Terms of Use | ENIAX

Terms of Use

Eniax Care (“Eniax Care”, “we”, or “us”) recognizes the importance of privacy. We want you to feel confident using our services, and this privacy notice (“Privacy Notice” or “Notice”) is to help you understand and describe how we collect, use, and disclose your information.

Thanks for using Eniax Care. These Terms of Use (“Terms”) are a legal agreement between you and Eniax Care (“Eniax Care,” “we,” “our,” or “us”) and govern your use of all the text, data, information, software, graphics, photographs and more that we and our affiliates may make available to you (all of which we refer to as “Materials”), including our websites and any services, plug-ins, software or other Downloadable Tools (as defined below) that we may provide through any of our websites (the “Platform” and together with the Materials, this “Website”). The terms “us” or “we” or “our” refer to Eniax Care, the owner of this Website. Eniax Care “Users” are the people who have created a Eniax Care account, and Eniax Care “Invitees” are people who have scheduled a appointment with a Eniax Care User but may or may not have registered with Eniax Care. An Eniax Care “Viewer” is a person who visits the Eniax Care Website but may or may not be a Eniax Care User or Eniax Care Invitee.

If you are entering into these Terms on behalf of a company or other organization, you hereby represent and warrant that you are authorized to enter into these Terms on behalf of such company or other organization.

READ THESE TERMS CAREFULLY BEFORE BROWSING THIS WEBSITE. USING THIS WEBSITE INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT USE THIS WEBSITE IF YOU DO NOT ACCEPT THESE TERMS. THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH ENIAX CARE.

IF YOU ARE A ENIAX CARE USER, VIEWER, OR INVITEE LOCATED IN THE EUROPEAN ECONOMIC AREA, SWITZERLAND, OR UNITED KINGDOM, THE DATA PROCESSING ADDENDUM ACCOMPANIES THESE TERMS AND SETS FORTH OTHER TERMS OF OUR AGREEMENT THAT APPLY SOLELY TO THE EXTENT ANY INFORMATION YOU PROVIDE TO ENIAX CARE INCLUDES PERSONAL DATA OF INDIVIDUALS LOCATED IN THE EUROPEAN ECONOMIC AREA, SWITZERLAND, AND THE UNITED KINGDOM.

SCOPE

Eniax Care’s Website facilitates online scheduling of appointments. You may access and use the Website in accordance with these Terms. Please note that these Terms govern your use of the Website, including, but not limited to, the process through which your Invitees schedule appointments with you.

When using the features of the Website you are subject to any agreements, policies or guidelines applicable to such features that may be posted from time to time. All such agreements, policies or guidelines, including the Privacy Policy, the End User License Agreement and the Data Processing Addendum (as applicable) are hereby incorporated by reference into these Terms.

GENERAL USE

We invite you to use this Website for your individual purposes and not for the purposes of reselling (“Permitted Purposes”) – enjoy!

Subject to these Terms, we grant you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and a limited, personal, non-exclusive and non-transferable right to access and use the Website following the set-up of a Free Account or Paid Account as set forth below. You have no other rights in the Website and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or in any way exploit any portion of the Website in any manner. If you make copies of any portion of this Website while engaging in Permitted Purposes then we ask that you be sure to keep on these copies all of our copyright and other proprietary notices as they appear on this Website.

Subject to these Terms, we also grant you a limited, personal, non-exclusive, non-transferable license to download, install and operate any plug-ins, software, information, or other content that we may have specifically identified within the Website as available for download solely in connection with accessing the Website, including, but not limited to, relevant Eniax Care browser extensions (“Downloadable Tools”). Such Downloadable Tools are also subject to the additional terms provided to you upon download, including without limitation our End User License Agreement.

Our Website is not intended for and may not be used by individuals under 16 years of age. By registering for a Eniax Care account, you state that you are at least 18 years of age, and you are responsible for ensuring that all Eniax Care Users and Invitees are at least 16 years old. Creating an account with false information is a violation of our Terms, including creating an account on behalf of others or persons under the age of 18.

ACCOUNT SETUP

To use the Website, you need to set up an Eniax Care account. You may establish either a free account (“Free Account”) or a paid account (“Paid Account”). You are authorized by Eniax Care to set up one Free Account only. Eniax Care reserves the right to terminate any additional Free Accounts set up by you and any Free Accounts that have been inactive for over 6 months.

When you create an account, we collect registration-related information, which includes your email address and your name. Once you submit the required registration information, we alone will determine whether or not to approve your proposed account. If approved, you will be sent an email detailing how to complete your registration. For so long as you use the account, you agree to provide true, accurate, current, and complete information that can be accomplished by logging into your account and making relevant changes directly. You are responsible for complying with these Terms when you access this Website, whether directly or through any account that you may set up through or on this Website. Because it is your account, it is your job to obtain and maintain all equipment and services needed for access to and use of this Website as well as paying related charges. You agree to choose a strong and secure password(s) and maintain the confidentiality of your password(s), including any password of a third-party site that we may allow you to use to access this Website. Should you believe your password or security for this Website has been breached in any way, you must immediately notify us at soporte@eniax.cl.

Eniax Care or our billing processors collect your billing information when you upgrade to a Paid Account. All information is protected in accordance with our Privacy Policy.

Your account belongs to you. However, Eniax Care controls the URL(s) assigned to your account and may change or deactivate the URL(s) without prior notice. If your account is paid for by another party for you to use (for example, paid and managed by your employer), the party paying for your account has the right to control it, manage it, and get reports on your use of the Paid Account. The party paying for your account does not have rights nor access to your separate, personal account(s) that are not paid for nor managed by that party.

SUBSCRIPTION PERIOD AND SUBSCRIPTION FEES

You agree to pay all applicable fees related to your use of this Website which are described fully on our pricing page. By providing a payment method, you expressly authorize us to charge the applicable fees on said payment method as well as taxes and other charges incurred thereto at regular intervals, all of which depend on your particular subscription and utilized services.

The subscription period for Paid Accounts can be month-to-month, yearly, or another duration described more fully on our pricing page.

Paid Accounts are subject to fees based upon the account type you’ve selected. For renewals, Eniax Care will automatically charge your payment method in the amount of the then-current fee for your type of account, plus applicable taxes. All payments are non-refundable. To the extent that payment mechanisms are provided through third parties, you agree that Eniax Care will have no liability to you arising out of the acts or omissions of such third parties. If applicable, you agree to maintain current billing information.

BY CREATING A PAID ACCOUNT, YOU CONSENT TO ALLOW ENIAX CARE TO CHARGE YOUR PAYMENT METHOD, EITHER DIRECTLY OR THROUGH ITS PAYMENT PROCESSORS, FOR THE AMOUNTS DUE FOR YOUR INITIAL SUBSCRIPTION PERIOD AND FOR ADDITIONAL SUBSCRIPTION PERIODS UNTIL YOUR ACCOUNT IS CANCELED OR TERMINATED. PLEASE PRINT OUT THESE TERMS AND CONDITIONS FOR YOUR RECORDS.

RENEWAL/CANCELLATION

Paid Accounts will automatically renew for the same subscription period unless you cancel the account by the end of the then-current subscription period. You can cancel your account at any time by contacting customer service at soporte@eniax.cl. Cancellation will be effective immediately. Please note that after you cancel your account, you may not be able to use or access the Platform and you will not be entitled to a refund of any fees that you’ve paid.

LEGAL COMPLIANCE

You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website. Eniax Care reserves the right to investigate complaints or reported violations of our Terms and to take any action we deem appropriate, including but not limited to canceling your User account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, e-mail addresses, usage history, posted materials, IP addresses, and traffic information, as allowed under our Privacy Policy. You agree to promptly notify Eniax Care in the event that you are made aware of any unauthorized or illegal use of the Website.

INTELLECTUAL PROPERTY

Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website does not constitute any right or license for you to use such service marks/trademarks. Our Website is also protected under international copyright laws. The copying, redistribution, use, or publication by you of any portion of our Website is strictly prohibited. Your use of our Website does not grant you ownership rights of any kind in our Website.

NOTICES AND MESSAGE

By using the Website, you consent to receive emails from us. These emails may include notices about applicable fees and charges, transactional information and other information concerning or related to this Website. These emails are part of your relationship with us. By scheduling a appointment as an Invitee with a Eniax Care User, you consent to receive transactional emails related to the scheduled appointment (e.g. booking confirmations and reminders). If, as an Invitee, you provide your phone number for text reminders, you also consent to receive SMS text reminders from Eniax Care related to the scheduled appointment between you and the Eniax Care User.

You agree that any notices, agreements, disclosures, or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing. You agree to keep your contact information up to date, and to monitor your email settings to ensure that you receive emails from us at your discretion and as necessary.

LINKS TO OTHER WEBSITES

Our Website may contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with or sponsor such third party websites. The inclusion of links within our Website does not constitute any endorsement, guarantee, warranty, or recommendation of such third party websites. Eniax Care has no control over the legal documents and privacy practices of third party websites, and by using them, you may be giving those third parties permission to use or control your information in ways Eniax Care would not. As such, you access any third-party websites at your own risk.

FORUMS

Certain areas of this Website are public-facing and allow you to interact with others (e.g., the Eniax Care blog) (together, “Forums”). These Forums may permit you to submit feedback, information, data, text, software, messages, or other materials (each, a “Submission”). We love hearing from our Users and Invitees! It’s incredibly helpful and helps us to make a better Eniax Care for all. If you choose to provide a Submission, either directly to us or via a Forum, you agree that we can use them without any restrictions or compensation to you.

Any information that you post in a Forum might be read, collected, and used by others who access it. To request removal of your information from a Forum, contact soporte@eniax.cl. In some cases, we may not be able to remove your information, in which case we will let you know that, and why.

You agree that you are solely responsible for all of your Submissions and that any such Submissions are considered both non-confidential and non-proprietary. If you use Forums, you also understand that anyone could see your Submissions. Eniax Care does not endorse, nor are we required to pre-screen your Submissions (although we might), and, like elsewhere on the Internet, Submissions from other people could offend you. Further, we do not guarantee that you will be able to edit or delete any Submission you have submitted.

By submitting any Submission, you are promising us that you own all rights in your Submission, your Submission does not infringe on the rights of others, your Submission does not violate any laws or regulations, and your Submission is not in poor taste.

You grant to us an irrevocable royalty-free license to copy, modify, publish and display your Submission, and to make, use (and permit others to use) your Submission for any purpose (including, without limitation, to use your Submission in our Website).

We are not obligated to publish any information or content on our Forum and can remove information or content at our sole discretion, with or without notice.

UNAUTHORIZED ACTIVITIES

To be clear, we authorize your use of this Website only for Permitted Purposes. Any other use of this Website beyond the Permitted Purposes is prohibited and, therefore, constitutes unauthorized use of this Website. This is because all rights to this Website remain our property.

Unauthorized use of this Website may result in the violation of various United States and international copyright laws, the deletion of your Eniax Care account, or a block from the Website. Unless you have written permission from us stating otherwise, you are not authorized to use this Website in any of the following ways. (Note that these are examples only, and the list below is not a complete list of everything that you are not permitted to do):

You are not allowed to use the Website:

  • In a manner that modifies, publicly displays, publicly performs, reproduces, or distributes any of this Website;
  • In a manner that violates any relevant law or the Terms of this agreement;
  • To stalk, harass, spam, or harm another individual, organization, or business;
  • To disclose information that you do not have permission to disclose;
  • To impersonate any person or entity, misstate your Personal Data, or otherwise misrepresent your affiliation with a person or entity;
  • To interfere with or disrupt this Website or servers or networks connected to this Website;
  • To use any data mining, robots, or similar data gathering or extraction methods in connection with this Website;
  • To disseminate any viruses, worms, or otherwise harmful code; or
  • To attempt to gain unauthorized access to any portion of this Website or any other accounts, computer systems, or networks connected to this Website, whether through hacking, password mining, or any other means;
  • To submit or store Payment Card Industry data (such as credit card numbers) without using an authorized Eniax Care payment integration;
  • To disclose any types of information listed in California Customer Records statute (Cal. Civ. Code § 1798.80(e)) or other relevant privacy regulations, including medical or health insurance information, education information, employment information, credit or debit card information, or any other financial information, driver’s license, or other government identification number;
  • To disclose or collect any types of information considered to be protected classification characteristics under California or other relevant law, including Age (if 40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth, and related medical conditions), sexual orientation, veteran or military status, and genetic information (including familial genetic information); and
  • To disclose or collect any information defined by relevant laws as biometric information, or any information that falls within the definition of “special categories of data” under EU Data Protection Laws, “protected health information” under California or other relevant law or regulations. “Special categories of data” include, for example, information about an individual’s race, ethnic origin, politics, religion, trade union membership, genetics, biometrics, health, sex life, sexual orientation, or criminal records.

INDEMNIFICATION

You alone are responsible for any violation of these Terms by you. You agree to indemnify and hold Eniax Care, its parents, subsidiaries, affiliates, officers, agents, employees, resellers or other partners, and licensors harmless from any claim, demand, loss, or damages, including reasonable attorneys’ fees, arising out of or related to Personal Data, or the use thereof, including but not limited to allegations that any processing of Personal Data by Eniax Care and/or you under this Agreement violates any applicable law or regulation, or infringes the privacy or intellectual property rights of a third party, any content that you disclose to Eniax Care via your use of the Eniax Care Website, your use of the Website, your violation of these Terms, or your violation of any relevant law.

INTELLECTUAL PROPERTY INFRINGEMENT

We respect the intellectual property rights of others and encourage you to do the same. Accordingly, we have a policy of removing Submissions that violate intellectual property rights of others, suspending access to this Website (or any portion thereof) to any Eniax Care User who uses this Website in violation of someone’s intellectual property rights, and/or terminating in appropriate circumstances the account of any Eniax Care User who uses the Website in violation of someone’s intellectual property rights.

Pursuant to Title 17 of the United States Code, Section 512, we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright or other intellectual property right is being infringed by an Eniax Care User, please provide written notice to us for notice of claims of infringement at soporte@eniax.cl.

To be sure the matter is handled immediately, your written notice must:

  • Contain your physical or electronic signature;
  • Identify the copyrighted work or other intellectual property alleged to have been infringed;
  • Identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material;
  • Contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address);
  • Contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner’s agent or the law;
  • Contain a statement that the information in the written notice is accurate; and
  • Contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner.

Unless the notice pertains to copyright or other intellectual property infringement, the Agent will be unable to address the listed concern.

We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a validly received Digital Millennium Copyright Act DMCA take-down notice. In response, you may provide our Agent with a written counter-notification that includes the following information:

  1. Your physical or electronic signature;
  2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
  3. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
  4. Your name, physical address, and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

We reserve the right, in our sole discretion, to terminate the account or access of any Eniax Care User or Invitee who is the subject of repeated DMCA or other infringement notifications.

WARRANTY DISCLAIMER

THE WEBSITE AND ALL CONTENT ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE IS WITH YOU. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, ACCURACY OF DATA, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.

THIS MEANS THAT WE DO NOT PROMISE YOU THAT THE WEBSITE IS FREE OF PROBLEMS. Without limiting the generality of the foregoing, we make no warranty that the Website will meet your requirements or will be uninterrupted, timely, secure, or error-free, or that defects will be corrected. We make no warranty as to the results that may be obtained or as to the accuracy or reliability of any information obtained through the Website. No advice or information, whether oral or written, obtained by you through the Website or from us or our subsidiaries/other affiliated companies will create any warranty. We disclaim all equitable indemnities.

LIMITATION OF LIABILITY

ENIAX CARE WILL NOT BE LIABLE TO YOU OR OTHERS FOR ANY DAMAGES RESULTING FROM YOUR USE OF THE WEBSITE OR YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THE WEBSITE. IN NO EVENT WILL ENIAX CARE BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, OPPORTUNITIES, REPUTATION, USE, OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE.

ENIAX CARE’S MAXIMUM AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THESE TERMS OR THE WEBSITE, REGARDLESS OF THE FORM OF ACTION (WHETHER SUCH LIABILITY ARISES DUE TO NEGLIGENCE, BREACH OF CONTRACT, MISREPRESENTATION, OR FOR ANY OTHER REASON), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO ENIAX CARE IN CONNECTION WITH THESE TERMS IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (II) US $100.00.

THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE AGREEMENT BETWEEN YOU AND ENIAX CARE AND SHALL APPLY TO ALL CLAIMS OF LIABILITY, EVEN IF ENIAX CARE HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.

LOCAL LAWS; EXPORT CONTROL

We control and operate the Website from our headquarters in Chile and the entirety of the Website may not be appropriate or available for use in other locations. If you use the Website outside Chile, you are solely responsible for following applicable local laws.

Eniax Care and you shall comply with all relevant United States export control laws and regulations. Without limiting the foregoing: (a) you acknowledge that the Website may be subject to the United States Export Administration Regulations; (b) you affirm that you are not, and you will not (i) permit Eniax Care Users or Invitees to access or use the Website in a United States embargoed country; (ii) or permit Eniax Care Users or Invitees on the U.S. Commerce Department’s Denied Persons, Entity, or Unverified Lists or (iii) permit Eniax Care Users or Invitees on the U.S. Treasury Department’s list of Specially Designated Nationals and Consolidated Sanctions list; and (c) you are responsible for complying with any local laws and regulations which may impact your right to import, export, access, or use the Website.

DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVER.

Please Read This Provision Carefully. It Affects Your Legal Rights.

This provision facilitates the prompt and efficient resolution of any dispute that may arise between you and us. Effectively, then, “dispute” is given the broadest meaning enforceable by law and includes any claims against other parties relating to services or products provided or billed to you (such as our licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against us in the same proceeding.

This provision provides that all disputes between you and us will be resolved by binding arbitration because acceptance of these Terms constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury. We prefer this because we believe arbitration is less drama-filled than litigation. To be clear, there is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney’s fees). YOU AND ENIAX CARE AGREE THAT ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.

Pre-Arbitration Claim Resolution

For all disputes, you must first give us an opportunity to resolve the dispute which is first done by emailing us at soporte@eniax.cl the following information: (1) your name, (2) your address, (3) a written description of your claim, and (4) a description of the specific relief you seek. If we do not resolve the dispute within 45 days after receiving your notification, then you may pursue your dispute in arbitration.

Arbitration Procedures

If this provision applies and the dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or we may initiate arbitration proceedings. JAMS, www.jamsadr.com, will arbitrate all disputes, and the arbitration will be conducted before a single arbitrator. The arbitration will be commenced as an individual arbitration, and will in no event be commenced as a class arbitration. This provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration. Because this Website and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit. You or we may initiate arbitration in either Georgia or the federal judicial district where you are located. In the event that you select the latter, we may transfer the arbitration to Georgia so long as we agree to pay any additional fees or costs which the arbitrator determines you incur as a result of the transfer. So long as you place a request in writing prior to commencement of the arbitration, we will pay all arbitration fees and associated costs and expenses for claims seeking up to $10,000, and unless the arbitrator determines that the claims were frivolous. But, you will still be responsible for all additional fees and costs that you incur in the arbitration which include but are not limited to attorneys’ fees or expert witnesses.

Class Action Waiver

Except as otherwise provided in this provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both you and Eniax Care specifically agree to do so following initiation of the arbitration.

Other

You understand and agree that by accepting this provision in these Terms, you and we are each waiving the right to a jury trial or a trial before a judge in a public court. If any clause within this provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this provision whose remainder will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire provision will be unenforceable and the dispute will be decided by a court. This provision will survive the termination of your account with us or our affiliates and your discontinued use of this Website. Notwithstanding any provision in this Agreement to the contrary, we agree that if we make any change to this provision (other than a change to the Notice Address), you may reject any such change and require us to adhere to the language in this provision if a dispute between us arises.

GENERAL TERMS

We think direct communication resolves most issues – if we feel that you are not complying with these Terms, we will likely tell you. We may even provide you with recommended necessary corrective action(s) if possible. However, certain violations of these Terms, as determined by us, may require immediate termination of your access to this Website without prior notice to you.

The Federal Arbitration Act, Georgia state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms to the fullest extent permitted by applicable law. Except for disputes subject to arbitration as described above, any disputes relating to these Terms or this Website will be heard in the courts located in Fulton County, Georgia. Except as otherwise set forth in the dispute resolution provision, if any of these Terms are deemed inconsistent with applicable law, then such term(s) will be interpreted to reflect the intentions of the parties, and no other terms will be modified. By choosing not to enforce any of these Terms, we are not waiving our rights. These Terms, together with our Privacy Notice, End User License Agreement, and the Data Processing Addendum (as applicable), contain the entire agreement between you and us and, therefore, supersede all prior or contemporaneous negotiations, discussions or agreements between Eniax Care and you about the Website and our services. Any definitions found in the Privacy Notice, End User License Agreement, and Data Processing Addendum are hereby adopted by reference in this Agreement. The rights of Eniax Care under our Terms will survive the termination of our Terms.

Neither You or Eniax Care will be liable to the other for any delay or failure to perform any obligation under these Terms (except for a failure to pay fees) if the delay or failure is due to events which are beyond reasonable control, such as a strike, blockade, war, act of terrorism, riot, natural disaster, for failure, or diminishment of power or telecommunications or data networks or services.

Unless you have specifically notified Eniax Care to the contrary in writing (including via email to soporte@eniax.cl), Eniax Care may disclose your company as a customer of Eniax Care (if you use Eniax Care for business purposes and/or use a business email address as your Eniax Care User email address) and may use your company’s name and logo on the Website and in Eniax Care’s promotional content. Eniax Care will request your prior written consent for any other uses.

CHANGES

We may amend our Terms at any time by publishing revised Terms on our Website and/or by sending an email to the address you gave us. These Terms are current as of the Effective Date set forth above. If any changes are made to these Terms, we’ll post them on this page, so please be sure to check back periodically. If you continue to use Eniax Care after those changes are in effect, you agree to the revised Terms. Therefore, it is important for you to periodically review our Terms to make sure you still agree to them. If you object to any such modifications, your sole recourse will be to cease using this Website. Eniax Care reserves the right to change any and all features of our Website, at any time, without notice.

CANADA

The parties declare that they have required that these Terms and Conditions and all documents related hereto, either present or future, be drawn up in the English language only. Les parties déclarent par les présentes qu’elles exigent que cette entente et tous les documents y afferents, soit pour le present ou le future, soient rédigés en langue anglaise seulement.

CONTACT US

If you have any questions about these Terms or otherwise need to contact us for any reason, you can reach us at soporte@eniax.cl.

Eniax Care (“Eniax Care”, “we”, or “us”) recognizes the importance of privacy. We want you to feel confident using our services, and this privacy notice (“Privacy Notice” or “Notice”) is to help you understand and describe how we collect, use, and disclose your information.