Saglik Lokman

Terms of use

DEAR USER, THE FOLLOWING TEXTS IN REGARD TO THE TERMS OF USE AND THE PRIVACY POLICY ARE ONLY BINDING IN GERMAN. THE ENGLISH VERSION IS A TRANSLATION FROM GERMAN FOR INFORMATIONAL USE.
LINK TO GERMAN TERMS OF USE: LINK
LINK TO GERMAN PRIVACY POLICY: LINK

I. GENERAL TERMS AND CONDITIONS

Between you as the user ("you" or "user") of the "uhealth-platform" (products and services offered via the uhealth-platform) and the uhealth AG ("operator" or "uhealth"), only the following terms and conditions, the uhealth privacy statement and, if applicable, specific product and service provisions for chargeable products and services may apply.
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1. Scope

1.1 These terms and conditions (the "terms") apply to the offerings made available by uhealth AG as the uhealth-platform (http://www.sagliklokman.com, http://www.sagliklokman.de; including all associated domains by uhealth). In the event that you have your own terms and conditions and wish to apply them, we herewith object those, so that they may not apply. This may be subject to an explicit deviating terms in writing.

1.2 Should the user act as a consumer ("user", e.g. end-consumer, potential patient of a healthcare service), partly different terms apply as if the user acts as a corporate ("customer", e.g. medical service-provider, healthcare professional). The following terms will refer to this, where appropriate. Said aspects may additionally apply in separate (partly product-specific) terms and conditions, divided in consumer ("user") and corporate ("customer"). Consumer is each natural person, who concludes a legal transaction for a purpose that can be added neither to its commercial nor its independent vocational activity. Those who act in the line of duty of their commercial or independent vocational activity are considered corporate.

1.3 Special conditions can be agreed on for products and services offered by third parties via the uhealth platform, which will in this case supersede these terms and conditions.

2. Scope and functionality of the uhealth-platform

The uhealth-platform can analyse the user’s symptoms and provides information about possible conditions that could correlate with the entered symptoms. It therefore allows the display of possible and clinical pictures and the appropriate categories of medical specialists ("online analysis"), as well as a search function for doctors based on address and location. Furthermore, it allows for finding and booking of appointments with connected customers (e.g. doctors) and provides appointment management, communication (via asynchronous or synchronous messages or video) between users and connected doctors and manages filing and transmission of users’ medical information ("appointments", "consultations", "login-product").

3. Information purpose and exclusion of liability

General:

3.1 uhealth-platform’s content as well as information about conditions, possible clinical pictures and data about appropriate doctors provided by the uhealth-platform (hereinafter referred to as "uhealth data") are solely meant for the purpose of information and do not substitute consultation, diagnosis and treatment by professional doctors. Usage of and trust in contents provided by the uhealth-platform and uhealth data cannot and must not be used by customers and users for (their own) consultations, diagnoses or treatment methods and the selection, application or termination thereof. The contents of the uhealth-platform are not a recommendation for consultation, appli-cation, treatment, diagnosis or purchase.

3.2 uhealth is using great care to ensure that all information made available on the uhealth-platform is correct and complete. The operator and all staff involved in the generation of content disclaim any liability to the fullest extent permitted by law in terms of correctness, timeliness, accuracy, reliability or completeness of the provided information.

3.3 The customer declares that all details given for the closure of a contract as well as all information provided on the uhealth-platform regarding practice, doctor’s qualification and other relevant contractual data are complete and correct; however, the operator cannot be made liable for the data created for the customer based on this information.

3.4 uhealth shall not be liable for any damage resulting from false or incomplete information given by the user, especially the health data (see paragraph 16.6). The users are solely responsible for their health data’s correctness and timeliness. In the event that claims are made against uhealth by a third party (e.g. customers) because of the absence of correctness or timeliness of customer’s data and information, the respective user undertakes to fully indemnify uhealth.

3.5 All users of this web-service are requested by the operator, to consult a doctor for health information. In the event of a medical emergency or in imminent, life-threatening situations, the user needs to contact or consult a medical emergency service immediately. The uhealth-platform is not meant for emergency situations and must not be solely used in such constellations.

3.6 uhealth disclaims any liability to the fullest extent permitted by law for any possible damage caused by the usage of their products, services or uhealth data. Any utilization or usage of contents on the uhealth-platform or the uhealth data takes place at one’s own risk. The assertion of any types of claims is therefore excluded.

3.7 The operator disclaims any liability to the fullest extent permitted by law for any possible damage caused mainly or completely by the user, e.g. damage caused by the incompatibility of user’s devices and uhealth’s operating system, disruption of data transmission from the user’s provider to the user, deactivation of necessary cookies or damages resulting from lack of access security on the user’s side.

3.8 The user bears responsibility for all consequences and disadvantages which may occur due to misuse or illegal use of the products/services and the uhealth data or because the user does not fulfil his other essential agreement duties (among other things, the obligation of keeping the password secret). uhealth accepts no liability for any damage that may occur resulting from such components. The user shall indemnify uhealth in full in the event that claims should be asserted against uhealth due to misuse or illegal use of the products and services, as well as uhealth data by the user.

Online analysis:

3.9 The online analysis on the uhealth-platform does neither substitute the medical examina-tion nor the diagnosis by a qualified doctor.
Usage of the uhealth-platform and its contents are no substitute for professional medical care, doctor’s advice, diagnosis or treatment. The usage of the uhealth-platform is voluntary and solely at the user’s own risk and in their own assessment of reliability of information provided by the uhealth-platform, and of uhealth data by the user. Also in the user’s responsibility are decisions or actions, including but not limited to the decision, not to consult a doctor for diagnosis and treatment, resulting from the usage of the uhealth-platform. Only the user is responsible for the decision, to use the services of a doctor listed on the platform. uhealth does not recommend or advocate tests, doctors, healthcare services, products, procedures, opinions or other information that may be mentioned on the uhealth-platform. The user should also not delay professional medical advice / care because of information and uhealth data that have been obtained via the uhealth-platform.

Appointments/Consultations:

3.10 uhealth does not take responsibility for keeping appointments and appointment management by the user and/or the connected customers (e.g. doctor), as well as for the services provided by connected doctors, such as consultations via chat or video. Any warranty or liability claims against uhealth AG, their bodies, staff and business partners that are based on provided information and the uhealth data, or are connected to their brokerage and consulting activities on the uhealth-platform and their additional products and services are explicitly excluded. In this context, uhealth merely provides the platform for making the appointments and consultations. If a user makes an appointment or consultation with a customer, a separate contractual relation is established between these two parties. uhealth is not involved in this contractual relation and no claims can be made against uhealth resulting from this contract. Execution and implementation of this independent contract is solely between the user and the customer. Uhealth is not acting as a broker for this independent contract between user and customer. The listing of doctors via the online analysis is not a recommendation on the part of uhealth. uhealth merely provides the platform for interaction between connected customers and the user.

3.11 Within the scope of contact between user and customer (e.g. doctor), the user can allow the customer access to the user’s health data, in accordance with the general privacy policy.

Links:

3.12 uhealth has absolutely no influence on the websites linked to the uhealth-platform or to the links provided by the uhealth platform, because of which uhealth AG takes absolutely no responsibility for their content, correctness, completeness and lawfulness. The creation of connections to these sites is done at your own risk. The terms and conditions of the respective websites apply.

Availability and others:

3.13 One hundred percent availability of the uhealth-platform is technically not possible. However, uhealth is making an effort with all means available and within economic reason, to constantly provide the uhealth-platform. The uhealth-platform is generally available around the clock from Monday to Sunday. uhealth strives to provide continuous availability of all functions, especially during the core working time Monday to Friday, 9.00am to 5.00pm. However, uhealth reserves the right to execute maintenance-related shutdowns of individual servers of the used server infrastructure, and thereby to fully or partially limit the availability of the uhealth-platform.

3.14 uhealth disclaims any liability to the fullest extent permitted by law for technical problems and service disruptions, as well as damage to the user’s software and hardware. uhealth also disclaims any liability to the fullest extent permitted by law for damage or viruses that may impair the computer, equipment or any other property of the user or the use thereof, due to their accessing information and data. In the event of service disruptions or system failure, uhealth will do their best to remedy the damage. uhealth disclaims any liability to the fullest extent permitted by law for damages that may occur for the user due to lack of accessibility of uhealth-operated databases.

3.15 uhealth can provide the user with services by third party providers within the uhealth-platform (embedded in the platform or via links). The providers are carefully selected; however, a constant control of the services, especially of websites and services made available by them is not possible for uhealth. Their availability as well as quality requirements of such third-party services comply with the respective rules applicable. In no case is uhealth responsible or reliable for their content, availability, disturbances, low quality and/or disruptions. This also applies to third party providers / links to pages of cooperation partners of uhealth. uhealth is not a party of the contract between the user and a third party provider.

3.16 The operator reserves the right, to partly or fully and without separate announcement change, complement, delete the offer, or to stop the publication temporarily or definitely. uhealth shall not be made liable for damages occurring thereof.

3.17 Claims to damages and reimbursement of expenditure of the customer (hereinafter: claims for damages) against uhealth, irrespective of their legal grounds, in particular claims arising from duties from business debts of unlawful dealings, especially due to violation of above mentioned paragraphs 3.3, 3.4, 3.6, 3.7, 3.8, 3.9, 3.10, 3.11 are excluded. This does not apply if uhealth cannot be made mandatorily liable, e.g. due to product liability, in cases of intent, gross negligence, for violation of life, the body or health, or due to a violation of major contractual obligations. However, the claim for damages for violation of major contractual obligations is limited to contractual, foreseeable damage, if no case of intent or gross negligence applies on the part of uhealth, or if liability for violation of life, the body or health occurs. A change in the burden of proof to the customer's disadvantage is not connected with the preceding provisions.

3.18 If customers are entitled to claims for damage according to paragraph 3.17, they are becoming time-barred within two years, according to the period of limitation applicable for claims for damages. For claims for damage according to the Product Liability Act, the statutory limitation periods shall apply.

4. Functional scope of the uhealth-platform

4.1 If the performance scope is not explicitly different or additionally from an order process within the uhealth-platform, then the respective performance scope made available for the user shall apply as the performance scope of these terms and conditions.

4.2 The user can access content and data of the uhealth-platform via the internet regardless of time and place, within the technical and operational possibilities provided by uhealth (e.g. latest version of web-browser)

4.3 The current basic functions of the uhealth-platform include (the latest versions are provided with the respective updated product-/service-descriptions).

For the user:
  • Online-analysis: Analysis of conditions and information about possible illnesses
  • Doctor-search system: search for healthcare professionals based on address and location
  • Appointments: Identifying and booking of appointments with connected customers (e.g. doctors)
  • Consultations: Using provided chat or video infrastructure to talk to connected customers (e.g. doctors).
  • Login-product/user-account: Service to make the one-time/recurring communication with healthcare professionals easier (e.g. by providing contact details, health data)
For the customer:
  • Login-product/customer-account: Service to make the communication with potential patients easier (e.g. diary-function, inclusion of information in the doctor-search system)
  • Diary: Online system for appointment-booking that can be configured by the customer and that offers automated email messages for communicating with potential patients
  • Communication tools: Chat or video infrastructure for talking with patients

4.4 After successful creation of a user-/customer-account on the platform, the user can access the mentioned functions of the uhealth-platform. With this configurations and/or information, the user can largely control, how and which data will be used or passed on. uhealth trusts that they meet the user’s needs. Only the user decides if and which data they like to enter and save into their user-/customer-account. In this context we highlight that only the user alone decides which health data they provide to the healthcare professional when booking an appointment or consultation. This data can support the customer (e.g. doctor) in planning, anamnesis and diagnosis. uhealth has no influence on the content and the data, or their disclosure towards the customer.

4.5 The operator can provide various special services via the uhealth-platform. Special services can be ordered by the user on the uhealth-platform or via other channels. uhealth can make the provision or the usage of special services subject to partly or fully remuneration of special charges.

4.6 Products and services of third parties (such as consultations) that are not provided by uhealth are not subject to the business relationship between the user and uhealth. The user’s contracting partner for those products and services is solely the third party.

4.7 The service provided by the healthcare professional (e.g. doctor), as well as the communication between the doctor and the user (incl. booking of appointments, providing the consultation) is not part of the service relationship between the user and uhealth.

4.8 The operator reserves the right, to partly or fully and without separate announcement change, complement, delete parts of the pages or the whole offer, or to stop the publication temporarily or definitely.

5. Warranity

If a warranty for the respective service or the respective product is applicable at all, clients’ claims to damages and reimbursement of expenditure against uhealth - irrespective of their legal grounds - in particular claims arising from duties from business debts of unlawful dealings are excluded, unless stated otherwise in these terms and conditions.

This does not apply if uhealth cannot be made mandatorily liable, e.g. due to product liability, in cases of intent, gross negligence or due to a violation of major contractual obligations. However, the claim for damages for violation of major contractual obligations is limited to contractual, foreseeable damage, if no case of intent or gross negligence applies. A change in the burden of proof to the customer's disadvantage is not connected with the preceding provisions. If customers are entitled to claims for damage, they are becoming time-barred according to the period of limitation applicable for claims for damages. For claims for damage according to the Product Liability Act, the statutory limitation periods shall apply. Further warranties are excluded to the fullest extent permitted by law.

6. Information/Communication

6.1 uhealth is operating a helpdesk for information regarding the customer’s usage of the uhealth-platform (support). The helpdesk can be reached via email. Uhealth can replace the contact via email with a ticketing system.

6.2 uhealth can make support services subject to remuneration of special charges. uhealth reserves the right to invoice support requests separately based on effort, if they exceed an appropriate limit. uhealth will give an advance-notice, should support requests become subject to a charge in the future.

6.3 Other communication between uhealth and the user is made via electronic channels, meaning per email, online or similar.

6.4 No information about medical topics will be provided. Please contact a healthcare professional via the regular channels for medical information.

6.5 The operator can send any communication / make any statement towards the user per email by using their latest email address stored in their user-account. If submission per email is unsuccessful, because the latest stored email address is invalid, the communication/statement will be deemed delivered upon sending the email.

7. Other services

For the scope of service for separately agreed services, the individual agreement, as well as the information that uhealth publishes on their website, apply.

8. Right of use of the uhealth-platform

8.1 Insofar as uhealth is offering the products and services of the uhealth-platform free of charge, the right of use for services and products that require a user-/customer-account begins with successful creation of a user-/customer-account on the platform by stating the true and correct personal information and data. For products and services that are publicly available, the right of use begins upon accessing the respective functions of the uhealth-platform. For products and services subject to a charge, the right of use of the uhealth-platform (and its respective functions) begins upon full payment of the charges.

8.2 The right of use according to paragraph 8.1 allows the user the intended, not exclusive, limited to the terms of the agreement, not transferrable and not non-sublicenseable usage of the uhealth-platform (if applicable, together with special services, value-added services or services by third parties, embedded by uhealth. The user shall not use the products and services beyond this agreement. Most of all, neither users nor customers shall use uhealth-data for their own commercial purposes, or make non-public content available to third parties.

8.3 If not subject to different written agreements with uhealth, the paragraphs 8.1 and 8.2 shall regulate the content of the right of use for the uhealth-platform completely. Any additional usage is not permitted.

9. Intellectual property and other rights of content

9.1 By accessing the uhealth-platform or by creating a user-/customer-account, the user agrees that the rights of the uhealth-platform (and all its elements), as well as all information, data, graphics and symbols on the uhealth-platform belong to uhealth (or their contractual partners). The same applies for special-, value-added-services and services by third parties, offered on the uhealth-platform.

9.2 The user shall not copy, distribute or make available via framing or other methods parts of the uhealth-platform. They shall never publish non-public contents of the outside the uhealth-platform. It is prohibited to use the uhealth-platform for third parties. The same applies for special-, value-added-services and services by third parties, offered on the uhealth-platform.

9.3 The user shall not reengineer, collect systematically or entirely save information on the uhealth-platform. The same applies for special-, value-added-services and services by third parties, offered on the uhealth-platform.

9.4 The content published on the website is subject to copyright protection. As long as not stated otherwise, the operator owns the copyright.

9.5 The electronic data and content generated by users and partners in relation to the uhealth-platform and its products/services shall not be reproduced, modified, deleted or published outside of uhealth’s scope of service, if uhealth has not specifically acknowledged those in advance.

10. Password-protected access

10.1 The operator offers the user password-protected access to the respective parts of the uhealth-platform via the internet. To ensure security of user-information during transmission, the operator uses secured protocols to encrypt the information transmitted by the user (e.g. Secure Sockets Layer, SSL).

10.2 The user undertakes not to disclose their access data to unauthorised third parties. The user is responsible for safekeeping their access data and for protecting them from being accessed by third parties. uhealth disclaims any liability for damages resulting from misuse or loss of their access data (user-identification, password).

10.3 In the event that the user loses or forgets their access data (or parts thereof), and if the user enters an invalid email address, or if the email address becomes invalid, no new access data can be sent via email. The operator is not obliged to provide the user with new access data via different channels, or to escrow a new email-address.

11. Personal data of the user-/customer-account

11.1 To execute the contractual relationship, uhealth saves and modifies the necessary information about the user (user-name, user-information and user-data). uhealth treats these data confidentially.

11.2 The operator saves the collective customer data in their user-/customer-account. The user-/customer account combines the information about the user needed by uhealth to understand and to manage the contractual relationship between uhealth and the user, which means their orders, payments to uhealth as well as other information. uhealth reserves the right to refuse registrations without stating any reasons.

11.3 The user undertakes to provide correct information upon registration and to keep their information up to date. uhealth reserves the right to delete the user-/customer-account, if it has not been accessed for more than 12 months or if uhealth is unable to contact them via the registered email address.

11.4 The contractual relationship between the user and uhealth are not transferrable. The contractual relationships terminates with death, a transfer due to inheritance is excluded. Each user can only be registered once at all times.

11.5 The operator reserves the right to delete the user-/customer-account, if it has not been accessed for more than 12 months (initial login) and if even upon request by uhealth, delivered via email, the user/customer does not access their account within a further month.

12. Additional data on the platform and on mobile devices

12.1 The uhealth-platform is a system that depends on information about health problems, additional health-related information and medical data in order to function correctly. Therefore the platform contains medical information in various contexts, additional to the user-/customer-account, which are classified as extremely worthy of protection. Due to the sensitive nature of personal medical data, this information will be transferred via secured channel (SSL) in the browser. Please refer to the general privacy policy for more information.

12.2 Additionally, the uhealth-platform saves more data, that will not allow any conclusions with re-gards to the user, due to uhealth’s isolated observation:

  • Statistical data
  • System data

12.3 You, the user, agree to data processing according to paragraphs 12.1 – 12.3. uhealth‘s privacy policy provides a detailed description of the data processing related to your usage of the uhealth-platform via your local and mobile devices. uhealth can establish additional terms for individual ser-vices that shall apply in addition to the general privacy policy.

13. Duration of data storage saved on the platform; user’s deletion responsibilities

13.1 According to these terms and conditions, the operator keeps personal data saved on the platform at the most until the user-/customer account shall be deleted (paragraph 13.2).

13.2 The user-/ customer account shall be deleted by the user’s or uhealth’s initiative (according to paragraph 18.3 in both cases), or within 2 months after the termination of the contractual relationship based on these terms and conditions.

14. Remuneration

14.1 Unless stated otherwise, uhealth provides the user free-of-charge usage of the uhealth-platform for the duration of the contractual relationship, according to these terms and conditions.

14.2 uhealth can place advertising-financed contents on the uhealth-platform to finance the free-of-charge usage of services for the user. Those will be expressly described as advertisements and are no recommendations by uhealth in any case whatsoever.

14.3 In the event that uhealth provides services on the uhealth-platform or related to the uhealth-platform that are subject to a charge, the user undertakes to pay the agreed remuneration (subscription fees, etc.), as well as all other fees (service-fee, set-up fee, training-fee, communication-fee etc.) (hereafter referred to in its entirety as compensation.

14.4 Invoices are payable immediately via credit card or mobile phone payment, unless stated otherwise. Contrary to announcements, price indications by uhealth are always exclusive of value-added taxes and expenses.

14.5 The operator reserves the right to unilaterally increase agreed remunerations. However, remuneration increases have no impact on active subscriptions or contracts, but will only take effect upon the next renewal of contract or subscription. Uhealth is obliged to announce the changes in due time, so that the user/customer can terminate the contractual relationship within the term of notice of termination agreed upon by contract before the new remuneration/prices take effect. In the event that this right is not invoked, the price alteration becomes binding for both contracting parties. The new statements will be based on this price alteration.

14.6 Suspending the access to the uhealth-platform as well as a termination of the legal relations based on these terms and conditions does not release the user from their obligation to pay due remunerations based on the existing agreement between them and uhealth.

15. Permitted use

The user undertakes to use the uhealth-platform exclusively for the purpose of using the products and services as described in the functional scope. Only truthful information and profiles are permitted. Furthermore, the user undertakes to use the uhealth-platform according the fair use policy and not overly prominent.

Not permitted is/are especially:
  • Upload or make available for third parties unlawful or indecent contents.
  • Profiles with wrong or misleading statements, pretence of a false identity or the creation of nu-merous profiles.
  • Provision/Upload of forged documents.
  • The setting up of external links to service elements that lead directly or indirectly to websites with unauthorised contents or competitive services.
  • The unsolicited sending of information to other users.
  • Commercial usage of the provided information without the operator’s explicit approval.
  • An unauthorised replication of provided contents.
  • Improper use of data and information.

In the event of violations, the operator can take appropriate measures, incl. immediate unilateral termination of contract for exceptional reasons, or take legal action, if applicable.

16. User’s undertakings

You, the user, undertake the following:

16.1 The user pays outstanding remunerations to uhealth in advance or, unless stated otherwise within that payment period.

16.2 The user does not use the platform in an inadmissible way and takes care that the terms of paragraph 15 are not violated.

16.3 It is the responsibility of the user to take the necessary precautions to secure their systems. This includes especially the browser’s security settings, the installation of a firewall, up-to-date version of a computer virus or malware defending software, storing the data at regular intervals as well as physical access control.

16.4 The user is obliged to keep his access data (password, username) as safe as they would keep any valuables safe from unauthorised access of third parties. It is strongly recommended to change the password frequently and to key in the personal access data only in the official website or tools (e.g. interface, app) provided by uhealth.

16.5 The customer is obliged to apply the medical occupational law and the completion laws as well as other applicable regulations and professional ethics to all content and data on the uhealth-platform. He ensures that the information regarding practice, professional qualification and other relevant information provided upon closure of contract as well as on the uhealth-platform are correct.

16.6 Only the user can enter or update health data in the respective fields and forms. He/she alone is responsible for the quality of information provided and is obliged to make truthful statements. The user deletes, modifies or hides possible relevant data for diagnosis and treatment by healthcare professionals at their own risk. He/she indemnifies uhealth of any claims by third parties who relied on the completeness, correctness and timeliness of entered data.

16.7 The customer’s cooperation is required for the complete usage of services and products provided by uhealth. In the event that the operator cannot provide the service partly or completely due to lack of the customer’s cooperation, uhealth shall be exempted from the provision of this service.

17. Technical precautions

The operator has the right to take technical precautions that can detect and persecute or prevent unauthorised usage. Uhealth can particularly provide database content with markings or implement digital protective measures (e.g. DRM) against unauthorised copying, etc.

18. Conclusion of contract, term and termination

18.1 Uhealth and the user enter into a contractual relationship upon successful creation of a user-/customer-account, in which the users identify themselves. Any feigning of an identity is prohibited and leads to immediate deletion of the account.

18.2 In order to create a customer account, the customers need to present to uhealth a license to practise medicine or any other legal document appropriate for the purpose of identification, to prove their status as healthcare professional. The authentication should be sent to uhealth at the latest fol-lowing the request by uhealth sent with the confirmation of registration, so that the account can be activated. Conclusion of contract is the date stated in the confirmation of registration, regardless of activation.

18.3 The contractual relation for products free-of-charge ends according to these terms and condi-tions:

  • At the time, when the user deletes their user-/customer-account;
  • At the time, when uhealth deletes the user-/customer-account according to paragraph 18.7.

18.4 For any additional products/services subject to a charge (e.g. special services), additional regulations for cancellation or termination may apply.

18.5 uhealth as well as the user have the right to terminate the contract according to contract provi-sions. Both parties shall retain the right to terminate for exceptional reasons.

18.6 uhealth can suspend the access to the uhealth-platform with immediate effect, if the user is in default with payments for the uhealth-platform or any additional services. The operator reserves the right, to partly or fully and without separate announcement change, complement, delete the offer, or to stop the publication temporarily or definitely.

18.7 The operator reserves the right to delete the user-/customer-account, if it has not been ac-cessed for more than 12 months (initial login) and if even upon request by uhealth, delivered via email, the user/customer does not access their account within a further month.

19. Suspension of the contractual relation or access to the uhealth-platform respectively

19.1 The operator has the right to suspend access to the uhealth-platform without separate announcement, or to limit access to certain functions of the uhealth-platform, if:

  • The user repeatedly violates the regulations under paragraph 15;
  • The unimpaired operation of the uhealth-platform is at danger due to circumstances that fall within the user’s area of risk;
  • A case of paragraph 18.6 applies;
  • A reasonable suspicion of an attempted or actual misuse of a user’s access data occurs (e.g. repeated entering of a wrong password).

19.2 In the event of a suspension according to paragraph 19.1, the operator is not obliged to reimburse already paid off remunerations.

19.3 Termination with immediate effect remains an option, even if uhealth already suspended the access to the uhealth-platform due to certain events.

20. Force majeure

Temporary limitation or degradation of services may occur on the grounds of force majeure, strikes, lock-outs and administrative orders, as well as due to technical modifications to uhealth’s systems or any other measures necessary for proper or improved operation (e.g. maintenance). Uhealth reserves the right of such measures, they will, however, work towards a fast fault clearance.

II. AMENDMENTS TO THESE TERMS AND CONDITIONS

These terms and conditions regulate the relations between the parties of the agreement conclusively. Uhealth reserves the right to periodically revisit and to amend, if applicable. uhealth will communicate any changes or additions of these terms and conditions to the user either in writing, per email and/or online, upon their next log-in to the uhealth-platform. Changes initiated by the user are not applicable, if uhealth did not approve of those in writing.

III. PRESERVATION OF VALIDITY

If some particular disposition or parts of these dispositions should be declared null and void, this will not affect the remaining dispositions and the validity of the agreement. If any of the provisions of this agreement should be invalid, ineffective or unenforceable, that will not affect the validity of the remaining provisions. The in valid provision will be replaced by the legal regulation that matches as closely as possible the intended purpose of the invalid provision

IV. APPLICABLE LAW AND JURISDICTION

Usage of the uhealth-platform and the contractual relation between you, the user, and uhealth, according to these terms and conditions shall be subject to Swiss law, to the exclusion of the UN Convention on contracts for the International Sale of Goods dated April 11, 1980.

All disputes regarding usage of information and contents of the uhealth-platform, to which these terms and conditions apply, or disputes related to these terms and conditions, as well as related to services and products provided via the uhealth-platform may only be brought before the court of jurisdiction at the seat of uhealth AG.

These terms and conditions were last updated on 14th April 2016.

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