Terms of Use

By using Swiss Medtech APP, you acknowledge that you have read and understood these Terms of Use and that you accept and agree to be bound by them in full. If you do not agree to these Terms of Use, do not use any portion of the System or the Services.

 

In addition to describing the permitted uses of the System, these Terms of Use will provide you information on the following topics:

How we will notify you of changes in these Terms of Use

  • Information on where to find our Privacy Policy,

  • Notice of your obligation to protect the security of your account and password,

  • Additional terms relating to your use of the Swiss Medtech APP,

  • Notice of the types of use of the System that are prohibited and/or unlawful,

  • Liability disclaimer that limits our liability to you,

  • General provisions such as the governing law and additional disclaimers,

  • Information on how to contact Swiss Medtech APP with any questions or comments about these Terms of Use or the System.

 

Changes to the Terms of Use

We may update or modify these Terms of Use at any time effective upon posting the revised Terms of Use, along with the date on which it was most recently updated, on the Sites. We may give notice of such updates and modifications by any means, including without limitation, by posting a revised version of these Terms of Use on the Sites, or providing other notice on the System (“Notice”). All Notices will be effectively immediately. You should view these Terms of Use often to stay informed of any changes that may affect you. Your continued use of the System and/or the Services thereafter signifies your acceptance to such changes.

The version of these Terms of Use posted on the System on each respective date you visit the System will be the Terms of Use applicable to your access and use of the System and Services on that date. Our electronically or otherwise properly stored copies of these Terms of Use and the Privacy Policy shall be deemed to be the true, complete, valid, authentic, and enforceable copies of the version of the Terms of Use and the Privacy Policy that were in force on each respective date you visited the System. We reserve the right to terminate these Terms of use, or to refuse, restrict, or discontinue access to the System or use of the Services (or any portions, components, or features thereof) to you or any other person or entity, for any reason or for no reason whatsoever, at any time, without notice or liability.

Usage of personal data and Privacy Policy

Swiss Medtech APP’s privacy policy (the “Privacy Policy”) applies to your use of the System and the Services, and its terms are made a part of these Terms of Use by this reference. To view Swiss Medtech APP’s Privacy Policy, please read it on our website. We encourage you to read and become familiar with our privacy practices, as described in the Privacy Policy.

Accounts, Passwords, and Security

In order to access the System, you must create an account with Swiss Medtech APP and complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form, including choosing a password and user name. You acknowledge and agree that you are not permitted to create more than one account on the System. You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the System registration mechanism (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, non-current or incomplete, or Swiss Medtech APP has reasonable grounds to suspect that such information is untrue, inaccurate, non-current or incomplete, Swiss Medtech APP has the right to suspend or terminate your account and refuse any and all current or future use of the System. You are entirely responsible for maintaining the confidentiality of your password and account and for all activities that occur under your account. You agree to (a) immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware, and (b) exit completely from your account at the end of each online session. We will not be liable for any loss that you may incur because of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by us or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder. You understand that you may voluntarily terminate your use of and delete your account from the System by using the applicable deactivation mechanism provided on the System.

In consideration of your access to and use of the System, you represent that you are of legal age to form a binding contract and are not a person barred from accessing or using the System under the laws of the applicable jurisdiction. Only individuals who are of legal age to form a binding contract under applicable law (i.e., eighteen (18) years of age or older in most jurisdictions) are permitted to create an account or register to use the System.

The Swiss Medtech APP

To use the Swiss Medtech APP mobile application (the “Swiss Medtech APP App”), you must have a compatible mobile device. Swiss Medtech APP does not warrant that the Swiss Medtech APP will be compatible with your mobile device.

If you access the Swiss Medtech APP using an Apple iOS or Android powered device, Apple Inc. or Google, Inc., and their subsidiaries, respectively, shall be a third-party beneficiary to this contract and you agree that these third-party beneficiaries have the right to enforce these Terms of Use against you. However, these third-party beneficiaries are not a party to these Terms of Use and are not responsible for the provision or support of the Swiss Medtech APP. You agree that your access to the Swiss Medtech APP shall also be subject to the usage terms set forth in the applicable third-party beneficiary’s terms of service.

The Swiss Medtech APP may automatically download and install updates from time to time or require the downloading and installation of updates or new versions for continued use. You acknowledge that in some instances updates and/or new versions may reduce or remove features and functionality in prior versions of the Swiss Medtech APP. 

License Grant

Swiss Medtech APP grants you a personal, non-transferable, and non-exclusive right and license to use the Services via the System solely for your internal use, and subject to the condition that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in or access to the System or access to any products, information, or other content available therein.

You agree not to use or launch any automated system (including "robots," "spiders," or "offline readers") that access the System in a manner that sends more messages, requests, information, or content in a given period of time than can be reasonably performed by a human being. You further agree not to modify the System or any part thereof, in any form or manner, nor to use any modified versions of the System or other Swiss Medtech APP products, software, or other content in order to gain unauthorized access to the System, or for any reason whatsoever, without the express written consent of Swiss Medtech APP. You may not attempt to gain any unauthorized access to the System or any of its associated content, including computer systems, software, or networks.

No commercial use or redistribution of any content, software, or other Swiss Medtech APP products is permitted, unless expressly specified in a prior agreement between you and Swiss Medtech APP.

Swiss Medtech APP reserves the right, in its sole discretion, to terminate your access to the System and the related Services or any portion thereof at any time, without notice.

No Unlawful or Prohibited Use

As a condition of your use of the System or Services, you agree that you will not use the System or Services for any purpose that is unlawful or prohibited by these Terms of Use. You also agree to reimburse us for any damage, loss, cost or expense we incur, including any legal fees, because of your use of the System or the Services for an unlawful or prohibited purpose.

You may not use the Services in any manner which could damage, disable, overburden, or impair the System or interfere with any other party's use and enjoyment of the System or Services. Furthermore, you may not probe, scan, test the vulnerability of, or breach any security or authentication measures of the System. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the System. Also, you may not register or attempt to register, any party for use or access to the Services, unless expressly authorized by such party to do so.

The System may contain profiles, news feeds, chat areas, news groups, forums, communities, personal pages, calendars, and/or other message or communication facilities designed to enable you to communicate with a specified group or generally (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others,

  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information,

  • Upload, post, transmit, or otherwise make available any contribution that infringes any patent, trademark, trade secret, copyright, or other proprietary right of any party,

  • Upload, post, email, transmit, or otherwise make available any material or content that contains viruses, or any computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any software or computer hardware or other telecommunications apparatus or otherwise damage the property of another entity or person,

  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner,

  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded,

  • Restrict or inhibit any other user from using and enjoying the Communication Services,

  • Violate any code of conduct or other guidelines which may be applicable for any Communication Service,

  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent,

  • Violate any applicable laws or regulations,

  • Harm minors in any way,

  • Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity,

  • "Stalk" or otherwise harass another person,

  • Use the System to conduct pyramid schemes, multi-level marketing or similar solicitations,

  • Use any robot, spider, scraper, or other automated or manual means to access the System or the Services, or copy any System Content or information thereon, or

  • Delete or revise any contribution made by another person or entity without their express consent, unless such activity is expressly permitted by the Service used.

Swiss Medtech APP has no obligation to monitor the Communication Services and cannot access the details of your interactions with other users. However, Swiss Medtech APP reserves the right to terminate your access to any or all the Communication Services at any time without notice for any reason whatsoever.

Swiss Medtech APP reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Swiss Medtech APP’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children via the Services. Swiss Medtech APP does not control or endorse the content, messages or information found in any Communication Service and, therefore, Swiss Medtech APP ME specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

All content posted, uploaded, inputted, or submitted by you via the System is at your own risk and you hereby represent and warrant that you have the full legal right to so use such content and that it is not confidential or proprietary to any third party, nor are you using it in violation of any law or contractual restriction.

Copyright and Proprietary Rights

Subject to the provisions of these Terms of Use relating to the ownership of personalized data, the System is the property of SAS Papott and is protected by International copyright laws. All copyright, trademark, patent, and other proprietary rights on System and in the software, text, graphics, design elements, audio, music, and all other materials contributed or used by Swiss Medtech APP in creation of the System or provision of the Services ("System Content") are reserved to Swiss Medtech APP and any other owners who have granted Swiss Medtech APP the right and license to use such System Content. You may not reproduce, upload, post, transmit, download, or distribute any part of the System Content or information accessed at other sites through links made at the System ("Other Sites").

You may not modify the System, Other Sites, or any material residing on such sites, except as specifically instructed or allowed in such sites. You shall observe copyright and other restrictions imposed by Other Sites. You may not use the System or Other Sites in any manner that infringes on the rights of any person or entity.

Indemnification

You agree to indemnify, defend and hold Swiss Medtech APP and its affiliates harmless from and against all claims, demands, suits or other proceedings, and all resulting loss, damage, liability, cost, and expense (including attorneys' fees), brought by any third party in connection with or arising out of content, data, or information that you submit, post to, or transmit through the System or Services, your access to and use of the System and/or Services, your violation of these Terms of use, your violation of any applicable law, regulation or code, or your violation of any rights of another. We reserve, and you grant to us, the right to assume exclusive defense and control of any matter subject to indemnification by you hereunder. All rights and duties of indemnification that are set forth herein shall survive termination of these Terms of use.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THE SYSTEM MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION ON THE SYSTEM. Swiss Medtech APP, OUR PARTNERS, AFFILIATES, AND/OR OUR SUPPLIERS AND LICENSORS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SYSTEM AT ANY TIME.

Swiss Medtech APP, OUR PARTNERS, OUR AFFILIATES, AND/OR OUR RESPECTIVE SUPPLIERS AND LICENSORS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON OR OBTAINED THROUGH THE SYSTEM FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. Swiss Medtech APP, OUR PARTNERS, OUR AFFILIATES, AND/OR OUR RESPECTIVE SUPPLIERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. Swiss Medtech APP AND OUR PARTNERS MAKE EVERY EFFORT TO PROTECT YOUR SECURITY, BUT, BECAUSE THE INTERNET IS AN INSECURE MEDIUM, NEITHER Swiss Medtech APP, NOR OUR PARTNERS, AFFILIATES, OR SUPPLIERS MAKE ANY REPRESENTATION OR WARRANTY THAT ANY TRANSACTION CONDUCTED THROUGH THE SYSTEM WILL NECESSARILY BE SECURE. 

IN NO EVENT SHALL Swiss Medtech APP, OUR PARTNERS, OUR AFFILIATES, AND/OR OUR RESPECTIVE SUPPLIERS AND LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SYSTEM OR WITH THE DELAY OR INABILITY TO USE THE SYSTEM, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THE SYSTEM, OR OTHERWISE ARISING OUT OF THE USE OF THE SYSTEM, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ANY OF Swiss Medtech APP, OUR PARTNERS, OUR AFFILIATES, AND/OR OUR RESPECTIVE SUPPLIERS AND LICENSORS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

IN NO EVENT WILL THE AGGREGATE LIABILITY OF OUR PARTNERS, OUR AFFILIATES, AND OUR RESPECTIVE SUPPLIERS AND LICENSORS FOR ANY DAMAGES ARISING OUT OF OR RELATED TO ANY DEFAULT HEREUNDER, REGARDLESS OF THE FORM OF THE ACTION, EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU FOR USE OF THE SYSTEM. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Contact Swiss Medtech about our Terms of Use and Privacy Policy

If you have any questions or comments about these Terms of Use or other Swiss Medtech APP policies relating to use of the System, please contact us at smd@swiss-medtech.ch.

These Terms of Use were last updated and posted on August 2020.

Freiburgstrasse 3, 3010 Bern, Switzerland

smd@swiss-medtech.ch | Tel: +41 31 330 97 79

© 2020 by Swiss Medtech

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