TERMS AND CONDITIONS OF WEBSITE USE
Introduction
These Terms and Conditions govern access to and use of the website davita.pt/pt (“Website”), operated by IDC – International Dialysis Center, Lda., headquartered at Estrada de Alfragide, No. 67, Alfrapark – Building F – 1st Floor South, 2610-008 Amadora (hereinafter “DaVita” or “We”).
Any questions regarding data protection and privacy can be consulted in the Privacy Policy and Cookie Policy sections available on the Website, which form an integral part of these Terms and Conditions.
The use of the Website by any User is governed by these Terms and Conditions, and by using the Website, the User accepts them. If the User does not agree with these Terms and Conditions, they must immediately stop using the Website.
The information provided on the Website is intended to assist, not replace, the relationship between the User and their medical and healthcare team. The information on the Website has been compiled with due care by trained and qualified healthcare professionals, except for data accompanied by a statement indicating that the information provided is not supported by a qualified healthcare professional or organization. However, DaVita does not guarantee the accuracy of the information on the Website. All information provided on the Website is for general informational purposes only and does not constitute medical or professional advice. Any doubts the User has regarding their personal health condition or progress should be addressed with their personal physician. Users are advised not to ignore or disregard professional medical guidance based on information read on the Website.
DaVita may, without prior notice, modify or update these Terms and Conditions, as well as the Privacy Policy and Cookie Policy. Any changes or updates will take effect once published on the respective sections of the Website. Users are encouraged to regularly check the Terms and Conditions, Privacy Policy, and Cookie Policy sections to review the most current versions.
Access and use of the Website are provided by DaVita to promote its products and/or services or to communicate with Website users for other purposes.
DaVita reserves the right to assess, at its discretion, whether Users comply with these Terms and Conditions. Violation of these Terms and Conditions may result in the revocation of the authorization to use the Website, as described herein, and the exercise of DaVita’s rights to the fullest extent permitted by law.
The User agrees to indemnify and hold harmless DaVita, as well as its legal representatives, partners, and collaborators, from any damages, liabilities, claims, or demands, including legal fees and costs, brought by third parties resulting from the User’s use of the Website in violation of these Terms and Conditions and/or due to breach of the representations and warranties contained herein.
Reading these Terms and Conditions does not replace reading the applicable Privacy and Cookie Policies.
Authorization
Without prejudice to the other clauses in these Terms and Conditions, DaVita authorizes any User to use the Website solely for the purposes set forth in these Terms and Conditions. This authorization may be revoked by DaVita at any time.
Under the law and these Terms and Conditions, the User may not copy, use, transfer, rent, sublicense, modify, adapt, attempt to modify, reverse engineer, decompile, or disassemble, in whole or in part, the Website content. By accessing the Website, the User acknowledges and accepts that the content may be incomplete, inaccurate, outdated, or may not meet their requirements or expectations.
Violation of these Terms and Conditions may result in revocation of the User’s authorization to use the Website and, to the fullest extent permitted by law, the exercise of DaVita’s rights in case of any damages or third-party claims.
Website Content
The Website and all information and content published on it may be changed by DaVita at any time, periodically, and/or without prior notice.
Access and use of the Website, including viewing web pages, constitute activities performed by the Users.
Users are solely responsible for how they use the Website and its content, as well as for evaluating the information obtained through the Website. In particular, Users are solely responsible for communicating incorrect, false, or third-party information without consent, as well as for misuse of such information.
Website content may contain inaccuracies or errors. DaVita is not responsible, and cannot be held liable, for any errors or damages resulting from the use of information derived from or through the Website by Users.
Any downloads or content obtained by the User are done at their own discretion and risk. Any damage (if any) to computers or data loss resulting from downloads is the exclusive responsibility of the User and cannot be attributed to DaVita.
DaVita assumes no responsibility for damages (if any) resulting from the inability to access services provided through the Website or for damages caused by viruses, corrupted files, errors, omissions, service interruptions, content cancellations, Internet issues, service providers, telephone or telecommunication connections, unauthorized access, data alterations, or malfunction of the User’s electronic devices.
The User is solely responsible for actions performed through their User account, directly or via authorized third parties. DaVita has implemented technical and organizational measures to safeguard the security of services provided through the Website, ensure the integrity of electronic traffic data, and prevent risks of dissemination, destruction, or loss of confidential or non-confidential information.
DaVita does not guarantee, nor can it guarantee, that the Website is free from viruses or any other element that may negatively affect technology.
Access to the Website, Interruption, and Suspension
DaVita provides access to the Website but may suspend, limit, or interrupt it at any time, for maintenance, recovery, or the introduction of new functionalities or services.
Access to the Website may also be interrupted in cases of “Force Majeure,” including any cause that disrupts Website performance and impacts compliance with our obligations due to acts, events, omissions, or accidents beyond our reasonable control, including but not limited to strikes, terrorist acts, invasion, war, threat or preparation for war, fire, power, software, hardware, or telecommunication failures, network failures, explosions, storms, floods, earthquakes, epidemics, natural disasters, laws, regulations, or court decisions.
In any case, DaVita will make its best efforts to restore access as soon as possible.
Access to certain web pages and/or content may require submission of specific mandatory personal data by the User, as may occur when applying for DaVita’s Recruitment and Selection process.
Data Protection and Privacy
Users are advised to read and analyze the Privacy Policy and Cookie Policy, which form an integral part of these Terms and Conditions, to understand how the Website collects and uses personal data and for which purposes, in accordance with applicable data protection and privacy laws.
DaVita is not responsible for content or accuracy of third-party personal data processing, including but not limited to Privacy and Cookie Policies on their websites.
Intellectual Property Rights
All rights reserved. The Website and all its content, including but not limited to articles, opinions, texts, lists, manuals, photographs, images, videos, marketing texts, as well as trademarks, logos, domain names, and other elements protected by intellectual property rights (including source code), are the property of DaVita or third parties and are protected against unauthorized use, copying, or disclosure by national laws and international treaties.
Nothing in these Terms and Conditions or the Website content shall be construed as granting, implicitly or otherwise, a license to use any Material without prior written consent from DaVita or the third-party owner. Any unauthorized use, reproduction, modification, redistribution, or exploitation of the Material is prohibited.
Users may view Website content and/or Material on a computer screen, store it electronically on their own disk (but not on a server or Internet-connected memory device), or print a copy for personal, non-commercial use, keeping all intellectual property notices intact.
Access to the Website does not grant the User any rights over the content provided by DaVita.
Links to Other Websites
Links to third-party websites or content (“Other Websites”) are provided solely for informational purposes and convenience. DaVita does not control Other Websites and is not responsible for their content, services, products, or data processing. Access to Other Websites via links from the DaVita Website is at the User’s own risk.
Users should exercise caution when accessing Other Websites through links on the DaVita Website. DaVita’s Privacy and Cookie Policies do not apply to third-party websites. Users are advised to review the Privacy and Cookie Policies of any Other Website visited.
User Warranties
The User acknowledges and agrees that they:
- Have read and understood these Terms and Conditions;
- Will not reproduce, duplicate, copy, sell, resell, or commercially exploit the Website or its content, nor use DaVita’s or third-party intellectual property;
- Will not publish or use false, injurious, or defamatory information;
- Will not use the services or Website for illegal purposes or contrary to these Terms and Conditions;
- Will not spread viruses, spyware, adware, rootkits, Trojans, or similar threats;
- Will not use software or other automated or manual methods to copy or access Website content.
General Provisions
If any provision of these Terms and Conditions is deemed invalid, it shall be severed, and the remaining provisions shall remain in full force and effect.
These Terms and Conditions are governed by Portuguese law. Any dispute arising from or related to these Terms and Conditions, absent an amicable resolution, shall be resolved by the Courts of Lisbon, expressly waiving any others.
Users may contact DaVita for questions regarding Website use at geral-pt@davita.com.
