Terms and conditions
Introduction
By accessing or using the website www.affidea.ch
(hereinafter: “the Website”) as a guest or a registered user, you acknowledge the Terms and Conditions set out below (hereinafter: “Terms and Conditions”) as if you had signed this agreement with Affidea SA (hereinafter: “Affidea”; “we”). Please therefore ensure that you (referred to as “user”, “you”, “your”) have read these Terms carefully.
If you do not agree with these Terms, please do not use the Website.
We reserve the right, at our sole discretion, to change, amend, supplement, or remove parts of these Terms at any time and without notice. We accept no liability. Please review these Terms regularly for changes. By using the Website after we have made a change to the Terms, you are deemed to have accepted those changes.
These Terms may be supplemented by additional provisions relating to specific content and activities. You agree and acknowledge that such additional provisions may form part of these Terms and Conditions.
You are solely responsible for making the necessary arrangements to access the Website. You are also responsible for ensuring that anyone who accesses the Website via your internet connection is aware of and complies with these Terms.
Access for registered users
Access to certain parts of the Website, or in some cases the entire Website, may be restricted to registered users. Different terms apply to registered users, which must be separately accepted by the user on the relevant pages.
Proper use of the Website
It is not possible to provide an exhaustive list of what constitutes proper and improper use of the Website. In general, Affidea does not tolerate use of the Website that could or would damage our reputation, availability, or integrity. Use that could or is likely to expose Affidea to liability, fees, or other legal consequences is likewise prohibited. We therefore ask you to treat our Website with respect, and not to use it for unlawful purposes or in a manner that infringes the rights of third parties, causes us harm, or exposes us to risk. We also ask you to observe all notices, guidelines, and terms issued by third-party websites, products, or services that you may access via our Website.
We reserve the right to suspend use of the Website or block access to parts of the Website and/or suspend your rights to use the Website or any part thereof if we suspect misuse. Any misuse of the Website will be reported to the competent authorities and our legal advisers.
We also reserve the right to disclose direct or indirect indications of improper use of the Website.
If your use of this Website violates the laws of your location of use (whether due to the content of the Website or other legal provisions), this Website is not intended for your use. In such case, we ask you to stop using the Website. You are responsible for complying with the law applicable in your jurisdiction of use.
Intellectual property
All elements contained on or accessible via the Website, including but not limited to: texts, photographs, images, graphics, illustrations, logos, icons, sounds, videos, software, compilation, collection, arrangement, and assembly, including the visual context, are protected by Swiss copyright law and relevant international conventions and are the property of Affidea or the original creator of such materials, whose use is licensed and controlled. All rights reserved.
Such materials may only be used to view the Website in the normal course of use and as an information source for the purchase of products and/or services offered by the Website. Any other use of such materials, including copying, reproduction, modification, sale, distribution, extraction, reuse, transmission, editing, downloading, display, publication, performance, or other exploitation by any means and without prior written authorisation of the copyright holder, is strictly prohibited.
None of the trademarks on the Website may be used without our prior written permission.
All material contained and published by Affidea on the Website is intended for the user’s non-commercial use. Subject to these Terms, we grant you a non-exclusive, non-transferable, limited right to access and use the Website and the aforementioned elements. Notwithstanding the permitted use of such materials, no rights, title, or interest in them are granted or transferred to you.
You may print one copy and download extracts of any page of the Website for your personal information. You may also draw the attention of others to articles published on the Website. You must not modify paper or digital copies of materials you have printed or downloaded in any way. You must not use illustrations, photographs, video or audio clips, or graphics separately from the accompanying text. Ownership of Affidea (and contributors to the Website) as well as that of the authors of Website content must always be acknowledged. You must, on our request, return or destroy all copies of Website materials. If you print, copy, or download any part of the Website in breach of these Terms of Use, your right to use the Website will cease immediately.
You must not use any material from the Website for commercial purposes without obtaining written permission from Affidea or our copyright holder(s).
Disclaimer of warranties
Affidea takes necessary steps to ensure that all information provided on the Website regarding our services is kept up to date. We make no warranty as to its accuracy or completeness.
Despite the necessary measures we take to ensure the Website is available to all authorised users, we do not guarantee that the Website will always be available or that the Website and its server are free from attacks.
The Website is provided on an “as is” basis. To the fullest extent permitted by applicable law, Affidea disclaims all express or implied warranties. Likewise, neither Affidea, our partners, our service providers, nor our suppliers guarantee that the Website or any of its functions are error-free, that defects will be corrected, or that the Website or servers providing it are free of viruses or other harmful components.
Affidea makes no warranty as to the use of or results from the use of materials on the Website in terms of accuracy, performance, reliability, or otherwise. You, as the user, are solely responsible for any damage to your computer system or loss of data resulting from downloading products, offers, content, or materials.
Please note that no warranty is given beyond these terms for any advice or information you obtain via the Website.
These disclaimers apply to the fullest extent permitted by law.
Limitation of liability
The user agrees (to the extent permitted by law) that Affidea is not liable for damages of any kind, whether direct, indirect, incidental, special, consequential, or otherwise (even if we have been advised of the possibility of such damages), arising out of or resulting from:
- the use of, or inability to use, the Website;
- the use of any content or other part of the Website;
- other websites linked to this Website;
- unauthorised access to or alteration of your information and personal data;
- interference by third parties with the Website or conduct of third parties on the Website; or
- any other matter relating to the Website.
We do not exclude liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other matter which cannot be excluded or limited under applicable law.
In no case shall Affidea’s total liability for damages, losses, and other causes of action exceed the amount you have paid to Affidea in connection with the above-mentioned services.
If you are dissatisfied with the Website or any part of the Website, your sole and exclusive remedy is to stop using the Website.
These Terms do not affect Affidea’s liability where applicable law requires that liability cannot be limited or excluded.
Reliability of information
We strive to ensure that the information published on the Website is accurate and reflects current knowledge and accepted practice. However, medical knowledge and practice are constantly evolving. Individual cases may require specific advice which cannot be provided within the scope of a website. Therefore, the Website serves information purposes only. It is not a substitute for consultation with a qualified healthcare professional.
In particular, we cannot guarantee that the information provided on the Website meets the medical requirements of the user. Therefore, the accuracy of the information on the Website is not guaranteed and may be subject to change. For this reason, Affidea cannot accept responsibility for any losses, damages, or expenses arising from the use of the information provided.
Accordingly, we disclaim all liability, regardless of the reliance placed on such information and regardless of who accesses our Website.
Parts of the Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted to the Website complies with national and international laws. Affidea is not responsible for errors or inaccuracies in advertising material.
Use of the Website
The user agrees not to use the Website, and not to encourage or permit third parties to use the Website, for the following purposes:
- to gain unauthorised access to the Website, its server, or other servers, computers, or databases connected to the Website;
- to interfere with or harm the operation, quality, or integrity of the Website or of a communications network;
- to retrieve or collect information about other users without their consent, including their emails;
- for any commercial purpose, including direct or indirect marketing, competitions, or collusion, nor to use the Website to send chain letters, junk mail, spam, mass mailings, or unsolicited messages, advertising, or promotional material, or to induce others to do so;
- to distribute, download, or transmit material containing viruses or other harmful or destructive programmes;
- to attack the Website through a service contrary to the Terms, regardless of the internet service you use.
Links
The Website contains links to third-party websites. These are provided solely as a convenience to the user. They do not constitute an endorsement of the content of such linked websites. We are not responsible for the content of third-party websites. We accept no responsibility for the content or accuracy of any part of these websites. If you choose to access linked websites, you do so at your own risk and subject to the current terms of those websites.
Affidea welcomes the use of hyperlinks from other appropriate websites, and such links appear on the homepage. However, establishing such links is subject to our prior approval. We reserve the absolute right to refuse links without giving reasons.
Outside the homepage, written request is required for establishing links to the Website. All links from other websites must be presented in a way that does not distort the viewing of our Website through framing or similar techniques, which could alter the user experience of our Website or create doubt as to the origin of the link.
Data protection
We are committed to protecting your privacy and security. All personal data we collect is handled in accordance with our Privacy Policy. Please review our Privacy Policy, which also forms part of these Terms.
By accessing the Website, the user acknowledges that information transmitted over the internet cannot be protected from third-party interference. Accordingly, Affidea cannot guarantee the security or confidentiality of user information transmitted over the internet. The user is responsible for communications on the Website, including their legality and accuracy.
Additional provisions
These Terms (including the Privacy Policy and, for users booking appointments via the Website, the Online Appointment Agreement) constitute the entire agreement between Affidea and you with respect to your access to and use of the Website and all third-party websites linked to via the Website.
If any provision of these Terms is unlawful, void, or for any reason unenforceable, that provision shall be deemed severable. It shall not affect the validity and enforceability of the remaining provisions.
The failure or delay to exercise any right or remedy provided by these Terms or by law shall not constitute a waiver of that right or remedy.
Governing law
The Website was created and is operated by Affidea. These Terms shall be governed by, construed, and enforced in accordance with applicable Swiss law.
The user unconditionally and irrevocably submits to the personal and exclusive jurisdiction of the Swiss courts. Users accessing the Website from outside Switzerland are responsible for compliance with local laws applicable to such matters.
