PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS THE LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
This document establishes the conditions that will govern the use of the mobile applications : ORTHOKINETIC APPS (hereinafter the APPLICATION), which is operated by OKT SAS., a company incorporated in Colombia and domiciled in the city of Cali with NIT 900427325. Which acts on behalf of ORTHOKINETIC APPS.
DEFINITIONS: “Client”: The user who accepts these terms and conditions, “ORTHOKINETIC APPS”: Applications represented by the
commercial establishment OKT SAS identified with NIT 900427325-7. “Platform”: Integrates the website www.orthokineticapps.com and the ORTHOKINETIC APPS mobile applications.
The Application will function as a new means for carrying out certain activities described below in order to facilitate the processes of Orthokinetic Philosopy .
The Client agrees to read the terms and conditions set forth herein prior to downloading the application. Therefore, if the installation is performed, it is understood that the Client has full knowledge of this document and consequently accepts all of its stipulations.
The Client acknowledges that the provision of their personal information and the data contained in the application is done voluntarily. Those who choose to access this application in Colombia or from outside the country do so on their own initiative and are responsible for compliance with local laws, to the extent such laws are applicable in their respective country. If access is provided by minors, they must be supervised by an adult at all times from the moment they download the application and throughout their use. If this condition is not met, please refrain from using the application.
Our collection and use of personal information in connection with the Services is as set forth in the OKT SAS Privacy Policy, available at www.orthokineticapps.com and in the ORTHOKINETIC APPS APP. OKT SAS may provide the competent judicial and/or administrative authority, through a formal request, with any necessary information (including your contact information, both for the user and the service provider) if there are complaints, disputes, conflicts that may include an accident and/or the presumption of the commission of a crime, implicating you and/or a third party, insofar as such information or data is necessary to resolve the complaint, dispute or conflict.
1. CONTRACTUAL RELATIONSHIP
By accessing and using the Services, you agree to be legally bound by these Terms, which establish a contractual relationship between you and ORTHOKINETIC APPS. If you do not agree to these Terms, you may not access or use them. These Terms expressly supersede any prior agreements or understandings with you. OKT SAS may immediately terminate these Terms or any of the Services with respect to you, or generally cease offering or deny access to or use of any part of our applications, at any time and for any reason. Supplemental terms, such as policies for a particular event, activity, or promotion, may apply, and such supplemental terms will be communicated to you in relation to the applicable Apps. Supplemental terms are established in addition to, and shall be deemed a part of, the Terms for the purposes of the new applicable services. The supplemental terms will prevail over the Terms in the event of a conflict with respect to the applicable Apps. OKT SAS may modify the Terms relating to the Apps from time to time. Modifications will be effective upon OKT SAS’s posting of such updated Terms at this location or the modified policies or supplemental terms on the applicable Apps. Your continued access or use of the Apps after such posting constitutes your consent to be bound by the Terms and their modifications. Our collection and use of personal information in connection with the Services is as set forth in OKT SAS’s Privacy Policy, available at www.orthokineticapps.com and in the ORTHOKINETIC APPS APP. OKT SAS may provide the competent judicial and/or administrative authority, upon formal request, with any necessary information (including your contact information, both for the user and the service provider) in the event of complaints, disputes, or conflicts that may involve an accident and/or the presumption of the commission of a crime, involving you and/or a third party, to the extent such information or data is necessary to resolve the complaint, dispute, or conflict.
2. DOWNLOAD, INSTALLATION AND UPDATE OF THE APP.
The download, installation and update of the ORTHOKINETIC APPS can be done from the main application stores for mobile devices (App Store, Play Store, Google Play, Windows Phone , Blackberry World , Firefox, Marketplace); the use of outdated versions of the application could affect its correct operation. If you require technical support related to the application, you can write to us at technocenter@orthokinetic.com. The User must verify, before carrying out any download or installation, that the Platform is compatible with their devices. In any case, the User is solely responsible for any damage caused to their devices by the installation or use of incompatible versions of the ORTHOKINETIC APPS, for example, installation from unofficial pages or stores.
3. USER REGISTRATION.
To register as a User on the Platform, you must be at least 18 years of age, or of legal age in your jurisdiction (if different), and have full capacity to enter into the obligations set forth in these terms and conditions. The User, acting on their own behalf or through their legal representative, acknowledges having the legal capacity to enter into contracts and obligations. Furthermore, they declare that they have no legal impediments that would prohibit them from being bound by this agreement. Registration is carried out virtually through the Platform, by entering User data such as first name, last name, cell phone number, email address, as well as at least one valid payment method (either a credit card or an accepted payment method), among others. The User represents and guarantees that the information and data provided to the Platform is truthful and up-to-date. Failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method, may result in your inability to access and use any of the ORTHOKINETIC APPS or in OKT SAS’s termination of these Terms and Conditions. You are responsible for all activity that occurs under your Account and agree to maintain your Account username and password secure and confidential at all times. Unless otherwise permitted by OKT SAS in writing, you may only have one Account. The rights acquired upon registration are personal and non-transferable. The login password registered by the User must not be disclosed to third parties and must be used with the utmost caution and diligence, as any damage or harm caused by theft or misuse of such password will be the sole responsibility of the User. In any case, OKT SAS reserves the right to verify the veracity of the information registered by Users by any lawful means and to accept or deny their registration .
4. ACCESS TO THE PLATFORM.
To access the Platform, you must register or log in using your Facebook or Google credentials. If these terms and conditions are updated, the User will only be able to access the Platform once they have read and accepted them. OKT SAS cannot be held responsible for services provided by third parties that are necessary for the proper functioning of the Platform, such as internet service, telephone service, mobile data, global positioning system (GPS) location services, and similar services.
5. EVALUATION AND USE OF THE RESULTS OF THE APPS
The uses, traces, calculations and results of the operations performed as well as the conclusions in the ORTHOKINETIC APPS, are the sole and exclusive responsibility of the user, who in use of his faculties and expertise in the subject, and according to his prior knowledge of the elements of operation of the ORTHOKINETIC APPS (x-rays with their components and meanings, clinical photographs with their components and meanings, anatomical structures, tracings and calculations, and other present or future components in the ORTHOKINETIC APPS) will carry out the tracings and operations that are necessary and will draw the relevant conclusions according to his judgment and expertise.
6. USE OF THE PLATFORM.
OKT SAS may initiate legal action against any User who uses the ORTHOKINETIC APPS and its platform to commit or conceal crimes. In any case, the User waives the right to claim any compensation for the cancellation or suspension of their ORTHOKINETIC APPS account due to improper or illegal use.
7. LICENSE.
Subject to your compliance with these Terms, OKT SAS grants you a limited, non-exclusive, non- sublicensable , revocable, non-transferable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; ( ii ) OKT SAS reserves any rights not expressly granted herein.
8. RESTRICTIONS.
You may not: (i) remove any copyright, trademark or other proprietary notices from any part of the ORTHOKINETIC APPS; ( ii ) reproduce, modify, prepare derivative works based on, distribute, license, lease, resell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the ORTHOKINETIC APPS, except as expressly permitted by OKT SAS; ( iii ) decompile, reverse engineer or disassemble the ORTHOKINETIC APPS, except as permitted by applicable law; ( iv ) link to, mirror or frame any part of the Services; (v) cause or launch any programs or scripts with the purpose of scraping, indexing, analyzing or otherwise data mining any part of the Services or unduly burdening or inhibiting the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or damage any aspect of the Services or their related systems or networks. The User agrees that the logos, trademarks, photos, images, descriptions, text, templates, symbols, distinctive signs, manual(s) and any other material or content related to the ORTHOKINETIC APPS constitute, as the case may be, intellectual property rights, business rights and/or property rights of OKT SAS and Dr. Diego F. Tatis G. OKT SAS reserves the right to not allow the use, or suspend or cancel the use of the Platform to any User, without prior notice and without any compensation. OKT SAS will grant the User a limited, personal, non-exclusive, non-transferable, non-commercial and fully revocable license to use the Platform, in accordance with the terms contained in this document. The license will be valid only while the Platform is accessed and in the event that access is granted by OKT SAS.
9. THIRD-PARTY SERVICES AND CONTENT.
Apple Inc., Google, Inc., Microsoft Corporation , or BlackBerry Limited and/or their respective international subsidiaries or affiliates shall be third-party beneficiaries of this agreement if you access the Services using Applications developed for mobile devices running iOS, Android, or Microsoft Windows, respectively. These third-party beneficiaries are not parties to this agreement and are not responsible for providing or supporting the Services in any way. Your access to the Services using these devices is subject to the terms set forth in the applicable third-party beneficiary’s terms of service.
10. OWNERSHIP.
The Services and all rights in and to the ORTHOKINETIC APPS are and will remain the property of OKT SAS and Dr. Diego F. Tatis G. Neither these Terms nor your use of the Services transfers or grants you any rights, beyond your use in accordance with the Terms: (i) in or to the Services, except for the limited license granted above; or ( ii ) to use or reference in any manner any of the company names, logos, product and service names, trademarks or service marks of the ORTHOKINETIC APPS, subject to all copyright notices.
11. TEXT MESSAGES.
By creating an Account, you agree that OKT SAS and the ORTHOKINETIC APPS may send you informational text messages (SMS) as part of the normal business activity of your use of the ORTHOKINETIC APPS. You may opt out of receiving informational text messages (SMS) from OKT SAS and the ORTHOKINETIC APPS at any time by emailing technocenter@orthokinetic.com indicating that you no longer wish to receive such messages, along with the phone number of the mobile device receiving the messages. You acknowledge that opting out of receiving informational text messages (SMS) may impact your use of the ORTHOKINETIC APPS.
12. NETWORK ACCESS AND DEVICES.
You are responsible for obtaining the data network access necessary to use the ORTHOKINETIC APPS. Your mobile network’s data and messaging rates may apply if you access or use the ORTHOKINETIC APPS from a wireless device, and you are responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the ORTHOKINETIC APPS and any updates thereto. OKT SAS does not guarantee that the ORTHOKINETIC APPS, or any portion thereof, will function on any particular hardware or device. Furthermore, the ORTHOKINETIC APPS may be subject to malfunctions or delays inherent in the use of the Internet and electronic communications.
13. PAYMENT.
OKT SAS may, when it deems appropriate, provide users with promotional offers and discounts that may result, at the user’s discretion, in the charging of different amounts for these or similar services or goods obtained through the use of the additional services offered or upgrades. If you accept such promotional offers and discounts, unless they are also made available to you, they will not be taken into account in your use of the ORTHOKINETIC APPS or the Charges applied to you.
14. PAYMENT REVERSAL.
When, in accordance with the Law, the User has the right to request the reversal of a payment made using a credit card, debit card, or any other electronic payment instrument used, OKT SAS will make its best efforts before the corresponding banking entity to facilitate the payment reversal process provided that the following conditions are met: (i) That the User has been the victim of fraud or that the transaction corresponds to an unsolicited operation; these events provided that it has been charged through the Platform using an electronic payment instrument. ( ii ) The User files a claim through the procedure enabled by the Platform. ( iii ) The claim is filed with the issuer of the electronic payment instrument within five (5) business days following the date on which the User became aware of the fraudulent or unsolicited operation. OKT SAS will make its best efforts with the service providers and/or the corresponding banking entity to manage the refund of the money to the User who files the claim; The User understands and accepts that the refund is not the responsibility of OKT SAS, and that the refund process will begin upon proper submission of the request and will continue until the issuer of the electronic payment instrument used authorizes and reimburses it. In the event of any dispute arising from the claim for payment reversal, and provided that a final ruling by a judicial or administrative authority determines that the claim was not admissible, the User filing the claim will be responsible for all costs incurred in connection with the reversal request. In this case, the issuer of the payment instrument, together with the other participants in the payment process, once notified of the final decision by the judicial or administrative authority, will definitively charge the disputed transaction to the complaining User, and the money will be made available to OKT SAS as the Contact Portal, which will transfer it to the beneficiary of the payment, provided that there are sufficient funds in the savings account, credit card, or payment instrument used to make the disputed purchase. The financial institution will verify the availability of funds only once, and the charge may be partial if these are insufficient.
In these cases, the claiming User must directly reimburse OKT SAS as the Contact Portal for the transaction value, or the missing amount, and any other costs incurred in connection with the reversal request so that OKT SAS can transfer said funds to the payment recipient.
15. PROTECTION AND PROCESSING OF PERSONAL DATA.
In compliance with Law 1581 of 2012 and its regulatory decree, OKT SAS has adopted an Internal Manual of Policies and Procedures for the Protection of Personal Data, which can be consulted here: Privacy Policy . OKT SAS, as the Data Controller , processes the personal data provided by Users solely for the purposes set forth in its policy. By accepting these terms and conditions, the User also accepts the content of the Privacy Policy and the Internal Manual of Policies and Procedures for the Protection of Personal Data adopted by OKT SAS. In accordance with these terms and conditions, the User expressly authorizes the processing of their personal data, including the express authorization for the international transfer and transmission of their personal data, including name, image, age, telephone number, email address, location, address, and website, within the purposes communicated in the Privacy Policy and the aforementioned policy manual. If there is a sale, merger, spin-off, consolidation, corporate integration, change in corporate control, transfer of substantial assets or global transfer of assets, reorganization or liquidation of OKT SAS, then OKT SAS may, at its discretion and under any title, transfer, transmit, sell or assign the personal data collected to any third party linked to any of the operations described or to one or more relevant parties.
16. DISCLAIMER.
The services of the ORTHOKINETIC APPS are provided “as is” and “as available.” OKT SAS disclaims all representations and warranties, express, implied, or statutory, not expressly set forth in these terms, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You agree that the entire risk arising from the use of the services and conclusions you draw from the ORTHOKINETIC APPS rests solely with you, to the fullest extent permitted by applicable law.
17. LIMITATION OF LIABILITY.
OKT SAS shall not be liable for any indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost data, personal injury, or property damage, or any damages relating to, in connection with, or otherwise arising from any use of the services, even if OKT SAS has been advised of the possibility of such damages. OKT SAS shall not be liable for any damages, liabilities, or losses arising from your use of or reliance on the services, or your inability to access or use the services of the ORTHOKINETIC APPS. You (the user) may use the services of the ORTHOKINETIC APPS to diagnose and plan dental treatments, but you agree that OKT SAS shall have no liability to you in connection with any services you provide to third parties, in connection with any possible damages caused that may lead to a claim or to file civil, criminal, and/or administrative lawsuits or complaints. OKT SAS is not liable for any damages caused in connection with the provision of its services, directly related to claims and/or the filing of civil, criminal, and/or administrative lawsuits and/or complaints. The limitations and disclaimers in this section are not intended to limit liability or alter your rights as a consumer that cannot be excluded under applicable law.
18. INDEMNITY.
You agree to indemnify and hold OKT SAS and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising from: (i) your use of the Services or any goods obtained through your use of the ORTHOKINETIC APPS; ( ii ) your breach or violation of any of these Terms; ( iii ) OKT SAS’s use of your User Content; or ( iv ) your violation of any third party rights.
19. COMPROMISORTIAL CLAUSE.
Any difference or controversy relating to these terms and conditions shall be subject to the decision in law of ONE (1) arbitrator who shall be subject to the arbitration procedure rules of the Arbitration and Conciliation Center of the Chamber of Commerce of Cali. The arbitrator shall be appointed by the parties by mutual agreement and, failing that, shall be appointed by the Arbitration and Conciliation Center of the Chamber of Commerce of Cali and shall decide in law, at the request of either party. The arbitration tribunal shall be based in the city of Cali, and the applicable substantive law shall be Colombian law. The secretariat of the tribunal shall be composed of one (1) member from the official list of secretaries of the Arbitration and Conciliation Center of the Chamber of Commerce of Cali.
20. GENERAL PROVISIONS.
You may not assign or transfer these Terms, in whole or in part, without OKT SAS’s prior written consent. You consent to OKT SAS assigning or transferring these Terms, in whole or in part, including to: (i) a subsidiary or affiliate; ( ii ) an acquirer of OKT SAS’s capital, business, or assets; or ( iii ) a successor by merger. No joint venture, partnership, employment, or agency relationship exists between you, OKT SAS, or any Third Party Provider as a result of the contract between you and OKT SAS or your use of the ORTHOKINETIC APPS. If any provision of these Terms is determined to be unlawful, void, or unenforceable, in whole or in part, under any law, then that provision or part thereof shall be deemed not to form part of these Terms, but the legality, validity, and enforceability of the remaining provisions of these Terms shall not be affected. In such event, the parties shall replace such unlawful, void, or unenforceable provision, in whole or in part, with a legal, valid, and enforceable provision that has, to the extent possible, a similar effect to that of the unlawful, void, or unenforceable provision, given the terms and intent of these Terms. These Terms constitute the entire agreement and understanding between the parties relating to the subject matter hereof and supersede and replace all prior or contemporaneous agreements or understandings relating to such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to, “including.”
21. COMMUNICATIONS AND NOTIFICATIONS.
Any information that must be disclosed to Users may be communicated through the publication of notices on the Platform, by means of a data message sent to the User, or by email to the address registered by the User, at OKT SAS’s discretion. Communications and notifications addressed to OKT SAS must be sent to Calle 5D # 38ª-35 of 1124 in the city of Cali.
22. APPLICABLE LAW.
These Terms and Conditions shall be governed by and construed in accordance with the Law of the Republic of Colombia. All prices and/or values advertised on our website include taxes.
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