General terms of use

Swiss Med Bank > General terms of use

General Terms of Use (GTU) for MED’PROFILE

 Edition – November 2015

 

Preamble

These General Terms of Use (GTU) shall regulate the contractual relationship between the Member and SWISS MEDBANK SA relating to the use of the SWISS MEDBANK electronic personal health record system (hereinafter referred to as MED’PROFILE) and the additional service operated by SwissMedCall within the frame of the Plus Service only. The Member may call up the prevailing GTU at any time, even after formation of contract, by clicking on the “General Terms of Use” link on the SWISS MEDBANK website. It can then be printed out and downloaded or saved.

The service is edited by SWISS MEDBANK SA, whose registered office is at Grand Rue 38A, CH-1297 Founex, and with a capital of CHF 100’000.

 

Definitions

“Member”: physical person resident or not in Switzerland who has accepted these GTU and who is beneficiary of SWISS MEDBANK’s services.

“Healthcare Provider”: physical or moral person that provides preventive, curative, promotional or rehabilitative health care services in a systematic way to individuals, families or communities.

 “Healthcare Provider Partner”: physical or moral person that provides preventive, curative, promotional or rehabilitative health care services in a systematic way to individuals, families or communities and that have agreed with the Accredited Partner Agreement with SWISS MEDBANK SA.

“Business Partner”: collaborator of SWISS MEDBANK SA being authorized to propose and sell the services marketed and managed by SWISS MEDBANK SA, being based in Switzerland or in any other country.

“Advertiser”: moral or physical person that advertises on the web page of SWISS MEDBANK SA and the websites of its affiliates.

“Third Party”: physical person who is not involved in the services offered by SWISS MEDBANK SA.

 “Data”: Member’s private and health information, especially facts, documents or numbers, stored on MED’PROFILE and MED’PROFILE CARD, in order to be examined, considered and used to help decision-making in case of emergency.

“MED’PROFILE”: within the framework of the present GTU, the term MED’PROFILE refers to the web-based electronic personal health record edition software developed and owned by SWISS MEDBANK SA. The web access to MED’PROFILE is so called MED’PROFILE Web.

“MED’PROFILE App”: mobile application downloadable on smartphones and tablets allowing the access to MED’PROFILE.

“MED’PROFILE Card: specific USB stick with fingerprint authentication allowing the access to MED’PROFILE from a USB port.

“MED’PROFILE Web”: Internet access to MED’PROFILE from a computer, smartphone or tablets.

“Access Modes to MED’PROFILE”: all the modes allowing a Member to connect to MED’PROFILE, consisting in MED’PROFILE App, MED’PROFILE Band, MED’PROFILE Card, MED’PROFILE Key and MED’PROFILE Web.

“Physical Access Modes to MED’PROFILE”: all materialized external supports allowing access to MED’PROFILE by the Member, consisting in MED’PROFILE Band, MED’PROFILE Card and MED’PROFILE Key.

“Software”: the set of the software needed for working of MED’PROFILE and software embedded in the Physical Access Modes to MED’PROFILE.

“SwissMedCall”: partner of SWISS MEDBANK responsible for the additional proposed services available in Plus services, as described in point 2.2 of these GTU, and  whom the office is located at rue de Lausanne 3, CH – 1020 Renens.

“Compatible System”:  The whole hardware and software system with which the MED’PROFILE and the Access Modes to MED’PROFILE are compatible or work correctly as described in the MED’PROFILE User Manuals.

 

  1. Scope of the contract

The carrying out of the services for which this contract is signed consists in hosting the Data of a Member in MED’PROFILE in order to give him a worldwide access through the tools exclusively developed by SWISS MEDBANK SA: MED’PROFILE and the Physical Access Modes to MED’PROFILE.

Services and offers provided by Advertisers and / or Business Partners shall not be the object of this contract even if they are mediated via SWISS MEDBANK SA. For these cases the relevant Advertiser and / or Business Partner alone shall be the contracting partner of the Member on the basis of their contractual conditions. Services and offers of such partners shall be denoted or recognizable as such. Services and offers relating to SWISS MEDBANK SA and other services and offers agreed separately by the Member with SWISS MEDBANK SA shall also not be the object of this contract.

The present GTU is considered as agreed between the Member and SWISS MEDBANK SA insofar as and as soon as a Member subscribes for solutions of SWISS MEDBANK SA or orders of such goods or services of SWISS MEDBANK SA, and for which SWISS MEDBANK SA has confirmed the subscription or order.

 

  1. Services of SWISS MEDBANK

2.1 Description of the Standard Service

SWISS MEDBANK SA provides the Member with applications and services that allow him to process and save his Data in electronic form with MED’PROFILE. He may at any time alter, supplement, or delete any Data saved in MED’PROFILE. In certain cases where certain Data are entered by employees of SWISS MEDBANK SA, the Member may, as well, at any time, alter, supplement or delete any Data.

The Member alone is responsible for which Data is stored in his personal health record.

MED’PROFILE is a service provided by SWISS MEDBANK SA and proposed to Members from any country. Usage of MED’PROFILE is reserved to of-age Members. For a Member who is minor in his country of residence and/or who is under guardianship, SWISS MEDBANK SA agrees to deliver the service only with written approval of the Member‘s legal representative (parents, legal guardian).

Thanks to the Access Modes to MED’PROFILE, the Member may at any time, within the framework of the contractual conditions, access his MED’PROFILE and view, edit and save his Data that is stored there.

SWISS MEDBANK SA offers the Member support and services via SWISS MEDBANK’s website by e-mail and by telephone; a fee may be applied in the case of the latter.

Once the Member is registered on MED’PROFILE, the stored Data will be deemed authentic between the parties.

2.2 Description of the Plus Service

SWISS MEDBANK proposes to the Member to use the Plus services which integrate the following services in addition to the Standard services described in point 2.1 of the present GTUs:

  • Access to a doctor by telephone, video-conference or chat
  • Update of the Member’s MED’PROFILE by a Healthcare Professional, further request of the Member, shipment of the items by post or by digital way by the Members, and receipt of these items by SWISS MEDBANK.

The additional services proposed in the Plus services are fully operated and under the responsibility of SwissMedCall.

2.3 Requirements for correct functioning of MED’PROFILE Web.

Globally, an electronic device connected to Internet and a suitable web browser shall be required for correct functioning of MED’PROFILE.

2.4 Requirement for correct functioning of any Physical Access Mode to MED’PROFILE

Any Physical Access Mode to MED’PROFILE is connectable to a USB port only and requires an electronic device equipped with a Compatible System as mentioned in the User’s Manual. SWISS MEDBANK shall endeavor to insure the compatibility with future Compatible Systems versions.

At each new version of the embedded Software, the Member shall download the latest version as required by SWISS MEDBANK. SWISS MEDBANK shall inform the Member by e-mail at each available new version.

2.5 Requirements for correct viewing of medical images

MED’PROFILE uses modern technologies to provide its Members with the state of the art service. The Member can upload on his own MED’PROFILE medical images in different section where a document upload is available. In order to have a correct display of the uploaded medical images, the Member shall verify that the web browser he uses at the time of viewing supports html5.

2.6 Authorized Access to Business Partners

In certain cases, some Business Partners are provided by SWISS MEDBANK with a system called MED Professional and which allow them to generate and manage MED’PROFILE accounts of their customers. In such a case, the Member is aware that the said Business Partner will have access to his Data. The Business Partner shall inform the Member.

2.7 Authorized Access to Healthcare Provider Partners

In the case the Member contracts a MED’PROFILE membership through a Healthcare Provider Partner, SWISS MEDBANK SA allows the Member to make available to Healthcare Provider Partner his Data that is stored in MED’PROFILE.

In such a case, the name, date and time of day the Healthcare Provider Member accesses the Member’s MED’PROFILE shall be recorded. The access record can be viewed by the Member at any time, asking to Customer Service of SWISS MEDBANK SA or to Healthcare Provider Partner.

2.8 Access in case of state of unconsciousness

In the case the Member is unconscious, the MED’PROFILE Card, with its fingerprint technology, shall allow the Member to give access to his MED’PROFILE to any Healthcare Provider or Third Party on any Compatible System. Such access shall only be possible with Member’s physical presence since it needs his fingerprint for access to MED’PROFILE.

2.9 Physical Access Modes to MED’PROFILE

General

The Physical Access Modes to MED’PROFILE are included in the Silver and Gold levels. It can fulfill the function of access to personal MED’PROFILE further connection of its USB plug to a USB port of an electronic device through fingerprint authentication (MED’PROFILE Card only) or personal access codes for consultation and / or edition of Data.

MED’PROFILE account

Each Physical Access Modes to MED’PROFILE is always linked with a MED’PROFILE account opened by SWISS MEDBANK SA.

Assignee

The only person eligible for any Physical Access Mode to MED’PROFILE is the Member.

Ownership

Any Physical Access Mode to MED’PROFILE is owned by SWISS MEDBANK SA.

Preservation & storage

We advise the Member to preserve his own Physical Access Mode to MED’PROFILE with care and to keep it in his wallet (MED’PROFIEL Card and MED’PROFILE Key) during travels when it is not connected to an electronic device. The member shall as well keep MED’PROFILE Card, away from any magnetic source, protect it from direct sunlight, low temperatures and/or wet environment.

Validity and renewal of a Physical Access Mode to MED’PROFILE

The validity of a Physical Access Modes to MED’PROFILE expires at the termination of the contract.

In case of renewal due to loss, theft or physical damage of the Physical Access Mode to MED’PROFILE, a renewal fee will be charged to the Member. The amount will be communicated to the Member at this time.

In case of loss or theft

The Member shall notify SWISS MEDBANK SA immediately by phone or e-mail in case of loss or theft of a Physical Access Mode to MED’PROFILE. After a 48 hours deadline, SWISS MEDBANK SA reserves the right to increase the price of the renewal of the Physical Access Mode to MED’PROFILE.

Commitment

In case of working trouble of a Physical Access Mode to MED’PROFILE due to technical and / or electronic disturbances and diagnosed as such by SWISS MEDBANK SA, the Member shall receive a brand new Physical Access Modes to MED’PROFILE for free. 

In the case the technical diagnostic made by SWISS MEDBANK SA shows that the Physical Access Mode to MED’PROFILE has not been kept with care, or would notify that the  latest is or has been physically opened by the Member, the above commitment shall not be applied and a renewal fee shall be charged to the Member.

 

  1. Duties of the Member

The Member declares that he registers for himself only one single personal MED’PROFILE. In the case the Member resides out of Switzerland, he declares that he agrees to store his Data, or a copy of his Data, at SWISS MEDBANK SA through MED’PROFILE.

The Member may use MED’PROFILE only in compliance with the contract and for purposes provided. In particular, the Member expressly undertakes to refrain from using MED’PROFILE for purposes other than the legitimate one, to refrain from acting in any improper way and to refrain from using the services of MED’PROFILE to store, disseminate or make available content that is liable to criminal prosecution or illegal in any way. The latter shall apply in particular to content of a pornographic nature or which glorifies violence.

The Member undertakes in his own interest to take care that the Data entered and stored in his own MED’PROFILE is correct and complete. He shall be responsible for the consequences of information that is incorrect or incomplete

Access codes

The Member shall treat the access codes to his MED’PROFILE in confidence and shall not forward it to Third Parties and the Member undertakes to change the password at regular intervals. If there are indications that Third Parties have acquired knowledge of his access codes, he shall immediately inform SWISS MEDBANK SA and change the password for his record or instigate blocking of his account. SWISS MEDBANK SA refuses to accept any liability for the consequences of access codes becoming known. Actions that happen by use of the Member’s access codes before blocking are recognized by the Member as his own or as actions authorized by him and he shall be responsible for such actions.

Activation of a MED’PROFILE Account by a Third Party

In the case the Member assigns a Third Party, or that a Third Party has been assigned to activate the MED’PROFILE of the Member with the agreement of the latter, the Member shall instantly change the access codes through the “Forgotten Password” process available on the login webpage of MED’PROFILE at www.my-medprofile.com.

SWISS MEDBANK shall not be responsible for any oversight which would result in a later access to the Member’s MED’PROFILE by the Third Party who has activated the account.

SWISS MEDBANK SA reminds the Member that the Data stored in MED’PROFILE is a copy of original Data. The Member shall keep the original Data safely.

 

Prohibitions

This GTU does not authorize the Member or any person who would have access to the relevant products and services, to:

  1. Modify the Software in order to correct bugs and errors without the prior consent of SWISS MEDBANK SA;
  2. Make any direct financial profit of the use of MED’PROFILE and any Access Mode to MED’PROFILE;
  3. Rent, share, sublicense MED’PROFILE and any Physical Access Mode to MED’PROFILE or grant any kind of rights regarding the Software or any portion thereof in any form to any third-party without the prior consent of SWISS MEDBANK SA;
  4. Translate, reverse-engineer, decompile, disassemble partially or completely the Software, or make any attempt to discover the source code, or create derivative works based on the Software.
  5. Remove or alter any identification, proprietary notice, labels or trademarks which appear on or in the Software or on the Physical Access Mode to MED’PROFILE;
  6. Disclose, distribute, market, publicly display, and demonstrate all or part of the MED’PROFILE and any Physical Access Mode to MED’PROFILEdocumentation, modified or not, to any third-party;
  7. Sublicense to a third-party the Software Product documentation;
  8. Open, reverse engineer, disassemble, modify, the Physical Access Mode to MED’PROFILEor attempt to duplicate it in any way;

If any interoperability problems between MED’PROFILE / Access Modes to MED’PROFILEand other computer programs are encountered, the Member accepts to inform SWISS MEDBANK SA. In such a case, the member should contact the Customer Service of SWISS MEDBANK SA;

 

  1. Commencement of the contract, duration, alteration and termination

By conclusion of the registration process for the MED’PROFILE the Member accepts these GTU. By activating the Member, SWISS MEDBANK SA accepts this offer and a contract between the Member and SWISS MEDBANK SA thereby comes into existence with inclusion of these GTU. At this time, and possibly at a later time, the Member may change to another SWISS MEDBANK’s product related to MED’PROFILE services and which may be more adapted. The Member shall be informed about acceptance of the contract by SWISS MEDBANK SA by e-mail confirmation.

Each SWISS MEDBANK’s service shall run during its relevant agreed period. Insofar as the relevant service package is not terminated by the Member or SWISS MEDBANK SA, it shall be extended each time by the same period.

The Member and SWISS MEDBANK SA may terminate the relevant service package with a period of 3 months to the end of the agreed period or to the end of an extension period. With termination of the contract, the Member shall be released from his obligation of payment. In this way, the access to MED’PROFILE shall no longer be available to the Member. The Member shall send back the MED’PROFILE Card to SWISS MEDBANK SA no longer than 30 days further termination.

At such a time the Member shall forfeit any residual period of use for any service paid for in advance. There shall be no reimbursement of amount already paid. Any amount due before the ending of the contract shall, however, still be due from the Member.

SWISS MEDBANK SA may terminate the contractual relationship for good cause if continuation of the contractual relationship until expiry of the statutory termination period cannot reasonably be expected by SWISS MEDBANK SA. Good cause shall be constituted in particular by:

  • non-compliance with statutory regulations by the Member,
  • breach by the Member of contractual duties (e.g. false identify information, inappropriate use, delay with payments etc.)
  • the Member acts in a relevant way to the detriment of one or more Members.

If there is good cause, SWISS MEDBANK SA may, without prejudice to the possibility of termination, also issue a warning or block or restrict the Member’s access to the services of SWISS MEDBANK SA. In the case of termination by SWISS MEDBANK SA for good cause, the Member shall have no entitlement to repayment of remuneration paid in advance.

Any termination shall be made by written form (e-mail or letter).

 

Special cases

Changing employer.

In the case the Member would have contracted a MED Business solution and would leave his employer (further redundancy or resignation), the Member may have the possibility to move to a subscription to a MED Private solution and keep his MED’PROFILE activated. In such a case, the Member shall inform the Customer Service of SWISS MEDBANK by e-mail. The price of the service shall be modified according to MED Private tariffs after acceptation of the Member.

Death of the Member

In the case the Member would die during this agreement period, the Data will be stored for a minimum of twelve (12) months on the server of SWISS MEDBANK SA. The legal assignee only will be able to get a copy of the Member’s MED’PROFILE under request by written and legal proof of his status. SWISS MEDBANK SA reserves the right to charge a special fee to the assignee for a request of a copy of the MED’PROFILE. SWISS MEDBANK SA will inform the assignee about the obligation to send back the Physical Access Modes to MED’PROFILE.

 

Data retention

A fee shall be included in each payment by the Member for the services of SWISS MEDBANK for retention of the Data loaded in MED’PROFILE after termination. In this way, SWISS MEDBANK SA shall keep all Data for a maximum period of 5 years. Such Data shall beneficiate the same security and confidentiality during this period as Data from active Members. In case the Member refuses SWISS MEDBANK SA to keep his Data, the Member shall notify SWISS MEDBANK SA about it by written form (e-mail or letter).

 

Reactivation of membership

Further termination, the Member shall be able to reactivate his MED’PROFILE. A special fee shall be paid to SWISS MEDBANK SA, which amount shall be communicated to the Member before reactivation.

 

  1. Registration and authentication

The Member gives an assurance that all Data stated at the time of registration or log-in is complete and correct. In particular the legal name must be used and not a first name by which he is generally known or a nickname. Furthermore, if there are any changes in his Data such as surname, address, telephone number and mobile telephone number, e-mail address, the Member must enter them without delay in the relevant Contact area in the MED’PROFILE. SWISS MEDBANK SA shall not accept any liability for the consequences of non-notification or late notification of changes.

In case of direct purchase of the service to SWISS MEDBANK and of modification of payment information (e.g. bank details), the Member shall inform SWISS MEDBANK SA by written form without delays.

At the time of registration the Member shall determine his personal access codes (log-in and password) for access to his MED’PROFILE. In so doing the Member must specify a secure password. The password must in particular not refer to the Member’s Data or be otherwise easy to guess.

 

  1. Prices and payment terms

Details concerning prices can be asked to SWISS MEDBANK SA or to the Business Partners via the website (www.swissmedbank.com). In the case the Member orders the service directly to SWISS MEDBANK SA, payment for services shall be done

  • either at net 30 days from the date of invoice if it is paid by bank transfer
  • or immediately if it is paid by credit card through the online payment system.

If the Member initiates a purchase order to a Business Partner, the latter and not SWISS MEDBANK SA shall become the Member’s contracting partner and the general terms of sales, including prices and payment terms, of the relevant Business Partner shall apply. In addition, these GTU shall apply to the services carried out by SWISS MEDBANK SA.

Any price alterations announced subsequently during the chosen subscription duration shall come into effect initially for the next subscription period (even in the case of an automatic extension of the service package).

The amount payable may be settled by means of the payment process offered (e.g. with accepted credit cards); surcharges may be applied in such cases. If an amount payable is not settled or is not settled fully or not settled punctually, the Member shall pay the resulting costs.

SWISS MEDBANK SA may send the Member invoices and payment reminders by e-mail or SMS. All prices include the statutory VAT applicable in the country of residence of the Member at the time of formation of contract.

 

  1. Responsibility for content

7.1 Of age and autonomous Member

The Member is the owner of his Data. The Member shall have the responsibility for contents processed in MED’PROFILE by himself, by an employee of SWISS MEDBANK SA or by a Healthcare Provider). He shall have the responsibility to check that such Data have been correctly entered in MED’PROFILE.

The Member alone shall be responsible for disclosure or forwarding of these contents to Third Parties.

7.2 Minor and/or under guardian Member

The contents processed in MED’PROFILE by the Member himself, by his legal representative, by an employee of SWISS MEDBANK or by a Healthcare Provider) shall be the responsibility of the Member‘s legal representative for the purpose of the law,. He shall have the responsibility to check that such Data have been correctly entered in the MED’PROFILE of the Member.

7.3 Miscellaneous

SWISS MEDBANK SA excludes responsibility, insofar as permissible by law, for information that can be called up via its websites and its electronic services, in particular MED’PROFILE. In particular SWISS MEDBANK SA shall not guarantee that their contents are correct, up-to-date and complete or that they are suitable for a particular purpose. This shall not, however, apply to information of a binding character (e.g. offers) or of a contractual nature (e.g. published changes in general terms of use).

Services provided by SWISS MEDBANK are made to facilitate the communication between healthcare providers and patient. 

These services may not substitute from expertise of Healthcare Providers, particularly medical doctors.

These services may not substitute from original documents and other Data hosting systems.

 

  1. Marketing, information to Member and advertising

SWISS MEDBANK SA may also show on the website of SWISS MEDBANK and its affiliates information and offers for their own services as well as information and offers of Advertisers and / or Business Partners. In the case of offers from such partners the service of SWISS MEDBANK SA shall be limited exclusively to provision of the SWISS MEDBANK platform insofar as it is relevant for the provision of the services of these partners.

If the Member initiates a purchase order of the Advertiser and / or Business Partner, the latter and not SWISS MEDBANK SA shall become the Member’s contracting partner and the general terms of sales of the relevant partner shall apply.

SWISS MEDBANK SA may also inform the Member at regular intervals or on particular occasions by e-mail to his e-mail address about health-related services, offers and activities of SWISS MEDBANK SA, Advertiser or Business Partner. Such partners shall be responsible for their services, offers and activities.

In order to inform the Member in a more targeted way, SWISS MEDBANK SA may access the Data recorded by the Member in the MED’PROFILE for selection of recipients of information, offers or dispatches. The Member may at any time stop the further provision of such information receiving with every such e-mail the option to refuse further communications.

 

  1. Web analytic service

SWISS MEDBANK SA shall analyze the use of SWISS MEDBANK applications and websites by means of cookies. Information collected by the cookie shall be transferred to a SWISS MEDBANK SA server and stored there. SWISS MEDBANK SA shall use this information for statistical analysis of the use of SWISS MEDBANK services and websites to make it possible to propose better offers to Member requirements. The Member may stop the use of cookies by making the appropriate setting in their browser software. SWISS MEDBANK SA draws the Member’s attention to the fact that if he does this he will not be able to use all the functions of SWISS MEDBANK applications and websites.  For more information, please consult our Privacy & Security Policy.

 

  1. Data protection and Data Security

The parties undertake to comply with the Swiss Data Protection Law when handling Data. In particular SWISS MEDBANK SA shall not forward the Member’s Data to Third Parties without authorization and they shall protect the Data entrusted to them against unauthorized processing, as stipulated by law, by taking suitable technical and organizational measures. For more information, please consult our Privacy & Security Policy.

Employees of SWISS MEDBANK shall have access to Member’s Data in some specific cases. All the employees of SWISS MEDBANK SA shall respect our Privacy & Security Policy.

In the case the Member benefits from a Plus service, the Healthcare Provider from SwissMedCall shall respect the ethic code of doctors based in Switzerland or in their country of residence. They shall respect the Charter for Doctors available on the website of SwissMedCall.

In the case the Member is unconscious, the latest agrees to give the access to his MED’PROFILE through the personal MED’PROFILE Card and one of his finger print previously recorded on his MED’PROFILE Card. The Member agrees that, in such a case, Healthcare Provider or Third Parties access his MED’PROFILE.

In such a case, the access will be possible only in attendance of the Member.

In case of lack of legal regulation guarantying an appropriate protection in certain countries, the Member agrees to disclose his Data through MED’PROFILE.

When this contract is formed, the Member declares that he is in agreement with SWISS MEDBANK SA processing all Data necessary for contract processing (in particular the Data recorded in the MED’PROFILE) for the purposes described in these GTU, otherwise stated or evident from the circumstances.

SWISS MEDBANK SA may also analyze the Data recorded in MED’PROFILE in order to use them as anonymous aggregated data for research, statistical or other non-personal purposes of SWISS MEDBANK SA and Third Parties insofar as employees of SWISS MEDBANK SA and Third Parties merely have access to anonymous Data and results.

 

  1. Liability

In cases of breach of contract SWISS MEDBANK SA shall be liable as specified below for proven loss insofar as SWISS MEDBANK SA does not prove that they are not at fault. SWISS MEDBANK SA shall have unlimited liability for losses caused by SWISS MEDBANK SA intentionally or by gross negligence. In the case of minor and moderate negligence SWISS MEDBANK SA shall be liable for losses, irrespective of the legal reason (subject to compulsory provisions of law) for direct losses up to the amount of the annual remuneration for the purchased services in connection with which the loss occurred.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SWISS MEDBANK SA nor anyone else who has been involved in the production BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, loss of data, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE PROGRAM, EVEN IF SWISS MEDBANK SA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME LAW AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO THE MEMBER.

In any cases, the financial liability of SWISS MEDBANK SA for damages of any kind whatever relating shall be limited to the total amount paid to SWISS MEDBANK SA under this agreement.

More specifically SWISS MEDBANK SA shall endeavor to provide proper operation of MED’PROFILE and the electronic services. However, SWISS MEDBANK SA does not guarantee availability of MED’PROFILE at all times. The liability of SWISS MEDBANK SA for losses that the Member incurs on account of technical faults, malfunctions, temporary non-availability or failure of MED’PROFILE and individual services or of all services shall be excluded. SWISS MEDBANK SA shall accept no responsibility for any consequences due to the impossibility to use the services of a Physical Access Mode to MED’PROFILE in case of loss of the latest.  SWISS MEDBANK SA shall also accept no responsibility for access to and content of services operated by Third Parties, Advertisers or Business Partners.

SWISS MEDBANK SA shall accept no liability in connection with the conveyance (e.g. by post, fax, internet etc.) of Data (e.g. x-ray photographs, doctor’s reports etc.) to the SWISS MEDBANK Customer Service and back to the Member for the purpose of scanning and filing in the electronic health record of the Member.

SWISS MEDBANK SA shall not be liable if provision of the service is temporarily interrupted, fully or partially restricted or is impossible due to force majeure, external malicious acts, or chance events or the fault of Third Parties. Force majeure shall be constituted in particular by power failure and harmful software (e.g. virus attack) as well as natural events of particular intensity (avalanches, floods, landslides etc.), armed conflicts, rebellion, unforeseeable restrictions by authorities, case of general malfunction of public structures of the Internet, etc.

SWISS MEDBANK SA reserves the right to limit, change or stop at any time the provision of their services and offers without stating reasons. If the Member incurs losses in such cases, SWISS MEDBANK SA shall not be liable and will provide the stored data to the registered Member for a maximum period of 12 months. Moreover, the responsibility of SWISS MEDBANK will be excluded if a specific type of data not planned in the description of MED’PROFILE cannot be entered in the MED’PROFILE or the Physical Access Modes to MED’PROFILE for technical reasons. For more information, please consult the User Manual of MED’PROFILE and the User Manual of MED’PROFILE Card.

SWISS MEDBANK shall accept no liability regarding the Plus service operated by its partner SwissMedCall, and any damaging consequence which could be attributed to the services operated by SwissMedCall.

 

  1. Security information 

The customer is aware that the SWISS MEDBANK services are offered via the Internet which is a public network that is available to everyone. Despite the use of the modern security technology (e.g. SSL secure connection, encrypted Data transfer …) it is not possible on the part of SWISS MEDBANK SA or the Member or within the framework of the Data transmission to guarantee absolute security.

The Member shall take the necessary security measures (e.g. up-to-date virus protection firewalls) on his computer to which Third Parties could gain access. He must also bear the risks that arise from manipulation at his computer from misuse of his instruments of legitimation or access Data or within the framework of Data transmission. Furthermore, SWISS MEDBANK SA shall accept no liability for damage to the equipment of the Member or the Data stored in it due to technical inadequacies, prohibited manipulation at network installations, overloading or other malfunctions of the network and all other interruptions and inadequacies or illegal interference in the telecommunication facilities.

For more details about security, please consult our Privacy & Security Policy.

 

  1. Ownership rights, copyrights and rights of use

All the technology of the services SWISS MEDBANK SA provides to Members is exclusively owned by SWISS MEDBANK SA. SWISS MEDBANK SA delivers to each Member a right of access and execution on Software, for the world. This license is expressly limited to the time period of the relevant contract and is granted for a use strictly in accordance with the contractual finalities of this technology.

Each Physical Access Mode to MED’PROFILE and each copy of embedded Software remains the ownership of SWISS MEDBANK SA and is only provided/loaned to each Member. In consequence, the Physical Access Mode to MED’PROFILE shall be restituted at the termination of the present contract for any reason.

It must be presumed that content that can be called up on MED’PROFILE or made available by SWISS MEDBANK SA (e.g. via the website or in marketing e-mails) is, with the exception of the contents of individual MED’PROFILE, protected by copyright and that its use is authorized only with written consent from SWISS MEDBANK and from the relevant author and for remuneration insofar as this is not covered by this contract.

 

  1. Final provisions

SWISS MEDBANK reserves the right to change their services, prices and these GTU at any time without stating reasons unless this cannot reasonably be accepted by the Member. Changes shall be notified to the Member in a suitable way: communications by SWISS MEDBANK SA to Members may be made with valid status to the e-mail address registered in the system by the Member and when sent they shall count as having been carried out and issued. If the changes are disadvantageous for the customer, he shall have the right to terminate the contract as described above prematurely without financial consequences at the time when the contract alteration or price increases take effect. If termination is not effected within 30 days after the announcement, the changes or price increases shall be deemed to have been accepted by the customer (subject to section 6 above).

The records of the systems of SWISS MEDBANK SA concerning any actions or contractual agreement realized by the Member after the recording of its login and password shall be considered as biding until there is proof to the contrary.

If individual regulations of these GTU are or become ineffective, this shall not affect the effectiveness of the other regulations.

Any subsidiary agreements or agreements between the Member and SWISS MEDBANK SA must be in writing.

The place of performance shall be the registered office of SWISS MEDBANK SA.

 

  1. Applicable law and place of jurisdiction

All legal relationships of the customer shall be subject to Swiss law. The exclusive place of jurisdiction for all legal proceedings shall be the registered office SWISS MEDBANK SA insofar as nothing different is prescribed as compulsory by Swiss law. SWISS MEDBANK SA shall also have the right to take legal proceedings against the Member at the court of jurisdiction at his place of domicile or at any other court that has jurisdiction.