Terms of Use and Privacy Policy

These Terms of Use and Privacy Policy govern the legal relationship between Medipalestine (hereinafter referred to as "Provider") and the user of the PatLab Software (hereinafter referred to as "User").

By using the PatLab Software, the User accepts these Terms of Use and the Privacy Policy. Unless otherwise agreed in writing, these become an integral part of the contractual relationship between the parties. Provisions of the User that deviate from the Terms of Use and the Privacy Policy are not valid.

1. Terms of Use

1.1 Subject and Scope of Use

The PatLab Software facilitates communication in connection with medical services by allowing patient and other data to be exchanged within case-specific teams defined by individual users. Any further or different use is only permitted with the express consent of the Provider.

The use of the PatLab Software is billed by the Provider at the rates valid at the time of contract conclusion or annual invoicing, which can be viewed on the Provider's homepage. In the event of payment default by the User, the Provider is entitled to restrict or discontinue the use of the PatLab Software.

The PatLab Software is not intended for long-term storage or archiving of data. If a case is inactive for more than one year (no new messages, entries, etc.), the Provider has the right to request the users involved in this case to delete the uploaded data or to delete the data itself after setting a reasonable response time.

The PatLab Software is available around the clock. However, the Provider reserves the right to restrict operating times and/or temporarily suspend operations for technical reasons and to modify the application at any time. In case of technical problems, the Provider ensures mail support at support@patlab.medipalestine.ch.

All copyrights and other protective rights to the PatLab Software are reserved.

1.2 Conclusion, Duration, and Termination of the Contract

The contract between the Provider and the User is concluded with the registration confirmation by the Provider.

As part of the registration process, the Provider collects the User's first and last name, profession, address, and email address, as well as other data such as phone numbers or date of birth if applicable. The Provider also stores individual access data and any voluntarily entered data in the user profile. The PatLab Software may only be used if this information is correct and up-to-date. The User undertakes to use their access data (especially the password) in accordance with the contract and not to make it accessible to third parties without the Provider's written consent. The User is solely responsible for protecting their access data.

The contract is concluded for an indefinite period and can be terminated by either party at any time with a notice period of 14 days. In the event of termination during the year, the annual usage fee will be calculated pro rata, and any overpaid amount will be refunded by the Provider.

1.3 Liability

The Provider strives to protect all data collected in connection with registration and uploaded by users to the best of its ability. It takes the necessary measures to protect users' data and uploaded data from loss, theft, and misuse. However, the Provider has no influence on the content created and uploaded by users. It cannot guarantee the accuracy, completeness, and timeliness of this content and disclaims any liability in this regard. Since the Provider has no influence on the content uploaded by users, it also assumes no liability for violations of users' professional confidentiality.

The Provider is not liable for defective technology and for damages or data loss caused by computer viruses, spyware, and/or other harmful computer programs. There is also no liability for the consequences of operational interruptions caused by disturbances of any kind or those serving to remedy disturbances, maintenance, and the introduction of new technologies.

Upon termination of the contract, the User's right to use the PatLab Software expires. It is the User's responsibility to secure the uploaded data (messages, data, diagnoses, anamneses, etc.) in good time before the end of the contract. The Provider assumes no liability in this regard.

The liability limitations of this title apply to all employees, representatives, and vicarious agents (e.g., hosting companies on whose servers the technical data storage and backup take place) of the Provider.

2. Privacy Policy

Data security is of central importance to the Provider.

The Provider strives for the best possible data protection and undertakes to treat all data, especially particularly sensitive patient data, confidentially and not to pass it on to third parties. Employees, representatives, and vicarious agents of the Provider are not considered third parties. The Provider ensures that these persons are capable of maintaining the required data security and that they process the data only as the Provider itself would be allowed to. All data and backups are stored on servers in Switzerland.

The User agrees to the data collection by the Provider in accordance with the aforementioned Terms of Use and this Privacy Policy.

Data subject to the User's professional confidentiality can be designated as "confidential" when uploaded by the User. As a result, only authorized users have access to it. The User expressly undertakes to upload data subject to professional confidentiality only if the prior express consent of all affected patients or persons is obtained. This consent must fully comply with the legal requirements for maintaining professional confidentiality and applicable data protection regulations and must specifically cover the transfer of data to all team members who have unrestricted access to confidential data.

3. General Provisions

The legal relationship between the Provider and the User is governed by Swiss law. The exclusive place of jurisdiction for disputes arising from the Terms of Use and the Privacy Policy is Zurich.

Should individual provisions of the Terms of Use or the Privacy Policy be or become invalid, this does not affect the validity of the remaining provisions. A new provision that comes as close as possible to the economic and legal effect of the invalid provision shall replace the invalid provision.

The Provider expressly reserves the right to change the Terms of Use and the Privacy Policy at any time. If adjustments are made, the Provider will publish them immediately on its website and notify the User by email.

01.01.2025