Terms & Conditions
1. TERMS AND CONDITIONS OF USE
1.1. These Terms and Conditions set forth, in clear and easy-to-understand language, the terms and conditions that apply to your access, registration and use of the Onecheck.org Domain Platform. These Terms and Conditions also regulate the way in which you may use and purchase electronically the services made available through the Platform.
1.2. You are advised, before registering, purchasing and using the Services, to carefully read these Terms and Conditions of Use of the Platform and purchase of services.
1.3. By accessing and registering to the Platform as well as purchasing and using the Services, you declare that you have read and expressly accepted these Terms and Conditions of Use and the Terms and Conditions of Sale. In any case, by such conduct you accept the Terms and Conditions of Use and the Terms and Conditions of Sale and subsequent updates.
2. VALIDITY AND AMENDMENTS
2.1. AFG Health reserves the right to amend the Terms and Conditions of Use of the App and the General Terms and Conditions of Sale, unilaterally and at any time; you will be notified of the changes made.
2.2. This notice can be given, at the discretion of the Company, by an email sent to the email address entered upon your registration, a notice displayed on the Platform, or by any method that is deemed able to ensure knowledge of the notice. You should periodically review these Terms for changes.
2.3. AFG Health Srl also reserves the right to modify, improve and/or remove any features of the Platform at any time and unilaterally, without this giving you any right to compensation.
3. PLATFORM OWNERSHIP
3.1. AFG Health Srl is the sole owner of the contents of the Platform, including but not limited to its architecture, source codes, texts, documents, images, logos, photographs, page layout, design, know-how and graphic interfaces.
3.2. You may not, therefore, use, copy, reproduce, distribute, publish or in any way exploit any feature, functionality, tool or content of the Platform, in any form or by any means, except as expressly provided for in these Terms and Conditions of Use.
3.3. No content of the Platform may be considered or interpreted as having been licensed or as being the subject of any other right of use by you and/or by any third parties.
4. PURPOSE OF THE SERVICE
4.1. By accessing the Platform, you may book specific tests, molecular or antigenic swabs, serological tests that are relevant for the purposes of your destination. Once the Test has been performed, the report will be made available to you on the Platform.
5.1. In order to access the Platform and use the services, you need an active Internet connection on your own device (the costs associated with the use of the Internet depend on the rates in force with your Internet connection provider).
5.2. Registration to the Platform and the use of the Services are only permitted to individuals over the age of eighteen, who have accepted the Terms and Conditions of Use and have read and accepted the information regarding the processing of personal data.
6. USE OF THE APPLICATION BY MINORS
6.1 If you are under the age of 18, you may only register to the Platform and create an account through an adult, parent or legal guardian.
6.2 The parent or legal guardian will be fully responsible for your compliance with these Terms and Conditions of Use.
7. REGISTRATION TO THE PLATFORM
7.1. Registration to the Platform allows you to create your own personal Account, after entering your true and correct personal data in the registration form and giving your consent to the processing of the data for the sole purposes related to the services requested, and to access the services offered by the Platform.
7.2. Registration is an essential condition: if you do not register, you cannot create an account and access the services offered.
7.3. The personal data entered during registration must correspond to those of the person who will use the services offered by the Platform.
7.4. The email address and password you choose are your own login credentials, which allow you to access the Platform.
7.5. Once logged in, you agree to keep the password and not to disclose it to third parties: access credentials are in fact personal, related to the user and not transferable, not even for free. You are specifically responsible for taking all appropriate measures to ensure the confidentiality of your access credentials.
7.6. You are directly responsible for any activity carried out using your own Account or that of minors in your charge or your own access credentials, and you undertake to inform AFG Health Srl of any unauthorized or abusive use of your Account and/or access credentials. AFG Health Srl accepts no responsibility for any damage of any kind that you may suffer as a result of abuse or unauthorized or use of your Account (and/or your access credentials) by third parties.
7.7 In case of problems related to the Account or password, please contact AFG Health Srl by sending an e-mail to firstname.lastname@example.org.
8. RIGHTS AND OBLIGATIONS OF THE USER
8.1. By accepting the Terms and Conditions of Use, you:
- confirm under your own responsibility that you are over 18 years old or act as a parent or legal guardian of a minor;
- confirm that you have agreed to provide your personal data in order to register on the Platform, create a personal account and use the services made available;
- guarantee that the information provided to AFG Health Srl is correct and truthful: should the information provided prove incorrect and/or untruthful, AFG Health Srl reserves the unconditional right to delete your Account without giving reasons and to prevent you from accessing the Platform; if you are prevented from accessing the Platform for the above reasons, you may not create a new Account;
- undertake to use the Platform solely for the purposes for which it was created, i.e. to provide access to the Services offered;
- agree to refrain from engaging in the following activities:
- modify the Platform and/or create derivative works based on the Platform;
- circumvent the computer systems used by AFG Health Srl or its licensors to protect the content accessible through the same;
- copy, in any way, any content provided by AFG Health Srl through the Platform or during the provision of Services;
- breach data protection rights of any person.
8.2. You are responsible for the use you make of the Platform and the information you enter into your account.
8.3. In case of claims of third parties regarding any data or other content, or any action you may implement through the use of the Platform, you accept full responsibility, both to third parties and to AFG Health Srl.
8.4. You have the right to report to AFG Health Srl any problems concerning the operation or use of the Platform by sending an email to email@example.com.
9.1. AFG Health Srl cannot be held responsible for any error (including material errors) and/or interruption in the operation of the Platform that is not attributable to AFG Health Srl.
9.2. AFG Health Srl does not provide any guarantee and disclaims any liability, within the limits of the law, for any direct or indirect damage you may incur from the use or impossibility of use of the Platform for causes not attributable to AFG Health Srl.
9.3. AFG Health Srl is also not liable for any damages that you may incur from the failure of operators of electronic communication services, with which you have contractual relationships, to comply with legal and contractual provisions applicable to the transmission of any signal to or from Users via the Services.
9.4. Any liability imposed by law will in any case be limited to the use of the Platform, with the express exclusion of any liability for direct and/or indirect damages resulting from your actions or from access and misuse of data by third parties.
9.5. AFG Health Srl is not responsible for any inability to access and/or use the Platform that may depend on Internet connection problems and/or technical malfunctions of the same.
9.6. AFG Health Srl accepts no responsibility for damages, claims or losses, whether direct or indirect, that you may incur from failure and / or malfunction of electronic equipment of third parties, or telephone and / or computer links not directly managed by AFG Health Srl or its suppliers.
10. LIMITATIONS IN THE PROVISION OF THE SERVICE
10.1. AFG Health Srl reserves the right to modify, suspend or discontinue all or part of the Service at any time, even without notice.
10.2. By way of example and without limitation, this may occur in case of lack of Internet connection of your device, malfunctioning of servers or Services provided by third party suppliers and other electronic devices, including those not forming an integral part of the Internet network, malfunctioning of installed software, computer viruses, as well as the actions of hackers or other Users with access to the network.
10.3. AFG Health Srl will keep you informed of any suspensions and/or interruptions of the Service through communications to the e-mail address used during the registration process.
11. RIGHT OF WITHDRAWAL
11.1 You may disable your Account and terminate your registration at any time and for any reason, by sending an email to firstname.lastname@example.org.
11.2 Following the exercise of the right of withdrawal, AFG Health Srl will disable your personal account and delete all personal data recorded except for the data it is required to keep in compliance with legal obligations.
GENERAL TERMS OF PROVISION OF THE SERVICE
The services under these General Terms and Conditions are provided by AFG Health Srl, headquartered in Milan, at via Andrea Solari 48, 20144, registered at the Milan Chamber of Commerce under REA no. 2602208, tax code and VAT no. 11435360968 hereinafter the «Supplier»
1. SUBJECT MATTER OF THE CONTRACT
1.1 This contract regulates the provision, in your favor, of
– reservation of the specific Test for purposes of transfer to an “under contract” healthcare facility
– report issued by the healthcare provider, and made available on the Platform.
2. ACCESS TO, PURCHASE AND PAYMENT OF THE SERVICES
2.2 After having registered, you will be able to book the relevant Test relevant for purposes of transfer to a healthcare facility of your choice, affiliated with AFG Health Srl; you will receive the booking confirmation through the Platform.
2.3 In order to book the Test, you need to conclude the contract for the purchase of the service provided; the contract between you and AFG Health Srl is concluded exclusively through the internet network: you will have to access your Account where, following the indicated procedures, you will formalize the “online sales contract”.
2.4 The online sales contract is concluded when you express your consent to the purchase through the adhesion sent online, always subject to the display of a web page summarizing the service purchased, the cost of the service and any additional charges, the manner and timing with which you can view the report issued by the healthcare facility, and the withdrawal procedures.
2.5 As soon as the Supplier receives your consent to purchase, the Supplier will create a web page to confirm and summarize the order, which can always be viewed through the Platform, and which contains the data mentioned in the previous point.
2.6 The contract will not be considered perfected and effective between the parties without the information referred to in the previous point.
2.7 The cost of each service is specified in the Platform and includes any taxes and fees, where applicable. The cost of the Services may change over time, but such changes will not affect requests you have already made.
2.8 The procedure for the purchase of services ends with the relevant payment, which can be made through Stripe.
2.9 The service fee for booking the Test through the Platform will be charged at the time of purchase.
2.10 You will have to pay the cost of the booked Test at the healthcare facility.
2.11 All communications relating to payments take place through Secure Sockets Layer (SSL) technology to protect the security of your credit card information.
3.12 Credit card information submitted on websites and applications is stored and processed by Stripe, which has contractually agreed to comply with all rules, standard regulations, or guidelines adopted or required by the payment card brands (including, without limitation, Visa, MasterCard, American Express, Discover, and JCB) or the Payment Card Industry Security Standards Council relating to privacy, data security, and the safeguarding, disclosure, and management of payment instrument data, including, without limitation, Payment Card Industry Data Security Standards, Visa’s Cardholder Information Security Program, Discover’s Information Security & Compliance Program, the Data Security Operating Policy of American Express, MasterCard’s Site Data Protection Program, Visa’s Payment Application Best Practices, Payment Card Industry’s Payment Application Data Security Standard, MasterCard’s POS Terminal Security program, and the Payment Card Industry PIN Transmission Security program, as well as any changes thereto.
2.13 Once the purchase procedure for the Service has been completed, you will no longer be able to modify the personal data entered.
3. PROVISION OF THE SERVICES
3.1 The service related to the booking of the Test and the provision of the relevant report for the transfer will be provided automatically through the Platform.
3.3 The Test will be carried out at the healthcare facility that you have chosen while booking, by health personnel authorized by that facility.
4. RIGHT OF WITHDRAWAL
4.1 The user has the right to withdraw and cancel the booking of the Test up to 24 hours before the date booked for the execution of the Test, without specifying the reason and being entitled to a full refund.
4.2 If the user wishes to cancel the reservation after the deadline set out in the previous point (4.1), he will still be required to pay the full value of the Test booked.
4.3 If the user decides to make use of the right of withdrawal provided for in points 4.1 and 4.2, he must notify AFG Health Srl through the use of the appropriate cancellation function in the User’s personal dashboard.
4.4 With the receipt of the communication with which the user communicates the exercise of the right of withdrawal, the parties to this contract are released from their mutual obligations.
5. FAILURE TO PROVIDE THE SERVICE
5.1 AFG Health Srl will refund the amount you paid at the time of booking the Test in case of withdrawal within the terms and in the manner provided for in art. 4.1 and 4.2 and 4.3.
5.2 In case of refund, the amount withdrawn from your credit card is automatically credited back, according to the technical procedures provided by the platform.
6.1 The platform automatically generates a fiscal document between you and AFG Health Srl, having as object the service rendered through the Platform, that is the booking of the Test and the provision of the report.
6.2 The invoice for the healthcare service (performance of the Test) will be issued by the selected healthcare facility where the Test is performed.
7.1 In no event will AFG Health Srl be held responsible, or jointly responsible, in relation to the professional responsibility arising from and/or consequent to the provision of the health service carried out by the doctor/healthcare facility.
In accordance with the laws currently in force, the professional responsibility for the healthcare service provided lies with the qualified professionals and the healthcare facility authorized to provide the clinical service, therefore no claim can be made against AFG Health Srl.
7.2. AFG Health Srl may be responsible for any technical and/or organizational inefficiency of the Platform, without prejudice to what is stated in art. 5 of these terms and conditions.
CLAUSES APPLICABLE TO THE TERMS AND CONDITIONS OF USE OF THE APP
AND TO THE GENERAL TERMS OF SALE
1. PROCESSING OF PERSONAL DATA
1.1. The Platform complies with current legislation regarding the processing of personal data. All data that you provide will be treated in compliance with the GDPR (General Data Protection Regulation, Reg. (EU) 2016/ ) and with Italian Legislative Decree No. 196/2003 (“Privacy Code”), as amended by Legislative Decree 101/2018.
2. PARTIAL INVALIDITY
2.1. Should any clause or part of the General Conditions be deemed null and void, illegal or unlawful, this will not affect the rest of the contract and its validity and effectiveness.
3. Place of jurisdiction and governing law
3.1. Relations between you and AFG Health Srl are governed by the law of your Country of usual residence.
Disputes concerning the Terms and Conditions of Use, you being a consumer, are subject to the provisions of Italian Legislative Decree 206/2005, and, therefore, the courts of the place indicated as your residence or domicile will have jurisdiction.
3.2. For the out-of-court settlement of disputes arising in relation to the Terms and Conditions of Use governed by the provisions of Sections I to IV of Chapter I of Title III of Part III of the Consumer Code and relating to the Terms and Conditions of Use, you may have recourse to the mediation procedures under Italian Legislative Decree no. 28/2010, or apply to ADR entities through the online dispute resolution (ODR) platform, established and managed by the European Commission, and accessible through the following link: http://ec.europa.eu/consumers/odr/. For any information on the methods of use of the ODR platform, you may contact the Company at the following e-mail address email@example.com.