TERMS AND CONDITIONS OF USE

The following terms and conditions inform you about the applicable regulation on the use of the site https://www.nutrimedcr.com, which is a registered internet site where you can look for information on the different products offered by the NUTRIMED, a company based in San Jose, Costa Rica, Montes de Oca, Los Yoses, 10th Ave., between 45 and 47 St., Number 236, corporate ID number 3-101-287684 (hereinafter, the “Website”).

Should You wish to navigate the Website, it is necessary to comply with a prerequisite stated in the informed consent form on data.

You can navigate the Website at no cost; however, keep in mind that browsing through it may lead to charges from your operator, and NUTRIMED shall be exempt from any liabilities related to such costs.

DEFINITIONS

Website: https://www.nutrimedcr.com

NUTRIMED S.A.: Responsible for keeping the data, based in San Jose, Costa Rica, Montes de Oca, Los Yoses, 10th Ave., between 45 and 47 St., Number 236, and its subsidiaries, i.e., a company controlled by NUTRIMED S.A.), or a company within the same economic interest group.

User: You, while using the Website.

Registered user: You, after creating an account on the Website.

Database: Set of personal data of Users duly organized and used for the purposes that NUTRIMED informs in the “Privacy and Data Protection Policy”.

DATA PROTECTION

NUTRIMED S.A., a company based in San Jose, Costa Rica, Montes de Oca, Los Yoses, 10th Ave., between 45 and 47 St., Number 236, corporate ID number 3-101-287684 (hereinafter, the “Responsible Party”), for the purposes of the provisions of the Costa Rican Law No. 8968 on the Protection of Personal Data (hereinafter, “LPD”) and its Regulations, informs you (hereinafter, the “User ”) of the existence of a database containing personal information (hereinafter, the “Data”) created by the Responsible Party, named “NUTRIMED Clients”.

In principle, the user Data will not be assigned, communicated, or transferred to third parties other than NUTRIMED S. A., who will use such data for their own or third-party business prospecting purposes. You accept such use by granting your consent to this policy.

The data provided by the User to the Responsible Party are collected for informational, contact, and business prospecting purposes, and for users of the web platform, as well as for those who already have user accounts, in order to continue providing the services of such platform, or in cases in which you request it yourself. The information will also be used to manage patient plans, all of which is in charge of the Responsible Party or some other responsible person in charge of the treatment and duly authorized for such purposes. This information will be handled in a private, confidential and secure manner, as provided in the applicable law on that matter.

The User accepts this Policy by checking the box next to the phrase “I have read the privacy policy, and I agree”, which is found in all the forms through which information can be collected. Therefore, by completing any of our forms, whether for registration or contact with the Responsible Party, the User confirms the consent to the processing of their Data in accordance with these privacy conditions provided by the Responsible Party.

The Data collected are adequate, relevant, and delimited to the scope, purposes, and the specific, explicit, and legitimate services of the Responsible Party. Notwithstanding the foregoing, it is completely voluntary for the User to provide the data or not, and only in the event that their consent has been given for their data to be processed. The User could exercise the rights of access, rectification, deletion, and revocation of consent in connection with the processing of their Data, by submitting a written communication to the Responsible Party at the address stated in the identification section of this document or through the following email address: administrativoweb@nutrimedcr.com.

Additionally, the Responsible Party informs that your Personal Data are stored in a database owned by such Responsible Party and that the appropriate technical and structural measures have been taken to ensure the integrity and security of the personal information provided in accordance with the current status of the technique.

The only consequence of not providing the Data, denying consent, or revoking it shall be the impossibility for the Responsible Party to provide the services offered to the User to navigate the website in order to see the list of products and prices offered by such Responsible Party.  Any other activities that are carried out to collect Data are always aimed at individuals over 18 years of age, unless otherwise stated in the particular provisions of a specific activity or promotion, in which case authorization of their parents or legal guardians shall be requested.

It is also prohibited for minors, even with the consent of their parents, to include any type of information that: (i) is considered as sensitive data under the LPD, or (ii) personal data of their parents or legal guardians and that are not exclusively the contact information to verify the authorization mentioned in the previous paragraph.

The Responsible Party maintains the security levels of data protection provided in the Costa Rican Law No. 8968 on the Protection of Personal Data, dated 30-OCT-2012, regarding the security measures of the databases that contain personal data, and has established all the technical means possible to avoid the loss, misuse, alteration, unauthorized access and theft of the data that the User communicates to the Responsible Party, without prejudice to informing them that the internet security measures are not foolproof.

USER ACCOUNT AND SECURITY

User Condition and Acceptance of Terms and Conditions

To create your user account, follow the instructions shown. Once the account is created, the User will receive the status of REGISTERED User and will have a username and password to access the Registered Users section of the Website.

By accessing the Website, you are automatically considered a “User” of it. Moreover, by accessing the Website, you accept these Terms and Conditions, binding yourself to comply with the provided herein. These Terms and Conditions shall be in force for as long as they are exposed to Users. Should they be totally or partially modified or updated, these Conditions will cease to be in force, and the new Conditions shall regulate the use of the Website. Moreover, NUTRIMED recommends reading this document prior to each use since it reserves the right to modify, at any time, the look and feel of the Website, as well as these Terms and Conditions of use.

The use of the Website is intended for individuals of legal age or exceptionally minors under the strict supervision of their parents or legal guardians.

The use of the username and password above is personal and non-transferable; sharing such information, even temporarily, with third parties is not allowed. In this sense, the User undertakes to make personal use of such information and keep it protected from third parties, assuming any liability that may arise from its disclosure and exempting NUTRIMED from it. For all purposes, the latter can assume that the user is the one previously registered under the username and password being used, as it is not possible to verify each use other than with the mentioned security measures, especially regarding the validity of the transactions you may carry out, and the application of the functional equivalence provided for in the Law on Digital Signatures and Electronic Documents.

In the event that a User has any kind of suspicion respecting any form of use of their username and password by a third party, then the User must immediately proceed to change the password by following the procedures established on the Website.

Similarly, in the event of any suspicion of misuse of your account, NUTRIMED reserves the right to change your password or block the account, which will be communicated to the email address you provide, assuming that it will be you who has access to the information that we direct to it.   NUTRIMED does not share user information and passwords with third parties; hence, NUTRIMED does not hold itself responsible for the use given to said information with or without authorization from the User.

As a Registered User of the Website, you will be able to: 

• Manage your personal information.
• See our list of products and their prices.
• Be informed of the obligations and prohibitions for the User. 

The User accepts that by using the Website, they shall refrain from:

• Using it for any purposes contrary to the law, morals and good customs or personal benefit of any kind.
• Violating the integrity of the Website employing any type of actions, including but not limited to sabotage attempts, hacking, saturation of the service by manual means or through the use of software, tools, “robots”.
• Reproducing or copying, distributing, allowing public access through any means of communication, altering, or modifying the app’s content (upon its creation) or the e-commerce site.
• Performing any action that violates intellectual or industrial property rights belonging to NUTRIMED or to third parties, such as the distribution, modification, or alteration of the contents of the Website (texts, graphics, photographs, logos, icons, images, prices), as well as the graphic design, source code and software, whether they are exclusive property of NUTRIMED or owned by third parties.
• Using the Website, as well as the information obtained through it, to advertise or trade for direct sales purposes or any other kind of purpose whatsoever, whether commercial or not.

Should any damages and losses for NUTRIMED or any third party arise as a result of a violation of the present Terms and Conditions by the User, then the User shall be forced to compensate whoever has suffered the damage in full.

Discontinuation of the service

NUTRIMED will make the best efforts to ensure compliance with the Costa Rican law, as well as with the duties and prohibitions of these Terms and Conditions. Hence, it reserves the right to discontinue services for any user. In cases where it is considered convenient, it will delete the account of the user who violates, or is suspected of violating, the rules herein stated. The foregoing is without prejudice to any legal actions that NUTRIMED may have to exercise to protect its rights or those of third parties, even to obtain compensation for the actions committed by the offender.

COMMUNICATIONS 

It is referred to processing personal data and sending communications by electronic means, telephone or other means determined to be compliant with the regulations provided for in the LPD, the Regulations and other applicable law.

When managing your Registered User Account, you allow NUTRIMED to send you communications on behalf of NUTRIMED. However, it is hereby noted that in all electronic communications sent by NUTRIMED, the name of the sender shall be duly informed, as well as the steps you can follow to opt-out of receiving further communications.

Notwithstanding the foregoing, upon request, Users can exclude themselves from this service easily and at no cost by unregistering as users, submitting a written communication to the Responsible Party at the previously stated address or via email at the following address administrativoweb@nutrimedcr.com. 

NUTRIMED makes the following means available to its clients to address claims, complaints, or inquiries:

• Use the form in the Contact us section of the Website.
• Send an email at administrativoweb@nutrimedcr.com.
• Reach out to the Contact Center by telephone: (506) 2524344.

Any suggestion, comment or communication sent to NUTRIMED through the channels disposed of for such purpose shall be considered “non-confidential” and may also be communicated by NUTRIMED.

Moreover, NUTRIMED or third parties may use such information for their commercial purposes and to implement suggestions made by you, without you being able to claim any intellectual or industrial property rights over the knowledge or ideas expressed in such communications or claim any payment from NUTRIMED or third parties for the information contained in any communication made by you to NUTRIMED.

NUTRIMED LIMITATIONS OF LIABILITY 

By using the Website, you acknowledge and accept the following limitations of liability of NUTRIMED:

• NUTRIMED does not assume any responsibility for the activities performed by the users nor for their behavior.
• Any type of action made with your username and password shall be presumed to have been performed by you in such a way that NUTRIMED shall not be responsible for any damages to itself or to third parties caused by acts of third parties if these are carried out using your username and password.
• The Website shows the contents of NUTRIMED and of third parties (such as logos, brands, and other distinctive signs of the marketed products). In no case, NUTRIMED shall be considered responsible for the lawful nature of the contents of third parties that are displayed on the Website, as they are included “as is”.
• In the event that the contents of the Website include a hyperlink that allows access to third-party websites, such access to third-party websites shall be at your own risk.
• If you consider that your intellectual or industrial property rights are being violated by any content included on the Website, you can contact NUTRIMED to clarify the situation. However, regarding third-party contents, NUTRIMED shall be exempt from any liability if it is found that the content in question violates your rights, as the content belonging to third parties is provided “as is” to NUTRIMED. Therefore, the company shall not be responsible for such content.
• In no case NUTRIMED shall be responsible for any damage, including the loss of benefits and damages that may arise from virus, worms, software or sections of harmful software that could infect your computer while accessing or browsing the Website; NUTRIMED states that although all suitable and adequate security measures have been taken, and will be taken in the future, on the Internet, no system, app, website or any other type of online environment can be considered foolproof against third-party attacks. It is your responsibility to maintain your computer with the appropriate software to avoid infections while using our Website; in this regard, you assume full responsibility and exempt NUTRIMED from any liability whatsoever.

APPLICABLE LAW AND JURISDICTION 

These General Conditions are governed by Costa Rican law. The parties submit to the courts of Costa Rica.

For any legal effect, all the actions performed by NUTRIMED, or the Users shall be credited as performed in the territory of Costa Rica.

These General Conditions shall be governed and construed in accordance with Costa Rican legislation on the matters not expressly stated herein.