1) Subject of the General Terms and Conditions of DocApp
These General Terms and Conditions regulate the relationship between DocApp and the service providers (doctors and dentists), who are registered on the online doctors search platform www.docapp.ch. Divergent conditions, which are contrary to the GTC, are void.
2) The protection of personal data
DocApp collects several personal data of the service providers and end users in the framework of the registration of the medical service providers, the provision of services of DocApp and the use of the online doctors search platform by end users and service providers.
The processing of these data by DocApp is governed by the rules of the data protection declaration, which can be looked at on www.docapp.ch.
It regulates in particular, which use of the data, referring to the service provider`s person, is permitted and which opportunities the service provider has to restrict or exclude this processing of the data.
3) Conclusion and content of the contract
Every service provider listed on DocApp is free to register himself on DocApp at no charge. A doctor or dentist benefits from the general registration, because then he can be found in his discipline and contacted for appointment requests by end users. In addition to that, the service provider has the possibility to broaden his profile with textually and visually relevant services and those offered by DocApp by choosing a DocApp membership.
A DocApp membership is subject to a charge and is given, provided that the intern quality requirements are fulfilled. By completing the registration, each service provider confirms that his data are up to date, complete and true; especially, that no copyright laws (texts, pictures) are infringed.
The contract is considered concluded, as soon as the service provider has successfully completed his registration on DocApp and his data have been proven and published online.
The conclusion of a DocApp membership is not part of this GTC agreement. Such a contract is subject to a charge and requires an individual agreement. In any case, DocApp is entitled to delete the publication without giving reasons.
4) Cancellation, termination and dissolution of the contract
Each service provider is entitled to withdraw his general registration at any time without giving reasons.
The dissolution of a DocApp membership is not part of this GTC agreement. The termination for the dissolution of such a contract results from the individual agreement.
The service provider gets deleted on DocApp, when he terminates the contract and the previously made contractual relationship is being finished. DocApp is entitled to terminate the contractual relationship without notice in case of infringement against the General Terms and Conditions or other statutory provisions. After the termination of the contract, DocApp deletes all data concerning the service provider’s profile.
5) Costs for the general registration
The general registration on DocApp is free for all medical service providers listed on the online doctors search platform. There are no costs incurred. The conditions of a DocApp membership are not part of this GTC agreement. Such a contract is subject to a charge and requires an individual agreement.
6) The service providers’ obligations
The medical service provider takes responsibility for the content of his registration and for the information and contact details, which he has made available about himself.
The service provider is committing himself in particular, not to give wrong or misleading information regarding the title or professional discipline.
7) Complaints about the medical service providers‘ reviews
Every registered service provider is free to complain about reviews assigned to his profile, as far as he has reasonable doubts concerning the credibility of the review.
In the case of a complaint, the review is being proven by DocApp. If the doubts of the service provider are confirmed, the review is no longer being published. Otherwise it gets activated on the website again. DocApp reserves the right to publish reviews in the service provider’s profile.
8) Obligations and liabilities of DocApp
DocApp contracts into respecting the protection of the service provider`s data according to the data protection policy of DocApp (www.docapp.ch) and the applicable law, after the service provider`s registration. DocApp makes an effort to ensure a proper system operation at any time. DocApp accepts no liability whatsoever for the content of the information provided by the service provider, or given reviews and the resulting overall impression. DocApp is not liable for the loss of data or damages, caused by improper use of the profile. DocApp neither guarantees that the online service can be used at any time or that it is always available, nor is it liable for any technical errors (hardware, software, etc.). DocApp rejects all liabilities for damages that could result from using its services.
Any use of the services of DocApp are at one`s own risk. DocApp acts neither as representative nor as intermediary for possible contracts concluded by end users and medical service providers, which are found directly or indirectly on the online doctors search platform (www.docapp.ch). DocApp is also entitled to complement or stop its own services completely or partially without giving reasons.
9) Exclusion of liability towards end users (patients)
DocApp makes every effort, that the information on the online doctors search platform DocApp provided by the company are up to date and complete. However, DocApp does neither guarantee, that the service can be used or that it is available all the time, nor is it liable for technical errors (hardware, software, etc.), transmission delays or interruptions.
The services offered by DocApp are neither intended to advise, nor to inform professionally. DocApp does not replace the professional consultation of the medical service provider, namely the specialised doctor or dentist, in any form. The reviews given by end users and patients only represent an opinion. The service providers‘ profile reviews do in no way represent the opinion of DocApp and the company is not liable for its content.
DocApp accepts no liability whatsoever for the content of the data and the provided information and services of the medical service providers, published on DocApp. Contacting or consulting the medical service providers, published on DocApp, is at the end user‘s or patient‘s own risk.
10) Amendments to the General Terms and Conditions
The DocApp Switzerland AG reserves the right to change its General Terms and Conditions at any time without giving reasons. In case of extensive changes or additions of the General Terms and Conditions, the medical service providers and the end users get informed about the modified passages of the General Terms and Conditions in a suitable manner. They come into force after the expiration of the deadline mentioned in the notification.
11) Severability clause
If one or several provisions of these General Terms and Conditions should be void or according to applicable law ineffective, the remaining provisions shall remain unaffected hereof and the void or ineffective provision is being replaced by a valid, effective provision, which reflects the economic purpose of the void or ineffective provisions as much as possible.
12) Applicable law/ place of jurisdiction
Swiss Law is applicable to all contractual relationships between the DocApp Switzerland AG and end users, patients and medical service providers, except of the Private International Law, with reservation of contrary, compelling statutory provisions.
Exclusive venue for all disputes resulting from this contractual relationship is Zurich, with reservation of possible compelling places of jurisdiction.