General terms and conditions

These General Terms and Conditions regulate the contractual relationship between the user (holder of a MEDNETPATIENT.SWISS account) and novcom AG on the use of the electronic health dossier MEDNETPATIENT.SWISS. The user can call up, print out, download or save the valid General Terms and Conditions under the link AGB that can be accessed from his MEDNETPATIENT.SWISS account.
1. Object of contract

The electronic health dossier MEDNETPATIENT.SWISS is an offer of the service provider for natural persons (users). The commercial use of MEDNETPATIENT.SWISS is prohibited, with the exception of healthcare professionals who provide services for MEDNETPATIENT.SWISS users and who may access their data for this purpose.

The service provider provides the user with applications and services that allow him to process and store his personal health data in electronic form. In addition, the user has the opportunity to purchase goods and services.

The user is solely responsible for what data he files in his personal health file and that he has the necessary consents and rights for data from third parties. He may change, supplement or delete this data at any time. He may also grant other users and medical service providers the right to view or process his data. The user can withdraw these rights from these other users or medical service providers at any time.

Services and offers provided by third parties are not subject of this contract, even if they are mediated via MEDNETPATIENT.SWISS or the service provider. In such cases, the respective provider on the basis of his contractual conditions is the sole contractual partner of the user. Services and offers of third party providers are marked or recognizable as such. Services and offers concerning MEDNETPATIENT.SWISS patient portal for service providers, cost carriers and other services and offers agreed separately with the service provider by the user are also not subject of the present contract.

2. Services of MEDNETPATIENT.SWISS

By using the MEDNETPATIENT.SWISS service, the user can access his electronic health file at any time within the framework of the contractual conditions and view, edit, store and delete his health data stored there. Prerequisites are Internet access and a suitable Internet browser or the use of a MEDNETPATIENT.SWISS application for mobile devices.

The service provider offers the user support and services exclusively via the MEDNETPATIENT.SWISS website and by e-mail.

The service provider enables the user to make his data stored in MEDNETPATIENT.SWISS accessible to other users (third parties), in particular family members and medical service providers, as follows:

  • in whole or in part
  • limited in time or until revoked
  • with different powers and editing rights

Each of these third parties must also be registered as a user, even if they do not store any health data for themselves.

The MEDNETPATIENT.SWISS health file of the user records the date, time, type of access and IP address of all accesses to the file.

Details on the services of the chargeable applications and on the procurement of goods and services via the service provider or third parties are regulated in the MEDNETPATIENT.SWISS health dossier and on the corresponding website of the service provider (www.mednetpatient.swiss). The regulations there are deemed to have been agreed between the user and the service provider if and as soon as a user subscribes to MEDNETPATIENT.SWISS applications from the service provider or orders such goods or services from the service provider and the service provider has confirmed the subscription or order.

In the case of offers from third parties, the service of the service provider is limited exclusively to the provision of the MEDNETPATIENT.SWISS platform, insofar as this is relevant for the provision of the services of these third parties. If the user places an order with a third party, the latter, and not the service provider, becomes the contractual partner of the user.

3. Obligations of the user

The user assures that he registers only one personal MEDNETPATIENT.SWISS health dossier for himself. Opening a MEDNETPATIENT.SWISS health file for third parties is not permitted. The opening of a MEDNETPATIENT.SWISS health dossier within the scope of the legal right of representation remains reserved.

The user may only use MEDNETPATIENT.SWISS in accordance with the contract and for the intended purposes. In particular, the user expressly undertakes not to use MEDNETPATIENT.SWISS for purposes other than those for which it is intended, not to behave in an abusive manner and/or not to store, disseminate or make accessible any criminal or illegal content of any kind via MEDNETPATIENT.SWISS services. The latter applies in particular to pornographic content and content glorifying violence.

The user undertakes in his own interest to ensure that the data entered and stored by him in his own MEDNETPATIENT.SWISS health dossier (or in dossiers administered by him from other persons) are correct and complete. He is responsible for the consequences of incomplete or incorrect information (e.g. access by medical service providers). This also applies if certain data cannot be entered for technical reasons.

If the user collects data from other persons (e.g. family members) or processes such data, whether in his own health dossier or in health dossiers from third parties, he must first have obtained the express consent of all persons concerned, unless he is legally entitled to such actions. If a user administers and maintains the MEDNETPATIENT.SWISS dossiers of other persons and such a person requests to delete or hand over his MEDNETPATIENT.SWISS health dossier, the user is obliged to do so immediately. The user shall indemnify the service provider if such third parties assert claims against the service provider due to data recorded or otherwise processed by MEDNETPATIENT.SWISS.

The user treats the access data to his MEDNETPATIENT.SWISS dossier confidentially and does not pass them on to third parties and undertakes to change the password at regular intervals. If there are indications that third parties have gained knowledge of his access data, he immediately changes the password to his dossier or arranges for his account to be blocked. The service provider disclaims any liability for consequences resulting from the disclosure of the access data. The user acknowledges and is responsible for actions taken using his access data prior to blocking as his own actions or actions authorised by him.

The user himself is responsible for which other users he grants which access to his MEDNETPATIENT.SWISS health dossier. He is aware and bears the risk that such an access possibility can be abused by these third parties and that unauthorised persons can also gain access to the MEDNETPATIENT.SWISS Health Dossier if they gain access to the access data of the third parties authorised by him. It is the sole responsibility of the user to directly oblige these third parties to act accordingly where necessary, to instruct them, monitor them or withdraw their access. The service provider is not obliged to take action against other users on behalf of the user due to a possible violation of these GTC.

In the event of a breach of one of the provisions listed in sections 3 and 5, the service provider is entitled to block and delete the User's electronic health file and to claim damages if necessary.

4. Entry into the contract, duration, amendment and termination

By completing the registration process for the MEDNETPATIENT.SWISS health dossier, the user accepts these GTC and at the same time submits an offer to the service provider to conclude the contract for MEDNETPATIENT.SWISS. With the activation of the user, the service provider accepts this offer and a contract is concluded between the user and the service provider including these GTC. In addition to the free use (basic offer), the user can choose paid services (with possibly supplementary general terms and conditions) at the same time and possibly at a later point in time. The User will be informed by e-mail of the acceptance of the contract by the Service provider.

The MEDNETPATIENT.SWISS basic offer can be terminated by the user at any time without giving reasons and without notice. The user can do this either in his account settings or in writing. With the execution or arrival of the termination, the present contract ends and its data stored in MEDNETPATIENT.SWISS will be irrevocably deleted.

Services of the service provider which are subject to a charge shall run for the agreed term in each case. If the relevant service package is not terminated by the user or the service provider, it will be extended by the same period. The user and the service provider can terminate the relevant service package with a notice period of 3 months to the end of the agreed term or to the end of an extension period. The user can also terminate the contract in his account settings ("My Account"). The termination of any chargeable services does not terminate the contract; it then continues with the basic offer.

In the event of termination of a chargeable service, this shall remain available to the user until the end of the chargeable subscription term or the expiration of the extension period, subject to the non-cancellation of the basic offer. Thereafter, certain functionalities will no longer be available to the subscriber.

If the user cancels his MEDNETPATIENT.SWISS basic offer even though he still subscribes to paid services or if he cancels this at the same time as the basic offer, the contract will be terminated and his complete MEDNETPATIENT.SWISS health dossier deleted. The user waives any remaining period of use of the chargeable services paid for in advance. A refund of already paid fees is excluded. However, fees due prior to termination of the contract remain owed by the user.

The service provider may terminate the contractual relationship for good cause if the continuation of the contractual relationship until the expiry of the statutory period of notice is unreasonable for the service provider. Important reasons include in particular:

  • Non-compliance with legal regulations by the user
  • Violation by the user of contractual obligations (e.g. false identity information, misuse, payment arrears, etc.)
  • the user causes relevant damage to one or more other users

If there is an important reason, the service provider may, without prejudice to a possible termination, also issue a warning or block or restrict the User's access to the services of the service provider. In the event of termination for good cause by the service provider, the User shall not be entitled to a refund of fees already paid in advance.

If a user has only one MEDNETPATIENT.SWISS basic offer, and if three years have elapsed since the last logged access of the user or a third party authorized by him, the MEDNETPATIENT.SWISS health file of the user is deleted and the present contract is automatically terminated, unless the user or a third party authorized by him accesses the MEDNETPATIENT.SWISS file of the user within six weeks from the announcement of the deletion. The user will be notified of this by e-mail and/or SMS at the end of the 3-year period.

5. Registration and authentication

The user assures that all data provided during registration or login are complete and correct. In particular, the official name is to be used and under no circumstances any nicknames. In addition, the user must immediately enter any changes to his personal data such as name, address, telephone and mobile phone number, e-mail address or payment information in the relevant "My Account" section of the MEDNETPATIENT.SWISS health dossier. The service provider accepts no liability whatsoever for the consequences of changes that are not notified or are notified late.

When registering, the user defines his password for access to his MEDNETPATIENT.SWISS health dossier. The user must specify a secure password. In particular, the password must not refer to the user's personal data or otherwise be easy to guess.

6. Prices and services

Details on the prices for the use of chargeable services can be found on the MEDNETPATIENT.SWISS website (www.mednetpatient.swiss) and in the MEDNETPATIENT.SWISS health dossier in the "My Account" section. The fee for services subject to a fee is due for payment immediately for the entire subscription period selected upon conclusion of the relevant service package. Any price adjustments announced thereafter during the selected subscription period will only affect the next subscription period (even if the service package is automatically extended).

The remuneration can be paid using the payment methods offered, e.g. via accepted credit cards or by recharging a credit in advance. If a payment is not made or is not paid in full or on time, the user shall bear all costs arising therefrom.

The service provider may send invoices and payment reminders to the User by e-mail. The service provider shall also keep them available in the "My Account" section for a period of one year from the invoice date. All prices include the legal Swiss value added tax valid at the time of the conclusion of the contract.

7. Responsibility for contents

The service provider assumes no responsibility for the content processed by the User in his/her health dossier. In addition, the user is solely responsible for the disclosure or transfer of this content to third parties.

The service provider shall exercise the care customary in the industry when researching and disseminating information. However, as far as legally possible, the service provider does not assume responsibility for information that can be accessed via its website and electronic services, in particular MEDNETPATIENT.SWISS. In particular, the service provider does not guarantee that these contents are correct, up-to-date and complete or suitable for a specific purpose. This does not apply to information of a binding nature or of a contractual nature (e.g. published changes to the General Terms and Conditions).

8. Marketing and consumer information/advertising

The service provider may also display information and offers for its own services as well as information and offers from third parties on the user's MEDNETPATIENT.SWISS health dossier.

The service provider may also inform the user about health-related services at regular intervals or on special occasions by sending e-mails to the user's e-mail address, inform you of offers and activities of the service provider or third parties and access your personal data for this purpose. Third parties are responsible for their own services, offers and activities.

9. Data protection and data security

The parties undertake to comply with the Swiss Data Protection Act when handling personal data. In particular, the service provider shall not pass on the personal data of the user to third parties without authorisation and shall protect the personal data entrusted to it against unauthorised processing by means of appropriate technical and organisational measures, as required by law. Employees of the service provider do not have access to the health data of individual users.

By concluding this contract, the user agrees that the service provider may process all data necessary for the execution of the contract (in particular his personal data) for the purposes described in these General Terms and Conditions, for other purposes specified or apparent from the circumstances. He agrees that all persons who have valid access data for a user's health dossier may have access to the corresponding data.

10. Warranty and liability

The Service provider shall endeavour to ensure the proper operation of MEDNETPATIENT.SWISS and the electronic services. However, the service provider does not guarantee the error-free availability of MEDNETPATIENT.SWISS at all times.

The service provider disclaims any liability for any direct or indirect damage incurred by the user in connection with any use of the MEDNETPATIENT.SWISS health dossier as far as legally permissible. This includes in particular damages due to the use of information, damages due to transmission errors, technical defects, interruptions, malfunctions or illegal actions of third parties.

The service provider is not liable if the performance of the service is temporarily interrupted, completely or partially limited or impossible due to force majeure, coincidence or third-party fault. Force majeure includes in particular power failure and the occurrence of harmful software (e.g. viruses) as well as natural events of particular intensity (avalanches, floods, landslides, etc.), warlike events, riots, unforeseeable official restrictions, etc.

The MEDNETPATIENT.SWISS Health Dossier contains connections or references, so-called "links", to Internet pages of third parties. The correctness and completeness of information on the linked websites cannot be checked. The service provider explicitly declines any responsibility for their content. It is the responsibility of the user to inform himself on the respective website about the legal terms of use applicable there.

The service provider reserves the right to limit, change or discontinue the provision of its services and offers at any time and without giving reasons. The service provider shall not be liable for any damages incurred by the User in such cases.

11. Security note

The user is aware of the fact that MEDNETPATIENT.SWISS services are offered via the Internet and that this is an open network accessible to everyone. Despite the use of modern security technologies, absolute security cannot be guaranteed either on the part of the service provider or on the part of the user, or within the framework of data transmission.

The service provider recommends the user to use the necessary security measures on his computer (e.g. current virus protection, firewalls), and in particular not to store his health data locally on devices (e.g. computers and mobile end devices) to which third parties could gain access. He must also bear the risks arising from manipulation of his computer, from the misuse of his identification instruments or access data, or in the context of data transmission.

In addition, the service provider assumes no liability for damage to the User's equipment or the data stored therein as a result of technical inadequacies, unauthorised manipulation of the network installations, overloads or other malfunctions of the network as well as all further interruptions and inadequacies or illegal interventions in telecommunications equipment and computer systems.

12. Property rights, copyrights and rights of use

It is to be assumed that the contents available on MEDNETPATIENT.SWISS or made accessible by the service provider (e.g. via the website or in marketing e-mails), with the exception of the contents of the individual MEDNETPATIENT.SWISS health dossiers, are protected by copyright and their use, insofar as not covered by the present contract, is only permitted with the written consent of the respective author and against payment.

13. Final provisions

The service provider reserves the right to change its services, prices and these General Terms and Conditions at any time and without giving reasons. Changes shall be notified to the User in an appropriate manner; notifications from the service provider to the Users may be validly sent to the e-mail address registered in the system by the User and shall be deemed to have been made and delivered when they are sent. The User is entitled to terminate the Contract at the time of the effective date of the contract amendment or price increase. Without termination within 30 days of notification, the changes or price increases shall be deemed to have been accepted by the User.

The records of the service provider's systems shall be binding until proven otherwise.

Should individual provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions.

Any additional agreements or arrangements between the user and MEDNETPATIENT.SWISS must be made in writing. Place of performance is the registered office of the service provider.

14. Applicable law and place of jurisdiction

All legal relationships of the user are subject to Swiss law. The exclusive place of jurisdiction for all proceedings shall be the registered office of the service provider, unless mandatory Swiss law provides otherwise.

Postal address of the service provider: Novcom AG, Pfeffingerstrasse 19, 4153 Reinach BL, Schweiz