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TERMS OF SERVICE

Last update: May 9, 2022

Welcome to the website and our online store www.omgyno.com managed by the company under the name “omgyno IKE” (hereinafter “the Company” or “us”) based in Greece, at 33 Pyladou Street, 11853, Athens, with Tax Identification Number 801532563, GEMI number 158634301000 and contact phone +30 21 1418 5125.

It is explicitly declared that in the event of inconsistency or discrepancy between the Greek version and any of the other linguistic versions of all legal Terms of Use,Privacy Policy and Cookie Settings the Greek language version shall prevail. 

Field of application

Please read OMGYNO Terms of Use, Privacy Policy and Cookie Settings carefully (hereinafter referred to as “the Terms”). The Terms apply to the OMGYNO website located and accessed at www.omgyno.com  and its affiliated websites (hereinafter referred to as “the Website”), including any material, function and / or service provided through the Website to all users, registered or not (website visitors), hereinafter referred to as “Visitor” or “User”.

Any User or Visitor that accesses and/or uses any of the Services of the Website consents and unconditionally accepts the terms expressed herein, without exception.

BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, PLEASE DO NOT USE THE WEBSITE AND ANY OF ITS SERVICES.

Each User or Visitor uses this website at their own responsibility, the content posted at the Website is intended to inform the public in a general and comprehensive manner and in no way replaces the specialized medical or other knowledge and care that the User or Visitor may require. Under no circumstances is the Website providing direct or indirect advice or prompting Users and/or Visitors to take any action and is in no way responsible/liable for any actions taken by the Users and/or Visitors.

The use of OMGYNO is subject to these Terms, as applied at any given time, which constitute the agreement between OMGYNO and the Website User or Visitor. OMGYNO reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility as a User or Visitor to check these Terms of Use periodically for changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the changes. 

By accessing the Website, you expressly declare that you are over 18 years of age, that you have the contractual capacity to enter into legal agreements (such as sales’ agreements), you have read, understood and you unconditionally accept the OMGYNO Terms.

OMGYNO INTERNET SERVICES

OMGYNO operates and manages this innovative Website and offers to its Users and Visitors informative content and online services to promote and support women’s sexual health and gynecological care. OMGYNO is responsible for the brokerage of medical services and products through its Website. It provides online services, as indicative but not restrictive: HomeTest, Telehealth, Online Store (Femshop) and OMGuide (hereinafter the “Services”) and  various informative content about gynecological and feminist issues of various subjects or mediums (eg photos, texts, graphs) posted regularly on the Website, (hereinafter “the Material”). OMGYNO provides its Users and / or Visitors with the opportunity to register a User account and make online consulting medical appointments with gynecologists and other health professionals they can choose from the network of collaborating health professionals whose profiles are posted on the Website. Through the online store (Femshop), OMGYNO provides its Users and / or Visitors a wide range of gynecological care and sexual health products, as well as home test kits (home self-sampling tests), which we provide in collaboration with the Helix Lab Diagnostic Laboratory.

The Use of our Internet Services

By using any of the Services of our Website, you accept and undertake the following responsibilities:

  1. Use the Website only for legitimate purposes, to submit legitimate questions, Telehealth appointment requests or product orders.
  2. Not place false or fraudulent orders and appointment requests. If we reasonably consider that such an order has been submitted we have the right to cancel it and inform the competent authorities.
  3. Provide us with your correct and accurate email address and / or other contact details and / or address of delivery of orders.

You also agree that we may use this information to contact you if necessary. If you do not provide us with all the information we need, we will not be able to forward your Telehealth appointment or order request.

By requesting a Telehealth appointment or ordering a product through the Website, you declare that you are over 18 years old and that you have the legal capacity to enter into legal agreements.

Online Store (Femshop)

OMGYNO trades expendable and non-expendable healthcare and personal/gynecological hygiene products through its Website  e-shop and orders can be placed online or via phone call.

In the framework of the online store transactions, OMGYNO informs the User based on the availability or non-availability of the products. Under no circumstances can OMGYNO guarantee the availability of all products at all times, but in case of non-availability of a requested product, OMGYNO is responsible to inform the User in prompt manner but does not bear any further responsibility.

OMGYNO is not responsible for side effects or damage from the use of purchased products due to the User’s incorrect choice of products, careless or incorrect use of the products, or the manufacturer’s fault, such as manufacturing fault, incomplete information or instructions accompanying the products, quality of construction, safety of materials and defects. In the event of a defective product, OMGYNO’s liability is limited to the obligation to replace it, provided that the conditions of the Return Policy are met.

In good faith, OMGYNO is not responsible or liable for any errors or omissions in features, photos and product prices and can not rule out the possibility of incorrect entries for any reason during import and / or and updating of the features and / or price of a product. OMGYNO is responsible to correct any such omissions or errors, whenever they come to its knowledge.

The online store provides the content (information, names, illustrations, etc.), products and services through the website “exactly as they are”. Under no circumstances is OMGYNO liable for any claims of civil and / or criminal nature nor for any damage (positive, special or negative which, indicatively and not restrictively, divisively and / or cumulatively consists in loss of profits, data, lost profits, money satisfaction, etc.) that a User or Visitor of the online store or a third party may suffer, due to any reasons related to the operation or not and / or the use of the website and / or the inability to provide services and / or products and / or information available from this and / or from any unauthorized interventions of third parties in products and / or services and / or information.

The User’s purchased order is delivered through a collaborating transport Company (courier) and the User receives an electronic notification that the product is ready for shipment. The User will be informed by the transport Company about the delivery time. Shipping costs are borne by the User and are calculated based on her order at the time of submission, entering the delivery address details. OMGYNO is not responsible for any miscalculations of the shipping costs that are caused by the User’s failure to provide in full the correct shipping details.

Delivery Time

The delivery time of the products is determined in the order depending on the availability of the products and the address of delivery, which is confirmed by the acceptance of the order by OMGYNO.

Under any circumstances, OMGYNO is responsible to deliver the products no later than thirty (30) days from the purchase confirmation, otherwise and unless there is a written agreement for extension of time (via e-mail), the User is entitled to make unilateral cancellation of the order with a written statement by e-mail to OMGYNO. If the order is canceled and thus the sales contract is terminated, OMGYNO must return, without delay, all the money paid by the User, in full.

Payment Methods

In order to complete the order of OMGYNO products, the User is obliged to pay the price in one of the following ways:

  1. Payment by Credit or Debit Card.

The online store accepts Visa, Mastercard credit cards. Your transactions are protected by security systems (SSL-128 bit and digital authentication). During the process of purchasing a product, the system automatically leads you to a secure encrypted environment (redirection) of the bank with which we work, where you are asked to provide your credit or debit card number, and when your transaction is completed, you return to our electronic store.

  1. Payment via Paypal.

You can use your Paypal account to pay for your order. The use of Paypal is regulated by the terms and conditions provided by it for the creation and use of its account. Please find out about the terms through the Paypal website.

Telehealth

OMGYNO provides teleconferencing services over a wireless network, sells advertising space or time on its Website with or without pay, and acts as an intermediary to provide its clients with other services that require medical, consulting, scientific, technical or other services. 

Specialized knowledge

Through the Telehealth service, OMGYNO provides its Users with access to the professional profile (CVs, medical services provided, availability, cost of services) of their healthcare associates and through the creation of an account, provides the possibility of scheduling consulting medical services in distance (online) with the doctor or health professional of their choice. To create an account, OMGYNO Users are required to fill in and submit their details in the relevant online registration form, accepting the Terms of Use and the Privacy Policy respectively.

With the service of Telehealth, OMGYNO provides the possibility for women to have access to complementary medical care, which in no way replaces the conventional medicine and the in-person physical medical examination. The Telehealth service operates with the sole purpose of providing additional support to Users through their communication with doctors and health professionals from the comfort of their home environment and in no case is it recommended in cases of emergency or cases that require immediate medical attention or examination.

In order to schedule the distance medical consultation (telehealth session), the User selects from the Website form the doctor / health professional of her choice, the date and time she prefers. The user is led to a secure online environment for the payment of the amount of the service she has chosen and upon completion of the payment, she receives an appointment request confirmation email and sms from OMGYNO. OMGYNO contacts the selected doctor / health professional and after confirming his / her availability, sends to the User a confirmation email of the day and time of the appointment chosen by the User. In case of non-availability of the doctor / health professional chosen by the User, OMGYNO sends the User an email of rejection and offers her an alternative date / time for the appointment, otherwise she returns the full amount she paid for the booking, no later than three working days.

In order for the scheduled telehealth session to take place, the User must have the necessary technical equipment (computer, microphone, webcam). OMGYNO provides the required secretarial and technical support (software) for scheduling distance medical consulting appointments (Telehealth Service), but is not responsible for problems related to its technical / doctor / health professional and the User (indicative: interruptions or delays during the video call due to poor internet connection, insufficient or incompatible equipment, etc.).

In case the scheduled telehealth session is canceled by the User up to 24 hours before the scheduled time, the User is not charged and the amount she has paid is refunded within 5 working days. If the scheduled telehealth session is canceled by the User in less than 24 hours before the appointment or the User does not show up for the appointment, OMGYNO charges half the cost of the selected service and returns the other half to the User within 5 working days . It is at the discretion of OMGYNO not to comply with this condition and to choose not to charge the User who did not show up or did not cancel the scheduled session in time.

OMGYNO manages every stage of the financial transaction related to the telehealth sessions between a doctor / health professional and the Users. Any additional financial transaction proposed by a doctor / health professional during the telehealth session is a violation of the contractual obligations of the doctor / health professional and does not create any additional financial obligation to the User, who is required to notify OMGYNO as soon as possible.

Home-Test (Home Gynecological Diagnostic Tests)

OMGYNO, in the context and for its purposes, mediates through its online store (eshop), in the sale of medical devices in accordance with the Principles and Guidelines of Good Practice for the Distribution of Medical devices. The medical devices are part of the packages of home gynecological diagnostic tests (Home Test), which are marketed by the company in collaboration with the Helix Biolab Diagnostic Laboratory (contact details: 21 0968 0064, 697 307 1353, 697 741 8928, Address: Angelou Metaxa 31, Glyfada, Attica 16674).

With the purchase of one of the home gynecological diagnostic tests (Home Test) available through its online store (eshop), OMGYNO mediates in order to a) send to the User of the service the package of medical devices corresponding to the home gynecological diagnostic test of choice and the self-sampling instructions, which are necessary for the self-sampling of the User as formulated and checked by the collaborating Diagnostic Laboratory, as well as to b) mediate in order for the test sample to be received from the space of the User by our cooperating courier company and delivered for analysis to the laboratory.

After the completion of the self-sampling (self-test), the User is obliged to inform OMGYNO without delay, in order to mediate for the timely sending of the sample to the Diagnostic Laboratory. To ensure the quality of the diagnostic analysis, the User is obliged to strictly adhere to the following protocol, in any other case, OMGYNO and its associates have absolutely no responsibility for any inability to provide a result or for any incorrect result. The protocol is as follows:

  1. the User is obliged to follow exactly the instructions for the correct and safe self-sampling that are enclosed in the package of the home gynecological diagnostic test that is sent to her. The User assumes all responsibility for any damage suffered by herself or any damage to the medical devices due to their misuse or non-compliance with the product instructions.
  2. the User is obliged after receiving the sample to immediately inform and in writing OMGYNO for the receipt of the sample, according to the contact information given to her during the purchase of the package (by mail or notification through the OMGYNO site or other form consumer statement on the date of the test).
  3. OMGYNO is obliged within 72 hours from the notice of the User to receive the sample through the cooperating courier company and no later than 72 hours from the receipt of the sample by the User to deliver the sample to the Diagnostic Laboratory.
  4. The samples are received from the consumer’s home and sent to the Diagnostic Laboratory for analysis by a courier company with which OMGYNO cooperates specifically for this purpose, and which follows the protocols of packaging, transport and delivery times of the samples.
  5. In order to confirm the time of collection of the sample from the User’s house by the courier company, the User is obliged to sign the receipt form that will be provided by the employee of the courier company. The same form will be signed by the employee of the Diagnostic laboratory upon receipt of the sample to be analyzed, to confirm the time of receipt.
  6. Following the issuance of results, the User receives the results via the e-mail address stated in the sample submission form, directly from the Diagnostic Laboratory, without the mediation of OMGYNO. The results are sent to the User no later than ten days after receiving the sample from the Diagnostic Laboratory.

Deadline for Using the Home Test Service

With the purchase of one of the home gynecological diagnostic tests (Home Test) available through the online store (eshop), the User receives the package with the appropriate medical devices for performing the self-sampling, as well as a partial receipt of service that corresponds to the amount of OMGYNO’s brokerage service. The service receipt of the remaining amount is sent to the User after the completion of the use of the analysis service and the receipt of the test results from the Diagnostic Laboratory, which issues the service receipt for the analysis of the sample and sends it directly to the User.

For reasons of quality assurance of the service and in compliance with the Principles and Guidelines of Good Practice for the Distribution of Medical Technological Products, the use of the Home Test service is possible strictly within two months from the date of purchase of the diagnostic test. After the expiration of the deadline for the use of the service, OMGYNO cannot guarantee the safety of the medical devices needed for the performance of the tests and which have a specific expiration date.

Under any circumstances, OMGYNO has absolutely no responsibility for any improper use, storage, contamination, etc. of the medical devices available to the User for the tests and due to energy or lack of compliance with the instructions for use and storage of products from the time of their delivery by OMGYNO until in the possession of the User.

In case the User finds upon receipt of the package of the home test gynecological diagnostic test damages or alterations in the packaging or the surface of the medical devices, she is obliged to inform OMGYNO in writing and OMGYNO is obliged to return them immediately to the User.

After the expiration of the deadline for the completion of the use of the Home Test service by the User, the service is considered complete and OMGYNO is not obliged to extend the time of use, refund or any further action.

OMGuide

OMGuide is the blog of the OMGYNO Website and its purpose is to provide content relevant to its purposes and function, such as indicative but not restrictive, gynecological issues, sexual health, feminism, self-care tips, promotional content of products and services, etc. The content of the Website, such as texts, graphics, images and information presented by its authors, as well as any other material included in the Website (“content”) is used for the sole purpose of informing the general public.

The Content is not intended to replace professional medical advice, diagnosis or treatment. OMGYNO explicitly urges you to always seek the advice of your specialist doctors or health professionals for everything related to your health and well-being. Never disregard medical advice or replace personalized medical care with information and general practices that you have collected because of an article you read on the Website.

If any OMGYNO Visitor / User relies on any information provided through the OMGuide blog or appears anywhere on the Website, this is at their own sole risk.

The Website may contain medical issues, sexual health issues, feminist practices, queer content, etc. In case you find these issues offensive, please refrain from using our Website.

MODIFICATION OF THE TERMS OF USE

OMGYNO reserves the right to modify the Terms of Use and any other rule that governs the use of the Website at its sole discretion, notifying each time of any modification with a relevant announcement on its Website. The Terms of Use will indicate the last date of their update.

The continued use of OMGYNO by the User / Visitor after such announcement constitutes acceptance of these changes.

The use of the Website is subject to the Terms of Use that apply at the time of use. The User / Visitor should periodically check the Terms of Use, in order to be informed about their content and is solely responsible for this information.

INTELLECTUAL AND INDUSTRIAL PROPERTY

Property Rights

The Website, including its software, is the intellectual and / or industrial property of “omgyno IKE” and is protected by the relevant provisions of Greek, EU and international law for the protection of intellectual and industrial property. Also, the composition of the content and the layout of its elements that each time contained on the Website belong exclusively to OMGYNO and are protected by the relevant provisions of Greek, EU and international law. The User is not provided with any property rights on the Website and the Material, except the user powers expressly provided in these Terms of Use.

OMGYNO expressly reserves the right to all intellectual property rights in each and every element of the Website, as well as on its own Material, such as, for example, intellectual property rights, industrial property rights to products or services, trademarks, insignia features etc.

Licensing – usage restrictions

Provided that the User complies with these Terms of Use and the Privacy Policy of the Website, OMGYNO grants her a limited, non-exclusive, non-transferable and non-assignable license to access, upload, display on its screen the Services and the Material and in general to use it for the purpose defined in these Terms of Use. In this regard, each User acknowledges and accepts that the Website and its Material are intended for personal use only and not for commercial use. Each User is entitled to “download” and / or to copy and / or store an individual part of the Service Material for its strictly personal use and not for commercial purposes, without deleting the indications of its origin and provided that protects any and all property rights of OMGYNO from any infringement. For any other purpose the above actions will be allowed only if they are done with the written consent of OMGYNO. Access to the Website or any of the above actions will in no way result in the creation of a right, title or legal interest in any part or all of the Website that has been “downloaded” and / or copied and / or saved.

Except as expressly permitted above, the Website and its Material may not be reproduced, copied, leased, sold, licensed, assigned, transferred, exported, transmitted, retransmitted or distributed in any way or in any way by any User, not to be the subject of a loan or to be granted by use. In no case can the Website be used for commercial purposes. Modification, adaptation, translation or any other modification of the Service and the Material and the creation of derivative works or improvements is expressly prohibited. Similarly, disassembly, reconstruction or otherwise attempting to obtain the source code of the Website, decommissioning is prohibited (except to the extent permitted by law).

Based on the above, the User undertakes not to create a derivative and content-based work of the Website, not to copy, reproduce, republish, “upload”, modify, transmit, sell or exploit in any way in whole or in part the Website , its related software or Hardware. Furthermore, it undertakes not to enter it as a link for direct access from another website to its internal information, not to copy its location to another server by creating an image and not to promise a right to a third party from the Website, without the explicit prior written consent of OMGYNO.

The use of the Website is prohibited in any illegal way, for any illegal purpose or in violation of applicable laws or regulations of the Greek law on intellectual property and related provisions of European and International Law.

APPLICABLE LAW AND JURISDICTION

These Terms of Use and any amendments thereto are governed by Greek Law. For any dispute that may arise from this agreement and which can not be resolved out of court, the competent courts of Athens are designated.

All rights and remedies under the Terms of Use are cumulative and do not preclude other rights and remedies provided by law or other agreement.

CONTACT

For any question or clarification related to the Website, Users can contact hello@omgyno.com