Terms and conditions. Estoy Sano Platform.

www.estoysano.com.mx Platform is property of Sistemas de Experiencia Biex, S.A de C.V. (BIEX). It offers website functions, mobile applications, and other products and services when you visit or buy at estoysano.com.mx, when you use BIEX products and services, BIEX applications for mobile devices or use software made available by BIEX (collectively, BIEX services). BIEX provides you with services under the following conditions.

PRIVACY OF INFORMATION:

To use BIEX services, users will have to provide certain personal information. This personal information is processed and kept within servers or magnetic means which maintain high security standards, physical as well as technological. We encourage you to read our Privacy Notice which also rules your interactions with BIEX services so you can get to know more about our practices.

ELECTRONIC COMMUNICATIONS:

Every time you use BIEX services or you send us an email, voicemail, or other communication from any device, you will be communicating electronically with us. You accept to receive electronic communications from us in a variety of forms, for example, through the following types of data messages: email, text messages, automatic notifications from our app or through notes and messages shared by us through our website. You accept all contracts, notes, messages, and other notifications and communications that we send you through electronic means that satisfy any legal requisite in written form. They all have full legal effects and validity.

COPYRIGHTS:

Every content lodged or put at disposal through any of our BIEX services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data gathering are BIEX property or property of its providers of content and are protected by copyright laws. The bulk of content lodged or put at disposal through any BIEX service is exclusive property of BIEX, and is protected under intellectual property laws.

BRANDS:

BIEX has several brands undergoing registration processes with Mexican authorities. You can consult them at their websites, including Estoy Sano. Additionally, graphics, logos, page headings, button icons, scripts and service names that appear included or available at BIEX services are owned brands and represent BIEX commercial image in México. Trademarks and BIEX commercial image may not be used in relation to any product or service not owned by BIEX, nor in any way that can confuse its users, diminish or discredit BIEX. The rest of the brands which are not BIEX property that are included or are available through BIEX services belong to their legal owners, who may or may not be affiliated or related in any way to BIEX

YOUR REGISTRATION AND ACCOUNT

It´s possible that you want to register in order to access the site and generate an account under your name, as well as a valid payment method associated to your account so you can use certain BIEX services. In case there is any problem with your payment method, we could charge you through any other valid payment method associated to your account. When you use BIEX services you are responsible for keeping your account information and passwords confidential, as well as of restricting access to your computer and other devices, and you assume responsibility of any activity carried out with your account and password.

BIEX offers products only to adults, who may get them through a credit card or other authorized method of payment. If you are under 18 years of age, you can use BIEX services only with the participation and involvement of one of your parents or tutors.

BIEX reserves the right to cancel accounts, remove or edit content, cancel orders in case of violation to the present Terms and Conditions, or any policy, BIEX Terms and conditions, third party rights, commission of crimes or any other conduct that hurts BIEX’s reputation or client´s experience.

PRODUCT DESCRIPTION

In our website you will find full information about the characteristics of PCR, antigen and antivirus tests, by brand and provider, that you may acquire and check, once acquired, when you go to the address where you will be tested, or at home if you opt for that purchase alternative. Once acquired, you cannot get a reimbursement.

PRICE OFFERED

In terms of article 42 of the Consumer’s Protection Federal Law, the price displayed for each product and/or service is the final price offered to the public in terms of the applicable law and/or suggested by the manufacturer or retailer, including, when applicable, the taxes associated to the sale. In our site we may promote other offers associated with the sale of goods and/or services. The user/client will have the right to mention the offers that apply to the Shop cart. Estoy Sano will respect said offers. However and regardless of our best efforts and for causes attributable to our providers, to our logistics service providers because of technical difficulties in the updating of our publicity and to the time lapse that naturally may be spend in the revision and putting up to date our price lists, or due to inventory mistakes, some of our goods and products displayed at the site could appear with a price different than the one shown or out of date.

PRODUCT AVAILABILITY AND APPOINTMENT SCHEDULE

All information and details regarding product availability and scheduled appointment for application are subject to the provider’s possibilities. In case that, for any reason, during purchase procedure the product ordered by you is no longer available, you will not be charged.

If the product or test you ordered isn´t available, you may order the same one with another provider after confirming availability within the required time frame. If we cannot provide you with your desired product, your order will not be confirmed and we will reimburse you.

We allow purchases in quantities according to the client’s demands, as long as the client registers the required information for the application of the tests in our platform.

CANCELLATION AND REFUND POLICIES

The cancellation of the purchase can be made prior to the test acquired in the following terms:

  1. Up to 48 hours the customer will be reimbursed 100% of the purchase.
  2. Up to 24 hours the customer will be reimbursed 50% of the purchase.
  3. Less than 24 hours there will be no refund.

A charge will be applied to the refund for the sale transaction and for the cancellation effected, the resulting amount will be returned to the customer through the original method of payment.

The cancellation request must be made by calling 55 1936 2955 indicated at the electronic address www.estoysano.com.mx.

PUBLICITY AUTHORIZATIONS

All publicity materials lodged at the site are shown there according to statements made to Estoy Sano by providers, authors and owners of said publicity about their materials complying with all legal requisites to be legally deployed at our site. The user and/or client recognizes and accepts that Estoy Sano does not design nor produces the publicity of goods and/or products in its site, especially drugs, medication, vitamins, SARS-CoV-2 detection tests, nor health goods and/or products, which is the obligation of the providers, authors and owners of said publicity, and therefore accepts and recognizes that Estoy Sano will bear no responsibility whatsoever related to imprecisions or misorientations caused by said publicity. Accordingly, Estoy Sano will not be responsible for the consumption, use and/or the effects of said goods and products, drugs, medication and anti CoViD-19 detection tests in the broadest sense permitted by the applicable law. The announced items appearing in the site are subject to the availability of goods and products belonging to branches of the advertising businesses, which appear in the Order Confirmation. Each client acknowledges that the publicity in the site is made about offers or commercial promotions exclusively related to the existence of goods and products and their final price –VAT included- to charge through the Estoy Sano platform; and not about the characteristics of said goods and products, which are the sole responsibility of the corresponding providers.

The advertisers who according to legal and sanitary current dispositions should have requested one or more publicity permits for products and services must notify Estoy Sano in writing of said permits, so that Estoy Sano is capable of publicizing said administrative permits, in charge of COFEPRIS. Estoy Sano does not promote products or services that are not backed by a provider, which is responsible of obtaining and maintaining such authorizations

DESPCRIPTION OF GOODS AND/OR SERVICES

Estoy Sano tries to be as precise as possible in describing all goods and services displayed at the site. However, Estoy Sano does not guarantee that the description of goods and services is precise, complete, detailed, up to date and free of errors. If upon delivery a good and/or product displayed at the site does not meet the description given to the user, She/he can refuse acceptance and Estoy Sano will be forced to reject the corresponding payment; or in case the latter was received through debit or credit card it will reimburse the corresponding amount through deposit to said card in a maximum of five working days following the date of the client’s refusal of the good and/or service. In any case the final description of the good and/or product subject to a purchase offer will be included in the corresponding Order Confirmation.

The Client will be responsible of verifying that the good and/or product meets the description given in the Shop Cart and in the corresponding Order Confirmation. The images are only rendered with illustrative purposes and the characteristics of the product may vary without prior notice.

ABSENCE OF OBLIGATIONS OF ESTOY SANO ABOUT THE SITE

Estoy Sano is under no obligation to maintain operational or up to date the account of any client/user and will be free to exercise the right to restrict, cancel or suppress at any moment any service of its site, cancel or suppress any account, and eliminate, remove or edit the contents of the site at its own discretion. Estoy Sano reserves its right to fix any mistake or omission of any information in its site. Estoy Sano agrees to fix any glitch, malfunction or technical mishap as quick as possible. The software, links and other resources at the site are provided by Sistemas de Experiencia BIEX, S.A. de C.V., as they are and without any guarantee of their quality, state, functionality or compatibility with any other device in which it is used. For that reason, Estoy Sano will bear no responsibility about any damage or harm caused to said device.

Estoy Sano does not guarantee that the site will satisfy the user/client’s needs nor that the services, goods and products available will suffer no interruptions, are safe or exempt of failures. Estoy Sano is free of conditions and responsibilities, tacit or implicit, with regards to the goods and products, services and information contained or available at or through the site, including, but not limited to: a) availability of the site; b) absence of virus, deactivators or any other contaminating material or with destructive functions with regards to the information or software available at or through the site; and c) Estoy Sano or its providers may update their contents constantly, therefore asking the user/client to constantly check the information because it can at any moment become obsolete and/or contain imprecisions or mistakes of any kind.

A broadly as permitted by the applicable laws, Sistemas de Experiencia BIEX S.A. de C.V. will not be responsible, in any case, for direct, special, incidental, indirect or consequential damages that in any form are derived from or related to: d) the use of the site or its unavailability; e) the voluntary or involuntary alteration, total or partial, of the information once it is uploaded to the site; f) any other aspect or characteristic of the information uploaded or published at the site through the links eventually included in it; and g) all the above mentioned will be valid, even in the cases in which Estoy Sano may have been notified or warned about the possibility that said damages may occur.

ABSENCE OF MEDICAL OR PHARMACEUTIVCAL RECOMMENDATIONS

Nothing in the site constitutes nor will constitute a medical prescription, suggestion, recommendation, instruction, advice, council, or medical, clinical, pharmaceutical, nor sanitary assessment. The site is only for divulgation and information purposes to the general public. If any user/client has any illness or symptom, or if it wishes to determine the state of its health or engage in any physical activity, we strongly advise to consult a physician. The user/client understands and convenes that Estoy Sano will not be liable for any damage or harm suffered as a consequence of the purchase or use of any good/product/service displayed at the site; and with the present document waivers Sistemas de Experiencia BIEX, S.A. de C.V. of any obligation or responsibility that might occur.

GENERAL CONDITIONS ABOUT BIEX SOFTWARE

All software, including updates, improvements and any other documentation related to said software, which we make available through BIEX services, is subject to the present Conditions of Use and Sale.

BIEX PROVIDERS

Parties other than BIEX provide services or sell products at this site. We also offer links to other websites of affiliated providers and of other companies. We are not responsible for examining or qualifying, nor in any case we guarantee, the offers of said companies and parties, nor for the content lodged at their own websites. BIEX assumes no responsibility for the actions, products and contents of any kind of said companies and parties.

RESPONSIBILITY FOR THE COMMERCIALIZATION OF GOODS AND SERVICES

BIEX is responsible for the economic transaction resulting from the commercialization of products and services offered through estoysano.com.mx The quality of the products is responsibility of the manufacturer, and so is providing them on time and in shape by the third parties who offered them through estoysano.com.mx BIEX is responsible of the sale of those products and services as well as of offering technical assistance in regards to the possible reclamations made by the buyer regarding the purchase.

LIABILITY LIMITS

BIEX services and all information, content, materials, products (including software) and other services in, or available for you in any other way at, BIEX services, are offered by BIEX on an “as is” and “if available” basis, unless stated otherwise in writing. BIEX does not guarantee, nor manifests about, implicitly or explicitly, about the operation of BIEX services, nor about information, content, materials, products (including software) and other services in, or in any other way, available to you, through BIEX services, unless specified in writing. You expressly accept that using BIEX services is at your own risk.

To the extent possible according to law, BIEX waives any guarantee, stated or implicit, including without limitation, implicit guarantees about the right to commerce and suitability for a specific purpose. BIEX does not guarantee that its services, information, content, materials, products (including software) and other services, included in, or otherwise available to you through, BIEX servers or electronic communications sent by BIEX, are free or viruses or other malign components. BIEX will not be responsible for any damage of any kind resulting from the utilization of its services, or for any information, content, materials, products (including software) and other services included in, or in any way available to you, through BIEX services, including without limitation, direct, indirect, punitive, or emerging damage, unless specified in writing.

Some laws do not allow the limitation to implicit guarantees or the exclusion of certain damages. If these laws apply to you it is possible that some or all liberations, exclusions or stated before limitations are not applicable to you and that therefore you may get additional rights. Liberations, exclusions and limitations will apply to the maximum extent of the applicable law.

POLICY MODIFICATIONS

BIEX reserves for itself the right to modify its website, policies, Terms and Conditions at any moment. Your continuous utilization of its services will imply that you accept said changes. If any of these considerations is deemed invalid, null, or unredeemable by any cause, said condition will be considered independent and will not affect the validity and enforceability of any of the other conditions.

CONTROVERSIES

Any legal controversy and claim in relation with the usage of BIEX services, products offered by BIEX or through www.estoysano.com.mx or the present Terms of Use will be subject to and solved by the Procuraduría Federal del Consumidor (PROFECO).

ADDITIONAL CONSIDERATIONS ABOUT BIEX SOFTWARE

  1. Using BIEX software. You will be able to use BIEX software exclusively to access BIEX services given by BIEX, as much as these General Service Conditions, Software Conditions and any Service General Conditions permit. You are not allowed to incorporate any portion of the BIEX software to your own programs or use any portion of it in combination with your own programs, transfer it to use with another service, sell, rent, lease, lend, accredit, distribute or sub-license BIEX software, or give away in any other form any BIEX software rights in whole or in parts. You are not allowed to use BIEX software for any illegal purposes. We can stop providing any BIEX software and take away your right to use any BIEX software at any moment. Your rights to use BIEX software will be terminated automatically without prior notice by us in case you break any of the rules included in these Software Conditions, Terms of Use or any General Service Conditions. These rules may apply to BIEX software (or to the software incorporated by BIEX), additional third party conditions included in, or distributed by, certain BIEX software identified specifically in the applicable documentation that will rule the use of said software in case of conflict with these Terms and Conditions. All software used in any BIEX service is the property of BIEX or its software providers and is protected by Mexican intellectual property laws.
  2. Usage of third party services. When you use BIEX software, you can also be using services of one or more third parties, such as providers of such services. Your use of these third party services may be subject to policies, conditions of use and costs of said third parties.
  3. Prohibition to perform actions of reversal engineering. You are forbidden to perform, encourage, assist, and authorize any other person or entity to copy, modify, reverse engineer, decompile and disassemble, or in any way manipulate BIEX software, in whole or in parts, nor perform any actions with or derived from BIEX software.
  4. Updates. In order to maintain BIEX software up to date, we can offer automatic or manual updates at any moment without having to notify you
Address

Avenida Presidente Mazaryk 191, 1st floor, Polanco, V Section, Miguel Hidalgo municipality, zip/postal code 11560, México City. In case of doubt about these Terms and Conditions or other policies and principles that norm BIEX activities or estoysano.com.mx, we can help you at asistencia@estoysano.com.mx.

Latest Update

August 23, 2021

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