GMCARE.CH User Agrement

NOTE: Before using our website, we recommend you to read the below-mentioned conditions carefully. If you access our website, use it and make use of the services, this means that you accepted the data protection agreement and the user agreement.

 1. Definitions:

Site: The website gmcare.ch

Service: All products and services offered on the website

User, you, member: Everyone who visits the website or signs up on the website.

2. Conditions of Use:

By using or visiting our website you accept the privacy policy and the user agreement and declare to have read it before. Any additional or specific declaration of an agreement is not needed.

Therefore accept the users of the website all determinations and conditions of the user agreement and the privacy policy and obligate themselves to attend these determinations and conditions and to not act contradictorily. Those obligations value for this and all following uses. In different places, Global Medical AG can require a confirmation of this agreement and additional conditions from the user. If the user does not accept these conditions, the user should stop reaching and using the site and if he/she is using it now, he/she should stop immediately using it and possibly available user accounts have to be deleted by the user. The use of the website is only possible with the acceptance of this user agreement. User issued or other further conditions of use are rejected and not permitted.

The purpose of the website is to inform the user about the mediated services and give them the opportunity to order or purchase these services.

3. Modifications/Tracking of Conditions of Use:

In order to provide the users always the best possible services, the site is actualised regularly. With this actualizations or renewals, services offered may change.

The GMCARE.CH website is property of Global Medical AG. Therefore reserves Global Medical AG modifications of the user agreement and other instructions on the site anytime. Such modifications are valid and binding from the day of publication on the website. The user is obligated to follow these actualizations by himself. The website is not obligated to inform each user about modifications. With the further use of the site, the user declares to have accepted the modifications. If a user does not accept the actualized conditions of use, he should stop its usage use and possibly available user accounts have to be deleted by the user.

4. Use of Services and Content:

The services of the website are subject to the here mentioned, written conditions.

i.Permitted to the use of the website are only users that access the website directly.

ii.Without a written consent of Global Medical AG, the website may not be placed on other websites.

iii. Information about third parties and quotations that are published on this website only aims to give information. Global Medical AG and/or the owner of these contents have the right to modify these contents and their conditions without any preannouncement.

  1. The users of the website and services are responsible for themselves for any risks arising due services or due to the intermediation the website. Global Medical AG does not assume any responsibility or gives guarantees for services offered by third parties and possible damages arising from these services or products.
  2. Global Medical AG (exempt from any obligation) reserves the right to observe, examine, modify, reset, delete partly or completely or limit the access to contents uploaded by users or service providers, in case of suspicion of inappropriate or harmful articles/contribution.
  3. To protect the integrity of the website, GLOBAL MEDICAL AG can deny the access of certain users on the basis of their IP address anytime on its own initiative.

5. Responsibility in relation to the website and the content:

With the use of the website, the user accepts the user conditions as well as all costs, expenses, taxes arising from this. Independent of its source, the user has the right to act or not to act based on the content of the services shown on the website or any communication done over the website. The user assumes all legal consequences arising from this act. Global Medical AG does not assume any responsibility.

6.Exclusion of Warranty

i. This website and services mentioned are summited to the user’s benefit as is. Global Medical AG does not, as far as legally permitted, issue any specific or general warranty in relation to the website and the services presented there, neither in verbal nor in written form.

ii. Global Medical AG does not guarantee that the website and services are free of fault and that their defects will be eliminated or the servers which are hosting this site or links on the website or external links of third parties are virus free and do not contain any malware. Although GLOBAL MEDICAL AG, took related measures against viruses on the website, it does not provide any guarantee in this subject. The user himself has to install an anti-virus program and make arrangements to that effect.

iii. Global Medical AG does not express or implies any commitment that the website and the services that are offered, will fulfill all expectations, goals and specific needs and that they work without interruption and in an appropriate quality. Global Medical AG is not responsible against users for any losses or damages like loss of profit, secondary damages or indirect damages that arise based on the use of the website, the services or the content of the services.

iv. Global Medical AG reserves the right to tie the services to some pre-requisites, modify services, delete the website and its entire content, delete or add services, modify the visual design, actualise or set down the website, as well as to introduce a fee for the use of the website or the services without given a pre-notice.

v. Global Medical AG does not assume any responsibility for

– any errors during the use of the website, like interruptions, delays in the information transfer, computer virus, internet and power outage, direct or indirect damages,

– losses or expenses that arise from non-transfer of information on the website (even if they are informed about the possibility of a damage)

– information that has not been forwarded from third parties or the clinics to gmcare.ch.

Also for other websites that give links to gmcare.ch, no matter if this is with or without Global Medical AG’s permission, Global Medical does, as these links cannot be controlled, not assume any responsibility.

vi. To this effect, Global Medical AG is not responsible in any way for material or non-pecuniary damages due to errors on the website that arise from the content of the information and pictures.

7. Upper or Lower Links

On the website, there may be upper or lower sites that are not controlled by Global Medical AG and managed by third parties and connections to these sites can be established or links/information about them can be given. Global Medical AG is not responsible for the personal information given, the security, the content, the privacy policy and the accessibility of these websites. Global Medical AG cannot be held responsible for the private information given to these sites, content used and services mentioned on these sites and these sites’ privacy policy and their implementations. This also values for websites that are indicated by other users.

If users reach upper or lower sites that are managed by third parties and make use of products or services or make any reservations etc., they have to close a separate contract with these third party. Global Medical AG will definitively not be a part of these contracts under any name.

8. Membership Conditions:

i. Registration: It is necessary to register before being able to buy a service on gmcare.ch. Global Medical AG can offer different kinds of membership categories and change existing ones. During the registration or sales process, some personal, health and contact information may be requested, prices of services may be asked fully or partially or some restrictions on some services may be introduced.

2. Membership information: Members or users are responsible for all data that are introduced during the registration, typed or placed to the website, such as (i) information about the identity, (ii) contact and health information or (iii) other user managed contents. All transactions that are executed through the user account are ascribed to the user and are mandatory. The information that is indicated while the registration is considered as being actual, correct and reliable. To save the username and password is part of the user’s responsibility. The user/member is obligated to change his password regularly. In case of wrong, illegal or unauthorised use of the account, Global Medical AG does not accept any responsibility. In case of damages of Global Medical AG or any third parties arising from an unauthorised use, the user/member who cause this damage is hold responsible. Therefore, the user/member is responsible himself for all transactions that are executed through this account. Member/user confirms and guarantees hereby that all information given on the website are reliable, exact, true, not misleading, not impinging upon someone’s rights, legal, in good faith and that this information can be sent or forwarded by them. If member/user believe that his account is used by unauthorised persons or his password has been stolen, he is obligated to take the necessary measures and contact Global Medical AG immediately.

User/members y are liable indefinitely for direct or indirect damages that are created and arise from their gross negligence or unlawful intentions.

9. Rights of Intellectual Property

i. The rights of intellectual property of this website belong to Global Medical AG. Unless mentioned otherwise, the logo, brand, names, other elements, contents, software, information, articles, pictures, graphics are evaluated as intellectual property of Global Medical AG and are therefore protected by copyright or other licensing rights.

As long as not particularly specified, the terms written here do not give the users the right to use or to demand any right about them. All services offered by Global Medical AG on the website gmcare.ch, all data, efforts, copyrights, trademarks, trade dress or any kind of materials on the website, property holdings, property rights, personal rights, business information and all rights for the know-how are reserved and in the intellectual property of Global Medical AG.

ii. Global Medical AG gives users non-exclusive, non-transferable, exchangeable licenses to guarantee the limited personal use of the website and its services. All rights of intellectual and commercial property outside of the indicated use, belong to Global Medical AG. This licenses to use does not contain any specific or general licences or any other financial rights.

iii. Global Medical AG may use opinions or views that Global Medical AG receives by e-mail or over the website from the user according its interest. The user accepts and declares that he is not authorised to enforce any rights in relevance to opinions or views that he shared.

iv. This website shall not be copied in any ways (i.e. printed (partly or entirely), saved on a disc/USB, copied on another website or downloaded). The website shall not be duplicated (distribution of copies included), shared, distributed, published, translated to another language, saved or modified, as well as its content cannot be modified in any way. All information and materials on the website shall not be used after any kind of redesign, modification or additions. The use of copied elements of the website including any forms and any kind of resampling is not allowed. The user is not authorized to use the website partly or entirely or to link other websites with it without the written consent of Global Medical AG.

v. The logo, brand and other textual materials of the services offered on the website that are provided by third parties belong to these third parties. Registered brands, services or logos etc. belonging to third parties cannot be removed even if some quotations are taken from the website.

vi. It is accepted that all user generated information or acts that are shared, sent or forwarded to the website or r forwarded to third parties over the website and any personal information publicly shared on the website by the user is not considered as confidential anymore from the moment they are published on the website and are free of any copyrights. It is accepted that when users share personal information or information that is protected by the copyright, the users have legal right to publish them. Users assume all responsibility for everything the shared with and through the website.

vii. User promise hereby to not save any data or content of the website or reach to its databases. The users declare to not duplicate (partly or entirely), modify, distribute online or on other ways any details of our website or databank (like but not limited to products, information, pictures, texts, symbols, acoustic and visual pictures, video clips, documents, websites, software codes, HTML codes and other codes, design, catalogues and lists). Independent in which way, the user agrees to not compete with Global Medical AG.

10. Record of Visitor’s Information

When the website is visited, its servers start to collect automatically information to enable the communication with the users’ computer. On top, the followings are monitored, protocolled and stored: number of visitors, preferred areas of the website, IP-addresses, domain, web browser, date and time of the demand etc. Further personal information is only recorded, if you indicate it voluntarily, for example, in the framework of a demand or registration. This information may also be forwarded to third parties to realize the service or services related to the main service or stored to improve service level provided by Global Medical AG or provide new services. The patient agrees hereby that Global Medical AG is authorised to collect, save, use and treat this data. Global Medical AG itself observes the security provisions in the framework of the technical standards and take respective precautions. We aim to store your personal data by catching all technical and organizational possibilities in a way that third parties cannot reach to them. However, Global Medical AG are not responsible if personal data is intercepted by third parties illegally despite the precautions taken.

 11. Prohibition of Intervention

The security of the website and its services may not be breached; even the attempt to breach this security is prohibited. In case of such violation, the valid criminal procedure will be initiated and a trial will be opened. The person or persons that executed the violation can be held responsible for civil, financial and criminal means.

 12. Violation of Conditions of Use

In case of breach of this contract in any way or if a violation persists, regardless if it is executed or not yet, Global Medical AG has the right to delete data from its system or to not accept them. This is executed without any announcement. We reserve the right to shut down, terminate (without any obligation) or delete user accounts for a certain time. This also values if your account has been used by third parties. Global Medical AG reserves the right to initiate legal ways if needed. If Global Medical AG doesn’t use or apply the here written legal rights and measures, this doesn’t mean that Global Medical AG gives up from this rights or accepts the violation.

13. Termination/Access Restriction

The user may, if there are no other contracts or conditions issued by the website, end up the use of the website anytime without restrictions or announcements. The user has to follow the account deletion procedure if mentioned on the website. Global Medical AG itself may terminate the membership, block, limit or stop the access without announcement in the following cases:

  • In case the user violates any term and conditions mentioned on the website
  • If the user does have the right to use due to legal restrictions
  • If GLOBAL MEDICAL AG terminates the relationship to third parties and their services that are subject to the use of the website by the user
  • If the legislation or other administration institutions order such decision
  • If on legal directive the access to the site has to be stopped
  • If GLOBAL MEDICAL AG decides on own interest to close, shut down or delete the website

14. Records

All computer records saved over gmcare.ch website or its servers, notifications sent by Global Medical AG by e-mail or regular post value as exclusive documentary evidence. Only these documentary evidences can be used exclusively if any disagreements arise through the use of the website or the services between Global Medical AG and users.

15. Transfer

Global Medical AG may assign this contract partly or entirely anytime without warning.

Copyright(c) Global Medical AG

www.gmcare.ch All rights reserved. All rights are on the property of Global Medical AG. Any unauthorised use is illegal.

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