website under the terms and conditions for access and use. Access and use of the website is free of charge. Personal information will only be supplied voluntarily and when strictly necessary to use the Emergency Card Service or by means of a request send to Health Life by the User himself or by an authority justified in a legal authorization, a judicial mandate or an administrative decision.
1. Data Collection
When visiting the website, user data, such as IP (Internet Protocol) address, ISP (internet Service Provider), date and length of visit, will automatically be registered. In accordance, the User is warned of such processing before he enters the site, whereas by entering the site it is understood that his express and clear consent is given to such processing of personal data.
The data processed in this way shall be processed for statistical purposes only (e.g. to determine the number of visitor, the average duration of each visit, etc.) and is not individually identifiable.
2. Personal information and access rights
Personal information will be provided freely and voluntarily, with a defined, explicit and legitimate purpose. The User must provide truthful, accurate and complete information and also maintain it up-to-date. Whenever Health Life collects personal information, the owner of that information will be informed about the purpose of the data collection and processing. Furthermore, the User will also be informed on how to access his personal information in order to update, correct or eliminate it, as determined in the Personal Information Act of the Cape-Verdean legal system.
Health Life will not sell, distribute or provide personal information to third parties, including affiliate companies, without prior knowledge and consent of the owner of that information, except in cases in which Health Life is forced by law or by any judicial or administrative decision to do so.
Health Life will not be responsible for personal information provided to third parties via any site connected to <a href="http://www.emergencycard.me/">www.emergencycard.me</a>.
3. Information protection policy
Health Life will employ the technical and organizational measures considered adequate to protect and maintain the confidentiality of the User’s personal information against loss, destruction, accidental or illicit usage. For that purpose, and to guarantee greater safety in processing personal information provided by Users, data may be transferred to any country within or outside the European Union, namely to the U.S.A., where they will be stored.
Regardless of the aforementioned, once data is transferred to another country, the laws of that country also apply to the entities operating there, whether native or not, namely those laws concerning access to security departments. Furthermore, whenever legally or judicially required by authorities, Users agree and accept that Health Life will grant those entities access to User’s personal information.
Regardless of all the safety measures adopted by Health Life – encryption systems and “Firewalls” – Users accept and acknowledge that the transmission of their data is performed in an open network – the Internet – thus, Health Life cannot guarantee the safety of its circulation. Users are, hence, aware that their information might be seen as used by unauthorized third parties.
As far as legally possible under the applicable legislation, Health Life will not be liable for any failure and/or loss of storage of any message, data or content, nor for undue modification of dates held by third parties, either due to, but not limited to, network disturbances, computer failure, errors and/or faults of the Internet service provider.
4. Site use by minors
The site is to be used by adults only.
Health Life expressly requests minors not to register and/or transmit any personal information on the site.
For further information or access to personal information, please contact:
Health Life
Nossa Senhora da Graça – Plateau Rua 5 de Julho
131 – A Praia - Santiago
Cabo Verde
Email: info@emergencycard.me