Terms and Conditions

General Terms and Conditions (“GTC”) of healthbank.me

The General European data protection regulation that will come into effect on 25 May 2018 has top priority at healthbank cooperative and is reflected in our GTCs.

  1. Introduction

    1. “healthbank.me” means the online service described below, the purpose of which is the innovative and secure digital storage of personal data and communication between users. Healthbank.me is offered by healthbank cooperative, Blegistrasse 17a, 6340 Baar, Switzerland (hereinafter “healthbank Coop”).
    2. These General Terms and Conditions (“GTC”) and the provisions declared binding by these GTC, in addition to the GTC, in particular the data privacy statement, govern the rights and obligations in connection with the use of the products and services offered via the healthbank.me website and the contractual relationship between healthbank Coop and the users.
    3. healthbank.me is offered via websites on the Internet under the domain healthbank.me as well as under various subdomains and aliases of these domains and via mobile applications (“apps”), background applications, web services and integrations in third-party sites.
    4. All websites, subdomains, aliases, mobile applications, background applications, web services and integrations in third party pages offered by healthbank Coop, on which healthbank.me is available, are hereinafter collectively referred to as “healthbank websites”.
    5. The applications of healthbank.me include in particular the possibility of storing own data (hereinafter “storage service”) and a platform for communication between users (hereinafter “communication platform”) for which users have to register.
    6. Some of the healthbank.me applications may appear under other brand names or under the use of other healthbank websites.
    7. These GTC for the use of the healthbank.me service regulate the contractual relationship between the user and healthbank Coop, irrespective of the healthbank websites the user uses healthbank.me services.
    8. With regard to the use of individual applications, additional conditions may apply in addition to these General Conditions for the use of the healthbank.
    9. Besides the communication platform, the storage service is one of the main applications of healthbank.me. The storage service allows users to store, view, modify, share and/or delete their own data online. The storage space provided for the provision of the storage service is limited and it is at the discretion of the healthbank to increase or decrease it.
    10. Besides the storage service, the communication platform is one of the main applications of healthbank.me. The profile page (“user profile”) created by the user within the framework of the communication platform represents the identity with which the user appears and is represented within the healthbank.me service, on the healthbank websites and in the applications of the service.
  2. Conclusion of contract and assurances at conclusion of contract

    1. The possibility of using healthbank.me and the applications offered on it does not constitute an offer, but merely an invitation to submit an offer.
    2. By completing the registration process, the user makes an offer to conclude a contract for the use of the corresponding healthbank application. healthbank Coop accepts this offer of the user by providing the corresponding services. Only by this acceptance the contract between the user and healthbank Coop is concluded. healthbank Coop is not obliged to conclude the contract.
    3. The user assures that all data provided by him is accurate. The user is obliged to keep the data accurate with regard to all applications used by him during the entire contract term. healthbank Coop reserves the right to block a user profile in the event of misuse.
    4. In the event that the customer service of healthbank.me makes manual changes to the user’s data on behalf of the user, healthbank Coop reserves the right to charge any resulting costs for healthbank.me to the user to the extent to which the user is responsible for the event causing the costs.
    5. The user assures that he is of legal age. In the event that the user acts on behalf of a legal entity within the scope of certain applications, the user assures to be authorized to act on behalf of the legal entity. The user is obliged to provide evidence to healthbank Coop on request of the information assured in accordance with this clause.
    6. healthbank Coop does not guarantee the actual identity of a user.
  3. User Profile

    1. The creation of a user profile on the healthbank.me website is a prerequisite for using healthbank.me. Regardless of the user profile, natural persons can register for membership of the healthbank Coop.
    2. The use of healthbank.me is free of charge. In future, healthbank.me may offer fee-based services from healthbank.me itself or from third-party providers.
  4. Contracts with Third Parties

    1. If the healthbank.me website offers the user to use one or more additional services from third-party providers in addition to his healthbank.me website profile, whether free of charge or with costs, separate contracts between the user and the respective third-party providers are concluded (contract with third-party providers).
    2. In particular, the modification, discontinuation, other termination or exchange of external services or service disruptions in the relationship between the user and third parties shall have no influence on the contractual relationship between healthbank Coop and the user with regard to the use of healthbank.me.
    3. The terms and conditions and data protection declarations of the respective third-party providers apply to services of third party providers.
    4. healthbank Coop assumes no liability in connection with the contracts of third parties. This applies in particular to contractual services as well as to damage in connection with third-party contracts.
  5. Registration

    1. To create a healthbank.me user profile, a registration is required in which the user must choose a password, among other things.
    2. All access data for registration at healthbank.me can be stored on the user device. The backup and storage of the access data to the healthbank user profile (user name and password) are the exclusive responsibility of the user. healthbank has no access to this information without the express consent of the user, therefore healthbank may not be able to restore any information stored in the user account.
    3. Each user may only create one user profile. The user may not allow third parties to use his own user profile.
  6. General obligations of the user and special provisions for the use of healthbank.me

    1. The user is obliged to use all applications of healthbank.me in accordance with the law, in particular the user is obliged:
      1. To provide only true and non-misleading information;
      2. To adhere to the law applicable to the use of healthbank.me and the contents of the healthbank websites as well as all rights of third parties.
    2. In particular, the user is prohibited from doing the following:
      • Use of offensive or defamatory content;
      • Use of pornographic, violent, abusive, immoral or offensive content, content that is violating the protection of minors or advertising;
      • Offer and / or distribution of pornographic, violent, abusive, immoral or offensive goods or services or goods or services that is violating the protection of minors or advertising;
      • Unreasonable harassment of other users, in particular by spam;
      • Use of content protected by law (e.g. by data protection, copyright, trademark, patent, design or utility model law) without being entitled to do so, or advertising, offering and/or distribution of legally protected goods or services, also without being entitled to do so; or
      • Engaging in or promoting anti-competitive activities, including progressive customer advertising (such as chain, snowball or pyramid schemes);
      • Engaging in offensive or sexually oriented communication (explicit or implicit).
    3. The user is prohibited from the following actions:
      • Any action that is likely to impair the functionality of the healthbank infrastructure, in particular to overburden it or to disrupt or impede its proper functioning;
      • Any act that is likely to alter or access data unlawfully, as well as attempting to do so;
      • The distribution and public reproduction of contents of the healthbank websites or of other users is only permitted with the explicit consent of healthbank Coop or the other user; this also applies if data about applications of third parties are distributed or made accessible;
      • The user may use, advertise or distribute interfaces or software authorized by healthbank.
    4. healthbank Coop is not obliged to make data and/or information provided by the user available to other users if this data and/or information is not in accordance with sections 6.1, 6.2 and 6.3. healthbank Coop is furthermore entitled to remove such inadmissible data and/or information from the healthbank websites without prior notice or prior warning to the user.
    5. healthbank Coop has the right to block the user profile in the event of violations of these regulations, free to take further claims and measures.
  7. Changes to the services and the GTC

    1. Changes to services
      1. healthbank Coop reserves the right to change the services offered on the healthbank websites or to offer different services, in particular
        • To the extent that healthbank Coop is obliged to ensure that the services offered comply with the law applicable to the services, in particular if the applicable legal situation changes;
        • To the extent that healthbank Coop thus complies with a court ruling or an official decision directed against it;
        • If the change is predominantly beneficial to the user; or
        • If the change is of a purely technical or procedural nature and has no significant impact on the user.
      2. Changes with only an insignificant influence on the functions of healthbank.me do not constitute changes to services within the meaning of this section. This applies in particular to changes of a purely graphical nature and the mere modification of the arrangement of functions.
    2. Changes to the GTC
      1. healthbank Coop reserves the right to change these GTC at any time. healthbank Coop will inform the user about the changes to the GTC in due time and ask for his new consent. Without a new declaration of consent, the services or partial services of healthbank.me can no longer be used.
      2. healthbank Coop also reserves the right to change the GTC:
        1. If the change is predominantly beneficial to the user;
        2. If the change is purely technical or procedural, unless it has a material impact on the user;
        3. To the extent that healthbank Coop is obliged to establish compliance with the GTC with applicable law, in particular if the applicable legal situation changes;
        4. If healthbank Coop thereby complies with a court ruling against healthbank or a decision of the authorities; or
        5. If healthbank Coop introduces additional, completely new services, services or service elements that require a service description in the GTC.
      3. healthbank Coop will inform about such changes to the GTC on the healthbank websites.
  8. Duration, termination of contract, sanctions

    1. If in individual cases no specific regulations to the term and termination of individual applications or the healthbank.me user profile are in conflict; the contractual relationship can be terminated by both parties at any time.
    2. To protect the user against unauthorized deletion of his user profile by third parties, healthbank Coop may determine his identity upon termination, e.g. by requesting the user name and an e-mail address registered on the healthbank websites.
    3. Even in the event of special provisions for the duration and termination, both parties have the right to terminate the contractual relationship extraordinarily at any time without notice for an important reason. An important reason for extraordinary termination exists if the continuation of the contractual relationship until expiry of the statutory period of notice is unreasonable for the terminating party, taking into account all circumstances of the individual case and weighing the interests of both parties.
      1. The following events in particular are important reasons for healthbank Coop:
        • Non-compliance with legal regulations by the user;
        • Violation of the user’s contractual obligations;
        • The reputation of the services offered on the healthbank websites is significantly impaired by the presence of the user;
        • The user promotes associations or communities – or their methods or activities – which are observed by the security or youth protection authorities;
        • The user harms one or more other users; or
        • The user is a member of an organization whose program and activities are incompatible with or pose a risk to healthbank Coop’s activities, objectives and safety.
      2. If there is an important reason pursuant to sections 8.3 and 8.3.1, healthbank Coop may also take the following measures irrespective of termination pursuant to section 8.3:
        • Deletion of content posted by the user
        • Blocking access to the service of the healthbank websites or individual applications; and / or
        • Issuing a caution notice.
  9. Responsibility for content, data and / or information of users, availability

    1. healthbank Coop assumes no responsibility for the contents, data and/or information provided by the users on the healthbank websites or for contents on linked external websites. healthbank Coop particularly does not guarantee that these contents are true, fulfil a certain purpose or can serve such a purpose.
    2. The user may report any observations that the use of the healthbank websites (including the use of pseudonyms or deceptive identities) violates the law or the contract.
    3. With regard to data or contents which are or were publicly available according to the GTC, the data protection regulations or the settings of the user and/or which were stored by a third party, healthbank Coop is not obliged to prevent such storage by third parties.
    4. healthbank only provides the user with a platform and does not participate in the communication between users in terms of content. If the users conclude contracts with each other via the healthbank websites, healthbank Coop is not involved in such contracts and therefore does not become a contractual partner. The users themselves are responsible for the execution and fulfilment of the contracts concluded between them. healthbank Coop is not liable for breaches of duty by the users arising from such contracts concluded between the users.
    5. healthbank Coop strives for the best possible availability of the healthbank.me website. In particular, maintenance, security or capacity concerns as well as events which are beyond the control of healthbank Coop (e.g. disturbances of public communication networks, power failures, etc.) can lead to interruptions of availability. Any liability by healthbank Coop in this regard is excluded.
  10. Data Protection

    1. By accepting these GTC, the user agrees to the collection, processing, transfer and/or use of personal data in accordance with a data privacy statement. Furthermore, healthbank is permitted to use personal data on the basis of a legal permission, in particular in connection with the fulfilment of contractual obligations of healthbank Coop towards the users.
    2. healthbank.me offers users the opportunity to disclose their personal data to other users in part or in full or to revoke access to the data. Disclosure of this information is at the user’s own risk.
    3. Further details of data processing are provided in the data privacy statement.
  11. Applicable Law, Jurisdiction and Miscellaneous

    1. healthbank Coop may use subcontractors. healthbank Coop remains responsible for the fulfilment of the obligations assumed by healthbank even if subcontractors are appointed.
    2. healthbank Coop is entitled to transfer rights and obligations in whole or in part to third parties.
    3. healthbank Coop may send declarations to the user by e-mail or letter, unless otherwise governed by the GTC. In addition, healthbank Coop may make statements to the user by notification through the user’s private healthbank mailbox, which is part of the user’s healthbank user profile.
    4. Place of execution is the registered office of healthbank Coop.
    5. Place of jurisdiction is Baar (Zug), Switzerland.
    6. Swiss law applies exclusively.

Baar, May 24, 2018