Terms and Conditions for using MedLex

Preamble

BY USING AND/OR VISITING THE SITE YOU GIVE YOUR ASSENT TO BOTH THESE TERMS OF SERVICE AND TO MedLex PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE.

These Terms of Service (referred to herein as "Terms") shall govern the contract relationship between the User and MedLex.
The services provided by MedLex are intended exclusively for persons of legal age.

The owner of the Site, company name (referred to herein as "MedLex") may modify or terminate any services offered by MedLex from time to time (the "Services"), for any reason, and without notice, including the right to terminate with or without notice, without liability to you any other user or any third party. We reserve the right to modify these Terms in our sole discretion without notice. Please review these Terms from time to time so that you will be apprised of any changes.

If you do not agree to any of these Terms, then please do not use this Website or any MedLex Services.

1. Purpose.

The mission of MedLex is to connect Swiss healthcare and health insurance professionals to enable them to be more productive and successful. To achieve this goal we make services available through our website and developer platform, to help you, your connections, and other professionals meet, exchange ideas, learn, make deals, find opportunities or employees, work, and make decisions in a network of trusted partnerships and groups

2. Registration, and Representations and Warranties upon Registration

2.1

The User must register prior to using any of the services on the MedLex Website.

2.2

The User warrants and represents that all of the data provided by the User for registration is accurate and complete. The User shall report any changes in the registration data to MedLex without undue delay.

The User shall not use pseudonyms or pen names.

2.3

The User warrants and represents that he or she is of legal age at the time of registration.

2.4

The User shall choose a password upon registration. The User is obliged to keep this password secret. MedLex shall not disclose the password to any third party and MedLex shall not ask for the User's password at any time.

2.5

By completing the registration process, the User consents to enter the agreement to use the services of the MedLex Website. MedLex accepts this offer by activating the membership for the use of services on MedLex Website.

2.6

It is technically impossible for MedLex to determine with certainty whether any user registered with MedLex is in fact the person he or she represents to be. Therefore, MedLex assumes no liability for the actual identity of a user. Each user is solely responsible for checking the actual identity of another user.

3. Obligations of the User

3.1

The User is obliged.

3.1.1

To provide only true and non-misleading statements in the User profile and in communications with other users, and to refrain from using any pseudonyms or pen names.

3.1.2

To post on the MedLex Website only photographs of the User in which the User can be clearly and plainly recognized. The User warrants and represents that the public display of the photographs delivered by the User to the MedLex Website is not prohibited. The User shall not upload any photographs or images of any other person than of the User, or of non-existent persons or other beings (such as animals, imaginary creatures, etc.).

3.1.3

To comply with all applicable legislation, and respect all third-party rights. In Particular, the User shall not

  • Use any insulting or defamatory contents, regardless of whether said contents are directed at another user or MedLex personnel or other companies
  • Use any pornographic or violence-glorifying materials or any contents that violate any applicable legislation for the protection of minors; or advertise or promote, offer or distribute any pornographic or violence-glorifying product or products which do not comply with any applicable legislation for the protection of minors
  • Use without authorization any contents protected by law (e.g. by copyright, trademark, patent, utility patent, or design patent laws), or advertise, promote, offer or distribute any goods or services protected by law.
  • Use or promote any commercial practices considered unfair competition, including progressive customer acquisition practices (such as chain distribution systems, multilevel selling or pyramid sales).

3.1.4

To refrain from engaging in any of the following annoying actions, even if they do not constitute a breach of any applicable laws:

  • Sending chain letters
  • Performing, advertising and promoting any form of structural distribution measures (such as multi-level marketing or multi-level network marketing) or
  • Communicating in any insinuating or sexual way (suggestive or explicit).

3.2

The User is prohibited from the following:

  • Employing any mechanisms, software or scripts when using the MedLex Website. However, the User may use the interfaces or software provided by MedLex within the scope of the services available on the MedLex Website.
  • Blocking, overwriting, modifying and copying of any contents of the MedLex Website, unless said actions are necessary for the proper use of the services on the MedLex Website. For example, the use of the "Robot/Crawler" search engine technology is not required for proper use of the services, and is therefore prohibited.
  • Distributing or publicly disclosing the contents of the MedLex Website or any other user.
  • Performing any actions which may impair the operability of MedLex infrastructure, particularly actions which may overload said infrastructure.

4. Term and Termination of Membership

4.1

The User may terminate the free membership with the MedLex Website at any time without cause. The User may deliver notice of termination using the contact form available on MedLex Website at any time. The termination notice shall include the User’s registered name and an email address of the User registered on the MedLex Website.

4.2

A good cause is defined as an event which makes it unacceptable for MedLex to continue the agreement to the end of the termination period, taking into account all circumstances of the individual case and weighing the interests of MedLex against the User's. A good cause includes any the following events:

  • If the User fails to comply with any applicable legal provisions;
  • If the User breaches a contractual obligation;
  • If the reputation of the services offered on the MedLex Website is substantially impaired by the online presence of the User;
  • If the User promotes any communities or associations (or any of their methods or activities) which are under surveillance by authorities responsible for public safety or the protection of minors, or;
  • If the User causes harm to any other user(s).

4.3

In the event of a good cause MedLex is entitled to:

  • Delete the contents posted by the User
  • Issue a warning, or
  • Block the User's access to the services on the MedLex Website.

4.4

In the following cases, the User shall not be entitled to claim reimbursement of any advance payments:

  • If MedLex has terminated the contract for good cause;
  • If MedLex has blocked the User’s access in accordance with these Terms;
  • If the User has terminated the agreement. However, the User's right to claim reimbursement of any advance payments shall not be excluded in this case if the User has terminated the agreement for a good cause attributable to MedLex.

5. Responsibility for the User’s Content, Data or other Information

5.1

MedLex does not make any warranties or representations regarding any data and/or information provided or made available by any user on any of the MedLex Website or on any external websites linked to it. In particular, MedLex does not warrant or represent that said data and/or information is true or accurate, or that it fulfills or serves any particular purpose.

5.2

The User may report any activities of any other user which violate applicable laws and/or any of the terms and conditions of these Terms (including the use of pseudonyms or false identities) using the contact form.

6. Customer Service/Support

Queries regarding agreement with MedLex or regarding MedLex Services can be sent by the customer to MedLex using the contact form available at all times on all the MedLex Website or by sending a fax or letter.

7. Liability of MedLex

Whatever the legal grounds, liability for damage claims based only on ordinary negligence against MedLex (including its vicarious agents) shall exist only if MedLex breaches a basic/cardinal obligation under this agreement. A cardinal obligation is an obligation the User can expect to be met, and which fulfillment is a prerequisite to the ordinary execution of the contract. In this event, the amount of claims is limited to typical and foreseeable damages.

Limits shall not apply to the extent damages are covered by MedLex business liability insurance, provided the insurance company has effected payment to MedLex. MedLex undertakes to maintain the insurance coverage existing at the time this agreement is concluded.

This shall not affect personal injury and property damage claims. Furthermore, the above liability exclusions and limitations shall not apply in the event of the assumption of express guarantees by MedLex or its vicarious agents, or given the lack of promised features.

8. Indemnity

8.1

The User shall indemnify and exempt MedLex from all actions, including damage claims, asserted by other users or third parties against MedLex resulting from an infringement of their rights by the contents posted by the User on the MedLex Website. Furthermore, the User shall indemnify and exempt MedLex from all actions, including damage claims, asserted by other users or third parties against MedLex resulting from an infringement of their rights regarding the use of the services on the MedLex Website by the User. The User assumes all reasonable costs MedLex incurs due to an infringement of third party rights, including all reasonable legal defense costs. All other rights, including damage claims by MedLex, are hereby unaffected. The User has the right to prove that MedLex incurred lesser charges than claims made.

The aforementioned obligations shall not apply to the extent the User is not responsible for the infringement.

8.2

In the event the contents posted by the User infringes any rights of any third party, the User shall, at its own expense and at MedLex discretion, either obtain the right to use said contents or render said contents free of any infringement. In the event the User infringes third-party rights when using the services of the MedLex Website, the User shall discontinue such use that violates these Terms and the law, if so requested by MedLex.

9. Data Protection

MedLex recognizes that any data provided by the User to MedLex is extremely important to the User, and MedLex shall therefore be particularly sensitive in handling such data. MedLex shall comply with all applicable legal provisions regarding data protection. In particular, MedLex shall not provide or otherwise disclose any personal data of the User to any third party without authorization.

10. Final Provisions

10.1

MedLex reserves the right to amend these Terms at any time, without giving reasons, unless an amendment is unreasonable to the User. If the User does not object to the applicability of the revised Terms within six (6) weeks after receipt of said notice, the amended Terms shall be deemed to be accepted by the User.

10.2

Unless otherwise stated in these Terms, the User may submit all notices to MedLex using the contact form provided on the MedLex Website, or by letter or fax. MedLex may send notices to the User by email, fax or post to the addresses given in the User’s current contact data in his or her user account.

10.3

If any provision of these Terms is, for any reason, invalid and/or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.

10.4

The place of performance under these Terms shall be MedLex main place of business.