Terms of Use
I. GENERAL
This website (“Website”) is owned by UpHill, S.A. (“UpHill”), corporate entity no. 513 509 593, headquartered at UBIMedical - Estrada Municipal 506, Covilhã, Portugal. The Website and its content complies with current legislation.
In accordance with current legislation, UpHill is registered with the Health Regulatory Entity under no. E166824.
Accessing and navigating the Website is subject to the following Terms of Use. By browsing the Website and obtaining information about the “Liber” services, the user agrees to comply with the terms set out in these Terms of Use. In the event that, for any reason, the user does not agree with its content, the user should cancel access to the Website as soon as possible.
If the user violates any of the terms included here, their right to access and use the Website terminates immediately and, in the event of violation of UpHill's rights and/or applicable law, UpHill reserves the right to resort to legal means at its disposal to defend its rights.
UpHill may, at any time, make changes to the Terms of Use without having to notify the user of the Website. The amended Terms of Use shall enter into force as of the date of their publication on the Website, therefore the user should review the Terms of Use whenever browsing the Website.
UpHill will collect, access and process the user's personal data through the Website, namely so that the user can establish contact for clarification of doubts about the “UpHill Liber” services, and send communications within the scope of the services provided by UpHill and by the healthcare professionals collaborating with UpHill. Personal data will be processed in accordance with the “Personal Data” chapter below.
II. “LIBER” SERVICES AVAILABLE IN THE APP
Through qualified healthcare professionals, UpHill provides online healthcare services through a “Liber” platform (hereinafter “APP”). The services include, in generic terms, clinical analysis of the data entered by the user, diagnosis, medical advice, and medical prescription (“Services”) and are provided through the APP that can be downloaded through mobile or fixed electronic devices that allow this.
In particular, UpHill provides, through the APP, the following types of Services:
A. Medical diagnosis and treatment: in case the user presents any symptom(s) or suffers from any pathology and wishes to receive a diagnosis about their state of health.
B. Check-up or disease prevention program: if the user wishes a general assessment of their state of health (check-up) and a plan of health activities based on the results obtained and/or a preventive program of diseases (e.g., smoking cessation, nutrition, physical activity).
C. Medical prescription: service intended for users with previously prescribed medication. Excluded from this service are the prescriptions of the following medications (“high-risk medications”): (i) medications subject to restricted or special medical prescription, (ii) medications containing narcotics and psychotropic substances; (iii) hospital dispensing medications, (iv) medications whose administration must be carried out by a healthcare professional or in a hospital environment, and also, (v) medications that, due to their characteristics, cannot be prescribed continuously (for example, but not limited to, antibiotics), a restriction that may not apply in the case of other Services.
D. Traveler’s consultation: service intended for the user/traveler who wishes to gather information about health care to be taken regarding the destination in question and about the necessary preventive vaccination.
In summary, the Services aim to make healthcare more accessible and agile to users. For more information about the Services and to join them, please click here.
Relevant information about the provision of Services available in the APP:
(a) All healthcare professionals collaborating with UpHill have the necessary requirements and qualifications to work in Portugal and are registered with the respective Professional Orders.
(b) When using the Services, it may be suggested and scheduled to perform exams, clinical analyses and/or consultations in hospitals, medical clinics, or other healthcare providers external to UpHill, provided that the user consents to the scheduling of these exams or consultations.
(c) The Services, provided online, do not dispense with, nor replace emergency healthcare or any other that require in-person clinical evaluation or intervention.
(d) UpHill is not responsible for delays in Services and diagnostic errors if the user omits or transmits incorrect information in the answers given to the UpHill questionnaires or to UpHill's healthcare service providers.
(e) The Services are provided on an individual and personal basis and are protected by professional secrecy.
(f) The user may not directly contact, in using the Services, the UpHill doctor with the aim of receiving healthcare outside the scope of the APP.
III. Requirements AND PAYMENT to enjoy the Services AVAILABLE IN THE “LIBER” APP
To use the Services it is necessary to meet certain requirements that can be consulted in the Terms and Conditions of use of the APP, which can be consulted in the app.
The Services presuppose prepayment, after verification of the eligibility criteria for the user to enjoy the selected service. If the user does not make payment in advance, they cannot enjoy the Services. The values related to the services can be consulted in the app.
The Services can be subscribed directly through the App by interested parties or through entities that will contract with Uphill the provision of the App to certain users selected by them who may enjoy special terms and conditions agreed with UpHill.
IV. Personal Data Processing
The user will have to provide personal data to contact UpHill and obtain information and/or clarification of doubts regarding the Services on this Website.
Therefore, identification data (e.g., name), contact data (e.g., mobile phone and e-mail), and health data related to requests for information and clarification in which the user provides information about their state of health or well-being, are collected.
UpHill processes the personal data provided on the Website based on its legitimate interest in clarifying the users about doubts related to the Services.
UpHill is thus qualified as the controller of the personal data collected on the Website and will ensure compliance with the applicable personal data protection legislation. Personal data may be communicated to third parties, within the European Union, providing services to UpHill on order and on behalf of the same. If UpHill communicates the personal data to these third parties, it will enter into agreements with them so that they comply with the applicable personal data protection legislation.
The user is responsible for the truthfulness, accuracy, and authenticity of the provided data. Personal data will be kept for the period necessary to clarify the user's doubts and questions, after which they will be deleted.
The user may exercise their rights of access, rectification, erasure, portability, limitation, and objection to the processing of personal data by contacting the email support@uphillhealth.com. Requests will be processed within 30 (thirty) days.
The user may also complain to the personal data protection control authority if they have any complaints regarding this processing. The Portuguese control authority is the National Data Protection Commission and its contacts can be found here.
V. WEBSITE NAVIGATION
The user is responsible for ensuring the necessary conditions to enjoy the Services, such as internet access, mobile network, battery, an intact device, software updates, and a place with the necessary privacy. UpHill will not be responsible for any damages or losses that the user may incur if these conditions are not guaranteed by the user.
UpHill will also not be responsible for the dissemination of the user's personal information disclosed to the contacts available on this Website, which may result from a lack of privacy conditions during the use of the Website - whether due to the user's context conditions or to phishing or malware hosted on the device.
For the purpose of responding to emails and messages on the Website exclusively regarding questions of access and/or use of the Website, the user response service works on weekdays from Monday to Friday, from 9 am to 6 pm (Continental Portugal time).
UpHill reserves the right to suspend, limit or terminate the user's access to the Website at any time, as well as to change the way of access to it if there is suspicion or evidence of non-compliance with these Terms of Use or the law.
The user may not use the Website:
· In a manner that is not personal or for the benefit of a third party;
· In any illegal, improper, or fraudulent manner;
· To obtain privileged information about the market, brands, or other content;
· To defame, slander, threaten, or harass another person or company, or in a way that invades the privacy of others or is obscene, offensive, hateful, indecent, inappropriate, objectionable, discriminatory, or harmful;
· To use the content available on the Website for commercial purposes, namely to engage in commercial activities related to healthcare services or others directly related;
· To modify or reverse engineer any part of the Website;
· In a way that interferes, disrupts, or imposes an additional disproportionate burden on UpHill's communications and technical systems;
· To collect information from the Website through systems, processes, programs, robots, internet crawler, spider, data processor, or screen scraping alternatives.
VI. INTELLECTUAL PROPERTY RIGHTS
Any content, data, information, material, intellectual property rights disclosed on the Website belong to UpHill. The user may not reproduce, in whole or in part, any content, data, information, materials made available on the Website, including any copyright or industrial property rights, nor use the content made available there, in whole or in part, for commercial purposes.
The UpHill trademarks, including the “UpHill” “Liber” and “Liber Care” trademarks are registered on behalf of UpHill, which means that it has the exclusive right to use and exploit them and prevent third parties from using them without its consent.
VII. EXCLUSION OF UPHILL's LIABILITY
UpHill ensures by all means at its disposal that the information transmitted through the Website is correct and free from any errors or omissions. Therefore, if the user detects any communication lapse, please contact UpHill immediately so that it can immediately update and/or rectify the information, if necessary.
However, UpHill is not responsible for (i) any content, information, material, including information from third parties, made available on the Website that is inaccurate, outdated, or contains any errors or omissions, (ii) any viruses or any agent that may have a harmful impact on any technology used by the user.
UpHill is not responsible for any losses, indirect damages, or lost profits suffered or incurred by the user that would not have been foreseeable when accessing or using the Website.
The Website may provide, for the interest and convenience of the user, hyperlinks that provide access to third-party websites, and the user is fully responsible for any use of these websites and for any attempt to obtain or refrain from acquiring any products or services present on these websites. The use of any third-party website is governed by the terms and conditions and privacy policy of that website. UpHill is not responsible for any loss or damage that the user may suffer or incur as a result of using third-party websites or for any acts, omissions, errors, or negligence mentioned on those websites.
VIII. COMPLAINTS AND CLAIMS
It is UpHill's intention to provide all users with a high level of service and satisfaction, however, if you wish to make a complaint about any aspect of the Services, please contact UpHill by email: support@uphillhealth.com.
In order to address any complaints, the established hours are from 9 am to 6 pm from Monday to Friday, except on holidays.
IX. USER’S RESPONSIBILITY
The user must complete the registration in the App in order to enjoy the Services. The access data is confidential and must not be disclosed or shared with third parties. If the user decides to share such information with third parties, they are fully responsible for all activities carried out by those third parties in the App and, notably through their username and password.
The user is fully responsible for their conduct on the Website and for the content they transmit on it, ensuring that the content provided does not violate any legal or regulatory provisions or any third-party rights, namely privacy and data protection and intellectual property rights.
The user agrees that they will be held responsible for any damages, losses, or expenses (including, but not limited to, fines or penalties) that UpHill may suffer as a result of their conduct on the Website and/or due to the content they transmit to third parties without UpHill's authorization, and must reimburse UpHill.
X. APPLICABLE LAW AND JURISDICTION
These Terms of Use are subject to Portuguese law.
To settle any conflict resulting from the interpretation or execution of the Terms of Use, the competent court shall be the Court of Lisbon, with express waiver of any other.
Updated on 10/26/2023