1 – GENERAL INFORMATION

The owner of the website www.plagiocefalia.com (hereinafter, the “Website”) is Dr. Joan Pinyot Garròs. The services detailed on this Website are provided and marketed under the trade name European Craniofacial Medical Center.

The following are the identification data:

• Owner: Dr. Joan Pinyot Garròs (hereinafter, “European Craniofacial Medical Center”)
• VAT ID: 39019337-K
• Registered Office: C/ Centre 31-33, Castellar del Vallès 08211, Barcelona
• Tel.: (+34) 902 107 025
• E-mail: [email protected]

2 – PURPOSE OF THE WEBSITE

The purpose of the Website is to make available to users all information relating to the services and activities offered through the Website, which is owned by European Craniofacial Medical Center.

3 – ACCESS AND USE OF THE WEBSITE

The Conditions of Use regulate the access and use of the Web Site. The access and use by the users implies the acceptance of these Terms of Use, as well as its Privacy Policy  and its Cookies Policy.

4 – OBLIGATIONS OF USERS

As a condition for the access and use of the Website, the user knows and accepts that:

1. Access to and use of the Web Site is subject at all times to compliance with these Terms of Use; and
2. You will make a responsible and reasonable use of the Web Site and its contents, according to the possibilities and purposes for which they are respectively conceived.

5 – RULES OF USE

It is expressly forbidden:

• Use any of the contents and services for illicit purposes or effects, prohibited in these Terms of Use and other applicable conditions, harmful to the rights and interests of third parties, or in any way that may damage, disable, overburden, impair or impede the normal use of the Website.
• Use content and services that are protected by any intellectual or industrial property right belonging to European Craniofacial Medical Center or third parties, without the user having previously obtained the necessary authorization from the owners to carry out the use that he/she is making or intends to make;
• Reproduce, copy, distribute, communicate, transform or modify the contents of the Website, unless authorized by European Craniofacial Medical Center; and
• Incorporate viruses or other physical or electronic elements that may damage or prevent the normal operation of the Website, as well as the network, system or computer equipment (software and hardware) of European Craniofacial Medical Center or third parties, or that may damage the electronic documents and files stored in this computer equipment.

The User shall be liable for damages of any kind that European Craniofacial Medical Center may suffer as a result of the breach of any of the obligations to which he/she is subject by virtue of these Terms of Use or applicable law.

Failure to comply with any or all of the rules of use included in this clause constitutes a breach of these Terms of Use, entitling European Craniofacial Medical Center to take any or all of the following actions (with or without notice):

• Immediate, temporary or permanent withdrawal of the user’s right to use the Website;
• Immediate, temporary or permanent removal of any content of the user;
• Issuance of a warning to the user;
• Take legal action against the user, including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal expenses) resulting from the breach; and
• The disclosure of this information to the competent police and judicial authorities.

6 – CONDITIONS USE OF THE INITIAL DIAGNOSIS

The user who makes a request for an initial diagnosis through the form provided must comply with the following requirements:

• The person making the initial diagnostic request must include a photograph [indicate lateral, frontal…] so that European Craniofacial Medical Center can make the diagnosis.

The photographs provided will not be used for any publication, nor will they be distributed or used for scientific or statistical purposes.

• The photographs provided will be sent by the parents or legal guardians of the minor, or failing that, by a person authorized by the father, mother or legal guardian of the minor.
• European Craniofacial Medical Center is under no obligation to respond to requests that do not meet the requirements necessary to make a diagnosis.
• European Craniofacial Medical Center will make an approximate initial diagnosis based on the information received. This diagnosis is not legally binding and must be confirmed by a health professional through an in-person visit.
• European Craniofacial Medical Center will not respond to queries regarding the initial diagnosis received. However, as long as the parents or legal guardians proceed to explicitly request, through the communication channels provided, an in-person visit, European Craniofacial Medical Center will be able to carry out a subsequent follow-up to confirm and make a definitive diagnosis.
• Parents or legal guardians are responsible for the confidentiality of the initial diagnosis received. European Craniofacial Medical Center will not be responsible for the use made by parents or legal guardians of the initial diagnosis received.

7 – LIMITATION OF LIABILITY

European Craniofacial Medical Center makes its Website available to the user, assuming solely and exclusively the responsibility derived from the diligence that may be required by law. Therefore, European Craniofacial Medical Center will not assume any liability, whether direct or indirect, arising from the misuse or fraudulent or illicit use made by the user of the Website or of the contents therein.

European Craniofacial Medical Center will use all reasonable efforts and means to make the Website available, although it does not guarantee that there will be no interruptions or errors in accessing the Website, nor does it assume any responsibility for technical problems or failures that may occur during the user’s Internet connection.

Likewise, in no case shall European Craniofacial Medical Center be liable for:

1. Problems of access, availability and/or continuity of the Website that allow access to the same through a mobile terminal and/or of the functionalities that comprise it, when these are derived from factors beyond the scope of control and activity of European Craniofacial Medical Center. For example, and without limitation to, the terminal used by the user, the available bandwidth, the speed of the Internet connection or the geographic location;
2. Damages of any kind that may be caused by the interruption, termination or dysfunction of the Website for causes not attributable to European Craniofacial Medical Center; and
3. The existence of viruses or other elements that may cause alterations to the user’s computer system and/or mobile terminal. European Craniofacial Medical Center shall not be liable for any damage and/or harm to the software and/or hardware of the user arising from access and/or use of the Website.

8 – USE OF LINKS

1. The use of any technical, logical or technological resources by virtue of which anyone, whether or not a user of the Web Site, may benefit, directly or indirectly, with or without profit, from the contents of the Web Site is prohibited;
2. Unless authorized by European Craniofacial Medical Center, no one may insert on their website, blog, forum, or any other social network, a link, hyperlink or similar link that redirects to the Website or other URLs. If European Craniofacial Medical Center detects any such link, without having the corresponding authorization, it will be fully entitled to act to remove this link and, if appropriate, bring it to the attention of the competent authorities; and
3. Third Party Links: The User acknowledges and agrees that European Craniofacial Medical Center is not responsible for the accuracy or availability of information, material or content contained on third party websites. Nor is the European Craniofacial Medical Center responsible for the content, operation, terms of use or privacy policies of these third party websites.

9 – INTELLECTUAL AND INDUSTRIAL PROPERTY

European Craniofacial Medical Center has exclusive ownership of all intellectual, industrial and analogous property rights of the different elements that make up the Website: texts, graphic designs, photographs, videos, color combinations, source code, etc., as well as its structure and distinctive signs (logos, trademarks and trade names). The use, reproduction, distribution, public communication, transformation or any other similar or analogous activity is strictly prohibited, unless authorized in writing by European Craniofacial Medical Center.

Use of the Website may not be construed as a license or right to use any European Craniofacial Medical Center content, trademarks, names, logos, images or trade names.

Unauthorized use, as well as any damage caused to the intellectual and industrial property rights of European Craniofacial Medical Center may give rise to the exercise of the actions to which it is legally entitled, and to the liabilities that, if applicable, derive from the same.

10 – DATA PROTECTIONTOS

European Craniofacial Medical Center is subject to Spanish and European data protection legislation regarding the collection and processing of personal data. For further information, the user can consult the Privacy Policy  and the Cookies Policy.

11 – LANGUAGE

The user may consult these Terms of Use in several languages at any time.

However, the user declares that he/she is aware of and accepts that in the event of any contradiction between the different translated versions of these Terms of Use and other legal provisions made available by European Craniofacial Medical Center, the Spanish version shall prevail.

12 – NULIDAD

If any provision of these Terms of Use is declared, in whole or in part, void or unenforceable, such declaration shall only affect that provision or part thereof which is void or unenforceable, and all other provisions shall remain in full force and effect.

13 – APPLICABLE LAW AND JURISDICTION

These Terms of Use shall be governed by Spanish law, and any dispute shall be settled in the Courts of Barcelona, except in those cases where a legal provision establishes another jurisdiction in favor of the user.