Legal agreement on usage rules, intellectual property, and liabilities.
This agreement (the “Agreement”) establishes the terms and conditions between (a) Ánfora Salud, S.A.P.I de C.V., which will be known by its commercial name as “Amphora Health” from now on, and (b) the user of the sites websites operated by Amphora Health (“You” and/or the “User”, interchangeably); that regulate access, use and, in general, the terms for providing any products and services on and through the websites operated by Amphora Health.
These terms and conditions apply to the use, connection and/or access to the following websites, hereinafter “the Website”: (1) Amphora Health: www.amphora.health, www.amphorahealth.com, www.anforasalud.com; (2) Beluga Science: www.beluga.science, www.belugascience.com, www.beluga.bio; (3) Vaquita EHR: www.vaquita.health, www.vaquitasalud.com.
By using the Website, You agree to have read and accepting this Agreement and the terms and conditions set forth, including any future additions and/or amendments published by Amphora Health. Otherwise the User must not use the Website.
Certain services and other available offers in the Website may include additional applicable terms and conditions, which can be read in the specific statement of work and/or agreement to provide such services.
Amphora Health reserves the right to make amendments or updates to this Agreement, at any moment, without needing prior acceptance nor personal notice to the User. The foregoing, to address company policies, new requirements or to comply with applicable legal provisions, the updated and last published version shall be the applicable ones, in which case the User acknowledges his/her obligation to comply with those amendments or modifications.
All the amendments made to the terms and conditions would be effective from the moment they are published. All the Users may have the choice of not accepting such amendments, in which case they shall refrain of using the Website.
The Website is property of and operated by Amphora Health, and it is protected by the copyright laws under Mexican and United States of America legislations, as well as international treaties formalized by them. All rights are reserved. Intellectual Property rights regarding the services, content and/or software provided are, at all time, property of Amphora Health, unless specifically and expressly specified otherwise.
All rights which are not expressly granted here are reserved to and by Amphora Health. The content of the Website must not be copied, distributed, or transmitted in any form without previous written authorization by Amphora Health. No link to the Website may be created without prior written authorization by Amphora Health. The User of the Website may not download or copy of any or all the contents therein. No right or license is hereby granted or implied regarding such content. The entire content of said Website is provided solely for information and/or legal purposes. Amphora Health reserves any and all ownership and intellectual property rights of the downloaded content thereof.
The User hereby accepts that it shall not use the Website for: (a) any illegal purpose, thus infringing the applicable laws and regulations, any provision of any national stock market or of any other type, and any regulation in full legal effect in any country; (b) publish webpages which contain links for downloading content, thus incurring in full-blown intellectual property infringement or unlawful content; (c) electronically harass or intimidate an individual; (d) participate in any Internet activity which violates other individuals’ privacy rights, including but not limited to gathering and distributing information about Internet Users without their authorization; and (e) conduct sweepstakes, raffles or contests by Internet which violate any applicable laws.
Amphora Health reserves the right without any responsibility to suspend the Service to the User that incurs in any of the practices indicated in this section and even permanently cancel the User’s account that recurs.
As an additional condition for the use of and access to the Website, the User agrees not to: (a) publish, distribute or transmit any worm, virus, file or other damaging code, file or program through the Website; (b) enter or introduce obscene information or mechanisms to capture or distort data, hyperlinks or unauthorized advertisements; (c) run any program which offers a service or resource to other individuals, including without limitation, forwarding of ports, proxy servers, etc.; (d) interfere, affect or damage the Website or the servers or networks connected to said sites in any manner; (e) run programs or particularly configure equipment in such a way that they maintain an active dial-up connection, even though it is not used or, in any other way, bypass the automatic disconnection due to inactivity, unless a dedicated access account is provided; (f) use the Website in violation of the provisions of any other website, chatroom or similar provider; (g) try to violate Amphora Health’s security measures or those of any other entity, or obtain or bypass other people’s passwords, and (h) participate in denial-of-service attacks, in other words, actions designed to affect network access by bombarding a site or the Internet with useless traffic.
In connection with the laws for the protection of data privacy in Mexico (Federal Law on the Protection of Personal Data held by Individuals) and in other jurisdictions where the personal data is collected, Amphora Health is responsible for the treatment of your personal information. In this regard, we suggest you read Amphora Health’s Privacy Policy (amphorahealth.com/privacy).
When using the Website, Users expressly agree that its use is at its own risk. The Website is provided “as is” and as available. Amphora Health does not guarantee that the use of the Website shall be without interruptions or that it shall be free of errors.
Unless agreed expressly in writing, Amphora Health expressly rejects any warranty, either express or implied, including but not limited to warranty regarding ownership, merchantability, or fitness for a purpose, fully permitted by applicable laws. No verbal information offered by Amphora Health shall be constituted as a warranty of any kind.
Amphora Health shall not be held liable, under any circumstance, regarding direct, indirect, incidental, special or consequential damages resulting from the use or inability to use the Website, including but not limited to your relying in any information obtained from the Website which are proven to be file errors, omissions, interruptions, deletions or corruption, or otherwise any noncompliance. The previously-mentioned exclusion of liability shall apply for the execution of actions derived from this Contract or any contract, due to negligence or any other liability. This paragraph shall apply to all content, product and service provided through the Website.
Amphora Health uses several payment gateways to process all transactions made through our services. By using our services, you agree to the terms and conditions of each provider, which are available on their websites: Open Pay (www.openpay.mx), Stripe (www.stripe.com).
Amphora Health exercises its intellectual property rights to the fullest extent permitted by law. In case of questions about the legal notices previously expressed, you can contact the General Counsel of Amphora Health through:
Email: legal@amphora.health
Address: Batallón Independencia 80, Col. Chapultepec Norte, C.P. 58260, Morelia, Michoacan, Mexico.
Telephone: +52 443 304 6300
Notices will be valid at the addresses established by Amphora Health and will be presumed received no later than five business days from the date of receipt in the notification acknowledgement.
This Agreement applies to the Website and any other policy, reference, site or condition launched or applied by Amphora Health from time to time through the Website.
Any controversy related to this Agreement or in general, any other service offered by Amphora Health via the Website will be subject, at the Amphora Health’s sole election, (a) to a private mediation procedure between Amphora Health and/or the User; and/or (b) the mediation procedure before the International Chamber of Commerce and subject to the ICC Mediation Rules; and/or (c) to the competent courts sitting in the city of Morelia, Michoacan, Mexico.