Terms of Use
Last update: 15 March 2021
1.- Ownership
The Data Controller of this mobile app, PREVENT 4WORK’, ‘MHEALTH’ or ‘P4WORK’ is the ‘Fundación Universidad San Jorge’, hereinafter ‘USJ’, recognised by the Order of 9 March 2005 (Official Gazette of Aragón of 23 March 2005) by the Department of Government and Institutional Relations of the Government of Aragón, registered in the College Campus Villanueva de Gállego, Autovía A-23 Zaragoza- Huesca Km. 299, 50830 Villanueva de Gállego (Zaragoza), with Spanish Tax Code G-99047672, filed in the Registry of Foundations of the Regional Government of Aragón.
Spanish Tax Code: G-99047672 E-mail: p4work@usj.es
2.- Acceptance
This mobile app and the service provided, hereinafter ‘the Service’, are available to all users subject to the following terms and conditions: these ‘Terms of Use’ and our ‘Privacy Policy’.
By using the Service, you agree to our terms and conditions. By doing so, you agree not to use this service for illegal purposes.
Please keep in mind that we may archive for legal reasons the electronic documents where the possible subscriptions to our services could be formalised. You may request to have access to the said documents at any time by sending an email to p4work@usj.es
3.- Description and Use of the Service
3.1.- Provision of the Service
You can use the Service to register as a user to prevent and manage potential musculoskeletal disorders related to work, which may involve or lead to muscular pain in the back, neck or upper limbs. You must create your profile by clicking on ‘New user’. Fill in the required information and, once you log in, you will be able to contact the entity if you need.
If you have been invited to use the Service by an institution or professional or your company, please use the username and password they gave you to log in.
If you use the Service as an entity/health professional, please remember this option is only available to institutions related to the members of the project, and that it will require the approval of the administrator to have access to the users of the platform. You will have to create your profile by clicking on ‘New professional’, and provide the required information. Once you do so, you will be able to manage the possible users, messages, the virtual platform, agenda or your resources (i.e., educational material, exercises, questionnaires).
3.2.- Use
Users, whether they are personal or professional users, agree to use the Service according to current legislation in your country and the terms and conditions of the platform.
Likewise, they undertake not to collect data for advertising purposes, nor to send any kind of ads or notices for sale or other commercial purposes. They cannot make data collected through the Service available to third parties.
Users shall be held liable by these third parties in case they breach these obligations. Furthermore, they shall be held liable in case they damage, disable, overload, deteriorate or prevent the normal use of the materials and information provided in the Service, the information systems or the documents, files and all sorts of content stored on any computer equipment belonging to P4WORK, its members or any person using the Service.
4.- External links
This Service may redirect you to other websites by way of links.
However, P4WORK has no control over the said sites or their content, which are subject to their own terms. Therefore, P4WORK shall not be held liable for the quality, veracity or accuracy of the information therein.
5.- Age
Regarding the registration in our Service, or in our paid subscriptions, you declare that you are of legal age and that you have the legal capacity to become bound by this agreement and use the site according to the terms and conditions of use thereof, which you fully understand and acknowledge.
If you are subscribing to the Service on behalf of an institution, organisation or company, you acknowledge that the organisation has granted you the required authorisation and representation to do so.
You declare that all the information you provide to access the Service, before and during its use, is true, complete and accurate.
6.- Intellectual and Industrial Property
The content and information of the Service (such as text, sounds, images or computer code), as well as the hardware or software elements used to provide the said content and information, are owned by P4WORK, or P4WORK holds the required authorisations to use them.
Furthermore, you are not authorised to modify, reproduce, duplicate, copy, distribute, sell, resell nor exercise any other forms of exploitation of the content of the Service for commercial or similar purposes.
You will require our prior written consent for any other use of the content of the Service.
7.- Content provided by Users
You may contribute to the Service by sending us messages to our e-mail address, or through the contact form or the platform’s messaging system (hereinafter, the ‘Content’).
We may use your Content in different ways, for instance by displaying it on the mobile app or the website, reformatting it, translating it to other languages, editing it to bring clarity, correcting errors, promoting it or distributing it.
Therefore, by sending us Content, you grant P4WORK a free, non-exclusive, worldwide licence for use, until the content is withdrawn. This licence over the Content may be transferred and sublicensed.
This means that the Content will remain yours, but that, under the said licence for use, P4WORK may: a) use, reproduce, modify, adapt, translate, distribute and publish the Content, create derivative works based on it, display it and exhibit it across the world, by any known means and for any legitimate purpose; and b) use the name you submit in connection with the said Content.
However, P4WORK reserves the right not to publish content or information that is false or contrary to the rights of third parties.
Unless otherwise indicated, the concept of ‘Content’ will not include the resources, materials, links, documents or videos related to sensitive data or the health of the user or professional.
8.- Price and taxes
The Service is provided for free.
9.- Warranty and liability disclaimer
Except in those cases expressly described in these terms and conditions and to the extent allowed by law, P4WORK shall not be held liable for any kind of damages due to the lack of accuracy, completeness or timeliness, including errors and omissions, of the information contained in the Service. Likewise, P4WORK shall not be held liable for any obligation or commitment to verify or monitor the Content and information thereof.
Moreover, P4WORK does not guarantee the availability and continuity of the operation of the Services. P4WORK will endeavour to provide sufficient notice, where possible, of any interruptions that may occur in the operation of the Service.
P4WORK excludes, to the full extent permitted by law, any liability for any damages due to the lack of availability or continuity of the operation of the Service. Likewise, P4WORK shall not be held liable regarding any kind of fraud over the app both personal and professional users may attribute to the Service.
Moreover, P4WORK shall not be held liable for any kind of damages due to the use of the Service and the content thereof by users or professionals, or due to the lack of veracity, validity or authenticity of the information users provide about themselves. In particular, P4WORK shall not be held liable for the damages of any kind that may be due to the impersonation of a third party by a user in any kind of communication sent through the Service.
10.- Cancellations
The profiles created, both for users and professionals, can be cancelled or deleted at any time, through the ‘user and/or professional profile’ in the ‘settings’ section and option ‘Do you want to unsubscribe?’.
For any questions, please contact us at: p4work@usj.es
11.- Modifications and invalidity
We may update the terms and conditions of the Service in the future, as well as the features and functions of the Service. However, this will not adversely affect the quality of any specific services we have expressly agreed to provide.
We will inform you of any changes made to these terms and conditions by featuring a notice in an outstanding place in our website and/or via e-mail.
If any clause included in our terms and conditions is declared to be totally or partially null or ineffective, this will only affect the said clause, or the part thereof declared null or ineffective. The terms and conditions will remain applicable in everything else, and the said clause, or the part thereof in question, shall be considered as not included.
12.- Claims and actions resulting from the contract
This Service is governed by Spanish law.
In order to simplify the resolution of civil claims and reduce costs, we do not exclude the possibility of submitting ourselves to Equity Arbitration before the Court of Arbitration of the Spanish Chambers of Commerce and Industry.
In this regard, and according to the applicable regulations, P4WORK informs of the existence of a European platform for the online resolution of disputes that facilitates the extrajudicial resolution of such disputes related to contracts executed online between consumers and Internet service providers. This platform can be accessed through the following website: http://ec.europa.eu/odr
If the Service is hired by a company, in case there is any controversy, the parties shall submit themselves to the courts of Zaragoza and to Spanish law.
13.- Contact
If you have any questions regarding these terms and conditions, you can contact us at: p4work@usj.es