General Terms and Conditions of Use
Last update of General Terms and Conditions of Use: 15.02.2019
These General Terms and Conditions of Use govern the conditions and methods in respect of the availability and use of an online appointment-booking service, available on the website www.ardentis.ch, drafted and published by SDC Services SA, a public limited company incorporated under Swiss law and domiciled in Lausanne.
DEFINITIONS
For the purposes of these terms and conditions, the terms used are to be understood as follows:
“Website” shall mean the website ‘www.ardentis.ch’; “Company” shall mean the company SDC Services SA; “User” shall mean any natural person who visits the Website and/or uses the Website;
“Practitioner” shall mean any medical professional listed on the Website; “Service” shall mean the booking of appointments online and any associated Services freely available to Users;
Acceptance of the General Terms and Conditions of Use
The Service is offered to the User by the Company, subject to the User’s unconditional acceptance of these General Terms and Conditions of Use. The User declares and acknowledges having read these General Terms and Conditions of Use. Access to the Website constitutes full acceptance of these General Terms and Conditions of Use by the User. In the event that the User does not comply with these General Terms and Conditions of Use, the Company reserves the right to suspend the service without notice and/or refuse the User access to the Service. These General Terms and Conditions of Use are completed or modified, where applicable, by the specific terms and conditions of use related to certain functions.
Modification of the General Terms and Conditions of Use
The Company reserves the right to modify all or part of these General Terms and Conditions of Use at any time.
- DESCRIPTION OF THE SERVICE
The purpose of the Website is to facilitate the booking of appointments by the User with one or more Practitioner.
1.1 Online appointment booking
On the Website, the User may:
- Book an appointment for one of the timeslots indicated
Every appointment booked on the Website by the User is instantly forwarded to the Practitioner. If a User is declared absent by a Practitioner at the Service at more than three appointments, the User will no longer be able to book an appointment online unless the Company unblocks the User’s account.
1.2 Reminders sent by text or email
The User authorises the Company to send him/her texts and emails giving the User information about the appointment booked by him/her on the Website. The User also authorises the Company to notify him/her by text or email of any useful information regarding the Practitioners with whom s/he booked an appointment on the Website, or any health information sent by these Practitioners.
1.3 Warning
The User formally acknowledges having been informed of the following:
- Some features (such as the sending of emails and texts) are provided by third parties who undertake to use all reasonable means at their disposal to manage the transmission of these messages. Nevertheless, the User acknowledges that they are aware of the limitations of the reliability of such transmission, and, consequently, the Company cannot guarantee that texts and emails will be effectively transmitted to the recipient, nor can the Company make any guarantees regarding transmission time and data integrity.
- FREE SERVICE TO THE USER
The Services proposed and described in these General Terms and Conditions of Use are offered free of charge to Users.
2.1 Warning
Although the use of the Website – in accordance with these General Terms and Conditions of Use – is free of charge to the User, it is hereby understood that any medical appointment or treatment provided by the Practitioner during an appointment booked on the Website may be subject to the billing of fees at the expense of the User.
- PROTECTION OF PERSONAL DATA
Protection of the User’s privacy is of paramount importance to the Company. Key points of the data protection declaration are set out below.
3.1 Collected personal data
When making the Service available to the User, the Company collects various personal details regarding the User that are necessary to the Service’s delivery and availability. The personal data about the User collected by the Company may include the following:
- Surnames and first names
- Email address
- Telephone number
- Date of birth
- Gender
- Reason for the appointment
- IP address (the User’s computer’s virtual address)
3.2 Use of data
The purpose of any personal data collection is to deliver the Service in the best way possible. This data is used for the following purposes:
- To communicate the necessary information to the Practitioner for the purposes of organising and preparing for the User’s appointment
The Company is responsible for the processing of the User’s personal data, and is committed to ensuring confidentiality within the confines of its professional practice and also to respecting professional secrecy. The Company does not transfer this personal data to any unauthorised third party.
- LIMITATION OF LIABILITY
4.1 Availability of the Service
The Service is securely available to the User on the Internet, and requires Internet access by any means available at the expense of the User. The proper functioning of the Service is subject to the User’s Internet access conditions. The Company cannot be held responsible for any malfunction of the Services nor for any subsequent consequences of such a malfunction, nor for any restricted or deteriorated Internet access. In general terms, the Company does not guarantee that:
- the features of the Service will meet all of the User’s needs;
- the Service will function properly when used in association with other applications, software or other components installed or synced with the User’s equipment/material,
- the Service will be free of error or malfunction.
The Company will make every effort to make the Service available 24 hours a day, 7 days a week. However, given the particular characteristics of the Internet, the Company can offer no guarantee of continuity of service, and is held only to a best-efforts obligation. The Company’s liability may not be invoked in the event of any damage caused by the temporary or permanent loss of access to one of the Services or all of the Services offered by the Website.
4.2 Modification of the Website
Any information available on the Website is subject to modification at any time, bearing in mind the interactivity of the Website, without invoking the Company’s liability.
4.3 Use of the Website
The User is solely responsible for his/her use of the Website and the Service s/he accesses using the Website. The Company will not take any responsibility for any damages or losses linked to the use of or the inability to use the Website or its content.
The User formally acknowledges that the photos presented on the Website are not contractual.
4.4. User guarantees
The User declares that s/he is fully aware of the characteristics and constraints of the Internet. The User acknowledges that it is impossible to guarantee that the data s/he provides via the Internet will be completely secure. The Company cannot be held responsible for incidents that may arise as a result of this transmission. The User thus communicates this data at his/her own risk. The Company can only provide the assurance that it will use all the means at its disposal to ensure the best possible security.
The user undertakes to indemnify the Company in respect of all costs that may befall the Company arising from any claim or dispute – judiciary or extra-judiciary- linked to his/her use of the Service as defined in these General Terms and Conditions of Use, and hereby releases the Company from any responsibility in respect of any damages or conviction along these lines in the event of any court proceedings. The User expressly and wholly acknowledges this, and agrees to use this Website at his/her own risk and under his/her sole responsibility.
4.5 Links to other websites
The Website may contain links leading to other websites.
The User visits these websites under his/her sole responsibility. The Website can in no way be held responsible for any content on these third-party websites, if the User suffers damages as a result.
- THE USER’S OBLIGATIONS
5.1 Acceptance of the General Terms and Conditions of Use
By accessing this Website, the User expressly agrees to these General Terms and Conditions of Use and any particular conditions presented on the Website without reservation.
5.2 Communication of true and accurate information
The User must provide true and accurate information when registering and booking an appointment, especially regarding his/her title, surname, first name(s), email address and telephone number.
The User further guarantees that all evaluations and comments shared by him/her are as objective as possible and that they do not breach the rules listed in these General Terms and Conditions of Use.
5.3 Booking an appointment
The User is hereby informed of the fact that any appointment booked using the Service constitutes a firm commitment on his/her behalf, and that inability to attend a booked appointment must be notified to the clinic beforehand either by cancelling or rescheduling the appointment: this notification must be made using the clinic’s contact methods, in line with the User’s preferred contact method. The User acknowledges having been informed that s/he is fully liable for any consequences (financial and non-financial) of any failure to attend an appointment in respect of the affected Practitioner.
- INTELLECTUAL PROPERTY
6.1. Website Protection
The overall structure and content of the Website (text, slogans, graphics, images, photos and other content) are the property of the Company. It is forbidden to proceed with any representation, reproduction, modification, distortion and/or exploitation – either total or partial – of the Website, its content or the Service, by any process whatsoever and on any medium whatsoever, without the express prior authorization of the Company. Any such action constitutes an infringement of copyright.
6.2. Protection of all distinctive elements: Brands, images, logos, links, information etc.
All elements (including brands, logos, company names, abbreviations, trade names, emblems, images, videos, sound elements, the Company’s domain name, code…) within the Website are distinctive elements which cannot be used without the owner’s prior express approval.
Any use of these distinctive signs is thus prohibited and constitutes an infringement of the brand, company name, trademark and domain name, incurring the tort civil liability of the perpetrator.
6.3 Prohibited use without authorisation
As a result, the User may not make any reproduction, representation, republication, redistribution, adaptation, translation and/or transformation, whether in whole or in part, or any transfer of any element available on the Website to another website, except in the event of the prior written authorization of the Company.
6.4 Sanctions
The User acknowledges and accepts that any use contrary to the law or these General Terms and Conditions of Use may lead to civil and/or criminal legal proceedings and liability for damages.
- USE OF DATA
7.1 The information that we collect
We gather information about you to cover different scenarios – for example, when you book an appointment online or when you contact a clinic. We may also collect information when you navigate our website through cookies, pixels and similar technologies.
7.2 How do we use your data?
We use your data to contact you and to optimise the flow between you and our clinics. We also use your data to personalise your experience on our third-party services such as Facebook, in line with your interests and with the aim of sharing the most relevant information with you. These platforms are governed by their own terms and conditions and confidentiality rules, and you are advised to read these.
- OTHER PROVISIONS
8.1 Applicable law and place of jurisdiction
The relationship with the Company is subject to Swiss law. The exclusive place of jurisdiction for any dispute is in Lausanne, Switzerland, where the Company is based.
8.2 Translation
In the event of these General Terms and Conditions of Use being drafted or translated into different languages, the text in the French language shall prevail.
8.3 Translation – Partial nullity – dissociation – titles
If one or more of the provisions included in these General Terms and Conditions of Use is null or void under the governing law, this nullity or nullity of effects will have no impact on the other provisions, and any provision now null is to be replaced by another valid and effective provision that is, as far as possible, in line with the economic objective of the null or void provision.
8.4 Notification and removal of illicit content
The Company hereby informs any User of the Website that s/he may lodge a complaint or an objection to any illicit element or content placed on the Website. If the User deems any element or content placed on the Website to be illicit and/or to infringe copyright held by him/her, the User must immediately forward a notification to the Company by email to life@ardentis.ch, including any supporting evidence of ownership rights if applicable. Once this procedure has been completed and the notification verified and deemed accurate, the Company will endeavour – to a reasonable extent and without undue delay – to remove the illicit content. It is hereby noted that the Company’s liability may not be invoked in respect of any content present on the Website and modifiable by third parties (e.g. User’s evaluations and comments, profile page of a Health Professional etc…).
8.5 No Waiver
Unless otherwise specified in these General Terms and Conditions of Use, no tolerance, inaction, abstention or omission, or any delay on the part of the Company in taking advantage of any of its rights in accordance with these terms, is to have any effect on the right referred to, nor does that imply a waiver of enjoying this right in the future. On the contrary, the right will remain in full force.