Mobile World Capital Barcelona Foundation (“MWCB“) is a Spanish public foundation, with registered offices in Barcelona, at Roc Boronat, 117, 08018 Barcelona (Spain), registered at the Registre de Fundacions of the Generalitat de Catalunya with number 2.717, and with tax identification number G65.760.431.
MWCB tries to develop through the Mobile World Capital Barcelona (and all its related events) a new industrial sector around mobility and transform Barcelona into the world´s leading mobile city with high value-added services and technology clusters. Through our website www.mobilehealthglobal.com(“Website“) we make accessible to the public news, information and events organized by MWCB related to mobility and health (“mHealth Project“).
By using this Website and the services herein provided, you agree to comply with and to be bound by the following terms of use (“Terms“). Please read them carefully.
1. Acceptance of the terms
- By using our Website you get a user status (“User“). To be a User involves the total acceptance without waiver of all the policies published on the Website and/or contained and/or referenced in this Terms before accessing the Website and using its contents or tools. Additionally, you agree to use this Website in compliance with any applicable law and code of conduct. If you do not agree to this Terms, please do not use this Website. Only to the extent that you fully comply with the Terms you are authorized to use the Website.
- Accessing and using the Website is exclusively the responsibility of the User in the terms established in these Terms.
2. Accessing and using the Website. Password use
- In order to have access to the mHealth Website Community you will need to become a member by registering following the instructions published in the Website. You will need to obtain a valid username and password and to fill the form for membership registration including all mandatory fields in order to be able to enter the mHealth Website Community.
- We are not responsible for the use that you could make of your username and password. It is your responsibility to properly safeguard the username and password chosen for your access as a registered user, preventing the misuse or unauthorized access by third parties to your registered user account. In case of loss or suspected loss of your password, you must replace it with a new one as soon as possible or notify us so that we can take appropriate action.
- In relation to the registration and to maintain the security of the User’s account, by accepting these Terms, the User agrees that he will:
- Not provide false personal data or create accounts for other persons without their consent.
- Not create more than one personal account.
- If MWCB disables a user’s account, not create another account without MWCB’s consent.
- Keep the contact information correct and up to date.
- Not share his password or let any other person log into his account and not carry out any actions which may endanger the security of the account.
- Not transfer the account to any persons without MWCB’s written consent.
- Agree, that if he chooses a user name or identification which is similar to another person for his account, MWCB is reserved the right to eliminate and claim it when it considers this necessary (e.g. in the case that the owner of a trademark makes a complaint regarding a user’s name which is not closely related to the User’s real name).
3. Legal age
The Website is not designed for persons under 14 years of age and, consequently, such persons should abstain from providing and downloading any content or tool included and using it. MWCB generally recommends that the Website is for the use of persons over 18 years of age and is reserved the right to verify the age of Users.
4. Description of the SERVICES and content of the website
- Services included in the website
The Website provides general information on the mHCC of MWCB, its press coverage, recent news, current noteworthy publications and studies, questionnaires, researches, relevant international opinions and abstracts of most relevant reports on mHealth matters, a catalogue bringing together a variety of mHealth apps, solutions and projects worldwide and will include a showroom of solutions and innovations.
- Services included in the mHealth Website Community
- Applications’ repository: The Website provides a repository of health-related applications, with a brief factual description of their functionality and categorized by pathology and area of interest, with informative technical details where links are enabled to allow downloading of the applications. In all cases, these applications are available on the market and have previously been recognized or certified by official agencies. The Applications exhibited in the repository may be included on its own initiative by MWCB or as a suggestion from the User.The referred applications, descriptions, and technical information, are merely for informative purposes. MWCB is not the owner of the aforementioned applications, neither exists any type of relationship between MWCB and people or companies which own the applications suggested in the Applications’ repository.
- Newsletter: The Website allows you to register to receive a periodic newsletter on mHealth matters.
- Showroom: A showroom on solutions and innovations will be activated within the Website.
- Contents of the Website
MWCB may include in the Website, without limitation, information and links for the downloading of the referred applications, technical information, comments, images, videos and other contents in the relevant sections (hereinafter, the “Contents“).
5. Changes to the Website
MWCB is expressly reserved the right to make any changes to these Terms and the Website and it is your responsibility to check their content. Any changes which are made will be notified to any persons who log into the Website. The User acknowledges and accepts that he is responsible for reviewing these Terms. By continuing to use the Website following such changes, he will be acknowledging the changes to the Terms and will be bound by the new Terms. In case of disparity between prior versions of the Terms and their updated versions, the latter shall prevail. Furthermore, from time to time, we may restrict access to some parts of our site, or our entire site, including Users who have registered with us and other members.
6. Correct use of the Website and restrictions of use
- The User will use the Website and its Contents and services in accordance with law, these Terms, good manners and public order. The User may not use the Website and its Contents and services for unlawful purposes or purposes deemed contrary to the contents of the Terms or damaging to third-party interests or rights, or when the Website, its Contents or services may be damaged, disabled or made inaccessible or other users may be prevented from using the Website in a normal manner.
- In addition, the User expressly agrees that he will not destroy, alter, disable or, in any other manner, damage the data, programs or electronic documents in the Website.
- The User will not prevent other users from having access to the Website by consuming a massive amount of computer resources by means of which MWCB provides the service or by carrying out any actions which damage, interrupt or cause errors to such service.6.4. The User will not put any programs, viruses, macros, applets, Active X controls or other logical devices or sequences of characters on the Website which cause or may cause any alteration to the computer systems of MWCB or third parties.
- Particularly, the User is not entitled and should not use the Website: (i) for the posting, uploading, emailing or other transmission of any illegal, abusive, defamatory or obscene material which would harass, distress or cause inconvenience to any person and/or would infringe his rights or inhibit his use and enjoyment of the Website; (ii) for the posting, uploading, emailing or other transmission of any unsolicited or unauthorized advertising, promotion, material, “junk mail”, “spam”, “chain letter”, “pyramid scheme”, or any other form of solicitation or commercial exploitation; (iii) to create a database electronic or otherwise including material downloaded or otherwise obtained from the Website; (iv) to transmit or re-circulate any material obtained from the Website to any third party, without accomplishing with the Terms published on the Website; (v) to obtain or attempt to obtain materials, documents or information from the Website through any means not purposely made available in the Website through automatic devices such as “deep-links”, “page-scraps”, “robots”, “spiders” or any similar means; (vi) to access, copy or monitor any portion of the Website, or in any way reproduce or circumvent the navigational structure of the Website or any Contents; (vii) to upload or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, restrict, destroy, limit the functionality of or compromise the integrity of any computer software or hardware or telecommunications equipment by any means. We reserve the right to bar any such activity or material; or (viii) to use any portion of the Website, by any means, to link to an internal or subsidiary page of the Website that is placed one or several levels down form the home page (deep linking) or to present Content of the Website within another website (framing).
7. Informative purpose and advice given
MWCB does not perform diagnosis, or provide any medical advice or treatment. Advice provided through the Website by means of the suggested Contents, and especially through the applications or information included in the Applications repository, mainly provides information and general guidance and does not substitute a diagnosis and/ or treatment of your doctor or specialist. Please consult your doctor or specialist before making any treatment, especially if you have health problems. MWCB will not be responsible for the employment that Users make of any of the Contents or services provided by the Website.
8. Contents disclaimer
- In addition to the services and Contents offered by MWCB, it is also offered to the Users the possibility of introducing, comments, images, videos and other contents in the relevant sections, as well as suggesting and/or providing applications (hereinafter the “User’s Contents”). The publication of the User’s Contents is subject to the present Terms.
- In case the User provides any applications, MWCB will hold the right to carry out a previous control in order to determine its accuracy with the purposes sought and the contents located in the Website
- We maintain this Website to enhance public access to information, news and events relating the mHealth Project. Our goal is to keep all the Contents and services of the Website timely and accurate. If errors on the Contents of the Website are brought to our attention, we will try to correct them as speedily as possible. However, we accept no responsibility or liability whatsoever with regards to the exactness of the Contents published on the Website.
- MWCB shall not be responsible for the applications, descriptions and technical information displayed in the Applications’ repository. In particular, MWCB does not guarantee the availability and functioning of the referred applications, and shall not be held liable for the Users’ usage of the applications suggested in the Applications’ repository, since MWCB has no control over them and is not providing any representation or warranty from the owners vis-à-vis the User.
- We reserve the right to actualize or delete any User’s Contents of the Website, as well as limit or deny the access to any User either temporally or permanently. Notwithstanding the above, this disclaimer is not intended to limit our liability in contravention of any requirements laid down in applicable national law or to exclude our liability for matters which may not be excluded under that law.
- The person identified in each case as the provider of the User’s Contents is responsible for them. The aforementioned User’s Contents do not reflect the opinion of MWCB, neither MWCB will make any statements in this regard.
- MWCB shall not be responsible, with the exception of those terms where they are obliged under the Law; of errors, inaccuracy or irregularities contained in the User’s Contents, as well as of those damages and liabilities which may incur due to the incorporation of the User’s Contents in the sections enabled for these type of services. Similarly, MWCB reserves the right to correct as necessary in accordance with their own criteria, typographical errors which may be contained in the User’s Contents supplied by the users.
- The Users accept and expressly consent with their participation in the Website, that the published User’s Contents will be shared with other users.
- Additionally, MWCB reserves the right to remove unilaterally the User’s Contents submitted in any of the sections of the Website, when there are indications that the User’s Contents infringe any legal disposition, violate the rights of third parties, are considered harmful or are used for commercial purposes (spam), also when MWCB consider it appropriate.
- MWCB shall not be responsible for the User’s Contents sent as far as they do not have an actual knowledge that the information hosted is illicit or it violates the rights of any third parties subject to compensation. The moment MWCB has an actual knowledge that they host the abovementioned information; it will compromise to act diligently to remove or make it impossible the access to this data.
- In any case, to interpose any claim related with the User’s Contents included in any of the sections, you can address the following email- address: info@mobilehealthglobal.com.
9. Intellectual and industrial property rights
- All the Contents published in the Website by MWCB, including without limitation copyrights, rights similar or related to copyrights or to the sui generis right over data bases, patents, utility models, industrial designs, graphics, source code, texts, pictures, photographs, trademarks, trade names, logos, slogans, domain names, social profiles, interfaces, software or applications music and/or audiovisual works, trade secrets and know-how, whether registered, applied for or not registered Contents, are owned or licensed by MWCB, or MWCB has the proper authorization for its display, and are protected by all applicable industrial and intellectual property law, including unfair competition laws.
- Unless otherwise specified in this clause, Users are not allowed, by any means, to reproduce, distribute, transform or communicate the Contents to the public.
- You may access to the Website but you are not authorized to reproduce, distribute, transform or communicate the Contents to the Public. Specifically, you are not authorized to publish the Content for any commercial purpose or for redistribution or dissemination, regardless the media, beyond the accepted limits conferred by the rights to information and/or freedom of speech.
- When using Contents for a non-commercial purpose, such use must be done under the following conditions:
- Contents must be used in a way that do not suggest any kind of sponsorship or support by or association with MWCB. In this sense, Contents cannot be used in any place as main component or in a predominant manner.
- Contents must be used in their original format, without being modified. Any change of the appearance of the Contents is prohibited.
- You agree not to include Contents on websites or other places related with pornography, gambling, illegal activities or any other activity capable of negatively affecting MWCB reputation.
- If you upload or otherwise submit User’s Contents to MWCB or the Website, you agree to grant MWCB a non-exclusive, royalty-free, transferable, sub-licensable worldwide license, for an unlimited time over the User’s Contents you upload in order to reproduce, distribute, transform and communicate such Content to the public through the Website and/or any media formats and channels.
- By uploading User’s Contents to the Website, you declare that you are the sole owner of the rights over the User’s Contents or, in the event, guarantees to dispose the rights and required authorizations from the author or owner for the use by MWCB. You assume sole and full responsibility for any possible claim by third parties in relation to the User’s Contents you uploaded in the Website. Therefore, you agree at all times to indemnify, defend and hold MWCB harmless from and against any and all claims, damages, liabilities, costs and expenses, including reasonable attorney’s fees, for the breach of this obligation.
- MWCB does not accept or consider any unsolicited idea, original creative work, suggestions or other work, including ideas for new advertising, campaigns, new promotions, new or improved products or technologies, processes, materials, marketing plans or new product names, among others, sent to MWCB or its employees through the Website, per e-mail or by any other means. The aim of these general Terms is only to avoid potential misunderstandings or disputes when MWCB products or marketing strategies seem similar to submitted ideas. We will automatically destroy without previous access any unsolicited material sent to MWCB.
- You cannot publish any User’s Contents infringing any applicable law regarding the production, distribution, advertising and/or use of medical products for human use. By way of illustration only, and not by way of limitation, you cannot publish any content advertising directly or indirectly medicinal products, including specifically those which are available only on medical prescription.
- Additionally, the inclusion of minors in the User’s Contents is strictly prohibited.
- MWCB shall not be liable, apart from the terms obliged by the Law, of those damages and liabilities caused by the use, reproduction, distribution, public communication of any other activity carried out in the User’s Contents subject to protection by the intellectual property rights held by third parties, when the User may not have previously obtained the required authorisation to carry out the use.
10. Policy on hypertext links
- The Website may provide links to independent and external third parties’ websites (“Third Parties’ Websites“). MWCB includes these links to give Users the opportunity to access other websites that may be of their interest or to download the applications included in the Application Repository.
- Third Parties’ Websites are out of our control and therefore MWCB will not be liable in any way for any contents, applications, commercial activities, products or services which may be visualized or downloaded by means of electronic links which appear, directly or indirectly, when using the Website.
- Unless otherwise stated, any electronic links which appear in the Website are merely for informative purposes and are not, in any way, a suggestion, invitation or recommendation of such links. They do not represent any type of relationship between MWCB and the persons or companies which own the websites which are accessed via these links. MWCB is reserved the right to remove the links unilaterally and at any moment when they appear in the Website.
- In particular, MWCB does not guarantee the availability and functioning of the referred links through which User may download the corresponding applications.
- In addition, third parties who intend to include in a website a hypertext link to the Website must necessarily obtain the prior, express written consent of MWCB. In the course of introducing a link to the Website, the link only will be for its use on the Website and on the Website’s homepage, and not for other purposes. In particular, you may not reproduce it in any form and, if contents outside of the Website are displayed, the other content may not mislead, confuse or deceive Users about the origin of the contents of Website, or constitute an act of unfair comparison or imitation or use of MWCB’s reputation.
11. Exemption of liability for the malfunctioning of the network
- MWCB does not guarantee that the Contents of the Website or the links through which the applications may be downloaded by Users (as defined above) will be available or functioning in the Website or through the Service.
- MWCB shall not be held liable in case of malfunctioning of the electronic communications networks which prevent the normal development of the Website caused by events beyond MWCB control and in particular due to malicious acts carried out by third parties.
- In addition, MWCB shall not be responsible for problems due to the transfer or loss of data that cannot be directly attributed to it.
12. Blogging rules
- By participating in the Blog platform of the Website or when posting comments in the Website by whatever means (hereinafter the “Blog“), you will be responsible for the messages posted. Thus, MWCB is not responsible for any claims that may arise in connection with the comments you could have posted through the Website.
- MWCB has the right but is not obliged to publish your comments in the blog. Moreover, MWCB reserves the right not to publish or to remove comments which:
- Are defamatory, libelous, false, misleading, unfounded or unproved; insulting, threatening or abusive, obscene, sexually explicit, racist, offensive, provocative, sexist, homophobic or discriminatory or otherwise objectionable. These include words with asterisks replacing some of its letters. When publishing your comments please be aware of the international nature of this Blog and try to avoid language and contents that may be misunderstood by or offensive to other cultures.
- Are not considered related with the Blog topic and the discussions followed therein.
- Include contact and or personal details such as phone numbers, postal and e-mail addresses, bank accounts, etc.
- Promote products and/or services and/or have any other commercial purpose including, specifically, the direct or indirect promotion of medical products for human use.
- May be considered to be the use of electronic messaging systems to send unsolicited bulk messages (“spam”).
- Include information that infringes any applicable laws regarding the advertising to the general public of medicinal products for human use, including, by way of illustration only, and not by way of limitation, the Directive 2001/83/CE of the European Parliament and of the Council of 6 November 2024 on the Community code relating to medicinal products for human use, and the Regulation No. 726/2004 (EC) of the European Parliament and of the Council of 31 March 2024 laying down Community procedures for the authorization and supervision of medicinal products for human and veterinary use and establishing a European Medicines Agency.
- Are somehow unlawful and/or condone or encourage unlawful activities, or do not fully comply with the Terms.
- Directly or indirectly infringe Third Parties’ rights, including the breach of industrial and intellectual property rights, industrial secrets, advertising laws and codes of conduct, know-how and/or the rights to privacy and publicity.
- Pretend to be published by someone different from the User.
- Are written in any language different from English and Spanish.
- Include links to other websites and/or come from a user name whose content violates this Blogging rules and/or any other Terms related to the Blog or the Website.
- Posting personal or offensive comments about the MWCB and/or MWCB’s employees and/or representatives may be considered harassment. MWCB reserves the right to refuse publication or to remove comments and, when applicable, to bring legal actions against those directly or indirectly responsible for the comments.
- Please consider that MWCB is not aware and thereof is not responsible for any content posted by Third Parties. However, if you consider that a post does not comply with this Terms or any other applicable law, regulation or code of conduct, we will be grateful if you email us at info@mobileworldcapital.com. If the post is considered to be unlawful in connection with any applicable law, regulation and/or code or conduct, or with this Terms MWCB reserves the right to remove it.
- MWCB reserves the right to suspend a User account, at any time and at its sole discretion if MWCB considers that the User is violating this Terms, the spirit of the Website, the MWCB, the mHealth Project or any applicable law or code of conduct.
13. Disclaimers
- The contents may contain inaccuracies and typographical errors. We do not warrant the accuracy or completeness of the contents.
- Mwcb is not obliged by any means to run the website or to provide the contents and services hosted in the website. Both, the hosting of the website and the provision of contents and services may be cancelled, suspended or temporarily suspended at any time without previous notice. Mwcb does not warrant either the website or the contents to be free of errors, defects, virus, or to be provided without interruptions. Mwcb does not assume any responsibility for any direct or indirect damages you may suffer as a result of the suspension or cancellation of the website and/or the deletion of its content, in whole or in part.
- The contents of the website are of a general informative character and therefore, may be insufficient for you to reach a personal or business decision. Mwcb is under no obligation to prove the veracity, accuracy, suitability, completeness and currency of the contents. You agree that the use of the website and/or the contents and use of services is at your sole risk and that the website is provided to users on an “as-available” basis. Therefore, mwcb makes no warranty of any kind, express or implied, as to the website, including, but not limited to, merchantability, non-infringement or fitness for a particular use or purpose. To the extent permitted by applicable law, mwcb does not assume any liability for the decisions you reach through the information provided on the website nor about the direct or indirect damages you may suffer as a result of actions based on the website, the contents or the services.
- Information is provided on the website by way of guidance only. Mwcb therefore disclaims all liability and responsibility arising from any reliance placed on such information to the fullest extent permissible by local law. Mwcb is intended to provide general information only and, as such, should not be considered as a substitute for advice covering any specific situation. Users should seek appropriate advice before taking or refraining from taking any action in reliance on any information or contents contained or suggested in the website. So far as permissible by law mwcb does not accept any liability to any person relating to the use of any such information or contents.
- Contents and services are in no way to be considered or used as a replacement for professional medical advice.
- Mwcb does not assume any responsibility about the damages caused to your hardware, software, and/or data by any virus or any other malicious content and/or software. It is your sole responsibility to install on your computer the necessary tools to detect and avoid any damage to your computer, hardware, software and/or data.
- Under no circumstances shall mwcb be liable to users for any direct or indirect damages (including incidental, consequential, special, punitive or exemplary damages when admitted by applicable law) arising from the use of the website or the content or the inability to use the website or the content, including without limitation loss of revenue or business. Some jurisdictions do not allow limitations of liability so this limitation will be applicable to you only to the extent permitted by applicable law.
14. Jursidiction and governing law
Any disputes which may arise between MWCB and the User in relation to the interpretation, compliance and validity of the Terms will be regulated by the present Terms and, for any matters which are not established in the Terms, the parties expressly submit themselves to the jurisdiction of the Courts and Tribunals corresponding to the applicable rules on the jurisdiction in which they serve. Notwithstanding the above, in the case of final consumers, the parties will submit themselves to the Courts and Tribunals of the User’s domicile.