I. GENERAL TERMS AND CONDITIONS

1. Scope

  1. These terms and conditions (the „terms“) apply to the offerings made available by priaid AG as the priaid-platform (http://www.priaid.ch, www.priaid.com, www.mein-termin.ch, www.meinmedicus.ch; including all associated domains by priaid). In the event that you have your own terms and conditions and wish to apply them, we herewith object those, so that they may not apply. This may be subject to an explicit deviating terms in writing.

  2. Should the user act as a consumer (“user”, e.g. end-consumer, potential patient of a healthcare service), partly different terms apply as if the user acts as a corporate (“customer”, e.g. medical service-provider, healthcare professional). The following terms will refer to this, where appropriate. Said aspects may additionally apply in separate (partly product-specific) terms and conditions, divided in consumer (“user”) and corporate (“customer”). Consumer is each natural person, who concludes a legal transaction for a purpose that can be added neither to its commercial nor its independent vocational activity. Those who act in the line of duty of their commercial or independent vocational activity are considered corporate.

  3. Special conditions can be agreed on for products and services offered by third parties via the priaid platform, which will in this case supersede these terms and conditions.

2. Scope and functionality of the priaid-platform

The priaid-platform can analyse the user’s symptoms and provides information about possible conditions that could correlate with the entered symptoms. It therefore allows the display of possible and clinical pictures and the appropriate categories of medical specialists (“online analysis”), as well as a search function for doctors based on address and location. Furthermore it allows for finding and booking of appointments with connected customers (e.g. doctors) and provides appointment management, communication between users and connected doctors and manages filing and transmission of users’ medical information (“appointments”, “login-product”).

3. Information purpose and exclusion of liability

General:

    1. priaid-platform’s content as well as information about conditions, possible clinical pictures and data about appropriate doctors provided by the priaid-platform (hereinafter referred to as “priaid data”) aresolely meant for the purpose of information and do not substitute consultation, diagnosis and treatment by professional doctors. Usage of and trust in contents provided by the priaid-platform and priaid data cannot and must not be used by customers and users for (their own) consultations, diagnoses or treatment methods and the selection, application or termination thereof. The contents of the priaid-platform are not a recommendation for consultation, application, treatment, diagnosis or purchase.

    1. priaid is using great care to ensure that all information made available on the priaid-platform is correct and complete. The operator and all staff involved in the generation of content disclaim any liability to the fullest extent permitted by law in terms of correctness, timeliness, accuracy, reliability or completeness of the provided information.

    1. The customer declares that all details given for the closure of a contract as well as all information provided on the priaid-platform regarding practice, doctor’s qualification and other relevant contractual data are complete and correct; however, the operator cannot be made liable for the data created for the customer based on this information.

    2. priaid shall not be liable for any damage resulting from false or incomplete information given by the user, especially the health data (see paragraph 16.6). The users are solely responsible for their health data’s correctness and timeliness. In the event that claims are made against priaid by a third party (e.g. customers) because of the absence of correctness or timeliness of customer’s data and information, the respective user undertakes to fully indemnify priaid.

    3. All users of this web-service are requested by the operator, to consult a doctor for health information. In the event of a medical emergency or in imminent, life-threatening situations, the user needs to contact or consult a medical emergency service immediately. The priaid-platform is not meant for emergency situations and must not be solely used in such constellations .

    4. priaid disclaims any liability to the fullest extent permitted by law for any possible damage caused by the usage of their products, services or priaid data. Any utilization or usage of contents on the priaid-platform or the priaid data takes place at one’s own risk. The assertion of any types of claims is therefore excluded.

    5. The operator disclaims any liability to the fullest extent permitted by law for any possible damage caused mainly or completely by the user, e.g. damage caused by the incompatibility of user’s devices and priaid’s operating system, disruption of data transmission from the user’s provider to the user, deactivation of necessary cookies or damages resulting from lack of access security on the user’s side.

    6. The user bears responsibility for all consequences and disadvantages which may occur due to misuse or illegal use of the products/services and the priaid data or because the user does not fulfil his other essential agreement duties (among other things, the obligation of keeping the password secret). priaid accepts no liability for any damage that may occur resulting from such components. The user shall indemnify priaid in full in the event that claims should be asserted against priaid due to misuse or illegal use of the products and services, as well as priaid data by the user.

Online analysis:

    1. The online analysis on the priaid-platform does neither substitute the medical examination nor the diagnosis by a qualified doctor.

Usage of the priaid-platform and its contents are no substitute for professional medical care, doctor’s advice, diagnosis or treatment. The usage of the priaid-platform is voluntary and solely at the user’s own risk and in their own assessment of reliability of information provided by the priaid-platform, and of priaid data by the user. Also in the user’s responsibility are decisions or actions, including but not limited to the decision, not to consult a doctor for diagnosis and treatment, resulting from the usage of the priaid-platform. Only the user is responsible for the decision, to use the services of a doctor listed on the platform. priaid does not recommend or advocate tests, doctors, healthcare services, products, procedures, opinions or other information that may be mentioned on the priaid-platform. The user should also not delay professional medical advice / care because of information and priaid data that have been obtained via the priaid-platform.

Appointments:

    1. priaid does not take responsibility for keeping appointments and appointment management by the user and/or the connected customers (e.g. doctor), as well as for the services provided by connected doctors. Any warranty or liability claims against priaid AG, their bodies, staff and business partners that are based on provided information and the priaid data, or are connected to their brokerage and consulting activities on the priaid-platform and their additional products and services are explicitly excluded. In this context, priaid merely provides the platform for making the appointments. If a user makes an appointment with a customer, a separate contractual relation is established between these two parties. priaid is not involved in this contractual relation and no claims can be made against priaid resulting from this contract. Execution and implementation of this independent contract is solely between the user and the customer. Priaid is not acting as a broker for this independent contract between user and customer. The listing of doctors via the online analysis is not a recommendation on the part of priaid. priaid merely provides the platform for interaction between connected customers and the user.

    1. Within the scope of contact between user and customer (e.g. doctor), the user can allow the customer access to the user’s health data, in accordance with the general privacy policy. The health data made available for the customer will be encrypted with a public key that was initially generated by the user, and can only be decrypted for the user with a private key (public-key-cryptography). In the event of loss of the private key by the user, the data are unrecoverable and priaid disclaims any liability resulting from the loss of data. Should the user enter health data without de/encrypting them, entries / changes of the health data will be submitted one-time to the healthcare provider, but not saved for the user.

Links:

    1. priaid has absolutely no influence on the websites linked to the priaid-platform or to the links provided by the priaid platform, because of which priaid AG takes absolutely no responsibility for their content, correctness, completeness and lawfulness. The creation of connections to these sites is done at your own risk. The terms and conditions of the respective websites apply.

Availability and others:

    1. One hundred percent availability of the priaid-platform is technically not possible. However, priaid is making an effort with all means available and within economic reason, to constantly provide the priaid-platform. The priaid-platform is generally available around the clock from Monday to Sunday. priaid strives to provide continuous availability of all functions, especially during the core working time Monday to Friday, 9.00am to 5.00pm. However, priaid reserves the right to execute maintenance-related shutdowns of individual servers of the used server infrastructure, and thereby to fully or partially limit the availability of the priaid-platform.

    2. priaid disclaims any liability to the fullest extent permitted by law for technical problems and service disruptions, as well as damage to the user’s software and hardware. priaid also disclaims any liability to the fullest extent permitted by law for damage or viruses that may impair the computer, equipment or any other property of the user or the use thereof, due to their accessing information and data. In the event of service disruptions or system failure, priaid will do their best to remedy the damage. priaid disclaims any liability to the fullest extent permitted by law for damages that may occur for the user due to lack of accessibility of priaid-operated databases.

    3. priaid can provide the user with services by third party providers within the priaid-platform (embedded in the platform or via links). The providers are carefully selected; however, a constant control of the services, especially of websites and services made available by them is not possible for priaid. Their availability as well as quality requirements of such third-party services comply with the respective rules applicable. In no case is priaid responsible or reliable for their content, availability, disturbances, low quality and/or disruptions. This also applies to third party providers / links to pages of cooperation partners of priaid. priaid is not a party of the contract between the user and a third party provider.

    4. The operator reserves the right, to partly or fully and without separate announcement change, complement, delete the offer, or to stop the publication temporarily or definitely. priaid shall not be made liable for damages occurring thereof.

    5. Claims to damages and reimbursement of expenditure of the customer (hereinafter: claims for damages) against priaid, irrespective of their legal grounds, in particular claims arising from duties from business debts of unlawful dealings, especially due to violation of above mentioned paragraphs 3.3, 3.4, 3.6, 3.7, 3.8, 3.9, 3.10, 3.11 are excluded. This does not apply if priaid cannot be made mandatorily liable, e.g. due to product liability, in cases of intent, gross negligence, for violation of life, the body or health, or due to a violation of major contractual obligations. However, the claim for damages for violation of major contractual obligations is limited to contractual, foreseeable damage, if no case of intent or gross negligence applies on the part of priaid, or if liability for violation of life, the body or health occurs. A change in the burden of proof to the customer's disadvantage is not connected with the preceding provisions.

    6. If customers are entitled to claims for damage according to paragraph 3.17, they are becoming time-barred within two years, according to the period of limitation applicable for claims for damages. For claims for damage according to the Product Liability Act, the statutory limitation periods shall apply.

4. Functional scope of the priaid-platform

  1. If the performance scope is not explicitly different or additionally from an order process within the priaid-platform, then the respective performance scope made available for the user shall apply as the performance scope of these terms and conditions.

  2. The user can access content and data of the priaid-platform via the internet regardless of time and place, within the technical and operational possibilities provided by priaid (e.g. latest version of web-browser)

  3. The current basic functions of the priaid-platform include (the latest versions are provided with the respective updated product-/service-descriptions).

For the user:

For the customer:

    1. After successful creation of a user-/customer-account on the platform, the user can access the mentioned functions of the priaid-platform. With this configurations and/or information, the user can largely control, how and which data will be used or passed on. priaid trusts that they meet the user’s needs. Only the user decides if and which data they like to enter and save into their user-/customer-account. In this context we highlight that the only the user alone decides which health data they provide the healthcare professional when booking an appointment. These data can support the customer (e.g. doctor) in planning, anamnesis and diagnosis. priaid has no influence on the content and the data, or their disclosure.

    2. The operator can provide various special services via the priaid-platform. Special services can be ordered by the user on the priaid-platform or via other channels. priaid can make the provision or the usage of special services subject to partly or fully remuneration of special charges.

    3. Products and services of third parties that are not provided by priaid are not subject to the business relationship between the user and priaid. The user’s contracting partner for those products and services is solely the third party.

    4. The service provided by the healthcare professional (e.g. doctor), as well as the communication between the doctor and the user (incl. booking of appointments) is not part of the service relationship between the user and priaid.

    5. The operator reserves the right, to partly or fully and without separate announcement change, complement, delete parts of the pages or the whole offer, or to stop the publication temporarily or definitely.

5. Warranty

If a warranty for the respective service or the respective product is applicable at all, clients’ claims to damages and reimbursement of expenditure against priaid - irrespective of their legal grounds - in particular claims arising from duties from business debts of unlawful dealings are excluded, unless stated otherwise in these terms and conditions.

This does not apply if priaid cannot be made mandatorily liable, e.g. due to product liability, in cases of intent, gross negligence or due to a violation of major contractual obligations. However, the claim for damages for violation of major contractual obligations is limited to contractual, foreseeable damage, if no case of intent or gross negligence applies. A change in the burden of proof to the customer's disadvantage is not connected with the preceding provisions. If customers are entitled to claims for damage, they are becoming time-barred according to the period of limitation applicable for claims for damages. For claims for damage according to the Product Liability Act, the statutory limitation periods shall apply. Further warranties are excluded to the fullest extent permitted by law.

6. Information/Communication

  1. priaid is operating a helpdesk for information regarding the customers‘usage of the priaid-platform (support). The helpdesk can be reached via telephone (hotline) or via email. Priaid can replace the contact via email with a ticketing system. Availability and contact number of the hotline can be found at http://www.priaid.ch (www.priaid.com).

  2. priaid can make support services subject to remuneration of special charges. priaid reserves the right to invoice support requests separately based on effort, if they exceed an appropriate limit. priaid will give an advance-notice, should support requests become subject to a charge in the future.

  3. Other communication between priaid and the user is made via electronic channels, meaning per email, online or similar.

  4. No information about medical topics will be provided. Please contact a healthcare professional via the regular channels for medical information.

  5. The operator can send any communication / make any statement towards the user per email by using their latest email address stored in their user-account. If submission per email is unsuccessful, because the latest stored email address is invalid, the communication/statement will be deemed delivered upon sending the email.

7. Other services

For the scope of service for separately agreed services, the individual agreement, as well as the information that priaid publishes on their website, apply.

8. Right of use of the priaid-platform

  1. Insofar as priaid is offering the products and services of the priaid-platform free of charge, the right of use for services and products that require a user-/customer-account begins with successful creation of a user-/customer-account on the platform by stating the true and correct personal information and data. For products and services that are publicly available, the right of use begins upon accessing the respective functions of the priaid-platform. For products and services subject to a charge, the right of use of the priaid-platform (and its respective functions) begins upon full payment of the charges.

  2. The right of use according to paragraph 8.1 allows the user the intended, not exclusive, limited to the terms of the agreement, not transferrable and not non-sublicenseable usage of the priaid-platform (if applicable, together with special services, value-added services or services by third parties, embedded by priaid. The user shall not use the products and services beyond this agreement. Most of all, neither users nor customers shall use priaid-data for their own commercial purposes, or make non-public content available to third parties.

  3. If not subject to different written agreements with priaid, the paragraphs 8.1 and 8.2 shall regulate the content of the right of use for the priaid-platform completely. Any additional usage is not permitted.

9. Intellectual property and other rights of content

  1. By accessing the priaid-platform or by creating a user-/customer-account, the user agrees that the rights of the priaid-platform (and all its elements), as well as all information, data, graphics and symbols on the priaid-platform belong to priaid (or their contractual partners). The same applies for special-, value-added-services and services by third parties, offered on the priaid-platform.

  2. The user shall no copy, distribute or make available via framing or other methods parts of the priaid-platform. They shall never publish non-public contents of the outside the priaid-platform. It is prohibited to use the priaid-platform for third parties. The same applies for special-, value-added-services and services by third parties, offered on the priaid-platform.

  3. The user shall not reengineer, collect systematically or entirely save information on the priaid-platform. The same applies for special-, value-added-services and services by third parties, offered on the priaid-platform.

  4. The content published on the website is subject to copyright protection. As long as not stated otherwise, the operator owns the copyright.

  5. The electronic data and content generated by users and partners in relation to the priaid-platform and its products/services shall not be reproduced, modified, deleted or published outside of priaid’s scope of service, if priaid has not specifically acknowledged those in advance.

10. Password-protected access

  1. The operator offers the user password-protected access to the respective parts of the priaid-platform via the internet. To ensure security of user-information during transmission, the operator uses secured protocols to encrypt the information transmitted by the user (e.g. Secure Sockets Layer, SSL).

  2. The user undertakes not to disclose their access data to unauthorised third parties. The user is responsible for safekeeping their access data and for protecting them from being accessed by third parties. priaid disclaims any liability for damages resulting from misuse or loss of their access data (user-identification, password).

  3. In the event that the user loses or forgets their access data (or parts thereof), and if the user enters an invalid email address, or if the email address becomes invalid, no new access data can be sent via email. The operator is not obliged to provide the user with new access data via different channels, or to escrow a new email-address.

11. Personal data of the user-/customer-account

  1. To execute the contractual relationship, priaid saves and modifies the necessary information about the user (user-name, user-information and user-data). priaid treats these data confidentially.

  2. The operator saves the collective customer data in their user-/customer-account. The user-/customer account combines the information about the user needed by priaid to understand and to manage the contractual relationship between priaid and the user, which means their orders, payments to priaid as well as other information. priaid reserves the right to refuse registrations without stating any reasons.

  3. The user undertakes to provide correct information upon registration and to keep their information up to date. priaid reserves the right to delete the user-/customer-account, if it has not been accessed for more than 24 months or if priaid is unable to contact them via the registered email address.

  4. The contractual relationship between the user and priaid are not transferrable. The contractual relationships terminates with death, a transfer due to inheritance is excluded. Each user can only be registered once at all times.

  5. The operator reserves the right to delete the user-/customer-account, if it has not been accessed for more than 12 months (initial login) and if even upon request by priaid, delivered via email, the user/customer does not access their account within a further month.

12. Additional data on the platform and on mobile devices

  1. The priaid-platform is a system that depends on information about health problems, additional health-related information and medical data in order to function correctly. Therefore the platform contains medical information in various contexts, additional to the user-/customer-account, which are classified as extremely worthy of protection. Due to the sensitive nature of personal medical data, this information will be en- and decrypted in the browser or the practice-management tools. The decryption of personal medical data is only possible with the private key of the user, or with the private key of the healthcare professional authorised by the user. Without this key, which will be saved locally with the user and in the local system for en- and decryption, personal medical data have no use and cannot be accessed. Please refer to the general privacy policy for more information.

  2. Additionally, the priaid-platform saves more data, that will not allow any conclusions with regards to the user, due to priaid’s isolated observation:

  1. You, the user, agree to data processing according to paragraphs 12.1 – 12.3. priaid‘s privacy policy provides a detailed description of the data processing related to your usage of the priaid-platform via your local and mobile devices. priaid can establish additional terms for individual services that shall apply in addition to the general privacy policy.

13. Duration of data storage saved on the platform; user’s deletion responsibilities

  1. According to these terms and conditions, the operator keeps personal data saved on the platform at the most until the user-/customer account shall be deleted (paragraph 13.2).

  2. The user-/ customer account shall be deleted by the user’s or priaid’s initiative (according to paragraph 18.3 in both cases), or within 2 months after the termination of the contractual relationship based on these terms and conditions.

14. Remuneration

  1. Unless stated otherwise, priaid provides the user free-of-charge usage of the priaid-platform for the duration of the contractual relationship, according to these terms and conditions. .

  2. priaid can place advertising-financed contents on the priaid-platform to finance the free-of-charge usage of services for the user. Those will be expressly described as advertisements and are no recommendations by priaid in any case whatsoever.

  3. In the event that priaid provides services on the priaid-platform or related to the priaid-platform that are subject to a charge, the user undertakes to pay the agreed remuneration (subscription fees, etc.), as well as all other fees (service-fee, set-up fee, training-fee, etc.) (hereafter referred to in its entirety as compensation

  4. Invoices are payable within 30 days unless stated otherwise. Contrary to announcements, price indications by priaid are always exclusive of value-added taxes and expenses. In the event that the user is located abroad or when there are other reasons to doubt punctual payment, an advance payment can be requested.

  5. The operator reserves the right to unilaterally increase agreed remunerations. However, remuneration increases have no impact on active subscriptions or contracts, but will only take effect upon the next renewal of contract or subscription. Priaid is obliged to announce the changes in due time, so that the user/customer can terminate the contractual relationship within the term of notice of termination agreed upon by contract before the new remuneration/prices take effect. In the event that this right is not invoked, the price alteration becomes binding for both contracting parties. The new statements will be based on this price alteration.

  6. Suspending the access to the priaid-platform as well as a termination of the legal relations based on these terms and conditions does not release the user from their obligation to pay due remunerations based on the existing agreement between them and priaid.

15. Permitted use

The user undertakes to use the priaid-platform exclusively for the purpose of using the products and services as described in the functional scope. Only truthful information and profiles are permitted. Furthermore, the user undertakes to use the priaid-platform according the fair use policy and not overly prominent.

Not permitted is/are especially:

In the event of violations, the operator can take appropriate measures, incl. immediate unilateral termination of contract for exceptional reasons, or take legal action, if applicable.

16. User’s undertakings

You, the user, undertake the following:

  1. The user pays outstanding remunerations to priaid within the payment period.

  2. The user does not use the platform in an inadmissible way and takes care that the terms of paragraph 15 are not violated.

  3. It is the responsibility of the user to take the necessary precautions to secure their systems. This includes especially the browser’s security settings, the installation of a firewall, up-to-date version of a computer virus or malware defending software, storing the data at regular intervals as well as physical access control.

  4. The user is obliged to keep his access data (password, username, public and private key for health data) as safe as they would keep any valuables safe from unauthorised access of third parties. It is strongly recommended to change the password frequently and to key in the personal access data only in the official website or tools (e.g. interface, app) provided by priaid.

  5. The customer is obliged to apply the medical occupational law and the completion laws as well as other applicable regulations and professional ethics to all content and data on the priaid-platform. He ensures that the information regarding practice, professional qualification and other relevant information provided upon closure of contract as well as on the priaid-platform are correct.

  6. Only the user can enter or update health data in the respective fields and forms. He/she alone is responsible for the quality of information provided and is obliged to make truthful statements. The user deletes, modifies or hides possible relevant data for diagnosis and treatment by healthcare professionals at their own risk. He/she indemnifies priaid of any claims by third parties who relied on the completeness, correctness and timeliness of entered data.

  7. The customer’s cooperation is required for the complete usage of services and products provided by priaid. In the event that the operator cannot provide the service partly or completely due to lack of the customer’s cooperation, priaid shall be exempted from the provision of this service.

17. Technical precautions

The operator has the right to take technical precautions that can detect and persecute or prevent unauthorised usage. Priaid can particularly provide database content with markings or implement digital protective measures (e.g. DRM) against unauthorised copying, etc.

18. Conclusion of contract, term and termination

  1. Priaid and the user enter into a contractual relationship upon successful creation of a user-/customer-account, in which the users identify themselves. Any feigning of an identity is prohibited and leads to immediate deletion of the account.

  2. In order to create a customer account, the Customers need to present to priaid a license to practise medicine or any other legal document appropriate for the purpose of identification, to prove their status as healthcare professional. The authentication should be sent to priaid at the latest following the request by priaid sent with the confirmation of registration, so that the account can be activated. Conclusion of contract is the date stated in the confirmation of registration, regardless of activation.

  3. The contractual relation for products free-of-charge ends according to these terms and conditions:

  1. For any additional products/services subject to a charge (e.g. special services), additional regulations for cancellation or termination may apply.

  2. priaid as well as the user have the right to terminate according to contract. Both parties shall retain the right to terminate for exceptional reasons.

  3. priaid can suspend the access to the priaid-platform with immediate effect, if the user is in default with payments for the priaid-platform or any additional services. The operator reserves the right, to partly or fully and without separate announcement change, complement, delete the offer, or to stop the publication temporarily or definitely.

  4. The operator reserves the right to delete the user-/customer-account, if it has not been accessed for more than 12 months (initial login) and if even upon request by priaid, delivered via email, the user/customer does not access their account within a further month. Or if it has not been accessed for more than 24 months or if priaid is unable to contact them via the registered email address.

19. Suspension of the contractual relation or access to the priaid-platform respectively

  1. The operator has the right to suspend access to the priaid-platform without separate announcement, or to limit access to certain functions of the priaid-platform, if

  1. In the event of a suspension according to paragraph 19.1, the operator is not obliged to reimburse already paid off remunerations.

  2. Termination with immediate effect remains an option, even if priaid already suspended the access to the priaid-platform due to certain events.

20. Force majeure

Temporary limitation or degradation of services may occur on the grounds of force majeure, strikes, lock-outs and administrative orders, as well as due to technical modifications to priaid’s systems or any other measures necessary for proper or improved operation (e.g. maintenance). Priaid reserves the right of such measures, they will, however, work towards a fast fault clearance.

II. AMENDMENTS TO THESE TERMS AND CONDITIONS

These terms and conditions regulate the relations between the parties of the agreement conclusively. Priaid reserves the right to periodically revisit and to amend, if applicable. priaid will communicate any changes or additions of these terms and conditions to the user either in writing, per email and/or online, upon their next log-in to the priaid-platform. Changes initiated by the user are not applicable, if priaid did not approve of those in writing.

III. PRESERVATION OF VALIDITY

If some particular disposition or parts of these dispositions should be declared null and void, this will not affect the remaining dispositions and the validity of the agreement. If any of the provisions of this agreement should be invalid, ineffective or unenforceable, that will not affect the validity of the remaining provisions. The in valid provision will be replaced by the legal regulation that matches as closely as possible the intended purpose of the invalid provision

IV. APPLICABLE LAW AND JURISDICTION

Usage of the priaid-platform and the contractual relation between you, the user, and priaid, according to these terms and conditions shall be subject to Swiss law, to the exclusion of the UN Convention on contracts for the International Sale of Goods dated April 11, 1980.

All disputes regarding usage of information and contents of the priaid-platform, to which these terms and conditions apply, or disputes related to these terms and conditions, as well as related to services and products provided via the priaid-platform may only be brought before the court of jurisdiction at the seat of priaid AG

These terms and conditions were last updated on 1st March 2015.