Terms of use

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Contractual Relationship

These terms of use (“Terms”) govern your access and use NubianPro Doctor+, as an individual, Cape Verde, applications, Internet sites, content, goods and services also services (the “Services”) made available by Netxtudio Ltda., a company limited liability company, established in Cape Verde, headquartered in Avenida 5 de Julho, nº. 5, R / C, CP 641, São Vicente, registered in the Register National Legal Entities of the Ministry of Justice and Labor (NIF) under n.265469147/2136320120531 (“Netxtudio”) or any of its affiliates. PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSINGOR USE THE SERVICES. By accessing and using the Services you agree to these terms and conditions, which establish the contractual relationship between you, user quality, and Netxtudio. If you don’t agree with these Terms, you may not access or use the Services. Through said access and use, these Terms immediately terminate, replace and exceed all previous agreements, Terms and arrangements between you and any Affiliate of Netxtudio. Netxtudio may immediately terminate these Terms or any Services in relation to you or, in general, stop offering or deny access to the Services or any part thereof, at any time and for any reason. Additional terms may apply to certain Services, such as conditions for a particular event, activity or promotion, and those terms. Additional information will be disclosed in relation to the respective Services.  Additional information is complementary and considered an integral part of these Terms for the purposes of the respective Services. Additional terms will prevail over these Terms in the event of a conflict with respect to said Services. Netxtudio may change the Terms relating to the Services at any time. Amendments will take effect when Netxtudio makes the posting the updated version of the Terms on this site or the conditions updated or Additional Terms for the respective Service. The fact that you continuing to access or use the Services after this posting represents your consent to be bound by the amended Terms. Google, inc is the controller of the personal data collected in connection with the use of Netxtudio Services in Cape Verde. Your personal data is transferred to the United States of America based on mechanisms approved under applicable laws, and the collection and use by Netxtudio of Personal data associated with the Services are made in accordance with the Notice of Privacy gives Netxtudio, what can to be consulted in  www.Netxtudio.com/privacy.

  1. The Services

The Services integrate a technology platform that allows Users of Netxtudio mobile applications or Internet sites, provided as part of the Services (each an “Application”), request and schedule health care services and / or purchase certain goods pharmacists with independent third party providers of these services, including independent third party healthcare providers health, independent third-party providers of healthcare products and independent third parties that supply goods such as pharmaceuticals, through a contract with Netxtudio or certain affiliates of the Netxtudio (“Independent Partners”). Unless otherwise agreed by Netxtudio in a separate written agreement with you, the Services are made available for your personal, non-commercial use. YOU RECOGNIZES THAT NETXTUDIO IS NOT A PROVIDER OF GOODS, PROVIDES HEALTH SERVICES, NOR WORKS AS AN ENTITY OF HEALTH, AND THAT ALL THESE HEALTH OR PHARMACY SERVICES ARE PROVIDED BY INDEPENDENT PARTNERS, WHO ARE NOT EMPLOYEES AND REPRESENTATIVES OF NETXTUDIO, NOR OF ANY OF YOUR AFFILIATES.

License.

Subject to compliance with these Terms, Netxtudio grants you a limited, non-exclusive, non-sublicense, revocable, non-license transferable to: (i) access and use of the Applications on your personal device, solely for your use of the Services; and (ii) access and use of any content, information and related material that can be made available through Services, in each case, for your personal, never commercial use. Any Rights not expressly granted by these Terms are reserved to Netxtudio and its affiliated licensors.

Restrictions.

You may not: (i) remove any copyright, trademark notice or other proprietary notice of any part of the Services; (ii)reproduce, modify, prepare derivative works, distribute, license, lease, sell, resell, transfer, exhibit, convey, transmit or otherwise exploit the Services, except as expressly permitted by Netxtudio; (iii) decompile, reverse engineer or disassemble the Services, except as permitted by applicable law; (iv) connect, mirror or cut any part of the Services; (v) make or launch any programs or scripts for the purpose of scraping, indexing, searching or any other way of obtaining data from any part of the Services, or to overload or unduly impair the operation and / or functionality any aspect of the Services; or (vi) attempt to gain unauthorized access to Services or impair any aspect of the Services or its systems or networks correlated.

Provision of Services.

You acknowledge that the Services may be made available under different Netxtudio brands or different ordering options associated with HEALTH or PHARMACY services provided by Independent Partners, including health service request brands currently referred to as “ND + TimeIsLife”, “Netxtudio Doctor +”, among others. You also recognize that the Services may be available under those brands and solicitation offered by, or associated with: (i) certain subsidiaries and affiliates of Netxtudio; or (ii) Independent Partners, including professionals health services of public or private health entities, holders of permission to Health Care Services in the professional category or holders of health care permits, authorizations or licenses similar.

Third Party Services and Content.

The Services may be made available and accessed in connection with Third-party services and content (including advertising) that Netxtudio will not control. YOU ACKNOWLEDGE THAT TERMS OF USE AND POLICIES FOR DIFFERENT PRIVACY MAY APPLY TO THE USE OF THESE THIRD PARTY SERVICES AND CONTENT. NETXTUDIO DOES NOT ENDORSES THESE THIRD PARTY SERVICES AND CONTENT AND THE NETXTUDIO SHALL IN NO EVENT BE LIABLE FOR NO PRODUCTS OR SERVICES FROM THESE THIRD PARTIES SUPPLIERS (AS). 

In addition, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited and / or its subsidiaries and affiliates international organizations will be third party beneficiaries of this Agreement, if you access the Services using applications developed for mobile devices based on Apple iOS, Android, Microsoft Windows, or Blackberry, respectively. These third party beneficiaries are not part of this Agreement and are not responsible for the provision of the Services or for any form of support for the Services. Your access to the Services using these devices is subject to the conditions established in the terms of services of the respective third party beneficiaries.

Ownership.

The Services and all rights in them are and will remain the property Netxtudio or owned by Netxtudio affiliates, or their respective licensors, as appropriate. These Terms and Use of the Services do not grant or give you any rights: (i) over the Services, except for the limited license granted above; or (ii) to use or in any way Therefore, make reference to corporate names, logos, product or Services, trademarks or service marks of Netxtudio or any Netxtudio licensor.

  1. Use of Services

User Accounts.

To use a large part of the Services, you must register and maintain a Personal Services user account (“Account”). You must be at least 18years to register an Account. Users aged <18 years can be registered provided that they have been duly represented or have obtained the consent of their legal guardian (s) who must have an Account, according to the registration procedure applicable in each case. 

Account registration requires Netxtudio to collect certain personal data, which may include your name, address, mobile phone number and date of birth, as well as at least one valid payment method (cardbank or payment partner accepted by Netxtudio). You agree to maintain correct, complete and updated information in your Account. If you does not maintain correct, complete and updated information in your Account, including if the payment method you entered is invalid or expired, you may be unable to access and use the Services or Netxtudio may resolve these Terms. You are responsible for all activities on your Account and agree to always maintain security and confidentiality of your Account username and password. Unless otherwise permitted by Netxtudio in writing, you may keep only one Account.

User Conduct and Obligations.

You will not be able to authorize third parties to use your Account or receive services from health care of the Independent Partners, unless they are in their company. You may not transfer, or otherwise transfer, your Account to no other person or entity. You agree to comply with all applicable laws when using the Services and that you may only use the Services for legitimate purposes (eg not transgressing or using violence anyway). You may not, when using the Services, cause in convenience, annoyance, inconvenience or damage to the Partners’ property Independent or any other third party. In certain situations, you may be asked to provide proof of identity to access or use the Services, and agree that you may have access to or use the Services denied if you refuse to provide proof of identity.

Text Message (SMS).

When creating an Account, and as set out in the Privacy Policy of Netxtudio, you agree that the Services may send you messages from(SMS) as part of regular business operations for the use of Services. You can choose not to receive text messages (SMS) from Netxtudio at any time, following the instructions indicated in the platform.

Netxtudio.com/unsubscribe/. 

You acknowledge that choosing not to receive text messages may impair your use of the Services.

Promotional Codes.

Netxtudio may, at its sole discretion, create promotional codes that may be redeemed for credit to the Account or other features or benefits related to Services and / or Partner services Independent, subject to any additional conditions that Netxtudio establish for each of the promotional codes (“Promotional Codes”).You agree that Promotional Codes: (i) must be used lawfully for the purpose and the target audience; (ii) must not be duplicated, in any way sold, transferred or made available to the general public(either by posting to the public or by any other method), unless expressly permitted by Netxtudio; (iii) may be disabled by Netxtudio at any time for legally legitimate reasons, without this results in no liability for Netxtudio; (iv) only may be used according to the specific conditions that Netxtudio establish for these Promotional Code; (v) are not valid as cash; and (vi) may expire before being used. Netxtudio reserves the right retain or deduct credits or other features or benefits obtained by through the use of the Promotional Codes by you or another user, if the Netxtudio as certains or believes that the use or redemption of the Promotional Code was made with error, fraud, illegality or violation of the conditions of the respective Code Promotional.

Content Provided by the User.

Netxtudio may, in its sole discretion, allow you or any person submits, uploads, publishes or in any way makes available to Netxtudio through the Services, content and information in text, audio or video, including comments and feedbacks related to the Services, initiation request for support and registration in contests and promotions (“Content ofUser “). Any User Content provided by you remains of your property. However, when providing User Content (a) to the Netxtudio, you grant Netxtudio and its affiliates a license from copyright on User Content worldwide, perpetually, irrevocable, transferable, royalty-free, and with the right to sublicense, use, copy, modify, create derivative works, distribute, publish, display, execute on public and in any other way exploit that User Content (a) in all formats and distribution channels known today or developed in the future (including in connection with the Services and the business of Netxtudio and on third party websites and Services), without further notice to you or your consent, and without the need for payment to you or any other person or entity. You represent and warrant that: (i) you are the sole and exclusive owner of all User Content (a) or has all rights, licenses, authorizations and necessary permissions to grant Netxtudio a license over the Content User (a) above; and (ii) neither User Content (a) nor your presentation, upload, publication or other form of availability such User Content (a), nor the use of User Content (a) by Netxtudio as permitted herein, will infringe, constitute not infringe on intellectual property or intellectual property rights of third parties (a), or publicity or privacy rights and will also not result in violation of any applicable law or regulation. You agree not to provide User Content (a) that is defamatory, libelous, hurtful, violent, obscene, pornographic, illegal or in any way offensive, as determined by Netxtudio at its sole discretion, whether or not this material protected by law. Netxtudio may, but is not required to, analyze, monitor or remove User Content (a), at the sole discretion of Netxtudio, at any time and for any reason, without any notice to you.

Network and Equipment Access.

You are responsible for obtaining the data network access necessary to use the Services. The fees and charges for your data and messaging network may vary apply if you access or use the Services from a wireless device and you will be responsible for those fees and charges. You are responsible for purchasing and update the equipment and devices needed to access and use the Services and Applications and any of their updates. NETXTUDIO DOES NOT WARRANT THAT THE SERVICES, OR ANY PART OF THEM, WILL WORK ON ANY EQUIPMENT OR DEVICE IN PRIVATE. In addition, the Services may be subject to bad operation and delays inherent in the use of the Internet and communications electronic.

  1. Payment

You understand that the services or goods you receive from a Partner Independent, contracted through the Services, may be charged(“Price”). After you have received services or goods obtained through the use of Service, Netxtudio will facilitate your payment of the respective Price to the Independent Partner, acting as a limited collection agent for the Independent Partner. Payment of the Price made in this way will be considered payment made directly by you to the Independent Partner. The price will include all taxes required by law. The price paid by you is final and non-refundable, unless otherwise determined by Netxtudio. You have the right to request a reduction in Price to the Independent Partner for services or goods received from that Partner Independent at the time you receive these services or goods. THE Netxtudio will respond according to any Partner request Independent to modify the price of a service or property in particular. At maximum extent permitted by applicable law, Netxtudio reserves the right to limit Prices charged in kind. Once the amount to be paid in you must provide an alternative payment method. In assumptions where payment in kind is an accepted method of payment, you can choose to receive any amounts due from the Partner Independent change in the form of Netxtudio Tokens credits, which may be used to pay for new Service requests. The total price is due and must be paid immediately after the installment is paid.

Service or delivery of the asset by the Independent Partner and payment will be facilitated by Netxtudio using the payment method indicated in your Account, after which Netxtudio will send you a receipt by email. If it is verified that the payment method specified in the Account has expired, is invalid or can not charged, you agree that Netxtudio may, as an agent limited collection of the Independent Partner, use a secondary method of charge to the Account, if any. In the relationship between you and Netxtudio, Netxtudio reserves the right to establish, remove and / or revise the Price for all services or goods obtained through the use of the Services at any time, at the sole discretion from Netxtudio. Furthermore, you acknowledge and agree that the Price applicable in certain geographic areas may (i) include charges, fees, fees, taxes and / or government contributions payable on your behalf, including airport tolls or charges, depending on the route taken by the Partner Regardless, the place of origin and / or destination of the trip or, and legislation applicable and, (ii) substantially increase when the service offer by the of Independent Partners is less than the demand for referrals services. Payment of government fees, taxes and / or contributions, will be your responsibility and you will reimburse the Independent Partner and / or Netxtudio for all fees, fees, taxes and / or contributions government agencies paid on your behalf.  THE Netxtudio will use reasonable efforts to inform you of the Prices may apply, being certain that you will be responsible for the payment of Prices posted to your Account regardless of whether you are aware of these Prices or their values. Netxtudio may, at any time, provide to certain users (the) promotional offers and discounts that may result in different amounts charged for Services that are the same or similar to others obtained through the use of the Services, and you agree that these offers and discounts promotional offers, unless also offered to you, will have no influence on the Prices applied. You can choose to cancel your request for services or goods of an Independent Partner at any time prior to the arrival of that Independent Partner, in which case a fee of cancellation. This payment structure is intended to fully remunerate Partners Independent for the services or goods made available to you. Netxtudio does not indicate any portion of the payment as an extra amount or bonus to Independent Partners. Any statement by Netxtudio (on the Netxtudio, the App, or the Netxtudio marketing materials) that the payment of extra values ​​are “voluntary”, “not mandatory” and / or “not included ”in the payment you make for services or goods provided do not intends to suggest that Netxtudio offers additional values ​​to those described above to Independent Partners. You understand and agree that although you are free to make additional payments as an extra amount to any Independent Partners that provides services or goods through the Services, you are under no obligation to do so. Extra values ​​are voluntary. After you have received the services or goods obtained through the Services, you will have the opportunity to evaluate your experience and make additional comments about the Independent Partner.

  1. Disclaimer of Warranty; Limitation of Responsibility; Indemnity. Disclaimer of Warranty. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. THE NETXTUDIO DISCLAIMS ALL STATEMENTS AND WARRANTIES, EXPRESS, IMPLIED OR LEGAL, NOT EXPRESSLY CONTAINED IN THESE TERMS, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NOT INFRINGENCE. ADDITIONAL, NETXTUDIO DOES NOT DO ANYSTATEMENT OR WARRANTY ON RELIABILITY, PUNCTUALITY, QUALITY, FITNESS OR AVAILABILITY OF SERVICES OR ANY SERVICES OR GOODS REQUESTED BYMEANS OF USE OF THE SERVICES, NOR WHICH THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. NETXTUDIO DOES NOT WARRANT QUALITY, FITNESS, SAFETY OR ABILITY OF PARTNERS INDEPENDENT. YOU AGREE THAT ALL RISK ARISING OUT USE OF THE SERVICES AND ANY SERVICES OR WELL REQUEST THROUGH TECHNOLOGY IT WILL ALWAYS BE YOURS TO THE MAXIMUM PERMITTED BY APPLICABLE LAW.

Limitation of Liability.

NETXTUDIO WILL NOT BE RESPONSIBLE FOR INDIRECT DAMAGES, INCIDENTAL, SPECIAL, PUNITIVE OR EMERGING, INCLUDING LOST PROFITS, DATA LOSS, MORAL OR RELATED ASSETS, ASSOCIATED OR ARISING FRO MANY USE OF THE SERVICES STILL NETXTUDIO HAS BEEN ALERTED TO THE POSSIBILITY OF THESE DAMAGES. NETXTUDIO DOES NOT SHALL BE LIABLE FOR ANY DAMAGE, LIABILITY OR LOSS ARISING FROM: (i) YOUR USE OF THE SERVICES OR YOUR DISABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY OPERATION OR RELATIONSHIP BETWEEN YOU AND ANY PARTNER INDEPENDENT, EVEN IF NETXTUDIO HAS BEEN ALERTED FOR THE POSSIBILITY OF THESE DAMAGES. NETXTUDIO WILL NOT BE RESPONSIBLE FOR DELAYS OR FAULTS ARISING FROM CAUSES OUT OF REASONABLE CONTROL BY NETXTUDIO AND, ALSO, BY QUALITY AND INTEGRITY OF THE GOODS AVAILABLE BY INDEPENDENT PARTNERS. NETXTUDIO SERVICES MAYBE USED BY YOU TO REQUEST AND SCHEDULE SERVICESHEALTH CARE, PHARMACEUTICAL GOODS PROVIDED BYINDEPENDENT PARTNERS, BUT YOU AGREE THAT THE NETXTUDIO HAS NO RESPONSIBILITY TO YOU, FOR ACCOUNT FROM ANY HEALTH SERVICE, PHARMACEUTICAL GOODS PERFORMED BY INDEPENDENT PARTNERS, EXCEPT IF EXPRESSLY ESTABLISHED IN THESE TERMS. 

LIKECONSEQUENCE, THE NETXTUDIO NOT HAS ANY RESPONSIBILITY FOR ROUTES ADOPTED BY PARTNERS INDEPENDENT OR FOR ANY NEGLIGENCE OF PARTNERS INDEPENDENT. THE LIMITATIONS AND DISCLAIMER OF WARRANTIES CONTAINED IN THIS CLAUSE5 DO NOT HAVE THE PURPOSE TO LIMIT LIABILITIES ORCHANGE CONSUMER RIGHTS THAT, ACCORDING TO LAW APPLICABLE, CANNOT BE LIMITED OR CHANGED.

Personal Accident Insurance.

YOU ACKNOWLEDGE THAT NETXTUDIO KEEPS YOU SAFE FROM PERSONAL ACCIDENTS (APP), WITH COVERAGE, IN TERMS AND LIMITS POLICY, FOR REIMBURSEMENT OF MEDICAL-HOSPITAL EXPENSES,TOTAL OR PARTIAL PERMANENT DISABILITY BY ACCIDENT AND DEATH ACCIDENTAL, SINCE IN REGULAR SERVICE BY THE PLATFORM, AND THAT EVENTUAL PAYMENT OF INDEMNITY BY THE INSURER TO YOU WILL BE DONE WITHOUT ANY ASSUMPTION OF LIABILITYBY NETXTUDIO AND WILL BE DEDUCTED FROM ANY EVENTUAL FUTURE OTHER INDEMNITY CLAIMED ARISING FROM THAT SAME INCIDENT.

Indemnity.

You agree to indemnify and retain Netxtudio, its directors, directors, employees and agents exempt from liability for any and all claims, charges, losses, liabilities and expenses (including attorneys’ fees) arising from or related to: (i) the use of the Services, services or goods obtained through the use of the Services; (ii)breach or violation of any provision of these Terms; (iii) the use, by Netxtudio, User Content (a); or (iv) violation of the rights of third parties, including Independent Partners.

  1. DISPUTE SETTLEMENT

Netxtudio offers a service structure, composed of contact tools and a specialized support team for treatment complaints with the objective of avoiding the judicialization of controversies that, may eventually arise from your use of the Services. Therefore, you are committed to using the support tools made available by Netxtudio as the first means for the solution of disputes arising out of your use of the Services. You will also be able to seek dispute resolution through the service ADECO (consumer protection)https://adeco.cv/7.

Applicable legislation; Jurisdiction.

These Terms will be governed and interpreted exclusively in accordance with the Cape Verde laws. Any claim, conflict or controversy that arises of this contract or related to it, including its validity, interpretation or enforceability, will be resolved exclusively by the courts of the jurisdiction of your domicile.

  1. Other Provisions

Allegations of Copyright Infringement.

Claims of copyright infringement should be referred to the representative appointed by Netxtudio.  Refer to the Netxtudio at https://www.Netxtudio.cv to obtain the indicated address and other information.

Warnings.

Netxtudio may send notices through general notifications on the Services, email to your email address in your Account, or by written communication sent to the address indicated in your Account. You will be able to notify Netxtudio through the Application, communication by address electronic help.

Netxtudio.cv or make written communication to the address of Netxtudio CP 641 Mindelo, S. Vicente.

General Provisions.

You may not assign or transfer these Terms, in whole or in part, partially without prior written approval from Netxtudio. Do you agree that Netxtudio assigns and transfers these Terms, in whole or in part, including:(i) to a subsidiary or affiliate; (ii) an acquirer of the participations Netxtudio shares, businesses or assets; or (iii) for a successor due any corporate transaction. There is no joint venture, partnership, employment or representation relationship between you, Netxtudio or any Partners Independent as a result of the contract between you and Netxtudio or at use of the Services. If any provision of these Terms is found to be illegal, invalid or totally or partially unenforceable by any legislation, that provision or part of it will, to that extent, be considered as non-existent for the purposes these Terms, but the legality, validity and enforceability of the other provisions contained in these Terms will not be affected. In that case, the parties replace the illegal, invalid or unenforceable provision, or part of it, with another that is legal, valid and enforceable and that, to the maximum extent possible, similar to the provision considered illegal, invalid or unenforceable for purposes of content and purpose of these Terms. 

These Terms constitute the entire agreement and understanding of the parties on this matter and replace and prevail over all previous understandings and commitments on this subject. In these Terms, the words “including” and “includes” mean“Including, without limitation”.