General terms and conditions of use of the tmhsuite.com website and user information

Preamble

THE MIND HUB COMPANY, S.L. offers Internet USERS the TMHSuite.com website as an online platform for (a) Internet USERS to share through the channels of access and communication enabled, their concerns and interests with psychologists to obtain psychological assistance services, as well as for (b) psychological centres or independent psychologists (who will be referred to in these legal conditions as the CLIENTS) to offer their services, establish contact with users and manage appointments through the functionality of the Website and the software provided to professionals by THE MIND HUB COMPANY, SL.

Medical or health advice may appear on the website and will be provided by specialised and qualified doctors or health professionals.

Access to and/or use of the TMHSuite.com Website is completely voluntary and confers the status of USER to those who access and/or use it. All USERS accept, from the moment they access the Website, without any kind of reservation, the contents of these "General Conditions of Use", the "Data Protection Policy" and, where appropriate, the "Specific Conditions" that may complement, replace or modify them in any way in relation to the services and contents of the Website.

Consequently, the USER must carefully read both before accessing and using any of the services of the Website at his/her own risk.

The USER can access, print, download and save the General Conditions of Use at any time. These Conditions will be permanently accessible on the Website through the link "Legal Conditions".

The use of this Website (in particular the entry in the personal menu and the management and editing of personal data or information that the portal offers to companies) implies the acceptance by the USER of the appearance on the Website.

Also, THE MIND HUB COMPANY, S.L. informs the USERS of this Website that these Terms of Use may be changed without notice. Consequently, the USER must read this Legal Notice carefully each time he/she uses the Website, as it may undergo modifications.

THE MIND HUB COMPANY, S.L. reserves the right to modify without notice, the design, presentation and / or configuration of this Website, as well as some or all services, and add new services.

In any case, THE MIND HUB COMPANY, S.L. reserves the right to, at any time and without prior notice, deny access to this site to those users who violate any of these general conditions of use or the particular ones that apply to them.

Purpose

This legal notice regulates the access and use of the Website service tmhsuite.com (hereinafter, the Website) that THE MIND HUB COMPANY, S.L. makes available to Internet users interested in its services and content (hereinafter, the USERS).

THE MIND HUB COMPANY, S.L. may remove from the Website illegal content without notice, as well as those contents that could be considered inappropriate or could violate the rights of others.

The USER acknowledges that technically it is not possible to achieve 100% availability of THE MIND HUB COMPANY, S.L. Website. However, THE MIND HUB COMPANY, S.L. will strive to keep the Website available as consistently as possible. For reasons of maintenance, security or capacity, in particular as well as because of events over which THE MIND HUB COMPANY, S.L. has no control (e.g. anomalies of public communication networks, power outages, etc.) brief anomalies or temporary suspension of the services of the Website may occur.

Conditions for booking appointments through the website

1 Purchasing options through the website

Through the present web platform, the client user will have the option to contract therapy sessions published by a professional user and pay the price directly through the payment platform enabled on the website, and according to the prices provided by the professional user, with the number of sessions, as well as the time and day of the sessions already being scheduled.

2 How does payment work through Stripe

Please note that payments for services provided through TMH Suite are managed via the Stripe platform and are subject to a commission fee (2% + €0.25 per transaction). Appointments can be requested by either the practitioner or the patient:

If the appointment is made by the practitioner: The practitioner may schedule an appointment and request partial or full payment, or no payment, prior to the appointment. Once the payment has been processed, Stripe applies a commission on the total amount collected. The amount received by the practitioner is the value paid by the patient minus the commission applied by Stripe. In the event of cancellation by the patient, the practitioner is responsible for arranging any applicable refunds in accordance with their internal policy. Similarly, if the practitioner cancels the appointment, they are also responsible for arranging any applicable refunds. Any payments made will remain linked to the original appointment date, even if this is subsequently changed. TMH Suite does not allow the management of automatic refunds through the platform. The commission charged by Stripe is non-refundable.

If the appointment is made by the patient: It is at the discretion of the professional to include in their public schedule a stipulation that a payment must be made by the patient to confirm an appointment. Once the payment has been processed, Stripe will deduct its standard fee, and the practitioner will receive the net payment, which is the amount charged to the patient minus the Stripe fee. In the event of cancellation by the patient or the practitioner, the practitioner will be responsible for reimbursement if deemed necessary. Please note that the payment will remain associated with the appointment, even if the date or time of the appointment is changed. Refunds are not automatically processed through TMH Suite, and that Stripe's commission is non-refundable.

3 Eligibility for employment: legal age

Please note that in order to use the services of the website and the payment platform, you must be at least of legal age.

4 Methods of payment

The payment method supported by the payment platform included on the website is via credit or debit card from Visa, MasterCard, American Express, Apple pay and Google Pay through a virtual POS. These payments are made in a secure environment thanks to the services offered by Stripe. The user's payment details will be stored so that they can be used, if the user so consents, to contract subsequent therapies with the practitioner. If you need more information about this payment method, you can consult the terms and conditions at https://stripe.com, the payment service provider. The company does not work as an intermediary either in the payment or in the management of the service.

5 Invoicing

The professional user shall be responsible for invoicing the client for the services contracted through the virtual agenda or the software. The invoice will be sent by the means agreed between both parties, THE MIND HUB COMPANY SL bears no responsibility for producing such a document or sending it.

6 Data associated with the payment

In order to complete the payment through the enabled platform, the Client User must provide certain information: name and surname of the payment card holder, card number, security code, expiry date of the payment card and, if applicable, post code. THE MIND HUB COMPANY S.L. does not store the payment data of users, which will be processed and stored by the payment service provider described in these conditions and in the Privacy Policy.

7 E-procurement and formalisation of the contract

The contractual agreement between the client user and the professional user is understood to be formalised from the moment the client user completes the contracting procedure by pressing the "Pay" button or similar expression, it being understood that the completion of all the phases of the electronic contracting procedure and the inclusion of all the data requested, together with the ticking of the corresponding box relating to the acceptance of these Particular Conditions, is a direct manifestation of the User's will to accept the same. THE MIND HUB COMPANY SL will file the electronic document in which this contract is formalized, respecting the privacy policy expressly defined in the registration process, after the conclusion of the contract. The language in which the contracting procedure will be carried out and in which this contract is formalised will be, unless otherwise indicated, Spanish. The professional user is legally obliged to invoice and deliver the service to the client user, as well as to comply with current accounting and tax obligations.

8 Terms of delivery

The terms of delivery of services purchased by the Client and Guest User shall be those expressly agreed with the Professional User. THE MIND HUB COMPANY S.L. is not responsible in any case of conflicts that may arise from this relationship.

9 Exclusions

It is expressly stated that THE MIND HUB COMPANY S.L. does not guarantee the quality and / or effectiveness of the sessions that the Professional User offers through the Platform, nor the availability of the same. since the responsibility for the authenticity, effectiveness and reliability of the services is assumed by the professional user who offers them. THE MIND HUB COMPANY S.L. is not responsible for security errors that may occur or damage that may be caused to the customer's computer system (hardware and software), files or documents stored therein, as a result of: The presence of a virus in the User's computer system or mobile terminal used to connect to the services and contents of the Payment Platform; A malfunction of the browser The use of non-updated versions of the same. THE MIND HUB COMPANY S.L. excludes any liability for damages of any kind that may be due to the unlawful use of the Platform by Users or that may be due to the lack of veracity, validity, completeness and/or authenticity of the information that Users provide to other Users about themselves and, in particular, although not exclusively, for damages of any kind that may be due to the impersonation of a third party by a User in any kind of communication made through the payment Platform.

10 Right of withdrawal and reimbursement

In compliance with Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, we inform you that the client user may withdraw from the purchase of any service acquired through our platform during the 14 days following the conclusion of the contract without the need for any justification or penalty, provided that the service has not been provided or has not been started. The only limitation to your right of withdrawal will be that contained in article 103. a) of Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws: "The provision of services, once the service has been fully performed, where performance has begun, with the prior express consent of the consumer and user and with their acknowledgement that they are aware that, once the contract has been fully performed by the trader, they have their lost their right of withdrawal.”

Responsible use. Warnings

The USER must be of legal age and have the legal capacity to access, register and/or use the Website, including the use of its forums and the public and private consultation room.

The information contained in the website's blog and forums is intended to enhance, not replace, under any circumstances, the direct relationship that may exist between a user and his or her psychologist and/or psychotherapist.

All responses to the "topics" of the forum, public and private consultations are made by the USERS of the Website, with THE MIND HUB COMPANY accepting no responsibility for the aforementioned contents".

THE MIND HUB COMPANY SL is not responsible for the good practices of psychological centres, psychologists and / or independent psychotherapist attached to the Website. The data contained in the information sheet of the Psychological Centre or independent psychologist have been provided by themselves, and THE MIND HUB COMPANY, S.L. bears no responsibility for the lack of truthfulness, completeness, updating and accuracy of the same. In this sense, THE MIND HUB COMPANY is not responsible under any circumstances for conflicts that may arise between users and psychological centres, psychologists and / or independent psychotherapists attached to the Website, and users should be directed to the latter to make any claim in this regard. However, in order to offer a quality service, THE MIND HUB COMPANY offers itself as a mediator, so that if any issues do arise, the USER get in touch using the email hola@tmhsuite.com and we will provide the help that is within our reach.

This WEBSITE IS NOT INTENDED FOR MEDICAL DIAGNOSIS AND PRESCRIPTION OF MEDICATIONS. In the event that you are seeking or in need of such services (for example, but not limited to, IF YOU CONSIDER THAT YOUR MENTAL OR PHYSICAL HEALTH IS AT RISK, IF YOU ARE THINKING OF SUICIDE OR IF YOU MAY ACT IN A MANNER THAT PUT YOUR HEALTH OR THE HEALTH OF THIRD PARTIES AT RISK, IF YOU UNDERSTAND THAT ANY OTHER PERSON MAY BE IN ANY DANGER, IF YOU HAVE ANY MEDICAL OR PSYCHIATRIC EMERGENCY) YOU SHOULD REFRAIN FROM USING THE WEBSITE AND IMMEDIATELY CONTACT A MEDICAL FACILITY OR A&E.

Obligations of USERS on the Website

The USER undertakes to make diligent use of the Website and the services accessible from it, in full compliance with the Law, good customs and these General Conditions of Use and, where appropriate, specific conditions, as well as maintaining due respect for other USERS, assuming any liability that may arise from non-compliance with the rules.

Any use other than for the purpose of this Website is expressly prohibited.

In this sense, the USER shall not use any of the materials and information contained on this Website for illegal purposes and expressly prohibited in these Terms and Conditions of Use and the special conditions, if any, are enabled that are contrary to the rights and interests of THE MIND HUB COMPANY, SL., its members and / or third parties, and shall be liable to them in case of contravention or breach of these obligations and / or in any way (including the introduction or spread of computer viruses), damage, disable, overburden, impair or impede the normal use of the materials and information contained on the Website, information systems or documents, files and all kinds of content stored on any computer (hacking) THE MIND HUB COMPANY, S.L. of its members or any user.

Likewise, the USER expressly declares to comply with all applicable regulations and requirements regarding the exercise of the activity contained in the advertisement, exonerating tmhsuite.com from any possible claim derived from the falsity or inaccuracy of said declaration.

In general, the provision of services does not require prior subscription or registration by USERS. However, THE MIND HUB COMPANY, S.L. conditions the use of some of the services to the prior completion of the corresponding USER registration (company or individual), selecting the identifier and password that the user agrees to keep and use with due diligence.

In accordance with the provisions of article 23 of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce, as a registered USER, confirmation of access to the services will be made by activating the "I accept the conditions of use" button that will appear before you proceed to finalise your registration on our platform.

Once you have completed all the mandatory fields required by our platform, the online registration procedure, and once you have made use of the validation link included in the verification email sent by tmhsuite and which you will receive in the email you have given to us, the legal relationship with the owner of this website will begin.

The use of the password is personal and non-transferable, and it may not be transferred, even temporarily, to third parties. In this regard, the USER must adopt the necessary measures for the safekeeping of the password they select, preventing its use by third parties. Consequently, the USER is solely responsible for the use of your password is made, with full indemnity for THE MIND HUB COMPANY, SL In the event that the USER knows or suspects the use of your password by third parties should bring this circumstance to the attention of THE MIND HUB COMPANY, SL as soon as possible.

The aforementioned registration of the USER shall be carried out in the manner expressly indicated in the service itself.

All information provided by the USER through the services must be truthful and accurate. For these purposes, the USER guarantees the authenticity of all data communicated as a result of filling in the forms necessary for subscription to the Services.

Similarly, it is the responsibility of the USER to keep all information provided to THE MIND HUB COMPANY, S.L. permanently updated so that it responds at all times to the actual situation of the USER. In any case the USER will be solely responsible for any false or inaccurate statements made and the damages caused to THE MIND HUB COMPANY, S.L. or third parties for the information provided.

The USER undertakes to respect the applicable laws and the rights of third parties when using the contents and services of the Website. The reproduction, distribution, transmission, adaptation or modification, by any means and in any form, of the contents of the Website (texts, designs, graphics, information, databases, sound and/or image files, logos, etc.) and other elements of this Website is also prohibited, except with the prior authorisation of their legitimate owners or when permitted by law.

In particular, the user is prohibited from: using libellous or slanderous content, regardless of whether such content affects other USERS or other persons or companies, using pornographic content or content that violates the laws for the protection of minors, or advertising, offering or distributing pornographic products or products that violate the laws for the protection of minors, disturbing other USERS (especially by spamming), using content that is legally protected (e.g. by intellectual property law, trademarks, patents, utility models or aesthetic models) without having the right to do so, or advertising, offering or distributing goods or services that are legally protected, as well as to carry out or promote anti-competitive actions, including those aimed at progressive customer acquisition (such as chain, snowball or pyramid schemes).

The user is prohibited from the following actions:

Using mechanisms, software or scripts in connection with the use of the Website.

Infringing the registration rules set out in the forms provided.

Blocking, overwriting, modifying or copying, unless this is necessary for the correct use of the services of the websites. For example, copying using "Robot/Crawler" type search engine technologies is not necessary for the proper use of the Website's services and is therefore expressly prohibited.

Disseminating and publicly reproducing content from the website of THE MIND HUB COMPANY, S.L. or other USERS, without prior authorization.

Any action that is likely to impair the functionality of the infrastructure of THE MIND HUB COMPANY, S.L. especially to overload it.

Using any of the materials and information contained in this Website for purposes which are illegal and expressly prohibited in these General Conditions of Use, as well as the particular conditions that, where appropriate, are enabled that are contrary to the rights and interests of THE MIND HUB COMPANY, S.L. , its members and / or third parties, and shall be liable to them in case of contravention or breach of these obligations and / or in any way (including the introduction or spread of "computer viruses"), damage, disable, overload, impair or impede the normal use of the materials and information contained on the Website, information systems or documents, files and all kinds of content stored on any computer (hacking) THE MIND HUB COMPANY, S.L. of its members or any user.

Collecting personal information about third parties without their knowledge or consent in breach of the European Personal Data Protection Regulation 679/2016 and of the Organic Law on Personal Data Protection 3/2018, and/or contacting other Users of the website for purposes other than their own and those set out in this Legal Notice.

The user is aware of, and voluntarily accepts, that the use of the service takes place, in all circumstances, under their sole and exclusive responsibility.

The USER will be liable for damages of any kind that THE MIND HUB COMPANY, S.L. or any third party may suffer as a result of a breach of any of the obligations to which it is subject by virtue of these "General Conditions of Use" or the law in connection with the use of the service.

Obligations when placing ads on tmhsuite.com

Through the insertion of information and/or images on the tmhsuite.com Website, the client declares themselves to be the legitimate owner of the intellectual and industrial property rights of the content for reproduction, distribution and public communication through any electronic media, mainly Internet and e-mail, for the whole world for an unlimited period of time.

In this sense, the CLIENT declares to have sufficient rights for the insertion of the information and/or images on the tmhsuite.com Website.

THE MIND HUB COMPANY, S.L. does not allow the insertion of content that impairs the quality of service. The insertion of content that:

Is suspected of being unlawful under national, Community or international law or of engaging in activities that are suspected of being unlawful or of contravening the principles of good faith.

That does not meet the quality parameters established in THE MIND HUB COMPANY, S.L.

That violates the fundamental rights of individuals, may seek to weaken the user, lack of courtesy on the network, annoy or may generate negative opinions in our USERS or third parties. Specifically, and by way of example but not limited to: any of the legal rights of third parties; those that encourage or promote the creation, maintenance and promotion of business related to pornography, obscene material or management of erotic contacts; those that are related to clairvoyance, tarot, "occult sciences" or any other related content; and in general any content that THE MIND HUB COMPANY, S.L. considers inappropriate for USERS and, in particular, for minors.

And in general that contravene the principles of legality, honesty, responsibility, protection of human dignity, protection of minors, protection of public order, protection of privacy, consumer protection and intellectual and industrial property rights.

Also, THE MIND HUB COMPANY, S.L. reserves the right to remove from the Website those contents that are considered inappropriate to the characteristics and purposes of tmhsuite.com.

THE MIND HUB COMPANY, S.L. cannot control each and every piece of published content, so it cannot assume responsibility for the content. In particular, THE MIND HUB COMPANY, S.L. cannot assume responsibility for the images that accompany the offers or promotions included in the portal, which in no case will be contractual.

However, the contents inserted and published are periodically reviewed to ensure the quality principles of THE MIND HUB COMPANY, S.L. as well as the standards indicated here.

If you notice any inappropriate content on the Website, please contact us through our Customer Service: hola@tmhsuite.com

USERS are solely responsible for obtaining any type of authorisation, permission or licence, if necessary, for the creation and publication of any content.

Any user who inserts content that contravenes current legislation will assume sole responsibility for the damages and consequences arising therefrom, exempting THE MIND HUB COMPANY, S.L. from any liability.

Responsibility and dissemination of USER content, data and/or information

The user expressly authorizes THE MIND HUB COMPANY, S.L. to disseminate the data related to the content provided to THE MIND HUB COMPANY, S.L. In particular, through these Terms of Use, THE MIND HUB COMPANY, S.L. is empowered to forward the data of the USER who makes a contact with a company of the Website to other related companies to ensure that the USER receives a quality service. Also, the USERS authorize THE MIND HUB COMPANY, S.L. to use the content and images provided to the Website on social media in which THE MIND HUB COMPANY, S.L. participates, linking them to the Website.

The user expressly authorizes THE MIND HUB COMPANY, S.L. to modify some content in order to respect the graphic design of the Website or other communication media used on the platform of THE MIND HUB COMPANY, S.L. These rights or license to use are granted worldwide and during the legal term of protection of the rights of the user.

THE MIND HUB COMPANY, S.L. has no obligation to control and does not control the use that the USERS make of the service and, therefore, does not guarantee that the USERS use the same in accordance with the provisions of the Conditions, nor that they make diligent and / or prudent use of them.

Also, THE MIND HUB COMPANY, S.L. has no obligation to verify or not the identity of the USERS, nor the veracity, validity, completeness and / or authenticity of the data that USERS provide about themselves.

Without prejudice to the foregoing, THE MIND HUB COMPANY, S.L. reserves the right to limit, in whole or in part, access to services to certain USERS, and to cancel, suspend, block or delete certain types of content through the use of technological tools suitable for this purpose, if it has actual knowledge that the activity or information stored is illegal or that it harms property or rights of a third party. In this sense, THE MIND HUB COMPANY, S.L. may establish the necessary filters in order to avoid illegal or harmful content entering the network.

Conditions of acceptance of Client files

The Website will only accept files:

From registered psychologists

Include the name of the professional

The Website will not accept files that contain:

The word psychologist or derivatives

The name of the service or the town

Disclaimer of warranties and liability

Except in the cases expressly described in the General Conditions of Use and the rest of the regulatory framework of the Website, THE MIND HUB COMPANY, S.L. is not responsible for damages of any kind that may be due to lack of accuracy, completeness, timeliness, as well as errors or omissions that may suffer the information and services contained in this Website or other content that can be accessed through it and assumes no duty or commitment to verify or monitor its contents and information.

Also, THE MIND HUB COMPANY, SL does not guarantee the availability, continuity or infallibility of the operation of the Website, and therefore excludes, to the maximum extent permitted by law, any liability for damages of any kind that may be due to lack of availability or continuity of operation of the Website and the services provided therein, as well as errors in access to the various web pages or those from which, where appropriate, such services are provided.

THE MIND HUB COMPANY, S.L. excludes any liability for damages of any kind that may be due to the services provided by third parties through this Website as well as the means that they provide to manage service requests, and specifically, by way of example and not limitation: for acts of unfair competition and unlawful advertising as a result of the provision of services by third parties through the Website, as well as the lack of truthfulness, accuracy, completeness, vices, defects, relevance and/or timeliness of the content transmitted, disseminated, stored, received, obtained, made available or accessible through the services provided by third parties through this Website.

Also, THE MIND HUB COMPANY, S.L. will not be responsible for the opinions expressed by the USERS through the Website, the office, the opinions, the forum or other tools of participation or opinion, although it will use the means at its disposal to moderate to the extent of its possibilities the opinions expressed by users on the Website, in order to avoid infringement of third party rights.

Links to third-party sites

THE MIND HUB COMPANY, S.L. includes within its contents links to sites owned and / or managed by third parties in order to facilitate access to information available via the Internet.

THE MIND HUB COMPANY, S.L. assumes no liability for the existence of links between the contents of this site and content located outside the same or any other mention of external content to this site. Such links or mentions are for informational purposes only and in no case imply support, approval, marketing or any relationship between THE MIND HUB COMPANY, S.L. and persons or entities authors and / or managers of such content or owners of the sites where they are.

In compliance with current legislation, we make ourselves available to all users, authorities and security forces, through our user service: hola@tmhsuite.com, to actively collaborate in the removal or, where appropriate, blocking of all content that may affect or contravene national or international legislation, the rights of third parties or morality and public order included on this website. In the event that the user considers that there is any content on the website that could be susceptible to this classification, he/she is requested to notify it immediately.

Client's statement on published content

All information or content that the Client publishes in any of the portals of THE MIND HUB COMPANY, S.L. must be legal and truthful and not likely to violate the rights of third parties or current regulations. To this effect, the Client guarantees the authenticity of all information published on the Website.

The Customer is prohibited from posting content that may be considered harmful, threatening, unlawful, confidential, defamatory, libelous, abusive, harassing, obscene, indecent, fraudulent, violating the rights of confidentiality or publicity, hate speech or racist, ethnic or otherwise, that goes against or limits or hinders any individual in their use or enjoyment of the Site, or that may expose third parties or THE MIND HUB COMPANY, S.L. to any harm or liability of any kind.

The Customer must under no circumstances upload private information of third parties, including, but not limited to, images, postal address, telephone number, e-mail address, among others. The Customer may only publish content that it owns or has permission or licence from the owner.

Terms and conditions of use of the tmhsuite.com Appointment Service

THE MIND HUB COMPANY, S.L. is not responsible for the suitability, usefulness, quality and / or effectiveness of the services offered by professional psychologists and / or psychotherapists through this website. The fact that a USER contracts a service from a professional psychologist and/or psychotherapist through this website does not mean that tmhsuite.com invites, endorses, recommends or promotes the contracting of said service.

If the USER does not attend the visit arranged through this website, the reservation will be forfeited.

THE MIND HUB COMPANY, S.L. is not responsible for any breach made by the psychological centres or independent professionals registered, whether contractual or extra-contractual, which could result in damages.

Terms and conditions of use of the calendar synchronisation service with Google Calendar

The use and transfer by tmhsuite.com to any other application of information received from the Google APIs will be in accordance with the Policy including limited use requirements.

Sponsor transparency

According to the principles included in Health On The Net (HONcode), we inform you that this website is sponsored by THE MIND HUB COMPANY SL. As an additional source of funding, Google Adsense services are used, without any transfer of personal data by the inclusion of advertisements through these services.

Newsletter and electronic commercial communications

Subscription to the services provided from the Website implies subscription by the USER to the electronic newsletter and digital push that may be created, which includes the most relevant news and novelties of the Website. In this sense, the USER consents to and accepts the receipt of the same. If the USER does not wish to receive any more emails from the Website, they may unsubscribe by clicking on the link included in the footer of these emails.

Intellectual and industrial property rights

Copyright © [2007-2020] THE MIND HUB COMPANY, S.L - All rights reserved. All rights of exploitation are reserved.

This Website is governed by Spanish law and is protected by national and international intellectual and industrial property laws.

All content displayed on the Website and, in particular, articles, databases, commercial studies, designs, text, graphics, logos, icons, language code, software, trade names, trademarks, industrial designs or any other signs susceptible of industrial and/or commercial use, are subject to industrial and intellectual property rights of THE MIND HUB COMPANY, S.L. and/or third party owners who have duly authorized their inclusion on the Website.

Any reproduction, transmission, adaptation, translation, modification, communication to the public, or any other exploitation of all or part of the content of this site, made in any form or by any means, electronic, mechanical or otherwise, are strictly prohibited unless prior written permission of THE MIND HUB COMPANY, S.L. or third party owners. Any infringement of these rights may give rise to appropriate civil or criminal prosecution in civil or criminal proceedings.

THE MIND HUB COMPANY, S.L. does not grant any license or authorization of use of any kind on their intellectual property rights or any other property or right related to the Website, services or contents thereof.

The USER authorizes THE MIND HUB COMPANY, S.L. to use their logos, trademarks and content provided to the Website for the provision of contracted services. In particular, authorizes THE MIND HUB COMPANY, S.L. to use such logos, trademarks and content in all sections of the Website and in those social networks where THE MIND HUB COMPANY, S.L. has a presence, always quoting the origin of the same.

The USER expressly states that all content provided to THE MIND HUB COMPANY, S.L. does not infringe in any way industrial or intellectual property rights, or any other kind, of third parties, expressly exonerating THE MIND HUB COMPANY, S.L. with respect to any claim related to this area made by any third party and assuming full responsibility for these facts.

The legitimacy of the intellectual or industrial property rights corresponding to the content provided by USERS is the sole responsibility of the USER.

In order to preserve the possible rights of intellectual property, in the event that any USER or third party considers that there has been a violation of their legitimate rights by the introduction of certain content on the Website, you must notify this circumstance, in writing, to THE MIND HUB COMPANY, SL. , Calle Aragón, 264 Ático, 08007, Barcelona (Spain), indicating:

Personal data identifying the interested party who is the holder of the allegedly infringed rights. If the complaint is submitted by a third party other than the data subject, they shall indicate the capacity in which they are acting.

Indication of the contents protected by intellectual property rights and their location on the website.

Proof of the existence, ownership and validity of the aforementioned intellectual property rights.

Express declaration in which the interested party accepts responsibility for the veracity of the data and information provided in the notification referred to in this point.

DATA PROTECTION - TMH DATA PROCESSOR.

THE MIND HUB COMPANY, S.L. acts in this case as a Data Processor providing the appointment management service to the data controller (professional) and providing service through the software (Saas) having access to identification and health data given the maintenance, management and control of these services.

As for the obligations and rights of the Data Processor as established in the current regulations on Protection of Personal Data, the Data Processor, in this case THE MIND HUB COMPANY, SL signs a contract with the Controller (user) that regulates the use and access of information necessary to provide the service. In summary of the obligations we have as Data Processors, THE MIND HUB COMPANY, S.L. undertakes to:

- To process personal data only on the instructions of the data controller.

- Ensure that persons authorised to process personal data have undertaken to respect confidentiality or are subject to a confidentiality obligation of a statutory nature.

- Take all appropriate technical and organisational measures to ensure a level of security appropriate to the risk of the processing.

- Respect the conditions for resorting to another Data Processor, as established in the regulations in force on the Protection of Personal Data.

- To assist the controller, taking into account the nature of the processing, through appropriate technical and organisational measures, where possible, in order to enable the controller to fulfil its obligation to respond to requests for the exercise of data subjects' rights.

- Assist the controller in ensuring compliance with his or her obligations, taking into account the nature of the processing and the information available to him or her.

- At the choice of the controller, delete or return all personal data upon termination of the provision of processing services, and delete existing copies unless the retention of personal data is required by Union or Member State law.

- Process the personal data made available to the Processor in a manner that ensures that the personnel in charge of the Processor follows the instructions of the Controller.

- Ensure that the Data Protection Officer or, failing that, the Privacy Officer is involved in an appropriate and timely manner in all matters relating to the protection of personal data.

- Keep a record of processing activities in case of processing of personal data which presents a risk to the rights and freedoms of the data subject and/or on a non-occasional basis, or which involves the processing of special categories of data and/or data relating to convictions and offences.

- Inform the Controller of any exercise of rights established in the regulations in force on Personal Data Protection of which they are aware.

- The Processor shall not use another processor without the prior written authorisation, specific or general, of the Controller. In the latter case, the processor shall inform the Controller of any intended changes in the addition or replacement of other processors, thereby giving the Controller the opportunity to object to such changes.

- In the event of a breach of security of personal data, the Data Controller shall notify the competent Supervisory Authority without undue delay, within 72 hours after the breach has taken place.

- The termination, resolution or extinction of the contractual relationship for the provision of services between the Controller and the Processor shall oblige the latter to keep the personal data provided by the former, provided that there is a legal obligation to keep them.

Duration of service

The provision of services through the tmhsuite.com website is, in principle, for an indefinite period of time. However, THE MIND HUB COMPANY SL is authorized to terminate or suspend in whole or in part the aforementioned provision of services, without prejudice to the commitments specifically assumed in the particular conditions of employment.

Cancellation

Any USER can cancel their registration at any time by contacting our Customer Service: hola@tmhsuite.com

In the specific contracting conditions, the costs to be borne by the CUSTOMER in the event of cancellation of the contract shall be duly determined. The aforementioned cancellation does not oblige in any case THE MIND HUB COMPANY SL to warn of the same or previously or subsequently to the USERS of the website.

Assignment of Rights

No USER may transfer, in whole or in part, the relationship arising from the provision of services offered on tmhsuite.com, unless there is a prior express written permission of THE MIND HUB COMPANY SL.

THE MIND HUB COMPANY may transfer the contractual relationship assumed with the USERS, in whole or in part, without prior authorization from the USERS or prior communication to them, which will entail the possibility of transferring to this third party the corresponding personal data for the fulfilment of the contractual relations of the third party subrogated.

Out-of-court settlement of disputes

In compliance with the provisions of Regulation 524/203 of the European Parliament and of the Council of 21 May 2013, as of 15 February 2016, the User has at their disposal the possibility of raising any dispute or extrajudicial claim thereof, which they consider generated by virtue of our platform or the services provided online, through the alternative mechanism for consumers and traders found through the following link: http://ec.europa.eu/consumers/odr/

Applicable Law and Jurisdiction

These General Conditions of Use and the rest of the legal conditions of the Website shall be governed by Spanish law.

For any questions that may arise or actions arising from the provision of services and content THE MIND HUB COMPANY, SL and the interpretation, application, enforcement or breach of the provisions herein, THE MIND HUB COMPANY, SL and the USER, expressly waiving any other jurisdiction that may apply, are subject to the jurisdiction of the Courts and Tribunals of Barcelona, Spain. This disclaimer shall not apply to USERS understood as end consumers in which case the jurisdiction determined by the legislation in force shall apply.

Company name

THE MIND HUB COMPANY, S.L.

Owner of the website tmhsuite.com

Address Calle Aragón, 264 Ático,

08007, Barcelona (Spain)

N.I.F. (Spanish Tax Number) : B-67457259 Registered in the Mercantile Register of Barcelona, T. 46988, F.105, H. B 537397.

Registration date 23/07/2019