Terms and Conditions (GTC)
Effective date: 02/28/2020
Why is it important?
General Terms and Conditions (GTC) regulate the contractual relationship between you as the user of the heyPatient app (hereinafter referred to as the user) and us as the provider of the app (hereinafter referred to as heyPatient).
Terms and conditions must be clearly visible, which is why we show them in the store where the app is available and directly in the app so that you can access them at any time.
You can call up the valid terms and conditions at any time, even after the contract has been concluded, directly in the app under “Settings”, “Terms and conditions”, print them out, download them or save them.
Mailing address of heyPatient
heyPatient AG, Tösstalstrasse 234,
CH-8405 Winterthur, Switzerland
Further contact details can be found in the imprint on www.heypatient.ch.
1 Subject Matter of the Contract
The heyPatient app is an offer for natural persons (users) residing in Switzerland who have reached the age of 18.
The user is solely responsible for which data he stores in the app and that he has the necessary consent and rights for data from third parties. He can change, add to or delete this data at any time. He can also grant other users and medical service providers the right to view or edit his data. The user can give these other users resp. Withdraw from medical service providers at any time.
2 Services from heyPatient
With the heyPatient app, patients and their relatives have health appointments, information and treatment recommendations under control. You have the necessary documents to hand at all times and are informed about everything important.
Requirement for use
A mobile device (e.g. iPhone, newer generation smartphone) is required. HeyPatient offers the user support and services exclusively via the heyPatient app.
Data access by health partners - heyFamily
HeyPatient enables the user to make his data stored in heyPatient available to other users (third parties), in particular family members and medical service providers, in whole or in part.
Each of these third parties must also be registered as a user, even if they do not store any health data for themselves.
The date, time, type of access and IP address of all accesses are logged in the heyPatient app. The user can see the access log at any time under Settings.
3 User Obligations
The user ensures that he registers with his personal SwissID. The opening remains reserved within the framework of the statutory right of representation, for example for children.
Purpose of use
The user may only use heyPatient in accordance with the contract and for the intended purposes. In particular, the user expressly undertakes not to use heyPatient for any other purpose, not to behave improperly and / or not to save, distribute or make accessible any criminal or illegal content of any kind in heyPatient. The latter applies in particular to pornographic content that glorifies violence.
Correctness and completeness of the stored data and content
In his own interest, the user undertakes to ensure that the data entered and saved in the heyPatient app (or in other people's accounts managed by him) 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 or retrieved for technical reasons (e.g. lack of internet connection, interruption in the availability of the app).
Obligations to Other Persons
If the user collects data from other persons (e.g. family members) or processes such data, he must have obtained the express consent of all persons concerned in advance, insofar as he is not legally entitled to such actions. If a user manages and maintains the heyPatient accounts of other people and if such a person requests the deletion or transfer of their heyPatient profile, the user is required to do so immediately. He holds heyPatient harmless, should such third parties assert claims against heyPatient AG because of data recorded or otherwise processed about them in heyPatient.
Security against unauthorized access
The user treats the access data confidentially and does not pass them on to third parties. If there are indications that third parties have gained knowledge of his access data, he will immediately change the access data or have his profile blocked. HeyPatient rejects any liability for the consequences of the access data becoming known. The user recognizes actions that occur using his access data before blocking as his own actions or actions authorized by him and is responsible for them. The user is responsible for which other users he gives which access to his heyPatient profile. He is aware and bears the risk that such an access option can be misused by these third parties and that unauthorized persons can also gain access to the heyPatient profile if they get access to the access data of the third party authorized by him. It is the sole responsibility of the user to oblige these third parties to act accordingly, as far as necessary, to instruct them, to monitor them or to withdraw their access. HeyPatient is not obliged to take action against other users for a possible violation of these terms and conditions. In the event of a breach of one of the provisions listed in sections 3 and 5, heyPatient is entitled to block and delete the user's heyPatient profile and, if necessary, to claim compensation.
4 Conclusion of the Contract and Termination
Conclusion of contract
Upon completion of the registration process, the user accepts these terms and conditions.
HeyPatient can terminate the contractual relationship for important reasons. The following are particularly important reasons:
Non-compliance with legal regulations by the user;
Breach of contractual obligations by the user (e.g. false identity information, improper use);
the user harms one or more other users in a relevant manner.
If there is an important reason, without prejudice to a possible termination, heyPatient can also issue a warning or block or restrict the user's access to the services of heyPatient.
The user can uninstall the app at any time. The user is responsible for ensuring that he receives the data he needs in good time.
If a year has passed since the last logged access by the user or a third party authorized by him, heyPatient can delete the user's profile and terminate the present contract, provided that the user or a third party authorized by him does not within four weeks of the announcement of the Deletion accesses the user's heyPatient profile.
The user will be informed of this at the end of the year by push message in the app, by email and / or SMS.
heyPatient also has the right to terminate the contract with 30 days' notice.
5 Registration and Authentication
The user assures that all of the data provided when registering or logging in are complete and correct.
In particular, the official name and never the nickname or nickname is to be used. In addition, the user must immediately enter any changes to his personal data such as surname, address, telephone and mobile phone number and email address in the heyPatient profile. HeyPatient assumes no liability for the consequences of changes that are not displayed or displayed late
A Swiss ID is created or used for secure registration and authentication.
6 Responsibility for Content
HeyPatient assumes no responsibility for the content edited by the user in his profile. In addition, the user is solely responsible for the disclosure or transfer of this content to third parties.
As far as legally possible, HeyPatient excludes responsibility for information provided by service providers. In particular, HeyPatient does not guarantee that this content is correct, up-to-date and complete.
7 Data Access and Data Security
The user agrees that all persons he authorizes in the app to have access to the relevant data.
The data stored in the heyPatient profile is stored in a Swiss data center; the data is transmitted in encrypted form.
Despite the use of modern security technologies, absolute security cannot be guaranteed either on the part of the heyPatient or on the part of the user, or in the context of data transmission. HeyPatient recommends that users protect mobile devices with which they use heyPatient against unauthorized access. He has to bear the risks that result from the improper use of his legitimation instruments or access data, or in the context of the data transfer.
In addition, heyPatient assumes no liability for damage to the user's equipment or the data stored in it as a result of technical inadequacies, unauthorized manipulation of the network installations, overloads or other disruptions in the network, as well as all other interruptions and inadequacies or unlawful interventions in telecommunications equipment and computer systems .
8 Warranty and Liability
HeyPatient endeavors to ensure the proper operation of heyPatient. However, HeyPatient does not guarantee that the heyPatient app will be available at all times and without errors. As far as legally permissible, HeyPatient rejects any liability for any direct or indirect damage that the user may incur in connection with any use of the heyPatient app. This includes in particular damage due to the use of information, damage as a result of transmission errors, technical defects, interruptions, disruptions or illegal actions by third parties.
HeyPatient is not liable if the performance of the service is temporarily interrupted, completely or partially limited or impossible due to force majeure or coincidence or third-party negligence. Force majeure also includes power failures and the occurrence of harmful software (e.g. virus attack) as well as natural events of particular intensity (avalanches, floods, landslides, etc.), warlike events, riots, unpredictable official restrictions, etc.
Contents in heyPatient may have connections or references, so-called "links", to third party websites. The correctness and completeness of the information on the linked websites cannot be checked. HeyPatient explicitly declines any responsibility for their content. It is the responsibility of the user to find out about the applicable legal conditions of use on the respective website.
9 Final Provisions
HeyPatient reserves the right to change its services and these terms and conditions at any time and without giving reasons.
Changes will be made known to the user in a suitable manner; Messages from heyPatient to users can be validly sent to the email address registered by the user in the system and are deemed to have been made and delivered when they are sent.
The user is entitled to terminate the contract at the time the contract change comes into effect. Without notice of termination within 30 days of notification, the changes are deemed to have been accepted by the user.
Should individual regulations of these terms and conditions be or become ineffective, this will not affect the effectiveness of the remaining regulations. Any ancillary agreements or agreements between the user and heyPatient must be made in writing. The place of performance is the seat of heyPatient AG.
10 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 is the seat of heyPatient AG, unless mandatory Swiss law stipulates otherwise.