General Terms and Conditions applicable to the Swisscare Insurance Management System, the myswisscare account, and the myswisscare mobile application
Version June 2019
Scope
These General Terms and Conditions together with the referenced documents are applicable to the Swisscare Insurance Management System, the myswisscare account, and the myswisscare mobile application (hereinafter all are collectively referred to as the Swisscare App) including, but not limited to the rules applied by Apple Inc. ("App Store Rules") and Google Inc. ("Play Store Rules") with respect to the use of their App Store and Play Store respectively located at https://www.apple.com/itunes ("App Store") and https://play.google.com/store ("Play Store"). The User may only use the Swisscare App in accordance with these General Terms and Conditions, including all referenced terms therein.
Specific terms, conditions and policies may be applicable to certain functionalities, in these cases the terms of use may be supplemented, modified or replaced by other terms and conditions.
The User accepts that by using the Swisscare App, the User accepts the validity of the and applicability of the most current version of the General Terms and Conditions, that may be supplemented, modified or replaced by other terms and conditions.
Operator
The Swisscare App is operated by Swisscare Europe Ltd., Landstrasse 20, 9496 Balzers (hereinafter Swisscare).
The Swisscare App is a free of charge app that provides information, and certain other functionalities and services for Swisscare customers.
By downloading, installing, accessing, browsing or using the Swisscare App, The User accepts and agrees to these legally binding Terms. The Terms are entered into for the benefit of Swisscare and its affiliated companies, who may each enforce these terms against the User. If the User does not agree to these Terms the Use of the Swisscare App is and download, installation and/or Use of the Swisscare App must be ceased immediately.
Customer Account
The Swisscar App can be downloaded by Swissare Customers of legal age who have a Swisscare Customer Account. The Swisscare Customer Account is created during the first time application for an insurance product or service, as soon as this application has been submitted the General Terms and Conditions take effect.
During this application, an account is generated and needs to be activated as well as password protected by the User. Their is a two step verification in place, however, Swisscare recommends to regularly update the password.
Swisscare also reserves the right to change the identification details and verifcation process at any time.
Intellectual property
Information, brand names and other contents of the Swisscare App may not be modified, copied, duplicated, sold, leased, used, supplemented or otherwise exploited without the prior written consent of Swisscare.
All intellectual property rights in and to the Swisscare App belong to Swisscare or their licensors.
All trademarks, service marks, trade names, and logos are proprietary to Swisscare or used by Swisscare with the permission and consent of third party providers. Nothing contained on the Swisscare Applications should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Swisscare App without the written permission of Swisscare. The use of the trademarks displayed or any other content on the Swisscare App, except as provided herein, is strictly prohibited. The User acknowledges that there is no right to have access to the Swisscare App in source code form.
Swisscare grants the User non-exclusive and non-transferable rights to use the information, software and documentation made available to the extent agreed upon or, in the event of no such agreement, in a manner consistent with the purpose intended by Swisscare in the act of providing and making information, software and documentation available. Nor rights can be directly or indirectely be construed as sold to a User. The sole right of the User is to use the Swisscare App in accordance with these General Terms and Conditions.
The User may not at any time sell, lease or otherwise make available to third parties the information, software or documentation. The User aknowledges that information, software and documentation are protected both by copyright laws and international copyright agreements, and by other laws and agreements pertaining to intellectual property. The User shall observe these rights.
Apart from the usage rights or other rights granted expressly to the User in these General Terms and Conditions, no further rights of any kind, particularly rights to the company name and industrial property rights such as patents, registered designs or trademarks, are granted to the User. No obligation to do so can be construed or interpreted.
If the User communicates ideas and suggestions concerning the Swisscare App, Swisscare shall be entitled to use these free of charge for development, improvement and adaptation of any of its products.
Find a doctor function
The find a doctor function shows the User enterprises and services available in the area,
This functionality is meant for informational purposes only. It is not intended to implicated or grant any kind of insurance coverage, nor give any indication of the qualifications of the enterprises and services mentioned. The User should always verify the proposed service or enterprise and verify coverage directly with the insurance company. Swisscare doesn’t accept any responsibility and waives all liability for decisions made by the User based on the information provided by this functionality.
Data Protection
The User’s submission of information, including personal information, through or in connection with the Swisscare App (if any) is governed by the terms of our privacy policy as updated from time to time, available at ("Privacy Policy").
Third Party Links and Information
The Swisscare App may contain hyperlinks to third-party websites. Swisscare expressly waives all responsibility for the content of these websites as Swisscare does not control the linked information and is also not responsible for the contents and information made available there. Swisscare expressly waives any liability for loss or damage sustained as a result of the access and use of Third Party Sites. Use of such websites is at the User’s own risk.
To the extent permitted by law, any and all liability is expressly excluded.
Important Notice
The content provided in the Swisscare App is intended for general informational purposes only. Companies and individuals should not rely on the information provided in the Swisscare App for the prevention or mitigation of risks or as an explanation of coverage or benefits under an insurance policy. If you are a Customer of Swisscare, you may be subject to other agreements with Swisscare. These Terms apply to the use of the Swisscare App and do not change or alter any other contract or agreement existing between the User and Swisscare.
Restrictions
When using the Swisscare App, the User may not:
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Use the Swisscare App in an unlawful manner, for any unlawful or criminal purpose, or in any manner inconsistent with these General Terms and Conditions, or act fraudulantly or maliciously;
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Contravene the rules of good conduct during usage;
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Infringe industrial property rights, copyrights or other property rights;
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Transmit content containing viruses, Trojan horses or other programs that can damage software;
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Enter, store or send hyperlinks or content without authorization to do so, particularly when such hyperlinks or content violate confidentiality obligations or are unlawful;
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Use the Swisscare App to record, post, or transmit any defamatory, threatening, abusive, offensive, obscene, indecent, discriminatory or otherwise objectionable information or any kind of information that may infringe on third party rights;
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Distribute advertising, unsolicited emails or false warnings of viruses, malfunctions and such like, or invite people to participate in sweepstakes, Ponzi schemes, chain letters, pyramid schemes or similar actions;
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Use the Swisscare App in such a way that it could damage, disable, overburden, impair or compromise systems, security, interfere with other Users or in any way have a negative impact on the Swisscare Application;
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Use the Swisscare App to collect, harvest, or process any data from the Swisscare App or systems, or attempt to decipher any transmissions to or from the servers in use, for example by using any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, scrape, mine, or in any way attempt to gather any kind of data or content or reproduce or circumvent the structure or presentation of the Swisscare App without prior written consent.
Swisscare has the right to block any User from accessing the Swisscare App, especially if any provisions in these General Terms and Conditions are violated.
Disclaimer
The Swisscare App is provided 'as is' and, to the extent permitted by applicable law, Swisscare excludes all representations or warranties of any kind, express or implied including, but not limited to, implied warranties of merchantability, satisfactory quality, fitness for a particular purpose and non-infringement. Any liability for loss or damage sustained as a result of accessing and using the Swisscare app is expressly disclaimed.
No warranty is made concerning the completeness, accuracy or currentness of information or content provided in the Swisscare App. Such information is also subject to change at any time without notice.
No warranty is given that the functions of the Swisscare App will be uninterrupted or error-free, that defects will be corrected or that the Swisscare App will be free of viruses or other harmful components. Each User is obliged to conduct their own due diligence to assess the accuracy, reliability and quality of all content provided by the Swisscare App.
Place of Jurisdiction, Applicable Law.
All questions and disputes in connection with the Swisscare App are subject exclusively to Swiss law. Sole jurisdiction is the seat of Swisscare; compulsory places of jurisdiction remain reserved.