Medicosearch supports users in searching a suitable medical service provider. For this purpose, Medicosearch offers users a platform where they can search, review and book medical service providers.
Medicosearch for its part explicitly does not offer any medical services.
The present GTC apply to all services provided by Medicosearch.
The GTC also apply, if the services provided by Medicosearch are used through other websites or operators.
The protection of your privacy is of major importance to Medicosearch. Medicosearch is of course committed to complying with legal provisions of data protection. Medicosearch guarantees, that all data collected will be treated in accordance with the applicable data protection laws. The data protection declaration applies to all services offered by Medicosearch.
Medicosearch.ch contains a register of medical service providers. The medical service provider register helps the user to search and find a suitable service provider. The information it contains has been collected from publicly accessible sources. Any service provider listed in the register can demand its deletion at any time and oppose the use of its personal data by Medicosearch (see point § 7). This must be communicated via support@medicosearch.ch.
Reviews
Users have the option of reviewing a medical service provider. This is only possible, after a user has received a service from the medical service provider (see Online Appointment Service). The reviews are always published anonymously. The user is forbidden to give reviews which are abusive, untrue, improper, threatening, advertising or offensive in any way. A violation can lead to the blocking of the profile.
However, objective, truthful, factual and fair reviews are permitted. Reviews shall be aimed at assisting other users in choosing a suitable medical provider.
As soon as a user has submitted his review, he automatically assigns all copyrights to Medicosearch. Medicosearch has the right to dispose of a given rating at any time without restrictions.
Review complaint
Service providers are free to object to the reviews assigned to their profiles via support@medicosearch.ch. In the event of a complaint, the review will be removed immediately and checked again. Medicosearch attempts to mediate between the medical service provider and the user. The user must agree in accordance with data protection laws to the disclosure of his contact information to the medical service provider. If no contact can be established between the parties, the review will not be published again. Otherwise, a new publication will be checked on a case-by-case basis.
Review statement
Service providers have the possibility to comment on any review concerning themselves. Service providers are forbidden to give statements which are abusive, untrue, improper, threatening, advertising or offensive in any way. In addition, the service provider is in particular prohibited from disclosing information in the statement which is likely to expose the identity of the user. A violation may result in the profile being blocked. However, objective, truthful, factual and fair statements are permitted.
Revire / Statement check
Every review / statement is checked by Medicosearch for the aforementioned guidelines before publication. A violation can lead to the immediate blocking of the profile. Medicosearch reserves the right not to publish or to delete a given review / statement after publication without giving any reasons. In principle, there is no right to the publication of a review / statement.
Medical service providers have the opportunity to be booked directly by users for their services. A service provider can be booked via medicosearch.ch, Medicosearch APP or his own homepage using a widget. Only registered users have the possibility to book a medical service provider.
Specific conditions of the health care provider
By completing a booking, the user agrees to accept the specific GTC of the respective medical service provider as described in the booking process. In this context, the user agrees in particular to accept the corresponding GTC of the medical service provider regarding cancellations.
Appointment booking on behalf of a third party
A person who makes an appointment booking on behalf of a third party via Medicosearch is obliged to obtain the express permission of the person concerned that his/her data may be processed in accordance with these GTC.
MedicoVideo enables service providers to offer their services to users via telecommunications. The user can book the service provider via the Medicosearch online appointment service (see point §4 Online appointment service).
The service provider will contact the user at the agreed time via Medicosearch APP on his smartphone by video call. Should a MedicoVideo not be possible (e.g. because the user has not fulfilled his obligations), the call will alternatively and automatically be redirected to the normal mobile network in Switzerland.
Obligations of the user
It is the responsibility of the user to be ready at the time of the agreed MedicoVideo. This means the user:
If a user is not available for an agreed MedicoVideo (up to +15 minutes at the agreed time), it is the responsibility of the medical service provider to charge for the medical service anyway.
Obligations of the health care provider
It is the responsibility of the medical provider to be ready at the time of the agreed MedicoVideo. This means the medical provider:
If the medical service provider tries to reach the user too late (from +15 minutes at the agreed time) and the MedicoVideo does not take place, the medical service provider agrees not to charge the service. This function is made available to the medical service provider as soon as a MedicoVideo can be finalized.
Archiving / Documentation
MedicoVideo is neither archived nor stored by Medicosearch. It is the sole responsibility of the user or the medical service provider to document the data if necessary.
Terms of Invoicing and Payment
The medical service provider sets the price for his service independently and in his own name respectively on his own responsibility. If a medical service provider wishes to offer services in accordance with the KVG, he has the option of offering his services in conformance with the Tarmed tariff system. It is the sole responsibility of the medical provider to determine whether or not a specific service is to be invoiced under the KVG.
Medicosearch reserves the corresponding maximum amount (the doctor has the possibility to reduce the service price after a MedicoVideo) of the booked service on the credit card of the user.
After a completed MedicoVideo Medicosearch charges the corresponding total amount (service of the medical service provider as well as service fee) on the credit card of the user.
Medicosearch forwards the service price to the medical service provider. The medical service provider has authorised Medicosearch to collect and forward the service price. After completing a MedicoVideo transaction, the user will find in his account an invoice for the service provided by the medical service provider in his name and with his permission. If the medical service provider has offered his services in conformance with the Tarmed tariff system, the user will find a Tarmed-compliant invoice in his account for the medical service provider's service.
The service fee (including 7.7% VAT and 3% payment fees) is charged by Medicosearch for the use of the MedicoVideo software by the user. After each MedicoVideo the user finds a separate invoice for the use of the MedicoVideo software in his account.
Medicosearch cannot guarantee the extent to which the user can claim the benefit from his health insurance fund. Reference is made here to the specifications of the relevant health insurance fund and the KVG (Federal Law on Health Insurance).
Service and liability of the health care provider
The service provider gives his opinion or advice regarding a question posed by the user on the basis of the information provided by the user in the context of MedicoVideo. The purpose is to provide the user with an initial assessment of the question raised.
The assessment is based exclusively on information which the user discloses to the medical service provider during MedicoVideo. It is the user's responsibility to ensure that the information disclosed and any data transmitted is current, accurate and complete. The user is responsible for the consequences of outdated, incorrect or incomplete information.
The user acknowledges that MedicoVideo cannot guarantee the systematic monitoring of a problem or concern. The service provided by the service provider is limited to a one-time recommendation for action in individual cases. In addition, the service provider is not obliged to take any further action. Therapy is not included in the scope of services.
An initial assessment through MedicoVideo does not replace a personal consultation with a service provider. The MedicoVideo assessment is not an emergency system. It is not suitable for people who need to be monitored directly or who require immediate action.
Registration on Medicosearch and use of the Medicosearch homepage and Medicosearch APP is free of charge for all service providers and users.
However, Medicosearch reserves the right to offer extended or new services for a fee and/or to realise profits. Paid services are displayed to the user at a suitable location. No costs will be charged without the user's explicit consent.
Users can delete their account, 30 days after the last appointment, in the account under «user information» independently. By doing so, the user revokes his express consent in connection with these General Terms and Conditions, whereby the revocation cannot be applied retroactively. In this case, Medicosearch will delete all personal data unless otherwise required by law.
In case of violation of the General Terms and Conditions or other legal provisions, Medicosearch is authorized to terminate the contractual relationship without notice and without giving reasons. In this case, Medicosearch will delete all personal data, unless otherwise required by law.
Any service provider entered in the register may request its deletion at any time and oppose the use of its personal data by Medicosearch. In this case, Medicosearch will delete all personal data unless otherwise required by law. In addition, the service provider may at any time request that no reviews and statements concerning him being published. This must be communicated via support@medicosearch.ch.
General information
Medicosearch excludes its liability (including liability for its auxiliary persons, employees, suppliers and subcontractors) for all claims arising from or in connection with the use of the Medicosearch websites and services (including contractual and non-contractual claims) to the maximum extent permitted by law, in particular for damages due to transmission errors, technical defects, interruptions or malfunctions. An uninterrupted or error-free functioning of the platform or the Medicosearch services is not guaranteed. Medicosearch is also authorized to suspend its own services in whole or in part at any time without giving reasons.
Medicosearch rejects any liability for damages that may result from the use of its websites and services. Any use of Medicosearch's websites and services is at the user's own risk.
Medicosearch AG expressly does not offer any medical services of its own.
Each medical service provider is fully responsible for compliance with medical secrecy. Medicosearch assumes no liability in this respect.
Register of medical service providers
Medicosearch assumes no liability for the information provided by service providers or other information provided by users, nor for the resultant overall impression. To the best of its ability, Medicosearch AG attempts to keep the information provided on its Internet portal up to date, accurate and complete, but is in no way liable in this sense.
The ratings entered by users merely reflect their subjective opinion. However, they in no way reflect the opinion of Medicosearch AG and cannot be attributed to it.
Online appointment service
Medical service providers offer their services in their own name and under their own responsibility. Medicosearch on their part expressly does not offer any medical services. Medicosearch acts only as a software provider and is at no time party to a treatment contract between the user and the medical service provider.
In addition, Medicosearch accepts no liability for failures, misunderstandings or delays in connection with an agreed appointment.
MedicoVideo
Medical service providers offer their services in their own name and under their own responsibility. Medicosearch on their part expressly does not offer any medical services. Medicosearch acts only as a software provider and is at no time party to a treatment contract between the user and the medical service provider.
In particular, Medicosearch is not liable for damages in connection with information exchanged between the user and the medical service provider during or after a MedicoVideo.
Medicosearch AG cannot guarantee the extent to which the user can claim the service from his health insurance company. Reference is made here to the specifications of the relevant health insurance fund and the KVG (Federal Law on Health Insurance).
Medicosearch reserves the right to change or amend its GTC at any time and without giving reasons. Amended GTC will be presented to the user for acceptance during the login process. The user is entitled at any time to withdraw from the contract with Medicosearch AG and no longer make use of its services (see point § 7).
If one or more provisions of these GTC should be void or ineffective under applicable law, the remaining provisions shall remain unaffected by this. The void or ineffective provision shall be replaced by a valid, effective provision which reflects the economic purpose of the void or ineffective provision as far as possible.
The exclusive place of jurisdiction for any disputes shall be the registered office of Medicosearch. Swiss law is exclusively applicable.
14.02.2020