General Terms and Conditions of Sale

General Terms and Conditions of Use

The internet platform Soignez-moi.ch, accessible via the address [www.Soignez-Moi.ch] and the web app Soignez-moi.ch (hereinafter referred to as the “platform”) belong and are used by the company Soignez-moi.ch SA, CHE-380.008.257, Laupenstrasse 11, 3176 Neuenegg, which can be contacted at the e-mail address [info@Soignez-Moi.ch].

1. Description of the platform

The platform allows users who are covered by health insurance in Switzerland to enjoy simple access to medical services by a doctor. The user can submit a medical problem, and a photo if desired, to a doctor by answering a questionnaire and describing the problem, so that the doctor can suggest a diagnosis based on the information provided by the user.

Depending on the user’s answers to the questionnaire, the platform will be able to decide whether the process should be continued or stopped. If the latter applies, the user will be advised to visit Accident & Emergency, their general practitioner or to call the emergency services (144) directly if the case is deemed to be too serious and cannot be treated by a doctor on the platform. After contact has been established between the doctor and the user, only a doctor from the platform can provide a diagnosis in accordance with the rules and ethics of the medical profession.

By electronic prescription, the doctor can order additional tests which will be carried out by partners or prescribe medication to treat the symptom(s).

The user is made aware of the fact that the service is not suitable for emergency situations. If the problem is an emergency and/or has a significant degree of severity, the user is encouraged to immediately go to their closest Accident & Emergency service. The user recognises that Soignez-moi.ch cannot be held liable if the user submits an evaluation request to the platform, rather than going to Accident & Emergency in person, if their condition is urgent and/or extremely serious.

The platform is only available to adults of legal age in accordance with the applicable law (18 years old in Switzerland). If this isn’t the case, their legal representative’s consent is required.

2. Acceptance of the Terms and Conditions of Use

These terms and conditions of use outline the legal terms under which Soignez-moi.ch allows you to access and use the platform as a user.  They also include the defined confidentiality policy which is referred to in point 7 of this document.

By accessing and using the platform, you acknowledge that you have read and understood these general terms and conditions of use and that you agree to be bound by them and to comply with all the applicable laws and regulations. You guarantee that you are legally capable of accepting these general terms and conditions of use. If you do not accept these general terms and conditions of use, you must immediately stop accessing and/or using the platform. The user becomes a contractual partner of Soignez-moi.ch for an undetermined length of time. This can be modified, suspended or cancelled, partially or totally, by both parties, at any time without prior notification and without having to give a reason.

Soignez-moi.ch reserves the right to change these terms and conditions of use, at its sole and absolute discretion. If needed, you will be informed of the new terms and conditions of use by e-mail. You must expressly consent to any change in the confidentiality policy and/or the terms and conditions of use which affect the way in which your data is collected and/or handled. If you do not agree to such a change, you have no right to access the platform and you must immediately stop accessing and/or using it.

3. Faculty of discernment

The people who benefit responsibly from medical services should be capable of discernment. Faculty of discernment means the ability to act reasonably on a particular topic. Teenagers are capable of discernment regarding medical topics to the extent that unusual decisions must be made on an exceptional basis. When the patient makes a commitment (this is particularly relevant when assuming the costs), the ability to exercise their rights is therefore necessary. Any person over the age of 18 is capable of exercising their rights. If the person concerned doesn’t have the faculty of discernment or the ability to exercise their civil rights or if they are under the legal age, their legal representative’s consent (a parent for a minor) is necessary for all important decisions.

4. Registration/obligation of the user

The user guarantees that all the details provided during their registration are correct and complete. In particular, the user registers with their official surname, first name, personal e-mail address and personal mobile phone number. Usual names or nicknames are not authorised. Furthermore, the user must update their “Profile” page without delay if any of their personal details change, such as their surname, address, mobile phone number and e-mail address. Soignez-moi.ch cannot be held liable for any damage due to changes communicated at a late stage or which were not communicated at all.

The user commits, in their own interest, to ensure that all the information they provide is correct and complete. The user is liable for any consequences linked to erroneous or incomplete information.

The user is also personally responsible for ensuring that a third party cannot access their account and their user profile. The user is aware and accepts the risk that such access could lead to misuse by a third party. Moreover, the user makes sure that any images shared with the platform are of the best possible quality and taken in good lighting conditions. The user confirms that they have taken note of the fact that sharing images can in no way replace a visit to the doctor.

The use of the platform as a user requires you to create an account by choosing a password and providing your personal e-mail address as well as your personal mobile phone number. By creating an account, you guarantee and confirm that:

  1. you are over the Swiss legal age (18 years old);
  2. you enjoy your civil rights or have received the express consent of your legal representative to create an account;
  3. the information that you have provided Soignez-moi.ch in the registration form is correct, up to date, not misleading, does not represent identity fraud and cannot be misinterpreted;
  4. you do not share or give a third-party access to your account;
  5. you alone are responsible for maintaining the confidentiality of your account and your password.

All of the evaluation requests submitted via your account are kept and archived for a duration of at least ten years. You will be able to consult them from your account.

The e-mail address and mobile phone number chosen by the user for the registration process will be used by Soignez-moi.ch for communication purposes. Any e-mail or text sent by Soignez-moi.ch to this e-mail address or mobile phone number is deemed to have been validly received.

Soignez-moi.ch reserves the right to refuse the creation of an account, to block or close your account at any time, without having to give a reason.

5. Password

You are responsible for the quality and confidentiality of the password chosen during registration, as well as for any activity created by your password and your account.

You commit to immediately informing Soignez-moi.ch of any fraudulent use of your password or your account, identity fraud or any other security failure, and to ensuring that you close your account at the end of each session (log out).

Soignez-moi.ch cannot be held liable for the loss of any data or damage caused by your failure to respect these general terms and conditions leading to identity fraud or the illegal use of your account.

6. Security

Soignez-moi.ch is committed to ensuring that the systems, programs or other items over which it exerts its influence correspond to the current state of technology in security matters.  Soignez-moi.ch will take the necessary technical and organisational measures to ensure the security of your data. In the case of a security breach, Soignez-moi.ch commits to informing you as soon as possible.

Users must ensure the security of the systems, programs and data under their influence.

If the obligations set out in these general terms and conditions are violated, Soignez-moi.ch can immediately block access to the users concerned. If necessary, Soignez-moi.ch reserves the right to make claims for damages.

7. Privacy

By using the platform, you consent to Soignez-moi.ch and the platform’s doctors collecting, handling and using your personal data, medical details and other information about you (time of visit to the platform, browser used, etc.).  Such information obtained via the platform will only be used in accordance with the confidentiality policy available at the address [www.Soignez-Moi.ch/privacy] and of which the terms and conditions are referenced in these terms of use. Moreover, you expressly agree to the platform saving any information and communication, and to it keeping a record regarding the treatment of your consultation.

8. Access to the Platform

You are authorised to use the platform only in accordance with Swiss law and any other law which applies to you. You cannot use the platform for anything other than legal use. Any illegal or inappropriate use is prohibited.

In particular, you accept to not do one or more of the following activities when using the platform:

  1. use or try to use the account or the system of another person without the authorisation of Soignez-moi.ch, or create a fake or distorted identity;
  2. share or post spam, unsolicited or mass e-mails, chain letters or pyramid schemes;
  3. download, post, share, distribute or make accessible by any other means content containing a virus or other computer code, documents, Trojan horses, or programs which are designed to suspend, destroy or limit the features of any computer program, computer material, telecommunications equipment, or any other technology which could harm the platform or the interests and property of the users of Soignez-moi.ch;
  4. copy, modify or distribute rights or content on the platform, by whatever means;
  5. use any content or information on the platform in competition against Soignez-moi.ch;
  6. market any code or information or any software related to the platform;
  7. download, post, share, distribute, keep or otherwise make publicly accessible on the platform any personal data or medical data concerning other users or third parties, without the prior express consent of the said person;
  8. use the platform in any way which, at the discretion of Soignez-moi.ch, is unwelcome, illegal, inappropriate or which restricts or limits the possibility of other individuals to use the platform, or which could infringe on or engage the liability of Soignez-moi.ch or its users, including any pornographic, threatening, abusive or discriminatory content;
  9. facilitate or assist another person to undertake one or more of the actions mentioned above.

9. Functioning of the platform

In order to receive a diagnosis, the user must follow the subsequent steps:

  1. Implicitly agree to the terms and conditions of use of the website
  2. Answer the Questionnaire
  3. Describe the symptom through the Questionnaire
  4. May be stopped and redirected to Accident & Emergency if required
  5. If required, upload photos of the problem
  6. Log-in
  7. Provide additional medical data
  8. Provide personal contact details
  9. Provide the details of their general practitioner for follow-up
  10. Provide the required details to send an invoice or for direct payment
  11. Accept the Terms and Conditions of Use and the Confidentiality Policy;
  12. Submit the evaluation request
  13. Confirmation text/e-mail
  14. If required, give details of the pharmacy where a prescription or order for additional tests must be sent
  15. Accept the declaration of consent
  16. Accept the Terms and Conditions of Use and the Confidentiality Policy

The user must ensure that the answers to the questionnaire as well as any photos provided are of suitable resolution and quality and are up-to-date, correct and complete. Only the user can be held liable for any consequences linked to obsolete, erroneous or incomplete photos and/or answers to the questionnaire.

Once the evaluation request is submitted via the platform, one of the platform’s doctors will take note of the questionnaire and examine any photos provided. Within one hour (working days) and unless the platform is overloaded, the doctor will contact the user. The doctor must then diagnose and inform the patient. All contact is recorded, including telephone conversations. The user hereby consents to any telephone conversation being recorded and saved for quality monitoring purposes.

If the doctor believes that an in-person consultation is required, or that the symptom requires particular attention or is an emergency situation, the doctor will contact the user as quickly as possible by telephone to inform them.

If the doctor needs additional tests in order to establish a diagnosis, the user will receive a notification to inform them and ask them to carry out the tests with a partner chosen by both parties.

Once the doctor has completed their diagnosis report as well as any treatment (and electronic prescription), these are made available to the user via their account. The user will receive a notification via e-mail and/or text with a link to be able to read the document(s) once they are logged onto their account.

A follow-up is carried out once the diagnosis has been made available to the user via their account. The user must contact the doctor immediately if their symptoms worsen or change in a potentially dangerous way. The user must also answer the follow-up questionnaire so that the doctor can ensure that the treatment is working properly. Soignez-moi.ch cannot be held liable if the user does not answer the follow-up questionnaire in the required time frame.

The doctor will also create a case report for the patient which will be shared via their account. A copy of this report will be sent by e-mail to the general practitioner provided by the user, if the user gives their consent.

Any treatment (medication) or additional tests are in no case included in the price. The user is made expressly aware of the fact that the diagnosis does not replace an in-person consultation with a doctor.

10. Price and payment

The User commits to paying a maximum fee of CHF 59, including all taxes, for any evaluation request submitted via the platform.

The user commits to pay the fee as soon as they submit an evaluation request via the platform.

The fee is due even if the doctor is unable to diagnose the user’s condition for reasons which can be attributed to the user, in particular due to an incomplete questionnaire or poor quality photos.

By submitting an evaluation request, you expressly acknowledge your payment obligation. You are exclusively responsible for any fees which may be charged to the platform due to blocked payment and you commit to fully reimbursing Soignez-moi.ch for such fees.

11. Payment methods

Once the evaluation request is submitted, Soignez-moi.ch requires the user to submit their payment information and their billing address in order to be able to proceed with billing and the payment of the fee.

The billing or payment of the fee will be handled by a secure method (SSL) using the payment interface of the payment service provider. Soignez-moi.ch will use the API of the payment service provider and will comply, at all times, with PCI-DSS rules.

You consent to pay the fee which corresponds to the evaluation request as well as any administrative charges related to the payment. The price paid by the user in relation to the evaluation request cannot be cancelled or reimbursed.

Card payments

If you pay by card, Soignez-moi.ch commits to not copy, keep, record, take possession of or intercept payment data such as the credit card number whether the first six of the last four digits, expiry date, name of the card holder, type of card, card issuer, country where the card was issued, CVV code or password used on the payment interface.  Your payment information is transferred to the payment service provider through encryption to the payment service server. The encrypted data can only be decrypted by the payment service provider.

Your payment data will not be saved by Soignez-moi.ch. You understand and expressly consent to the payment service provider acting as file master as regards your payment data.

The payment service provider will provide the payment service and take all necessary measures to comply with the verification and reporting criteria as defined under the Federal Act on combatting money laundering and the financing of terrorism (RS 955.0).

At the request of the payment service provider, you agree to provide any information required concerning the transaction, in order to comply with the Federal Act on combatting money laundering and the financing of terrorism (RS 955.0).

As a user, you authorise and consent, by way of these terms and conditions, to the payment service provider debiting (directly or indirectly using a third-party payment service provider, in respect of their conditions) the fee from your credit card.

The fee will be debited using one of the payment methods listed on the platform, which may include Visa and MasterCard credit cards, PayPal or TWINT. You must immediately inform Soignez-moi.ch if you discover or suspect that your payment details have been shared or used by a third party without your authorisation.

12. Cancellation and reimbursement

Once the evaluation request has been submitted via the platform, it cannot be cancelled. Soignez-moi.ch will not provide the user with a cash refund.

Soignez-moi.ch reserves the right to cancel an evaluation request at any time for security or fraud prevention purposes.

In the case of cancellation, Soignez-moi.ch reserves the right to refuse any reimbursement if it is prohibited by the applicable law or does not fulfil the conditions of these terms and conditions of use or those of the payment service provider.

If the user’s credit card is used fraudulently or without the user’s authorisation by a third party, most card issuers will accept the risks and cover any fees resulting from such a fraud or abuse, which may have charges attached. Soignez-moi cannot be held liable for any costs that the user may need to pay following the submission of an evaluation request through the platform. Please refer to the policies of the payment service provider and the issuer of the card concerned.

By way of these terms and conditions, you expressly agree to not unduly cancel a payment handled by the payment service provider. If you unduly cancel a payment, you expressly consent to reimbursing Soignez-moi.ch for any direct or indirect damage, costs and/or charges (including chargeback, lawyers and legal costs) caused by the unjustified cancellation.

In order to avoid any abuse of the platform and/or any false or misleading evaluation requests, Soignez-moi.ch reserves the right to cancel the evaluation request if it is not possible to contact the user using the contact details they provided. There is no legal right to obtain a diagnosis through the platform.

13. Anti-fraud checks

Soignez-moi.ch ensures that all the data required by the payment service provider to proceed with the payment, including data related to anti-fraud checks, is provided to the payment service provider. By way of these terms and conditions, you expressly consent to provide Soignez-moi.ch, at their first request, with all the data required by Soignez-moi.ch to handle your evaluation request.

All the transactions handled by the payment service provider are checked and a certain number of checks are carried by the payment service provider.

14. Cancellation

Soignez-moi.ch may, at its sole discretion and without any responsibility to you, with or without reason, with or without notice, at any time, cancel your access to all or part of the platform and deactivate any of your accounts. Soignez-moi.ch will keep your medical data for 10 (ten) years if your account is removed or if you request that your account be deleted.

You consent to Soignez-moi.ch deleting, at its sole discretion, your password, account (or part of it) or your use of the platform and removing or deleting any content on the platform for whatever reason, in particular, among others, for a lack of use or if Soignez-moi.ch believes you have violated these terms and conditions of use and/or the confidentiality policy.

Soignez-moi.ch may also, at its sole discretion and at any time, cease to make the platform or part of it and/or its services available, with or without notice.

You accept that your access to the platform may be deleted in line with these terms and conditions of use, without notice, and you acknowledge and accept that Soignez-moi.ch can immediately deactivate your account and/or prohibit all access to these documents or the platform.  In addition, you accept that Soignez-moi.ch cannot be held liable in any way, to you or a third party, for the removal of your access to the platform.

15. Prohibited activities

By sharing content on or via the platform, whether on your account or via the questionnaire or discussions or any similar section of the platform, you commit to respecting all applicable legal provisions and not breaching third party rights and/or misappropriating and/or accessing personal data or confidential data of users.

You expressly commit to not sharing on or via the platform views or content which:

  1. are offensive, defamatory, slanderous or of any other type which may violate the honour or reputation of a third party
  2. are racist, xenophobic, revisionist or negationist
  3. are obscene, pornographic, paedophilic, offensive or contrary to good morals in any way
  4. infringe on the rights of others in any way, especially the right to privacy, the use of their image, the right to their name, the right to human or animal dignity, the protection of children and teenagers, or the protection of animals
  5. infringe on the intellectual property rights of others, especially trademarks and copyright (images, text, photographs)
  6. encourage discrimination, hate, violence, or to commit a crime
  7. are of an advertising nature, or in the realm of propaganda, extremism or proselytism
  8. are false in any way, potentially dangerous or which may put someone’s life, health or safety at risk
  9. do not comply with current laws and regulations
  10. serve you personally, in particular forcing a doctor to make an appointment for you as soon as possible

You commit to not sharing messages containing viruses or any other program which may cause damage to Soignez-moi.ch, its users or third parties on or via the platform.

You commit to not overloading the server which hosts the platform.

You commit to not copying the profiles and/or information or personal data available on the doctors’ profiles.

You are solely liable for the remarks and/or content (text, images, sound etc.) that you share via the platform, at a civil, administrative and legal level. However, you expressly agree to Soignez-moi.ch removing all content from the platform that doesn’t completely comply with these general terms and conditions or applicable legal provisions.

Soignez-moi.ch reserves the right, upon the request of a judicial authority or third party, to communicate all the information in its possession to allow or facilitate the identification of a user, such as their IP address and the time at which they logged on, in particular if the user does not respect the aforementioned obligations.

Soignez-moi.ch reserves the right to restrict or remove access to the platform of any user who does not fully comply with the provisions of these general terms and conditions or applicable legal provisions.

Users must fully compensate Soignez-moi.ch (including for infringements to the use of their image and/or their reputation and for any legal fees) for any direct or indirect damage caused by a prohibited or illegal activity conducted on or via the platform.

16. Link

If you would like to establish a link to the platform, you expressly commit to: (i) not showing the platform on another platform; (ii) not creating a link between the platform and a third party or a third party platform without the prior authorisation of Soignez-moi.ch; (iii) assigning the platform to which the link is made correctly to Soignez-moi.ch; (iv) ensuring that the link does not imply, implicitly or explicitly, that Soignez-moi.ch approves, supports or accepts responsibility for the activity of any other Internet platform, company or entity and (v) not presenting Soignez-moi.ch and/or its activities in a false, misleading, defamatory or insulting way or in any other way which may harm the reputation of Soignez-moi.ch or to take advantage of it.

Including a link to the platform does not mean that you are authorised to use any of the content, logo, images or brand of Soignez-moi.ch or a third party without the prior, specific and written consent of the right holders.

Soignez-moi.ch reserves the right to ask you to remove any link to the platform, without the need for justification.

You agree to destroy any content or copy of the platform or a part thereof which is shared on your platform or in your possession as soon as possible following receipt of such a request from Soignez-moi.ch.

17. Intellectual property rights

Intellectual property rights and all other property rights pertaining to the content on the platform are the exclusive property of Soignez-moi.ch. This includes the rights on the platform and software, layouts and databases that are linked to the platform. No part of these terms and conditions of use can be construed as a transfer of intellectual property rights belonging to Soignez-moi.ch.

Users are not authorised to use the name or brand of Soignez-moi.ch for marketing purposes or as a link without the prior consent of Soignez-moi.ch.

The domain name on which the platform is hosted is the exclusive property of Soignez-moi.ch. Users are not authorised to use or select a similar name for their own use.

18. Service modification

Soignez-moi.ch reserves the right, at any time, to suspend, modify or close, temporarily or permanently, the platform and/or a part of its services, with or without notice, and without compensation to its users. You accept that Soignez-moi.ch cannot be held liable to you or a third party for any modification, suspension or closure of the platform or part thereof.

Furthermore, Soignez-moi.ch is not required to update the platform.

19. Absence of guarantees

You access the platform and use it at your own risk.

The platform and its content are provided as such and according to their availability.

Soignez-moi.ch expressly declines, and you waive, any guarantees of any type, whether explicit or implicit, including in particular any implicit guarantee regarding its ability to achieve a specific goal, availability, marketability or non-violation of the platform and/or its content.

You understand and accept that Soignez-moi.ch cannot be held liable for illegal behaviour undertaken by users on or via the platform.

Soignez-moi.ch provides no guarantees and makes no declarations according to which (i) the platform and its content will answer your needs or be correct, not dangerous or free of any risk to your health, safety or life (ii) the platform will be available in a continuous, secure and error-free way (iii) the diagnoses that you can obtain via the platform will be correct. They are given according to the rules of the medical profession by Soignez-moi.ch doctors, (iv) any error will be corrected, (v) the users will comply with their obligations and/or applicable legal provisions.

Any document downloaded or obtained from the platform or via the platform is done so at your own will and risk and you will be solely liable for any damage caused to your computer system or any loss of information as a result of downloading these documents.

No information, whether verbal or written, obtained by you from Soignez-moi.ch or via the platform will create a guarantee or obligation other than that which is expressly included in these General Terms and Conditions of Use. Soignez-moi.ch cannot be held liable for issues related to the trust placed in these features by the user or anyone who may be informed of any part of its content.

All the information and details provided on the platform can be changed or removed at any time without prior notice.

Soignez-moi.ch cannot be held liable for the information and details available on the platform and they do not constitute a contractual commitment on behalf of Soignez-moi.ch.

20. Compensation

You commit to compensating Soignez-moi.ch and its partners and employees and to exempt them of any liability for any loss, damage, claim, penalty, fine, fees and charges, including, and without restriction, legal fees and the cost of a lawyer, which may be incurred due to: (i) your use of or access to the platform; (ii) your non-compliance with any provision of these terms and conditions of use, (iii) any allegation by a third party concerning content that you put on the platform or any other use of the platform which would infringe on any intellectual property rights, personality rights, right to privacy of this third party or which caused any other damages to a third party.

21. Limitation of liability

These terms and conditions of use expose the maximum extent of Soignez-moi.ch’s obligations and responsibilities linked to the platform.

Neither Soignez-moi.ch, the user or the doctor can be held liable due to impossibility in cases of force majeure.

Soignez-moi.ch provides no guarantees regarding the platform and/or its content, including that of information published or made available on the platform, whether it be regarding their availability, correctness or compliance with the law. Soignez-moi.ch will not check, update or correct this type of information. Soignez-moi.ch does not guarantee that the platform will be accessible at all times and expressly reserves the right to stop its use and close it at any time and without notice.

In any case, and to the extent allowed by the law, Soignez-moi.ch and its subsidiaries do not accept any responsibility for any claim linked to the use of the platform which is higher than the value of the pecuniary entitlement paid by the person in question via the platform.

Any action, claim or complaint caused by or linked to the use of the platform must be submitted within one (1) year of the cause for this action, claim or complaint, subject to contractual penalty.

22. Force majeure

Soignez-moi.ch cannot be held liable for any delay or loss if the said delay or loss is beyond its control or the result of an event of force majeure, in particular natural disasters, government provisions, war, fire, flood, explosion or popular movements.

23. Transfer

You cannot transfer any of your rights and obligations under these terms and conditions of use without the prior written consent of Soignez-moi.ch.

Soignez-moi.ch can transfer all of its rights and obligations under these terms and conditions of use without the user’s prior written consent, including any personal data. If such consent is required by mandatory law, Soignez-moi.ch will notify the user of the transfer of their rights or obligations by e-mail or via the platform. Unless the user expressly refuses to agree to the transfer within two weeks of notification, it will be considered that they have agreed to the said transfer.  If such a refusal is received from the user, Soignez-moi.ch reserves the right to cancel any agreement which links it to the user, and which is subject to these terms and conditions of use without notice.

24. Complete agreement and separability

These terms and conditions of use, the confidentiality policy and other applicable policies, including any modification or addition that Soignez-moi.ch could implement at any time, will constitute complete agreement between the user and Soignez-moi.ch regarding the platform.

If Soignez-moi.ch fails to exercise or apply any right or provision included in these general terms and conditions, this will not constitute renunciation of this right or the relevant provision.

If one or more provisions included in these general terms and conditions of use is rendered invalid by a court or competent authority, only the provision in question will be limited, as little as possible, and the other provisions will remain entirely enforceable.

25. Form requirement

Unless it is otherwise specifically indicated, the written form will be required for any addition or modification to these terms and conditions of use. It is noted that the use of e-mail will be sufficient.

26. Applicable law and jurisdiction

These terms and conditions of use, including all questions arising or related to them (including disputes or non-contractual claims and their interpretation) are subject to Swiss law, excluding conflict-of-law rules.

Any claim or dispute linked to these terms and conditions of use or linked to the said disputes (including non-contractual disputes or claims and their interpretation) will be subject to the exclusive jurisdiction of the Courts of the canton of Bern, Switzerland.