Welcome to gmcare.ch. This page tells you the terms on which you may use our website www.gmcare.ch/org/eu, whether as registered user or guest. Please read carefully before use. By using the site, you accept the terms and agree to obey them. If you don’t accept them, please don’t use the site.
2. About Us
www.gmcare.ch is operated by Global Medical AG, a Swiss company registered in Switzerland. Some important details about us:
Our registered office is at: Dorfstrasse 49, 8037 Zurich.
Our VAT number is: CHE-196.707.609
3. Use of the Site
You have permission for temporary use of the site, but we can withdraw or change our service at any time without telling you and without being legally responsible to you. You must treat all identification codes, passwords and other security information as confidential. If we think you have failed to keep confidentiality, we are allowed to disable any security information (including your passwords and codes). If you allow anyone else to use our site, you must make sure that they read these terms first, and that they follow them. Only use the site as allowed by law and these terms. If you don’t, we may suspend your usage, or stop it completely.
If you order goods or services from us through the site, your order will take place under our Terms and Conditions of Supply, which you can find on our website.
4. Intellectual Property Rights
We are the owner or licensee of all intellectual property rights in the site and in any of the material posted on it. They are protected by copyright. You are allowed to print one copy and download extracts of any page on the site for your personal reference, but not for commercial use without a licence from us. You must not alter anything, or use any illustrations, video, audio or photographs separately from the text that goes with them. If you breach these terms, you lose your right to use our site, and must destroy or return any copies you have made.
5. Our Legal Responsibility to You
We do not guarantee the accuracy of material on our site. As far as legally possible, we exclude legal responsibility for the following:
- Any loss to you arising from use of our site
- Loss of income, profit, business, data, contracts, goodwill or savings.
- We also exclude, as far as legally possible, all terms and warranties or promises implied by law or by statutes.
- We don’t exclude legal responsibility for death or personal injury owing to our negligence, or legal responsibility for fraud or fraudulent misrepresentation, or for anything else where exclusion is not allowed by the law.
6. Uploading to our Site
If you contact other users of our site or upload material to it, you must follow our acceptable use policy, which sets out standards for usage. You can read this policy below. You agree to reimburse us for any costs or expenses we incur as a result of any breach of this term.
Material that you upload will be regarded as non-confidential and not owned. This means that we can copy it, distribute it, and show it to other people for any purpose. You agree that if anyone else claims to own the material, or says that it breaches their rights, we can give them your identity.
We won’t be legally responsible to anybody for the accuracy of material that you upload to the site, and we can remove it at any time if we think it doesn’t follow our acceptable use policy.
7. Computer Offence
If you do anything which is a criminal offence under any law, your right to use the site will end straightaway. We will report you to the relevant authorities and give them your identity. Examples of computer misuse include introducing viruses, worms, Trojans and other technologically harmful or damaging material. You mustn’t try to get access to our site or server or any connected database or make any ‘attack’ on the site. We won’t be legally responsible to you for any damage from viruses or other harmful material that you pick up via our site.
8.Acceptable Use Of Website
8.1. What you must not do
You must not use the site to do any of the following:
- Break any laws or regulations
- Do anything fraudulent, or which has a fraudulent effect
- Harm or attempt to harm minors
- Do anything with material that does not meet our content standards (these are listed below)
- Do anything with unsolicited advertising material (known as spam)
- Transmit any data or material that is harmful to other programs, software, or hardware (for example, viruses, Trojan horses, worms, etc.)
- Copy in any way or re-sell any part of our site (unless we allow it under our website terms)
- Interfere with or damage any part of our site, equipment, network, software or storage arrangements.
8.2. Content Standards
Here are our content standards. They apply to all material that you contribute to our site and to all interactive services. You must follow these standards carefully, but please also follow the spirit of them. Your contributions must be: Accurate (if they are factual), Genuine (if they state opinions), Within the law. Your contributions must not be: Defamatory, obscene or offensive, Likely to deceive, harass, annoy, threaten, or invade someone else’s privacy. And they must not:
- Promote material that is sexually explicit
- Promote violence, or discrimination based on race, sex, religion, nationality, age, disability, or sexual orientation
- Infringe anyone else’s intellectual property
- Be used to impersonate anyone, or misrepresent anyone’s identity
- Encourage or assist anything that breaks the law.
8.3. Interactive Services
Our standards for interactive services, such as chat rooms and bulletin boards, are as follows:
- We will tell you clearly about the service
- We will tell you what form of moderation we use for the site
- We will try to assess risks on the site (especially for children) and will moderate if we think it is appropriate.
Please note, however, that we are not required to moderate our interactive service. We will not be responsible for any loss to anyone who does not use our site according to our standards (whether or not we have moderated the service).
8.4. Important Notice for Parents
Use of our interactive service by a child is subject to parental consent. If you permit your child to use the service, we advise you to explain the risks. Moderation is not always effective. Please contact us if you have a concern about moderation.
8.5. Suspension and Termination
If we think you have breached this policy, we will take whatever steps we think are necessary. These might include:
- Stopping your use of the site temporarily or permanently
- Removing material you have put on the site
- Sending you a warning
- Taking legal action
- Telling the right authorities.
We exclude legal responsibility and cost for actions we take to deal with your breach of our policy.
9. Links to Our Site
You are allowed to make a legal link to our website’s homepage from your website if the content on your site meets the standards of our acceptable use policy. We can end this permission at any time. You mustn’t suggest any endorsement by us or association with us unless we agree in writing.
10. Links From Our Site
Links from our site to other sites are only for information. We don’t accept responsibility for other sites or any loss you suffer from using them.
We change these terms from time to time and you must check them for changes because they are binding on you.
12. Trade Mark
Global Medical and Global Medical Care are our registered trademarks.
13. Applicable Law
13.1 The Parties will use their best efforts to negotiate in good faith and settle any dispute that may arise out of or relate to this Agreement or any breach of it.
13.2 If any such dispute cannot be settled amicably through ordinary negotiations between the Parties, or either or both is or are unwilling to engage in this process, either Party may propose to the other in writing that structured negotiations be entered into with the assistance of a fully accredited mediator before resorting to litigation.
13.3 If the Parties are unable to agree upon a mediator, or if the mediator agreed upon is unable or unwilling to act and an alternative mediator cannot be agreed, any party may within 14 days of the date of knowledge of either event apply to our lawyer to appoint a mediator.
13.4 Within 14 days of the appointment of the mediator (either by mutual agreement of the Parties or by our lawyer in accordance with their mediation procedure), the Parties will meet with the mediator to agree the procedure to be adopted for the mediation, unless otherwise agreed between the parties and the mediator.
13.5 All negotiations connected with the relevant dispute(s) will be conducted in confidence and without prejudice to the rights of the Parties in any further proceedings.
13.6 If the Parties agree on a resolution of the dispute at mediation, the agreement shall be reduced to writing and, once signed by the duly authorised representatives of both Parties, shall be final and binding on them.
13.7 If the Parties fail to resolve the dispute(s) within 60 days (or such longer term as may be agreed between the Parties) of the mediator being appointed, or if either Party withdraws from the mediation procedure, then either Party may exercise any right to seek a remedy through arbitration by an arbitrator to be appointed by our lawyer.
13.8 Any dispute shall not affect the Parties’ ongoing obligations under the Agreement.
13.9 Zurich courts have the only right to hear claims related to our site, and all disputes are governed by Swisslaw and all disputes will be done in English.
14. Contact Us
Please email us at [email protected] to contact us about any issues.