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Terms of use

V. 02.2022

 

Scope

 

These Terms of Use, together with the referenced documents, are applicable to the Swiss 144 App as well as the website SWISS144.ch and SWISS144.com hereinafter “SWISS144 Service”.

The SWISS144 Service enables you to contact the Swiss local emergency, or if abroad the emergency assistance services Medicall. These numbers are not free of charge; depending on your telecommunications operator, costs may arise in connection with the use of those numbers. Via the SWISS144 App, you will have the possibility to share your location via SMS to a chosen emergency contact. You also have the option to directly add next of kin who are to be contacted in the event of an emergency. 

Additionally, you have the option to purchase several different insurance packages via the application; the General Insurance Conditions (GIC’s) are fully applicable. 

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 of Use at any time and without notification.

The User accepts that by using the SWISS144 Service, the validity of the and applicability of the most current version of the Terms of Use, they may be supplemented, modified, or replaced by other terms and conditions at any time and without notification. 

 

Term

 

By downloading and installing the SWISS144 Service App or accessing the Website, these Terms of Use come into force and remain in force for an unlimited duration. The insurance coverage (if applicable) begins and ends in accordance with the insurance contract. 

 

Operator

 

The SWISS144 Service is operated by Swisscare Switzerland Ltd, Morgenstrasse 129, 3018 Bern.

The access to and use of the SWISS144 Service is conditioned upon the acceptance of and compliance with these Terms of Use. These Terms of Use apply to all visitors, users, and others who access or use the Service. 

By accessing or using the SWISS144 Service, the User agrees to be bound by these Terms of Use. If the User disagrees with any part of the terms, the SWISS144 Service may not be accessed.    

 

User Account

 

In order to access and use the SWISS144 Service, a registration process must be completed providing at the minimum the email address. 

The User understands that the SWISS144 Service can only fulfill its function if the data provided is current and up to date. Consequently, it is the User’s obligation to ensure your data is current, accurate, and correct. The User is solely responsible for any and all activities (including misuse) of the SWISS144 Service and related services. The User agrees to notify Swisscare upon learning of any unauthorized use of the SWISS144 Service.

The SWISS144 Service can only be accessed by individuals of legal age who have been assigned a User Account by Swisscare. 

The process is as follows, on request, a personal link is sent to the chosen third party with a password, who can then set up their User Account, which includes 2-factor authentication and is password protected. The initial password must be changed immediately at first access. 

Only one account per User may be established unless written consent states otherwise. Accounts cannot be transferred or assigned to any third party.

Swisscare also reserves the right to change the identification details and verification process at any time. 

 

Intellectual property

 

Information, brand names, and all other contents of the SWISS144 Service 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 SWISS144 Service 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 SWISS144 Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the SWISS144 Service without the written permission of Swisscare. The use of the trademarks displayed or any other content on the SWISS144 Service, except as provided herein, is strictly prohibited. The User acknowledges that there is no right to have access to the SWISS144 Service in source code form.

Subject to these Terms of Use, the User will receive a limited, revocable, non-exclusive, non-transferable worldwide license to access and use the Service.  Nor rights can be directly or indirectly be construed as sold to a User. The sole right of the User is to use the SWISS144 Service in accordance with these Terms of Use.

The User may not at any time sell, lease or otherwise make available to third parties the information, software, or documentation. The User acknowledges 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 Terms of Use, 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 SWISS144 Service, Swisscare shall be entitled to use these free of charge for the development, improvement, and adaptation of any of its products.

 

Minors

 

Access and Use of the Swisscare144 by minors, as defined by the applicable law, is subject to the prior approval of their legal representative, which is considered as granted by enabling access and use of the SWISS144 Services. The legal representatives are considered to be liable and responsible for the minor’s under their care and related to access and use of SWISS144 Services they represent the minor towards Swisscare and their third-party providers. 

 

Data Protection 

 

The User’s submission of information, including personal information, through or in connection with the SWISS144 Services  (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 SWISS144 Service 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. The use of such websites is at the User’s own risk. 

 

Limitation of liability

 

To the extent permitted by law, any and all liability is expressly excluded. Swisscare shall not be held liable for any direct, indirect, special, incidental, and/or consequential damages related to the Swisscare144 Services. The User is solely responsible for any damages that may result from the access or use of the SWISS144 Services.
In particular:

  • The User understands and agrees that the access and use of the SWISS144 Service are subject to technical requirements that are beyond the control of Swisscare.
  • Swisscare explicitly excludes any and all liability for incomplete, incorrect, or outdated User information which hinder the Operator from locating you, any technical hardware or software failures of any kind whatsoever, lost or unavailable or faulty network connections; failed, delayed, incomplete, or garbled transmissions; any other problems, errors or omissions which may limit the use or performance of the SWISS144 Services or of the User’s equipment (e.g., if the Operator or rescue services are not able to locate the User due to lack network connectivity or other technical reasons); as well as any other delay or failure that is due to an unforeseen cause or beyond the reasonable control of the Operator. 

 

Important Notice

 

The content provided in the SWISS144 Service is intended for general informational purposes only. Companies and individuals should not rely on the information provided in the SWISS144 Service 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 SWISS144 Service and do not change or alter any other contract or agreement existing between the User and Swisscare.

 

Restrictions

 

When using the SWISS144 Service, the User may not:

  • Use the SWISS144 Service in an unlawful manner, for any unlawful or criminal purpose, in an abusive manner, or in any manner inconsistent with these Terms of Use, or act fraudulently or maliciously; 
  • Contravene the rules of good conduct during usage;
  • Infringe industrial property rights, copyrights, or other property rights;
  • Transmit content containing viruses, Trojan horses, or other programs that can damage software or the site;
  • Enter, store or send hyperlinks or content without authorization to do so, particularly when such hyperlinks or content violate confidentiality obligations or are unlawful;
  • Use the SWISS144 Service 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;
  • 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;
  • Use the SWISS144 Service 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 SWISS144 Service;
  • Use the SWISS144 Service to collect, harvest, or process any data from Swisscare, 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 SWISS144 Service without prior written consent.

Swisscare has the right to block any User from accessing the SWISS144 Service, especially if any provisions in these Terms of Use are violated.

 

Representations & Warranties

 

The User represents and warrants the following:

  • That the User has the Right and Authority to agree to these Terms of Use
  • That all information provided by the User will be current, truthful, accurate, and complete and that any changes will be notified immediately
  • That the User will comply with these Terms of Use
  • That the User will fulfill his or her obligations
  • That the User is responsible for all costs, expenses, losses, and liabilities incurred that are related to the access and use of the SWISS144 Services
  • That the User will only access and use the SWISS144 in the manner defined in these Terms of Use and in the manner to which it has been intended
  • The User will hold harmless and indemnify the Operator as well as any of the Operator’s officers, directors, representatives, and employees harmless.

 

Disclaimer

 

The SWISS144 Service 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 Check-In Service is expressly disclaimed. 
No warranty is made concerning the completeness, accuracy, or currentness of information or content provided in the SWISS144 Service. Such information is also subject to change at any time without notice. 
No warranty is given that the functions of the SWISS144 Service will be uninterrupted or error-free, that defects will be corrected or that the SWISS144 Service 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 SWISS144 Service.

 

Termination

 

The insurance coverage terminates in accordance with the General Insurance Conditions and the insurance policy. 
Swisscare may terminate or suspend access to the SWISS144 Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if the User breaches the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

 

Assignment

 

The User’s rights and obligations are non-transferable. 

 

Severability

 

Should any of these Terms of Use be determined as void, invalid or unenforceable for any reason by a court of competent jurisdiction, the concerned provision will be enforced to reflect the intent of the parties. The remaining provisions shall remain in force and fully effective without being impaired or invalidated in any way. 

 

Force Majeure

 

Neither Party will be liable for inadequate, delayed, or non-performance of its obligations under these Terms to the extent that such inadequate, delayed, or non-performance is a result of a condition (for example, natural disaster (including earthquake, fire, flood, or other acts of GOD,) act of war or terrorism, riot, labor condition, governmental action, power failure, and Internet disturbance) that was beyond the party’s reasonable control.

 

Place of Jurisdiction, Applicable Law.

 

All questions and disputes in connection with the SWISS144 Service are subject exclusively to substantive Swiss law. Sole jurisdiction is the seat of Swisscare; compulsory places of jurisdiction remain reserved.