The website www.cardiance.com (hereinafter «website») is operated by Cardiance Clinic AG (hereinafter «Cardiance Clinic») with legal seat in Pfäffikon SZ. The website and the general conditions of use follow the legal provisions of Switzerland. Individuals that access the website (hereinafter «users») hereby agree with the following conditions and especially accept the exclusion of liability (clause 9).
2. Modification of the conditions of use
Modifications of these general conditions of use can be made at any time and without notification, and become immediately effective with the publication on this website.
3. Access and availability
The user has no right to access this website and to the error-free technical availability of the website. Cardiance Clinic can block or limit access to the website at any time and without notification.
The content of this website(hereinafter «content») exclusively serve general information on the Cardiance Clinic and its services, and general information on medical questions. The information on the services of Cardiance Clinic obtained on this website does not constitute a binding proposal or an offer to the user.
All content can be modified, completed or removed by Cardiance Clinic, at any time and without notification.
The user’s attention is expressly drawn to the fact that the medical information on this website can in no way replace the personal consultation by a doctor or qualified medical personnel.
The website contains connections (links) with websites of other providers. These links only serve the user-friendliness of the website and do not constitute an approval of the content of another website. In principle Cardiance Clinic cannot assume responsibility for a website of another provider. The activation of a link occurs therefore at the risk of the user.
5. Data protection
The website is subject to the Swiss law on data protection, particularly the Federal Act on Data Protection (FADP). Cardiance Clinic considers the protection of the user’s privacy extremely important and therefore will inform in detail about its handling of the user’s personal data on this website.
The website can be visited by users without them leaving any personal details behind. Cardiance Clinic only saves access data in the server log files, which does not enable direct inferences concerning persons. This includes the names of the clicked pages, the date and time of access, the transferred data volume and the access provider online of each access. Cardiance Clinic exclusively utilises this data for securing the undisturbed availability and improvement of its website.
Cardiance Clinic utilises for this website Google Analytics, a service of the American Google Inc. (hereinafter «Google»). Google Analytics also uses, among other things, cookies that enable a statistical evaluation of this website’s use. Google Analytics normally transfers cookies and other data of the visits to this website to the server of Google in the United States of America (USA) and edits or saves them there. On behalf of Cardiance Clinic Google uses this data for evaluation of the use of this website and for rendering further services in this context.
Google cuts the utilised IP addresses before editing or saving in order to enhance the protection of the user’s privacy. Users can prevent Google to transfer, edit and save their data by downloading and installing Google’s corresponding browser extension through the following web link: https://tools.google.com/dlpage/gaoptout?hl=en
For further protection of his privacy, the user can also use other browser extensions such as Ghostery. Further information on data protection of Google is available under the following web link: https://support.google.com/analytics/answer/6004245
Cardiance Clinic only saves and edits the user’s personal data for the purpose for which the user has left this information. This personal data is not transmitted to third parties (except to the subsidiaries of Cardiance Clinic AG) and is not connected with the usage data or other data files of Cardiance Clinic.
6. Second opinions and questions
On the website users can obtain medical second opinions from, and ask questions to, Cardiance Clinic, free of charge. The content of the second opinion is constituted by the evaluation of the medical initial findings. Cardiance Clinic recommends the additional personal consultation by a doctor regarding the second opinion and possible therapy proposals. A second opinion does not constitute a medical expert statement.
Functions, rights and obligations
If the user wants to request a second opinion, he has to complete the corresponding contact form, including the questions. If necessary, he also has to upload documentation of findings (such as X-rays) or send them by fax to Cardiance Clinic. This constitutes the information basis on which Cardiance Clinic bases its second opinion.
Cardiance Clinic basically establishes the second opinion on the basis of the contact form and additionally available documents from the user.
By submitting his request the user ensures that the documents transmitted by him are true, that the information provided by him are true and complete, and that he disposes of all necessary rights for the transmission of documents and information.
Should a third party assert a claim against Cardiance Clinic for violating third-party rights (such as intellectual property and personal rights), the user undertakes to hold Cardiance Clinic harmless.
Since the development of second opinions and the answering of questions concern a free service of Cardiance Clinic, the latter reserves the express right to decline requests at any time and without indication of reasons.
Cardiance Clinic undertakes to maintain all matters that have come to its knowledge confidential, also after establishment of the second opinion.
Liability of Cardiance Clinic
Cardiance Clinic is not liable for damages that have occurred in relation with a second opinion. Users are conscious of the fact that the obtainment of a second opinion from Cardiance Clinic does not replace a visit to the doctor and that a second opinion does not constitute an expert report.
The user bears the risk concerning the uncoded transmission of data by e-mail. Cardiance Clinic does not assume any liability for this.
7. Data security and confidentiality
During the uncoded transmission in an open network, data can be read, modified or cancelled by unauthorised third parties. Any transmission of data on the website or its e-mail addresses occurs at the own risk of the user.
All contents are protected by trademark, patent, copyright and other rights to protect intellectual property and are the property of Cardiance Clinic. The rights of third parties are reserved.
The user can only display, save, print and copy the contents for private usage. The user is prohibited to modify the contents in the process and all indications of copyrights and trademark rights have to be preserved. Any further usage of the contents, or parts thereof, require the prior written approval from Cardiance Clinic.
Especially prohibited withour prior written approval from Cardiance Clinic are:
- any form of proliferation, forwarding, editing and reproduction of the contents, or parts thereof, for commercial purposes
- any form of publication of the contents, or parts thereof, and any form of publication of derivative works that are significantly based on the contents, or parts thereof, also for non-commercial purposes
- connection between other websites and the contents, or parts thereof, through links.
Excluded are specially designated images and texts in the field of «news releases», which can only be used without prior written approval from Cardiance Clinic in direct connection with the media coverage of Cardiance Clinic. The prerequisite is the explicit indication of the source.
9. Exclusion of liability
Cardiance Clinic controls the contents on their accuracy and topicality. However, Cardiance Clinic cannot assume any liability for the accuracy, topicality or completeness of the content. Cardiance Clinic rejects any liability for damages of the user or third parties from usage of the content.
In addition Cardiance Clinic cannot ensure that the website is free from viruses or other damaging elements and does not bear liability for resulting damages of the user or third parties.
10. Application of law and jurisdiction
Swiss law is exclusively applicable. Should one or more of these conditions of use become completely or partially ineffective on the basis of provisions, regulations or legislative changes, all other conditions of use shall remain in force and the effective regulation most similar in nature to the purpose of the inoperative regulation shall come into effect. The exclusive place of jurisdiction is Pfäffikon SZ.
Cardiance Clinic AG, June 22 2016