General Terms and Conditions of Service
1. These General Terms and Conditions of Use (GTC) govern the relations between Airdoc Health Travel GmbH, Markus Will, Zurich (Airdoc) and persons wishing to use the services of Airdoc. The current version of the GTC are available on the Internet at www.airdoc.ch under „GTC“ (see also section X below).
2. Airdoc is the owner and operator of the internet platform www.airdoc.ch (Platform). Private individuals (Customers) can use the services offered there via the Platform.
3. Airdoc itself does not offer medical services, but arranges them as an intermediary. The contractual relationship exists between the user and the relevant medical service providers (Contractors) in accordance with (Service Contract, see section IV and Annex 1).
1. Airdoc’s task is the safe operation and maintenance of the platform as well as the mediation of the contract between clients and contractors (see I 3.).
2. The contractor commissioned by the client prepares the service on the basis of the documents presented by the client and detailed information. Airdoc and the contractor recommend a personal consultation with the client on site.
3. By submitting their documents and information, the contractor guarantees that the documents and information transmitted by them are genuine, that all information and data provided by them is true and complete and that they have all the rights necessary for the transmission of the documents, information and data Should a third party assert claims against Airdoc and/or the contractor because the transfer was made in violation of third-party rights (such as intellectual property rights or personal rights), the client undertakes to indemnify Airdoc and the service provider in full.
4. Airdoc confirms the request of the client on behalf of the contractor. With the confirmation, a binding service contract is concluded between the client and the contractor (see section IV.).
1. Airdoc does not guarantee the uninterrupted availability of the platform. In particular, Airdoc shall not be liable for disruptions in the quality of access to the platform services due to force majeure or events for which Airdoc is not responsible.
2. Airdoc is not liable if the user violates these terms and conditions (GTC) or the service contract.
3. Airdoc cannot be held liable for any damage that occurs in connection with a service. Airdoc is not a party to the service contract. Users are aware that provision of a service through the platform is not a substitute for a visit to a medical specialist, a second opinion is not an official medical opinion, and a personal consultation with a local service provider is beneficial.
IV. Data Protection
What we use your data for
Airdoc ensures the confidentiality and security of your data. Your data will be used solely for the purposes for which you gave your consent and will never be given to third parties not involved in your specific case (see “Who has access to your personal data” below).
How your data is stored
Your data is kept encrypted and separate from other people’s data. All health data will be hosted on servers in Switzerland that guarantee state-of-the-art data security. Airdoc will in no case transfer or store health data abroad.
Users’ data will be transmitted to Airdoc via a secure internet connection: For the transmission, a 128-bit encryption is used, which is based on the SSL protocol (SSL = secure socket layer). The secure Internet connection can be recognized by the “http” extended by an “s” (i.e. https) in the Internet address (URL) in the address bar of the Internet browser. Another sign of the secure connection is a lock icon, which is displayed in most browsers.These protective measures will be constantly adapted in accordance with technological progress.
Your rights and our guarantees
Every user of our services (16 years old or older) has the right to be informed about their personal data we use, and the right to access the data they have given at any point in time. We always leave you the right to modify your data, manage who has the rights to access it or change it, or you can request for your personal data to be completely erased. We are committed to keep you updated about any changes regarding your personal data, and we guarantee not giving your personal information to any third parties.
Who has access to your personal data
Your personal data can only be modified by you and by your data administrator. The data can only be seen by the medical specialists and your personal interpreter when there is a need for this data to support any medical process that is required. Both the medical staff and the interpreters are not allowed to disclose your personal information to anyone else (rule of confidentiality). If the personal information is that of a child below 16 years of age, the personal information may be disclosed to the child’s legal guardians.
V. Declaration on Delivery of Medical Confidentiality
For the operation of the platform, Airdoc relies on the processing of health information of users, which may be subject to medical confidentiality (Art. 321 of Penal Code). To the extent that Airdoc’s organs or staff (for example, interpreters) are under medical confidentiality, users shall expressly release them from medical confidentiality regarding all information and documents they provide at the platform (for example, as part of a request for a second opinion).
VI. Applicable Law, Jurisdiction
These terms and conditions (GTC) are subject to Swiss law, excluding the UN sales law. For all claims in connection with these terms and conditions (GTC), the ordinary courts of the city of Zurich shall be exclusively responsible.
VII. Changes to these Terms and Conditions (GTC)
Those current terms and conditions (GTC) are applicable, which are published on the platform with date.
Service contract users / third party providers
The following contract is concluded between a user and the third party.
Third Party Provider (“Contractor / Service Provider”)
§ 1. Object of the contract
The third party shall provide for the client one of the services displayed on the platform and requested by the client.
§ 2. Services and prices
The services and prices are presented on the platform. The current tariffs and details published on the platform are applicable in accordance with the date of the order.
§ 3. Liability
The customer is informed in the general terms and conditions of the platform www.airdoc.ch, that Airdoc, Markus Will recommends personally discussing the situation and the further medical procedure with another medical specialist on site. In their own interest, therefore, it is up to the customer to comply with this recommendation. If the client ignores this recommendation, they are aware that this is not conducive to the best possible diagnosis or treatment. Any damage caused to the client as a result of disregard for the stated recommendation shall be borne by the client himself.
§ 4. Confidentiality
The parties (customer, contractor, Airdoc, Markus Will) undertake to maintain secrecy about all matters that come to their attention with regard to everyone, even after termination of the service. However, the contractor is authorized to upload documents to the online platform of Airdoc, Markus Will, so that the customer can download them from there. The customer releases the corresponding service provider to Airdoc, Markus Will in this respect from the medical confidentiality.
§ 5. Final Provisions
Should any provision of this contract be wholly or partially invalid, this shall not affect the validity of the remaining provisions. In this case, the parties are obliged to negotiate an effective and reasonable substitute provision that comes as close as possible to the economic purpose pursued by the parties in the invalid provision. The same applies to gaps in the contract.
Jurisdiction for all disputes arising from this contract is the competent court in Zurich. Swiss law applies.
30 November 2017